section 753.2(2)

INTRODUCTION AND BRIEF DESCRIPTION

Non-imprisonment sentences are to be served concurrently with long-term supervision for offenders referred to in subsection (1).

SECTION WORDING

753.2(2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision.

EXPLANATION

Section 753.2(2) of the Criminal Code of Canada deals with the sentencing of offenders who are subject to long-term supervision orders. The section stipulates that any sentence imposed on such offenders, other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision. This section is important in the context of the Criminal Code of Canada because it ensures that offenders who are subject to long-term supervision orders are not subject to double punishment. Long-term supervision orders are typically imposed on offenders who have been released from prison but are still considered to pose a significant risk to society. They require the offender to be supervised by a probation officer for a period of up to 10 years, during which time the offender must comply with certain conditions, such as attending treatment programs, reporting to the probation officer, and not committing any further criminal offences. If an offender subject to such an order is sentenced to a non-custodial punishment, such as a fine or community service order, Section 753.2(2) ensures that the sentence will be served concurrently with the long-term supervision order, rather than in addition to it. This helps to avoid punishing the offender twice for the same offence and allows them to focus on meeting the conditions of their supervision order. Overall, Section 753.2(2) plays an important role in ensuring that the sentencing of offenders subject to long-term supervision orders is fair and just, while also protecting society from those who pose a risk of reoffending.

COMMENTARY

Section 753.2(2) of the Criminal Code of Canada outlines the legal requirement for an offender referred to in subsection (1) to serve their sentence concurrently with long-term supervision, unless their sentence requires imprisonment. This section highlights the importance of supporting offenders to successfully reintegrate into society after their release from incarceration. The purpose of long-term supervision is to provide supervision and support to individuals who have been released back into the community after serving a prison sentence. This is particularly important for high-risk offenders who may require additional support to prevent them from reoffending. By requiring sentences to be served concurrently with long-term supervision, the Criminal Code recognizes the value in providing ongoing support to offenders as they transition back into society. There are many benefits to supporting offenders to successfully reintegrate into society. For one, it helps to reduce the likelihood of recidivism, or repeat offending. When individuals are given support and guidance as they transition back into society, they are more likely to lead productive and fulfilling lives, and less likely to engage in criminal activity. Moreover, providing long-term supervision is a cost-effective way to prevent crime. Incarceration is an expensive and resource-intensive approach to criminal justice, and it is not always effective in preventing reoffending. By providing support and supervision to offenders in the community, we can reduce the likelihood of them reoffending and save scarce resources that would otherwise be spent on incarceration. Of course, it is important to recognize that long-term supervision is not a panacea for preventing crime. There will always be individuals who require incarceration to protect society. However, for many offenders - particularly those who are not high-risk - long-term supervision can be an effective way to support their successful reintegration into society. In conclusion, Section 753.2(2) of the Criminal Code of Canada represents an important recognition of the importance of providing support and supervision to offenders as they transition back into society. By requiring sentences to be served concurrently with long-term supervision, the Criminal Code recognizes that successful reintegration is a key component of effective criminal justice policy. While long-term supervision is not a one-size-fits-all solution, we should continue to explore ways to support offenders as they work to rebuild their lives and become productive members of society.

STRATEGY

Section 753.2(2) of the Criminal Code of Canada provides guidance on the administration of sentences imposed on offenders who require long-term supervision. The section stipulates that any sentence that does not require imprisonment must be served concurrently with the long-term supervision. The aim of this provision is to ensure that offenders have intensified supervision and support from the correctional services and the community. However, the implication of this provision is that offenders may be able to serve their sentence in the community rather than being incarcerated. While this may seem like a humane option, it poses several strategic considerations for criminal justice stakeholders. They must consider the risk of recidivism and the need to protect the public safety. One strategy that could be employed in this scenario is to develop specialized supervision programs that cater to the specific needs of such offenders. Such programs would include intensive community-based supervision, counseling, and mental health services. The development of such programs is crucial to ensuring the successful rehabilitation of offenders who require long-term supervision. Another strategy is to undertake intensive risk assessment and management measures. This would involve careful assessment of the offender's risk factors such as mental health, substance abuse, and the likelihood of reoffending. The risk management measures would then be developed to mitigate these factors and ensure that public safety is not compromised. Additionally, stakeholders could engage in advocacy and public education campaigns that increase awareness of the potential risks and challenges of community-based sentencing and long-term supervision. These campaigns would educate the public on the importance of community safety and how they can contribute to the successful rehabilitation and reintegration of offenders into the community. Furthermore, community involvement is critical to ensuring the success of community-based sentences and long-term supervision. Therefore, one strategic consideration would be the mobilization of community members to provide support, supervision, and guidance to offenders. Their involvement would be critical to the rehabilitation process and would help to mitigate the risks associated with community-based sentencing. Finally, stakeholder collaboration and coordination are crucial to ensuring effective administration of sentences that require long-term supervision. Collaboration among stakeholders will ensure that resources and expertise are used efficiently, and that the correctional system can respond strategically to the needs of the offender. In conclusion, section 753.2(2) of the Criminal Code of Canada presents several strategic considerations when dealing with offenders who require long-term supervision. Strategic considerations such as specialized supervision programs, intensive risk assessment and management measures, advocacy, community involvement, and stakeholder collaboration all play a critical role in ensuring the successful rehabilitation and reintegration of offenders into the community while mitigating the risk to public safety.