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What is parole?

• Parole is the release, with conditions, of offenders sentenced to more than two years (24 months) in prison.
  

Why do we have parole?

• The aim is to allow the Department of Corrections to manage an offender’s parole, to support and assist them make the transition from prison to the community.
• In some cases, treatment programmes may not be available in prison for an offender but the Board is able to make such programmes (if available in the community) a special condition of parole.

Does the Board determine the release of all offenders serving terms of imprisonment?

• No.  If an offender is serving a short-term sentence of two years or less, under the Parole Act 2002 they must be released after serving half of their sentence.  They are not seen by the Board but may be subject to release conditions imposed by the court that sentenced them.
• If sentenced under the Criminal Justice Act 1985, offenders serving long-term determinate (fixed) sentences must be released at their Final Release Date (two-thirds of their sentence) - if they have not been granted parole before this date.  If they have reached their Final Release Date, the Board's only role is to set release conditions. 
• In some cases, the Department of Corrections will apply under section 107 of the Parole Act 2002, to have an offender kept in prison beyond their Final Release Date.  This applies only to offenders sentenced to certain serious offences under the Criminal Justice Act 1985.
• Offenders sentenced under the Parole Act 2002 to a determinate prison term of more than two years, must be released when they reach their Statutory Release Date (the end of their sentence) - if they have not been granted parole before this date.  They become eligible for parole after serving one third of their sentence.  If they have reached their Statutory Release Date, the Board's only role is to set conditions for release.

Who’s responsible for monitoring an offender after they’re released?

• Each offender released by the Board is assigned a Probation Officer, employed by the Community Probation and Psychological Service, Department of Corrections. For more information about this see the Department of Corrections' website.

Does anybody serve the full term they are sentenced to?

• Under the Criminal Justice Act 1985, offenders serving a determinate sentence of more than 12 months, and without a minimum period set by the sentencing judge, must be released after serving two thirds of their sentence.
• Under the Parole Act 2002, offenders serving long-term determinate sentences (more than two years) become eligible to be considered for parole after one third of their sentences but they can serve the full term if not paroled.

Can Offenders apply for parole?

• No they can not apply for parole, they become eligible for it, on their parole eligibility date (PED). See ‘Cases and Eligibility’.  However, an offender can apply to be considered for parole prior to their parole eligibility date if they believe there are special circumstances.
  

When do offenders reach their Parole Eligibility Dates?

• Offenders serving less than 2 years imprisonment under the Sentencing Act 2002 do not have PEDs (they are released when they have served one half of their sentences).
• Offenders sentenced to more than 2 years imprisonment under the Sentencing Act 2002 are eligible for parole after serving a third of their sentences, unless they were given a longer minimum non-parole period by the sentencing court.
• Offenders sentenced to preventive detention (no specified sentence length) become eligible for parole after serving a minimum period of imprisonment, which is at least five - ten years.
• Offenders sentenced to life imprisonment normally become eligible for parole after serving a minimum of 10 years imprisonment.

What about offenders sent to prison under the previous legislation (the Criminal Justice Act 1985)?

• Offenders serving an indeterminate sentence become eligible for parole after serving 10 years.
• Offenders with a minimum non-parole period, become eligible after serving that minimum period.
• Offenders given more than a 12-month sentence, but not classified as Serious Violent Offenders, become eligible after serving one-third of their sentences.
• Offenders classified as Serious Violent Offenders, and sentenced to a determinate sentence, must be released after serving two-thirds of their sentences.

What happens if offenders are not granted parole at their PED?

• The Board must see all offenders who have reached their parole eligibility dates at least once every 12 months.
• However, the  New Zealand Parole Board can postpone consideration for parole for up to three years if it considers an offender will not be suitable for release at their next due date without “a significant change in the their circumstances”.

What options does an offender have if their hearing is postponed?

• They can apply at any time for the Board to consider them for parole on the ground there has been a "significant change" in their circumstances.

Isn't parole really a "get out of jail free" card?

• Not at all. Everyone released on parole must comply with the standard release conditions (as are all offenders released at the end of their sentences). These cover matters such as:
• • reporting to a probation officer with 72 hours.
  • maintaining contact with their probation officer.
  • not living at an address prohibited by their probation officer.
  • not moving address unless given consent by their probation officer.
  • not engaging in employment prohibited by their probation officer.
  • not associating with anybody the probation officer has prohibited.
  • taking part in rehabilitative and reintegration assessment if directed by the probation officer.

See ‘Release and Recall’.

Can the Board impose other conditions?

• Yes -  “special conditions” -  however the Board can not impose a special condition unless it is designed to:
• • Reduce the risk of reoffending, or
    
  • Facilitate or promote the rehabilitation and reintegration of the offender, or
    
  • Provide for the reasonable concerns of victims of the offender.
• A range of special conditions that may be imposed at the Board’s discretion, are:
• • residential restrictions
  • employment
  • criminogenic programmes (focussing on issues such as propensity for violence, motivation for offending)
  • psychological counselling
  • alcohol and drug assessment
  • anger management
  • to attend a hearing for monitoring compliance with their release conditions.

What if an offender released on parole doesn’t comply with their standard or special conditions?

• They can be recalled to continue serving their sentence in prison.
• It is also a criminal offence for an offender to breach their release conditions without a reasonable excuse.

What if they commit an offence while on parole?

• If it is an offence punishable by imprisonment, the Department of Corrections can prosecute the offender for a breach of conditions, and/or they can apply to the Board for the offender to be recalled to continue serving their original sentence in prison.

How long do offenders face the prospect of recall?

• For as long as they’re on parole or compassionate release, until they reach their statutory release date.
  
• For offenders given indeterminate sentences (preventive detention or life), standard conditions last for life.