British Columbia
BOARD MEMBER PROFILES

THE BOARD

The Board is an independent body of community members who are appointed by Order-in-Council to make parole decisions on Provincial offenders serving a sentence in a provincial institution. Board Members come from all walks of life and from a variety of cultural and ethnic backgrounds and are trained for their task. Board Members are recruited on their merits and must have demonstrated:

* a true sense of responsibility and interest in community affairs proven through their activities and participation,
* a level of ability, experience and objectivity that is consistent with the task of independent decision making,
* an understanding of the serious impact of their decisions on both the parole applicant, the victim and the community, and
* a general knowledge of the justice process.

Each member of the Board, other than the Chair, holds office for a term of four years and is generally not eligible for reappointment to the Board.

MAJOR RESPONSIBILITIES

The major responsibility of the BC Board of Parole is to determine whether or not to grant parole in accordance with legislated criteria. The Board also has the responsibility to:

* set conditions for parole,
* authorize suspensions if a violation of parole occurs, and
* maintain a close working relationship with the BC Corrections Branch who provide case preparation for hearings, case management and community supervision.

Michaela Ally

*Student Representative for Practical Nurse Programs in Central and Northern Vancouver Island
*Past Director-College of Licensed Practical Nurses of British Columbia (Lower Mainland, Central Vancouver Island)
*Past Chair of the Inquiry Committee - CLPNBC

Verna Blinn

*Kamloops Business Owner
*Former Manager, Federal Halfway House
*Past Director of Alcohol & Drug Recovery Centre

Mary Bruce

* Lawyer and Teacher
* Retired Manager, CCRA Tax Appeals
* Panel Chair and Member, BC Employment & Assistance Appeals Tribunal
* Director of Church Children's Ministries & active in charitable organizations

John (Bud) Burbee

* Retired Elementary School Principal
* Currently Educational Advisor for the Cougars hockey players in the WHL
* Past Chair of the Prince George Golf & Curling Club, sits on the Board for a local professional theatre company
* Proprietor of a Bed & Breakfast in Prince George

Don Campbell

* Member, Kamloops Daybreak Rotary Club
* Retired Firefighter, serving as Fire Chief for 10 years
* Developed an emergency plan for the City of Kamloops

Fae Chato-Manchuk (Vice-Chair)

* Joined the board in June 2000, appointed Vice-Chair June 2004
* Registered Nurse
* Background as a therapist for violent offenders, sex offenders and female offenders
* Active in restorative justice, community women's groups and church work

Ernie Elliott

*Extensive experience working with the Federal Government/First Nations Communities, Vancouver Island/Cariboo, as Advisor to Chiefs and Councils. Former Chief and Council Member of Cowichan Tribes
* Facilitated/organized cross cultural workshop for RCMP and working with other members of the justice system regarding reserve issues
* Former Banker, Logger, Electrician, Gas Station Manager

Elaine Jeffery

* Life Skills Coach and Vocational Counselor in provincial institutions
* Provincial/Federal experience in administration, criminal justice, youth/child case management
* Degree in Social Work

Shaneen LeBlanc

* Registered Rehabilitation Professional (RRP)
* Private Practitioner – Vocational Rehabilitation
* Part-time Faculty – Business Technologies – College of New Caledonia
* Labour/Health/Community Research Collaborator/Assistant

Rubiana Malla

* Criminology Student
* Advocate for Persons with Disabilities
* Management and Public Relations background

Allan Mason

*University Professor
*Active in Aboriginal Justice Issues
*Active in Aboriginal Spiritual Ceremonies

Margit Nance

* M.A. (German Literature), University of California, Davis
* Producer, TV movies and documentaries (Margit Nance Communications Inc)
* Past Director, Public Policy Program, Continuing Studies, Simon Fraser University
* YWCA Woman of Distinction in Communications and Public Affairs, 1996

Richard Nelson

* 10 years Royal Canadian Air Force
* Retired Port Moody Police Inspector
* Former Counsellor, City of Port Moody
* Chair, Tri-Cities St. John Ambulance Branch, member numerous Community Boards

Tracey Thompson (Chair)

* Joined the Board in 1999, appointed Chair in 2002
* Former RCMP Officer specialized in crime Prevention
* Background in emergency services, education and media/public relations
* Masters of Education - Administrative Leadership - SFU

Guy Verreault

* Former Journalist - English & French
* Radio and TV talk show host
* Background in Federal Corrections - Criminal Justice System
* Author of Mystery series

Ronald Watson

* Semi-retired lawyer in Kamloops
* Former Alderman, City of Kamloops
* Past Director, Western Canada Theatre Company and Kamloops YM-YWCA

Ken A. Wood

* Currently Director of WesGroup Property Management
* Produces & hosts a current affairs program
* Served on city boards and committees, past Director Vancouver Addiction Recovery Centre
* General Manager of the Intermediate Adanacs (lacrosse) and coaches minor lacrosse

Elizabeth Yung

* B.A. (Music) and M.A. (East Asian Studies)
* Retired business woman, founded and ran pulp sales agency
* Interest in China-related activities
* Served as committee and board member of various non-profit community organizations


With Permission (http://www.gov.bc.ca/bvprd/bc/content.do?brwId=@20IJ9%7C0YQtuW&navId=NAV_ID_province)

BRITISH COLUMBIA BOARD OF PAROLE
POLICY AND PROCEDURES MANUAL


Table of Contents

CHAPTER 1 - GENERAL INFORMATION ON THE BOARD
CHAPTER 2 - PURPOSE AND PRINCIPLES OF PAROLE
CHAPTER 3 - PAROLE ELIGIBILITY
CHAPTER 4 - APPLICATION FOR PAROLE
CHAPTER 5 - PAROLE AND CORRECTIONAL CENTRE CASE MANAGEMENT
CHAPTER 6 - CASE PREPARATION
CHAPTER 7 - SCHEDULING OF HEARINGS
CHAPTER 8 - TRANSFERS
CHAPTER 9 - DEPORTATION
CHAPTER 10 - ELECTRONIC MONITORING AS A CONDITION
CHAPTER 11 - DAY PAROLE
CHAPTER 12 - THE HEARING
CHAPTER 13 - BOARD DECISIONS
CHAPTER 14 - RELEASE PROCEDURES
CHAPTER 15 - PAROLE CERTIFICATE
CHAPTER 16 - APPEAL OF DECISIONS
CHAPTER 17 - COMMUNITY SUPERVISION
CHAPTER 18 - SUSPENSION, CANCELLATION OF SUSPENSION AND REVOCATION
CHAPTER 19 - SENSATIONAL INCIDENTS
CHAPTER 20 - REACCREDITING REMISSION
CHAPTER 21 - AFTER HOURS PAGER RESPONSE
CHAPTER 22 - URINALYSIS



CHAPTER 1

GENERAL INFORMATION ON THE BOARD

1.1 THE BOARD

BOARD-IN-SESSION MEANS THE BOARD CONSTITUTED IN ITS DECISION-MAKING CAPACITY REGARDING A PAROLE ISSUE.

THE BOARD OFFICE MEANS THE BOARD HEADQUARTERS AND ITS STAFF.

1.1.1 Authority

The Lieutenant-Governor of British Columbia may appoint Members to the Board by Order in Council, according to Section 112 of the Corrections and Conditional Release Act.

1.1.2 Composition

• The Board consists of a Chair and a general membership of citizens from communities throughout British Columbia.
• Membership is established on a regional basis consistent with the organization of the provincial justice system.
• Members are appointed in sufficient number to fill the demand for hearings.
• The Chair is appointed full-time.

1.1.3 Jurisdiction

The Board has jurisdiction, within the parameters of the Corrections and Conditional Release Act and the Parole Act of British Columbia, to:

• Grant or deny day and full parole
• Suspend parole
• Cancel suspension warrants
• Terminate parole
• Revoke parole
• Change conditions of parole

1.1.4 Chair

The Chair, as Chief Executive Officer of the Board, is accountable to the Solicitor General of British Columbia for the policy and operation of the Board. The Chair may sit as a member on parole hearings. The Chair is responsible for policy development, recruitment of Board Members, Board Staff and public relations. The Chair also participates in negotiations within government and with inter-provincial and federal-provincial policy and leadership committees.

1.1.5 Vice-Chair

The Vice Chair is a member of the Board. The Vice Chair is appointed by the Lieutenant Governor in Council.



1.1.6 Board Members

Board Members reflect the interest and well being of the community, balanced with the needs of parole applicants, in their decision making.

• Emphasis is placed on selecting candidates who have demonstrated responsibility and interest in community affairs and concerns.
• Candidates will require a level of ability, experience and objectivity that is consistent with the task of independent decision making.
• Candidates undergo a routine security check.
• Candidates must be able to demonstrate an understanding of the serious impact that parole decisions may have on inmates and communities.
• Board Members are expected to participate in orientation and ongoing development.

1.1.7 Recruitment

The Purpose of recruiting candidates for a limited term is to reinforce the philosophy of citizen involvement.

1.1.8 Search for Candidates

Candidates are selected from a merit based process involving community outreach through internet information, media advertising and community sources. Anyone meeting the qualifications for a Board Member is welcome to apply.

1.1.9 Nominations

Candidates are short listed by the Chair. Reference and security checks are conducted. The Chair submits a short list of nominations to the Solicitor General.

1.1.10 Tenure

Tenure is four years. A Member of the Board is not eligible for reappointment to the Board.

1.1.11 Appointment

The Solicitor General recommends appointments of Board Members to Cabinet. The Lieutenant-Governor in Council appoints members to the Board. A person is not eligible to become a member of the Board or continue as a member of the Board if that person holds any other office by appointment of the Lieutenant-Governor-in-Council.



1.1.12 Confidentiality

Members are bound not to reveal or give any person any case related information that comes to them by way of their duty.

1.2 QUORUMS

The Parole Act Regulation (BC) establishes the quorums of the Board for decision making.

1.2.1 One-Member Quorum

One member forms a quorum of the Board-in-Session if the applicant waives attendance at a hearing for:

(a) Review without hearing to decide changes of conditions to day parole or full parole where the decision is to grant the requested change, and

(b) Review of an initial application for day parole or full parole, where the decision is to grant parole or to refer the application to a two-member panel

1.2.2 Two-Member Quorum

Two members form a quorum of the Board-in-Session for all reviews and hearings not described in 1.2.1 and 1.2.3

1.2.3 Three-Member Quorum

Three members form a quorum of the Board-in-Session for a rescheduled hearing arising from a split decision

1.3 AD HOC COMMITTEES

As specific needs arise the Chair will mandate committees to work on identified tasks. The Chair will assign task leadership to a specific Board Member or staff person and appoint Members to the committee.

Examples of possible tasks are:


• General or specific policy development
• Project planning and development

Members are encouraged to bring ideas or proposed tasks to the Chair for consideration.

1.4 ORIENTATION AND DEVELOPMENT OF MEMBERS

1.4.1 Orientation and Training

The Board will provide an initial orientation to all newly appointed Members consistent with the job description. This training will generally include distance learning followed by an intensive workshop, and will reflect the following components:

• Overview of the justice system
• Parole process, policy and procedure
• Assessing risk
• Administrative law

1.4.2 Membership Education and Development

Beside the initial orientation, the Board will provide general membership education and development sessions at least twice a year. The purpose is to:

• Review current practice
• Update the membership on new parole issues
• Exchange information with other components
of the justice system
• Provide ongoing orientation and development

Special sessions are held in response to specific needs.

1.5 CODE OF CONDUCT

All Board Members are required to read and sign the “Code of Conduct for Members of the Board of Parole for the Province of British Columbia”

1.6 TERMINATION OF APPOINTMENT

1.6.1 Resignation

Notice of intention to resign must be directed to the Chair.

When a Member gives notice of intent to resign, the Chair will consult with the Member.




1.6.2 Early Termination

When the actions of a Board Member are inconsistent with legislation and/or the practice, policy and procedure of the Board, the Chair will consult with the Board Member and decide upon that Member’s future responsibilities or termination.

1.6.3 Immediate Termination

Board Members knowingly under investigation by police or charged with an offence must immediately notify the Chair.

Board Members that are convicted of a criminal offence, engage in deceitful or fraudulent behaviour or are found to have active criminal associations will be immediately terminated.

1.7 LEGISLATIVE REFERENCES

The Board operates within the legal framework of the Corrections and Conditional Release Act and the Parole Act of British Columbia.

1.7.1 Legal Mandate

The Corrections and Conditional Release Act authorizes provinces to establish parole boards. This Act empowers provincial parole Boards to release any inmates incarcerated in provincial correctional centers other than:

• Those serving life imprisonment as a minimum punishment
• Those whose sentence has been commuted to life imprisonment
• Those serving an indeterminate detention

1.7.2 Parole Act of British Columbia

The Parole Act of British Columbia and the Parole Act Regulation provide a legal basis for the operation and independence of the Board. This Act provides the authority to deal with provincial statute offenders. It generally prescribes its operation within the context of the provisions of the Corrections and Conditional Release Act.

1.7.3 Other Related Legislation

• Prisons and Reformatories Act
• Correction Act (BC)
• Victims of Crime Act (BC)
• Freedom of Information and Protection of Privacy Act (BC)

1.8 OPERATIONS AND ADMINISTRATION OF THE BOARD OFFICE

1.8.1 Board Staff: Appointment and Training

Board staff are appointed pursuant to the Public Service Act. The Chair is responsible for the training and development of Board staff within the operating guidelines of the Public Service Employee Relations Commission. Responsibility for training may be delegated.

1.8.2 Major Staff Functions

Under the direction of the Chair, the office staff provide administrative and support services in the following areas:

• Budget administration
• Program coordination, including scheduling of hearings and case coordination at the provincial level
• Registry and records maintenance including document quality control
• Policy analysis
• Program evaluation and research
• Statistical analysis of trends and performance
• Liaison with related agencies including corrections, police, courts, judiciary as well as private and not for profit agencies.

Liaison with the Ministry's Executive Committee for administrative purposes is provided by the Assistant Deputy Minister, Corrections, who is a member of that committee.

1.8.3 Media Inquiries

All media inquiries are directed to the Chair, or designate by staff and Board Members.

1.9 ADMINISTRATIVE AGREEMENTS

1.9.1 Purpose of Agreements

To achieve statutory requirements, the Board has entered into several administrative agreements for the provision of services. These allow the Board's program to operate effectively and efficiently to establish a mutually beneficial relationship with other agencies.

1.9.2 Agreements between the Board and Other Agencies

RCMP Crime Index Section (CPIC)

Through informal agreement, the Royal Canadian Mounted Police, Crime Index Section, provides to the Board:

• Criminal histories
• Current information with respect to outstanding charges on all applicants considered for parole

The Board Office provides information concerning all parole grants and the status of parolees, to be entered on the Canadian Police Information Center system (CPIC) for the following purposes:

• To notify law enforcement agencies regarding offenders being released to the community on parole
• To notify law enforcement agencies of requests to apprehend parole violators
• To improve the monitoring element of parole supervision, concerning possible further criminal involvement of parolees

British Columbia Corrections Branch

The Board has an Administrative Agreement with the British Columbia Corrections Branch. The Corrections Branch provides the following services.

• Collection of information concerning the inmate and the inmate's application, including the preparation and collation of this material
• Presentation of information for the parole hearing
• Logistical and technical support
• Investigation and assessments of parole applications
• Supervision of inmates on parole

These services are based on minimum standards set by the Corrections Branch in consultation with the Board. (Appendix 1)

Federal-Provincial Agreement on the Transfer of Parolees in Canada

The Board has an Agreement with the National Parole Board and the parole Boards of Ontario and Quebec for the transfer of parolees within Canada. The Agreement is to help a planned transfer at parole release or a transfer during parole. It also covers the transfer resulting from a parolee moving to another jurisdiction without permission. This Agreement is based on Section 114 of the Corrections and Conditional Release Act. (Appendix 2)

1.10 REGISTRY




1.10.1 Registry Files

Registry files are managed according to the Administrative and Operational Records Classification System of files for the BC Board of Parole.

1.10.2.1 Decision Registry

The decisions of the BC Board of Parole are kept alphabetically and not destroyed.

1.11 RESEARCH AND PROGRAM EVALUATION

1.11.1 Commitment

The Board is committed to an ongoing process of evaluating its efficiency and effectiveness in meeting its objectives. To this end data regarding the parole of inmates will be collected and reported to Members of the Board regularly. From time to time the Board may contract with outside agencies to conduct research into, or to evaluate, specific aspects of the Board's operation.

1.11.2 Responsibility

Evaluation and research activities are management responsibilities, and will be directed from the Board Office. Board Members will be informed of such activities where appropriate to facilitate their cooperation, input and advice.

1.11.3 Confidentiality

Any research studies initiated by the Board will respect the confidentiality of individual parolees and Board Members.

1.11.4 Release of Information

Any publications regarding research or the policies and practices of the Board must have prior approval of the Chair before release.



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CHAPTER 2

PURPOSE AND PRINCIPLES OF PAROLE

2.1 DEFINITION, PURPOSE AND PRINCIPLES OF PAROLE

2.1.1 Definition of Parole

The authority granted to an inmate to serve a portion of the inmate’s sentence in the community, subject to any terms or conditions specified by the Board. (BC Parole Act)

2.1.2 Purpose of Parole

The purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens. (CCRA)

2.1.3 Philosophy

The Board recognizes and respects the diversity of parole applicants. It is committed to ensuring that decision making is fair, equitable and effective.

In its examination of cases, the Board considers the role of ethno-cultural factors on attitudes, language, values, customs, sanctions, and support of a particular cultural community. It assesses their influence on the risk of re-offending, the reintegration potential of the parole applicant, and the management of risk on release.

Inmates will ultimately return to the community. To reduce risk, the Board will use conditions with consideration for the principle of least restrictive intervention.

2.1.4 Criteria for Parole

Parole may be granted to an offender if, in the Board’s opinion

• the offender will not, by re-offending, present an undue risk to society before the expiration according to law of the sentence the offender is serving
• the release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen. (CCRA)



2.1.5 Principles Guiding Board Members

Principles that guide Board members in achieving the purpose of conditional release include, but are not limited to, the following principles.

• That the protection of society be the paramount consideration in the determination of any case,
• That parole boards take into consideration all available information that is relevant to a case,
• That parole boards enhance their effectiveness and openness through the timely exchange of relevant information with other components of the criminal justice system and through communication of their policies and programs to offenders, victims and the general public;
• That parole boards make the least restrictive determination consistent with the protection of society;
• That parole boards adopt and be guided by appropriate policies and that their members be provided with the training necessary to implement those policies; and
• That offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. (CCRA)

2.2 OPERATIONAL OBJECTIVES OF THE BRITISH COLUMBIA BOARD OF PAROLE

• To develop policy that promotes a consistent approach to the offender
• To render decisions on conditional release, guided by the principles of fairness and justice
• To establish and maintain administrative policies that encourage discretion and judgment in decision making
• To exchange relevant information regularly with other components of the criminal justice system ensuring openness and effectiveness
• To provide education and development opportunities for members to ensure quality in the hearing and decision process.






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CHAPTER 3

PAROLE ELIGIBILITY

3.1 RIGHT TO APPLY

Any inmate serving a sentence over which the British Columbia Board of Parole has jurisdiction shall have the right to apply for parole. The provisions are in the Corrections and Conditional Release Act.

Any inmate released on parole who remains in the community on conditional release continues to serve the sentence of imprisonment until its expiration at warrant expiry date according to law.

3.2 FEDERAL REGULATIONS GOVERNING PROVINCIAL PAROLE BOARDS

Part II of the Corrections and Conditional Release Act contains the provisions for the Board's policy on parole eligibility.

3.3 ELIGIBILITY DATES

Eligibility dates are calculated by the Corrections Branch for sentenced offenders.

3.3.1 Day Parole

The portion of imprisonment before a grant of day parole is one-sixth of the sentence.

3.3.2 Full Parole

The portion of imprisonment before a grant of full parole is one-third of the sentence.

3.4 MULTIPLE OR ADDITIONAL SENTENCES AND THEIR AFFECT ON PAROLE ELIGIBILITY AND SENTENCE CALCULATION (CORRECTIONS AND CONDITIONAL RELEASE ACT S. 135 AND 139)

Under Review

• When an inmate is serving a sentence and receives an additional term, the sentences shall be considered as one. The term will start on the earliest day of sentence and will end on the last expiration date of those two terms.

• When a parolee serving a provincial sentence receives an additional concurrent or consecutive sentence, parole is not automatically revoked. The Board must decide the case on the merits. The Corrections Branch will notify the board that the parolee has received a new sentence or has been readmitted to custody. A copy of the new Adult Custody Report will be faxed to the board by the parole coordinator.

• When the additional sentence is concurrent and the new parole eligibility date is in the future the parole becomes inoperative. The parolee is returned to custody. If the Board does not terminate or revoke parole the inmate is returned to parole on the new parole eligibility date.

• When the additional sentence is consecutive the parolee is returned to custody. He/she will serve one-third of that sentence. If the Board does not terminate or revoke the parole, the inmate is returned to parole on the parole eligibility date of the new sentence. The consecutive sentence begins on the date noted on the warrant.

3.5 REAPPLICATION FOR PAROLE

3.5.1 Waiting Period When Day Parole is Denied

When day parole is not granted, the waiting period for reapplication is two months. This does not prohibit an immediate application for full parole.

3.5.2 Waiting Period When Full Parole is Denied

When full parole is not granted, the waiting period before reapplication is two months.

3.5.3 Exception: Day Parole to Full Parole

Where an inmate is on day parole, the waiting period does not apply for applications for full parole.

3.5.4 Waiving the Waiting Period

When the Board denies or revokes a parole it can also waive the waiting period. This should be an unusual action and the Board-in-Session needs to state the reason on the decision form.

At the time of the hearing, an inmate can apply to the Board to have the waiting period waived.





3.5.5 Reapplication Subject to Regular Process

Inmates may reapply on the usual application form. It will be processed as a new application, subjected to normal case preparation, investigation and scheduling.

