Release on Parole is discretionary and granted where the Board considers an offender is no longer an undue risk, and Parole conditions are imposed on the offender. This differs from Release on conditions which occurs when the offender has completed their full sentence and must be released, in this case the Board sets standard conditions.
When an offender is released from prison on Parole or at the end of their sentence they are required to comply with the conditions of release imposed by the Board.
How long do release conditions last?
- The Board must, by law, impose conditions on an offender who is granted parole once released from prison, until their statutory release date plus six months after the end of their sentence.
- If an offender is released after serving all their entire sentence in prison then the Board can only impose release conditions for six months.
- If the offender is serving a life sentence or a sentence of preventive detention then the Board must impose standard release conditions for life.
Conditions of release
All offenders released on parole are subject to standard release conditions, set out in the Parole Act 2002, which must be imposed for at least six months. The Board can also choose to impose special conditions in addition to the standard release conditions.
Special conditions imposed by the Board may not be imposed for a longer time period than the standard release conditions. The Board may suspend some, or all, of the standard release conditions if they are not compatible with the special release conditions that the Board wants to impose.
Standard Release Conditions
A list of the standard release conditions can be found under section 14 of the Parole Act 2002. Click here to read.
Special Release Conditions
The Board can also impost special release conditions on an offender's release. Under the Parole Act 2002, a special condition must not be imposed unless they are to:
- provide for the reasonable concerns of victims of the offender; or
- reduce the risk of re-offending by the offender; or
- facilitate or promote the rehabilitation and reintegration of the offender.
Click here to read section 15 of the Parole Act 2002 which deals with special conditions.
The Board is able to monitor compliance with conditions for up to 12 months from the date of release. Further details can be found here in Section 29 of the Parole Act 2002.
Release on Conditions (statutory release)- Not release on Parole An offender who completes their full sentence without being released on parole will be released unless they receive a Court imposed extended supervision order for up to 10 years, (offenders convicted of a serious violent or sexual offence and who pose a real and ongoing risk).
If an offender reaches their end of sentence, the Board will use release conditions, set out in the Parole Act 2002, which must be imposed for at least six months. The Board can't choose to impose any additional special conditions or impose them for longer than six months.
An Offender can be recalled for breaching Parole condition but not those imposed as release conditions at sentence end.
Management of offender parole conditions and release on conditions are the responsibility of the Department of Corrections.
Conditions of release
The Department of Corrections monitors offenders released on parole. If an offender who has been released on Parole (but not on release conditions at the end of their sentence) breaches release conditions or becomes uncompliant it can apply to the Board to have the offender recalled to continue serving their sentence in prison.
The offender released on Parole can be recalled to prison at any time, until the offender's sentence ends. Once an offenders' sentence end date has passed they cannot be recalled to prison, even if they are subject to release conditions.
The Department of Corrections can apply to the Board for an offender to be recalled to prison before their statutory release date if they:
- are an undue risk to the safety of the community, or any person, or class of persons;
- have breached their release conditions;
- have committed an offence punishable by imprisonment;
- are subject to residential restrictions and :
- they are endangering the safety of anyone at their residence, or the residence is no longer available, or they no longer wish to be subject to residential restrictions.
Corrections, or the Police via Corrections, can apply for an offender to be recalled to prison on the ground that they are an undue risk to the safety of the community, or to any person or class of persons.
On the Board's receipt of the application to recall a panel convenor determines whether the offender is an undue risk to the safety of the community. If so an interim recall order is made and an arrest warrant is issued.
A hearing to determine whether or not to make a final recall order, takes place within a month of the offender returning to prison. Recall applications usually take place within 14 to 28 days. If the Board determines that the offender poses an undue risk to the safety of the community a final recall order is made and the offender will continue serving