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Archived Content Contenu Archivé ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. D. J. DUNCAN & ASSOCIATES LTD. 1S-0 6 1 the Crown. R(11 Copyright of this document does not belong to author for — the must be obtained fro m ROM' authorization 19s1 any intended use. present document n' appartiennent Les droits d'auteur du du contenu du present pas à l'État. Toute utilisation enlellt peauteur. document do 1 1 1 PROJECT 2-3284 JULY 1981 1 review of the Sentence Calculation Process and an Opinion Regarding the Feasibility of Automating the Process ) Correctional Services Canada LIBRARY SOLIGITOR GENERAL CANADA u UN HV JOIN 23 1995 9506 R49 PIDLIOTW:OUE SOLLICITEUR OfflIAL CANADA 1981 OTTAWA (OWAR1O) KiA aP8 D.). DUNCAN & ASSOCIATES LTD. EXECUTIVE SUMMARY Introduction On May 1, 1981, Mr. Duncan of D. J. Duncan & Associates Limited was instructed to undertake a seven point program to study the feasibility of automating the sentence calculation process. The study has now been . completed and the conclu- sions and recommendations are contained in the report which follows. Nature of the Study The sentence administration process was reviewed with Mr. P. Carey. The process was then examined from the courts, through the pronouncement of sentence transcribed by the Clerk of the Court, to the Penitentiary Placement Officer down to the Sentence Administrator at the institutions. We were also fortunate in being able to interview individuals indirectly concerned with sentence administration, such as Correctional Services Legal Advisors, senior officers from the Ministry of Solicitor General, and the Canadian Centre for Justice Statistics. Organization of Report The terms of reference for this study requested that we specifically examine four main areas and therefore the first four sections of the report will be devoted to our analysis of these four topics. 1. Standardization of warrant procedures 2. The legislation and Acts that impinge on Sentence Administration 3. The sentence calculation procedure 4. The options to automate or to establish a uniform Sentence Administration system During the course of our study we encountered several other groups whose work, both directly and indirectly, could have a significant bearing upon an automated sentence adminis- tration system. We have therefore devoted a section to their activities. In the concluding section, we have summarized our opinion_ and set out our recommendations. We have also recommended further analysis to confirm the system scope, objectives, and user needs as well as to confirm the development and implementation costs for the automated sentence administra- tion system. D. J. DUNCAN & ASSOCIATES LTD. - ii - Opinion The principal objective of this study was to evaluate the present manual sentence calculation function and to express an opinion regarding the feasibility of the automation of this process. It is certainly feasible and desirable to automate the sentence calculation process. We do not, however, recommend automation of the sentence calculation process alone. We recommend the building of a comprehensive sentence administration system, and that "sentence calculation" would simply be one part of the system. Of equal importance, we recommend that warrant interpretation and sentence calculation should be performed early in the sentence administration cycle, and close to the court and judge responsible for the verdict. Sentence calculation is a simple arithmetic calculation. The difficult part of the sentence calculation process is the interpretation of the Warrant(s) of Committal and any complications to this interprétation from the prisoner's -prior criminal record. We consider warrant interpretation to be more of a legal function than an administrative function; that warrant(s) should be clearly interpreted and the sentence calculated before the prisoner leaves Provincial custody. Analysis of the sentance administration process in two institutions in different regions and the court house in Ottawa revealed that the manual procedures and supporting forms and paperwork vary considerably with each region, and probably with each institution. We concluded that there was not a uniform manual sentence administration process. Options to Automate or to Establish a Uniform Manual Sentence Administration System Our principal recommendation is to build an automated sentence administration system which would include a sentence calculation routine, and to initiate this system at the Clerk of the Court phase. We are well satisfied with the logic of our recommendation. We do appreciate however, that we have presented a substantial and novel change to present practice, as well as proposed an extensive computer controlled network to service the 800 to 1,000 Provincial court houses in Canada. D.J. DUNCAN & ASSOCIATES LTD. - iii - We have therefore presented a second less extensive computer option as well as a third option recommending an improvement and standardization of the present sentence administration procedures. Recommendations Option I Initiate an automated sentence administration system with the staff of the Clerk of the Court. Support the system with a Word Processor or intelligent terminal device in each court house which could type Warrants of Committal, calculate sentences, and have a communication link to a central computer with complete inmate history records. Option II Initiate an automated sentence administration system and calculate sentences, at the Penitentiary Placement phase. Support the system with a Word Processor or intelligent terminal device in each of the fifty-two (52) Parole (Reporting) Offices. Each field unit would have a communication link to a central computer with complete inmate history records. Option III Improve the manual sentence administration procedures through the establishment of a uniform manual system with a reduction and standardization of forms. D. J. DUNCAN & ASSOCIATES LTD. - iv - TABLE OF CONTENTS Page EXECUTIVE SUMMARY TABLE OF CONTENTS iv I INTRODUCTION 1 A. Background 1 B. Objective 1 C. Methodology 1 II ANALYSIS 3 A. Standardization of Warrant Procedures 3 B. The Legislation and Acts that Impinge on Sentence Administration 5 C. The Sentence Calculation Procedure 7 D. Options to Automate or to Establish a Uniform Manual Sentence Administration System 8 Option I - System Initiation at the Clerk of the Court Phase 8 Option II - System Initiation at the Penitentiary Placement Phase 10 Option III - Establish a Uniform Manual Sentence Administration System 12 E. Other Programs Under Way that can Affect the Sentence Administration System 13 1. New Legislation Initiated by the Ministry of Solicitor General which Includes a Redesign of "Form 18" 13 2. The Canadian Centre for Justice Statistics 14 3. Rationalization of the Sixty Reports Outlined in the CSC Case Book by Messrs. McVie and Hyme 14 4. Expansion of the O.I.S. Terminal Network from Ten to Eighteen Installations by Spring, 1982 15 5. Apocalypse Enterprises Inc. Automated Sentence Calculation Computer Package 15 D. J. DUNCAN & ASSOCIATES LTD. - v - TABLE OF CONTENTS (cont'd.) Page III CONCLUSIONS AND RECOMMENDATIONS 16 A. Future Action 18 1. Workplan to Confirm System Scope 18 2. Workplan to Confirm Financial Data - Cost and Benefits 20 B. Summary of Findings and Opinion 21 I D. J. DUNCAN & ASSOCIATES LTD. - vi - LIST OF APPENDICES 1. Significant Statistics 2. The O.I.S. Organization, Equipment, and Major Files 3. Sentence Administration Staff by Region 4. Approximate Sentence Administration Staff Costs 5. Estimated Manual Sentence Calculation Cost I Analysis 6. Significant Acts and Legislation Affecting Criminal Sentencing t 7. Effective Dates of Legal Rulings and Amendments to the Acts that Affect Sentence Interpretation I 8. A Standard Automated System Development Cycle Methodology I 9. Sentence Administration System Development Estimates. Development Costs for Field Units and Central Computer System. I 10. Block Diagram of Inmate Movement and Supporting Document Flow I 11. Block Diagram - Automation of the Sentence Calculation Function at the Clerk of the Court Phase I I I I I I t D.J. DUNCAN & ASSOCIATES LTD. - vii - LIST OF EXHIBITS 1. Automated Sentence Calculation by Alan G. Law of Apocalypse Enterprises
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