Temporary accommodati on in penitentiary

94. (1) At the request of a person who has been released from penitentiary on parole or statutory release, or who is entitled to be released from penitentiary on statutory release, the institutional head may allow the person to stay temporarily in the penitentiary in order to assist that person's rehabilitation, but such a temporary stay may not extend beyond the expiration of the person's sentence.

(2) Section 94 of the Act is amended by adding the following after subsection (2):

Continuation of parole or statutory release

(3) Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.

25. (1) Paragraph 96(d) of the French version of the Act is replaced by the following:

    d) concernant l'incarcération des détenus conformément à l'article 28 et leur transfèrement conformément à l'article 29;

(2) Paragraph 96(m) of the Act is replaced by the following:

    (m) prescribing the procedures to be followed in conducting a urinalysis and the consequences of the results of a urinalysis;

(3) Paragraph 96(o) of the Act is replaced by the following:

    (o) respecting

      (i) the submission of reports referred to in section 67, and

      (ii) the return or forfeiture of items seized under section 65 or subsection 66(2) or otherwise in possession of the Service;

(4) Paragraph 96(z.2) of the Act is replaced by the following:

    (z.1.1) prescribing the sources of income from which a deduction may be made pursuant to paragraph 78(2)(a) or in respect of which a payment may be required pursuant to paragraph 78(2)(b);

    (z.2) prescribing the purposes for which deductions may be made pursuant to paragraph 78(2)(a) and prescribing the amount or maximum amount of any deduction, which regulations may authorize the Commissioner to fix the amount or maximum amount of any deduction by Commissioner's Directive;

    (z.2.1) providing for the means of collecting the amount referred to in paragraph 78(2)(b), whether by transferring to Her Majesty moneys held in trust accounts established pursuant to paragraph 96(q) or otherwise, and authorizing the Commissioner to fix, by percentage or otherwise, that amount by Commissioner's Directive, and respecting the circumstances under which payment of that amount is not required;

26. (1) The definition ``Board'' in subsection 99(1) of the Act is replaced by the following:

``Board''
« Commission »

``Board'' means the National Parole Board continued by section 103 and includes a provincial parole board where it exercises jurisdiction in respect of parole as provided by section 112 or in respect of which any other provision of this Part is, by virtue of section 113, rendered applicable;

(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:

``sentence''
« peine ... »

``sentence'' has the same meaning as in Part I;

``working day''
« jour ouvrable »

``working day'' means a day on which offices of the public service of Canada are generally open in the province in question.

27. Section 102 of the French version of the Act is replaced by the following:

Critères

102. La Commission et les commissions provinciales peuvent autoriser la libération conditionnelle si elles sont d'avis qu'une récidive du délinquant avant l'expiration légale de la peine qu'il purge ne présentera pas un risque inacceptable pour la société et que cette libération contribuera à la protection de celle-ci en favorisant sa réinsertion sociale en tant que citoyen respectueux des lois.

28. Subparagraphs 107(1)(e)(i) and (ii) of the English version of the Act are replaced by the following:

      (i) a life sentence imposed as a minimum punishment or commuted from a sentence of death,

      (ii) a sentence for an indeterminate period, or

29. Subsection 112(1) of the French version of the Act is replaced by the following:

Compétence

112. (1) La commission provinciale a, conformément à la présente partie, compétence en matière de libération conditionnelle des délinquants purgeant une peine d'emprisonnement dans un établissement correctionnel provincial, à l'exception de ceux qui ont été condamnés à l'emprisonnement à perpétuité comme peine minimale, qui ont bénéficié d'une commutation de la peine de mort en emprisonnement à perpétuité ou qui purgent une peine d'emprisonnement pour une période indéterminée.

30. Subsection 113(1) of the French version of the Act is replaced by the following:

Adoption par renvoi

113. (1) Le lieutenant-gouverneur en conseil peut, par décret, déclarer que les dispositions de la présente partie qui ne s'appliquent pas par ailleurs aux commissions provinciales s'appliquent, en tout ou en partie, à la commission provinciale qui a été instituée dans sa province et aux délinquants qui en relèvent.

31. The portion of subsection 115(1) of the Act before paragraph (c) is replaced by the following:

Minimum time to be served

115. (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

    (a) in the case of an offender serving a life sentence, the period required to be served by the offender to reach the offender's full parole eligibility date less three years;

    (b) in the case of an offender serving a sentence for an indeterminate period, three years; and

32. Paragraphs 116(1)(a) and (b) of the French version of the Act are replaced by the following:

    a) une récidive du délinquant pendant la sortie ne présentera pas un risque inacceptable pour la société;

    b) elle l'estime souhaitable pour des raisons médicales, administratives, de compassion ou en vue d'un service à la collectivité, ou du perfectionnement personnel lié à la réadaptation du délinquant, ou pour lui permettre d'établir ou d'entretenir des rapports familiaux notamment en ce qui touche ses responsabilités parentales;

33. Section 119 of the Act is amended by adding the following after subsection (1):

Idem

(1.1) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), an offender shall not be released on day parole until three years before the day that is determined in accordance with that subsection.

