CONDITIONAL SENTENCE PICKLIST

Table of Contents

Compulsory Terms

Compulsory No Contact and No Go Complainant

Compulsory Reporting

Residence, House Arrest, E.M.P., Carry Permission

No Go Specific Address and Red Zone

No Go and No Contact with Minors

Contact with Future Partners

No Contact with Persons Identified by Supervisor

Criminal Harassment

Drugs and Alcohol

Counselling, Treatment, Rogers Order, and Releases

Community Work

Restitution

Apology and Restorative Justice

Support Dependents

Technology

Trafficking and Drug Production

Firearms and Weapons

Tools, Disguises and Colours

Commercial Crime

Vehicles

Compulsory Terms

Term of the order[1] / You must comply with the conditions of a conditional sentence order[2] for a term of ___.[3] The conditions of the order are:
COMPULSORY CONDITIONS[4] / 3001 / You must keep the peace and be of good behaviour.
You must appear before the court when required to do so by the court.
You must notify the court or your conditional sentence supervisor( __ days) in advance of any change of name or address and promptly notify the court or supervisor of any change in employment or occupation.[5]
You must remain in British Columbia unless you have prior written permission from the Court or your conditional sentence supervisor to leave the province. (You must carry the written permission when you are outside the province).

Compulsory No Contact and No Go Complainant

COMPULSORY NO CONTACT / 3002 / You must have no contact or communication, directly or indirectly, with ______(except with a further order of this court)[6].
The exceptions are as follows:[7]
  1. through (email; text; telephone; a named third party) for the sole purpose of ______.
  2. for the sole purpose of picking up and dropping off your children for parenting or contact time.[8]
  3. in accordance with a Family Court Order made by a judge who has reviewed this order.[9] You must forthwith file a copy of this order in any family proceeding in which you are a party or become a party. (You must give notice of any Family Court application for parenting or contact time with your children, with a copy of this order attached, to the Director of Child Protection).[10]
  4. during one attendance, in the company of a peace officer for the purpose of retrieving your personal belongings.
  5. through or in the immediate presence of ______(but only after he or she has been informed by your conditional sentence supervisor officer of this order and your history as described in your criminal record).[11]
  6. you may have contact and communication with ______but you must immediately leave (his or her) presence upon their request (or the request of a peace officer)[12]. If this happens you must have no further contact, or communication with ______without further order of this court.[13]
  7. you may have contact with ______but must never be in (his or her ) presence if you have any alcohol, intoxicating substance or drugs in your body[14] or in your immediate possession, except in accordance with a medical prescription. (continued)
  8. through or in the immediate presence of a lawyer who has reviewed this order.
  9. through or in the immediate presence of one or more of the following professionals, after he or she has reviewed this order:counsellor, family justice counsellor,or mediator.
  10. in a public place (in the presence of ____ / where other adults are present).
  11. during scheduled court appearances or case conferences but only with a sheriff present.[15]

(OPTIONAL) NO SOCIAL MEDIA / 3003 / You must not publish or publicly make available any information respecting ______via the internet or social media including Facebook, Twitter, My Space, Instagram, text messaging and email, or any other like service.
(OPTIONAL) NON-ASSOCIATION / 3004 / You must have no contact or communication directly or indirectly with (co-accused or gang) (except:)[16]
  1. during scheduled court appearance;
  2. through or in the immediate presence of a lawyer who has reviewed this order.

compulsory NO Go / 3005 / You must not go to (or be within ____ metres of)[17] (any residence, school or workplace of ______), (a specific address )[18] (except with a further order of this court)[19].
The exceptions are as follows:
  1. one attendance, in the company of a peace officer for the purpose of retrieving your personal belongings.
  2. for the sole purpose of picking-up and dropping off your children for parenting or contact time.(You must remain inside your vehicle when picking up or dropping off your children).[20]
  3. in accordance with a Family Court Order made by a judge who has reviewed this order. You must forthwith file a copy of this order in any family proceeding in which you are a party or become a party. (You must give notice of any Family Court application for parenting or contact time, with a copy of this order attached, to the Director of Child Protection).
  4. for the purpose of ___ on ___between the hours of ____.
  5. in the immediate presence of ______, for the purpose of ______on ______between the hours of ______.
  6. you may attend but you must immediately leave the place upon the request of ______, and if that happens you must not re-attend without further order of this Court. [21]
  7. while in a moving motor vehicle on your way to some other place (for the sole purpose of ______).

