Community supervision

When a youth justice court imposes a sentence of “custody and supervision” under section 42(2)(n) of the YCJA, the first two-thirds of the sentence is the “custodial portion,” while the last one-third is to be served in the community under a supervision order. The period of supervision is subject to mandatory conditions regarding reporting set out in section 97(1) of the YCJA, and the provincial director may impose other conditions to “promote reintegration of the youth” into the community or “protection of the public.” There is an expectation that the youth will have a level of supervision and support from youth workers while living in the community. If there is a “serious” breach of the conditions, the youth may be returned to custody subject to court review under section 103. Before expiry of the custodial portion of a sentence, a provincial director may apply to a youth justice court under section 98 for an order that the youth remain in custody rather than being released under community supervision.

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