Thank you, sir.
Good afternoon, Mr. Chair and members of the committee.
l'm pleased to have the opportunity to appear before you today to discuss private member's Bill C-483, which would amend the Corrections and Conditional Release Act.
The bill proposes to give the Parole Board of Canada, or PBC, almost exclusive authority to make decisions with respect to escorted temporary absences for those federal offenders who are serving sentences for first or second degree murder.
As you have heard from previous witnesses, escorted temporary absences, or ETAs, play an important role in the reintegration process of federal offenders. ETAs are a type of release in which an offender temporarily leaves a federal institution under escort. They can allow an offender to work towards elements of their correctional plan, to maintain relationships with sources of support in the community, to attend court obligations, or to receive medical attention. Moreover, ETAs are often the first opportunity for incarcerated offenders to be released into a community setting, and they afford them a critical opportunity to establish their credibility in order to ultimately be considered for conditional release in the community. Indeed, ETAs frequently represent the first step in a structured and gradual reintegration process.
Following the testimonies provided by the witnesses who last appeared before this committee, I believe members are familiar with the current legislative framework for ETAs, and therefore, I will not further elaborate on that point. However, I will provide information regarding CSC's role in the ETA process and in considering victims throughout this process. I will also provide some statistical information on this type of release. I will then conclude my remarks by briefly discussing the impact that Bill C-483, should it become law, would have on the Correctional Service of Canada.
The current process for an ETA begins with the receipt of an inmate's application, which the inmate's case management team will thoroughly review against the objectives of his or her correctional plan. The team will assess the level of risk posed to public safety and determine the need to impose any special conditions deemed necessary to manage an offender's risk. Based on the case management team's assessment, a recommendation is submitted to the decision-making authority.
Where CSC has granting authority, the application is made to the institutional head, and in cases where the PBC is the granting authority, the decision is made by way of a hearing or an in-office file review. During the assessment the case management team must consult with CSC's victim services unit in order to ensure that registered victims are informed of an ETA application. The Corrections and Conditional Release Act states that CSC must disclose the eligibility and review dates for parole and temporary absences to registered victims unless they request that CSC not do so. Of importance, CSC does inform registered victims when an offender has requested an ETA for which CSC is the releasing authority.
When CSC is the releasing authority, it considers victims' concerns and previous PBC concerns and decisions during case preparation. For instance, if a CSC decision is contrary to a previous Parole Board of Canada decision, CSC decision-makers must fully document the rationale for such a decision and demonstrate how concerns previously raised by the PBC have or have not been addressed within the context of the overall assessment of risk.
I would like to inform this committee that recently, since February 2014, CSC promulgated an internal case management policy which requires CSC's victim services unit to inform registered victims that they can submit an up-to-date statement for consideration, intended for the decision-maker, outlining any concerns they may have with respect to release destinations and special conditions, thus strengthening victim consideration in the decision-making process.
Mr. Chair, CSC's victim services will specifically ask victims to advise if they have any concerns about potential release locations and/or requests for conditions in view of an offender's eventual release on an ETA. All information provided to victim services is information that must be considered in the offender's release planning and can be detailed in case preparation and assessment documentation. In cases of an emergency escorted temporary absence, given the tight timeframes, any new information about victim concerns is to be submitted to the case management team and ultimately the releasing authority as soon as possible. This consultation process does not apply to medical emergency situations.
As I mentioned, CSC's victim services unit contacts all registered victims in advance of an offender being released on an ETA and will disclose the date and time of ETA, the destination, the duration, the conditions, and the reasons for the ETA.
If at any time the known safety concerns of registered victims cannot be properly addressed, the ETA is denied or cancelled.
Finally, once an offender completes an ETA, CSC is required to conduct an assessment in order to ensure that the initial objectives of the escorted temporary absence were successfully met. Research has demonstrated that inmates participating in reintegration ETAs prior to release on day parole, full parole, or statutory release have lower rates of readmission than similarly matched offenders who did not have a temporary absence. The data demonstrate that 78% of the offenders serving first or second degree murder sentences in the community participated in at least one successful ETA during their period of incarceration.
Mr. Chair, the total number of ETA decisions made by CSC increased by 13% from 2008-09, which reflected 1,223 decisions, to 1,383 decisions in 2012-13 for inmates serving a sentence for first- or second-degree murder. Of those ETA decisions, between 78% and 85% were approved by CSC, and approximately half were granted for the purpose of personal development for rehabilitative purposes. The percentage of successful ETAs for offenders sentenced to first- or second-degree murder at all security levels has remained constant since 2006-07, and that's been around 99%.
In concrete terms, since 2006-07, out of the 118,735 ETA permits granted to this group of offenders, 728 ETA permits were deemed unsuccessful. The majority of unsuccessful ETAs were attributed to offenders returning to the institution late, suspension of the ETA while in progress, and termination for reasons beyond the control of the offender.
Under this proposed private member's bill, CSC would retain the responsibility for the case preparation and assessment associated with escorted temporary absence applications regardless of the releasing authority. As such the anticipated effect to CSC's day-to-day activities would primarily be in the area of case management workload potentially being increased in relation to the preparation for more Parole Board of Canada hearings, and delivering presentations at those hearings.
Mr. Chair, CSC is committed to the successful rehabilitation of all federal offenders, and at the same time delivering the best possible public safety results to Canadians. Indeed, by continuing to allow inmates to maintain family and community ties and to participate in rehabilitative activities through ETAs, offenders are more likely to be successful once released into the community.
However, regardless of whether or not an offender is serving a life sentence for first- or second-degree murder, or whether a release decision rests with the CSC or the Parole Board of Canada, my staff will always ensure that all applications are assessed with the greatest consideration of the risk that he or she poses to the community, the concerns of victims, and the objectives of an offender's correctional plan. Should Bill C-483 become law, my staff will continue to provide the same thorough assessments for all escorted temporary absence decisions, and will assist our colleagues at the Parole Board of Canada in making the decisions that appropriately balance the rehabilitation of an offender with the concerns of victims and the safety of Canadian communities.
In closing, the Correctional Service of Canada will continue encouraging victims of offenders to register with CSC to receive timely information about the offender who harmed them. As well, the service values receiving information about the impact of the offence on the victim, and encourages victims to provide a victim statement, which is used by CSC during the decision process.
Thank you once again for the opportunity to appear before you today. At this time, I would be happy to take any questions you may have.