The Correctional System

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Law 12Sentencing and the Correctional SystemMs. Ripley

THE CORRECTIONAL SYSTEM

Judges do not send offenders to particular prisons or penitentiaries. The federal and provincial corrections services employ classification officers who are responsible for determining which facility is appropriate for a particular offender.

For sentences of less than two years, provincial corrections staff classify offenders. For sentences of more than two years, federal corrections staff classify offenders. Classification officers generally first consider how great the risk is that the offender will escape and the risk of harm to the offender or others. For example, offenders convicted of violent offences are sometimes in danger from other prisoners and require protective custody Several other factors are taken into consideration when classifying offenders, including their age, character, gender, type of crime, and past criminal record, and the space available in the facilities.

PROVINCIAL CORRECTIONAL SYSTEMS

Each of the provinces of Canada has a provincial correctional branch. The range of services provided by these branches generally include

• providing facilities and personnel to supervise prisoners sentenced to less than two years;
• supervising prisoners who are temporarily locked up while awaiting court appearances (in some provinces, this task is maintained jointly with municipal authorities);
• supervising prisoners who have been sentenced by the Court but who are awaiting the outcome of an appeal;
• supervising provincial offenders who are on probation in the community; providing facilities and supervision for offenders convicted under the Young Offenders Act.

Provincial correctional systems have a range of security levels available to imprison offenders. These range from closed-custody to open-custody facilities, and in most cases, also include community correctional facilities.

Closed custody is reserved for prisoners who are regarded as dangerous (usually based on their pattern of offences) or who are likely to attempt to escape or become a management problem to either the corrections staff or to other prisoners. Prisoners who require much psychological care or who need protection because of the nature of their offence are separated from the main prison population in protective custody. Those in protectivecustody have no contact with the general prison population.

Open custody is considered to be less secure. Generally, offenders convicted of nonviolent crimes who are not escape risks and who are not considered a danger to themselves or to others are placed in these facilities. An offender who is originally placed in closed custody may be reclassified into open custody, depending on his or her progress. Open custody facilities are often semi-isolated forest camps or farms where offenders can serve their sentences engaged in such work as forest management and maintenance, and fanning.

Community correctional facilities are supervised institutions near or within the offender's home community. Most prisoners in these centers are still serving their sentences and have usually been granted day parole by the parole board. Prisoners may go to work or to educational programs on a daily basis. While the atmosphere is generally more relaxed than in open or closed custody, there is a correctional officer in attendance 24 hours a day and inmates are required to live at the centre. The centers encourage prisoners to become involved in programs that upgrade their skills and to adopt lifestyles less likely to bring them into conflict with the law.

THE FEDERAL CORRECTIONAL SYSTEM

Adult offenders who are sentenced to more than two years' imprisonment generally serve their sentences in federal institutions. Correctional Service of Canada is the national organization responsible for supervising and imprisoning these offenders. The offender is first sent to a general reception facility where a classification officer assesses which security level and educational and therapy programs are most suitable. When an offender has been assessed, he or she may be sent to any Canadian facility. This means that an offender may be sent thousands of kilometers away from his or her family, friends, and community.

R- v. Luxton (1990), 58 C.G.C. (3d) 449 (S.C.C.)

The defence counsel appealed a 25-year sentence for first-degree murder on the basis that a minimum of 25 years' imprisonment before being eligible for parole constituted cruel and unusual punishment as defined by section 12 of the Canadian Charter of Rights and Freedoms. Section 12 reads

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

The Supreme Court of Canada denied the appeal, stating

This is a crime that carries with it the most serious level of moral blameworthiness, namely, subjective foresight of death. The penalty is severe and deservedly so. The minimum 25 years to be served before eligibility for parole reflects society's condemnation of a person who has exploited a position of power and dominance to the gravest extent possible by murdering the person that he or she is forcibly confining. The punishment is not excessive and dearly does not outrage our standards of decency.

1. What goals of sentencing are served by imposing a 25-year minimum sentence?

2. In your opinion, should it be the decision of Parliament or the Supreme Court of Canada to change the length of a life sentence? Support your answer.

Federal institutions are classified as maximum, medium, or minimum security. Maximum-security institutions are intended to segregate the most dangerous offenders from other, less dangerous federal inmates. These facilities typically are extremely secure structures with high walls, razor-wire fences, bars on doors and windows, and armed guards. Newer facilities have electronic monitoring within and outside the walls of the prison to prevent escapes.

Medium-security institutions have fewer physical barriers and armed guards. Inmates have more opportunities for community involvement, usually under supervision. An inmate convicted of a nonviolent crime or one who proves over a lengthy time period that he or she can stay trouble-free in a maximum-security facility may be transferred to a medium-security facility on the recommendation of corrections staff.

Minimum-security institutions generally have no external barriers like fences or walls. The newest minimum-security facilities are organized as housing units, each with one unarmed guard and several inmates. The purpose of these units is to create an atmosphere that is as uninstitutional as possible. Some minimum-security facilities are farms or forestry camps.

Several services are provided to inmates of federal institutions, including health care, education, employment, counseling, and community programs. Some specific programs that are generally provided include educational upgrading, university and vocational instruction, and employment programs where prisoners work with members of the community, such as people with mental disabilities or elderly people. It is important to note that the punishment of prison is the offender's loss of freedom. The main goal of imprisonment is to rehabilitate the individuals who are sent to correctional facilities. Attempts are made to focus on the therapy or educational program that will help the inmate to be law-abiding when she or he is reintroduced to society.

