MARTIN - James Timi - 30/07/2015
Under section 21(1) of the Parole Act 2002
Under section 18(2) (SRD) of the Parole Act 2002
James Timi MARTIN
Hearing: 30 July 2015 via Video Conference at [Withheld] and NZ Parole Board, Wellington
Members of the Board:
Alan Ritchie (Panel Convenor)
Mr P Elenio
Ms M Coleman
DECISION OF THE BOARD
1. James Timi Martin, 55, appeared for the setting of final release conditions in relation to his sentence of 16 years for rape, adding to a significant record including an earlier rape committed in 1990 for which he received a 10 years sentence in 1992.
2. Mr Martin has a minimum prison security classification, a RoC*RoI of 0.68543 and a statutory release date of 29 August 2015 with a sentence expiry date of 29 November 2015.
3. This is a pre-CD sentence, it having commenced on 28 February 2001.
4. Mr Martin was released on his final release date in 2010 but recalled in 2011.
5. On 13 July 2015 the Board expressed concern about a lack of appropriate information for the setting of final release conditions. It also mentioned the need for Mr Martin to have some legal advice on a possible Extended Supervision Order (ESO).
6. In its decision the Board adjourned this hearing until 29 July. Mr Martin was expecting that to be the case and was somewhat concerned that it should be today.
7. He expressed further concern that he really did need legal advice in relation to the question of his release from his sentence and also in relation to the prospect of the ESO. He expressed concern also that he would have benefited from support people being in attendance.
8. We have had a lengthy but very helpful discussion with Mr Martin and his case manager about the appropriate steps forward for today.
9. Mr Martin in fact readily accepts that for today’s hearing the Board is considering just the question of release at the statutory release date. This has to be the case because there is no approved accommodation. We are considering only the question of the setting of final release conditions to apply from the statutory release date for the period allowed by the law. In this regard we are referring to section 18 of the Parole Act 2002.
10. Mr Martin is accepting of that situation and that the ESO including conditions attaching to it will be for separate consideration.
11. On that basis the hearing proceeded and we had another good discussion with Mr Martin about the conditions proposed by the Department as set out in a specific addendum parole assessment report which appears to have been completed as recently as 29 July 2015. Certainly Mr Martin told us that he was not given a copy of that until yesterday.
12. The essence of Mr Martin’s concern is the extent of the conditions compared with those on which he was released at his final release date. However having taken him through each of the conditions he does now have a quite reasonable understanding of the situation and he expressed confidence that the Board would make its decision bearing in mind aspects of his concern. The Board told him that if there was a real issue of workability following his release then he should speak to his Probation Officer about the prospect of an application for variation.
13. Mr Martin will be released on his statutory release date. He will be subject to the standard conditions set out in section 14 of the Parole Act and the following special conditions with all conditions continuing for six months beyond the statutory release date except for the curfew which will apply for three months only.
(1) If directed, to undertake and complete appropriate treatment/counselling/programme, as may be recommended to the satisfaction of the Probation Officer and treatment provider.
(2) If directed, to attend for a psychological assessment. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(3) Not to possess or consume alcohol or illicit drugs.
(4) To submit to electronic monitoring in the form of Global Positioning System (GPS) monitoring as directed by a Probation Officer in order to monitor your compliance with any condition relating to your whereabouts.
(5) For the period of three months from date of release to be at your approved address between the hours of 10:00 pm and 5:00 am daily except where you have the prior written approval of your Probation Officer.
(6) To reside at an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer.
(7) In the absence of a residential address you are required to report, on a daily basis to a Community Corrections service centre (or other location) as directed in writing by a probation Officer, and remain at this location for up to two hours for the purpose of charging your GPS anklet. This condition will remain in force until such time that suitable accommodation has been secured.
(8) To notify your Probation Officer before starting, terminating or changing our position or place of employment.
(9) To attend a reintegration meeting with support people or agencies as may be directed by your Probation Officer.
(10) Not to have contact or otherwise associate with any victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer
(11) Not to communicate or associate with Black Power Gang members or associates or any other people identified in writing by your Probation Officer, unless you have the prior written consent of your Probation Officer.
(12) Not to approach or enter the city boundaries of Rotorua unless you have the prior written consent of your Probation Officer and then only on such conditions as may be stipulated.
(13) To comply with the requirements of electronic monitoring, and provide access to the approved residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.