S-40.1 - Act respecting the Québec correctional system

Section 56 Disposition versions

2021-10-13

56. The criteria for granting a request for the authorization of a temporary absence for reintegration purposes include

(1)  the protection of society in relation to the offender’s risk of reoffending and potential for reintegration determined on the basis, in particular, of his or her needs as regards his or her delinquency problems and the availability of resources;

(2)  the nature, seriousness and consequences of the offence committed by the offender;

(3)  the degree to which the offender understands and assumes responsibility for his or her criminal behaviour and the consequences of the offence for the person who is a victim and for society;

(4)  the offender’s judicial record and corrections history;

(5)  the offender’s personality and behaviour, his or her rehabilitation progress since the sentence was imposed, his or her willingness to become involved in a process of change and his or her capacity to fulfil his or her obligations;

(6)  the offender’s behaviour during incarceration under an earlier sentence or during the earlier application of a community measure, at the provincial or federal level;

(7)  the offender’s previous employment and work skills;

(8)  the family and social resources available; and

(9)  the appropriateness of the reintegration plan having regard to the offender’s risk of reoffending and his or her capacity to complete the plan with the appropriate support.

2002, c. 24, s. 56; 2021, c. 13, s. 175.

2007-02-05

56. The criteria for granting a request for the authorization of a temporary absence for reintegration purposes include

(1)  the protection of society in relation to the offender’s risk of reoffending and potential for reintegration determined on the basis, in particular, of his or her needs as regards his or her delinquency problems and the availability of resources;

(2)  the nature, seriousness and consequences of the offence committed by the offender;

(3)  the degree to which the offender understands and assumes responsibility for his or her criminal behaviour and the consequences of the offence for the victim and for society;

(4)  the offender’s judicial record and corrections history;

(5)  the offender’s personality and behaviour, his or her rehabilitation progress since the sentence was imposed, his or her willingness to become involved in a process of change and his or her capacity to fulfil his or her obligations;

(6)  the offender’s behaviour during incarceration under an earlier sentence or during the earlier application of a community measure, at the provincial or federal level;

(7)  the offender’s previous employment and work skills;

(8)  the family and social resources available; and

(9)  the appropriateness of the reintegration plan having regard to the offender’s risk of reoffending and his or her capacity to complete the plan with the appropriate support.

2002, c. 24, s. 56.