Exception to Compulsory Written Consent / Pursuant to s. 742(3) (1.1)(a) of the Criminal Code, after reviewing the written consent of ______, the Court is not imposing the mandatory conditions referred to in s. 742 (1.1).
Exception To Compulsory Exceptional Circumstances / Pursuant to s. 742(3) (1.1)(b) of the Criminal Code, because of the following exceptional circumstances: ______the Court is not imposing the mandatory conditionsreferred to in s. 742 (1.1).

Compulsory Reporting

REPORT [22] / 3101 / You must report in person to the conditional sentence supervisor at ______by 3:00 PM today (date and time), and after that, you must report as directed by the conditional sentence supervisor.[23]
REPORT IMMEDIATELY / 3102 / You must report immediately in person to the conditional sentence supervisor at ______and after that, you must report as directed by the conditional sentence supervisor.
REPORT BY PHONE / 3103 / You must report by telephone[24] to the conditional sentence supervisor office at (address and telephone number) by 3:00 PM today (date and time). If the office is closed, you must try again the next business day and continue calling until you have spoken to a conditional sentence supervisor and received further direction to report. After that, you must report as directed by your conditional sentence supervisor.
REPORT AFTER RELEASE / 3104 / You must report in person to the conditional sentence supervisor at ______within (two business days)[25] after your release from custody, unless you have obtained, prior to your release, written permission from the conditional sentence supervisor to report elsewhere or within a different time frame. After that, you must report as directed by your conditional sentence supervisor.
REPORT AFTER ARREST[26] / 3105 / If at any time prior to the expiration of this order, you are arrested, detained or have served a sentence for another offence, you must report to your conditional sentence supervisor within two business days of your release from custody.

Residence, House Arrest, E.M.P., Carry Permission

RESIDE[27]
No change without consent / 3201 / When first reporting to the conditional sentence supervisor, you must inform him or her of your residential address[28] and phone number. You must not change your residence or phone number without written permission from your conditional sentence supervisor.[29]
RESIDE
Approved / 3203 / You must reside at a residence approved in advance by your conditional sentence supervisor. You must provide your phone number to your supervisor, and you must not change your residence or your phone number without written permission from your conditional sentence supervisor.[30]
RESIDE
Specific address / 3204 / You must reside at ______, (with ______). You must provide your supervisor with your phone number, and you must not change your residence or your phone number without written permission from your conditional sentence supervisor.
OBEY RULES OF THE HOME / 3205 / You must obey all of the rules of your residence, so long as they do not conflict with the terms of this order or the directions of your supervisor. If there is a conflict, you must tell your conditional sentence supervisor about the conflict immediately.[31]
SURRENDER TRAVEL DOCS / 3207 / You must surrender all travel documents, including any passport, Nexus card, travel visa or enhanced driver’s licence[32] to a peace officer at (police station) by (time and date), and thereafter you must not obtain any further travel documents.
SURRENDER TRAVEL DOCS
ACCOMPANYING PEACE OFFICER / 3208 / By (date and time) (immediately), you must attend (police station) with a copy of this order, you must present the order to a peace officer there, and you must accompany a peace officer to the location of all travel documents in your possession, including any passport, Nexus card, travel visa or enhanced driver’s licence. You must surrender all such items to the peace officer. You must not obtain any further travel documents.
HOUSE ARREST[33] / 3209 / For the duration of this order (first ___ months of this order), you must remain inside your residence, (or within 10 m of the front door of your residence) (or on the lot of your residence)[34], under house arrest (24 hours per day) (between the hours of ______PM and ______AM), each day (every Friday and Saturday).
You must present yourself immediately at the door to your residence or answer the phone[35] when any peace officer or conditional sentence supervisor attends at your residence or calls to check your compliance with the house arrest condition of this order. (continued)
You may be away from your residence during the house arrest hours with the written permission of your conditional sentence supervisor. Such permission is to be given only for compelling reasons. You must carry the written permission when you are outside your residence during the house arrest hours.[36] You may also be away from your residence during the house arrest hours:
  1. While in the course of your employment, or when travelling directly to, or returning directly from, your place of employment. If requested, you must provide a conditional sentence supervisor with details of your employment, including location and hours of work.[37]
  2. In the event of a medical emergency and then only while at a health care facility, or when traveling directly to, or returning directly from the facility.[38] If requested, you must provide your conditional sentence supervisor with written confirmation that you went to the facility, signed by a representative of the health care facility to which you went.[39]
  3. In the immediate presence of ______.
  4. In the presence of a person approved in writing by your conditional sentence supervisor. You must carry the written permission with you when you are away from your residence during the house arrest hours.

