Probation is a court imposed, community-based sentence designed for offenders who require supervision, control and counselling to develop their potential as law abiding members of the community.
A probation order is a legal document which outlines the conditions an offender must fulfill while on probation. The standard conditions require the offender to keep the peace and be of good behaviour and to appear before the court when required to do so. Depending upon their individual needs offenders may be required to:
A Conditional Sentence Order is a Court Order which provides for offenders to serve a period of incarceration in the community obliging them to comply with specific conditions. In addition to compulsory conditions such as keep the peace and be of good behaviour; report to a supervisor as required; and remain within the jurisdiction of the Court, offenders may be subject to optional conditions such as:
A sentencing Judge can impose a Conditional Sentence Order for any length of time to a maximum of two years less a day.
Offenders who breach the conditions of a Conditional Sentence Order will be arrested, detained and appear in Court pursuant to Section 742.6 of the Criminal Code of Canada. They may be required to serve the remainder of their sentence in an institution.
A probation officer is a trained professional who conducts investigations, prepares pre-sentence reports for the courts and supervises offenders within the community. A probation officer assesses the offender to determine the risk of re-offending and to identify individual needs.
An offender who fails to comply with the conditions of a probation order may be charged pursuant to Section 733.1(1) of the Criminal Code of Canada. Failure to comply can result in either an indictable offence punishable by a maximum imprisonment of two years or a summary conviction carrying a term of imprisonment for up to six months and/or a fine up to $2000.00.
A sentencing judge may issue a probation order for any length of time up to a maximum of three years.
A Community Service Order (CSO) may be imposed by the court as an alternative to imprisonment. It requires an adult offender to perform volunteer work for a non-profit agency in the community as one of the conditions of a Probation Order.
Electronic Monitoring is a system for keeping track of offenders who are serving their prison sentences in the community. The system includes a portable transmitter which offenders wear around their ankle. This unit sends out a radio signal that is picked up by a receiver attached to an offenders' home telephone. The signal is monitored 24 hours a day by Adult Corrections staff.
If the equipment is tampered with, or if offenders leave their homes without permission, Adult Corrections staff are alerted. Offenders can be returned to custody if they violate any program conditions.
Offenders must agree to participate in the program and meet the following criteria:
Offenders must stay inside their homes unless they have permission to leave. Permission to be absent during specific times will usually be given for the following reasons: