Definition of releasing authority
133 (1) In this section, releasing authority means
(a) the Board, in respect of
(ii) statutory release, or
(iii) unescorted temporary absences authorized by the Board under subsection 116(1);
(b) the Commissioner, in respect of unescorted temporary absences authorized by the Commissioner under subsection 116(2); or
(c) the institutional head, in respect of unescorted temporary absences authorized by the institutional head under subsection 116(2).
Marginal note:Conditions of release
(2) Subject to subsection (6), every offender released on parole, statutory release or unescorted temporary absence is subject to the conditions prescribed by the regulations.
Marginal note:Conditions set by releasing authority
(3) The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.
Marginal note:Conditions to protect victim
(3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact on them — including any safety concerns — or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.
Marginal note:Written reasons
(3.2) If a statement referred to in subsection (3.1) has been provided to the releasing authority and the releasing authority decides not to impose any conditions under that subsection, it shall provide written reasons for the decision.
Marginal note:For greater certainty
(3.3) For greater certainty, if no statement has been provided to the releasing authority, nothing in subsection (3.1) precludes the releasing authority from imposing any condition under subsection (3).
Marginal note:Residence requirement
(4) Where, in the opinion of the releasing authority, the circumstances of the case so justify, the releasing authority may require an offender, as a condition of parole or unescorted temporary absence, to reside in a community-based residential facility.
Marginal note:Residence requirement
(4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.
Definition of community-based residential facility
(4.2) In subsection (4.1), community-based residential facility includes a community correctional centre but does not include any other penitentiary.
Marginal note:Not necessary to determine particular offence
(4.3) For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.
Marginal note:Consent of commissioner
(4.4) A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.
Marginal note:Duration of conditions
(5) A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.
Marginal note:Relief from conditions
(6) The releasing authority may, in accordance with the regulations, before or after the release of an offender,
(a) in respect of conditions referred to in subsection (2), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or
(b) in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.
Marginal note:Obligation — removal or variance of condition
(7) Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.
- 1992, c. 20, s. 133
- 1995, c. 42, ss. 48, 71(F)
- 1997, c. 17, s. 28
- 2012, c. 1, s. 86
- 2014, c. 21, s. 5
- 2015, c. 13, s. 59, c. 30, s. 4
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