The 24-year-old Whitehorse man who was denied parole last Thursday for a vicious sexual assault in July 2001 is making progress with treatment in prison.

But Marcellus Jacob still isn't ready for release into the community, members of the National Parole Board report in a five-page decision released Monday.

'In the board's view, given the long-standing, complex and serious nature of the problems that have plagued you throughout your life and notwithstanding the excellent progress you have made so far, a more gradual release process is necessary,' reads the decision.

'Completion of the relapse prevention program, ongoing work with the elderly and continued demonstration of the gains you have made so far, will better prepare you for an eventual and successful release.'

Jacob was sentenced in February 2002 to a further seven years in prison, having then already served seven months in jail awaiting trial.

Evidence indicated Jacob broke into a Whitehorse home while the woman was sleeping and began a prolonged attack over five hours that involved torture and rape at knifepoint.

The attack was called savage, horrific and brutal by then-sentencing judge Barry Stuart.

Stuart also warned Jacob at the time about the need to actively pursue and embrace treatment to deal with his problems. Otherwise it would be his recommendation that Jacob serve his full sentence.

In its decision, the board mentions four programs Jacob has completed:

ï the cognitive living skills program;

ï the aboriginal substance abuse program;

ï the moderate intensity aboriginal sex offender program; and

ï the anger and emotions management program.

All program reports, says the decision, indicate general progress to a better understanding of the problems and issues Jacob faces, as well as progress in the ability to make better decisions.

'Key recommendations, however, are that you need further intensive substance abuse treatment and relapse prevention programming in the areas of both sexual offending and substance abuse,' says the report. 'So far, you have not participated in maintenance programming of any sort.'

The decision notes Jacob's application for day parole so that he could attended a specialized treatment centre was met with apprehension by the centre itself.

Following completion of that program, he could reside at a community residential facility, but none of the centres in the community Jacob applied to were willing to take him at this point, the decision notes.

Nor was the parole service in the community in question willing to support his release. The board does not disclose the location of which community the offender was seeking to reside in whether it was Whitehorse or not.

'In their view, you need to make a more gradual re-entry into the community beginning with transfer to minimum security, the completion of relapse prevention programming and then escorted temporary absences.'

The case management team at the prison where Jacob is serving his sentence is also opposed to parole.

It was also noted in the decision that an audio-taped victim impact statement was played during the hearing.

Jacob did express 'considerable remorse' during the hearing for the impact of his crime on the victim, and is using the harm he caused her as motivation to deal with his problems, says the decision.

The board said that motivation is evident in his participation of the correctional plan.

But in the end, the risk to re-offend is still too great at this point, the board ruled.

In a public plea last week, the victim asked the community to write the board with its objections to any notion of an early release for Jacob.

In her written impact statement to the board, the victim says Jacob will never be anything other than a major safety risk; a ticking time bomb.

His release now, she wrote, would be the ultimate evidence that it's the victims of crime whose needs are largely ignored by the criminal justice system.

Parole board spokeswoman Debra Kihara said with fewer than two years remaining before Jacob's statutory release date in October 2006, the board will not entertain any further reviews for early release. The offender can apply for a hearing, but must present the board with significantly new circumstances to consider.

She said offenders must be released on the statutory release date after serving two-thirds of their sentence. Corrections Services of Canada, however, can bring forward an application for continued detention if it believes an offender is still a risk to cause death or serious harm before the end of his full sentence.

In his decision three years ago, the judge was also critical of the system that failed Jacob by more or less permitting him to slip through the cracks despite warnings of significant problems in his life from his early childhood.