8.2 - Correctional System

Federal & Provincial Institutions

Persons in Canada that are sentenced to jail after pleading or being found guilty of a crime will serve their sentence in either a federal or provincial correctional institution.  Sentences over 2 years in length will be served in a federal institution.  There are currently 53 federal correctional institutions in Canada, and 8 operating in BC (located mainly in the Lower Mainland and Fraser Valley regions).  Federal corrections are under the jurisdiction and leadership of the Correctional Service of Canada (CSC).

Inmates in federal institutions are assigned a minimum, medium, or maximum security level at the beginning of their incarceration.  This level is based on several factors, but most importantly these three:  offender's behaviour and ability to adjust to institutional setting, offender's risk to escape, and offender's risk to public safety should they escape.  The offender is then assigned to an institution that matches their security level.  Here is a summary of characteristics of each federal prison security level:

Maximum Security:

• • secured facility (high walls, razor wire, etc.)

  • armed correctional officers

  • holds dangerous offenders

  • very structured living environment

Medium Security:

• • fewer physical barriers

  • fewer corrections officers

  • prisoners have more freedom and social contact

Minimum Security:

• • no external physical barriers

  • unarmed corrections officers

  • more access to employment and education programs

Sentences less than 2 years in length will be served in provincial institutions.  There are 10 provincial correctional institutions in BC.  These are scattered around the province, including Vancouver Island.  BC provincial correctional facilities are under the jurisdiction and leadership of BC Corrections.  Like their federal counterparts, provincial facilities also have different security levels.  Here is a summary of the security classification levels found within BC's correctional institutions:

Secure Classification Level:

• • secured facility

  • highest level of supervision and structured environment

  • dangerous offender or flight risk

Medium Classification Level:

• • separation from other inmates

  • less structure than secure

  • offenders requiring psychiatric care or protection from other inmates

Open Classification Level:

• • least secure facility

  • non-violent offenders - not flight risks

  • inmates with least risk to public safety

Incarceration is expensive.  Building and staffing correctional facilities requires a sizable financial investment from various levels of government.  Although some institutions are most expensive to operate than others (eg. maximum security), each one costs taxpayers a lot of money.  For example, the average cost of incarceration for an inmate in Canada is now over $150,000 per year.  All of Canada's correctional facilities are government owned and operated, and therefore none are privately owned.

Release from Prison

Most prison sentences are not for life, so eventually most inmates are released.  Being permitted to leave prison early may take the form of parole or some form of early  release.  First, parole is the early release into the community of an inmate on the promise of good behaviour.  Parole applications are evaluated by the National Parole Board (NPB), and they make the decisions regarding whether an inmate will receive parole or not.  The NPB considers the following elements when making their decision:

• details of the offense

• offender’s...

  • criminal history

  • social problems (drugs, etc.)

  • family status

  • mental status

  • performance on earlier releases

  • psychiatric reports

• opinions of various experts

• victim impact statement

There are two types of parole:  day parole, and full parole.  Day parole usually comes first, and it is the conditional absence from custody during the day only.  Inmates return to prison in the evening.  On the other hand, full parole is the conditional release from custody after an inmate has served at least ⅓ to ½ of a sentence.

The second manner in which inmates may finish a prison term is through some form of release.  One such example is a statutory release, which is the release, by law, after someone has served ⅔ of a sentence.  Another type of release is a conditional release.  This is where a person leaves custody, but finishes the term of their sentence in the community, perhaps participating in community service or treatment.  A third type of release is an unescorted temporary absence, and this is where someone is briefly (few hours to few days) released from prison to participate in community service or for personal reasons.  The fourth and final type is a work release.  Here, an inmate may conditionally leave prison to perform paid or volunteer work under supervision.  Many of the parole and release options discussed above are intended to help incarcerated people to reintegrate back into society.

Pardons

People that have been convicted of criminal offenses will receive some type of sentence.  Once they have served their sentence, these convicted persons may continue to live their normal lives - except that they now have a criminal record.  Pardons are when the record of a person’s criminal conviction is set aside.  This does not mean that the criminal conviction is erased, it just sets aside the record so that the person may enjoy more of a ‘normal’ life.  For example, a person with an assault level two conviction may not be able to cross the border into the United States.  However, if they were able to receive a pardon for this crime, they might then be able to travel to the U.S.

Summary

Incarceration is an important sentencing option for judges to apply in criminal cases.  Different types or sections of prisons exist to host different types of prisoners.  Most prison terms end, and prisoners may leave prison using a variety of forms of parole or releases.