PROBATIONPROBATION ANDANDPAROLEPAROLE

Presented by: Presented by: Kara HumeKara Hume

OverviewOverview Probation and Parole:Probation and Parole: falls under the Ministry of Community Safety falls under the Ministry of Community Safety

and Correctional Servicesand Correctional Services Legislative Mandate: Legislative Mandate: “…to supervise the detention and release of “…to supervise the detention and release of

inmates, parolees, probationers and young persons and to create for inmates, parolees, probationers and young persons and to create for them a social environment in which they may achieve changes in them a social environment in which they may achieve changes in attitude by providing training, treatment and services designed to attitude by providing training, treatment and services designed to afford them opportunities for successful personal and social afford them opportunities for successful personal and social adjustment in the community…”adjustment in the community…”

MCSCS: MCSCS: responsible for supervising all adult offenders 18 yrs and responsible for supervising all adult offenders 18 yrs and over whom: over whom: Are on ProbationAre on Probation Are on Provincial ParoleAre on Provincial Parole Are in custody awaiting trialAre in custody awaiting trial Are in custody awaiting sentencing or other judicial proceduresAre in custody awaiting sentencing or other judicial procedures Have received sentences not exceeding 2 years less a dayHave received sentences not exceeding 2 years less a day

- Operates:Operates: institutional facilities such as jails, detention centres, institutional facilities such as jails, detention centres, correctional centres, treatment centres and P&P officescorrectional centres, treatment centres and P&P offices

Continued…Continued…

Our Vision:Our Vision:

“ “ Enhance community safety through effective offender supervision, Enhance community safety through effective offender supervision, care, custody and intervention, thereby influencing positive care, custody and intervention, thereby influencing positive behavioural change and reintegration of offenders into the community behavioural change and reintegration of offenders into the community as productive citizens.”as productive citizens.”

Our Mission:Our Mission:

“ “ To be a world leader in correctional services by maintaining safe, To be a world leader in correctional services by maintaining safe, secure and humane institutional environments and, providing effective secure and humane institutional environments and, providing effective supervision of offenders in the community.”supervision of offenders in the community.”

CriminalCriminal JusticeJustice SystemSystem

Provincial Justice System- Probation and ParoleProvincial Justice System- Probation and Parole

any custody sentenced of two years less a day (+ any PRO)any custody sentenced of two years less a day (+ any PRO) Inmates serviced by Ministry of Community Safety and Inmates serviced by Ministry of Community Safety and

Correctional ServicesCorrectional Services Parolees supervised by Provincial Probation and Parole Officers Parolees supervised by Provincial Probation and Parole Officers

with the MCSCSwith the MCSCS

Federal Justice System- ParoleFederal Justice System- Parole

Any custody sentence over two yearsAny custody sentence over two years Inmates are serviced by Corrections CanadaInmates are serviced by Corrections Canada If granted Parole, Corrections Canada supervises If granted Parole, Corrections Canada supervises

Criminal Justice System: Criminal Justice System:

Trial SequenceTrial Sequence

 

Laying of Information by

J.P.

Release by Police on a Promise to

Appear or Recognizance

Warrant

Bail Hearing

Arrest

Release on Bail

Held in Custody

Summons

Alm

Fail to complete/ Found not suitable

Completed

Charge Withdrawn

Not Guilty

Adjournments

Preliminary Hearing

Trial

Charge Dismissed

Found Guilty

No conviction

Conviction

Jail + PRO

Fine Jail Conditional Sentence

Suspended Sentence

Fine and PRO

Conditional Discharge

& PRO

Absolute Discharge

1st Court Appearance

Guilty Plea

Dispositions

TrialTrial SequenceSequence DefinitionsDefinitions Laying of Information:Laying of Information:

is prepared in writing before a Justice of the Peace- commences all is prepared in writing before a Justice of the Peace- commences all proceedingsproceedings

no summons, warrant, or subpoena until an Information is laidno summons, warrant, or subpoena until an Information is laid official when the Justice signs itofficial when the Justice signs it Probation Officer can swear to an InformationProbation Officer can swear to an Information

Warrant:Warrant: Is pursued when the whereabouts of the offender are UNKNOWNIs pursued when the whereabouts of the offender are UNKNOWN

Summons:Summons: Is pursued when the whereabouts of the offender are KNOWNIs pursued when the whereabouts of the offender are KNOWN

