Bill C-56: An Act to amend the Corrections and Conditional Release Act and to make a consequential amendment to the International Transfer of Offenders Act

C-56 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-56 An Act to amend the Corrections and Conditional Release Act and to make a consequential amendment to the International Transfer of Offenders Act first reading, March 27, 2015 MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS 90767 SUMMARY This enactment amends the Corrections and Conditional Release Act to (a) establish that a person who receives a particular sentence for an offence set out in Schedule I of the Act is, for the purposes of determining his or her statutory release date, a person-at-risk; (b) establish new rules to determine the statutory release date of an offender who, after he or she becomes a person-at-risk, receives a sentence of two years or more — or two or more sentences that amount to two years or more — for committing an offence, or offences, set out in Schedule I of the Act, and ensure that the offender’s statutory release date cannot be earlier than six months before the end of their sentence; and (c) require that the Correctional Service of Canada provide the police with information that is relevant to an offender’s risk of reoffending if the offender’s statutory release date is determined in accordance with the new rules. The enactment also makes a consequential amendment to the International Transfer of Offenders Act. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-56 An Act to amend the Corrections and Conditional Release Act and to make a consequential amendment to the International Transfer of Offenders Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Statutory Release Reform Act. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 2. Section 25 of the Corrections and Conditional Release Act is amended by adding the following after subsection (3): At-risk offender (4) The Service shall, before the release of an offender whose statutory release date is determined in accordance with subsections 127(6.1) to (6.3), and in a timely manner, take all reasonable steps to give the police all information under its control that is relevant to the offender’s risk of reoffending. 3. Section 127 of the Act is amended by adding the following after subsection (6): At-risk repeat offender — statutory release delayed (6.1) Subject to subsections (6.2) and (6.3), the statutory release date of an offender is the day that is six months before the expiry of the offender’s sentence, including a sentence constituted under subsection 139(1), if, after the day on which the person became a person-at-risk and after the day on which this subsection came into force, the offender (a) committed one or more offences set out in Schedule I, as it read on the day on which the offender received the sentence; and (b) received a sentence of two years or more for having committed that offence or received, on the same day, two or more sentences that are to be served consecutively and that amount to two years or more for having committed those offences. At-risk repeat offender — statutory release revoked (6.2) Despite subsection (5) and subject to subsections 130(4) and (6), the statutory release date of an offender who meets the conditions described in subsection (6.1) and whose parole or statutory release is revoked is the later of (a) the day that is six months before the expiry of the offender’s sentence, including any additional sentence imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, and (b) the day on which they have served two thirds of the portion of the sentence — including the additional sentence, if any — that begins on the day on which they are recommitted to custody as a result of the suspension or revocation and ends on the day on which the sentence expires. At-risk repeat offender — additional sentence (6.3) Despite subsection (5.1), the statutory release date of an offender referred to in subsection (6.1) who receives an additional sentence for an offence under an Act of Parliament and whose parole or statutory release is not revoked is the later of (a) the day that is six months before the expiry of the offender’s sentence, including the additional sentence, and (b) the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the earlier of the day on which they are recommitted to custody as a result of a suspension under section 135 and the day on which they are recommitted to custody as a result of the additional sentence and that ends on the day on which the sentence expires. Interpretation — person-at-risk (6.4) For the purposes of subsection (6.1), a person is a person-at-risk from the day on which (a) the person received, on or after November 1, 1992, a sentence of five years or more for an offence set out in Schedule I, as it read on the day on which the person received the sentence; (b) the person received, on or after November 1, 1992, two or more sentences imposed on the same day that amount to five years or more and that include (i) a sentence of two years or more for an offence set out in Schedule I, as it read on the day on which the person received the sentence, or (ii) two or more sentences for offences set out in Schedule I, as it read on the day on which the person received the sentences, that are to be served consecutively and that amount to two years or more; or (c) the person is transferred to Canada under the International Transfer of Offenders Act in respect of (i) a sentence, received on or after November 1, 1992, of five years or more for an offence for which the equivalent offence identified by the Minister under section 15 of that Act was set out in Schedule I, as it read on the day on which the person received the sentence, or (ii) two or more sentences, received on or after November 1, 1992, imposed on the same day that amount to five years or more and that include (A) a sentence of two years or more for an offence for which the equivalent offence identified by the Minister under section 15 of that Act was set out in Schedule I, as it read on the day on which the person received the sentence, or (B) two or more sentences for offences for which the equivalent offences identified by the Minister under section 15 of that Act was set out in Schedule I, as it read on the day on which the person received the sentences, that are to be served consecutively and that amount to two years or more. 2012, c. 1, s. 91 4. Paragraph 136(b) of the Act is replaced by the following: (b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1) or (6.3). 2012, c. 1, s. 93 5. Subsection 138(6) of the Act is replaced by the following: Effect of revocation on statutory release (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5) or (6.2). 2011, c. 11, s. 8 6. Schedule I to the Act is amended by replacing the references after the heading “SCHEDULE I” with the following: (Subsections 107(1), 127(6.1) and (6.4), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3)) 2004, c. 21 CONSEQUENTIAL AMENDMENT TO THE INTERNATIONAL TRANSFER OF OFFENDERS ACT 7. Subsection 26(1) of the International Transfer of Offenders Act is replaced by the following: Statutory release — penitentiary 26. (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the later of (a) the day on which they have served, beginning on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2), and (b) the day that is determined in accordance with subsection 127(6.1) of the Corrections and Conditional Release Act, if (i) the Canadian offender committed one or more offences, after the day on which this subsection comes into force, for which the equivalent offence or offences identified by the Minister under section 15 were set out in Schedule I of that Act, as it read on the day on which the offender received a sentence or sentences, (ii) the Canadian offender was a person-at-risk within the meaning of subsection 127(6.4) of that Act at the time they committed the offence or offences, and (iii) the sentence in respect of which the Canadian offender is transferred includes (A) a sentence of two years or more for an offence described in subparagraph (i), or (B) two or more sentences for offences described in subparagraph (i), received on the same day, that are to be served consecutively and that amount to two years or more. COMING INTO FORCE Order in council 8. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Explanatory NotesCorrections and Conditional Release Act Clause 2: New. Clause 3: New. Clause 4: Relevant portion of section 136: 136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if ... (b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1). Clause 5: Existing text of subsection 138(6): (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5). International Transfer of Offenders Act Clause 7: Existing text of subsection 26(1): 26. (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2).