4 Canada
(1) Identification system of “Dangerous Offenders”
This is a system where an indeterminate sentence with no upper limit of its term is handed if a person is convicted of a certain serious violent offense or sexual offense and the court identifies the offender as a “Dangerous Offender” based upon expert opinion. If an indeterminate sentence is handed down, a parole review will be conducted after seven years has passed after the commencement of the sentence. If the parole is denied, another review for parole will be conducted every two years. Also, even if parole is permitted, there is no expiration date for a sentence term of an indeterminate sentence. Therefore, unless he/she is granted a clemency/amnesty, he/she will remain under supervision in society through the rest of his/her life.
(2) Offenders treatment programs at institutions (federal penal institutions)
The offenders treatment programs, with the prevention of recidivism as its main objective, include various programs with an approach based on cognitive behavioral treatment theory as their core, and are implemented centered around group work. Individualized treatment is added if necessary. An offenders treatment program is determined based on the assessment of the risk after their (the possibility of a repeat offense) and the needs (behavioral changes and return-to-society measures necessary for the prevention of a repeat offense) upon imprisonment. In regard to the treatment programs, various types are prepared, including those which correspond to type of offense, such as a sexual offense/violent offense program, those which aim at behavioral changes, such as an emotion maintenance program, and those which place their focus on reintegration into society, such as education/employment/parenting education program, and there are cases where several programs are obliged to be taken. According to the result of taking a program, there are cases where the treatment program is changed by newly assessing the level of an offender's risk/needs.
(3) Treatment in community- probation or parole supervision
The treatments in community implemented by a probation office include treatment for parolees, treatment at an intermediate treatment facility before proceeding to ordinary parole supervision after parole is granted, and treatment for those with a probation order. A probation order imposes items to be observed, such as a good behavior maintenance duty, a notification duty at the time of change in residence/job and a duty to participate in a certain treatment program, by suspending the execution of a sentence. If a person commits a repeat offense or violates a requirement that should have been observed, he/she is subject to a punishment.
(4) Long-term social supervision system
This is a system in which certain sexual offenders, etc. become subject to supervision in society for a period of ten years or less, based on a court order after the completion of a sentence term. Specifically, if a court considers that a person is not a “Dangerous Offender” as mentioned in (1) above, but he/she is a “Long-term Offender” who has risk of harming others in the future by committing a similar offense, the court issues a “long-term supervision order” with an community supervision for a necessary period of time after the expiration of a sentence term as its contents upon specifying its term, together with a sentence of imprisonment.
(5) Special action restriction order (sureties to keep the peace)
This is a system regarding persons who cause serious danger to others, or have risk of committing certain offenses, such as a sexual offense against those under 14 years of age. If a court recognizes such risk, it may require the offender to submit a recognizance and impose requirements that must be abided to for a period of twelve months or less. If he/she breaks any of the requirements to be observed, he/she becomes subject to punishment.
(6) Canada Sexual Offenders' Registry
From 2004, sexual offenders who meet certain criteria are obliged to be registered in a nation-wide database, based on their report to the police once a year. The periods of reporting duties, depending on the severity of sentences, are 10 years, 20 years or life. If a person violates the reporting duty, he/she become subject to punishment. Since it is utilized for police investigation, etc., it is not publicized to the public.
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