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3 types of correctional programs within the community
- 1. Alternatives to incarceration
- 2. Pre-release programs
- 3. Post-incarceration programs
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Alternatives to Incarceration
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Rehabilitation
- Prison to be used as last resort
- Prison over-crowding
- Cost-effective
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Alternatives to Incarceration - Diversion
First time, minor offences, referral to community programs
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S. 717(1) C.C.
- 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
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Alternatives to Incarceration - Diversion; not be used IF:
- 1. Person denies participation in offence, or
- 2. Person wants to go through court process
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Probation
S. 731 C.C. - Check Sentencing notes
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Pre-Release Programs
Allows for temporary absence from an institution
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Temporary absence
- 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
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Pre-Release Programs - Day Parole
Gradual release into community to aid with reintegration and test person for consideration for full parole
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Post-Incarceration Release Programs
- Full parole
- Statutory Release
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Full-parole
- Full time conditional release
- Person serves rest of sentence in community
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Full-Parole Eligibility
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
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Statutory Release
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
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Corrections and Conditional Release Act - Schedule 1
Serious personal injury to others
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Corrections and Conditional Release Act - Schedule 2
Drug offences
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