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This explains, in broad terms, how the New Zealand Parole Board ("the Board") makes

decisions about the release of offenders on parole and sets conditions.

It covers:

What release on conditions and parole are

What the Board is

What cases the Board considers

Who has input to the process

What information the Board uses

What rights victims have

What offenders are entitled to

How the Board makes a decision.

This is only an overview. If you want more information or have specific questions you will need to look at more detailed material. See where to go for more information .

Parole and conditions

Parole

is when an offender is released from prison to serve the remainder of his or her sentence in the community on conditions supervised by a Probation Officer. Most offenders will be on parole for a set period and during that time they can be 'recalled' to prison if they don't meet the conditions of their parole. Offenders sentenced to life imprisonment or preventive detention are on indefinite parole.

Release on conditions

- an offender is released on conditions when they reach the date at which they must be released from prison. The Board's role in these cases is to set any special conditions of release, which may be imposed in addition to the standard release conditions specified in the Parole Act 2002.

Conditions

are special restrictions or requirements that an offender has to follow on parole, or if released at the end of their sentence on conditions. Conditions may include regular reporting to a Probation Officer, certain employment and living arrangements and restrictions on those, and participation in rehabilitative programmes. Conditions are supervised by a Probation Officer.

Special conditions for an extended supervision order:

an extended supervision order is designed to provide extra supervision of offenders convicted of certain child sex offences. The Board's role is to set any special conditions, after a court has made an extended supervision order. Special conditions can range from residential restrictions (within the first 12 months of an order), to restrictions on where an offender may go, and the electronic monitoring of their movements.

What is the Board?

The New Zealand Parole Board is an independent, statutory body. It makes decisions in accordance with the Parole Act 2002.

The Board has around 35 members - some are judges and some are people appointed from the community. The members consider cases in panels of three or sometimes more. Each panel is chaired by a convenor, usually a District Court Judge. The Board is chaired by former Chief District Court Judge, Judge David Carruthers.

What cases does the Board consider?

The Board considers offenders who are eligible for:

• release on parole
• release on conditions at the end of a long-term prison sentence (that is, where they are to be released at their statutory release date but with set conditions. For these cases the Board does not make a decision on release, the Board's only role is to specify conditions), and
• special conditions for extended supervision orders.

The Board also considers other cases such as applications for compassionate release (for example, if an offender has a terminal illness) and recalls of offenders.

Offenders serving short-term prison sentences are not considered for release on parole. (Short term sentences are 24 months or less for offenders sentenced after 30 June 2002, and 12 months or less for offenders sentenced before that date).

The date when an offender is to be considered by the Board depends on their sentence(s). The Department of Corrections is responsible for determining an offender's eligibility and release dates. An offender is scheduled for a Board hearing when:

• they are eligible to be considered for parole, or
• they must be considered for release on conditions, or
• in all other cases, the Board receives an application regarding the offender.

Who has input?

The Board receives information from a range of people. Key participants are: the Department of Corrections' staff - Corrections Officers, Psychologists and Probation Officers - who are involved with the offender; victims registered on the victim notification system; and sometimes other specialists (for example Mental Health Services). Supporters of victims and offenders can also have input.

What information does the Board use?

The Board uses a comprehensive range of information when considering each case. This includes:

• information about the offender's offence/s, sentence and any previous offending
• reports from the Department of Corrections about the offender's sentence management plan (what they will do to address their offending while they are in prison) and what progress they have made with this
• any special reports such as psychological and/or psychiatric assessments about the offender's treatment and risk of reoffending
• plans for how release would be managed including any special conditions recommended
• evidence and material provided by witnesses who have been summoned by the Board
• submissions from victims and Police with their views about the case
• submissions from the offender.

The offender is generally given a copy of the information that the Board will consider about their case, with the exception of victim's submissions (which an offender may read but not keep a copy). When showing a victim's submission to an offender the victim's address and any other contact details are removed. In exceptional circumstances the Board can withhold material in a victim's submission from the offender.

Do victims have rights?

Victims of certain serious offences can be registered on the victim notification system. This means they are entitled to receive certain information from the Department of Corrections and the New Zealand Parole Board about the offender for whom they are registered. The Board notifies them of a hearing for the offender. They are invited to make written submissions and, for most hearings, are entitled to meet with the panel of the Board considering the case to give oral submissions. If they make an oral submission, they can involve support people and may, with the Board's permission, be represented by their lawyer. When the panel has made its decision about an offender, the victim(s) will be notified in writing. If the offender is to be released on conditions, or on parole the victim(s) will be advised of the conditions imposed - however the Board may withhold a condition if disclosing it would unduly interfere with the privacy of any other person (other than the offender).

Non-registered victims: Victims who are not registered as part of the victim notification system can make a submission. However they are not able to request information from the Department of Corrections and they will not be informed of the Board's decision unless they made a submission.

What about offenders?

Offenders are entitled to make submissions, written and oral, and with the Board's permission can involve support people or be represented by their lawyer at a hearing. In the interests of natural justice an offender is usually entitled to see all the information the Board is using to make decisions about them. When showing a victim's submission to an offender the victim's address and any other contact details are removed. In exceptional circumstances the Board can withhold material in a victim's submission from the offender.

How does the Board make a decision?

The panel of the Board deciding the case considers all the material provided - both written and oral - and weighs it up.

The Parole Act 2002 states that victims' submissions and any restorative justice outcomes are to be given due weight.

The most important consideration for the Board is community safety. By law, the Board must decide that the offender does not pose an undue risk to the safety of the community before he or she can be granted parole. In assessing 'undue risk' the Board must consider both the likelihood of further offending, and the nature and seriousness of any likely offending.