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A fair, yet unfortunate situation

Okanagan Correctional Centre

Despite following a fair process, simple reminders to staff can be beneficial.

Ryder was incarcerated due to an outstanding child support debt payable to the Family Maintenance Enforcement Program (FMEP). He believed his release date, with a sentence reduction for good behaviour, was in four weeks based on BC Corrections’ client management system. He said this release date had also been confirmed by several BC Corrections employees.

However, Ryder was informed later that individuals convicted of FMEP-related offences were not eligible for sentence reductions. This meant his release date
was actually in eight weeks’ time, double what he had anticipated.

Frustrated, and feeling that it was unfair that he was told on several occasions that his release date would be much earlier, Ryder contacted us.

We investigated whether the Okanagan Correctional Centre (OCC) followed a reasonable procedure regarding Ryder’s release date. Over the course of our investigation, we reviewed several laws, including the Corrections Act, the Family Maintenance Enforcement Act and the Offence Act. Based on our review, we confirmed that individuals incarcerated under certain sections of the Family Maintenance Enforcement Act are ineligible for sentence reduction by way of remission. Therefore, OCC had not acted unreasonably when they advised Ryder of the correct release date.

The sentence calculation screen in CORNET, BC Corrections’ client management system, incorrectly displayed Ryder’s release date. However, there was an
override showing a later date with a note stating that Ryder was not eligible for sentence reduction because of the reason he was incarcerated. Still, Ryder claimed that he was originally provided with the wrong release date. The OCC acknowledged Ryder’s reason for incarceration was rare and agreed to remind staff that inmates incarcerated under this FMEP offence are not eligible for remission.

While we understood Ryder’s frustration with his situation, as OCC had taken steps to reduce the likelihood of future miscommunication, we discontinued our investigation.

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