Probation and parole
Learn about probation and parole in Ontario and how offenders are supervised while in the community.
Parole
Parole is a conditional release from a correctional institution. It permits an offender to serve the remainder of their sentence in the community under the supervision of a probation and parole officer.
The Ontario Parole Board is responsible for parole decisions of offenders serving a sentence of two years less one day.
The Parole Board of Canada is responsible for offenders who have prison sentences of two years or more.
Granting parole
The board will only grant parole if it is satisfied that the offender will not present an undue risk to society before the expiration of the sentence.
If the board grants an offender parole, they set the conditions for release. Parole may be revoked if the offender doesn’t comply with the conditions. If parole is revoked, the offender serves the remaining portion of their sentence in custody.
Probation
Probation is ordered by the courts and allows the offender to serve their sentence in the community, subject to conditions prescribed in a probation order.
In Ontario, probation officers in 121 offices supervise approximately 32,000 probationers on any given day.
When probation can be used
Probation can be ordered by way of a conditional discharge or suspended sentence, or it may be included with any one of the following dispositions:
- fine
- imprisonment for a term not exceeding two years
- intermittent sentence
- conditional sentence
Offenders must be placed on probation if they have either a:
- conditional discharge
- suspended sentence
- intermittent sentence
Offenders may be placed on probation if they are receiving either a:
- fine
- incarceration
- conditional sentence
A probation order:
- cannot remain in force for more than three years
- cannot be made to run consecutive to another order (although orders do run concurrently where the offender is bound by several different orders at the same time)
- only ends on the expiry date, unless the court revokes or terminates the order early. The court can also, at any time, shorten the term of probation.
Definitions
The following are some key terms and phrases when discussing probation.
Conditional discharge
This occurs when an offender is not convicted but found guilty of an offence and is discharged on the conditions prescribed in a probation order.
If an offender is convicted of a subsequent offence during the term of probation, the court may decide to revoke the probation order and impose any sentence that could have been imposed at the time the order was made.
Suspended sentence
A conviction is recorded but the passing of sentence is suspended. Similar to a conditional discharge, a provision is in place for revoking the order, suspending the passing of sentence and imposing sentence.
Intermittent sentence
Where the court imposes a sentence of not more than 90 days, the court may order that sentence be served intermittently (such as, on weekends).
A probation order must accompany an intermittent sentence and is usually applicable only when the probationer is not confined.
If the intermittent sentence is to be followed by a further probation, a second probation order is often made.
Duration of probation
A probation order comes into effect on the day it is made or, if it follows incarceration, on the expiration of the custodial sentence.
Where there is a conditional sentence, the probation order comes into effect at the expiration of the conditional sentence.
Supervisory role of a probation and parole officer
The supervisory role of a probation officer and parole officer is to:
- prepare reports for courts and the Parole Board
- monitor and enforce probation and conditional sentence orders, and parole certificates
- conduct comprehensive assessments
- make effective case management decisions for offenders
- determine rehabilitative interventions for offenders, for example, referral to internal or community-based counselling and treatment programs or other supportive services such as employment and housing
Enforcement
A breach of probation occurs when an offender fails or refuses to comply with the condition(s) of their probation order without reasonable excuse
- an offence punishable on summary conviction with a maximum penalty not exceeding 18 months in jail and/or a fine not exceeding $5,000
- an indictable offence with a maximum penalty of imprisonment not exceeding four years
Revocation
When a person on probation with a suspended sentence or conditional discharge is charged and convicted of a subsequent offence during the term of the order, the Crown attorney may apply to the judge to have the order revoked.
The court may:
- impose any sentence that could have been imposed had the passing of sentence not been suspended
- revoke the discharge, convict the probationer on the original charge and impose any sentence that could have been imposed had the discharge not been granted initially
Conditions of probation
Reporting to a probation officer
A probation officer only has authority to supervise a person who has been placed on probation with a reporting condition. The court may outline the frequency and form of reporting.
Where the reporting condition is worded "report as directed" without outlining a reporting schedule, a probation officer will complete a comprehensive assessment. This will determine the appropriate intervention and frequency of reporting based on an analysis of the offender’s:
- risk to re-offend
- needs in areas linked with criminal conduct
Factors they consider in determining the type of intervention, include:
- legal requirements and conditions of probation
- public and victim safety
- circumstances of the offence(s) and risk of re-offending
- need, motivation and ability to benefit from rehabilitative services
- suitability for programs and services
Additional conditions
The Criminal Code enables the court to require a probationer to comply with other reasonable conditions to ensure:
- the good conduct of the accused
- the accused doesn’t repeat the same offence or commits other offences
Conditions of probation must:
- detail precisely what conduct or acts are prohibited, avoiding ambiguous, uncertain or contradictory wording
- be enforceable
- be relevant to offence and rehabilitation, as determined by case law
Conditions of a conditional sentence
Probation and parole officers also monitor offenders on conditional sentences, also referred to as conditional sentence supervisors. Reporting to a conditional sentence supervisor is mandatory.
As this type of sentence is viewed as a jail term served in the community, house arrest and curfew conditions are common for these orders. Other conditions may include:
- movement restrictions
- employment requirements
- program requirements
If an offender breaches any of the conditions, including incurring new offences, the offender can be taken into custody. The judge may make a decision to have the offender serve the remainder of the sentence in custody or be released into the community to serve the remainder conditional sentence.
The conditional sentence supervisor will complete a comprehensive assessment to determine reporting requirements and needs of the offender.
Conditions of a parole certificate
Probation and parole officers monitor offenders placed on provincial parole, and offenders must report to them. Parole allows the offender to transition back into the community through participation in activities such as employment, schooling and address other needs such as counselling and treatment.
If an offender breaches any of the conditions, parole can be revoked and the offender is taken into custody. The Parole Board will determine if the offender will serve the remainder of the sentence in a correctional facility or be released into the community to service the remainder of their sentence.
The probation and parole officer will complete a comprehensive assessment to determine reporting requirements and needs of the offender.