Bail Hearing: Bail Hearing: The Crown Attorney must “show cause” as to why the accused The Crown Attorney must “show cause” as to why the accused

should not be releasedshould not be released Justice may order the accused detained orJustice may order the accused detained or Release the accused on recognizance and on conditions imposed by Release the accused on recognizance and on conditions imposed by

the J.P. (similar idea to a Probation Order with conditions)the J.P. (similar idea to a Probation Order with conditions)

InstitutionsInstitutions Correctional Centres: Correctional Centres: houses offenders serving periods of houses offenders serving periods of

incarceration from 60 days to a maximum of 2 years less a dayincarceration from 60 days to a maximum of 2 years less a day Jails (smaller) and Detention Centres (larger): Jails (smaller) and Detention Centres (larger):

Persons on remand (awaiting trial, sentencing or other proceedings)Persons on remand (awaiting trial, sentencing or other proceedings) Offenders sentenced to short terms (approx 60 days or less)Offenders sentenced to short terms (approx 60 days or less) Offenders awaiting transfer to a federal or provincial correctional Offenders awaiting transfer to a federal or provincial correctional

facilityfacility Are maximum securityAre maximum security

Treatment Centres: Treatment Centres: provide treatment for motivated offenders with provide treatment for motivated offenders with identified problems relating to substance abuse, sexual misconduct,identified problems relating to substance abuse, sexual misconduct,

impulse control and anger managementimpulse control and anger management

Sentencing OptionsSentencing Options Absolute DischargeAbsolute Discharge Conditional DischargeConditional Discharge Suspended SentenceSuspended Sentence ProbationProbation RestitutionRestitution

Fines and Community ServiceFines and Community Service Conditional SentenceConditional Sentence Intermittent ImprisonmentIntermittent Imprisonment ImprisonmentImprisonment

Absolute DischargeAbsolute Discharge: most lenient disposition where the accused is “found : most lenient disposition where the accused is “found guilty” of an offence but NO conviction is registered. guilty” of an offence but NO conviction is registered.

A person granted this would NOT be on ProbationA person granted this would NOT be on Probation Automatically removed 1 year from court decisionAutomatically removed 1 year from court decision

Conditional DischargeConditional Discharge: accused is “found guilty” of the offence, : accused is “found guilty” of the offence, however, there is NO conviction (Police record- NO criminal record)however, there is NO conviction (Police record- NO criminal record)

Released “conditionally” in form of a Probation Order (common for Released “conditionally” in form of a Probation Order (common for first time offenders and less serious offences)first time offenders and less serious offences) Supervised by a Probation OfficerSupervised by a Probation Officer Automatically removed 3 years from court decisionAutomatically removed 3 years from court decision

Continued…

Suspended SentenceSuspended Sentence: there is a finding of guilt and a CONVICTION: there is a finding of guilt and a CONVICTION

RestitutionRestitution: payment to victim (expenses resulting from crime i.e.: : payment to victim (expenses resulting from crime i.e.: theft)theft)

FinesFines: offender to pay as required by Court (involves a conviction): offender to pay as required by Court (involves a conviction) Community ServiceCommunity Service: offender has to complete up to 240 hours of : offender has to complete up to 240 hours of

unpaid work for the community unpaid work for the community Conditional SentenceConditional Sentence: a sentence of imprisonment (less than 2 years) : a sentence of imprisonment (less than 2 years)

served in the community instead of jail (may have electronic served in the community instead of jail (may have electronic supervision)supervision)

Intermittent ImprisonmentIntermittent Imprisonment: a custodial sentence served : a custodial sentence served intermittently (not consecutive) or on weekendsintermittently (not consecutive) or on weekends

ImprisonmentImprisonment: 2 years less a day is maximum in Provincial system: 2 years less a day is maximum in Provincial system 2 years or more is served in Federal system2 years or more is served in Federal system

Continued… Additional Conditions:Additional Conditions:

ReportingReporting Abstain from substance Abstain from substance

(alcohol/drugs)(alcohol/drugs) Abstain from possession of Abstain from possession of

weaponsweapons Attend and actively Attend and actively

participate in any participate in any counselling/treatment counselling/treatment recommended by POrecommended by PO

Obey a curfewObey a curfew

Not to associate, contact, or Not to associate, contact, or hold any communication with hold any communication with named person (victim/named person (victim/co-accused)co-accused)

