The Psychiatrist's Role in the Management of Patients on Probation or Parole

• Author: Scott Theriault
• Pages: 727-737

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CHAPTER 34

The Psychiatrist’s Role in the

Management of Patients

on Probation or Parole

Scott eriault

I. INTRODUCTION

Four principles underlie the processing and management of oenders in the Canadian judicial and cor-

rectional systems: deterrence, retribution, protection of the public, and rehabilitation. A core feature of

the rehabilitative process has been the concept of community corrections. is consists of a series of

related activities that have as their goal the diversion of oenders from incarceration, a reduction in the

amount of time spent in correctional institutions, or a respite from incarceration. ese activities were

developed from the belief that community-based programs are more humane, less costly, and more

likely to return the oender to a productive role in the community while at the same time protecting the

public (Winterdyk, 2000).

Parole and probation are the cornerstones of community correc tions:

Probation is a court ordered disposition following conviction, which allows for an alternative to in-

carceration, although it can be imposed along with a period of incarceration or with the imposition of a

ne. e statutory requirements related to probation are contained in sections 731 and 732 of the Crim-

inal Code of Canada. Oenders on probation are subject to mandatory or general requirements, such as

to obey the law and to keep the peace (section 731.1(2)). ey may also be subject to specic conditions

that are focused on the individual needs and risk factors of the oender (section 732.1(3)). Examples

would include enrollment in a substance abuse program or attendance for psychiatric treatment.

Parole is a form of conditional release that allows certain oenders to complete their sentence in a

community setting, under supervision, and subject to certain conditions. e granting of parole is an

administrative decision, not a judicial one. e authority to grant parole is found in the Corrections

and Conditional Release Act, (CCRA), 1992, and vested in the National Parole Board (NPB, 2004). Most

provinces and territories also have their own parole boards that have jurisdiction over oenders serving

provincial sentences.

ere are a number of dierent forms of conditional release under the purview of the NPB (National

Parole Board, 2004).

A. Temporary Absences

A temporary absence may be escorted (ETA) or unescorted (UTA). In practice, these absences are oen

administered by the oender’s institution.

B. Day Parole

Day parole allows oenders access to the community so as to allow them to participate in activities or

programs as a prelude for full parole or statutory release. Oenders must return to an institution or half-

way house at night. Oenders become eligible for day parole six months prior to their full parole eligibil-