Corrections and Conditional Release Act

Marginal note:Annual review of orders

• 131 (1) The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order.

• Marginal note:Schedule I offence

  (1.1) Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order.

• Marginal note:Board to inquire

  (2) The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order.

• Marginal note:Board’s powers on review

  (3) The Board, on completing a review under subsection (1), shall

  • (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),

    • (i) confirm the order,

    • (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or

    • (iii) order the statutory release of the offender without such a residence requirement; or

  • (b) with respect to an order made under subparagraph (3)(a)(ii),

    • (i) confirm or modify the order, or

    • (ii) order the statutory release of the offender without such a residence requirement.

• Marginal note:Consent of Commissioner

  (4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

• Marginal note:Designation

  (5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).