CRIM 1100

• 1. Alternatives to incarceration
• 2. Pre-release programs
• 3. Post-incarceration programs

• Diversion
• Probation

• Prison to be used as last resort
• Prison over-crowding
• Cost-effective

First time, minor offences, referral to community programs

• Diversion to be used if the following conditions met:
• a) Approved programs (Attorney General)
• b) Needs of person and interests of society and victim met this way
• c) Person "fully and freely" consents to participate
• d) Person has been advised of right to be represented by counsel before consenting to participate
• e) Person accepts responsibility
• f) There is sufficient evidence to proceed with prosecution of the offence
• g) Prosecution of offence not in any way barred by law

• 1. Person denies participation in offence, or
• 2. Person wants to go through court process

S. 731 C.C. - Check Sentencing notes

Allows for temporary absence from an institution

• Person allowed to leave for educational, medical, employment, family, pre-release planning
• Usually first type of release granted
• ETA - escorted - Issued by CSC.
• Eligibility: Anytime
• UTA - Unescorted. Issued by NPB. Eligibility dates:
• Lifers-1st and 2nd Degree - 3 years prior to PED (Parole Eligibility Date)
• Lifers - 3 Years prior to PED

Gradual release into community to aid with reintegration and test person for consideration for full parole

• Full parole
• Statutory Release

• Full time conditional release
• Person serves rest of sentence in community

Most Federal inmates become eligible for parole 1/3 of sentence before warrant expiry date

• 1. Lifers (1st Degree) - 25 years
• 2. Lifers (2nd Degree) - Judge determines; usually between 10 and 25 years
• 3. Lifers - 7 years
• 4. Interdeterminate Sentences - 7 years
• 5. Others - 2 years or more - lesser of 1/3 of sentence or 7 years

Those not released on parole released at 2/3 of sentence unless Schedule 1 or 2 offences, and thought to be likely to cause death or serious harm to some; detention hearing held to determine whether person released or continued to be held in custody

• NOT applicable to:
• Lifers; indeterminate sentences

Serious personal injury to others

Drug offences