New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Andrew Peter MCGLYNN

Hearing: 25 February 2022

at Otago Correctional Facility via Videoconference

Members of the Board: Sir Ron Young – Chairperson

Ms T Sharkey

Ms M Kleist

Assoc. Prof. P Brinded

In Attendance:                                  [withheld] - Case Manager

[withheld]

[withheld]

Support persons: [withheld]

[withheld]

[withheld]

DECISION OF THE BOARD

1. Andrew Peter McGlynn who is 55 years of age, was sentenced to life imprisonment for murder in 1986.  His security classification is currently low/medium.
2. Since his imprisonment in 1986, he has committed 24 offences involving violence and breaches of special conditions.  Prior to the murder, he had three pages of convictions for violence primarily.
3. Mr McGlynn has now been released and recalled seven times.  Mostly it has been because of his abuse of alcohol and drugs; sometimes it has been because of violence.
4. Last time we saw him was in August 2021.  He was in self-care but he had left.  He had not used his support and he had not used his safety plan which was the basis on which he has been recalled many times.  But [withheld] to whom he had been released on the last occasion, were prepared to provide further accommodation for him.  [withheld] were prepared to provide support for him by way of counselling.  Our concern was Mr McGlynn’s mental health and how that might be managed.
5. As to the current position he has had further sessions with Correction’s psychologists.  He now accepts that when he gets in distress in the community, he does not use his supports and often turns to drugs.  And so, he is assessed at being very high general reoffending and high of violence.
6. To acknowledge the positive things for Mr McGlynn, he has not had a conviction for violence now since 2004.  More recently, his PCO acknowledged that his behaviour within the prison has been good and recently he had taken a very positive step in reducing the anger of another prisoner who was concerning the prison officers.
7. He seems to have been managing his [withheld] well, taking [withheld].
8. There was an incident on 26 December 2021 that caused concern but in the end we have concluded that it is difficult to precisely know what happened.  Prison officers saw Mr McGlynn as being intoxicated in some way; he was tested and found that he had neither drugs nor alcohol in his system.  He says it was because he mistook his medications and took two doses in short order.
9. The question now really becomes, is Mr McGlynn any longer an undue risk because of the special conditions that we can impose. We have decided to give Mr McGlynn a further chance.  We do so primarily because of the extensive support he has.  It is difficult to imagine a more supportive release for a prisoner.  So, Mr McGlynn will understand that if he cannot manage to stay out of prison with this release proposal, it is difficult to see in the future how he can.
10. He will be released on 26 April 2022 to [withheld].  This is a [withheld] rehabilitation programme that has a very positive reputation.  Secondly, [withheld], which also has an excellent reputation in the community for supporting those with [withheld], will provide support for him.  He will have oversight for the taking of his medication and he will have an extensive list of parole conditions, including an electronically monitored curfew, a prohibition against taking drugs and alcohol, which he will be tested for, and other tight conditions.  He will have electronic monitoring of the curfew until we see him again in November 2022 by way of a monitoring hearing.  We can then review the electronic monitoring at that time.
11. The special conditions are -

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

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

(3) Not to enter any premises licensed under the Sale and Supply of Alcohol Act 2012, other than supermarkets or dairies, or other place approved in writing by a Probation Officer.

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

(5) Subject to section 15(5) of the Parole Act 2002, to take any medication prescribed by a health professional in accordance with any directions given by the health professional.

(6) To attend a reintegration meeting as directed by a Probation Officer.

(7) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

(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.

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

(10) Not to communicate or associate, directly or indirectly, with any person known to you to associate with a gang unless you have the prior written approval of a Probation Officer.

(11) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

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

(13) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 9 pm and 6 am daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

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

(15) To attend [withheld] as directed by a Probation Officer and comply with the rules of the programme.

(16) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

(17) Upon release from prison, to travel directly to [withheld] and await the arrival of a Probation Officer and a representative from the monitoring company.

(18) 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.

“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”