Suspension of Parole After Release

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SUSPENSION OF PAROLE
AFTER RELEASE

39. (1) Suspension of Parole After Release - A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in circumstances described in subsection (2),
(a)	suspend a parolee's parole;
(b)	authorize the apprehension of the parolee; and
(c)	authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the sentence expires according to law.
(2) Circumstances - Subsection (1) applies if,
(a)	the parolee breaches a condition of his or her parole; or
(b)	the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and reasonable to suspend the parole in order to,
	(i)	prevent a breach of a condition of parole, or
	(ii)	protect any person from danger or any property from damage.
(3) Review Hearing - The Board shall hold a hearing to review the granting and suspension of the inmate's parole as soon as possible after a parolee has been recommitted to custody under subsection (1).
(4) Revocation or Reinstatement of Parole - The Board shall consider the reasons for suspending the parole and the submissions, if any, of the inmate and shall, after a hearing under subsection (3),
(a)	lift the suspension of the parole and allow the inmate to be released and continue his or her parole upon the conditions that it considers appropriate; or
(b)	revoke the parole.
(5) Calculation of Term if Parole Revoked - Where parole is revoked by the Board after a hearing under subsection (3), the parolee shall, even if his or her parole had been granted before the coming into force of section 40 of Schedule N to the Government Efficiency Act, 2002, serve the remaining portion of his or her term of imprisonment, including any remission that was to his or her credit at the time parole was granted, less,
(a)	the period of time spent on parole;
(b)	the period of time during which parole was suspended and the parolee was in custody; and
(c)	any remission credited to the parolee applicable to the period during which the parolee is in custody after his or her parole was suspended.
(6) Same - Despite subsection (5), the Board may recredit an inmate whose parole is revoked through no fault of the inmate with all or part of the remission which the inmate would have been eligible to earn, if parole had not been granted, up to the time the parole was suspended and the parolee was in custody.
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