Bill C-254

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First Reading

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	(A) under supervision for a period of not more than ten years, and
	(B) subject to any conditions that the court may prescribe,
	(ii) be detained in a penitentiary for a determinate period, or
	(iii) be released under supervision, subject to any conditions that the court may prescribe, for a period of not more than ten years.
Modification of conditions	(5) Where a court has made an order for the release of the offender under supervision, the court may at any time, on application by the prosecutor or the offender, require the offender to appear before it and, after hearing the offender and the prosecutor, the court may
	(a) make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in the circumstances since the conditions were prescribed;
	(b) relieve the accused, either absolutely or on such terms or for such period as the court considers desirable, of compliance with any condition prescribed in the order; or
	(c) decrease the period for which the order is to remain in force.
	27. (1) The portion of subsection 754(1) of the Act before paragraph (a) is replaced by the following:
Hearing of application under section 753	754. (1) Where an application has been made under section 753 , the court shall hear and determine the application, but no application shall be heard unless
	(2) Section 754 of the Act is amended by adding the following after subsection (1):
Hearing of application under section 753.1	(1.1) Where an application has been made under section 753.1, the court shall hear and determine the application, but no application shall be heard unless
	(a) at least seven days notice has been given to the offender by the Attorney General, following the making of the application, outlining the basis on which it is intended to found the application; and
	(b) a copy of the notice has been filed with the clerk of the court.
	(3) Subsection 754(3) of the Act is replaced by the following:
When proof unnecessary	(3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b) or (1.1)(a) , no proof of those allegations is required.
	28. The Act is amended by adding the following after section 758:
Application for interim detention order	758.1 (1) On or after the making of an application under section 753.1, the Attorney General may, before the expiration of the offender's sentence according to law, apply to a judge of the court for an interim order that the offender be detained in custody until the court disposes of the application under section 753.1.
Order	(2) The judge shall order that the offender be detained in custody unless the offender, having been given a reasonable opportunity to do so, shows cause why the detention is not justified within the meaning of subsection (3).
Justification for detention	(3) The detention of the offender in custody is justified on the ground that the detention is necessary
	(a) for the protection or safety of the public, having regard to all the circumstances, including any substantial likelihood that the offender will, if released from custody, commit a criminal offence or interfere with the administration of justice; or
	(b) to ensure the offender's attendance in court for the purposes of an application under section 753.1.
Hearing and order	(4) Where the offender shows cause why detention in custody is not justified, the judge may order that the offender be released on giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the judge considers desirable.
Review of order	(5) An order made under this section is not subject to review, except as provided in section 680.
Application of provisions to detention orders	(6) Section 517, subsection 518(1) and section 519 apply, with such modifications as the circumstances require, in respect of an application for an order under subsection (1).
Application of provisions to release orders	(7) Subsections 525(5), (6) and (7) apply, with such modifications as the circumstances require, in respect of a person who has been released from custody under subsection (4).
Subsequent offences	(8) Where an offender released from custody under subsection (4) is charged with an offence, a judge acting under this section may apply the provisions of Part XVI respecting judicial interim release to that offence.
Undertakings	(9) The provisions of Part XXV respecting recognizances apply, with such modifications as the circumstances require, in respect of recognizances entered into under this section.
	29. (1) Subsection 759(1) of the Act is replaced by the following:
Appeal	759. (1) A person who is sentenced under section 753 or is subject to an order made under section 753.1 may appeal to the court of appeal against that sentence or order on any ground of law or fact or mixed law and fact.
	(2) The portion of subsection 759(3) of the Act before paragraph (a) is replaced by the following:
Disposition of appeals of sentences under section 753	(3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period under section 753 , the court of appeal may
	(3) Section 759 of the Act is amended by adding the following after subsection (3):
Disposition of appeals of orders under section 753.1	(3.1) On an appeal against an order made under section 753.1, the court of appeal may
	(a) quash the finding and the order;
	(b) quash the finding and order a new hearing;
	(c) quash the order and make any other order that might have been made in respect of the offender under that section or order a new hearing; or
	(d) dismiss the appeal.
	(4) The portion of subsection 759(4) of the Act before paragraph (a) is replaced by the following:
Disposition of appeals of orders under section 753.1	(4) On an appeal against the dismissal of an application for an order under section 753, the court of appeal may
	(5) Section 759 of the Act is amended by adding the following after subsection (4):
Disposition of appeals of orders under section 753.1	(4.1) On an appeal against the dismissal of an application for an order under section 753.1, the court of appeal may
	(a) allow the appeal and make any order that might have been made in respect of the offender under that section, or order a new hearing; or
	(b) dismiss the appeal.
	30. (1) Subsection 761(1) of the Act is replaced by the following:
Review for parole of sentences under section 753	761. (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period under section 753,
	(a) the portion of the sentence that must be served before the person may be released on full parole under Part II of the Corrections and Conditional Release Act is three years from the day on which the person was taken into custody; and
	(b) the National Parole Board shall, as soon as practicable after the expiration of three years from the day on which the person was taken into custody and not later than every two years afterward , review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole and, if so, on what conditions.
	(2) Section 761 of the Act is amended by adding the following after subsection (2):
Review for parole of orders under section 753.1	(3) Where a person is in custody in a pentientiary under an order made under section 753.1,
	(a) the length of time that the person must be detained under the order before the person may be released on full parole under Part II of the Corrections and Conditional Release Act is one year from the day on which the order is made; and
	(b) the National Parole Board shall, as soon as practicable after the expiration of one year from the day on which the order is made and not later than every year afterward, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole and, if so, on what conditions.
	TRANSITIONAL PROVISIONS
Application of amendments	*31. Each provision of the Corrections and Conditional Release Act* and the Criminal Code as enacted by this Act applies to any offender who**
	(a) when this Act comes into force, is serving a term of imprisonment of two years or more or a term of imprisonment in a penitentiary for a serious personal injury offence; or
	(b) after this Act comes into force, is sentenced to a term of imprisonment of two years or more or a term of imprisonment in a penitentiary for a serious personal injury offence.
Notice	32. (1) Where, on the day this Act comes into force, an offender is serving a term of imprisonment that includes a sentence for a serious personal injury offence, the Service shall notify the offender of the provisions of section 132.1 of the Corrections and Conditional Release Act and section 753.1 of the Criminal Code as soon as possible after that day.
Failure to notify	(2) Failure to notify an offender in accordance with subsection (1) does not invalidate a referral of the offender's case pursuant to section 132.1 of the Corrections and Conditional Release Act or an order made pursuant to section 753.1 of the Criminal Code.

Bill C-254

TRANSITIONAL PROVISIONS