The Correctional System

Lesson 50

The Correctional System“Most people come out of jail eventually. Soyou have to consider what’s going to be theeffect of jail on this person, on thecommunity, when he or she gets out.”

- Madam Justice Mary HoganFast Fact • Women represent 9% of the inmate population

in provincial prisons and 4% in federal prisons.

International comparison of incarceration rates, 1997-1998

The Provincial Correctional System

• People in the provincial correctional system are either awaiting trial or serving sentences of less than 2 years.

Types of security in these institutions:

Closed Custody • reserved for dangerous offenders and escape risks

Protective Custody• separation of offenders from the rest of the prison population

Open Custody• less secure facilities for non-violent offenders

– Example: a halfway house

Approximately 63% of new offenders in correctional institutions test ator below a Grade 8 level in math and reading/writing

Closed-Custody provincial facility in Ontario

Kingston’s Prison for Women

The Federal Correctional System • Sentences of more than 2 years imprisonment are

served in federal institutions • Maximum-security institution

– a highly secured correctional facility– for dangerous offenders – guarded by armed correctional officers– secured buildings with high walls and razor-wire fences and bars

on all doors and windows • Medium-security institutions

– fewer physical barriers and not as many guards – inmates allowed more freedom and more contact with other

inmates• Minimum-security institution

– has no external barriers – More employment and educational programs

Paroles and Pardons Parole • Release of an inmate, on a promise of

good behaviour, into the community before the full sentence is served.

• Prisoners must be reviewed for parole after 1/3 of the full sentence has been served, or after 7 years, whichever is less– Exception: 1st degree murder

• Review doesn’t always result in parole

Conditional Release Conditional release • Serving part of the sentence in the community under supervision Escorted absences • Can be granted at any time• Duration 5-15 days • To participate in rehabilitation programs, obtain medical treatment, or attend

significant family events Unescorted temporary absence • Brief release from custody for community service or personal reasonsWork release • Conditional absence from custody to perform paid or voluntary work under

supervision Day parole • Conditional absence from custody during the day only• Low risk offenders may apply for this after serving 1/6th of their sentence • Required to return to institution or halfway house each night Full parole • conditional release from custody after serving 1/3 of a sentence Statutory release • Release, by law, after serving two-thirds of a sentence• The law does not apply to offenders serving life or indeterminate sentences

MURDER Offenders convicted of 1st degree murder• eligible for full parole after serving 25 years of

their sentenceOffenders convicted of 2nd degree murder • Eligibility after serving between 10 and 25 years • The period is determined by the trial judge and

is specified at sentencing

Pardons Pardon• The setting aside of a person’s record of conviction • Some foreign governments may not recognize a pardon, nor will a pardon

guarantee entry or visa privileges to another country• A pardon does not erase the fact that a person was convicted of an offence• Who can apply for a pardon1) An offender convicted of a summary offence

– Three years after completing his/her sentence 2) An offender convicted of an indictable offence

– Five years after completing his/her sentence• The offender must demonstrate that he/she is now a law-abiding citizen• A pardon automatically has no effect if a person is later convicted of an

indictable offence• The National Parole Board can also rescind a pardon for any of the

following reasons: • A conviction for a summary offence• Unacceptable conduct• False information at the time of application Royal Prerogative of Mercy • A release or sentence reduction granted by the Queen under the authority

of an Act of Parliament

Eligibility for different types of conditional release or parole