Bill C-483

62-63 ELIZABETH II

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CHAPTER 36

An Act to amend the Corrections and Conditional Release Act (escorted temporary absence)

[Assented to 16th December, 2014]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CORRECTIONS AND CONDITIONAL RELEASE ACT

1. Subsection 17(1) of the Corrections and Conditional Release Act is replaced by the following:

17. (1) The institutional head may, subject to section 746.1 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, authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head,

(a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

(b) it is desirable for the inmate to be absent from the penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

(d) a structured plan for the absence has been prepared.

The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons.

1.1 The Act is amended by adding the following after section 17:

17.1 (1) The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that

(a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

(b) it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

(d) a structured plan for the absence has been prepared.

The temporary absence may be for a period of not more than 15 days.

(2) If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.

(3) If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada.

(4) The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society.

(5) The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so.

(6) The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence.

2. Paragraph 96(z.8) of the French version of the Act is replaced by the following:

z.8) concernant les permissions de sortir avec escorte et les placements à l’extérieur — notamment les circonstances dans lesquelles le directeur ou la Commission, selon le cas, peuvent accorder une permission de sortir au titre de l’article 17;