Corrections and Conditional Release Act (S.C. 1992, c. 20)

Definition of work release

• 18 (1) In this section, 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.

• Marginal note:Work releases may be authorized

  (2) Where an inmate 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, by reoffending, present an undue risk to society during a work release,

  • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

  • (d) a structured plan for the work release has been prepared,

  the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

• Marginal note:Conditions

  (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Suspension or cancellation

  (4) The institutional head may suspend or cancel a work release either before or after its commencement.

• Marginal note:Reasons to be given

  (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

• Marginal note:Warrant

  (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.