Paragraph 2: Withdrawal of reductions in sentences provided for in article 721

When the sentence enforcement judge is likely to revoke all or part of a previously granted reduction in sentence, on his own initiative or at the request of the head of the establishment or the public prosecutor, the sentenced person is notified at least ten days before the date on which the possible withdrawal of this reduction in sentence is to be examined by the sentence enforcement committee.

This notice informs the sentenced person that he or she may submit written observations to the committee on his or her own behalf or through his or her lawyer. This notice informs the offender that he or she may submit written observations to the commission, either in person or through his or her lawyer. A form will be given to him/her for this purpose by the head of the establishment.

A copy of the notice will be attached to it. This notice is accompanied by a copy of the referral from the head of the establishment, the public prosecutor's submissions referring the matter to him or her or a document from the sentence enforcement judge stating his or her intention to refer the matter to himself or herself. This referral, request or document must state the misconduct of which the offender is accused and which may justify the withdrawal, as well as the maximum amount of sentence reductions that may be withdrawn from the offender. If the offender is already assisted by a lawyer, the latter will also be notified in accordance with the provisions of the previous paragraphs. If the offender is not already assisted by a lawyer, he/she will be informed that he/she may choose one or ask for one to be appointed ex officio, to whom the notices and documents provided for in these same paragraphs will then be sent.

These notices and documents will be delivered or sent to the lawyer's office. These notices and documents are given or sent to the offender by the prison governor. They are sent to the offender's lawyer by the clerk's office of the sentence enforcement judge in accordance with the procedures set out in articles D. 49-15 or D. 590-1.

The sentence enforcement judge may decide, in accordance with the fifth paragraph of article D. 49-28, that the sentenced person be heard by the sentence enforcement commission during the review of the withdrawal of his reduced sentence.

The ten-day period provided for in the first paragraph of article D. 49-28 may be extended by one month. The ten-day period provided for in the first paragraph does not apply in urgent cases, in particular if the misconduct is discovered when the release date or the expiry of the one-year period from the decision to grant the reduced sentence is due to take place shortly. In this case, the offender must be given the opportunity to comment. The sentence enforcement judge may not order a withdrawal of a greater quantum than that of which the sentenced person has been informed pursuant to the provisions of the third paragraph.