Bill 96, Ministry of Correctional Services Amendment Act (Parole), 2023

EXPLANATORY NOTE

The Bill provides that if an inmate who committed sexual or domestic violence is released on parole, the Board shall consider the appropriateness of electronic monitoring and may impose conditions with respect to electronic monitoring.

Bill 96 2023

An Act to amend the Ministry of Correctional Services Act

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Clause 35 (2) (a) of the Ministry of Correctional Services Act is repealed and the following substituted:

  (a)  subject to section 35.1, grant parole upon the conditions that it considers appropriate; or

2 The Act is amended by adding the following section:

Electronic monitoring for sexual and domestic offenders

35.1  (1)  If parole is granted to an inmate sentenced for an offence that the Board considers to be an offence of sexual or domestic violence, and the Board considers the inmate to be a safety risk to the victim of the offence,

  (a)  the Board shall consider the appropriateness of electronic monitoring; and

  (b)  if the Board determines that electronic monitoring is appropriate, the Board may impose conditions with respect to electronic monitoring.

Transition

(2)  Subsection (1) does not apply to inmates granted parole before the day section 2 of the Ministry of Correctional Services Amendment Act (Parole), 2023 comes into force.

3 Subsection 60 (1) of the Act is amended by adding the following clause:

(k.1) prescribing conditions that may be imposed on inmates who are granted parole and subject to electronic monitoring;

Commencement

4 This Act comes into force on the day that is three months after the day this Act receives Royal Assent.

Short title

5 The short title of this Act is the Ministry of Correctional Services Amendment Act (Parole), 2023.