Safe Streets and Communities Act (S.C. 2012, c. 1)
Full Document:
Assented to 2012-03-13
Marginal note:1998, c. 35, s. 115
77. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exceptional cases
121. (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act — parole may be granted at any time to an offender
(2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exceptions
(2) Paragraphs (1)(b) to (d) do not apply to an offender who is
78. (1) Subsection 122(4) of the Act is replaced by the following:
Marginal note:No application for one year
(4) No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant day parole or cancels or terminates parole.
(2) Subsection 122(6) of the Act is replaced by the following:
Marginal note:Withdrawal of application
(6) An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
Marginal note:1995, c. 42, par. 69(g)(E)
79. (1) Subsections 123(1) and (2) of the Act are replaced by the following:
Marginal note:Full parole review
123. (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review the case of every offender who is serving a sentence of two years or more and who is not within the jurisdiction of a provincial parole board.
Marginal note:Waiver of review
(2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.
Marginal note:1995, c. 42, s. 37(2)
(2) Subsections 123(5) to (7) of the Act are replaced by the following:
Marginal note:Further review — Board does not grant parole
(5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until
(a) the offender is released on full parole or on statutory release;
(b) the offender’s sentence expires; or
(c) less than four months remain to be served before the offender’s statutory release date.
Marginal note:Further review — Board terminates or cancels parole
(5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until
(a) the offender is released on full parole or statutory release;
(b) the offender’s sentence expires; or
(c) less than four months remain to be served before the offender’s statutory release date.
Marginal note:No application for one year
(6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board does not grant full parole or cancels or terminates parole.
Marginal note:Withdrawal of application
(7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
Marginal note:2011, c. 11, s. 4(1)
80. Subsection 124(1) of the Act is replaced by the following:
Marginal note:Offenders unlawfully at large
124. (1) The Board is not required to review the case of an offender who is unlawfully at large during the period prescribed by the regulations for a review under section 122 or 123 but it shall review the case as soon as possible after being informed of the offender’s return to custody.
Marginal note:1995, c. 42, s. 41
81. Subsection 127(5) of the Act is replaced by the following:
Marginal note:If parole or statutory release revoked
(5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release is revoked is
(a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or
(b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.
Marginal note:If additional sentence
(5.1) If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence,
(a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and
(b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.
82. The Act is amended by adding the following after section 127:
Marginal note:Youth Criminal Justice Act
127.1 Subject to this Act, a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired.
Marginal note:2001, c. 27, s. 242
83. Subsections 128(3) and (4) of the Act are replaced by the following:
Marginal note:Sentence deemed to be completed
(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.
Marginal note:Removal order
(4) Despite this Act, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole.
Marginal note:1995, c. 42, ss. 44(2) to (4)
84. (1) Subsections 129(2) and (3) of the Act are replaced by the following:
Marginal note:Referral of cases to Board
(2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that
(a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,
(i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or
(ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or
(b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.
Marginal note:Referral of cases to Chairperson of Board
(3) If the Commissioner believes on reasonable grounds that an offender is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless
(a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or
(b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.
(2) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (iv):
(iv.1) section 163.1 (child pornography),
(3) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (vii):
(vii.1) section 172.1 (luring a child),
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