Release from custody - an overview

When an adult or youth sentenced to custody has completed all or part of their sentence, they may be released back into the community.

The transition from custody back to community can be challenging, especially if the person has been in custody for a long time. Some individuals may return to previous criminal behaviour as they seek out familiar people and places during a stressful time. For this reason, arranging for individuals to receive supervision and support can be better than releasing them directly from a correctional centre into the community.   

Some individuals are released before the end of their sentence to allow them to be supervised in the community. This can be through parole or a statutory release. Once an individual has served their full sentence, they cannot be subject to supervision in the community unless a court specifically orders probation after they are released.

Parole

Parole and day parole are forms of release for adults in federal and provincial custody. When parole is granted, the offender is supervised by a parole officer until their sentence is over. Parole decisions are made by the Parole Board of Canada.

Visit Parole (Adult Offender) for more information.

Statutory and supervised release

Most individuals are not released from custody on parole. But many are released before the end of their sentences.

Most individuals in federal correctional centres are released after serving about two-thirds of their sentence. This is called statutory release. They are supervised for the rest of their sentence. But if an individual serving a federal sentence is considered dangerous, they may be denied any form of release before the end of their sentence. While they must be released on the last day of their sentence, Crown counsel may ask for a court order to allow them to be supervised in the community after their sentence.

Most individuals in provincial correctional centres are released sometime after serving two-thirds of their sentence. Community supervision, also called probation, follows time in custody when a judge has given a probation order.

Release planning

When an individual is nearing the point when they will be released from custody, federal or provincial corrections staff will work with them to prepare a release plan. A release plan is intended to help the individual reintegrate to life back in the community. Research and evidence show gradual release, with supervision, can be successful in helping individuals settle back into society.

More information

Visit: Release Planning (Adult Offender) for more information.