3.6 ELIGIBILITY IN SPECIAL CASES AND PAROLE BY EXCEPTION

3.6.1 Criteria

The Board may grant full parole at any time to an inmate if one of the criteria described in CCRA s. 121 (1) is satisfied.

(a) The inmate is terminally ill

(b) The inmate's physical or mental health will suffer serious damage if they continue in confinement

(c) Continued confinement is an excessive hardship for the inmate that was not foreseeable at the time of sentencing

(d) The inmate is the subject of an order to be surrendered under the Extradition Act or the Fugitive Offenders Act, where the order requires that the inmate be detained until surrendered

3.6.2 Process

The hearing process consists of two steps.

(a) Determine if the applicant qualifies according to the criteria of 3.6.1. If the applicant does not qualify, the hearing concludes.

(b) If the applicant meets one criterion, a regular full parole hearing proceeds considering the normal releasing criteria. (Chapter 12)

3.6.3 Decision

In writing its decision, Part IV (Reasons and Analysis), the Board in Session first records its decision on whether the application qualifies as an exception.





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CHAPTER 4

APPLICATION FOR PAROLE

4.1 INMATE APPLICATION

To reinforce offender responsibility, the application must outline the release plan to which the inmate is committed, if released on parole.

4.2 ASSISTANCE TO INMATE

See Administrative Agreement between the Corrections Branch and the BC Board of Parole, Section 3.1 (a, b and c) and Section 4.1 (a) (Appendix 1).

Offenders prepare their own conditional release plan but correctional centre staff should, through the case management process, assist offenders in completing an application for conditional release.


CHAPTER 5

PAROLE AND CORRECTIONAL CENTER CASE MANAGEMENT

5.1 INTERRELATIONSHIP OF BRITISH COLUMBIA
BOARD OF PAROLE AND CORRECTIONS BRANCH

There is a clear distinction between the Board and Corrections Branch. Each is committed to:

• Support a cooperative and coordinated approach to sentence planning, case management and program use
• Ensure the independent administration of Board and Corrections Branch.

The Board and the Branch have established an Administrative Agreement that details the responsibilities of each agency in the parole process.


CHAPTER 6

CASE PREPARATION

6.1 RESPONSIBILITY

Case preparation is the responsibility of Corrections Branch staff. (Administrative Agreement Between the British Columbia Board of Parole and the Corrections Branch, Appendix 1)

6.2 THE PAROLE PACKAGE

6.2.1 Base Package

Each parole package will contain the following information:

1. Application
2. Adult Custody Report
3. Current CPIC record/FPS history
4. CORNET history
5. Outstanding charges
6. Classification and Reclassification Reports
7. Institutional Report
8. Community Assessment; including TSR where required
9. Pre-Sentence Report, where available
10. Psychological/Psychiatric Reports, if and when available
11. Completed (community, spousal assault, sex offender) Risk/Need Assessment
12. Victim submissions

High profile offender/offence and high risk offender is determined by a “high” rating in any one category as determined by CRNA, SORA and SARA. These files will contain the following, in addition to the above:

1. Transcript of Judge’s reasons for sentence, and
2. Report to Crown Counsel
3. Recent federal parole and corrections information

Other reports will be obtained and included as required such as the offender’s driving record when the offender is serving a sentence for a motor vehicle offence.

6.3 COORDINATION OF INFORMATION FOR HEARING

The Conditional Release Coordinator will ensure that the information for the hearing is complete and available for the Board in Session on the day of the hearing.




6.4 DISCLOSURE OF INFORMATION RELATED TO AN INMATE

The Board endorses full disclosure of case information with the exceptions and procedural guidelines outlined below.

6.4.1 Information to be Disclosed

Documents that meet the criteria of 6.4.2 will be marked confidential and are not to be disclosed to the inmate.

Disclosure of the parole package will occur at least two days before the hearing. Where the center receives a document after normal disclosure, the center will disclose this document to the applicant as soon as possible.

Where the Board in Session is aware that disclosure did not occur according to law, the Board Members must satisfy themselves that the applicant is aware of the policy regarding the time frame for disclosure and is prepared to proceed.

The Conditional Release Coordinator will disclose the parole file to the applicant and the Board in Session will provide the gist of confidential information to the applicant on the day of the hearing.

6.4.2 Exceptions to Disclosure

Exceptions to full disclosure are on the principles in Section 141 of the Corrections and Conditional Release Act and the Freedom of Information and Protection of Privacy Act (BC). The following categories of information will be exempted from disclosure.

(a) Information collected in confidence, either expressed or implied, or information that would identify the source of confidential information if it meets the criteria listed below

(b) Information, the disclosure of which could

• Affect the safety of any person
• Threaten the security or good order of an institution
• Negatively affect the inmate's prison or parole program
• Affect an active police investigation.

6.4.3 Disclosing the Gist of Confidential Information

Where information has been withheld according to the criteria in 6.4.2, the Board-in-Session must give the inmate the gist of the information while maintaining the confidentiality of the content and sources. The gist comprises significant highlights of the content. Disclosure must balance the rights of the inmate to information and the protection and safety of the source.


6.4.4 Community Assessment

The Community Assessment must conform to the standard format for Community Assessments.
Where the Community Assessment is not adequate for a reasonable determination of risk, Board Members are to reschedule the hearing and forward the assessment to the Board Office.





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CHAPTER 7

SCHEDULING OF HEARINGS

7.1 HEARINGS AT CORRECTIONAL CENTERS

The Board is committed to a timely and effective process, and will schedule sufficient Board Members at all correctional centers in response to applications.

7.2 MONTHLY SCHEDULING PRIORITIES

Scheduling will be monthly, according to the Parole Act Regulations (BC) and with the following priorities.

7.2.1 First Priority

(a) Post-suspension hearings
(b) Schedule applications in the month of eligibility
(c) Adjourned post suspension hearings
(d) Applications adjourned or rescheduled from the previous hearing

7.2.2 Second Priority

(a) An inmate application received after parole eligibility
(b) Inmates previously before the Board during their present sentence

7.3 SPECIAL SITTINGS

Where specific needs exist, special sittings of the Board can occur on short notice.

7.4 SCHEDULING OF BOARD MEMBERS AT HEARINGS

7.4.1 Procedural Guidelines

The Member(s) assigned to the review, according to quorum requirements, are considered the Board-in-Session. The Chair will ensure that the Board Office assigns Board Members using the following guidelines.

(a) Members are assigned as needed in their own regions to maintain cost effectiveness.

(b) To promote independence in decision making, Board Members will be assigned on a random basis or as directed by the Chair

(c) Board Members will be required, from time to time, to conduct hearings in other regions. This will equalize the workload and provide the opportunity for Board Members to work with other Board Members and gain experience in other correctional centers.

(d) New Members with less than six months experience will normally sit with senior Members.

(d) If Members are unable to keep commitments they are to advise the Board Office staff immediately by telephone. An alternate Member will attend the hearing. After office hours, Board Members are to contact the Chair or Board Member on-call through the pager.

CHAPTER 8

TRANSFERS

8.1 RELEASES FROM AN INSTITUTION TO OTHER CANADIAN PAROLING AUTHORITIES (TRANSFER OF JURISDICTION)

Authority: Transfer of Parole Jurisdiction Agreement between the governments of Canada, Quebec, Ontario and British Columbia (1997) (see Appendix 2 – Transfer of Parole Jurisdiction Agreement)

8.1.1 Acknowledgement of Transfer

The Board-in-Session will ensure that there is a signed Acknowledgement of Transfer form on file as well as a community assessment from the receiving jurisdiction and that the parolee knows the conditions of parole in the jurisdiction to which they authorize transfer.

Note: Where a Probation Order follows the jail sentence, the inmate must arrange for transfer of the Probation Order to the other jurisdiction, pursuant to Section 733(1) of the Criminal Code. The Transfer of Parole Jurisdiction Agreement does not allow for parole transfer without transfer of the Probation Order.

8.1.2 Timing of Release

When the Board-in-Session grants parole to an area that is under the jurisdiction of another paroling authority in Canada, it will specify a release date on the Decision. This date should allow time for both the supervising correctional service and the parole board in the receiving jurisdiction to be informed before the release occurs. It will ensure that the Board office is notified of the decision.

8.1.3 Authorization to Travel

The Conditional Release Coordinator will provide the transferring parolee a letter from the Board authorizing travel to the specified destination. A copy goes to the Board office.

8.2 TRANSFERS OF JURISDICTION WHILE ON PAROLE TO OTHER CANADIAN PAROLING AUTHORITIES

8.2.1 Requests to Transfer to Another Province

When a parolee requests transfer to another province or territory in Canada, the Parole Supervisor will forward a request for a Community Assessment to the Board Office. The Board Office will forward the request to the appropriate Board in the receiving jurisdiction.

The request for a Community Assessment should contain the personal identifying information of the applicant, offence and sentence particulars, address of the proposed residence, work/educational plans, and ongoing treatment plans.

Note: Where a Probation Order follows the jail sentence, the offender must arrange for transfer of the Probation Order to the other jurisdiction, pursuant to Section 733(1) of the Criminal Code. The Transfer of Parole Jurisdiction Agreement does not allow for parole transfer without transfer of the Probation Order.

8.2.2 Board Decision

The Board-in-Session must have signed approval from the receiving jurisdiction before the decision to transfer is made. The Board Office will consult with the receiving parole board and discuss matters of release conditions. This information will go, in writing, to the Board for decision.

8.2.3 Notification of Decision

The Board Office will notify the receiving parole board of the decision. Where transfer is granted the receiving board will accept the transfer.

8.2.4 Information to Other Paroling Authorities

The Board Office staff will inform the appropriate parole board by telephone of the decision to transfer a case and will arrange to forward the appropriate documents.

8.2.5 Authorization to Travel

The Parole Supervisor will provide the transferring parolee with a letter from the Board Office authorizing travel to the specified destination. A copy goes to the Board Office. (see Appendix 4 – Letter of Authorization to Travel)

Cross reference 17.8.3/17.8.4

8.3 TRANSFERS TO BRITISH COLUMBIA FROM AN INSTITUTION OUTSIDE B.C.

The holding institution will forward a signed request transfer for to the BC Board of Parole Office. The BC Board of Parole will forward the request to the Community Division office responsible for the area that the offender requests to be paroled to. The community assessment will be returned to the BC Board of Parole and transfer approved or rejected.

8.4 TRANSFERS TO BRITISH COLUMBIA WHILE ON PAROLE

The supervising parole authority will forward a request to transfer to the BC Board of Parole Office. The BC Board of Parole will forward the request to the Community Division office responsible for the area that the offender requests to be paroled to. The community assessment will be returned to the BC Board of Parole and transfer approved or rejected.





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CHAPTER 9

DEPORTATION

9.1 RELEASES ON PAROLE TO DESTINATION OUTSIDE CANADA (PAROLE FOR DEPORTATION)

Before a hearing can occur there must be a Community Assessment and a valid Order for Deportation on file.

Before making a decision on an application from a non-Canadian, Board Members should verify the current immigration status of the applicant through the Conditional Release Coordinator. There must be a valid Deportation Order on file.

