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|
(b) in the case of an offence set out in
Schedule I, the commission of the offence
caused the death of, or serious harm to,
another person or the offence was a sexual
offence involving a child,
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|
(3) Subsections 130(5) to (7) of the Act are
replaced by the following:
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| Order not to
be released
|
(5) An offender who is in custody pursuant
to an order made under subsection (3) or
amended under paragraph (3.3)(b) is not
eligible to be released from imprisonment
under this Act except on a temporary absence
with escort for medical purposes under Part I.
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| Where order
for release
revoked
|
(6) Where an offender is ordered under
subsection (3) or paragraph (3.3)(b) not to be
released and is subsequently released pursuant
to an order made under subparagraph
131(3)(a)(ii) or (iii) and the statutory release
is later revoked, the offender is not entitled to
be released again on statutory release before
the expiration of the offender's sentence
according to law.
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|
46. (1) Paragraphs 131(3)(a) and (b) of
the Act are replaced by the following:
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(a) with respect to an order made under
subsection 130(3) or paragraph 130(3.3)(b),
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|
(ii) order the statutory release of the
offender subject to the condition that the
offender reside in a community-based
residential facility, psychiatric facility or,
subject to subsection (4), a penitentiary
designated pursuant to subsection (5),
where the offender has been detained for
a period during statutory release and the
Board is statisfied that the condition is
reasonable and necessary in order to
protect society and to facilitate the
successful reintegration into society of
the offender, or
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|
(iii) order the statutory release of the
offender without such a residence
requirement; or
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|
(b) with respect to an order made under
subparagraph (3)(a)(ii),
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(i) confirm or modify the order, or
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|
(ii) order the statutory release of the
offender without such a residence
requirement.
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|
(2) Section 131 of the Act is amended by
adding the following after subsection (3):
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| Consent of
Commissioner
|
(4) A condition under subparagraph
(3)(a)(ii) that an offender reside in a
penitentiary designated pursuant to
subsection (5) is valid only if consented to in
writing by the Commissioner or a person
designated by the Commissioner.
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| Designation
|
(5) The Commissioner may designate
penitentiaries for the purposes of orders made
under subparagraph (3)(a)(ii).
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|
47. (1) Subparagraph 132(1)(a)(i) of the
French version of the Act is replaced by the
following:
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(i) le nombre d'infractions antérieures
ayant causé un dommage corporel ou
moral,
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(2) Subparagraph 132(1)(a)(iii) of the Act
is replaced by the following:
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(iii) reliable information demonstrating
that the offender has had difficulties
controlling violent or sexual impulses to
the point of endangering the safety of any
other person,
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|
(3) Section 132 of the Act is amended by
adding the following after subsection (1):
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| Idem
|
(1.1) For the purposes of the review and
determination of the case of an offender
pursuant to section 129, 130 or 131, the
Service, the Commissioner or the Board, as
the case may be, shall take into consideration
any factor that is relevant in determining the
likelihood of the commission of a sexual
offence involving a child before the expiration
of the offender's sentence according to law,
including
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(a) a pattern of persistent sexual behaviour
involving children established on the basis
of any evidence, in particular,
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(i) the number of sexual offences
involving a child committed by the
offender,
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(ii) the seriousness of the offence for
which the sentence is being served,
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(iii) reliable information demonstrating
that the offender has had difficulties
controlling sexual impulses involving
children,
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(iv) behaviour of a sexual nature
associated with the commission of any
offence by the offender, and
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|
(v) a substantial degree of indifference on
the part of the offender as to the
consequences to other persons of the
offender's behaviour;
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|
(b) reliable information about the
offender's sexual preferences indicating
that the offender is likely to commit a sexual
offence involving a child before the
expiration of the offender's sentence
according to law;
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|
(c) medical, psychiatric or psychological
evidence of the likelihood of the offender
committing such an offence owing to a
physical or mental illness or disorder of the
offender;
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(d) reliable information compelling the
conclusion that the offender is planning to
commit such an offence; and
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(e) the availability of supervision programs
that would offer adequate protection to the
public from the risk the offender might
otherwise present until the expiration of the
offender's sentence according to law.
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|
48. (1) Section 133 of the Act is amended
by adding the following after subsection (4):
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| 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 in a psychiatric facility, where the
releasing authority is satisfied that, in the
absence of such a condition, the offender will
present an undue risk to society by committing
an offence listed in Schedule I before the
expiration of the offender's sentence
according to law.
