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NOLAN - Brendan Paul Augustine Francis - 17/02/2017

Parole Hearing
Under section 21(2) of the Parole Act 2002

Brendan Paul Augustine Francis NOLAN

Hearing: 17 February 2017 [withheld]

Members of the Board:

  • Judge M Crosbie – Panel Convenor
  • Mr L Tawera
  • Mr A Hackney

Counsel:

  • [withheld]

Support Persons:

  • [withheld]

DECISION OF THE BOARD

1. Mr Nolan appears today for consideration of early release on parole.

2. Mr Nolan is 62 and serving a sentence for unlawful sexual connection and indecent assaults with females under 12.  That sentence commenced on 15 June 2012.  His parole eligibility date was 31 January 2014 and his statutory release date is 31 July 2017.

3. Mr Nolan was last seen by the Board on 16 August 2016.  At that point the Board was not satisfied that the release plan was sufficiently robust.  Considerable work has been carried out in that regard including recently a support group meeting conducted by AVL.  To that end the Prison Reintegration Coordinator was at the hearing today and confirmed that some considerable work has been carried out.

4. Much of the Board’s concerns relate to the possibility of proximity to victims [withheld].  In that respect the Board has had regard to victim submissions that were filed prior to the Board hearing last year.  There is nothing more recent to hand.

5. The Board is also concerned that Mr Nolan may be of interest to the community.  However, there are at least 30 members in Mr Nolan’s support group all of whom are aware of his offending.  That support group includes a local police constable.  No one is shying away from the extent of Mr Nolan’s offending or the impact of that offending on others.

6. The proposed conditions appear robust and the release plan as comprehensive as is possible.

7. Mr Nolan’s RoC*RoI rating is .25.  The assessment contained in the psychological report dated 15 July 2016 summarises that he is considered to pose a moderate/high risk of sexual offending.  Clearly the release plan and relapse prevention plan are imperative.

8. As noted above, Mr Nolan’s final release date is 31 July 2017.  In the Board’s view parole in this case will act as an appropriate bridge between release at that final release date simply on final release conditions.  The plan is comprehensive.  While there is always some risk associated with release, the Board is satisfied that the relapse prevention plan and proposal, together with the extensive community support, is such that any risk between now and the statutory release date will not be undue.

9. Accordingly Mr Nolan will be released on [withheld] March 2017 on the terms and conditions set out in the Parole Report.  Those terms and conditions will continue until six months past his release date.  There will be an additional condition that he is not to possess or consume alcohol or non-prescription drugs and is not to enter licensed premises excluding supermarkets.
(1) To attend, participate in and adhere to the rules of a relapse prevention group to the satisfaction of your Probation Officer and group facilitator(s).
(2) Attend for an alcohol and other drug assessment and thereafter attend and complete any treatment/counselling as recommended by that assessment to the satisfaction of your Probation Officer and treatment provider.
(3) To reside at [withheld] and not to move from that or any subsequently approved address without the prior written approval of a Probation Officer.
(4) You are to remain at your approved address between the hours of 19:00 and 07:00 seven days per week.
(5) To notify and obtain the consent of your Probation Officer prior to starting, terminating or changing your position or place of employment.
(6) You are not to associate or otherwise have contact with any person under 16 years of age unless under the direct supervision of an informed adult who has been approved by the Probation Officer. An informed adult is a person over the age of 20 years who is fully aware of your previous offending and high risk situations, and in the opinion of the Probation Officer will not support or collude with any further offending.
(7) You are not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(8) You are not to enter the township of Paekakariki except with the prior written approval of your Probation Officer.
(9) To submit to electronic monitoring in the form of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with any condition(s) relating to your whereabouts.
(10) 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.
(11) Not to possess or consume alcohol or use a controlled drug or psychoactive substance.
(12) Not to enter any licensed premises except for supermarkets.

Judge M Crosbie
Panel Convenor