9.1.1 Visitors

Non-Canadians who have visitor status and have been ordered deported have no right of appeal. They should not be granted parole anywhere in Canada. If an individual is granted parole for deportation, the effective date is the decision date. The certificate should have a condition requiring the offender to be escorted out of the centre and country, as and when determined by Immigration Enforcement.

9.1.2 Parole for Deportation

The Board-in-Session may grant parole at normal eligibility where there is a Deportation Order under the Immigration Act. The terms of deportation are special conditions on the parole certificate. Once outside Canada the parolee will not be subject to any formal supervision in the receiving country.

The Board-in-Session cannot grant an inmate parole to leave Canada voluntarily.

9.1.3 Eligibility in Special Cases

An inmate subject to deportation under the Extradition Act or the Fugitive Offenders Act is eligible for parole at any time.

9.1.4 Enforcement Upon Return to Canada

Anyone paroled for deportation must remain outside Canada for the duration of their parole. If the parolee returns to Canada before the end of parole, the parolee is considered to be in violation of parole and subject to suspension.

9.1.5 Documentation

The Board-in-Session will issue a Parole for Deportation Parole Certificate. The certificate is valid for 14 days. After 14 days the parole becomes inoperative but can be re-issued by way of an administrative decision if:

• The basic circumstances remain the same, and
• The applicant signs a waiver allowing for an administrative decision.


CHAPTER 10

ELECTRONIC MONITORING AS A CONDITION

10.1 DESCRIPTION OF ELECTRONIC MONITORING – BACKGROUND

Electronic Monitoring systems allow correctional authorities to monitor offender compliance with requirements to remain at approved locations during specific times.

Electronic Monitoring systems do not track or monitor the behaviour of offenders.

The Board has the authority, through its Administrative Agreement with the Corrections Branch, to impose Electronic Monitoring as a condition of parole where this condition will increase compliance of the parolee and thereby reduce risk to the public.

10.2 TECHNICAL SUITABILITY

Technical suitability means that the telephone lines and equipment in the home are compatible with the electronic monitoring equipment. The telephone and line will transmit signals from the host computer to the electronic monitoring equipment and back again when required.

10.3 EM AND PAROLE

The Board-in-Session may consider the use of electronic monitoring as a special condition of parole to enhance supervision and maintain a curfew. The Board-in-Session will therefore use electronic monitoring as a temporary measure where there is a concern about failure to comply with conditions. Safety of the public is the issue being addressed.

The Board office will set a review every 60 days unless otherwise specified by the Board-in-Session.

10.4 ELECTRONIC MONITORING AS A SPECIAL CONDITION

10.4.1 Where a Technical Suitability Report (TSR) is Available

Where the Technical Suitability Report indicates the home to be suitable for the equipment the Board will be guided by any additional comments provided. Where the Board-in-Session determines that electronic monitoring is required and the home is suitable for the equipment the Board-in-Session has the authority to impose the condition.



10.4.2 Without a Technical Suitability Report

Where the Board-in-Session determines that electronic monitoring is required to ensure public safety and the parole package does not contain a TSR, parole may be granted subject to a positive Technical Suitability Report conducted on the proposed residence. The parole remains in effect for 14 days and then becomes inoperative unless extended.

10.4.3 Imposing the Condition

When imposing EM as a condition the Board-in-Session will give direction to the Parole Supervisor through the hearing decision as to the frequency of contact expected, the hours the parolee is to be in his/her home and the treatment programs the parolee is to be involved with. Board-in-Session will use the standard conditions for EM on the parole certificate:

• Abide by the attached electronic monitoring conditions
• Abide by a twenty four hour curfew except for the following purposes (employment, education, counselling, etc.) and as approved through the written permission of the Parole Supervisor. Such permission is to be carried on your person at all times when not in your place of residence outside of normal curfew hours
• Agree to permit staff members of the Corrections Branch to enter your residence at any time to verify equipment.





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CHAPTER 11

DAY PAROLE

Only policies and procedures that differ, or require clarification, from those relating to full parole are set out in this chapter. Otherwise, normal policies and procedures apply.

Day parole allows gradual re-entry into the community before full parole eligibility in preparation for full parole or to take part in programs that would not otherwise be available.

The inmate should be prepared to apply for full parole six weeks before full parole eligibility, and, if required, return for a hearing at his/her expense to the nearest correctional centre at 9:00 AM on an appointed date or on the expiration date of the day parole.

Day parole conditional release depends on residency. On day parole, the legislation requires 24 hour supervision. This can be achieved through electronic monitoring at the person's residence (private or halfway house) or at a facility that provides 24 hour supervision to the satisfaction of the Board in Session.

Acceptable residences for day parole are:

• A community based residential center, which may be a recovery house that is prepared to accept offenders on parole, offers risk management programs and possesses expertise in the care of offenders.
• A publicly supported treatment centre
• A privately supported treatment centre that is prepared to accept offenders on parole and offers substance abuse programs to an offender population.
• A community based residential facility supported by the Corrections Branch
• At home with electronic monitoring (see Chapter 10).

11.1 RIGHT TO APPLY FOR DAY PAROLE

Day parole is a provision to complement full parole as a managed release program. It can be used for selected inmates who have served the requisite portion of their sentence in custody and require access to community resources.

Any person who is an inmate by definition of the Corrections and Conditional Release Act has the right to apply for day parole. Day parole is intended to provide a first step in a managed return to the community on conditional release.




11.2 DAY PAROLE ELIGIBILITY DATE

The portion of imprisonment before day parole eligibility is one-sixth of the sentence.

11.3 ADMINISTRATIVE REVIEWS

Parole certificates must contain a condition that requires an offender to return to a correctional centre for a full parole review to ensure that this requirement is available for all offenders. Notwithstanding this condition, the Board will review applications for full parole by way of an administrative one member quorum, unless:

• Performance on day parole warrants a hearing
• The parolee does not waive the right to a hearing

In those cases where the granting Board-in-Session has indicated in the written decision that the offender should return to a correctional centre for a hearing, the reviewing Board Member will refer the file for a hearing if the original granting criteria have not been met or if parole cannot be granted for any other reason.

11.4 SCHEDULING OF HEARINGS

11.4.1 Scheduling of Hearings for Day Parole

Inmates who have applied for day parole are heard according to the normal priorities established in Chapter 7.

11.4.2 Scheduling of Hearings for Day Parolees Applying for Full Parole

If a hearing is ordered, an inmate who is currently on day parole and applies for full parole six weeks before full parole eligibility is included in the priority of inmates scheduled for hearings.

11.4.3 Applications for Full Parole from Inmates on Day Parole

An inmate on day parole who wishes to apply for full parole must submit an application for full parole to the Parole Supervisor, who will forward a copy to the Conditional Release Coordinator at the releasing institution at least six weeks before full parole eligibility.

11.5 CASE PREPARATION

Community Corrections Division of the Corrections Branch will assist the parolee with his or her day parole planning and prepare a Community Assessment for the purpose of the full parole review.

11.6 LOCATION OF HEARING AND RETURN TO CUSTODY - APPLICANTS ON DAY PAROLE APPLYING FOR FULL PAROLE

11.6.1 If required to attend a hearing, an applicant on day parole applying for full parole is responsible for appearing at the specified correctional center on the correct date and time and paying all necessary expenses to attend the full parole hearing.

11.7 PAROLE BOARD DAY PAROLE DECISIONS

11.7.1 Grant Day Parole

The criteria used are in 13.1. Day parole can occur any time during the sentence but is usually before full parole eligibility to help prepare the offender for full parole. The maximum length of day parole is six months (CCRA s. 122 [5]) and may continue for additional periods not exceeding six months. In keeping with provincial sentences it should be for no more than two months or until the full parole eligibility.

The date of expiry will normally fall on the date of full parole eligibility or the earliest working day following full parole eligibility. It cannot be set later than probable discharge date.

When granted, the Board-in-Session will explain the conditions of the certificate, including the sentence structure under day parole and the forfeiture of remission.

11.7.2 Terminate Day Parole

The termination of day parole does not affect the sentence calculation, but returns an inmate on day parole to custody. Termination of day parole is a decision by the Board to permanently withdraw a day parole certificate previously granted and subsequently suspended in instances such as the following where the day parole plan is no longer viable.

11.7.3 Revocation of Day Parole

The revocation of day parole is a decision of the Board to permanently withdraw a day parole certificate previously granted. Revocation results in the forfeiture of all remission earned to the date of suspension. Upon revocation the inmate's sentence is recalculated based on the remaining portion of the sentence following suspension and return to custody. The Board will decide if any remission will be re-credited.

The revocation of day parole involves a greater penalty than a termination of day parole and is used in the following instances.

• Day parole has been suspended because of a violation of parole conditions that has placed persons, including the inmate, at serious risk

• Day parole has been suspended because of the inmate being charged with or convicted of a subsequent offence

11.7.4 Extend Day Parole

The Board in Session must explain why day parole was extended past the full parole eligibility date in the written reasons.

11.8 REASONS FOR DECISIONS

The hearing decision sheet issued on a grant of day parole will be completed and issued as outlined in Chapter 13.

11.9 CERTIFICATE OF DAY PAROLE

Normal policies and procedures apply to the authorization of a Certificate of Day Parole as outlined in Chapter 15.

• Three additional conditions must be recorded on all Certificates of Day Parole as follows.

• To remain a resident at (name and address of CBRC) and abide by all the house rules and regulations

• To return at own expense to (name of nearest correctional center to CBRC) on the following (date) for a full parole review

• To present yourself at (name of the nearest correctional center to CBRC) by 9:00 a.m. on the expiry date of this Certificate of Day Parole should you elect not to apply for full parole

Day parole will expire on the full parole eligibility date or date set by the Board.

When a hearing for full parole is required, the review will occur at the provincial correctional center nearest to where the day parole is served. While the Board can exercise flexibility in assigning scheduled reviews, day parolees are heard at a sitting of the Board closest to the full parole eligibility. The Board can direct a continuation of day parole, grant full parole on the eligibility date, or impose any disposition described in this chapter.


11.10 DAY PAROLE SUPERVISION

11.10.1 Authorization for Overnight Passes

The Parole Supervisor has the authority to authorize overnight passes. When the offender is residing at a CBRC, this authority is exercised only with the full consent of the CBRC operator and shall not include travel outside the province of British Columbia.

In the event there is no consensus on the authorization of an overnight pass, the matter will go to the Board for an administrative decision.

11.11 CRITICAL INCIDENTS AND SUSPENSION OF DAY PAROLE

The policies and procedures contained in Chapter 18 apply to suspension, reinstatement, and revocation of day parole.



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CHAPTER 12

THE HEARING

12.1 CONDUCT OF HEARING

The Board-in-Session is solely responsible for the conduct of the parole hearing.

The Board-in-Session will set the conditions and expectations for the applicant, observers and participants.

12.2 HEARING MODEL

The purpose of the hearing is to review the information to ensure that it is up to date and current. Parole information packages will not be circulated before the hearing.

12.2.1 Variations

Decisions are based on two different models.

(a) Review Without a Hearing

Legislation and regulations allow for a review without a hearing. Also, an applicant may waive his/her right to be present, (e.g., change of conditions or post-suspension hearing). This review without a hearing can occur at a regular sitting of the Board or at the Board Office.