Not to be within designated Not to be within designated distance (prohibited contact)distance (prohibited contact)

Community serviceCommunity service RestitutionRestitution Reside at specified addressReside at specified address Maintain employment/attend Maintain employment/attend

schoolschool

Revocation: Revocation:

pertains to a Conditional Discharge and a Suspended Sentencepertains to a Conditional Discharge and a Suspended Sentence

same Judge brings offender back to court and imposes originalsame Judge brings offender back to court and imposes original

Sentence if they re-offend while on ProbationSentence if they re-offend while on Probation

Variation:Variation:

when someone requests a change, addition, deletion of conditionwhen someone requests a change, addition, deletion of condition

Probation Probation (Provincial)(Provincial)

Definition:Definition: A legal disposition which authorizes the offender to remain A legal disposition which authorizes the offender to remain within the community, while abiding by certain conditions under the within the community, while abiding by certain conditions under the supervision of a Probation Officer.supervision of a Probation Officer.

Aim:Aim: To protect society through the supervision and rehabilitation of the To protect society through the supervision and rehabilitation of the offender within the community setting.offender within the community setting.

Length of Time:Length of Time: Any period of time up to a maximum of 3 years Any period of time up to a maximum of 3 years (Adult). The Order takes effect the day it is made unless there is a jail (Adult). The Order takes effect the day it is made unless there is a jail term.term.

Legal Requirements:Legal Requirements: Probationers must observe the conditions of a Probationers must observe the conditions of a Probation Order which are stipulated by the Court.Probation Order which are stipulated by the Court.

Mandatory Conditions (can never vary/change): Mandatory Conditions (can never vary/change): Keep the peace and be of good behaviour Keep the peace and be of good behaviour Appear before the Court when required to do soAppear before the Court when required to do so Notify the Court or Probation Officer Notify the Court or Probation Officer in advancein advance of any change of any change

of name or addressof name or address Notify the Court or Probation Officer of any change in Notify the Court or Probation Officer of any change in

employment or occupationemployment or occupation

Fail to Comply Fail to Comply (Breach)(Breach)

DefinitionDefinition:: when the offender without “reasonable excuse” does not when the offender without “reasonable excuse” does not comply with the conditions specified on the Probation Ordercomply with the conditions specified on the Probation Order Under Section 733.1 of Criminal Code of CanadaUnder Section 733.1 of Criminal Code of Canada Can be either a Summary, Indictable, or Hybrid OffenceCan be either a Summary, Indictable, or Hybrid Offence Needs ‘Mens Rea’ and ‘Actus Rea’Needs ‘Mens Rea’ and ‘Actus Rea’

Summary Offence:Summary Offence:

offence is considered less seriousoffence is considered less serious

maximum penalty is up to 18 months imprisonment and/or a $ maximum penalty is up to 18 months imprisonment and/or a $ 2000 fine2000 fine

Indictable Offence:Indictable Offence:

offence is considered more seriousoffence is considered more serious

maximum penalty is up to 2 years imprisonmentmaximum penalty is up to 2 years imprisonmentHybrid Offence:Hybrid Offence:

can be either summary or indictable depending on how Crown elects can be either summary or indictable depending on how Crown elects to proceedto proceed

Continued…

Mens ReaMens Rea Accused must be shown to have a guilty mind (mens rea)Accused must be shown to have a guilty mind (mens rea) Done with intentionDone with intention Needs to be clearly demonstratedNeeds to be clearly demonstrated Demonstrated by accused: Demonstrated by accused:

Knows what he is supposed to do or not to doKnows what he is supposed to do or not to do Aware of consequences of non-complianceAware of consequences of non-compliance IntentionalIntentional Capable of complying with conditions (i.e. failed to report b/c Capable of complying with conditions (i.e. failed to report b/c

did not want to v.s. physically unable to) did not want to v.s. physically unable to)

Actus ReaActus Rea

the specific act (for which a criminal sanction is imposed)the specific act (for which a criminal sanction is imposed)

Who- i.d. of accusedWho- i.d. of accused

What- the violationWhat- the violation

When and where- time and place of violationWhen and where- time and place of violation

Intent- must be shown and provenIntent- must be shown and proven

Parole Parole (Provincial)(Provincial)

Definition: Definition: early release of offender from jail before their term is up early release of offender from jail before their term is up (have to abide by conditions of a Parole Certificate)(have to abide by conditions of a Parole Certificate)

