|
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|
1995, c. 42,
subpar. 71(a)(
xi)(F)
|
(3) Subsections 116(6) and (7) of the Act
are replaced by the following:
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Exception
|
(6) An unescorted temporary absence to
participate in a structured program of work in
the community or specific personal
development program may be authorized for
a period not exceeding 60 days and
may - with the approval of the Board or
Commissioner, or a person designated by
name or position by the Commissioner, as the
case may be - be renewed for one or more
periods not exceeding 60 days each. The
number of days authorized under this
subsection may not exceed 120 per calendar
year.
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Absences for
other reasons
|
(7) Unescorted temporary absences for
reasons other than those referred to in
subsection (3), (4) or (6) may be authorized
for a maximum total of 48 hours per month for
an offender classified by the Service as a
medium security offender, and for a maximum
total of 72 hours per month for an offender
classified as a minimum security offender.
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|
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21. (1) Subsection 117(1) of the Act is
repealed.
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1995, c. 42,
subpar. 71(a)(
xii)(F)
|
(2) Subsection 117(3) of the Act is
replaced by the following:
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Suspension by
institutional
head
|
(3) The institutional head of a penitentiary
from which an unescorted temporary absence,
that was authorized by the Board, has been
effected may suspend the absence if, in the
opinion of the institutional head, the
offender's retention in custody or
recommitment to custody is justified in order
to protect society, on the basis of information
that could not reasonably have been provided
to the Board when the absence was authorized.
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(3) Subsection 117(4) of the English
version of the Act is replaced by the
following:
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Referral of
suspension to
Board
|
(4) An institutional head who suspends an
unescorted temporary absence under
subsection (3) shall forthwith refer the
offender's case to the Board, and the Board
shall decide whether the absence should be
cancelled.
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1995, c. 42,
subpar. 71(a)(
xiii)(F)
|
22. Section 118 of the Act is replaced by
the following:
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|
Warrant for
apprehension
and
recommitment
|
118. If an offender is not in custody in a
penitentiary or in a hospital referred to in
subsection 117(2), the person who cancels an
unescorted temporary absence under
subsection 116(10), or pursuant to a
delegation of power under subsection 117(2),
or who suspends an unescorted temporary
absence under subsection 117(3) shall cause a
warrant to be issued authorizing the
apprehension and recommitment to custody of
the offender.
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1997, c. 17,
s. 21(1)
|
23. Section 119.1 of the Act is replaced by
the following:
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|
Time when
eligible for
day
parole - acce
lerated review
|
119.1 Before an offender who is eligible for
accelerated day parole review under section
121.1 may be released on day parole, they
shall serve the longest of
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|
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Definition of
``sentence''
|
119.2 For the purpose of sections 120 to
120.3 and unless the context requires
otherwise, a sentence is one that is not
constituted in accordance with subsection
139(1).
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|
1995, c. 42,
s. 34; 1997,
c. 17, s. 22(F);
1998, c. 35,
s. 113(1);
2000, c. 24,
ss. 39 and 40
|
24. Sections 120.1 to 120.3 of the Act are
replaced by the following:
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|
Multiple
sentences on
same day
|
120.1 (1) A person who is not serving a
sentence and who receives more than one
sentence on the same day is not eligible for
full parole until the day on which they have
served a period equal to the total of
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|
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One or more
additional
consecutive
sentences
|
(2) If an offender who is serving a sentence,
or is serving a sentence that was constituted
under subsection 139(1) , receives an
additional sentence that is to be served
consecutively to the sentence they are serving
when the additional sentence is
imposed - or receives, on the same day, two
or more additional sentences to be served
consecutively and the additional sentences are
to be served consecutively to the sentence they
are serving when the additional sentences are
imposed - the offender is not eligible for full
parole until the day on which they have
served, beginning on the day on which the
additional sentence is or sentences are
imposed, the total of the following periods:
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|
|
|
|
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|
|
Additional
sentence to be
served
consecutively
to portion of
sentence
|
(3) Despite subsection (2), if an offender
who is serving a sentence that was constituted
under subsection 139(1) receives an
additional sentence that is to be served
consecutively to a portion of the sentence they
are serving when the additional sentence is
imposed - or receives, on the same day, two
or more additional sentences to be served
consecutively to a portion of the sentence they
are serving when the additional sentences are
imposed - they are not eligible for full
parole until the day that is the latest of
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|
|
|
|
|
|
|
|
|
|
Additional
concurrent
sentence
|
120.2 (1) Subject to subsection (2), if an
offender who is serving a sentence, or is
serving a sentence that was constituted under
subsection 139(1) , receives an additional
sentence that is to be served concurrently with
the sentence they are serving when the
additional sentence is imposed, they are not
eligible for full parole until the day that is the
later of
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|
|
|
|
|
|
|
|
|
|
|
|
|
One or more
sentences in
addition to
life sentence
|
(2) If an offender who is serving a life
sentence or a sentence for an indeterminate
period receives a sentence for a determinate
period - or receives, on the same day, two or
more sentences for a determinate
period - they are not eligible for full parole
until the day on which they have served,
beginning on the day on which the additional
