Safe Streets and Communities Act (S.C. 2012, c. 1)
Full Document:
Assented to 2012-03-13
Marginal note:1995, c. 42, s. 45(3)
85. Subsection 130(5) of the Act is replaced by the following:
Marginal note:Temporary absence with escort
(5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons.
Marginal note:1995, c. 42, s. 48(1)
86. Subsection 133(4.1) of the Act is replaced by the following:
Marginal note:Residence requirement
(4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.
Marginal note:1995, c. 42, subpar. 71(a)(xviii)(F)
87. Subsection 134(2) of the Act is repealed.
Marginal note:1997, c. 17, s. 30
88. Subsection 134.2(2) of the Act is repealed.
Marginal note:1995, c. 42, s. 50(2)
89. (1) Subsection 135(2) of the Act is replaced by the following:
Marginal note:Automatic suspension of parole or statutory release
(1.1) If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed.
Marginal note:Apprehension and recommitment
(1.2) If an offender’s parole or statutory release is suspended under subsection (1.1), a member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize the offender’s apprehension and recommitment to custody until
(a) the suspension is cancelled;
(b) the parole or statutory release is terminated or revoked; or
(c) the sentence expires according to law.
Marginal note:Transfer of offender
(2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary.
Marginal note:1995, c. 42, s. 50(3)
(2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Cancellation of suspension or referral
(3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, immediately after the recommitment of the offender, review the offender’s case and
(3) Section 135 of the Act is amended by adding the following after subsection (3):
Marginal note:Referral to Board — additional sentence
(3.1) If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3).
Marginal note:1995, c. 42, ss. 50(4) and (5)
(4) Subsection 135(5) of the Act is replaced by the following:
Marginal note:Review by Board — sentence of two years or more
(5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless the Board, at the offender’s request, adjourns the hearing or a member of the Board or a person designated, by name or position, by the Chairperson postpones the review —
(a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,
(i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and
(ii) revoke it in any other case;
(b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and
(c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.
(5) Section 135 of the Act is amended by adding the following after subsection (6.1):
Marginal note:If parole eligibility date in future
(6.2) If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be.
Marginal note:Cancellation of parole — parole eligibility date in future
(6.3) If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole.
Marginal note:Review
(6.4) If the Board exercises its power under subsection (6.3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review — and either confirm or cancel — its decision.
Marginal note:1995, c. 22, s. 18 (Sch. IV, item 19), c. 42, s. 50(7); 1997, c. 17, s. 32.1
(6) Subsections 135(9.1) to (9.5) of the Act are replaced by the following:
Marginal note:Non-application of subsection (1.1)
(9.1) Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who
(a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or
(b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.
Marginal note:Parole inoperative
(9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated.
Marginal note:1997, c. 17, s. 33
90. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following:
Marginal note:Review by Board
(6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),
(a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or
Marginal note:1997, c. 17, s. 33
91. Section 136 of the Act is replaced by the following:
Marginal note:Warrant for apprehension and recommitment
136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if
(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or
(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).
92. The Act is amended by adding the following after section 137:
Marginal note:Arrest without warrant — breach of conditions
137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer
(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to
(i) establish the identity of the person, or
(ii) prevent the continuation or repetition of the breach; and
(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
- Date modified: