Mr. Speaker, I am also glad to participate in the debate on Bill C-262 presented by the member for Kootenay—Columbia. Criminal justice issues such as this one are of much concern to all Canadians and to myself.
The proposed bill would amend the Criminal Code. More specifically it would amend it such that it would allow a court to direct that a federal offender, that is to say any offender serving two years or more, comply with a probation order. Currently as it stands, the court's authority to impose a probation order is limited to provincial offenders. That is the way it should remain.
If the hon. member's proposal were carried through, there would be potential for conflict with the role and understanding of parole and other forms of conditional release for federal offenders. Frankly what would be the point if it is going to confuse the issues?
Federal sentences already incorporate an appropriate range of supervised releases which have been carefully put in place for the safe and controlled reintegration of offenders into the community.
As recently as last August the government introduced a new sentencing category to the Criminal Code called long term offender. A court which designates an offender as a long term offender will sentence the offender to a penitentiary sentence and a period of long supervision of up to a maximum of 10 years which begins when the period of incarceration, including parole, expires.
This is only one example of the measures that have been implemented to ensure the protection of society. There are many more I could give. To illustrate, there is work release, escorted and unescorted temporary absences, day parole, full parole, statutory release, and long term supervision as I have just mentioned. Let me take a moment to describe these supervised releases in more detail so that members of the House can appreciate the comprehensive range of release mechanisms that are in place for the safe reintegration of federal offenders into society.
First there is work release, which is a release program allowing a penitentiary inmate to work for a specified duration in the community on a paid or voluntary basis while under supervision. Generally an inmate is eligible for work release when he or she has served one-sixth of the sentence or six months, whichever is greater. The institutional head has the authority to grant a work release of up to a maximum period of 60 days under specified conditions which always include supervision.
Correctional authorities grant work release to carefully selected inmates who perform work and services of benefit to the community. Work release is one of the first steps in the safe gradual reintegration of offenders into society.
An escorted temporary absence is short term release to the community under escort. Most inmates are eligible for such an absence at any time during their sentence. The duration of an escorted temporary absence varies from an unlimited period for medical reasons for example to not more than 15 days for any other specified reason. Again the institutional head may authorize escorted temporary absences at his discretion. In certain instances involving lifers, National Parole Board approval is required.
For example, escorted temporary absences are granted to allow inmates to obtain treatment that is unavailable in the penitentiary, to attend critically ill family members and to prepare for other types of conditional release. An inmate may be granted an escorted temporary absence to meet with the staff of a community residential centre where he or she wishes to reside or to confirm employment as part of his or her release plan.
An unescorted temporary absence is another form of short term release but without an escort. Most inmates in the penitentiary system are eligible for unescorted temporary absences at one-sixth of the sentence or six months into the sentence, again whichever is later. Lifers and inmates with indeterminate sentences are not eligible for unescorted temporary absences until three years before their full parole eligibility date. Maximum security inmates are not eligible for this type of release.
An unescorted temporary absence can be for an unlimited period for medical reasons and for a maximum of 60 days for specified personal development programs. Unescorted temporary absences for community service or personal development can be for a maximum of 15 days, up to three times per year for a medium security inmate, or four times per year for a minimum security inmate. The duration of other types of unescorted temporary absences ranges from a maximum of 48 hours per month for a medium security inmate to 72 hours for a minimum security inmate.
Then there is parole. Parole is a form of conditional release which allows some offenders to serve part of their sentence in the community, provided they abide by certain conditions imposed. Because most offenders will ultimately be released into their communities, I believe the best way to protect the public is to help offenders reintegrate into society through a gradual and controlled supervised release.
Parole is a privilege rather than a right and the National Parole Board has discretion whether to grant that parole. In determining whether to grant parole board members carefully review information provided by victims, the courts, correctional authorities and the offender. In arriving at a decision the board considers a number of factors, above all the protection of society.
There are two types of parole, day parole and full parole. Day parole requires the offender to return to the institution or halfway house each evening unless otherwise specified by the National Parole Board. Most federal inmates can apply for a day parole at either six months into their sentence or six months before the full eligibility date, again whichever is later.
Day parole is normally granted up to a maximum of six months. Lifers, those serving for first and second degree murder, and inmates serving indeterminate sentences are eligible three years prior to full parole eligibility date. Day parole therefore provides inmates with the opportunity to participate in community based activities to prepare for full parole or eventual statutory release.
Full parole is a conditional release which allows an offender to serve the remainder of a sentence in the community. It is the culmination of an offender's gradual structured and controlled release program. Under this form of release an offender may live with his or her family and continue to work and contribute to society.
Next there is statutory release. As a general rule an inmate is legally entitled to be released into the community at two-thirds of the sentence. Similar to parole, offenders on statutory release serve the remaining third of their sentence in the community, again under supervision provided they abide by certain conditions. However, not all inmates are entitled to statutory release.
As I mentioned, there is a new sentencing category recently added to the criminal code called long term offender. This procedure is similar to the dangerous offender category process in place and applies to offenders convicted of sexual offences such as sexual assault, sexual interference, invitation to sexual touching, sexual exploitation, exposure, aggravated sexual assault and sexual assault with a weapon or causing bodily harm. The procedure is also applicable to an offender who committed another offence with a sexual component.
An offender designated as a long term offender at a special sentencing hearing will be sentenced to a penitentiary sentence and a period of long term supervision for up to a maximum of 10 years which starts when the period of incarceration, including any parole, expires. A court can impose long term supervision where in its judgment the risk presented by the offender can be managed in the community through appropriate supervision.
Every long term offender is subject to standard conditions such as keeping the peace. Special conditions can also be added to ensure close supervision of offenders such as electronic monitoring and mandatory participation in counselling. Correctional Service Canada provides the supervision in these cases.
The hon. member's proposal is well intentioned but falls short of the impact intended by the recent changes to the Corrections and Conditional Release Act added to the Criminal Code brought by the government to enhance the protection of the public. At the risk of repeating myself, federal probation would create a potential conflict with the role of parole and other forms of release appropriate for federal offenders.
Federal sentences already incorporate a comprehensive range of supervised releases for the safe and gradual integration of federal offenders into the community. Probation is a part of a variety of supervised releases which are suitable for provincial offenders and that is where the probation should remain in my opinion.