When an inmate is nearing the end of a prison term, the federal corrections branch is responsible for assisting her or his re-entry into society To help offenders make the transition from imprisonment to freedom, gradual release programs have been introduced_ The purpose of such programs is to help offenders learn to function well in society, since they have been socialized to the prison environment.

PAROLE

Parole is a system in which a prisoner is released into the community, subject to certain conditions, to serve the remainder of his or her sentence. Most federal prisoners are eligible for full parole after serving the lesser of one-third of their sentence unless they are serving a life sentence, in which case the minimum period for eligibility is ten years, Being eligible for parole does not mean that an offender is released: it means only that an offender may apply to be paroled at that time. Some offenders who do not participate in prison therapy sessions or educational programs may be denied parole entirely, not being released until their full prison sentence is served.

Parole serves two main purposes. First, it gives the parolee the opportunity to become reintegrated with society under supervision. Second, it provides an incentive for prisoners to demonstrate good behavior and positive attitudes while serving their sentences. Parole is also much less expensive than keeping offenders in jail until the end of their sentences. Also, the negative effects of imprisonment on the offender's family can be lessened if the prison term is shorter.

Statutory release is a supervised parole that occurs after an offender has served two thirds of his or her sentence. Most federal prisoners are entitled to be released from the penitentiary and serve the last third of their sentence in the community. The exception to this statutory release program occurs where there are reasonable grounds to believe that an offender presents a serious risk to the community. The emphasis for statutory release is on protecting the public by reintegrating the offender under supervision. This supervised gradual re-entry can be a very effective method of both protecting the public and helping the inmate re-learn social behavior.

Accelerated parole is possible for some offenders if they are serving their first sentence, except where an offender has been convicted of a crime involving violence_

The Corrections and Conditional Release Act of 1992 changed the direction of the release system for offenders in Canada. For example, the Act requires that public safety be the most important consideration in all decisions on treating and releasing inmates. Violent offenders and serious drug offenders may be forced to spend longer periods of time in prison because judges can now delay their eligibility for full parole in the interests of public safety. Some offenders, including serious drug offenders and those who have committed sex offences against children, may be kept in prison for their entire sentences if they are believed to be likely to commit another crime causing serious harm.

The National Parole Board reviews the files of offenders who are serving sentences of over two years, while provincial parole boards review the files of offenders who are serving sentences of less than two years. If a parole board believes the offender will not commit a violent offence, she or he is released. Fewer than 40 percent of federal prisoners are granted parole when they first become eligible.

As well as the power to grant, terminate, or revoke day parole and full parole for inmates under federal jurisdiction, the National Parole Board is responsible for granting unescorted temporary absences. Victims of crimes have access to parole board hearings at the discretion of the board and will be informed about an offender's parole or statutory release status.

Parole boards are made up of citizens who are appointed by Cabinet on the recommendation of the Solicitor General. They must have at least a high school education, and 50 percent or more of the members must have a graduate or postgraduate education in law, social science, or psychology. Preference is given to people who have had experience in social service programs, such as the Red Cross. Some of the members must have experience with the criminal justice system.

The members must be able to analyze cases, explain their decisions to a diverse audience, and understand the complexity of social and criminal justice. They must have full security clearance, unquestionable integrity, basic kindness and respect for individuals, physical stamina, a calm temperament, and a good sense of humor.

Only three provinces have their own provincial parole boards: British Columbia, Quebec, and Ontario. These provincial boards hear parole applications and supervise paroles for offenders serving sentences of less than two years. The National Parole Board administers the parole of offenders in all other provinces and territories.

PARDONS

Under the Criminal Records Act, an application may be made for a pardon two years after the last summary conviction, or five years after the last indictable offence conviction. Application forms are available from the National Parole Board and from some court registry offices. Applicants for pardon are investigated by the Parole Board to determine whether they have committed criminal offences or have not been "of good character" since completing the sentence for the crime they committed.

The records of a pardoned person are kept separate from the lists of criminal records of other convicted people, and they

cannot be accessed by police or others without the consent of the Solicitor General. If the pardoned person reoffends, however, the record is returned to the active list. The benefit of a pardon is that it recognizes that the offender has completed his or her sentence, been rehabilitated, and should be acknowledged as a lawful person by others in society.

Even with a pardon, people with criminal records are required to acknowledge their criminal past if required to do so on an application for employment, travel, or immigration. Some foreign countries may not allow convicted persons to cross their borders even if they have been pardoned. Some types of employment require that employees have no record of offences associated with aspects of work they may be called upon to do.

Companies that require employees to handle valuables usually require them to be bonded. When employees are bonded, their employers can be insured for losses that occur while the employees are working. Bonding companies set the terms and conditions for the employees that they bond, or insure. A bonding company may decide that a person who has not been pardoned is a good candidate for bonding even if she or he has a criminal record, provided that a long period of time has elapsed since the applicant last committed an offence. When an employee has been pardoned, her or his record of criminal activity is closed. No potential employer may access it, so the process of getting insurance, or bonding, is easier.