New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Caleb Peter KOVALESKI

Hearing: 3 April 2018

at Manawatu Prison

via AVL from New Zealand Parole Board, Wellington

Members of the Board:

• Mr N Trendle – Panel Convenor
• Mr P Elenio
• Ms M More

Counsel: Ms S France

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Caleb Peter Kovaleski has 18 months remaining on a sentence of three years three months’ imprisonment for using a firearm against a law enforcement officer, unlawful possession of a firearm, dangerous driving, and other offending.  His statutory release date is 1 October 2019.
2. Mr Kovaleski has successfully completed the Te Tirohanga Programme, including the Drug Treatment Programme.  He is working with the aftercare worker and participating in the follow up maintenance.  Mr Kovaleski told us that his time spent in the Focus Unit had a significant impact on him.  Coming from a monocultural belief system he said it forced him to push his arrogance to one side and, at the conclusion of his time in Te Whare Whanui, he could sit on the paepae and effectively engage in the kaupapa of the unit.  This had a considerable impact on the way he now thinks.
3. Mr Kovaleski was supported by his [withheld] and [withheld] from [withheld].  When he is released, [withheld] will provide him with accommodation and ongoing support for up to 26 weeks.
4. Mr Kovaleski has accumulated over 80 convictions in nine years of offending.  He has offended every year except 2015 when he was in prison for much of that time.  Additionally he has a significant history of breaching Court orders, sentences or other obligations.  Nevertheless, the Board accepts the submissions made on his behalf by Ms France that he has made significant progress on this sentence.  Having regard to that progress and to the support that is available to him when he leaves prison, the Board is satisfied that his risk for the balance of his sentence can be managed by way of release conditions, provided he chooses to comply with them.
5. Accordingly, we direct his release on parole on [withheld] April 2018.  Thereafter, he will be subject to standard conditions and the special conditions set out below until his statutory release date.  We have included a number of conditions that are directed to mitigating his risk of re-offending and to assist with his reintegration.  He will be subject to a condition that he not use, possess or consume alcohol, controlled drugs or psychoactive substances.  He will accordingly be subject to the statutory drug and alcohol testing regime and liable to be required by his probation officer or a police officer at any time to submit to drug and alcohol testing or monitoring.
6. The Board has also included a condition requiring Mr Kovaleski to attend for a monitoring hearing in four months.  For that purpose, we request a report from his probation officer in August 2018 as to Mr Kovaleski’s compliance with his release conditions, and generally as to his progress on parole.  We impose that condition having regard to his history and frequency of offending, his history of breach and for the length of time remaining on his sentence.  We have regard also to the fact that he will be ending his tenancy with [withheld] and as yet his release proposal longer term is far from clear.
7. Mr Kovaleski will accordingly be required to attend the monitoring hearing and will receive the appropriate direction in due course.
8. Release accordingly.  The special conditions as follows:

   (1) To attend and participate in an alcohol and drug assessment, then undertake and complete any alcohol and drug treatment or counselling recommended by the assessment, to the satisfaction of a Probation Officer.

   (2) To attend and complete any treatment, counselling or programme as directed by a Probation Officer, to the satisfaction of the Probation Officer.

   (3) To reside at [withheld] or at an address approved by a Probation Officer, and not to move from that address without the prior written approval of a Probation Officer.

   (4) Not to be away from your approved residence between the hours of 10.00pm to 6.00am daily, unless you have the prior written approval of a Probation Officer.

   (5) Not to have contact or otherwise associate with the victims of your offending, directly or indirectly, unless you have the prior written consent of a Probation Officer.

   (6) To comply with the rules and tenancy obligations of the [withheld] to the satisfaction of a Probation Officer.

   (7) Not to possess or consume alcohol or use a controlled drug or psychoactive substance.

   (8) To attend, participate in and adhere to the rules of a Departmental maintenance group, to the satisfaction of a Probation Officer.

   (9) Not to possess or have in your control any firearm or ammunition.

   (10) Not to have contact or associate with persons known to you to associate with the Nomads, without the prior written approval of a Probation Officer.

   (11) 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, to enable the Parole Board to monitor your compliance with your release conditions.