Bill C-693: An Act to amend the Corrections and Conditional Release Act (authorized absences and work releases)

C-693 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-693 An Act to amend the Corrections and Conditional Release Act (authorized absences and work releases) first reading, June 16, 2015 Mr. Payne 412319 SUMMARY This enactment amends the Corrections and Conditional Release Act (a) to modify the conditions relating to temporary escorted absences of all inmates and to work releases of inmates who are serving a sentence of imprisonment for life imposed as a minimum punishment; and (b) to provide that medium security offenders are not eligible for unescorted temporary absences. 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-693 An Act to amend the Corrections and Conditional Release Act (authorized absences and work releases) 1992, c. 20 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. (1) Paragraphs 17(1)(a) and (b) of the Corrections and Conditional Release Act are replaced by the following: (a) the inmate will not present an undue risk to society during an absence authorized under this section; (b) it is desirable for the inmate to be absent from the penitentiary (i) for medical or administrative reasons, (ii) to attend to parental responsibilities, (iii) to enable contact with an immediate family member who is terminally ill, (iv) to attend a funeral, memorial service or other similar event relating to the death of an immediate family member, or (v) to participate in a program consistent with the inmate’s correctional plan that cannot be provided in the institution in which the inmate resides; (2) Subsection 17(1) of the Act is amended by removing “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) there will be no negative impact of any kind on a victim of an offence committed by the inmate, including physical or emotional harm, property damage or economic loss. 2. (1) Paragraphs 17.1(1)(a) and (b) of the Act are replaced by the following: (a) the inmate will not present an undue risk to society during an absence authorized under this section; (b) it is desirable for the inmate to be absent from the penitentiary (i) for medical or administrative reasons, (ii) to attend to parental responsibilities, (iii) to enable contact with an immediate family member who is terminally ill, (iv) to attend a funeral, memorial service or other similar event relating to the death of an immediate family member, or (v) to participate in a program consistent with the inmate’s correctional plan that cannot be provided in the institution in which the inmate resides; (2) Subsection 17.1(1) of the Act is amended by removing “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) there will be no negative impact of any kind on a victim of an offence committed by the inmate, including physical or emotional harm, property damage or economic loss. 3. The Act is amended by adding the following after section 17.1: Immediate family 17.2 For the purposes of paragraphs 17(1)(b) and 17.1(1)(b), the following persons are considered to be members of the inmate’s immediate family: (a) the father and mother of the inmate or of the inmate’s spouse or common-law partner; (b) the spouse or common-law partner of the father or mother of the inmate or of the inmate’s spouse or common-law partner; (c) the foster parent of the inmate or of the inmate’s spouse or common-law partner; (d) a child of the inmate’s father or mother or a child of the spouse or common-law partner of the inmate’s father or mother; (e) the inmate’s spouse or common-law partner; (f) a child of the inmate or of the inmate’s spouse or common-law partner; and (g) a ward of the inmate or of the inmate’s spouse or common-law partner. 4. (1) Subsection 18(1) of the Act is replaced by the following: Definition of “work release” 18. (1) In this section and in section 18.1, “work release” means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head. (2) The portion of subsection 18(2) of the Act before paragraph (b) is replaced by the following: Work releases may be authorized (2) If an inmate, other than an inmate described in subsection 18.1(1), is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head, (a) the inmate will not present an undue risk to society during a work release, 5. The Act is amended by adding the following after section 18: Authorization by Parole Board of Canada 18.1 (1) The Parole Board of Canada may authorize the work release of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act if the inmate is escorted by a staff member or other person authorized by the institutional head and if the Parole Board of Canada is of the opinion that (a) the inmate will not present an undue risk to society during the work release; (b) it is desirable for the inmate to participate in the work release; (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release; and (d) a plan for the work release has been prepared. The duration of the period of the work release is to be fixed by the Parole Board of Canada. Subsequent work release — institutional head (2) If the Parole Board of Canada authorizes the work release of an inmate under subsection (1) and the work release is not cancelled as a result of the inmate breaching a condition in relation to it, the institutional head may authorize subsequent work releases with escort for that inmate if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met. Subsequent work release — Parole Board of Canada (3) If a work release authorized by the institutional head under subsection (2) is cancelled because the inmate breached a condition in relation to it, any subsequent work release of the inmate may only be authorized by the Parole Board of Canada. Conditions (4) The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a work release authorized under this section, any condition that the Parole Board or the institutional head considers reasonable and necessary in order to protect society. Cancellation and reasons (5) The Parole Board of Canada or the institutional head, as the case may be, may cancel a work release authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so. Warrant (6) If a work release authorized under this section is suspended or cancelled after its commencement, the Parole Board of Canada or the institutional head, as the case may be, may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate. Authorization or refusal and reasons (7) The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a work release under this section. 6. Subsection 115(3) of the Act is replaced by the following: Maximum and medium security (3) Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96(z.6), are classified as maximum security offenders or medium security offenders are not eligible for an unescorted temporary absence. Published under authority of the Speaker of the House of Commons