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| 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.
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| 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.
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| 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 the Commissioner.
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|
(2) Subsection 133(5) of the English
version of the Act is replaced by the
following:
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| 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.
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|
(3) Paragraph 133(6)(b) of the English
version of the Act is replaced by the
following:
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|
(b) in respect of conditions imposed under
subsection (3), (4) or (4.1), remove or vary
any such condition.
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|
49. The heading before section 135 of the
Act is replaced by the following:
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50. (1) The portion of subsection 135(1) of
the Act before paragraph (a) is replaced by
the following:
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| Suspension of
parole or
statutory
release
|
135. (1) A member of the Board or a person,
designated by name or by position, by the
Chairperson of the Board or by the
Commissioner, when an offender breaches a
condition of parole or statutory release or
when the member or person is satisfied that it
is necessary and reasonable to suspend the
parole or statutory release in order to prevent
a breach of any condition thereof or to protect
society, may, by warrant,
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|
(2) Subsection 135(2) of the Act is
replaced by the following:
|
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| Transfer of
offender
|
(2) A person designated pursuant to
subsection (1) may, by warrant, order the
transfer to penitentiary of an offender who is
recommitted to custody pursuant to
subsection (1) in a place other than a
penitentiary.
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|
(3) The portion of subsection 135(3) of the
Act before paragraph (a) is replaced by the
following:
|
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| Cancellation
of suspension
or referral
|
(3) The person who signs a warrant pursuant
to subsection (1) or any other person
designated pursuant to that subsection shall,
forthwith after the recommitment of the
offender, review the offender's case and
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|
(4) Paragraph 135(5)(a) of the Act is
replaced by the following:
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(a) cancel the suspension, where the Board
is satisfied that, in view of the offender's
behaviour since release, the offender will
not, by reoffending before the expiration of
the offender's sentence according to law,
present an undue risk to society;
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|
(5) Paragraph 135(5)(c) of the Act is
replaced by the following:
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|
(c) where the offender is no longer eligible
for the parole or entitled to be released on
statutory release, terminate or revoke it.
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|
(6) Subsection 135(7) of the Act is
replaced by the following:
|
|
| Transmission
of
cancellation
of suspension
|
(6.1) Where a person referred to in
subsection (3) or the Board cancels a
suspension under this section, the person or
the Board, as the case may be, shall forward a
notification of the cancellation of the
suspension or an electronically transmitted
copy of the notification to the person in charge
of the facility in which the offender is being
held.
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| Additional
power of the
Board
|
(7) Independently of subsections (1) to (6),
where the Board is satisfied that the continued
parole or statutory release of an offender
would constitute an undue risk to society by
reason of the offender reoffending before the
expiration of the sentence according to law,
the Board may, at any time,
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(a) where the offender is no longer eligible
for the parole or entitled to be released on
statutory release, terminate or revoke the
parole or statutory release; or
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|
|
(b) where the offender is still eligible for the
parole or entitled to be released on statutory
release,
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|
(i) terminate the parole or statutory
release, where the undue risk to society is
due to circumstances beyond the
offender's control, or
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|
(ii) revoke the parole or statutory release,
where the undue risk to society is due to
circumstances within the offender's
control.
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|
(7) Section 135 of the Act is amended by
adding the following after subsection (9):
|
|
| Revocation of
parole or
statutory
release
|
(9.1) Where an offender whose parole or
statutory release has not been terminated or
revoked receives an additional sentence for an
offence under an Act of Parliament, the parole
or statutory release, as the case may be, is
revoked on the day on which the additional
sentence is imposed.
|
|
| Exception
|
(9.2) Subsection (9.1) does not apply where
the additional sentence is to be served
concurrently with, and is in respect of an
offence committed before the commencement
of, the sentence to which the parole or
statutory release applies.
|
|
| Parole
inoperative
where parole
eligibility date
in future
|
(9.3) Where an offender who is released on
parole receives an additional sentence
described in subsection (9.2) and the day
determined in accordance with section 119,
120 or 120.2, as the case may be, on which the
offender is eligible for parole is later than the
day on which the offender received the
additional sentence, the parole becomes
inoperative and the offender shall be
reincarcerated.
