RELEASE MEASURES IN CANADA (FROM STUDIES ON IMPRISONMENT, 1976 - SEE NCJ-54805)

• NCJ Number: 54807
• Author(s): P LANDREVILLE; P CARRIERE
• Date Published: 1976
• Length: 72 pages
• Corporate Author: Law Reform Cmssn of Canada
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: Canada

Annotation

REMISSION OF IMPRISONMENT, PAROLE, DAY PAROLE, AND TEMPORARY RELEASE ARE DISCUSSED FROM A GENERAL PERSPECTIVE, WITH PARTICULAR REFERENCE TO CANADA. RECOMMENDATIONS ARE OFFERED.

Abstract

REMISSION, WHEREBY A SENTENCE OF IMPRISONMENT IS REDUCED AS A RESULT OF GOOD BEHAVIOR, IS DISCUSSED WITH RESPECT TO ITS GENERAL HISTORY OF APPLICATION, AND THE CURRENT LEGISLATION GOVERNING THE USE OF REMISSION IN CANADA IS CONSIDERED. THE CANADIAN LAW ON REMISSION IS SAID TO EMPHASIZE REMISSION AS A MEANS OF CONTROL IN MOTIVATING INMATES TO PARTICIPATE EFFECTIVELY IN PRISON WORK AND REHABILITATION PROGRAMS. DECISIONS TO GRANT OR FORFEIT REMISSION LIE BASICALLY WITH PRISON AUTHORITIES AS THEY OBSERVE AND SEEK TO REGULATE BEHAVIOR. THE POWER TO GRANT OR WITHOLD REMISSION IS, THEREFORE, TOO BLATANTLY MANIPULATIVE TO FULFILL A USEFUL PURPOSE. MORE APPROPRIATE MEANS FOR MOTIVATING INMATES TO PARTICIPATE IN REHABILITATION PROGRAMS ARE NOTED TO EXIST. THE PURPOSES OF PAROLE ARE CONSIDERED, AND THE EVOLUTION OF PAROLE IN CANADA IS DISCUSSED. THE STRUCTURE OF THE PAROLE SYSTEM, THE SCREENING PROCESS OF PAROLE BOARDS, AND PROCEDURES FOR REVOKING PAROLE ARE DESCRIBED. THE RECIDIVISM RATE FOR PAROLEES IS NO BETTER THAN THAT FOR OFFENDERS RELEASED AFTER SERVING THEIR FULL TERM IN PRISON. WHILE THIS FACT HAS BEEN USED BY SOME AS A BASIS FOR RECOMMENDING THE ABOLISHMENT OF THE PAROLE SYSTEM, IT IS MAINTAINED THAT THE PAROLE SYSTEM STILL OFFERS A POTENTIAL STRUCTURE FOR HELPING OFFENDERS DEAL WITH PROBLEMS OBSTRUCTING SUCCESSFUL REINTEGRATION. DAY PAROLE IS GRANTED FOR REHABILITATIVE PURPOSES TO ALLOW AN INMATE TO HOLD A REGULAR JOB; A PERIOD OF FULL-TIME IMPRISONMENT, HOWEVER, USUALLY IS REQUIRED BEFORE AN INMATE IS ELIGIBLE. TEMPORARY RELEASE CAN BE GRANTED VERY SOON AFTER CONFINEMENT, BUT ONLY FOR SHORT, SPECIFIED PERIODS OF TIME FOR SPECIAL PROJECTS AND NOT FOR INMATE EMPLOYMENT. IT IS SUGGESTED THAT THE CRITERIA FOR THE APPLICATION OF THESE RELEASE MEASURES BE MADE KNOWN TO INMATES AS THEY ENTER PRISON, AND THEY SHOULD BE USED IN CAREFULLY PLANNED STAGES. A BIBLIOGRAPHY IS PROVIDED.