Bill C-252

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II,
	House of Commons of Canada
	BILL C-252
1992, c. 20	An Act to amend the Corrections and Conditional Release Act (statutory release granted only when earned and subject to mandatory supervision)
Preamble
	Whereas the primary object of the criminal justice system is to protect law-abiding citizens and ensure that, so far as possible, imprisoned offenders are not released early into the community unless they are rehabilitated;
	Whereas imprisoned offenders have to participate in the rehabilitation process and should bear the burden of establishing that the necessary degree of rehabilitation has been achieved before being granted statutory release;
	And Whereas the public interest must be protected by keeping offenders who are granted statutory release under mandatory supervision;
	Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1997, c. 17, s. 17	*1. (1) The definition of ``statutory release'' in subsection 99(1) of the Corrections and Conditional Release Act* is replaced by the following:**
``statutory release'' « libération d'office »	``statutory release'' means release from imprisonment before the expiration of an offender's sentence subject to mandatory supervision, that is earned by an offender pursuant to section 127;
	(2) Paragraph 99(2)(a) of the Act is replaced by the following:
	(a) any period during which the offender could earn the right to statutory release; or
1999, c. 31, s. 66(E)	2. Subsection 127(1) of the Act is replaced by the following:
Earned statutory release	127. (1) Subject to any provision of this Act, an offender sentenced, committed or transferred to a penitentiary may apply for statutory release on the date determined in accordance with this section in order, subject to subsection 128(1.1) , to remain at large under supervision until the expiration of the sentence according to law.
Offender to show suitability for release	(1.1) An offender who applies for statutory release shall satisfy the Board during a hearing at which the offender is present that the offender
	(a) has been rehabilitated to an extent that statutory release subject to mandatory supervision order would not constitute a threat to public safety in general nor to any specific person or group of persons; and
	(b) has not shown behaviour that raises reasonable doubt that the offender would comply with a mandatory supervision order referred to in subsection 128(1.1).
Right to re-apply	(1.2) If an offender making an application fails to satisfy the Board of the matters mentioned in paragraphs (1.1)(a) and (b) and is refused statutory release, the offender may make a further application, no sooner than 180 days after the hearing on the prior application, if the institutional head of the facility at which the offender is confined first reports to the Board in writing that the staff with particular responsibility for the offender are of the opinion that the offender has made significant improvement with respect to the matters mentioned in those paragraphs since the prior hearing.
1999, c. 18, s. 87	3. (1) Section 128 of the Act is amended by adding the following after subsection (1):
Mandatory supervision	(1.1) An offender who is granted statutory release shall be subject to a mandatory supervision order until the expiration of the full period of the sentence.
Amended supervision order	(1.2) The Board may amend the terms of the mandatory supervision order that applies to an offender who has been granted statutory release so as to make the terms
	(a) more strict if that is warranted by considerations of public safety or the rehabilitation of the offender; or
	(b) less strict if that is warranted by the behaviour of the offender during a period of statutory release.
	(2) Subsection 128(2) of the Act is replaced by the following:
Freedom to be at large	(2) Except to the extent required by the conditions of any day parole and the terms of the order for mandatory supervision of any statutory release , an offender who is released on parole, statutory release or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole, statutory release or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole, statutory release, mandatory supervision order or unescorted temporary absence is suspended, cancelled, terminated or revoked.

Bill C-252

BILL C-252