REPORT OCCUPANTS / 3210 / When you first report to your conditional sentence supervisor, you must tell the supervisor the names of all permanent and temporary occupants of your residence and immediately tell him or her of any change.
NO VISITORS / 3211 / You must have no visitors at your residence during your house arrest, except with the written permission of your conditional sentence supervisor.[40] You must keep a copy of the permission at your residence.
CHANGES IN EMPLOYMENT RELATIONSHIP STATUS / 3212 / You must provide your conditional sentence supervisor with the particulars of your employment or relationship status. You must inform your conditional sentence supervisor within two business days of any change in your employment or relationship status.[41]
ELECTRONIC MONITORING (TSR Required) / 3213 / The house arrest condition of this order will be monitored electronically. You must comply with all rules of the electronic monitoring program.[42]
CARRY COPY / 3214 / You must carry a copy of this order and any written permission from your conditional sentence supervisor with you at all times when you are outside your residence. If a peace officer stops you for any reason, you must immediately provide the peace officer with a copy of this order and written permission without being requested to do so (upon the request of a peace officer).[43]

No Go Specific Address and Red Zone

NO GO SPECIFIC ADDRESS / 3301 / You must not go to (or be within ____ metres of) ______, (except:)
  1. while on a highway in a moving motor vehicle on your way to some other place (for the purpose of travelling to and from ______.)

RED ZONE
Options:
1. Boundaries
a. defined area,
b. defined point
2. Banishment / 3302 / 1a. Boundaries: defined area
You must not be in the area of ______, BC bounded by ______on the East, ______on the West, ______on the North and ______on the South.
1b. Boundaries: defined point
You must not be (north/south/east/west) of (City).
2. Banishment:[44] You must not be within a ____ kilometre radius of ______, BC.
The exceptions are as follows:
  1. withthewrittenpermissionof the conditional sentence supervisor inwhichcaseyoumust carrythewritten permissionwithyouwhenyouareinthe(prohibited area/community).
  2. toattendscheduledcourtappearances,or appointments withthepolice, yourconditional sentence supervisor,
lawyerordoctor. You must provide your bail supervisor with advance notice of your attendance within the prohibited area.
  1. whilein a moving motor vehicleonyourwayto some other place (for the sole purpose of travelling to and from _____).
  2. oneattendance, inthecompany of apeace officerforthepurposeofretrievingyour personal belongings.
e. in the immediate presence of ______.

No Go and No Contact with Minors

NO GO PARKS OR SCHOOLS
Reasons to be transcribed for Community Corrections / 3303 / You must not go to any public park, public swimming area, or community centre where persons under the age of ___ years are present or can reasonably be expected to be present, ora daycare centre, school ground, playground, (except:)[45]
  1. with the written permission of your conditional sentence supervisor. You must carry the permission with you when you are in the prohibited area.
  2. in the immediate presence of ______.
  3. in the immediate presence of another adult, and only after he or she has been informed by your conditional sentence supervisor of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment.