sentence is or sentences are imposed, the total
of the following periods:
|
|
|
|
|
|
|
|
Reduction of
period of
ineligibility
for parole
|
(3) If there has been a reduction - under
section 745.6 of the Criminal Code,
subsection 140.3(2) of the National Defence
Act or subsection 15(2) of the Crimes Against
Humanity and War Crimes Act - in the
number of years of imprisonment without
eligibility for parole of an offender referred to
in subsection (2), the offender is not eligible
for full parole until the day on which they have
served, beginning on the day on which the
additional sentence is or sentences are
imposed, the total of the following periods:
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|
|
|
|
|
|
|
Maximum
period
|
120.3 Subject to section 745 of the Criminal
Code, subsection 140.3(1) of the National
Defence Act and subsection 15(1) of the
Crimes Against Humanity and War Crimes
Act, the day on which an offender is eligible
for full parole shall not be later than
|
|
|
|
|
|
|
|
|
|
|
1998, c. 35,
s. 115
|
25. (1) The portion of subsection 121(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Exceptional
cases
|
121. (1) Subject to section 102 and despite
sections 119 to 120.3 of this Act, sections
746.1 and 761 of the Criminal Code,
subsection 140.3(2) of the National Defence
Act and subsection 15(2) of the Crimes
Against Humanity and War Crimes Act and
any order made under section 743.6 of the
Criminal Code or section 140.4 of the
National Defence Act, parole may be granted
at any time to an offender
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|
|
(2) The portion of subsection 121(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
Exceptions
|
(2) Paragraphs (1)(b) to (d) do not apply to
an offender who is
|
|
|
26. The Act is amended by adding the
following before section 122:
|
|
Accelerated
review of
certain day
parole cases
|
121.1 (1) An offender who is sentenced,
committed or transferred to a penitentiary for
the first time, other than under an agreement
referred to in paragraph 16(1)(b), is eligible
for accelerated day parole review, unless the
offender is serving
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|
|
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|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Application
|
(2) For greater certainty, this section and
subsection 122(1.1)
|
|
|
|
|
|
|
|
Review by
Service
|
(3) The Service shall review the case and
deliver to the Board any information that, in
the Service's opinion, is relevant to its review
under subsection 122(1.1).
|
|
Delegation to
provincial
authorities
|
(4) The Service may delegate to the
correctional authorities of a province its
powers under this section in respect of
offenders who are serving their sentences in
provincial correctional facilities in that
province.
|
|
1995, c. 42,
par. 69(f)(E)
|
27. (1) Subsections 122(1) to (3) of the Act
are replaced by the following:
|
|
Day parole
review
|
122. (1) Subject to subsection 119(2), the
Board shall, within the period prescribed by
the regulations and for the purpose of deciding
whether to grant day parole, review the case
of an offender who applies for a review , other
than an offender referred to in subsection (1.1)
or (2).
|
|
Day parole
review - acc
elerated
|
(1.1) The Board shall, within the period
prescribed by the regulations and for the
purpose of deciding whether to grant day
parole, review the case of every offender who
is eligible for accelerated day parole review
under section 121.1.
|
|
Special cases
|
(2) The Board may, within the period
prescribed by the regulations and for the
purpose of deciding whether to grant day
parole, review the case of an offender who
applies for a review and is serving a sentence
of two years or more in a provincial
correctional facility in a province where no
program of day parole has been established for
that category of offender.
|
|
Decision or
adjournment
|
(3) During the review, the Board shall
decide, based on the criteria set out in section
102 , whether to grant day parole. It may
adjourn the review for a reason authorized by
the regulations and for a reasonable period not
exceeding the maximum period prescribed by
the regulations.
|
|
1995, c. 42,
s. 36(F)
|
(2) Subsection 122(5) of the Act is
replaced by the following:
|
|
Maximum
duration
|
(5) Day parole may be granted to an
offender referred to in subsection (1) or (2) for
up to six months and, after reviews of the case
by the Board, for additional periods of up to
six months each.
|
|
Maximum
duration - ac
celerated
review
|
(5.1) Day parole may be granted to an
offender referred to in subsection (1.1) for up
to six months or, if the period between day
parole eligibility and full parole eligibility is
longer than six months, until the day on which
the offender is eligible for full parole. After
reviews of the case by the Board, day parole
may be granted for additional periods of up to
six months each.
|
|
1995, c. 42,
par. 69(g)(E)
|
28. (1) Subsections 123(1) and (2) of the
Act are replaced by the following:
|
|
Full parole
review
|
123. (1) The Board shall, within the period
prescribed by the regulations and for the
purpose of deciding whether to grant full
parole, review the case of every offender who
is serving a sentence of two years or more and
who is not within the jurisdiction of a
provincial parole board.
|
|
Waiver of
review
|
(2) The Board is not required under
subsection (1), (5) or (5.1) to review the case
of an offender who has advised the Board in
writing that they do not wish to be considered
for full parole and who has not in writing
revoked that advice.
|
|
|
(2) Subsection 123(4) of the Act is
replaced by the following:
|
|
Decision or
adjournment
|
(4) During the review, the Board shall
decide, based on the criteria set out in section
102 , whether to grant full parole. It may
decide to grant day parole or to adjourn the
review for a reason authorized by the
regulations and for a reasonable period not
exceeding the maximum period prescribed by
the regulations.
|
|
1995, c. 42,
s. 37(2)
|
(3) The portion of subsection 123(5) of the
French version of the Act before paragraph
(a) is replaced by the following:
|
|
Réexamen
|
(5) En cas de refus de libération
conditionnelle dans le cadre de l'examen visé
au paragraphe (1) ou à l'article 122 ou encore
en l'absence de tout examen pour les raisons
exposées au paragraphe (2), la Commission
procède au réexamen dans les deux ans qui
suivent la date de la tenue du premier examen
en application du présent article ou de l'article
122, ou la date fixée pour cet examen, selon
la plus éloignée de ces dates, et ainsi de suite,
au cours de chaque période de deux ans,
jusqu'au premier en date des événements
suivants :
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|