S-40.1, r. 2 - Regulation respecting conditional release

Updated to 11 December 2020

This document has official status.

chapter S-40.1, r. 2

Regulation respecting conditional release

Act respecting the Québec correctional system

(chapter S-40.1, ss. 160 and 193).

CHAPTER I APPLICATION

DIVISION I

(Revoked).

O.C. 7-2007, Div. I; S.Q. 2020, c. 31, s. 52.

1. (Revoked).

O.C. 7-2007, s. 1; O.C. 184-2010, s. 1; S.Q. 2020, c. 31, s. 52.

DIVISION II INFORMATION PROVIDED TO INMATES

2. The Commission québécoise des libérations conditionnelles must provide the following information to a person eligible for conditional release:

(1)  the general principles of the Act;

(2)  the parole board:

i.  its mandate;

ii.  its powers;

iii.  its duties;

(3)  conditional release:

i.  eligibility;

ii.  criteria considered to render a decision;

(4)  sittings:

i.  types of sitting;

ii.  timing of sittings;

iii.  right to representation;

iv.  steps;

v.  number of votes required to make a decision;

(5)  review:

i.  definition;

ii.  procedure;

(6)  new examination:

i.  definition;

ii.  procedure;

(7)  conditions of release;

(8)  temporary absence in preparation for conditional release:

i.  eligibility;

ii.  criteria considered to render a decision;

iii.  duration;

iv.  new application;

v.  renewal;

(9)  temporary absence for a family visit:

i.  eligibility;

ii.  criteria considered to render a decision;

iii.  duration and frequency;

iv.  new application.

O.C. 7-2007, s. 2.

CHAPTER II PROCEDURE

DIVISION I APPLICATIONS FOR TEMPORARY ABSENCE

3. An application for a temporary absence in preparation for conditional release must contain

(1)  the inmate’s name;

(2)  the inmate’s date of birth;

(3)  the inmate’s record number;

(4)  the main reason supporting the temporary absence in preparation for conditional release;

(5)  a description of the proposed temporary absence;

(6)  any relevant document attesting to the measures taken or confirmations obtained from an organization; and

(7)  (paragraph revoked).

O.C. 7-2007, s. 3; O.C. 184-2010, s. 2.

4. An inmate must make an application between the 10th day preceding the eligibility date for temporary absence in preparation for conditional release and the 21st day preceding the eligibility date for conditional release.

O.C. 7-2007, s. 4.

5. An application for temporary absence for a family visit must contain

(1)  the inmate’s name;

(2)  the inmate’s date of birth;

(3)  the inmate’s record number;

(4)  the reason supporting the temporary absence for a family visit;

(5)  a description of the proposed temporary absence including conditions such as the dates on which the inmate is to leave and return to the facility, duration of the absence, destination and transportation used;

(6)  the name and address of the person to be visited; and

(7)  an attestation from the correctional services that the person to be visited has been reached and has agreed to accommodate the inmate for the duration of the absence for a family visit, at the address and on the conditions stated in the application for temporary absence.

O.C. 7-2007, s. 5.

DIVISION II SITTING OR EXAMINATION ON THE RECORD

6. The parole board is to inform the director of the correctional facility where the person is detained of the date and time of the sitting, within 14 days before the date set in the case of conditional release, and within 5 days in the case of a temporary absence in preparation for conditional release.

The director is to so inform the inmate as soon as possible.

O.C. 7-2007, s. 6.

7. If, in accordance with section 160 of the Act, the parole board reexamines the inmate’s record, the parole board has 21 days in the case of conditional release, and 10 days in the case of a temporary absence in preparation for conditional release or for a family visit, to maintain the decision to grant the temporary absence or conditional release and, if necessary, modify the conditions thereof or cancel the decision to grant the temporary absence or conditional release.

The time period begins on the date on which a notice to that effect issued by a member or a person designated by the parole board is given to the inmate.

O.C. 7-2007, s. 7; S.Q. 2020, c. 31, s. 53.

8. The parole board is to inform the director of the correctional facility where the person is detained of the date and place of the sitting held in accordance with section 160 of the Act within 7 days before the date set in the case of conditional release, and within 5 days in the case of a temporary absence in preparation for release.

The director is to so inform the inmate as soon as possible.

In the case of a temporary absence for a family visit, the examination is on the record.

O.C. 7-2007, s. 8.

9. The warrant referred to in section 161 of the Act must state the name of the person to whom release is granted, the length of the release and the reason for which the warrant is issued. The warrant includes an order to arrest and take the person into custody and return the person to the correctional facility. The warrant is signed by the member of the parole board or the person designated by the parole board issuing the warrant.

O.C. 7-2007, s. 9.

10. The parole board is to inform the director of the correctional facility where the person concerned is detained of the date and place of the sitting held in accordance with section 163 of the Act within 7 days before the date set in the case of conditional release, and within 5 days in the case of a temporary absence in preparation for conditional release.

The director is to so inform the inmate as soon as possible.

In the case of a temporary absence for a family visit, the examination by the parole board is conducted on the record.

O.C. 7-2007, s. 10; S.Q. 2020, c. 31, s. 54.

11. An inmate may waive in writing the time period provided for in sections 6, 8 and 10 if the parole board so consents.

O.C. 7-2007, s. 11.

12. The director of the correctional facility where the person is detained must ensure that that person and the personnel members concerned are present on the date of the sitting and that the person’s record is given to the parole board.

O.C. 7-2007, s. 12.

13. The parole board may sit even though the inmate refuses to answer the summons.

O.C. 7-2007, s. 13; I.N. 2016-01-01 (NCCP).

DIVISION III REVIEW

14. An application for review must contain the inmate’s name, date of birth and record number, the decision to be reviewed and the reasons supporting review of the decision.

O.C. 7-2007, s. 14.

DIVISION IV CERTIFICATE

15. A certificate of conditional release, of temporary absence in preparation for conditional release or for a family visit, duly completed, is given to the inmate when the inmate is released from the correctional facility.

The certificate includes the name of the person released, the conditions of release and the signature of a member or the secretary of the parole board. The same applies to a new certificate produced following a change in the conditions of the release or the place of residence of the person released.

O.C. 7-2007, s. 15.

16. This Regulation replaces the Regulation respecting the parole of inmates (R.R.Q., 1981, c. L-1.1, r. 2).

O.C. 7-2007, s. 16.

17. (Omitted).

O.C. 7-2007, s. 17.

REFERENCES

O.C. 7-2007, 2007 G.O. 2, 94A

O.C. 184-2010, 2010 G.O. 2, 741

S.Q. 2020, c. 31, ss. 52 to 54