Aim: Aim: to protect society through supervision and rehabilitation of offenderto protect society through supervision and rehabilitation of offenderOverview: Overview: granted by OPERB (Ontario Parole and Earned Release granted by OPERB (Ontario Parole and Earned Release

Board)Board) Sentences less than 6 months must apply for early ParoleSentences less than 6 months must apply for early Parole Inmate serves 1/3 of sentence before offender can be released on Inmate serves 1/3 of sentence before offender can be released on

ParoleParole

Variations: Variations: only members of OPERB can vary the conditionsonly members of OPERB can vary the conditions

Suspensions: Suspensions: when Parolee violates conditions of Certificate a warrant is when Parolee violates conditions of Certificate a warrant is immediately issuedimmediately issued

Board can either revise Certificate, re-release, or revokeBoard can either revise Certificate, re-release, or revoke

PardonsPardons Process provided for under the Criminal Records ActProcess provided for under the Criminal Records Act Allows people to with convictions to apply for a PardonAllows people to with convictions to apply for a Pardon Must wait a certain period of time after sentence is complete before Must wait a certain period of time after sentence is complete before

applying (summarily- 3 years) (indictment- 5 years)applying (summarily- 3 years) (indictment- 5 years) If granted the records are kept separate and can not be disclosed If granted the records are kept separate and can not be disclosed

without permission from the Solicitor General of Canadawithout permission from the Solicitor General of Canada The record is The record is notnot destroyed destroyed A pardon can be revoked if person is convicted or found guilty of A pardon can be revoked if person is convicted or found guilty of

subsequent offencesubsequent offence Have to apply for a Pardon for each convictionHave to apply for a Pardon for each conviction United States does United States does notnot recognize a Canadian Pardon recognize a Canadian Pardon

ReportsReports Pre-sentence Report:Pre-sentence Report:

is requested by the Judge after the offender is found guilty and is requested by the Judge after the offender is found guilty and before the passing of a sentencebefore the passing of a sentence

Points out problem areas in their lives and his/her capacity for Points out problem areas in their lives and his/her capacity for utilizing opportunities available in communityutilizing opportunities available in community

Probation Officer will take and assess the information and make Probation Officer will take and assess the information and make recommendations (types of conditions)recommendations (types of conditions)

Pre-parole Report: Pre-parole Report: when offender requests early release from incarcerationwhen offender requests early release from incarceration Probation Officer assesses similar information as in PSR and the Probation Officer assesses similar information as in PSR and the

viability of their release planviability of their release plan Incident Report:Incident Report:

Re-offence by offender of serious nature (e.g. forcible Re-offence by offender of serious nature (e.g. forcible confinement, robbery)confinement, robbery)

Death of clientDeath of client

Intake ProcessIntake Process Offender is sentenced and reports to P&P office for assignmentOffender is sentenced and reports to P&P office for assignment PO has basic information of offenderPO has basic information of offender

Risk Screening (in appendix)Risk Screening (in appendix) Offenders first meeting with PO consists of:Offenders first meeting with PO consists of:

Acknowledgement of Court Order (in appendix)Acknowledgement of Court Order (in appendix) Referral information (CSO etc)Referral information (CSO etc) Assessment (LSI-OR- in appendix)Assessment (LSI-OR- in appendix)

AssessmentAssessment Level of Service Inventory- Ontario Revision (LSI-OR)Level of Service Inventory- Ontario Revision (LSI-OR)

Is utilized to determine the level of risk the offender poses to Is utilized to determine the level of risk the offender poses to society and what their specific needs aresociety and what their specific needs are

Includes information pertaining to: family/friends, criminal Includes information pertaining to: family/friends, criminal history, substance use, leisure, companions, history, substance use, leisure, companions, education/employmenteducation/employment

Looks at responsivity concerns: the responsiveness of offenders to Looks at responsivity concerns: the responsiveness of offenders to particular programs (e.g. motivation as a barrier)particular programs (e.g. motivation as a barrier)

Helps to determine case management for the offender (how to Helps to determine case management for the offender (how to accomplish goals on the Order)accomplish goals on the Order)

Determines their Stage of ChangeDetermines their Stage of Change

Stages of ChangeStages of Change Precontemplative: Precontemplative:

little interest or intention in changing behaviourlittle interest or intention in changing behaviour Place blame on others for their behavioursPlace blame on others for their behaviours

