Crim final exam!

• Provincial/ territorial system


  Sentence 2 years less a day, responsable for youth, denied bail, awaiting bail
• Current controversies and future concerns

  Safe streets and communities act + inmate populations with various needs
• Inmate populations with various needs

  -indigenous

  -senior citizens

  -neurological conditions

  -gender minority
• Safe streets and communities act

  restricted the use of conditional sentences and expand the use of mandatory minimums, lead to an increase in custodial population
• Provincial facilities in NB

  -Dalhousie regional correctional sentence

  -Madawaska regional correctional centre

  -New Brunswick women's correctional centre

  -southeast regional correctional centre (biggest)

  -St John regional correctional centre
• Inmate segregation


  -commonly known as "solitary confinement"

  -2018 segregation was deemed unconstitutional by Supreme Court

  -segregation was replaced with structured intervention units (SIU'S)
• Issues associated with incarcerated older offenders

  -health factors and chronic conditions require in-house treatment

  -mobility and sensory impairments

  -expensive retrofitting to accommodate daily needa
• Social and safety challenges of older offenders

  -potential targets of bullying: perceived inability to protect themselves

  -may find it challenging to access recreational activities

  -morally, it is imperative to provide compassionate and dignified care, particularly where terminally ill inmates are concerned
• Sex offenders


  -majority are male

  -low on the inmate hierarchy, can be subject to abuse

  -may volunteer for segregation

  -subject to community notification and sex offenders registration
• Substance use in prison

  -physical health concerns of detoxification

  -smuggling is a major concern for security personnel

  -because of the significant health concerns around substance use, a harm reduction approach is taken
• Female offenders


  -42% are indigenous

  -mothers and often primary caregivers

  -fewer women incarcerated and less female facilities
• Women minimum/medium security


  -housing unitys: communal living area, responsible for daily tasks

  -structured living: increased mental health support
• Offenders with mental health disorders

  -significant amount of inmates diagnosed with mental disorder

  -all federal institutions are required to provide psychological services to offenders as needed
• Psychological assessment requirement


  -address mental health needs

  -reference the inmates level of risk if being considered for release

  -be culturally and gender sensitive
• Safety and suicide concerns

  -self-injurious behaviour must be seen as a mental health concern, not a matter of security

  -therapeutic and crisis interventions are available to federal inmates (many institutions insufficient resources to carry interventions)
• Most common gangs in prison

  -Motorcycle

  -Asian

  -Indigenous

  -Cults and extremists

  -White supremacists

  -other hate groups or street gangs
• Gangs


  -prairie region has highest number of gang affiliated prisoners

  -to get contraband, status, make relationships/ friendships
• Dangerous offenders (DO's)


  -some housed separately from the general prison population based on the nature of their crimes

  -segregation/ long sentences cause issues in programming

  -826 in 2019
• Programs developed for DO's

  -sexual deviance treatment

  -Intensive violence prevention programs

  -Mental disorder treatments

  -educational problems
• Offenders gender identity and sexual orientation

  -sexual diversity is not often acknowledged/ accepted in prisons

  -coerced/ forced sexual activities are more common in male correctional facilities
• Transgender inmates


  -often experience harassment, physical/ verbal/ sexual abuse (in and outside of prison facilities)
• Correctional service Canada policy for transgender inmates

  -referral to psychiatrist

  -availability of hormone therapies

  -sex re-assignment surgeries
• Conditional release


  -certain conditions apply to the release inmates

  -the offender can be returned to prison at any time until their sentence expires if they are at risks of violating conditions or committing crime
• Types of conditional release

  -temporary absences

  -day parole

  -full parole

  -statutory release
• Temporary absences


  -escorted temporary absence (ETA) (doctor appointment, funeral)

  -unescorted temporary absence (UTA) (must serve at least 1/6th already)

  -work release: minimum and medium only
• Day parole


  -offenders can leave the institution during the day and return at night (1/3 must be served at least)
• Full parole


  -offenders resides in the community for the remainder of the sentence, subject to conditions (1/3 or 7 years)
• statutory release


  -mandatory release for most federal offenders at 2/3 of their sentence

  -may have a condition to reside in halfway house

  -parole board may order detention if there are reasonable grounds to believe the offender is likely to commit a sexual offence involving a child, causing death, serious harm, serious drug offence before the end of their sentence
• Conditional release with indigenous inmates

  -indigenous people are overrepresented in the criminal justice system

  -an increasing number of services, supports, partnerships, and programs within federal/ provincial correctional systems have been designed to respond to the unique needs of indigenous offenders

  -lower federal day and full parole grant rates
• Elder-assisted hearing


  -culturally responsive hearing for First Nations, Métis, and Inuit offenders

  -held in circle format, elder introduced to group, option for smudge or prayer

  -the elder provides information about culture and traditions

  -offer support/ guidance to the offender

  Not apart of the decision process
• Conditional release process


  -Application

  -pre-parole investigation

  -risk assessment

  -hearing

  -supervision and enforcement
• CLP application


  -identify parole sponsor

  -provide veritable residences

  -plan for treatment and/or counselling following release

  -provide plans to secure employment and/or attend school
• CLP pre-parole investigation


  -victims contacted and invited to make submission
• Conditional release benefits


  -evidence supports gradual and structural release of offenders is the safest strategy

  -lower rates of reoffending

  -redacted costs of prison systems
• Youth crime


  -courts recognize that youth have a different level of cognitive development, self-regulation, and maturity than adults

  -youth courts have jurisdiction over 12-18 year olds

  -brain develops fully at 26
• Science and criminology


  -frontal lobe is the last to fully develop (reasoning, decision-making, self control)

  -crime rates indicate that younger offenders commit the most crimes
• Juvenile delinquents act (JDA)

  -1900s

  -welfare focus (tied to social services)

  -focus on treatment not punishment

  -inclusion of offences adults would not be held to
• Young Offenders Act (YOA)

  -1984

  -from welfare to adult criminal law mode (promote shorter sentences)

  -increased use of youth court + custodial sanctions

  -Canada highest youth incarceration rate in westernized countries
• Common youth offences


  -breaking and entering

  -mischief

  -theft under 5000$

  -level 1 assaults
• Youth Criminal Justice Act (YCJA)

  Youth diversion + Extrajudicial sanctions