34. Section 120 of the Act is replaced by the following:

Time when eligible for full parole

120. (1) Subject to sections 747 and 761 of the Criminal Code and to any order made under section 741.2 of that Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.

Life sentence

(2) Subject to any order made under section 741.2 of the Criminal Code, an offender who is serving a life sentence, imposed otherwise than as a minimum punishment, is not eligible for full parole until the day on which the offender has served a period of ineligibility of seven years less any time spent in custody between the day on which the offender was arrested and taken into custody, in respect of the offence for which the sentence was imposed, and the day on which the sentence was imposed.

Additional consecutive sentence

120.1 (1) Where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

    (a) any remaining period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed; and

    (b) the period of ineligibility in relation to the additional sentence.

Additional sentence to be served consecutively to a portion of the sentence

(2) Notwithstanding subsection (1), where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to a portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the latest of

    (a) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence the offender was serving when the additional sentence was imposed,

    (b) the day on which the offender has served, commencing on the date on which the additional sentence was imposed, the period of ineligibility for full parole in relation to the additional sentence, and

    (c) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence that includes the additional sentence as provided by subsection 139(1).

Additional concurrent sentence

120.2 (1) Subject to subsection (2), where an offender who is serving a sentence receives an additional sentence that is to be served concurrently with any portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the later of

    (a) the day on which the offender has served the period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed, and

    (b) the day on which the offender has served

      (i) the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and that is subject to an order under section 741.2 of the Criminal Code, and

      (ii) the period of ineligibility in relation to any other portion of that sentence.

Where sentence in addition to life sentence

(2) Where an offender who is sentenced to life imprisonment or for an indeterminate period receives an additional sentence for a determinate period, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

    (a) any remaining period of ineligibility to which the offender is subject; and

    (b) the period of ineligibility in relation to the additional sentence.

Where reduction of period of ineligibility for parole

(3) Where, pursuant to section 745 of the Criminal Code, there has been a reduction in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

    (a) the remaining period of ineligibility to which the offender would have been subject, after taking into account the reduction; and

    (b) the period of ineligibility in relation to the additional sentence.

Maximum period

120.3 Subject to section 742 of the Criminal Code, where an offender who is serving a sentence receives an additional sentence, the day on which the offender is eligible for full parole shall not be later than the day on which the offender has served fifteen years from the day on which the last of the sentences was imposed.

35. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:

Exceptional cases

121. (1) Subject to section 102 and notwithstanding sections 119 to 120.3 or any order made under section 741.2 of the Criminal Code, parole may be granted at any time to an offender

(2) Paragraphs 121(2)(a) and (b) of the English version of the Act are replaced by the following:

    (a) serving a life sentence imposed as a minimum punishment or commuted from a sentence of death; or

    (b) serving, in a penitentiary, a sentence for an indeterminate period.

36. Subsection 122(5) of the French version of the Act is replaced by the following:

Durée maximale

(5) La semi-liberté est accordée pour une période maximale de six mois; elle peut être prolongée pour des périodes additionnelles d'au plus six mois chacune après réexamen du dossier.

37. (1) Subsection 123(3) of the Act is replaced by the following:

Review by Board

(3) The Board shall, on application within the period prescribed by the regulations, review, for the purpose of full parole, the case of every offender who is serving a sentence of less than two years in a penitentiary or provincial correctional facility in a province where no provincial parole board has been established.

Short sentences

(3.1) The Board is not required to review the case of an offender who applies for full parole if the offender is serving a sentence of less than six months.

(2) The portion of subsection 123(5) of the Act before paragraph (c) is replaced by the following:

Further review

(5) Where the Board decides not to grant parole following a review pursuant to section 122 or subsection (1) or a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of

    (a) the date on which the first review under this section took place or was scheduled to take place, and

    (b) the date on which the first review under section 122 took place,

and thereafter within two years after the date on which each preceding review under this section or section 122 took place or was scheduled to take place, until

38. Section 124 of the Act is amended by adding the following after subsection (3):

Review

(4) Where the Board exercises its power under subsection (3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review and either confirm or cancel its decision.

39. Subsection 125(1) of the Act is replaced by the following:

Application

125. (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(a), other than an offender

    (a) serving a sentence for one of the following offences, namely,

      (i) murder,

      (ii) an offence set out in Schedule I,

      (iii) an offence under section 463 of the Criminal Code that was prosecuted by indictment in relation to an offence set out in Schedule I, other than the offence set out in paragraph (1)(q) of that Schedule, or

      (iv) an offence set out in Schedule II in respect of which an order has been made under section 741.2 of the Criminal Code;

    (b) serving a life sentence imposed otherwise than as a minimum punishment; or

    (c) whose day parole has been revoked.

Idem

(1.1) For greater certainty, this section and section 126

    (a) apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, is sentenced in respect of an offence, other than an offence referred to in paragraph (1)(a), that was committed before the offender was sentenced, committed or transferred to penitentiary for the first time; and