Contemplative:Contemplative:

have conflicting feelings on change (pull towards change/tug to have conflicting feelings on change (pull towards change/tug to remain the same)remain the same)

Preparation: Preparation:

starting to make plans for changestarting to make plans for change

see the benefits of changesee the benefits of change Action: Action:

starts making changesstarts making changes Maintenance: Maintenance:

sustain the change for at least 6 monthssustain the change for at least 6 months Termination:Termination:

problem behaviour no longer a problem (debate as to whether problem behaviour no longer a problem (debate as to whether this stage existsthis stage exists

ConfidentialityConfidentiality We are bound to maintain confidentiality EXCEPT for the following:We are bound to maintain confidentiality EXCEPT for the following:

Disclosure of any abuse towards childrenDisclosure of any abuse towards children Disclosure of past committal of offence or about to commit Disclosure of past committal of offence or about to commit

another offenceanother offence Disclosure of any harm towards themselves or othersDisclosure of any harm towards themselves or others

Information Sharing:Information Sharing:

require offender’s permission to share and collect information require offender’s permission to share and collect information from agencies (John Howard Society, employment)from agencies (John Howard Society, employment)

are two different types of forms: Personal Health (PHIPA) release are two different types of forms: Personal Health (PHIPA) release form and MCSCS release form (in appendix)form and MCSCS release form (in appendix)

How Do You Become a How Do You Become a Probation Officer?Probation Officer? Education:Education:

University Education ( I attended the University of Guelph and University Education ( I attended the University of Guelph and took Criminal Justice and Public Policy)took Criminal Justice and Public Policy)

Areas of study can include: psychology, sociology, criminologyAreas of study can include: psychology, sociology, criminology

Volunteer:Volunteer:

Hamilton Wentworth Association of Volunteer Probation and Hamilton Wentworth Association of Volunteer Probation and Parole OfficersParole Officers

Employment Opportunities:Employment Opportunities:

search on search on http://www.gojobs.gov.on.ca/ summer student (need to be 18 and older and either in or summer student (need to be 18 and older and either in or completed post-secondary education)completed post-secondary education)

Liaising/CollateralsLiaising/Collaterals Children’s Aid SocietyChildren’s Aid Society John Howard SocietyJohn Howard Society Elizabeth Fry SocietyElizabeth Fry Society Alcohol, drug, gambling Alcohol, drug, gambling

ServicesServices DoctorsDoctors Pyschiatrists/counsellorsPyschiatrists/counsellors SheltersShelters

ParentsParents SiblingsSiblings PartnersPartners SchoolsSchools EmployersEmployers

Elizabeth Fry SocietyElizabeth Fry Society

TrainingTraining Probation and Parole Basic Training:Probation and Parole Basic Training:

5 weeks of intermittent training at Ontario Correctional Services 5 weeks of intermittent training at Ontario Correctional Services College (Bell Cairn- located in Hamilton)College (Bell Cairn- located in Hamilton)

Working with Domestic Violent OffendersWorking with Domestic Violent Offenders Working with Female Victims of Domestic ViolenceWorking with Female Victims of Domestic Violence Working with Sex OffendersWorking with Sex Offenders Education Sessions (Service Delivery Model/Skills for Better Living)Education Sessions (Service Delivery Model/Skills for Better Living)

Frequently Asked QuestionsFrequently Asked Questions What is it like working with criminals?What is it like working with criminals? How are you able to speak with sex offenders?How are you able to speak with sex offenders? Is it scary?Is it scary? Do you work in the jails?Do you work in the jails? How many people are on the case load?How many people are on the case load? Do you have to go to court a lot?Do you have to go to court a lot? What is it like being on the stand in court?What is it like being on the stand in court? How so you help the offenders?How so you help the offenders? Do you feel like you have made a change with any of the offenders?Do you feel like you have made a change with any of the offenders? Have you ever had any offenders with serious offences?Have you ever had any offenders with serious offences? Has anyone ever brought any weapons to their appointments?Has anyone ever brought any weapons to their appointments? Do you work with the Police?Do you work with the Police? Why did you become a Probation and Parole Officer?Why did you become a Probation and Parole Officer? Is the job a lot of work?Is the job a lot of work? What is your favourite thing about being a PPO?What is your favourite thing about being a PPO?

QUESTIONS???QUESTIONS???