03.01.02.07 – Detainee – Temporary absence

The DETAINEE in a provincial prison may obtain a TEMPORARY ABSENCE for various reasons. This absence may be granted by the prison director or by the Commission québécoise des liberations conditionnelles.

Temporary absences granted by the Commission québécoise des libérations conditionnelles are dealt with in Theme 3.1.2.7.

The house of detention director may grant a temporary absence to an DETAINEE for the following reasons:

• medical grounds, the offender is uneligible;
• participating in a social rehabilitation support fund activity or participating in a spiritual activity, these are day absences only and the offender is uneligible;
• humanitarian grounds, the offender remains under the responsibility of the MSP and is uneligible;
• social rehabilitation grounds, the process varies according to the temporary absence conditions :

• where the offender is required to reside in a community residential centre, (CRC), a community shelter (CHC) or a foster home (FH), he is considered a required to reside (refer to 3.1.2.2);
• where the offender is required to reside in a detoxification centre or another centre of the same type, the adult is uneligible but assistance may be awarded under discretionary power (refer to 3.1.2.2).
• where absence is continued and the adult is not required to reside, the adult is eligible for the duration of the absence (renewable);

The DETAINEE is an individual who serves an imprisonment sentence in a house of detention. He or she is under the responsibility of the ministère de la Sécurité publique (MSP). Where temporary absence is for a short period of time (less than 5 days in a week), he or she remains under the responsibility of the MSP and is uneligible.

Temporary absence granted to facilitate social rehabilitation is for a maximum period of 60 days and is renewable. Assistance is granted to an individual in this situation and may not exceed the duration of the authorized temporary absence. Where the temporary absence is renewed, the beneficiary will have to provide relevant documents prior to receiving assistance.

¹Assistance could be granted in virtue of discretionary power (refer to 3.1.2.2)