New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Kelly Leigh CROOK

Hearing: 15 November 2017

at [withheld] via AVL from New Zealand Parole Board, Head Office, Wellington

Members of the Board:

• Alan Ritchie (Panel Convenor)
• Mr L Comer
• Mr L Tawera

Counsel: [withheld]

Support Persons:

[withheld]
[withheld]
[withheld]

DECISION OF THE BOARD

1. Kelly Leigh Crook, 30, has appeared for the further consideration of parole on her sentence of three years four months for wounding with intent to injure, being an accessory after the fact to murder and assault.
2. The prison security classification is minimum, the RoC*RoI .10633 and the sentence expiry date is 11 April 2018.
3. On 31 March 2017, the Board said Ms Crook should complete the Dependency Treatment Programme (DTP) ahead of her proposal to enter the [withheld].
4. We are aware that the DTP was completed in August 2017 and we are told in the Parole Assessment Report that an assessment for the [withheld] was to be undertaken on 27 October 2017.
5. We have received submissions from [withheld], which include confirmation of acceptance for what is known as [withheld].
6. The Parole Assessment Report says that an early December release from prison was necessary to ensure Ms Crook could “acclimatise” with the [withheld] environment before the December Christmas period “as [withheld] operate a skeleton staff during that time and need to be confident their patrons are well versed in their rules”.
7. [withheld] from the [withheld] clarified that although the [withheld] would not be operating over the Christmas period the residential house was fully staffed.
8. The other issue of concern to us is that the [withheld] requires its residents to be in the community for a minimum of three days to “enable bank accounts, identification and medication (if required)”.  The Parole Assessment Report says that Ms Crook does not have an address to go to in that period but that [withheld] would support her during that time.
9. [withheld] proposal was that Ms Crook could be released on a Tuesday in about two weeks’ time.  The release should be into the hands of [withheld] who will have returned from [withheld] to collect Ms Crook from the prison.  He would take her to [withheld].  He would go to Community Probation in that city and explain the situation with the accommodation for the period before entry to the [withheld] on the Friday.
10. We heard from [withheld] that the initial [withheld] Programme would be for nine weeks.  There was a possibility of rollover.  Ms Crook would not be discharged from the [withheld] until she had suitable accommodation.
11. Ms Crook has no post [withheld] accommodation in mind yet, although her preference would be to obtain a property in [withheld].
12. The Board is required to give due weight to the interests of victims.  In this case we have, in advance of this hearing, seen victim representatives.  As previously, they did not wish the detail of their input to be conveyed to Ms Crook, but they did wish her to know that there was strenuous opposition to a release on parole and that when release ultimately occurred they would not wish Ms Crook to be residing in any area near them and would wish no contact by her.
13. We have given appropriate attention to those matters and what we regard to be other matters of importance to the victim representatives.
14. It is fair to say that we do not feel comfortable with the release proposal as it stands.  We are confident that Ms Crook’s [withheld] is a pro-social individual but there seems something loose about the pre [withheld] situation.  We have no reassurance on that from the Department.  We are also somewhat apprehensive about a release before Christmas to the [withheld] given the situation with the induction and staffing.  We would have thought that it is much to be preferred that there be a transmission to the [withheld] as unfettered as possible.
15. We are, however, mindful of the statutory release date and we are confident that a release to the [withheld] would be best in terms of a safe transition into the community for Ms Crook.
16. We are directing a release on [withheld] January 2018.  The release will need to be to an address found suitable by Community Probation ahead of a transfer to the [withheld].  We are making it clear in this decision that if the Department is not satisfied with the pre [withheld] arrangements then it should apply to the Board for revocation of this direction for release.
17. If the release proceeds as planned then Ms Crook will be subject to the standard conditions set out in section 14 of the Parole Act and to certain special conditions with all conditions continuing for six months beyond the statutory release date (which, we add for victim clarification purposes, is the maximum allowable by law).
18. One of the conditions will relate to alcohol and drugs.  Ms Crook is advised of her obligation to submit to testing or monitoring of compliance with that condition when directed by an authorised person.
19. Another of the conditions relates to electronic monitoring under GPS of the whereabouts condition which we have included.  We note [withheld] indicated that such a condition would be accepted by Ms Crook.
20. The special conditions are:

(1) To be released to an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer which approval will be given for residence at the [withheld] where you are to remain until further approval of a Probation Officer.

(2) To comply with all rules or guidance issued by the [withheld].

(3) To complete the [withheld] or other programme provided by the [withheld] to the satisfaction of the [withheld] and the Probation Officer.

(4) If directed, you will attend an assessment for substance abuse and attend and complete any appropriate treatment counselling or programme as may be recommended by any assessment to the satisfaction of a probation officer and service provider.

(5) To undertake budgeting advice with a budget service to the satisfaction of a Probation Officer.

(6) Not to enter the Greater Hutt Valley area or the Porirua area each as specified on a map provided by a Probation Officer, except where you have the prior written approval of a Probation Officer.

(7) To submit to electronic monitoring as directed by a Probation Officer in order to monitor compliance with conditions relating to your whereabouts.

(8) To comply with the requirements of electronic monitoring and provide unimpeded access to the approved residence by a Probation Officer and representatives of a monitoring company for the purpose of maintaining the electronic monitoring equipment.

(9) Not to be away from any approved residence between the hours of 10.00 pm and 5.00 am daily subject to the qualification that if the [withheld] has a more restrictive curfew then you will abide by that more restrictive curfew.

(10) To notify your Probation Officer before starting, terminating or changing your position or place of employment.

(11) Not to have contact or otherwise associate with any victim of your offending, directly or indirectly, except where you have the prior written consent of a Probation Officer.

(12) Not to possess, consume or use any alcohol, controlled drugs or psychoactive substances.

(13) To disclose to a Probation Office, at the earliest opportunity, details of any intimate relationship you start, resume or terminate.

(14) Not to have contact or otherwise associate with any co-offender, except where you have the prior written approval of a Probation Officer.