from arrest to parole bc collaborates to stop sexual & domestic violence december 9, 2015...

From Arrest to Parole

BC Collaborates to Stop Sexual & Domestic ViolenceDecember 9, 2015Presenters: Carolyn Sinclair, Maureen Parsley, Tara George, Patrick Storey

OBJECTIVES: Provide and overview of services Increase awareness Encourage referrals Support victim participation in justice

system Highlight the importance of contiguous

information services Provide answers to your questions

THE CRIMINAL JUSTICE PROCESS

Roles of Each AgencyPolice Victim Services – Provincial

Provides front line crises response, support and information to victims of crime. Provides information about support and community resources to those who have been impacted by trauma

Victim Safety Unit (VSU) - Provincial:

Provides information to victims of crime and civil protected parties who have significant safety concerns about the status of an adult accused/ /offender being supervised by BC Corrections, both in the community (on bail or probation) and in custody. Victim Services Unit - Federal:

Provides victims of crime with information about the movement/status of federal offenders who are in the care of the Correctional Service of Canada, or provincial offenders on federal parole.

Parole Board of Canada (PBC) - Federal:Provides information about parole decisions for federal and provincial offenders.

Our System Can be Confusing

LEGENDVSU Victim Safety Unit Provincial Government

VS-CSC Victim Services - Correctional Service Canada

Federal Government

PBC

VSW

Parole Board of Canada

Police Victims Service Worker

Federal Government

Police Agency

Scenario: The Case of David

David is the father of victim killed in an “impaired driving causing death” offence. He has connected with his local victim service worker, who will provide information, support and referral throughout the criminal justice process.

Police recommended that charges be laid and Crown has approved the charge.

The accused has been held in police custody. He has had his first court appearance and has been remanded into provincial jail.

Together the Victim Service Worker and David call the Victim Safety Unit to register David for victim notification.

DavidCriminal Justice Event

Agency Information Provided

Accused is Admitted to North Fraser Pre-trial Centre

VSU Admission to Jail Name and Location of Jail

Next Court Appearance(s)

VSU

VSW

Court Results Next Court Date

Accused is Transferred from North Fraser Pretrial Center to Fraser Regional Correctional Centre and Back Again Two Weeks Later

VSU Each Transfer Date Name and Locations of Jails



Trial – Offender found guilty and sentenced to three years

VSU

VSW

VSU advises VS-CSC and/or PBC

Court Results

Offender Transferred from North Fraser Pretrial Center to Federal Jurisdiction

VSU Transfer from NFPC to Federal Jurisdiction



Arrival at Regional Reception Assessment Center

VS-CSC Registration Information

Notification Preferences Availability of Victim Offender Mediation Services

Protection 24 hour Notification Wanted or Unwanted Contact

Participation Ability to Submit Victim Statements at Any Time

RemedyFormal Complaint Process



Arrival in Federal Custody

PBC Registration Information

Eligibility Dates Can Observe at a Hearing May Request Copies of Decisions

Participation Ability to Submit Additional Risk Information to Decision Makers at Anytime



Initial Placement VS-CSC Name and Location of Penitentiary (e.g. Medium Security) Program Participation and Disciplinary Convictions Summary (April 2016 - Correctional Plan Summary)

Offender Released on Escorted Temporary Absence to Attend Court /Medical Emergency

VS-CSC Purpose Date Destination Conditions of Release



Institutional Transfer VS-CSC Institution Location Purpose of Transfer Minimum Security in advance / max-medium on the day of transfer or as soon as possible

Offender applies for Escorted Temporary Absences (ETAs)

VS-CSC Scheduled Review Date, Purpose, Destination Share limits of confidentiality Obtain consent to share information for CSC case preparation – verbal/written submissions



CSC Warden’s Decision on ETA

VS-CSC Decision to grant or deny the ETA request.

Offender Released on Escorted Temporary Absences

VS-CSC Purpose Dates Destination Conditions of Release

Offender applies for Unescorted Temporary Absence/Day/Full Parole

VS-CSC Scheduled Review Date, Purpose, Destination Share limits of confidentiality Obtain consent to share information for CSC case preparation – verbal/written submissions



Application for Day and Full Parole

PBC Date of Scheduled Hearing Can Observe Hearing and Bring Support Person Can Present Written/Oral Statement

Parole Board Hearing Scheduled

PBC Date of Hearing Discuss Observing Hearing Discuss Presenting a Written/Oral Statement



Parole Board Decision – e.g. Day Parole Granted/Full Parole Denied

PBC PBC Staff Member Present Observe Hearing Present Written/Oral Statement Receive Copy of PBC Decision Upon Written Request

Offender Released on Day Parole

VS-CSC Actual Date of Release Parole Supervision Area Purpose and Conditions of Release

During Release Offender Moves from Vancouver to Burnaby

VS-CSC Actual Date of Move and New Parole Supervision Area



Parole Board Hearing Scheduled – Full Parole

PBC Date of Scheduled Hearing Discuss Observing hearing Discuss Presenting a Written/Oral Statement

Parole Board Decision –Full Parole Denied/ Day Parole Continued/ Statutory Release Conditions

PBC PBC Staff Member Present Observe hearing Present Written/Oral Statement Receive Copy of PBC Decision upon Written Request

Offender Continues on Day Parole with change in destination.

