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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 continue managing an offender’s sentence, to help them make the transition from prison to community.
• In some cases, treatment programmes may not be available in prison for a minimum security offender but the Board is able to make such programmes a condition of parole or home detention.

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 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. See What Cases Does The Board Consider?
• Who’s responsible for monitoring an offender after they’re released?
• Each paroled offender is assigned a Probation Officer, employed by the Community Probation and Psychological Service. For more information 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.

So when can prisoners apply for parole?

• In most cases offenders don’t generally apply for parole, they become eligible for it, on their Parole Eligibility Date (PED). See Parole Eligibility.

When do offenders reach Parole Eligibility Dates?

• Offenders serving less than 2 years imprisonment under the 2002 legislation do not have PEDs (they are released when they have served half their sentences).
• Offenders sentenced to more than 2 years imprisonment under the 2002 legislation are eligible for parole after serving a third of their sentence, 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 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 on their PED?

• Generally, the Board must see all offenders  who have reached their Parole Eligibility Dates once every 12 months.
• However the Board can postpone consideration for parole for up to three years (depending on the type of sentence)  if it considers an offender will not be suitable for release at their next due date without “a significant change in 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 grounds 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 is given standard release conditions (as are all offenders released at the end of their sentences). These cover issues 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 Conditions.

Can the Board impose other conditions?

• Yes. A range of special conditions can be imposed at the Board’s discretion, covering areas such as:
• • employment
  • criminogenic programmes (focussing on issues such as propensity for violence, motivation for offending)
  • psychological counselling
  • alcohol and drug assessment
  • anger management .

Home Detention

• The Board no longer determines applications for home detention.  Home detention is now a sentencing option that can only be imposed by the sentencing court.

Victims

What is the victim notification system?

• Victims of certain serious crimes can apply to the Police for inclusion on the victim notification system. This is administered by the Department of Corrections, but the Board is responsible for notifying registered victims of Board hearings and decisions.
• Under the Victims’ Rights Act 2002, victims of the following offences may apply to be on the victim notification system.
• • sexual violation or other serious assault
  • an offence resulting in serious injury
  • an offence rendering the victim incapable
  • an offence resulting in the death of an immediate family member
  • any offence leading the victim to having ongoing fears for their physical safety or security, or for the physical safety or security of one or more members of their immediate family.

How do victims know there is going to be a hearing?

• Victims on the victim notification register must be informed of the date of hearings and can make oral or written submissions. This is the responsibility of the Board.

Can victims make submissions to the Board before a hearing?

• Yes.  When registered victims are notified of an upcoming hearing, they will be invited to make a submission.  This can be a written submission, or they can request a meeting with the Board members conducting the hearing. See Information for Victims.

Can offenders and victims attend hearings at the same time?

• Only with the agreement of the offender and the victim, and the approval of the Board.
  

Recall

What if an offender released on parole doesn’t adhere to their parole 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, they can also 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.
• For offenders given indeterminate sentences (preventive detention or life), parole conditions last for life.
• For offenders given determinate (fixed-term) sentences under the Parole Act 2002 parole conditions can last up to a maximum of 6 months after their Statutory Release Date (the end of their sentence).
• For offenders sentenced under the Criminal Justice Act 1985, parole conditions can last for up to a maximum of three months after their Sentence Expiry Date (equivalent to the Statutory Release Date).