03.01.02.02 – Detainee – Residence in a half-way house

In some half-way situations, a person is REQUIRED to live in an establishment bound by a service contract entered into with the Minister of Public Security (MSP), such as:

• a community residential centre;       
• a community shelter;
• a foster home,
• a community resource (ex. alcoholism, drug abuse).

The MSP determines who may be required to reside in a half-way house. The person must:

• receive a temporary absence certificate from a house of detention or a community correctional centre, as a temporary absence in preparation for conditional release under section 136 of the Act respecting the Quebec correctional system;

OR

• obtain a temporary absence from a house of detention or a community correctional centre, as a temporary absence in preparation for conditional release under section 136 of the Act respecting the Quebec correctional system;

OR

• receive conditional release under section 145 of the Act respecting the Quebec correctional system;

Among the conditions identified on the certificate, the requirement to reside in a community resource may appear.

Such persons:

• then receive a BENEFIT of $333 a month as of the month they enter the half-way house;

• receive a monthly exemption of $200  for work income, or maternity or parental leave benefits from HRDC or the Department (PRALMA);

Required stay in a halfway house - person eligible for the 66/72 allowance

A person eligible for the 66/72 benefit who begins a required stay in a halfway house sees his or her monthly payment decrease the month following the event. When his or her spouse is also eligible for the 66/72 benefit, the spouse becomes eligible for the adjustment for an adult without a spouse beginning the month following the stay, as the spouses are no longer living together.

When the adult required to stay in a halfway house has a spouse who is a client of the Income Security Program and is not eligible for the 66/72 benefit, he or she and any children are not considered as forming a family with the adult not eligible for the 66/72 benefit in the three months following the event. In the fourth month, children may be added to the file of the parent not eligible for the 66/72 benefit if the other parent is still required to stay in a halfway house (see section “Adding a dependent child”).

Person who ceases to reside in an half-way house for the purpose of social reintegration

When A PERSON CEASES TO RESIDE IN A HALF-WAY HOUSE, he or she is eligible for last resort financial assistance beginning in the month in which he or she is authorized to leave the establishment. In such a case assistance paid for this month is reduced by the $319 already received (no prorating).

The ACCUSED required to resides for his or her rehabilitation in an establishment other than a penitentiary, a house of detention or any other prison is ELIGIBLE to a full benefit.

Any OTHER PERSON required to live in an establishment (OTHER THAN THOSE ESTABLISHMENTS PREVIOUSLY MENTIONED OR PRESCRIBED UNDER ANOTHER ACT) with a view to his or her reintegration into society is INELIGIBLE for assistance.

The adult other than the accused required to reside in a community resource other than a community residential centre (CRC), a group home (CHC) or a foster home (FA) is ineligible to benefits. However, he or she may be assisted by virtue of the discretionary power.

Where the adult is in one of the following situations, assistance amounts to $333:

• the adult required to reside, who obtains a temporary absence for social rehabilitation (issued by the prison director);
• the adult required to reside, who obtains a temporary absence in preparation for conditional release (issued by the Commission des libérations conditionnelles).

Where the adult is in one of the following situations, the full benefit is paid;

• the adult required to reside, who obtains a conditional release;
• the adult required to reside, who obtains a conditional sentence or a conditional discharge;
• the adult on probation required to reside.

PROBATION is a sentence, without a jail term, which allows the individual to keep his or her freedom provided that he or she complies with the obligations imposed by the Court.

The conditional sentence is a sentence which allows the individual to serve his or her sentence in the community while being subject to controls.

THE CONDITIONAL DISCHARGE is a sentence which allows a person recognized guilty of an offense to receive a pardon for this offense, provided he or she satisfies the conditions set.

However, OFFENDERS referred to specialized health-care facilities as a result of dysfunctional behaviour (alcoholism or drug dependency, family violence, sexual deviance, intellectual impairment or mental health problems) are not considered "required to reside in a half-way house" within the meaning of the Act. These persons are referred to community resources rather than community residential centres, community shelters or foster homes and are ELIGIBLE FOR REGULAR ASSISTANCE.

These cases involve offenders referred under provincial legislation, who:

• are on probation;
• are on temporary absence, even if no document attests that it will be permanent;
• have been paroled;
• are awaiting trial

The Minister of Public Security (MSP) determines who may be required to reside in a half-way house.  They must:

• be released on supervised probation under section 5 of the ACT RESPECTING CORRECTIONAL SERVICES;

OR

• be authorized to be TEMPORARILY ABSENT from a house of detention under section 22.2 of THAT ACT, where a certificate from the director general within the meaning of subsection (b) of section 1 of that Act attests that this absence is likely to be renewed;

OR

• be released on parole under section 21 of the ACT TO PROMOTE THE PAROLE OF INMATES.

Exception:

Contrary to a person authorized for a temporary absence, a person on parole loses his or her status of detainee. As a result, the MSP has no obligation to cover his or her needs.  This person is therefore eligible to regular benefits and residential fees where he or she meets the conditions provided for to grant this special benefit.

However, where the MSP nonetheless pays an allowance to cover the living expenses of this person, this will have to be considered in the calculation of his or her benefit.

The Band Council must therefore verify this possibility with the establishment.