VS-CSC Change in Destination



Offender Reaches Statutory Release Date

VS-CSC/PBC

Actual Date of Release Parole Supervision Area Conditions of Release General Information on Statutory Release

Offender Permitted to Travel to Ontario for One Week

VS-CSC Actual Date of Departure and Return Purpose, Destination, Conditions

Offender Reaches Warrant Expiry Date

VS-CSC Date of Warrant Expiry Reactivation if offender returns to federal custody in the future Contact information for VSU

High Risk Offender Management

Criminal Justice Event


High Risk Offender Reaches Warrant Expiry Date

VSU Date of Release Community Corrections Supervision Area Conditions of Supervision General Information on Section 810 Process Name and Contact Information for Supervisor General Information on Breaches of Conditions

Appeals (Indictable Offences)Criminal Justice Event


Offender Appeals Sentence and / or Conviction

VSU Reasons for Appeal General Information on Process Bail Conditions Hearing Dates Outcome

Making the Continuum Work

Importance of Communications Joint Training Joint Outreach Protocols / Streamlining Mutual Understanding Problem Solving Process Stakeholder Engagement

Who Is Walking With You?

EVENTS & COMMUNICATION OPPORTUNITIES

CJS PARTNERS INVOLVED

Incident Occurs None↓ ↓

Police are Called Police↓ ↓

Complaint is Recorded Police, Police Victim Services↓ ↓

Investigation Occurs Police, Police Victim Services/Community Victim Services1 1Dependant on type of event and protocols

↓ ↓Charges are Recommended Crown, Police, Victim Services

↓ ↓Charges are Approved Courts, Crown, Police, Victim Services

↓ ↓Accused is Arrested/Issued Process BC Corrections Jail2/Community Corrections, Courts, Crown, Police,

Victim Services, Victim Safety Unit (VSU)

2 Victim Notifier becomes involved with "K" files

↓ ↓Accused Appears in Court BC Corrections Jail/Community Corrections, Courts, Crown, Police,

Victim Services, Victim Safety Unit

↓ ↓Accused is Found Guilty/Pleads Guilty and

Receives a 2 Year Sentence with 2 Years Probation

Corrections Service Canada (CSC), BC Corrections Jail, Courts, Crown, Police, Victim Services, VSU, CSC Victim Services3

3 VSU facilitates registration with CSC Victim Services

↓ ↓Offender Apppeals Sentence Crown Criminal Appeals/Crown4, CSC, Court of Appeal/Courts,

Police, Victim Services, VSU, CSC Victim Services

4Criminal Appeals has conduct of indictable appeals, summary conviction appeals remain with lower court Crown

↓ ↓Sentence Reduced on Appeal to Less Than 2 Years and 2 Years Probation

BC Corrections, Victim Services, VSU, CSC Victim Services

↓ ↓Offender Applies for and is Granted Parole Parole Board Canada (PBC)5, CSC Parole Office, Victim Services,

VSU, CSC Victim Services

5Parole Board of Canada Regional Communication Officers are involved and CSC Victim Services remain involved

↓ ↓Sentence Ends and Probation Begins BC Community Corrections, Victim Services, VSU *Depending on circumstances, there may be concurrent

Family Court, MCFD or SDSI involvement throughout↓ ↓

Probation Ends Victim Services, VSU ** Both may remain involved for some time depending on service provision parameters and civil protection orders

Let’s Move on to Questions

Your questions will be recorded on the flip chart and we will forward a written copy of responses to you

QuestionsQ. I have access to the information my client needs, why should I have them register with the VSU? A. To receive changes in custody status, bail and probation, parole applications, appeals, release dates, order end dates; to simplify registration with CSC VS/PBCQ. Can I register with the VSU by telephone? A. Yes. The victim’s signature will be needed. It is helpful if you obtain the signature and forward it at the earliest opportunity but registration does not have to be delayed until the signature can be obtained.Q. Can I be the contact for the victim? A. Yes. The VSU can notify both you and the victim in some circumstances and we will work with you to determine what is appropriate. For CSC VS/PBC, only you will receive notifications so you should consider if this is appropriate for after-hours/urgent notifications.

QuestionsQ. What happens when I close my file; can the victim still be registered? A. Yes, as long as there is information to provide to them.Q. How long can a victim stay registered? A. For the VSU, if court has not concluded, or if there are orders still in effect

(including family protection orders), the victim can stay registered until all orders end. If the victim continues to have high safety concerns, they may remain registered for up to 1 year under FOIPPA.Q. What does a life sentence really mean? A. It means that the offender will be monitored by CSC until his death. It does not mean that he will remain in a correctional facility for his life. The offender may receive parole and be supervised in the community. If the offender violates his parole, he may be returned to a correctional centre temporarily or for the remainder of his life.Q. Is it important for the victim to provide updated impact information after the trial and sentence? A. It is an opportunity for the victim to provide information about the current and ongoing impacts of the offence on them (positive or negative) and an opportunity to provide information to relevant risk related information for consideration by appropriate parties..

Questions

Q. How can victims access funding for travel?

A. The Victim Travel Fund can provide funding for qualified applicants to

attend criminal justice proceedings such as trials or sentencing. There are

criteria for qualification and there is a maximum funding of $3,000.

Q. What about funding for victim service workers? A. In some circumstances funding may be available for VSWs, however, the funding maximum is still $3,000.

from arrest to parole bc collaborates to stop sexual & domestic violence december 9, 2015...

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