A single Board Member may grant parole but a denial or revocation must be voted on by two Board Members.

One Board Member may change conditions on an existing parole.

Any review without a hearing must be accompanied by a waiver signed by the applicant indicating that there has been disclosure and that the applicant waives his or her right to attend a hearing.

(b) Review With a Hearing

The applicant will be present for the hearing and will have had disclosure of the information that is before the Board.

12.3 LOCATION AND INTERVIEW WITH APPLICANT

Hearings generally occur in correctional centers or other locations suitable to the Board and the Branch.

12.4 OBSERVERS AT HEARINGS

Observers at hearings can be victims of crime, members of the inmate's family, media representatives, or other members of the public including special interest groups and academic researchers.

12.4.1 Board Guidelines and Conditions

The institutional director is responsible for the good order, security and discipline of the institution and therefore may refuse entry to any individual for cause. This includes victim participants, victim observers and other observers of parole hearings. The Board has sole discretion over who can observe the hearing, considering the concerns of the inmate, and the security and good order of the institution. The Board will consult with the Conditional Release Coordinator on the number of observers and who they are. The Board will establish appropriate conditions for the observer. Such conditions are to ensure the integrity of the hearing process, and the safety and security of all individuals attending the hearing.

• The hearing guidelines will be provided to the observer by the Board-in-Session before the hearing. Observers must agree to abide by these guidelines. The center may set additional conditions, such as providing identification and being searched, and these must also be followed. An observer will not be admitted to the hearing room after the hearing has begun.
• Observers may watch the proceedings and make written notes, but may not use tape recorders or cameras at the hearing. They may not participate in the hearing and must leave the hearing when Board Members deliberate.
• Observers must apply to the institution two weeks before the hearing for permission to be admitted to the institution. The Conditional Release Coordinator will arrange for institutional approval and concurrently present the request to the first available Board-in-Session for approval to observe the hearing.

12.4.2 Criteria for Assessing Applications

In making the decision to allow attendance by an observer the Board will use the following criteria to assess each application.





12.4.3 The Likelihood of Disruption

If the presence of an observer is likely to disrupt the hearing, permission to attend will be withheld. If the applicant has a history of disruptive behaviour in court, in the institution or with the Board permission will not be granted.

12.4.4 Adverse Effect on the Hearing Process.

If the presence of observers would affect the Board-in-Session's ability to obtain information or the applicant's ability to respond, permission to attend may be withheld. Examples of this could be when:

• There are clear indications that the parole applicant would find presenting their case to the Board-in-Session impeded
• The mental health of the parole applicant might be jeopardized by the presence of observers, or
• The parole applicant could be expected to become disruptive or behave irrationally
• The Board-in-Session must consider the applicant’s comments and record reasons for proceeding or not proceeding with the hearing.

12.4.5 Protection of Third Parties

If the Board-in-Session feels that confidentiality cannot be maintained, permission to attend the hearing will be withheld. Examples of this are:

• Where the identity of the victim or the parole applicant has been protected during the arrest and trial process, or
• Where the safety or other interests of individuals who have provided information regarding the offender cannot be guaranteed

12.4.6 Effective Reintegration of the Parole Applicant.

The Board will balance public interest and the interests of individuals or agencies offering to help the reintegration into society of the parole applicant. This could refer to public knowledge of release plans, including potential employment, treatment, or training proposals.

• Sometimes the characteristics of the parole applicant or the location of the hearing in an institution may preclude observers, e.g., the applicant is a Crown witness or police informant.
• Persons under eighteen years of age will not normally be allowed to attend as observers due to the nature of the subject matter commonly discussed at hearings.
• If space at the correctional center is limited, approval to attend will be granted in chronological order of application, after the victim and other immediately interested parties.

12.4.7 Subsequent Actions Available to Applicants

Except for adjournments, approval to attend hearings is specific to that hearing. Applications to attend an inmate's subsequent hearing, or hearings for another parole applicant, must each receive approval.

• An individual who is refused permission to attend a hearing is not excluded from all Board hearings, and may apply again.
• A denial of permission to attend is final and will not be re-examined due to the time constraints involved in hearing scheduling.

12.4.8 Exclusion of Observers During Hearings

The Board-in-Session will exercise any authority necessary to preserve the administrative fairness of the hearing process to make impartial decisions. Proceedings are closed any time when disruption occurs, interests of the applicant or third party are jeopardized, or security is compromised.

Observers must withdraw temporarily during the deliberations of the Board-in-Session.

12.5 VICTIMS

The Board accepts the definition of a victim contained in CCRA, s. 142 and the Victims of Crime Act (BC). Victims have priority as observers.

12.5.1 Victim Access to Information

The victim has the right to know:

• The name of the offender
• The offence inmate is convicted of
• Date and length of the sentence
• Eligibility dates for parole and release

The Board Office, upon receiving a request for a parole decision, can reveal the following additional information where victim interest outweighs the offender's right to privacy.

• Age
• Correctional center holding the offender
• Conditions attached to the parole
• The destination of the parolee
• Whether the Board's decision has been appealed
• The Board’s written decision subject to legislative guidelines

12.6 VICTIM SUBMISSIONS

12.6.1 Victim Submission to the Board (Written)

At the request of a victim, or in the case of a K-file victim, the institution will send a letter to the victim inviting a written submission. The written statement will be limited in scope to: 1) the effect of the crime at the time; 2) the continuing effects of the crime and; 3) recommendations and conditions for the Board to consider regarding the safety and security of the victim and community.

12.6.2 Confidentiality of the Submission

The Board-in-Session will provide the “gist” (general subject and/or summary) of the submission to the applicant. As part of the hearing process the Board-in-Session will also determine the significance of the submission to the applicant’s request for parole, and will indicate their determination in this regard for the taped record before concluding the hearing.

12.7 VICTIM ATTENDANCE AND NO-CONTACT ORDERS

Where the Courts have ordered the applicant to not have contact with the victim the Board-in-Session and institution will take appropriate measures to prevent contact between the parties before and after the hearing.

12.8 VICTIMS WHO ARE OBSERVERS

12.8.1 Approval Process for Attending Hearing

A victim or any member of the public must notify either the Conditional Release Coordinator at the Institution or the Board Office one to two weeks in advance and request permission to attend the hearing. The Institution will approve a person in light of the safety of the institution. The Board will decide on the person’s access. The Board-in-Session can also control the attendance of a victim, or any other person to any part of the hearing, to ensure the hearing is conducted properly.

12.9 VICTIM AS HEARING PARTICIPANT

The BC Board of Parole supports and encourages the concept of Restorative Justice. As a key element of restorative justice, victims and communities are given an opportunity to be heard as participants in the criminal justice process. The Board will afford victims an opportunity to be heard but the role of the Board is not to counsel victims or offenders, mediate between aggrieved parties or review the sentencing judges decision.

Victim participation will not be solely determinative of the Boards decision. The Corrections and Conditional Release Act requires the Board to consider all available and relevant information. The Board will allow victims who have been approved as observers to address the hearing subject to space and security considerations. Victims may choose to speak at the beginning or end of the hearing (or at any point subject to approval by the Board in Session) and are instructed to limit their comments to three specific questions: 1) the effect of the crime at the time; 2) the continuing effects of the crime and; 3) recommendations and conditions for the Board to consider regarding the safety and security of the victim and community.

The victim is required to request permission to address the Board at the time he or she requests permission to attend the hearing. The Conditional Release Coordinator will place this request before a Board-in-Session at the earliest opportunity for approval.

12.9.1 Response to the Victim Statement

In order to foster an environment of fairness, the applicant will be permitted an opportunity to respond to the victim’s statement. The victim may be present for this response but where it is necessary to maintain control of the hearing the Board-in-Session may direct the victim to leave the hearing while the applicant responds. At the Board-in-Session’s discretion on the victim’s request, the victim may be given a verbal summary of the response.

In every case, the applicant will be afforded a recess if he or she believes time is required to prepare a response to the victim statement.

The Board-in-Session may also recess where it is necessary to clarify concerns raised by the victim.

12.9.2 Assistant to the Victim Participant

The victim can request to have an assistant speak to the Board-in-Session on his or her behalf. The use of an assistant may be preferred in order to reduce the level of stress for the victim. The victim must identify the assistant to the Board Office or CRC a minimum of one week before the hearing to allow for approval and security clearance by the institution prior to the hearing. The assistant can be any responsible adult that has a demonstrated supportive relationship with the victim. If the assistant is a member of the media the rules for members of the media as observers must be followed. Where possible the request and related information will be placed before the Board-in-Session or Chair for approval.

12.9.3 Fairness in Process and Information to be Considered in the Hearing

Victim participation places greater procedural responsibilities on the Board-in-Session. Board Members are responsible to maintain a hearing that is inquisitorial (fact finding) in nature. The participation of victims in a parole hearing demands that the Board-in-Session exercise a greater degree of control and involvement in the hearing in order to afford all parties a structured and fair process.

Neither the victim nor the assistant are subject to cross examination by the applicant. The Board-in-Session will stop comments that attempt to focus on the details of the offence, that make accusations against the offender or victim and his/her family or that express opinions about the courts findings or sentence.

Disregard of policy or disruption of the hearing by participant, observer or assistant may result in a ruling by the Board-in-Session requiring that the person leave the hearing.

12.9.4 Conclusion of Hearing

The Board-in-Session must identify, for the taped record, those comments or observations which are considered to have been inappropriate and which will be discounted in the Board’s deliberations.

12.10 INMATE'S FAMILY AND COMMUNITY REPRESENTATIVES WHO ARE OBSERVERS

The Board will accept written submissions regarding the inmate from family members, friends, employers, representatives of the community and social agencies, before the Board hearing. The inmate has the right to review any written information before the Board.

Information from family and community members will be confidential if revealing such information could jeopardize their safety or well-being. In these cases the inmate has the right to receive the gist of the information. If the inmate does not receive the gist, the Board Members will not use the information in making their decision.

12.10.1 Under Age Observers

A family member under eighteen years of age must be in the company of an adult.

12.11 INMATE ASSISTANT

An inmate has the right to an assistant, who may be legal counsel during the hearing. The role of the assistant is to provide support for the inmate throughout the hearing. They have an opportunity to speak on the inmate's behalf at a specified point in the hearing decided by the Board-in-Session. Legal counsel shall assist the applicant without special privilege.

The applicant must notify the Conditional Release Coordinator if an assistant will be attending the hearing. Security checks will be in keeping with the rules for observers.

12.12 ATTENDANCE OF CORRECTIONS BRANCH STAFF

An informed Corrections Branch staff member, usually the Conditional Release Coordinator will be available at the hearing to assist the Board-in-Session. That person will be responsible for the availability of all information on the case. The Board-in-Session may request the attendance of other Branch staff to answer questions or clarify issues concerning the inmate's progress or plans, and possibly update or amend any reports.

Corrections Branch staff directly involved in specific hearings may attend and submit information related to the hearing in the presence of the inmate. Corrections Branch staff interested in attending the hearing as an observer will notify the parole coordinator.