|
|
| Non-applicati
on of
subsection
(9.1)
|
(9.4) Unless the lieutenant governor in
council of a province in which there is a
provincial parole board makes a declaration
under subsection 113(1) that subsection (9.1)
applies in respect of offenders under the
jurisdiction of that provincial parole board,
subsection (9.1) does not apply in respect of
such offenders, other than an offender who
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|
(a) is serving a sentence in a provincial
correctional facility pursuant to an
agreement entered into under paragraph
16(1)(a); or
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|
(b) as a result of receiving an additional
sentence referred to in subsection (9.1), is
required, pursuant to section 731 of the
Criminal Code, to serve the sentence in a
penitentiary.
|
|
| Parole
inoperative
where
consecutive
sentence
|
(9.5) Where an offender to whom
subsection (9.1) does not apply who is on
parole that has not been revoked or terminated
receives an additional sentence, for an offence
under an Act of Parliament, that is to be served
consecutively with the sentence the offender
was serving when the additional sentence was
imposed, the parole becomes inoperative and
the offender shall be reincarcerated until the
day on which the offender has served, from the
day on which the additional sentence was
imposed, the period of ineligibility in relation
to the additional sentence and, on that day, the
parole is resumed, subject to the provisions of
this Act, unless, before that day, the parole has
been revoked or terminated.
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|
(8) Section 135 of the Act is amended by
adding the following after subsection (10):
|
|
| Time at large
during
suspension
|
(11) For the purposes of this Act, where a
suspension of parole or statutory release is
cancelled, the offender is deemed, during the
period beginning on the day of the issuance of
the suspension and ending on the day of the
cancellation of the suspension, to have been
serving the sentence to which the parole or
statutory release applies.
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|
51. Section 136 of the Act is replaced by
the following:
|
|
| Warrant on
termination,
revocation or
inoperability
|
136. When the parole or statutory release of
an offender is terminated or revoked or where
it becomes inoperative pursuant to subsection
135(9.3) or (9.5), a member of the Board or a
person designated by the Chairperson of the
Board may, by warrant, authorize the
apprehension and recommitment to custody of
the offender pursuant to section 137.
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|
|
52. Subsection 137(1) of the Act is
replaced by the following:
|
|
| Execution of
warrant
|
137. (1) A warrant of apprehension issued
under section 11.1, 18, 118, 135 or 136 or by
a provincial parole board, or an electronically
transmitted copy thereof, shall be executed by
any peace officer to whom it is given in any
place in Canada as if it had been originally
issued or subsequently endorsed by a justice or
other lawful authority having jurisdiction in
that place.
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|
|
53. Subsection 138(2) of the Act is
replaced by the following:
|
|
| Effect of
termination
on parole and
statutory
release
|
(2) An offender whose parole or statutory
release has been terminated is
|
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|
|
(a) eligible for parole in accordance with
section 120, 120.1, 120.2 or 120.3, as the
case may be; and
|
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|
|
(b) entitled to be released on statutory
release in accordance with section 127.
|
|
| No forfeiture
of remission
|
(3) An offender whose parole or statutory
release has been terminated is not liable to
forfeit
|
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|
|
(a) any remission with which the offender
was credited pursuant to the Prisons and
Reformatories Act; or
|
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|
|
(b) any credits under the Transfer of
Offenders Act.
|
|
| Effect of
revocation on
parole
|
(4) An offender whose parole or statutory
release has been revoked is eligible for parole
in accordance with section 120, 120.1, 120.2
or 120.3, as the case may be.
|
|
| Exception
|
(5) Notwithstanding sections 122 and 123,
the Board is not required to conduct a review
for the purpose of parole of the case of an
offender referred to in subsection (4) within
one year after the date on which the offender's
parole or statutory release is revoked.
|
|
| Effect of
revocation on
statutory
release
|
(6) Subject to subsections 130(4) and (6), an
offender whose parole or statutory release has
been revoked is entitled to be released on
statutory release in accordance with section
127.
|
|
|
|
54. Section 139 of the Act is replaced by
the following:
|
|
| Additional
sentences
|
139. (1) Where a person who is subject to a
sentence that has not expired receives an
additional sentence, the person is, for the
purposes of the Criminal Code, the Prisons
and Reformatories Act and this Act, deemed to
have been sentenced to one sentence
commencing at the beginning of the first of
those sentences to be served and ending on the
expiration of the last of them to be served.
|
|
| Interpretation
|
(2) This section does not affect the time of
commencement, pursuant to subsection
721(1) of the Criminal Code, of any sentences
that are deemed under this section to
constitute one sentence.
|
|