Marginal note:Conditions for authorization
116. (1) The Board may authorize the unescorted temporary absence of an offender referred to in paragraph 107(1)(e) where, in the opinion of the Board,
(a) the offender will not, by reoffending, present an undue risk to society during the absence;
(b) it is desirable for the offender to be absent from penitentiary for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;
(c) the offender’s behaviour while under sentence does not preclude authorizing the absence; and
(d) a structured plan for the absence has been prepared.
(2) The Commissioner or the institutional head may authorize the unescorted temporary absence of an offender, other than an offender referred to in paragraph 107(1)(e), where, in the opinion of the Commissioner or the institutional head, as the case may be, the criteria set out in paragraphs (1)(a) to (d) are met.
Marginal note:Medical reasons
(3) An unescorted temporary absence for medical reasons may be authorized for an unlimited period.
Marginal note:Personal development or community service
(4) Subject to subsection (6), an unescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of fifteen days, at the rate of not more than three times a year for an offender classified by the Service as a medium security offender and not more than four times a year for an offender classified as a minimum security offender.
(5) An unescorted temporary absence authorized for reasons referred to in subsection (4) must be followed by a period of custody of at least seven days before the next such absence.
(6) An unescorted temporary absence for purposes of a specific personal development program may be authorized for a maximum of sixty days and may be renewed, for periods of up to sixty days each, for the purposes of the program.
Marginal note:Absences for other reasons
(7) Unescorted temporary absences for reasons other than those referred to in subsection (3) or (4) may be authorized for a maximum total of forty-eight hours per month for an offender classified by the Service as a medium security offender, and for a maximum total of seventy-two hours per month for an offender classified as a minimum security offender.
(8) The circumstances and manner in which, and the time at which, an application for an unescorted temporary absence must be made shall be prescribed by the regulations.
Marginal note:Travel time
(9) In addition to the period authorized for the purposes of an unescorted temporary absence, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.
Marginal note:Cancellation of absence
(10) The Board, the Commissioner or the institutional head, whichever authorized a particular unescorted temporary absence of an offender, may cancel that absence, either before or after its commencement,
(a) where the cancellation is considered necessary and reasonable to prevent a breach of a condition of the absence or where such a breach has occurred;
(b) where the grounds for granting the absence have changed or no longer exist; or
(c) after a review of the offender’s case based on information that could not reasonably have been provided when the absence was authorized.
- 1992, c. 20, s. 116;
- 1993, c. 34, s. 58(F);
- 1995, c. 42, ss. 32(F), 71(F).
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