12.13 REVIEW OF SCHEDULE

At the outset of the panel hearing, the Board Members will review with the Conditional Release Coordinator the list of applicants on the schedule. Any changes or deletions from the original list are identified. Members will review the list of observers, assistants, and interpreters.

12.13.1 Changes to the Hearing Schedule

Changes to the Board-in-Session’s schedule will be made in consultation with the CRC, bearing in mind the need to accommodate priority hearings. For example a post-suspension hearing on day 30 must be done that day. Hearings with observers/assistants are a priority in consideration of travel and waiting times by these parties. There is also a priority for parole applicants that are past the eligibility date.

12.14 INTERVIEW WITH APPLICANT

The Board-in-Session will use an inquisitorial (fact finding) process in interviewing the applicant. The format must involve all Board Members. Inmates should be encouraged to explain the parole plans in detail, and respond to questions of the Board Members.

Board Members should address the applicant formally using their last name, and in a way that will maximize the inmate's sense of self-esteem and responsibility.

12.15 CONFIRMATION OF DISCLOSURE TO INMATE

The Board-in-Session will confirm that the information has been disclosed to the inmate. This does not include confidential information. If disclosure has occurred less than forty-eight hours before the hearing the Board will decide if an adjournment is required.

12.16 VOTING

Each Member of the Board casts an independent vote. The decision is a majority decision.

12.16.1 Discussion and Voting

The Board-in-Session will ask the applicant to leave the room during deliberations. Reasons for the decision are to be recorded on the hearing decision sheet.

12.16.2 Split Decision

When a split decision occurs, three other Board Members appointed by the Chair will conduct the new hearing.

12.16.3 New Hearing Following a Split Decision

Upon receiving notice of a split decision, the Chair will assign Members to conduct the new hearing when practical.

12.16.4 Documentation Following a Split Decision

When a split decision occurs, the Board Members will record the reasons for their votes on separate hearing decision sheets. The decision is recorded as a split decision. The Board-in-Session will inform the applicant of the split decision and that a new hearing will be held as soon as possible.

12.17 REASONS FOR DECISIONS

After deliberating, the Board in Session will inform the inmate, in writing, of the reasons for the decision, or in exceptional circumstances, within two days. The policies and procedures are in Chapter 13 (Board Decisions).

12.18 COMPLETION OF DOCUMENTS

a) Board Members are accountable for their decisions and each Member will ensure that the appropriate documents and any specific administrative instructions are completed for each case. Before leaving the parole hearing, the Board-in-Session will ensure that the completed documents are correct and properly signed.

b) Where hearings go beyond working hours, or there is a technical difficulty with the computer support system, the Board-in-Session will leave legible handwritten completed documents signed and dated. These written documents are the legal documents and Members will ensure they are clear, complete in the required details and presentable.

12.19 POLICY OR PROCEDURAL INTERPRETATION

Board Members should consult with the Board Office on procedural, policy or legal questions.


12.20 CONFLICT OF INTEREST

Board Members will disqualify themselves from the hearing if there is reasonable suggestion or appearance of bias. The case will go to a different panel.

12.21 RECORD OF THE HEARING

The signed and dated hearing Decision, the panel hearing schedule, the Certificate of Parole for grants, and the tape recording are the official record of the hearing. Original copies of all these documents are on the official Registry File.

Where the applicant or counsel request a copy of the tape, they must provide a blank tape to the Board.

12.22 DECISION REGISTRY

The Board Office will maintain a registry of decisions according to legislation. The registry provides opportunity for persons who show an interest in a specific case to get Board decisions relating to that case. Further, with the deletion of personal identifiers from the decision documents, researchers may have access to groups of decisions.

12.22.1 Content of the Decision Registry

The Registry will contain the Board’s decisions, and reasons for the decisions, relating to an individual's conditional release, recommitment, or detention. Additionally, the Registry will contain the name of the inmate, date of the review or hearing, and type of release, if any.

12.22.2 Access to the Decision Registry

To obtain the contents of the Registry relating to a specific case, a written application is made to the Board. The request must describe the nature of the interest, e.g., a Member of the family, community volunteer, assistant at the parole hearing, victim, investigating police, or media representative.

Exceptions are for information that could:

• Jeopardize the safety of any person
• Reveal a source of information obtained in confidence
• Adversely affect, if released publicly, the reintegration of the individual into society

(a) Each hearing decision is reviewed for information exempted, as noted above.

(b) The Board Members writing the decision are notified of the request to use the Registry.

A written request will normally be responded to within seven days.

12.22.3 Victim Access

If a victim requests access, information revealed will be according to Section 142 of the Corrections and Conditional Release Act and the Freedom of Information and Protection of Privacy Act (BC).

12.23 ACCESS FOR RESEARCH PURPOSES

Where an individual or an organization requests case-specific information about three or more distinct cases, the Board may find that such interest is research.

Access for research purposes will exclude all personal identifiers, and follow the Parole Act Regulations (BC).





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CHAPTER 13

BOARD DECISIONS

13.1 CRITERIA FOR PAROLE

All decisions made by the Board to grant or deny parole must be according to the statutory criteria in the Corrections and Conditional Release Act, Section 102.

• The parole applicant will not, by re-offending, present an undue risk to society before the expiration of the sentence the offender is serving.

• The release of the offender will contribute to the protection of society by assisting in the reintegration of the offender into society as a law-abiding citizen.

When reviewing a case to decide whether to grant or deny parole, the Board will assess the risk that the parole applicant, if released, would present in the community. The determination of risk has two primary considerations. The first is an assessment about whether the parole applicant is likely to re-offend. Second, is a determination of whether the parole will assist the offender in becoming a law-abiding citizen.

The Board is assisted in the task of assessing risk to the community by the formal Risk/Needs Assessment process conducted by the Corrections Branch. The Corrections Branch has developed assessment tools to determine the level of risk an offender represents to the community. Special tools are used to assess risk for sex offenders and offenders involved in spousal assault. The Board-in-Session uses the information provided from the assessments in formulating its opinion on the degree of risk to the community represented by each applicant.

13.1.1 Undue Risk to Society

The following are some of the factors that are considered when assessing whether the parole applicant will be an undue risk to society.

• Nature, category and gravity of the current offence

• Nature, category, gravity and timing of any outstanding charges

• Previous behaviour in the community regarding probation and/or parole supervision

• Institutional behaviour with special reference to escapes and disciplinary matters

• Nature and length of the parole applicant's previous criminal record, if any

• The role of alcohol, drugs and mental status as it affects the ability of the individual to control behaviour

• Issues affecting the applicant's ability to relate to others in the community, and those issues affecting the person's activities in daily living

• If the applicant is likely to reoffend what offence is it likely to be considering past patterns, and what is the degree of risk that poses to society

13.1.2 Facilitating Reintegration

The following are some of the factors that are considered when assessing reintegration into society as a law-abiding citizen.

• The applicant has shown responsibility in effective use of time in custody and in sentence and release planning

• Program opportunities in the community are as good or better than availabilities in prison, and the applicant is committed to use these opportunities

• Release plans show practical and realistic support for the applicant's reintegration into the community

Note: The two criteria for parole (13.1) are statutory, based on the Corrections and Conditional Release Act. The supporting information expands on the practical application of the criteria but is not exhaustive.

13.2 OUTSTANDING CHARGES

The law does not prohibit a review of applications, even when outstanding charges exist because:

• The reality that decisions regarding early release are based on statutory criteria, rather than on any one piece of information considered in isolation

• The fact that outstanding charges are one such piece of information among many considered on merit in weighing the statutory criteria

• The principle in law that a person is innocent until proven guilty

These policies and principles apply equally to decision making in suspensions and revocations.

13.2.1 For outstanding charges, the Conditional Release Coordinator will collate information concerning the status and court date as well as the nature of the outstanding charges, including information on whether the court has set bail for the parole hearing.

13.2.2 Board Members will ensure that the following is considered when making a decision, regardless of whether or not outstanding charges are being admitted to or denied.

• Nature and category of the charge, e.g., offence against property or persons, offence involving violence, offence without a victim
• The seriousness and gravity of the charge including the circumstances, e.g., use of weapons, degree of harm alleged
• Time of the offence in relation to the present sentence
• Reasons for the charges not yet having been dealt with
• Matter of whether bail has been granted or denied
• Possibility that a new sentence may change the current eligibility date

13.3 DECISION TO GRANT

The Board may grant parole of the following types, subject to any terms or desirable conditions.

• Day parole
• Full parole

Full parole begins on the date set by the Board and ends on the final warrant expiry date. When granted, the Board will explain the conditions of the certificate, including the sentence structure under parole and the forfeiture of remission.

The Board-in-Session will not normally defer the parole date more than two weeks from the decision date. It will only be deferred where the eligibility date has not arrived or where the applicant needs to complete a specific program.

Note: Where a Probation Order follows the jail sentence, and the applicant is transferring to another jurisdiction in Canada, the applicant is required to provide the Board with proof that the Probation Order has been transferred to that jurisdiction (pursuant to s. 733(1), Criminal Code) before parole will be granted.

13.4 DENIAL DECISION

A decision by the Board to deny parole is considered final. The applicant can appeal the decision. (Chapter 16)

13.5 ADJOURNMENTS


13.5.1 Rescheduling

Board Members will review each file before the hearing commences for completeness. An incomplete file will result in the hearing being rescheduled. The applicant may also request that the hearing be rescheduled before the Board-in-Session has heard evidence if the applicant believes the file is incomplete or erroneous. The postponement may be for a reasonable period set by the Board.

When a hearing is rescheduled the Board in Session must complete a written administrative decision outlining the reasons for the postponement.

13.5.2 Adjournments

Adjourning a hearing occurs after a hearing has started (the Board-in-Session has heard evidence). Adjourning a hearing involves standing down the proceeding and rescheduling the hearing with the same Board-in-Session at a later date.

The Board-in-Session must consider the request for an adjournment by way of a hearing within a hearing. The applicant must demonstrate that there is a specific purpose for the adjournment.

The Board-in-Session will be guided by the following rules:

(a) The duration of adjournments should not exceed thirty days.

(b) Adjournments are for specific purposes, such as to obtain new information, to clarify an aspect of the application or to obtain legal advice, rather than for the general progress of the applicant. The Board-in-Session must decide if not granting an adjournment will result in unfairness.

(c) Adjournments should not contain a promise or guarantee regarding the outcome of the next hearing.

If an adjournment is granted, those Members that constituted the original Board-in-Session must continue with the adjourned hearing.

When a hearing is adjourned, the Board-in-Session must complete a written administrative decision outlining the reasons for the adjournment, the information required and the new hearing date.

13.5.3 Adjournments - Post Suspension Hearings

In general adjournments will not be granted in post suspension hearings. If granted, the general rules for rescheduling hearings and granting adjournments will prevail in post suspension hearings. If an adjournment is granted, the hearing must be rescheduled and must be continued with the original Board Members within the post apprehension 30 day jurisdiction limit.

13.6 REVOCATION AND TERMINATION DECISIONS

A revocation or termination of a parole decision made by the Board cancels a Certificate of Parole previously granted and suspended.

When termination of parole occurs, previously-earned remission remains credited to the inmate.