NO CONTACT MINORS[46] / 3304 / You must have no contact or communication directly or indirectly with, nor be alone in the presence of, any person you know to be or who reasonably appears to be under the age of____ years.
The exceptions are as follows:
  1. if they are your children (names);
  2. if you have the written permission of your conditional sentence supervisor in which case you must carry the permission.[47]
  3. in the immediate presence of ______, (and only after he or she has been informed by your conditional sentence supervisor of this order, and your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment. A copy of these Reasons for Judgment must be transcribed and provided to the conditional sentence supervisor);[48]
  4. with the consent of the child’s parent or guardian, but only after the parent or guardian has reviewed this order;
  5. in the course of legitimate employment, but only in the immediate presence of an adult who has reviewed this order, or when contact is necessary and incidental to the employment;
  6. through or in the immediate presence of a lawyer who has reviewed this order
  7. during scheduled court appearances but only with a sheriff present;

ACTIVITIES WITH CHILDREN / 3305 / You must not engage in activities, volunteer work or employment that could bring you in contact with persons under the age of ___ years without the written permission of your conditional sentence supervisor and when so engaged, you must carry this permission.[49]
ELTON HUBBS
(Children)
Transcribe reasons for Community Corrections / 3306 / You must not date, or enter into a marriage or common-law relationship[50] with anyone who has the care or access to children under the age of ___ years[51] until you have identified to your conditional sentence supervisor the person with whom you propose to enter into such a relationship and your conditional sentence supervisor has informed that person of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment.

Contact with Future Partners

ELTON HUBBS[52]
(Adults)
Transcribe reasons for Community Corrections / 3307 / You must not date, or enter into a marriage or common-law relationship with any person, until you have identified to your conditional sentence supervisor the person with whom you propose to enter into such a relationship, and your conditional sentence supervisor has informed that person of your history as described in your criminal record, Pre-Sentence Report, if any, and these Reasons for Judgment.

No Contact with Persons Identified by Supervisor

NO CONTACT WITH PERSON IDENTIFIED[53] / 3308 / You must not associate or have a relationship with anyone named by your conditional sentence supervisor if your supervisor has reasonably determined the relationship or association to be a risk to yourself or others or to be detrimental to your programming, counselling, re-integration into the community or a risk to the protection of society.

Criminal Harassment

PROVIDE CELL NUMBER AND VEHICLE INFORMATION / 3309 / You must provide the conditional sentence supervisor with the carrier information and phone number of any mobile device or tablet that you possess, and the make, model, colour and licence plate numbers of any vehicle that you drive.[54]
NO SOCIAL MEDIA[55] / 3003 / You must not publish or publicly make available any information respecting ______via the internet or social media including Facebook, Twitter, My Space, Instagram, text messaging and email, or any other like service.
CHANGES IN EMPLOYMENT RELATIONSHIP STATUS / 3212 / You must provide your conditional sentence supervisor with the particulars of your employment or relationship status. You must inform your conditional sentence supervisor within two business days of any change in your employment or relationship status.[56]

Drugs and Alcohol

NO ALCOHOL OR DRUGS / 3401 / You must not possess or consume alcohol, drugs or any other intoxicating substance,[57] except in accordance with a medical prescription.[58]
NO ALCOHOL
Residence Exception / 3402 / You not must possess or consume alcohol or any other intoxicating substance, except while inside your residence, or while transporting it sealed directly to your residence.
You must not be found in any public place in an intoxicated condition.[59]
NO GO LIQUOR OUTLETS / 3403 / You must not enter any liquor store, beer and wine store, bar, pub, lounge, night club, beer garden or any other business from which minors are prohibited at any time by the terms of a liquor licence.[60]
NO GO LIQUOR OUTLETS
Alternate wording / 3404 / You must not enter any liquor store, beer and wine store, bar, pub, lounge, nightclub, or beer garden (or any other place where the primary commodity sold is liquor).[61]
NO ALCOHOL OR DRUGS IN RESIDENCE / 3405 / You must not reside at any place where any other resident has illegal drugs or alcohol in his or her possession, or permit any of these items to be brought inside your residence.[62]
DRUG PARAPHERNALIA / 3406 / You must not possess drug paraphernalia including but not limited to pipes, rolling papers and syringes.[63]

Counselling, Treatment, Rogers Order, and Releases