SERVICES

Parole Hearing

What is a Parole Hearing?

A parole hearing allows the Parole Board of Canada to assess the potential risk an offender may pose to public safety if released on parole. The existence of some risk does not automatically bar an offender from parole. Instead, the focus is on whether this risk can be effectively managed within the community.

What Happens at a Parole Hearing?

Parole hearings differ from traditional criminal justice proceedings, as they do not involve a judge. Instead, the offender appears before members of the Parole Board of Canada. Additional attendees may include:

  • The offender's legal counsel or a supportive individual, such as a family member
  • The victim and their family, if they choose to attend
  • An individual approved by the Parole Board of Canada

The hearings are typically informal, with a conversational format. Board members ask personal questions of the offender and discuss their conduct and progress with their parole officer. If the victim has prepared a Victim Impact Statement, it is also presented at the hearing.

Parole Eligibility

Parole eligibility is based on specific criteria:

  • Standard Sentences: Offenders are eligible for parole after serving one-third of their sentence and become eligible for statutory release after two-thirds.
  • Life Sentences:
    • First-degree murder: Offender must serve 25 years before parole eligibility.
    • Second-degree murder: Parole eligibility is set by the judge, usually between 10 and 25 years.
    • Life without a minimum ineligibility period: The individual can apply for parole after 7 years.

Pre-sentence custody credits reduce the remaining sentence, affecting parole eligibility calculations. For example, an individual sentenced to 4 years with 1.5 years credited would have parole eligibility based on the remaining 2.5 years.

Certain offenders may also qualify for work release, day parole, or unescorted temporary absences, while parole-by-exception may be granted under special circumstances.

Other Forms of Conditional Release

Beyond full parole, individuals may apply for two additional types of conditional release at a parole hearing:

1. Temporary Absence

Temporary absence allows the individual to temporarily leave the institution for approved reasons, such as community service, family visits, or medical needs. Temporary absences may be either escorted or unescorted.

  • Escorted Temporary Absence: Available throughout the sentence
  • Unescorted Temporary Absence: Eligibility varies by sentence length:
    • Sentences over 3 years: Eligible after serving one-sixth of the sentence
    • Sentences of 2-3 years: Eligible after 6 months
    • Life sentences: Eligible 3 years before full parole eligibility
2. Day Parole

Day parole mandates the individual’s return every night to a residential facility in the community or a halfway house. Approval for a specific address, such as a family member’s residence, can be sought from the Parole Board. The Board may also impose specific conditions during day parole, like attending counseling or maintaining employment.

Eligibility for day parole starts six months before the individual’s full parole eligibility date or six months into the sentence, whichever is greater. For life sentences, eligibility commences 3 years before the individual’s full parole eligibility date.

What is a Parole Hearing?

A parole hearing allows the Parole Board of Canada to assess the potential risk an offender may pose to public safety if released on parole. The existence of some risk does not automatically bar an offender from parole. Instead, the focus is on whether this risk can be effectively managed within the community.

What Happens at a Parole Hearing?

Parole hearings differ from traditional criminal justice proceedings, as they do not involve a judge. Instead, the offender appears before members of the Parole Board of Canada. Additional attendees may include:

  • The offender's legal counsel or a supportive individual, such as a family member
  • The victim and their family, if they choose to attend
  • An individual approved by the Parole Board of Canada

The hearings are typically informal, with a conversational format. Board members ask personal questions of the offender and discuss their conduct and progress with their parole officer. If the victim has prepared a Victim Impact Statement, it is also presented at the hearing.

Parole Eligibility

Parole eligibility is based on specific criteria:

  • Standard Sentences: Offenders are eligible for parole after serving one-third of their sentence and become eligible for statutory release after two-thirds.
  • Life Sentences:
    • First-degree murder: Offender must serve 25 years before parole eligibility.
    • Second-degree murder: Parole eligibility is set by the judge, usually between 10 and 25 years.
    • Life without a minimum ineligibility period: The individual can apply for parole after 7 years.

Pre-sentence custody credits reduce the remaining sentence, affecting parole eligibility calculations. For example, an individual sentenced to 4 years with 1.5 years credited would have parole eligibility based on the remaining 2.5 years.

Certain offenders may also qualify for work release, day parole, or unescorted temporary absences, while parole-by-exception may be granted under special circumstances.

Other Forms of Conditional Release

Beyond full parole, individuals may apply for two additional types of conditional release at a parole hearing:

1. Temporary Absence

Temporary absence allows the individual to temporarily leave the institution for approved reasons, such as community service, family visits, or medical needs. Temporary absences may be either escorted or unescorted.

  • Escorted Temporary Absence: Available throughout the sentence
  • Unescorted Temporary Absence: Eligibility varies by sentence length:
    • Sentences over 3 years: Eligible after serving one-sixth of the sentence
    • Sentences of 2-3 years: Eligible after 6 months
    • Life sentences: Eligible 3 years before full parole eligibility
2. Day Parole

Day parole mandates the individual’s return every night to a residential facility in the community or a halfway house. Approval for a specific address, such as a family member’s residence, can be sought from the Parole Board. The Board may also impose specific conditions during day parole, like attending counseling or maintaining employment.

Eligibility for day parole starts six months before the individual’s full parole eligibility date or six months into the sentence, whichever is greater. For life sentences, eligibility commences 3 years before the individual’s full parole eligibility date.

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