13.7 WITHHOLDING THE CERTIFICATE OF PAROLE

If an inmate is granted parole and not released on the effective date because of new information or a delay, a Board Member may authorize the withholding of the certificate up to fourteen days from the release date. The certificate will then be reinstated or a new hearing scheduled within thirty days. At the new hearing, the Board may decide to replace, or reaffirm, the original decision.

• In the above circumstances, the director of the correctional center will ensure that the Board Office is informed immediately if a parole release cannot, or should not, be effected as specified.
• Board Office staff will give this information to a Board Member, preferably one who made the original decision to grant parole. That member may authorize the withholding of the Certificate of Parole for a period not exceeding fourteen days from the date of intended release.
• If a decision is made to withhold a certificate, it will be expressed, in writing, to the director of the correctional center with copies distributed by the board office to the inmate, parole coordinator, supervising field office, and any other agencies that have been officially notified of the original decision.
• Subsequent decisions to reinstate the original Certificate of Parole, or to refer the case to a new hearing of the Board, will be similarly authorized by a Board Member. If the decision is to reinstate parole the Certificate of Parole will be distributed as per 15.1.2.
• Where possible the Board Office will reschedule the case for a new hearing within thirty days.

13.8 OTHER DECISIONS

Occasionally the Board will make decisions other than those listed above which will fall primarily in the category of review, or will be administrative in nature. Examples follow:

• Administrative changes, such as additions, deletions, or modifications of conditions of parole

• Decision to suspend parole authorized at the hearing

• Acknowledgement of a withdrawal of an application

• Rescheduling the parole hearing

• Waiving the re-application waiting period following denial or revocation.

• Administrative decision to issue a British Columbia Certificate of Parole to replace a certificate issued by another Canadian parole board to a parolee transferred to British Columbia

13.9 INFORMING THE APPLICANT

After the interview the Board will make its decision, giving reasons for the decision. The Board will call the applicant back to the hearing room and inform him/her of the decision, along with the reasons.

Where the Board makes the decision based on a file review, it will ensure that the decision is forwarded to the applicant the next working day. Every applicant will receive a copy of the decision when possible after its preparation.

13.10 WRITTEN DECISIONS

The Board-in-Session will give a written reason for each decision.

The objectives for giving reasons for decisions are:

• Fulfill statutory and policy requirements for written reasons
• Promote consistency among members of the Board
• Help the inmate by providing information that can be useful for future sentence planning, and thus reinforce offender responsibility
• Provide correctional staff with useful information for future case management
• Develop a data base to support research and program evaluation, and
• Preserve documented records for future reference and accountability
• Assist victims to understand the parole process.

13.10.1 Guidelines for Recording Reasons

All written reasons for decisions are maintained in the Decision Registry. The Board-in-Session at the hearing shall follow these policy guidelines.

(a) Grant or Denial

The reasons shall relate directly to the criteria for release.

(b) Adjournment

Reference 13.5

In day and full parole situations, the written reasons must suggest expectations for the time of the subsequent hearing. In post suspension situations, the written reasons must designate the time of the subsequent hearing. The Board-in-Session shall consult with the Conditional Release Coordinator and issue instructions through the Conditional Release Coordinator for adjournments.

(c) Revocation and Termination

The reasons for revocation shall include direct reference to the violation of conditions of parole or to violations because of new charges and to the criteria.

The reasons for termination shall include direct reference to the exceptional circumstances described in Chapter 18.8.

(d) Cancellation and Termination

When the Board cancels or terminates the parole because of new information not available at the hearing, the written reasons shall include direct reference to the information.

(e) Withholding the Certificate

When the Board withholds a parole certificate, the written reasons shall include direct reference to the information that led to the withholding of the certificate.

(f) Cancellation of Warrant of Suspension

Where the Board determined that the offender may be re-released on the original certificate with or without change of conditions.

13.10.2 Writing the Decision

The written decision will clearly indicate the information considered, how the decision criteria relate to that information, and that the Board is making the least restrictive determination in its decision and the conditions set. The decision should specifically refer to the two legislative criteria for parole (see 13.1).

13.11 VICTIM REPARATION IN DECISION MAKING

Where an applicant has been granted parole and there exists an outstanding court order for victim reparation, or where there is a condition on a following probation order for victim reparation, the Board should impose a condition on the parole certificate requiring the applicant to commence and complete a specific portion of the reparation during the term of the parole.

Information concerning the parole applicant’s intentions regarding victim reparation should be considered when deciding if parole would aid in the applicant’s reintegration into society as a law-abiding citizen. The information in both instances must be considered, with other information, when making a decision to grant or deny parole.






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CHAPTER 14

RELEASE PROCEDURES

14.1 EFFECTIVE DATE OF RELEASE

The British Columbia Board of Parole is responsible for setting the release date on the Certificate of Parole.

14.1.1 Setting Release Date

The Board-in-Session will determine the release date with corrections staff according to release procedures. If a date cannot be fixed, the Board will give directions on the decision sheet.

14.1.2 Release on Eligibility Date

When parole is granted before the eligibility date, the release date will be the eligibility date or any other date as determined by the Board-in-Session and Corrections.

14.1.3 Release After Eligibility Date

For a decision to grant parole after the parole eligibility date the Board-in-Session will specify the effective date of release, normally within fourteen days of the decision.

14.1.4 Release Before Normal Eligibility

For a decision to grant parole before the eligibility date, (parole in cases of exception), the Board-in-Session will specify the effective date of release.


CHAPTER 15

PAROLE CERTIFICATE

15.1 AUTHORIZATION

If the Board-in-Session grants parole it will sign a Certificate of Parole.

15.1.1 Drafting Certificate

The Board-in-Session at the hearing shall be responsible for issuing instructions, based on the decision made by the Board Members, to the Conditional Release Coordinator. The Corrections Branch will provide administrative support where required.

15.1.2 Distribution of Certificate

The Conditional Release Coordinator shall be responsible for distributing copies of the parole certificate to the following, depending on decision to grant or deny parole:

• Board office (original copy)
• The parolee (original copy)
• Inmate warrant file
• Supervising field office
• Institution parole file
• Officer in Charge
N.C.O. I/C “E” Division, RCMP
Division Operational Communications Center
657 West 37 Avenue, Vancouver, BC V5Z 1K6
Telephone: 264-2489 - Fax: 264-3196

15.1.3 Amendments to Certificate

In case of change or error, a new certificate will be issued, rather than amending the original.

15.2 STATUTORY CONDITIONS

Statutory conditions, pre-printed on the certificate, are recorded in the Regulations of the Parole Act (BC). They apply to all inmates released on day parole or full parole and provide the minimum control necessary in the community. The Board-in-Session can alter these conditions or relieve the parolee of compliance with any one of them as appropriate while maintaining protection of the public. Any such change will be recorded in the decision.

Where the Board-in-Session sees a need for reporting more frequently than once per month, it will communicate this in one of two ways.

• Stipulate the frequency required for a limited period of time, and thereafter to be determined by the parole supervisor, or
• Give specific direction to the parole supervisor in the hearing decision

15.3 SPECIAL CONDITIONS

Special conditions are additional obligations placed on the applicant by the Board. They are imposed where the Board-in-Session finds them necessary to ensure public safety and ongoing commitment to rehabilitation. Special conditions should reflect the identified risk and need factors of the applicant.

Wherever possible the Board-in-Session will use the wording provided by the Board Office in the list of special conditions (Appendix 2). When a Probation Order follows the jail sentence, the Board-in-Session will impose conditions that are necessary to ensure that parole responsibilities are as onerous as the Probation Order conditions.

Where a special condition requiring participation in a treatment program is imposed, and where the applicant has participated in similar treatment while in custody, the hearing decision should state why the Board requires the continued participation.

Note: The Board-in-Session will only impose a special condition to reside at a specific address if there is a public safety reason requiring Board approval for any move. The use of this condition removes the limited discretionary decision available to the parole supervisor in condition number eight.

15.4 TIME LIMITED SPECIAL CONDITIONS FOR RELEASE

A decision to grant full parole with special conditions may require the parolee to complete a specific objective or program within a specified period. Failure to meet these stated goals or objectives are a possible violation of parole.

The Board-in-Session at the parole hearing will ensure that the inmate understands time limited special conditions for release and that they are clearly on the Certificate of Parole.

Parole certificates are in effect for 14 days. If the person is not released, a subsequent administrative decision is needed to confirm the original decision and have the original decision and certificate remain in place for another 14 days.


CHAPTER 16

APPEAL OF DECISIONS

16.1 APPEAL PROCESS (REQUEST FOR RECONSIDERATION)

16.1.1 Requests for Reconsideration

An inmate may apply to have his or her parole application reconsidered by writing to the Chair within thirty days of the decision. There is no penalty attached to asking for a review.

The onus of proof is on the applicant and the applicant must demonstrate that:

• It can be proved that the Board acted beyond its jurisdiction or refused to exercise its jurisdiction
• It can be proved that the Board failed to observe prescribed procedures, policies or otherwise erred in law in making its decision
• It can be proved that the Board made its decision based on false information or was lacking significant evidence or overlooked other relevant material concerning the merits of the case

The Chair, or designate, shall decide if there is merit in the request for reconsideration of the original application.

16.1.2 Extension of Thirty-Day Limit on Requests for Reconsideration

If there are exceptional or mitigating circumstances beyond the control of the inmate that contributed to a delay, the thirty-day limit may be waived by the Chair.

16.1.3 Response

The Chair, or designate, will respond to the request within 15 working days of receiving the request for reconsideration.

16.1.4 Imminent Release Date—Requests for Reconsideration

A request for reconsideration of an application is done by the Chair even if the inmate's release date is imminent.

16.1.5 Authorization

Unless otherwise directed by the Chair, the reconsideration of an application will be processed and reviewed at a regularly scheduled parole hearing by Members who did not take part in the original decision.

Where the original hearing included the Chair in the quorum, the request for reconsideration will be assigned to a Member who was not a member of the original quorum.

The Chair will write the inmate, the Conditional Release Coordinator, and others, as appropriate, if a reconsideration hearing has been ordered.

16.1.6 Hearing Guidelines

A hearing to reconsider an application is a new hearing based on the original parole plan.

The Board-in-Session will not review a new parole plan.

The Board-in-Session may review new information if that information clarifies or supports the original plan.

16.2 OMBUDSMAN

The Board is in the schedule of agencies that are investigated by the Ombudsman with or without a complaint. Such an enquiry, where launched, will focus on whether the Board acted consistently within governing legislation, regulations and stated policies and procedures. Where there is non-compliance, the Ombudsman may make recommendations for remedy and it is the responsibility of the Chair to act on that information.

16.3 REVIEW OF DECISIONS BY OUTSIDE BODY

Further appeals of Board decisions are limited by the legislation, however an application for Judicial Review can be made to the Supreme Court of BC. The grounds of review are limited and are set out in S.59 of the Administrative Tribunals Act.




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CHAPTER 17

COMMUNITY SUPERVISION

17.1 PURPOSE OF SUPERVISION

Supervision is designed to provide control by monitoring the adherence to parole conditions and support by assisting the parolee and providing the resources required under the conditions of release.

