Parole

PAROLE

40.1 In this Part,
	"victim" means,
(a)		a victim within the meaning of section 36.1 of the Act who is a victim of an inmate in respect of the offence for which the inmate is seeking parole, and
(b)		if the person described in clause (a) is under 16 years of age, includes the person's parent, within the meaning of section 1 of the Family Law Act, or guardian. O. Reg. 151/03, s. 3.

41. (1) The portion of the term of imprisonment that an inmate must serve before parole may be granted is one-third of the total term of imprisonment imposed upon the inmate. R.R.O. 1990, Reg. 778, s. 41 (1).
(2) Despite subsection (1), the Board may parole an inmate at any time where, in the opinion of the Board, compelling or exceptional circumstances exist that warrant the inmate's parole. R.R.O. 1990, Reg. 778, s. 41 (2).
(3) Every inmate sentenced to imprisonment in an institution shall be notified in writing by the Ministry of the inmate's parole eligibility date no later than two months after the date on which the inmate was sentenced. R.R.O. 1990, Reg. 778, s. 41 (3).

42. (1) Where an inmate is serving a term of imprisonment of less than six months, the inmate may apply to the Board for parole at any time. R.R.O. 1990, Reg. 778, s. 42 (1).
(2) An inmate referred to in subsection (1) is not entitled to a hearing before the Board. R.R.O. 1990, Reg. 778, s. 42 (2).

43. (1) Where an inmate is serving a term of imprisonment of six months or more, the Board shall consider the inmate for parole before the parole eligibility date, whether or not the inmate has applied for parole. R.R.O. 1990, Reg. 778, s. 43 (1).
(2) An inmate referred to in subsection (1) is entitled to a hearing before the Board unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 43 (2).

44. (1) Where the Board is considering whether or not an inmate is a suitable inmate to be granted parole the Board may obtain and consider any information that the Board considers useful and relevant regarding the character, abilities and prospects of the inmate, and in particular the Board may obtain and consider,
(a)		particulars of the inmate's trial, conviction and sentence;
(b)		particulars of the inmate's criminal record;
(c)		information from persons knowledgeable about the inmate's background and living conditions before the inmate was confined in the institution;
(d)		a report from the Superintendent of the institution assessing the progress made by the inmate towards rehabilitation; and
(e)		a report from a health care professional concerning the inmate's physical condition and mental health. R.R.O. 1990, Reg. 778, s. 44 (1).
(2) Where the Board conducts a hearing to determine whether or not an inmate is a suitable inmate to be granted parole,
(a)		the inmate shall be given at least forty-eight hours notice of the hearing;
(b)		the inmate shall be given an opportunity to attend before the Board and present arguments and submissions on his or her own behalf;
(c)		the Board may permit any person, including an interpreter, to assist in any manner that the Board considers appropriate; and
(d)		the Board shall, in the form and manner that it considers appropriate, inform the inmate of any information in the Board's possession that may affect its decision. R.R.O. 1990, Reg. 778, s. 44 (2).
(3) Revoked: O. Reg. 151/03, s. 4.

44.1 A victim of the inmate may make submissions to the Board before it conducts a hearing under subsection 44 (2), in any form that the Board considers appropriate, including written submissions or an interview in person or by telephone or other means of communication with the Board or with a person or persons designated by the chair of the Board. O. Reg. 151/03, s. 5.

44.2 (1) A victim of the inmate may apply to the Board if he or she wishes to attend the inmate's parole hearing. O. Reg. 151/03, s. 5.
(2) The Board shall approve a victim's application unless, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,
(a)		there is insufficient time before the hearing,
(i)			to obtain security clearance for the victim and a person to assist the victim to attend at the correctional institution, or
(ii)			to arrange for the hearing to be held in a room that has adequate space for all the persons attending the hearing; or
(b)		the security of the correctional institution or the personal safety of any person, including the victim, may be compromised by the victim's attendance at the hearing. O. Reg. 151/03, s. 5.
(3) If the Board denies a victim's application to attend a hearing, the victim may request in writing that the chair of the Board review the decision. O. Reg. 151/03, s. 5.
(4) Upon receiving a request under subsection (3), the chair or the chair's delegate shall review the decision and, based on the advice of the supervisor of the Superintendent of the correctional institution where the hearing is scheduled to take place, shall uphold, reverse or amend the original decision of the Board. O. Reg. 151/03, s. 5.
(5) If the Board approves a victim's application to attend a parole hearing, the inmate shall be promptly notified of the fact. O. Reg. 151/03, s. 5.

44.3 (1) A victim who has been given permission to attend a hearing may participate in the hearing by making submissions to the Board on,
(a)		the effects and impact of the offence at the time of the offence on the victim and on any relative, spouse or same-sex partner of the victim;
(b)		the continuing effects and impact of the offence on the victim and on any relative, spouse or same-sex partner of the victim; and
(c)		the victim's and any relative, spouse or same-sex partner of the victim's recommendations with respect to the granting of parole to the inmate and, if parole is granted, to any conditions that should be attached to the inmate's parole to protect the victim and the community at large. O. Reg. 151/03, s. 5.
(2) A victim may be assisted at an inmate's parole hearing by any person and in exceptional circumstances, the Board may permit a victim to be assisted at the hearing by more than one person. O. Reg. 151/03, s. 5.
(3) A person attending a parole hearing to assist a victim may only participate at the hearing,
(a)		by translating for the victim; and
(b)		at the discretion of the Board, by speaking on behalf of a victim who has a mental or physical disability that prevents him or her from communicating clearly. O. Reg. 151/03, s. 5.
(4) In subsection (1),
	"relative" means a person related to the victim by blood, marriage or adoption; ("parent")
	"same-sex partner" and "spouse" have the same meanings as in section 29 of the Family Law Act. ("partenaire de m�me sexe", "conjoint") O. Reg. 151/03, s. 5.

44.3.1 (1) Any person, other than a victim, may apply to the Board in writing if he or she wishes to attend an inmate's parole hearing as an observer. O. Reg. 152/03, s. 1.
(2) The Board may approve or deny a person's application to attend as an observer and, in making that decision, shall consider,
(a)		the views of any victim who has been permitted by the Board to attend the hearing; and
(b)		the need to preserve the confidentiality of information provided at the hearing and of the sources of that information. O. Reg. 152/03, s. 1.
(3) The Board shall not approve a person's application to attend as an observer if, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,
(a)		there is insufficient time before the hearing to obtain security clearance for the person to attend at the correctional institution;
(b)		the room in which the hearing is to be held does not have adequate space for the person to attend; or
(c)		the security of the correctional institution or the personal safety of any person, including the person who applied to attend as an observer, may be compromised by the person's attendance at the hearing. O. Reg. 152/03, s. 1.
(4) If the Board approves a person's application to attend a parole hearing as an observer, the inmate shall be promptly notified of the fact. O. Reg. 152/03, s. 1.
(5) If the Board denies a person's application to attend a parole hearing as an observer, it shall notify the person in writing of the denial and the reasons for it. O. Reg. 152/03, s. 1.
(6) There is no review or appeal from a decision of the Board under this section. O. Reg. 152/03, s. 1.

44.3.2 A person who has been given permission to attend a hearing as an observer may not participate in the hearing in any way. O. Reg. 152/03, s. 1.

44.3.3 A victim, a person who assists a victim or a person who attends a hearing as an observer shall not bring a camera or electronic recording device of any kind into the correctional institution or hearing room. O. Reg. 152/03, s. 1.

44.4 If, at any point during a hearing under subsection 44 (2), the Board is of the opinion that the orderly conduct of the hearing is being disrupted, the Board may,
(a)		request that any person, other than the inmate, be excluded from the hearing room for any portion of or the remainder of the hearing; or
(b)		adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the resumed hearing. O. Reg. 151/03, s. 5.

44.5 Upon the conclusion of a hearing under subsection 44 (2) and upon consideration of the matters referred to in subsection 44 (1), the submissions of any victims made under section 44.1 or subsection 44.3 (1) and the arguments and submissions of the inmate, the Board may,
(a)		grant parole upon such terms and conditions as it considers necessary; or
(b)		refuse to grant parole,
and the Board shall notify the inmate of its decision and the reasons for the decision. O. Reg. 151/03, s. 5.

45. (1) An inmate whose parole is reviewed under subsection 39 (2) of the Act is entitled to a hearing before the Board unless the inmate in writing waives the right to the hearing, but if the inmate withdraws the waiver before the Board makes a decision regarding the parole, the Board shall proceed to conduct a hearing of the matter. R.R.O. 1990, Reg. 778, s. 45 (1).
(2) Where the Board conducts a review of parole under subsection 39 (2) of the Act, the Board may obtain and consider any information that the Board considers useful and relevant, including any records relating to the decision to grant the inmate parole and information about the inmate's conduct while on parole. R.R.O. 1990, Reg. 778, s. 45 (2).
(3) Where the Board conducts a hearing in the course of a review of parole under subsection 39 (2) of the Act, subsection 44 (2) applies to the hearing with necessary modifications. R.R.O. 1990, Reg. 778, s. 45 (3).
(4) Upon consideration of the matters referred to in subsection (2) and the arguments and submissions, if any, of the inmate, the Board may,
(a)		allow the inmate to continue on parole; or
(b)		revoke parole,
and the Board shall notify the inmate in writing of its decision and the reasons for the decision. R.R.O. 1990, Reg. 778, s. 45 (4).

46. (1) An inmate who is aggrieved by a decision of the Board may request in writing that the chair of the Board review the decision. R.R.O. 1990, Reg. 778, s. 46 (1).
(2) Upon receiving a request under subsection (1), the chair or the chair's delegate shall review the decision and shall,
(a)		order a new hearing; or
(b)		uphold the original decision of the Board,
and shall forthwith notify the inmate in writing of the results of the review with reasons. R.R.O. 1990, Reg. 778, s. 46 (2).

47. (1) An inmate who has received parole shall not be allowed to begin parole without signing a certificate of parole setting out the conditions of the parole. R.R.O. 1990, Reg. 778, s. 47 (1).
(2) Despite subsection (1), the Board may authorize an inmate to be allowed to begin parole before the certificate of parole has been completed and signed where the Board is of the opinion that compelling or exceptional circumstances warrant the authorization. R.R.O. 1990, Reg. 778, s. 47 (2).

48. It is a condition of every grant of parole, unless the Board orders otherwise, that the parolee shall,
(a)		remain within the jurisdiction of the Board;
(b)		keep the peace and be of good behaviour;
(c)		obtain the consent of the Board or the parole supervisor for any change of residence or employment;
(c.1)		keep a copy of his or her certificate of parole with him or her at all times and produce it to a probation officer, parole officer or police officer on request, unless, under subsection 47 (2), the certificate of parole has not been completed and signed;
(d)		report as required to the parole supervisor and the local police force; and
(e)		refrain from associating with any person who is engaged in criminal activity or, unless approved by the parole supervisor, with any person who has a criminal record. R.R.O. 1990, Reg. 778, s. 48; O. Reg. 320/02, s. 2.

49. A parolee shall on the first day of every month until the expiry of the parolee's full sentence provide the parole supervisor with a written report setting out,
(a)		the parolee's address;
(b)		where the parolee is employed, the nature of the parolee's employment, the amount earned and the employer's name and address;
(c)		where the parolee is unemployed, an explanation of the failure to find employment;
(d)		details of any arrests or convictions of the parolee that have occurred since the last preceding monthly report; and
(e)		details of any difficulties the parolee is experiencing. R.R.O. 1990, Reg. 778, s. 49.

50. Revoked: O. Reg. 260/99, s. 2.

51. Where the Board has granted parole to an inmate to permit the deportation of the inmate, the Board may remit any remaining portion of the inmate's term of imprisonment. R.R.O. 1990, Reg. 778, s. 51.
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