S-40.1 - Act respecting the Québec correctional system

Section 161 Disposition versions

2023-10-05

161. The parole board or a person designated by the parole board in writing may suspend an offender’s temporary absence or conditional release, and, if appropriate, issue a warrant of apprehension and order the commitment of the offender,

(1)  where the parole board or the person has reasonable cause to believe that the offender has breached a condition attached to a temporary absence or conditional release or that action must be taken to prevent such a breach;

(2)  for any valid reason invoked by the offender; or

(3)  where a new fact is discovered which, if it had been known at the time temporary absence or conditional release was granted, may have warranted a different decision or where an event not covered by subparagraphs 1 and 2 occurs that warrants a suspension.

The decision must be rendered in writing and include reasons.

Despite the first paragraph, an offender’s temporary absence automatically ends as soon as the offender is the subject of a decision refusing his or her conditional release. In such a case, the parole board or a person designated in writing by the parole board may, if appropriate, issue a warrant of apprehension and order the commitment of the offender.

2002, c. 24, s. 161; 2020, c. 31, s. 43; 2023, c. 20, s. 126.

2020-12-11

161. The parole board or a person designated by the parole board in writing may suspend an offender’s temporary absence or conditional release, and, if appropriate, issue a warrant of apprehension and order the commitment of the offender,

(1)  where the parole board or the person has reasonable cause to believe that the offender has breached a condition attached to a temporary absence or conditional release or that action must be taken to prevent such a breach;

(2)  for any valid reason invoked by the offender; or

(3)  where a new fact is discovered which, if it had been known at the time temporary absence or conditional release was granted, may have warranted a different decision or where an event not covered by subparagraphs 1 and 2 occurs that warrants a suspension.

The decision must be rendered in writing and include reasons.

2002, c. 24, s. 161; 2020, c. 31, s. 43.

2007-02-05

161. A member of the parole board or a person designated by the parole board in writing may suspend an offender’s temporary absence or conditional release, and, if appropriate, issue a warrant of apprehension and order the commitment of the offender,

(1)  where he or she has reasonable cause to believe that the offender has breached a condition attached to a temporary absence or conditional release or that action must be taken to prevent such a breach;

(2)  for any valid reason invoked by the offender; or

(3)  where a new fact is discovered which, if it had been known at the time temporary absence or conditional release was granted, may have warranted a different decision or where an event not covered by subparagraphs 1 and 2 occurs that warrants a suspension.

The decision must be rendered in writing and include reasons.

2002, c. 24, s. 161.