TORIES' TOUGH JUSTICE PLANS COULD BACKFIRE, EXPERT SAYS

Bill Leaves No Middle Ground Between Prison And Probation

The Conservative government's plan to get tough on criminals by
eliminating house arrest for a variety of offences could backfire by
forcing judges to choose between prison and probation with nothing in
between, according to a B.C. expert on sentencing.

On Thursday, federal Justice Minister Vic Toews introduced
legislation that would eliminate conditional sentences -- often known
as house arrest -- for any indictable offence with a maximum penalty
of 10 years or more.

"Clearly the government feels that they're going to go to prison
instead," said Bryan Kinney, a criminologist at Simon Fraser
University. "But I think you might well see them being siphoned off
into probation or suspended sentences."

Conditional sentences, introduced by the Liberals in 1996, can be as
long as two years less a day and generally come with conditions far
stricter than probation -- such as staying home between certain
hours, abstaining from alcohol and not being in contact with certain people.

Offenders who violate those conditions are usually treated more
harshly than those who breach probation -- with many ordered to
complete the remainder of their sentence behind bars.

Conditional sentences were conceived as an alternative to jail for
offenders who were not a risk to public safety.

In practice, though, they have had only a modest impact on the prison
population.

Since the mid-1990s, the number of prisoners in B.C. jails -- which
incarcerate those with sentences under two years -- has dropped by
fewer than 400, from 2,361 in 1994-95 to 1,993 in 2003-04.

At the same time, though, the number of B.C. offenders on probation
has dropped by more than 2,000 -- from 13,452 to 11,137.

That suggests judges are using conditional sentences more often as an
alternative to probation than as a substitute for jail.

And that means eliminating conditional sentences as an option for
some crimes could make things easier, not tougher, on many criminals.

"I think we will get people going down to probation . . . more often
than people might suspect," said Kinney. "Simply because the
alternative [jail] might seem so drastic compared to what we're used to."

The Conservatives have said they will only eliminate conditional
sentences for what they describe as "serious" offences such as sexual
offences and impaired driving causing death.

But, under the law, conditional sentences will be forbidden for many
less serious crimes -- such as breaking and entering or trafficking
small quantities of cocaine -- because the maximum penalty for both
is life in prison.

Faced with the prospect of sending petty criminals to jail -- and
without the option of a conditional sentence -- Vancouver defence
lawyer Mark Jette said judges may choose the lesser penalty.

"They may be more inclined to do something with probation because, in
their heart of hearts, they believe the right sentence for this
person is not jail," he said.

Ben Doyle, chairman of the victim rights' group CAVEAT, said he
supported the changes to conditional sentences.

"Serious violent crimes cannot be denounced by house arrest," he said.

And Doyle said he doesn't think judges will opt for probation instead
of jail as a result.

If the changes to conditional sentences do result in more criminals
going to jail, it's not yet clear how the correction system will cope.

The Conservatives have set aside up to $245 million to pay for more
spaces in federal prisons.

But the biggest demand will likely be seen in provincial jails --
because conditional sentences are always less than two years.

Toews strongly suggested Thursday the federal government won't help
cover the costs, saying many provincial justice ministers asked for
the changes so they should pay their share.

Bruce Bannerman, a spokesman for B.C. Corrections, said almost all
its cells are occupied.

"We're double-bunking in a number of our facilities and we're nearing
capacity," he said.

By law, B.C. Corrections has to take any prisoner the courts send it.

"We would have to take a look at our facilities and develop some
strategies to deal with any increase that would come in," said Bannerman.

It costs $146 a day to house a prisoner in a provincial jail.

JURY IS OUT ON CONDITIONAL SENTENCING

The introduction of conditional sentences in 1996 didn't have as
dramatic an impact on the prison population as some predicted. In
fact, the figures suggest conditional sentences may have become as
much a replacement for probation as for jail. Below, number of B.C.
offenders by year:

1994/95 - 2003/04

Provincial jail*

2,361 - 1,993

Probation

13,452 - 11,137

Conditional sentences

0 - 2,003

* includes both those sentenced and those in remand awaiting trial

Source: Statistics Canada Vancouver Sun