The emphasis on one or the other of these elements depends on the circumstances and the requirements involved in each case. The support aspect of supervision involves the evaluation of the needs of the individual. It includes providing assistance to the parolee in overcoming difficulties and adapting to the community and on advising the parolee regarding the resources and special services available in the community. The control aspect of supervision requires ensuring that the individual abides by the conditions of release. If necessary, action to prevent violations of parole conditions will occur.

17.2 ASSIGNMENT OF PAROLE SUPERVISION

17.2.1 British Columbia

The responsibility for supervision rests with the community office where the parolee resides. The Corrections Branch sets the minimum standards for supervision.

17.2.2 Other Areas of Canada

Where release is to another province, assignment is made to the correctional service in the area of residence, as provided for in the Transfer of Parole Jurisdiction Agreement. (See Chapter 8 & Appendix_)

17.3 INMATE RESPONSIBILITY

The inmate being paroled is to report to the supervisor as directed on the certificate and provide specific information at regular intervals.

17.4 DISTINCT ROLES: BOARD OF PAROLE AND CORRECTIONS BRANCH

Parole supervision and parole case management are the responsibilities of the appropriate Probation Office. The Board only becomes involved again when parole violations occur, or when there are requested changes or modifications to the conditions of parole.



17.5 METHOD AND FREQUENCY OF REPORTING

The Corrections Branch has established standards for community supervision based on risk/need assessments that include the following elements:

• The minimum reporting requirement includes a personal interview with the parolee at least once a month

• The supervising officer shall maintain a running record on the parolee in the Corrections Branch field file

17.6 TRANSFER OF JURISDICTION

See chapter 8

17.7 REPORTS TO THE BOARD

17.7.1 Post Release (Administrative) Changes

The parole supervisor may request the removal, modification or addition to the mandatory and special conditions on a certificate by writing to the Board Office. Included in this report should be a waiver signed by the offender acknowledging disclosure and agreeing to an administrative review, the reasons for the request and any recommendations of the supervisor.

With a waiver, a quorum of one Board Member will decide to vary, relieve or remove mandatory and special conditions.

With a waiver, a quorum of two Board Members may impose new special and residential conditions.

A new Certificate of Parole will replace the original in all cases of administrative review.

If a hearing is requested, a quorum of two Board Members is required to vary, relieve or remove mandatory, special and residential conditions.

17.7.2 Critical Incident Report

See 18.1.4

17.7.3 Post Suspension Report

See 18.2.11


17.7.4 Sensational Incident Report

See 19.2.2

17.8 REQUESTS FOR PERMISSION TO LEAVE JURISDICTION

17.8.1 Transfer Within British Columbia

A parolee's relocation to another address can change the risk level to the community. Before the parolee moves, an assessment of the new location must occur. Whether the relocation is within the area of the supervising office or to another supervision area in the Province, the supervisor in consultation with the receiving office can approve the move. If approved, the supervisor will notify the Board office in writing.

17.8.2 Transfer Outside Canada

The British Columbia Board of Parole does not have authority to grant permission to transfer outside Canada other than with a Deportation Order or Extradition Order.

17.8.3 Authorization to Travel Temporarily Outside British Columbia

Only the Board may authorize travel outside British Columbia. If approved by the Board, the Parole Supervisor will issue a letter of authorization to travel on behalf of the Board. The letter must be carried by the parolee at all times when traveling. Requests will be received by the Board Office, which will contact Board Members to review them as needed.

17.8.4 Authorization to Travel Temporarily Within BC

The parole supervisor may authorize a travel permit for temporary travel within British Columbia. This authorization should:

• Be in writing
• Be signed by the parole supervisor
• Include reference to the purpose and location of travel
• Document the time and arrangements for reporting, if appropriate
• Note the date the authorization ends, and
• Be carried by the parolee while traveling

Authorization to travel within British Columbia will be for short periods of no longer than thirty days.

The letter must be carried by the parolee at all times when traveling.

17.8.5 Distribution

Copies of the travel permit are given to the parolee, the Corrections Branch field file, the Board Office, and the correctional service office supervising in the destination if outside British Columbia.





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CHAPTER 18

SUSPENSION, CANCELLATION OF SUSPENSION AND REVOCATION

18.1 CRITICAL INCIDENT: VIOLATION OF CONDITIONS

18.1.1 Definition

A critical incident occurs when a parolee fails to comply with, or violates the standard or special conditions on the Certificate of Parole. A critical incident is either minor or serious.

18.1.2 Serious Violations

Any violation of standard or special conditions where there may be a danger to the community or parolee or any situation which is not necessarily a violation of a condition of parole that may cause danger to the community or parolee. A Critical Incident Report is required following a serious violation.

18.1.3 Minor Violations

Minor violations may or may not raise serious concerns about the parolee's general behaviour, and the parole supervisor has discretion in the handling of such matters. Examples might include violations of provincial legislation, municipal bylaws, or change in release plans.

A Critical-Incident Report is not required in the following circumstances, but the Supervisor must still inform the Board by memorandum or telephone if the following occurs.

(a) A change in the original release plans without authorization of the Parole Supervisor
(e.g., Change of residence, change of employment, withdrawal from treatment resource). The focus in these instances, however, should be on a return to the release plan or development of a suitable alternative.

(b) A charge or conviction under a provincial statute or municipal bylaw that is minor in nature, does not relate to a pattern of behaviour or offence for which the person is on parole, and does not result in a further jail sentence (e.g., parking bylaws, non-criminal fishing regulations)

New charges against the individual are not an automatic suspension of parole.

Where a release plan has failed through no fault of the parolee, the focus should be on seeking a restoration of the plan or constructing an alternate plan rather than on a suspension of parole.
Board Members may, on the advice of the Parole Supervisor and in keeping with the principle of harm reduction, cancel a suspension brought about by minor substance abuse relapses if the plan or conditions can be strengthened to effectively manage risk.

18.1.4 Critical Incident: Written Report

A Critical-Incident Report is sent to the Board by the Parole Supervisor in the following circumstances:

• A violation of a condition or special condition of parole (e.g., whereabouts unknown, non-reporting)
• A charge or conviction for a new offence
• The parolee is considered a danger
• If it appears that any of the above violations may occur

Should there be substantial change in the original release plan a Critical Incident Report is required so that Board Members can reassess whether the person still meets the release criteria.

In order to assist in coming to a determination on the continuation of parole, a Board Member should look for the following information in a Critical Incident Report:

• Specific violation
• Previous interventions
• Progress or lack of progress on parole
• Risk to the community or parolee
• Recommendations for modifying the plan and cancelling the suspension

18.2 SUSPENSION OF PAROLE

18.2.1 Definition

Suspension of parole is a temporary withdrawal of the Certificate of Parole that authorizes the apprehension of a paroled inmate and returns him/her to custody.

18.2.2 Purpose

The Board may authorize a suspension when a violation of any condition occurs, or when the Board feels it is necessary to prevent a violation of conditions or to protect society.

18.2.3 Authorization

Any Board Member can suspend a Certificate of Parole. Where possible, one of the Members who granted parole will make the decision.
The Board Member will authorize such action by signing the required documentation.

18.2.4 Decision

Upon receipt of a Critical-Incident Report, a Board Member will make a decision to suspend parole or take other action based on the information provided. Additional information may come from the Parole Supervisor as needed. Alternatives to suspension may include no further action, a letter of warning, refer to a Board review, or continuation of parole based on changes to the release plan, which were initiated by the parolee.

18.2.5 Drafting of Suspension Warrant

Following a Board Member's decision to suspend parole the Member will immediately notify the Board Office, and will provide reasons for the suspension. The Board Office will ensure that the suspension warrant and notice of suspension are completed and distributed as directed in 18.2.7 & 18.2.8. (see Appendix 5 – Warrant of Suspension)

18.2.6 After Hours Suspensions

See Chapter 21

Where the decision is made after office hours, authorities need to be informed immediately, and the Member will therefore complete the suspension warrant by hand and fax it to CPIC and the arresting police agency for action. The Board Member will inform the Board Office of this additional action.

18.2.7 Immediate Notification of Suspension Decision

After a suspension warrant is authorized, the Board Office will notify the RCMP Crime Index Section immediately if the suspended parolee is at large. The RCMP will notify Crime Index Section if they hold copies of the suspension warrant and notice of suspension and if specifically requested to do so.

18.2.8 Distribution of Suspension Documents

• British Columbia Board of Parole
• Receiving institution
• RCMP or municipal police in area of possible arrest
• Releasing institution
• Supervising office
• Officer in Charge
C.O. I/C E Division, RCMP
Division Operational Communications Center
657 West 37 Avenue, Vancouver, BC V5Z 1K6
Telephone: 264-2489 - Fax: 264-3196

Receiving Institutions for Documents

Region Institution

Lower Mainland Fraser Regional Correctional Center
Surrey Pretrial Services Center
North Fraser Pretrial Centre
Alouette Correctional Centre for Women
Interior Kamloops Regional Correctional Center
North Prince George Regional Correctional Center
Island Vancouver Island Regional Correctional Center

18.2.9 Execution of Suspension Warrants Within Canada

The Transfer of Parole Jurisdiction Agreement provides the authority to make decisions on parolees from another jurisdiction or who are in a provincial facility.

Where a British Columbia parolee is in custody in another jurisdiction in Canada, that jurisdiction will notify the Board who will decide whether to suspend. The Board will request the Board in that jurisdiction to accept responsibility for the balance of the sentence, as is appropriate.

18.2.10 Notice of Apprehension

Upon receiving information of the parolee's apprehension and return to custody, the Board Office is responsible for notifying all agencies that received warrants and notice of suspension by forwarding to them a copy of the Notice of Apprehension.

18.2.11 Post Suspension Report

The Post Suspension Report should include an assessment of the information gathered from the supervisor's post suspension interview with the parolee. This should include the inmate's general progress, response to parole conditions, and any other relevant activities undertaken by the inmate. The report should also include a recommendation for cancellation of the suspension, if risk can be managed with enhanced conditions or termination or revocation of the parole.

This memorandum goes to the Board Member who authorized the suspension of parole with a copy to the Board Office within ten days of the parolee's recommitment to custody.


18.2.12 Post Suspension Decision: Time Limit

Within fourteen days after the recommitment of a suspended parolee to custody a Board Member (preferably one who authorized the suspension), shall review the case and:

• Cancel the suspension, reinstating parole on the original certificate
• Cancel the suspension, reinstating parole with a change of conditions (proposed changes must be disclosed, the parolee must agree to the changes and there must be a signed waiver to a hearing on file.)
• Refer the parolee for a post-suspension hearing

The Board Member will communicate the decision to the Board Office by telephone or fax, with a note to file.

Where a letter of warning is considered necessary the Member will request that with the reinstatement.

18.3 INOPERATIVE PAROLE

Where the provincial parolee receives an additional concurrent sentence while on parole and the Board has not terminated or revoked parole the parole becomes inoperative if according to the new sentence calculation the offender is not yet eligible for parole. Once the offender has reached the new parole eligibility date the offender is returned to parole.

Where the parolee receives a consecutive sentence and the Board does not terminate or revoke parole the parole becomes inoperative. The offender will serve one third of the new sentence and then be returned to parole on the original certificate.