witchlinblue
01-14-2006, 02:02 AM
PAROLE vs. PROBATION
PAROLE
Parole is a program in which inmates who pass an extensive review are allowed to complete the remainder of their sentence in the community. Some people feel that inmates who get parole are having their sentence shortened. In fact, parolees must serve their complete sentence, following a set of conditions designed for the needs of the individual parolee to ensure minimum risk to the public and to support their rehabilitation effort. Inmates in Provincial Correctional Centres who choose not to apply for parole earn remission and typically are released without any supervision requirements after serving at least 2/3 of their sentence.
Eligibility for parole is prescribed by the Corrections and Conditional Release Act. Most inmates are eligible for a parole review after having served 1/3 of their sentence. There are exceptions. In the case of life sentences the sentencing Judge decides when the offender can apply for parole.
In all parole reviews, however, the actual decision to grant parole is made by a Parole Board. All parole decisions on inmates serving a sentence in a provincial correctional centre are made by the Board of Parole for the Province. The Board of Parole conducts hearings at all provincial correctional centres on a schedule. Usually, the Board's hearings are conducted by two Parole Board members who have an equal voting power. For an inmate to be granted parole, both Parole Board Members must agree to grant parole.
The decision is based on two tests:
a) Will the risk of the offender re-offending be minimal?
b) Will the granting of parole enhance the offender's rehabilitation in becoming a law abiding citizen?
The Board's decision is based on information about the offender's background, professional assessments by Corrections staff and the offender's statements to the Board at the parole hearing. During a hearing an offender can be assisted and receive support from one person. The Board of Parole also allows victims to make submissions at the hearing, either in writing or in person.
If the Board grants parole, it imposes a set of conditions that are designed to regulate the parolee's lifestyle to avoid a recurrence of offending and to ensure that the parolee follows their intended rehabilitation plan.
Enforcement of the parole certificate is rigorous. The onus for accountability and compliance to the conditions of parole belong to the parolee. This means that the violation of a condition will result in the parolee's arrest. The parolee then has to give an accounting to the Parole Board at a parole suspension hearing. The Board can then choose to reinstate the parole or to revoke it.
PROBATION
Probation is imposed by the Court and allows the offender to be supervised in the community during a specified period. Typically, the sentencing Judge will impose probation conditions that are designed to regulate behaviour and reinforce rehabilitation. Probation is also used as a means to assign reparation to victims, assign community service work or to order restitution to a victim.
Any offender convicted of an offence where there is not a prescribe minimum period of imprisonment is eligible to receive a probation disposition.
The sentencing Judge usually makes the decision about whether or not to impose probation based on the offenders background, the severity of the offence, whether there is a need to consider deterrence and, based on appeal court decisions and the practice of other courts, the usual type of sentence for the offence.
A court sentencing hearing is different from a parole hearing. In the court, usually one Judge sits as the decision-maker. The pre-hearing collection of information is much less extensive. In selected cases, the Judge will ask for a pre-sentence report prepared by a Probation Officer. However, in most cases the Judge relies upon the offence circumstances that are presented to the court. The Judge will make his or her decision about probation or prison based on offence circumstances, an offender's past criminal conduct and personal information.
The Judge can decide to impose probation, imprisonment, a fine or imprisonment followed by a period of probation supervision. If the offender receives a sentence of imprisonment with probation to follow, the offender can apply for parole during the prison portion of the sentence. Probation supervision will not start until the parole period is completed.
Enforcement of probation differs markedly from parole. If the offender violates probation, the probation officer must charge the offender with a "wilful violation of a probation order". Because the violation is regarded as an alleged criminal offence the probation officer must satisfy the Court that there was a wilful violation of the probation order. The probationer often remains in the community under supervision while the court hearing on the probation violation is proceeding.
With Permission (http://www.gov.bc.ca/bvprd/bc/content.do?brwId=@20IJ9|0YQtuW&navId=NAV_ID_province)
PAROLE
Parole is a program in which inmates who pass an extensive review are allowed to complete the remainder of their sentence in the community. Some people feel that inmates who get parole are having their sentence shortened. In fact, parolees must serve their complete sentence, following a set of conditions designed for the needs of the individual parolee to ensure minimum risk to the public and to support their rehabilitation effort. Inmates in Provincial Correctional Centres who choose not to apply for parole earn remission and typically are released without any supervision requirements after serving at least 2/3 of their sentence.
Eligibility for parole is prescribed by the Corrections and Conditional Release Act. Most inmates are eligible for a parole review after having served 1/3 of their sentence. There are exceptions. In the case of life sentences the sentencing Judge decides when the offender can apply for parole.
In all parole reviews, however, the actual decision to grant parole is made by a Parole Board. All parole decisions on inmates serving a sentence in a provincial correctional centre are made by the Board of Parole for the Province. The Board of Parole conducts hearings at all provincial correctional centres on a schedule. Usually, the Board's hearings are conducted by two Parole Board members who have an equal voting power. For an inmate to be granted parole, both Parole Board Members must agree to grant parole.
The decision is based on two tests:
a) Will the risk of the offender re-offending be minimal?
b) Will the granting of parole enhance the offender's rehabilitation in becoming a law abiding citizen?
The Board's decision is based on information about the offender's background, professional assessments by Corrections staff and the offender's statements to the Board at the parole hearing. During a hearing an offender can be assisted and receive support from one person. The Board of Parole also allows victims to make submissions at the hearing, either in writing or in person.
If the Board grants parole, it imposes a set of conditions that are designed to regulate the parolee's lifestyle to avoid a recurrence of offending and to ensure that the parolee follows their intended rehabilitation plan.
Enforcement of the parole certificate is rigorous. The onus for accountability and compliance to the conditions of parole belong to the parolee. This means that the violation of a condition will result in the parolee's arrest. The parolee then has to give an accounting to the Parole Board at a parole suspension hearing. The Board can then choose to reinstate the parole or to revoke it.
PROBATION
Probation is imposed by the Court and allows the offender to be supervised in the community during a specified period. Typically, the sentencing Judge will impose probation conditions that are designed to regulate behaviour and reinforce rehabilitation. Probation is also used as a means to assign reparation to victims, assign community service work or to order restitution to a victim.
Any offender convicted of an offence where there is not a prescribe minimum period of imprisonment is eligible to receive a probation disposition.
The sentencing Judge usually makes the decision about whether or not to impose probation based on the offenders background, the severity of the offence, whether there is a need to consider deterrence and, based on appeal court decisions and the practice of other courts, the usual type of sentence for the offence.
A court sentencing hearing is different from a parole hearing. In the court, usually one Judge sits as the decision-maker. The pre-hearing collection of information is much less extensive. In selected cases, the Judge will ask for a pre-sentence report prepared by a Probation Officer. However, in most cases the Judge relies upon the offence circumstances that are presented to the court. The Judge will make his or her decision about probation or prison based on offence circumstances, an offender's past criminal conduct and personal information.
The Judge can decide to impose probation, imprisonment, a fine or imprisonment followed by a period of probation supervision. If the offender receives a sentence of imprisonment with probation to follow, the offender can apply for parole during the prison portion of the sentence. Probation supervision will not start until the parole period is completed.
Enforcement of probation differs markedly from parole. If the offender violates probation, the probation officer must charge the offender with a "wilful violation of a probation order". Because the violation is regarded as an alleged criminal offence the probation officer must satisfy the Court that there was a wilful violation of the probation order. The probationer often remains in the community under supervision while the court hearing on the probation violation is proceeding.
With Permission (http://www.gov.bc.ca/bvprd/bc/content.do?brwId=@20IJ9|0YQtuW&navId=NAV_ID_province)