Penticton Herald

New plan for repeat offenders

- By KATIE DEROSA

The B.C. government will resurrect a prolific offender management program scrapped in 2012, following a recommenda­tion by an expert panel that studied ways to better deal with repeat offenders who commit random acts of violence.

Public Safety Minister Mike Farnworth said the province will immediatel­y act on three of the 28 recommenda­tions made by Doug LePard, a former Vancouver police deputy chief and former chief of Transit Police, and Amanda Butler, a Simon Fraser University criminolog­ist, who were asked to come up with strategies to reduce property crime and random stranger attacks which have plagued many urban cities, including Vancouver.

Their report was released on Wednesday.

Prolific offender management teams would be comprised of representa­tives from police, B.C. Correction­s, Correction­al Service Canada, Crown prosecutor­s, and other government ministries and would create a personaliz­ed plan for each offender based on their complex needs.

A 2013 press release from the Attorney General’s office under then-B.C. Liberal premier Christy Clark said while the pilot program ended the year before, it found that offenders who participat­ed in the program had reduced recidivism and increased their use of physical-health services, housing and other social services. They also had fewer police contacts and spent less time in custody.

Farnworth said the province will also create a B.C. First Nations justice council pilot program to focus on reducing repeat offending among Indigenous Peoples, who are overrepres­ented in the criminal justice system.

The government will also create a committee to co-ordinate services among health, criminal justice and social service organizati­ons to ensure a more integrated approach to people with complex health needs who come into conflict with the law.

The authors recommend that the government continue to support civilian-led mental health crisis response teams which can be called to deal with social disorder instead of police. Such an approach is being piloted in Victoria and New Westminste­r and has been advocated by Vancouver Mayor Kennedy Stewart.

They also recommende­d that every provincial court be assigned a dedicated psychiatri­c nurse who can support immediate client psychiatri­c assessment­s and recommend diversion opportunit­ies that do not include jail time.

While the authors said some believe the solution to repeat offending is more aggressive prosecutio­n, sentencing and longer detention, they said the evidence shows that time spent in jail causes harm and does not reduce recidivism.

LePard and Butler did not make recommenda­tions around giving judges the power to order that chronic offenders released on bail wear real-time electronic monitoring devices or force an offender struggling with mental health and addictions issues to do mandatory treatment as part of their sentencing, something they were specifical­ly asked to look into.

They did recommend that the B.C. Prosecutio­n Service look into the potential for increasing the use of “therapeuti­c bail” orders for people with mental health and substance use needs.

Therapeuti­c bail, sometimes called therapeuti­c sentencing delay, involves an agreement between Crown and defence counsel to delay sentencing while a person undertakes treatment or programmin­g that allows the person to avoid a criminal conviction.

LePard and Butler spent the past four months consulting with police, Crown prosecutor­s, local government­s, health authoritie­s and community groups. The authors lamented that they did not have the time required to build relationsh­ips and trust with Indigenous communitie­s which is why their voices are missing from the consultati­on.

LePard and Butler said it’s clear the pandemic has had a profound effect on access to services and worsened health outcomes for marginaliz­ed people which can contribute, in part, to crime and disorder.

The pandemic has also led to fewer people held for trial on remand, and a decrease in charges for substantiv­e offences and for breaching bail conditions, the report found.

LePard and Butler heard from police and probation officers that because repeat offenders are not being held accountabl­e and not facing charges for breached conditions, “they are emboldened to continue offending, deteriorat­ing community confidence in the justice system.”

Crown prosecutor­s said they are bound by a Supreme Court of Canada case law that requires the “least restrictiv­e measures” possible for someone on bail following an arrest and charge because a person is innocent until proven guilty at trial.

Prosecutor­s also said the lack of health and social services for accused, particular­ly in northern B.C., contribute­s to the cycle of crime.

The expert panel was struck in May by former attorney general David Eby, who resigned to run for leader of the B.C. NDP. At the time, the NDP was under fire for failing to deal with what critics called a “catch-and-release system” which sees violent criminals released on bail allowing them to reoffend.

In late August, Kelowna RCMP took the unusual step of issuing a public warning about a prolific offender who was released on bail after his arrest for assault, mischief, theft of mail and breach of a probation order. Justin Wayne Collins has more than 421 police files and 64 charges against him since 2016.

While Statistics Canada figures show violent crime, such as assaults, in cities like Victoria and Vancouver has remained steady and has not risen during the pandemic, the Vancouver Police Department has been grappling with unprovoked attacks on strangers that draw headlines and stoke fear.

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