New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Dwayne John DAVIS

Hearing: 17 January 2020

at Invercargill Prison by AVL from New Zealand Parole Board, Wellington

Members of the Board:

• Mr N Trendle – Panel Convenor
• Mr C King
• Ms M Kleist

Counsel:                                          

• Ms S Saunderson-Warner

Support Persons:

• [withheld]

DECISION OF THE BOARD

1. Dwayne John Davis is serving a sentence totalling five years 11 months’ imprisonment for serious sexual offending against two boys under the age of 16 and for supplying them with controlled drugs.  His statutory release date is 27 June 2021.
2. Mr Davis has a RoC*Rol of .34771 reflecting a history of offending that extends back to 1994, although this is his first term of imprisonment.  He has been assessed by the psychologist as posing a moderate to low risk of re-offending.
3. Mr Davis was assessed as unsuitable to participate in the Short Intervention Programme and has undertaken a series of individual treatment sessions with a psychologist.  That led to his preparation of a safety plan which he forwarded to the Board.
4. Mr Davis was represented by his counsel, Ms Saunderson-Warner, who made submissions in support of his release on parole.  She referred to the completion of his rehabilitation sessions with the psychologist, his ongoing work with [withheld] and his good conduct in prison.  He is currently working outside the wire and has been approved for release-to-work although there are no opportunities available.  He has participated in two guided release activities and been exposed to some testing of the skills and knowledge acquired through the psychological treatment.  He had solid support as well as the ongoing support of a psychologist, drug and alcohol counsellor and [withheld].
5. The Board discussed aspects of his safety plan with Mr Davis.  We note he is returning to the area in which his offending occurred but it seems, from the information available to us, that any contact with his victims is most unlikely to occur.  From the background to his offending it seems to us that Mr Davis’ risk area will increase should he return to substance abuse.  That is a particular area for his support network to keep in mind in the future.  Having regard to that support and to the progress Mr Davis appears to have made, we are satisfied that his risk to the safety of the community can be managed on release conditions for the balance of his sentence.  Accordingly, we direct his release on parole on 17 February 2020.  Thereafter, until his statutory release date, he will be subject to standard conditions and the special conditions set out below.
6. One of his special conditions requires Mr Davis not to use, possess or consume alcohol, controlled drugs or psychoactive substances.  He is aware that he may be subject to direction by a probation officer or a police officer to submit to drug and alcohol testing or monitoring at any time.  Whilst the Board imposes a curfew for the first three months to provide an appropriate structure around Mr Davis’ transition to the community, we do not impose electronic monitoring.  We are not satisfied it is necessary and, in any event, the necessary report was not before us.
7. We have set the release date out to allow for a reintegration meeting with his supporters to occur before Mr Davis’s release from prison.  We invite his case manager to facilitate such a meeting which should involve his probation officer and the treating psychologist.  Mr Davis will be required to present his safety plan as to how he will keep himself and the community safe with particular regard to likely scenarios that he will face when he returns to the community.
8. Release accordingly.  Special conditions as follows:

   (1) To obtain the written approval of a Probation Officer before starting or changing your position or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

   (2) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

   (3) For 3 months from the date of your release, to be at your approved address between the hours of 10:00pm and 6:00am daily unless you have the prior written approval of a probation officer.

   (4) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.

   (5) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

   (6) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

   (7) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

   (8) To reside at [withheld] or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.