INTRODUCTION AND BRIEF DESCRIPTION
The running of a conditional sentence order in the community resumes upon the offenders release from prison.
SECTION WORDING
742.7(4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.
EXPLANATION
Section 742.7(4) of the Criminal Code of Canada refers to the conditions under which a convicted offender can serve their sentence outside of a prison facility, known as a conditional sentence order (CSO). When a CSO is imposed, the offender is required to adhere to certain conditions, such as electronic monitoring or regular check-ins with a probation officer. If these conditions are violated, the offender may be sent back to prison. This section of the Criminal Code of Canada concerns the running" of the period of a CSO that is to be served in the community. Specifically, it states that the time an offender spends on a CSO in the community will pause if they are sent back to prison for any reason, such as parole violation. However, their sentence will resume when they are released again, either on parole, statutory release, or earned remission, or when their sentence officially expires. The purpose of this section is to ensure that offenders serve the full duration of their CSO, even if they temporarily return to prison. By pausing the time on the CSO while an offender is incarcerated, the offender is not serving their sentence in the community as intended by the court. This section aligns with the goals of rehabilitation and reintegration, as offenders who are released from prison may continue their CSO in the community and work to fulfill their conditions. Overall, Section 742.7(4) of the Criminal Code of Canada helps to ensure that offenders who are granted a CSO serve their sentence as intended by the court, and are held accountable for their actions even if they temporarily return to prison.
COMMENTARY
Section 742.7(4) of the Criminal Code of Canada outlines the parameters for running a period of the conditional sentence order that is to be served in the community. Specifically, the section establishes that the running of the period resumes upon the release of the offender from prison on parole, earned remission, statutory release, or at the expiration of the sentence. The purpose of this provision is to ensure that offenders who have been sentenced to a conditional sentence are held accountable for their actions and are required to serve the entirety of their sentence, even if they are released from prison early. This ensures that the community is protected and that offenders are held responsible for their actions. The section is also important because it recognizes that a conditional sentence is a form of imprisonment and provides a way to maintain the integrity of this sentence when an offender is released early. The running of the period of the conditional sentence ensures that the offender is still required to comply with the conditions of the sentence and that they are held accountable for their actions. Another important aspect of section 742.7(4) is that it highlights the role of parole and statutory release in the criminal justice system. Parole and statutory release are mechanisms used to reintegrate offenders into the community and provide them with additional support to ensure that they are successful in their rehabilitation. However, these mechanisms are not meant to negate the responsibility of the offender to serve their sentence. The section ensures that offenders serving conditional sentences are still reminded of their obligations under the sentence, and that the time they spend in the community is still considered part of their sentence. Overall, section 742.7(4) is an important provision of the Criminal Code of Canada because it reinforces the notion that offenders must be held accountable for their actions and provides a mechanism to ensure that the integrity of a conditional sentence is maintained even if an offender is released from prison early. By doing so, the section helps to protect the community and ensures that offenders are held responsible for their actions. Additionally, the section highlights the importance of parole and statutory release in the criminal justice system and provides a framework for how these mechanisms fit into the larger framework of criminal sentences.
STRATEGY
Section 742.7(4) of the Criminal Code of Canada addresses the issue of what happens to a conditional sentence order (CSO) when an offender is released from prison on parole, statutory release, earned remission, or at the expiration of their sentence. Specifically, the section states that any period of the CSO that the offender was supposed to serve in the community resumes upon their release from prison. This provision raises some strategic considerations for criminal justice practitioners, including judges, lawyers, and probation officers. One strategic consideration is how to effectively utilize the CSO in sentencing. A CSO is a type of community-based sentence that allows offenders to serve their sentence in the community, subject to conditions such as curfews, mandatory attendance at treatment programs, and restrictions on their movements. The goal of a CSO is to provide an alternative to imprisonment while still holding offenders accountable for their actions and protecting the public. However, the Section 742.7(4) provision means that the effectiveness of a CSO may be limited by an offender's release from prison. This may be a concern for practitioners who want to ensure that an offender completes their CSO in full. One strategy to address this concern is to structure the CSO so that the majority of the sentence is served in the community before an offender is eligible for release from prison. For example, if a CSO is for a one-year period, the probation office and the judge could structure the order so that the offender serves 10 months in the community and 2 months in prison, given the likelihood of an offender receiving statutory release at the two-thirds mark of their sentence. This strategy would increase the likelihood that an offender serves the full period of their CSO, even if they are released from prison early. Another strategy is to ensure that the conditions of the CSO are tailored to an offender's individual needs and risks. Conditions that are too onerous or too lenient may not be effective in holding the offender accountable or reducing their risk of reoffending. Instead, practitioners should consider evidence-based interventions, such as cognitive-behavioral therapy, substance abuse treatment, or counseling, that address the underlying causes of an offender's criminal behavior. These interventions may be more likely to have a lasting impact on an offender's behavior, even if they are released early from prison. A third strategy is to ensure effective communication between the probation office, the court, and correctional services. Practitioners should work together to ensure that an offender's CSO is properly documented and that any time spent in prison is credited to the CSO. This can be especially important if an offender is released from prison and then violates their CSO conditions. In such cases, practitioners may need to obtain a warrant for the offender's arrest, and the documentation of the CSO may be critical to establishing the terms of their sentence. In conclusion, Section 742.7(4) of the Criminal Code of Canada raises strategic considerations for practitioners dealing with CSOs. By considering the structure, conditions, and documentation of a CSO, practitioners can increase the likelihood that offenders serve their full sentence in the community, even if they are released from prison early. This can improve public safety and reduce re-offending, which is in the best interests of both offenders and the community.