New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Neil John Phillip RISCHBIETER  

Hearing: 19 June 2019

at Rimutaka Prison

Members of the Board:

• Judge A Tompkins – Panel Convenor
• Ms W Taumaunu
• Mr P Elenio

Counsel:                                          

• Ms S Shone
• Ms G Sommers

Support Persons:

• [withheld]

DECISION OF THE BOARD

1. Neil Rischbieter appears before the Board for consideration of parole.  On 11 April 2018 he was sentenced to two years two and a half months following conviction for sexual offending against two young female victims.
2. Mr Rischbieter had a parole eligibility date of 5 January 2019 and has a statutory release and sentence end date of 24 June 2020.
3. When Mr Rischbieter appeared before the Board in December 2018 for his first consideration of parole the Board noted, at that time, that he was scheduled to commence the Child Sex Offenders’ Short Intervention Programme in January 2019 and Mr Rischbieter has now competed that programme.  In addition, he has prepared, together with [withheld] who has relocated away from [withheld], where the offending occurred, down to [withheld].
4. A detailed release proposal and safety plan and, in addition to that, Mr Rischbieter advises that he intends to re-engage with the clinical psychologist who worked with Mr Rischbieter after his offending came to light, and before he was sentenced to imprisonment.
5. In addition, the Board has a recent psychological assessment, prepared in April 2019, which records Mr Rischbieter’s positive progression through the Short Intervention Programme and the significant progress Mr Rischbieter made by working through and completing that programme.
6. The psychological assessment records that Mr Rischbieter is considered to be at low risk of future sexual offending and assesses his release proposal and safety plan as sufficient to meet that low level of risk so that, overall, no further recommendations for offence-focused treatment are made.
7. In all of those circumstances the Board is satisfied that Mr Rischbieter’s reduced level of risk can appropriately be managed in the community subject to parole for the balance of term of his sentence.
8. Release on to parole will occur on [withheld] July 2019 and, as recommended in the Parole Assessment Report, standard and special conditions will last until six months past sentence end date.  The special conditions being those seven conditions set out in the current Parole Assessment Report.

   (1) To reside at [withheld] and not move from that address unless you have the prior written approval of a Probation Officer.

   (2) Not to have contact or otherwise associate, with any victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.

   (3) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

   (4) 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.

   (5) Not to possess or access a data capable device unless supervised by an approved supervising adult.

   (6) To attend an assessment with a departmental psychologist and to complete any treatment or maintenance programme as advised by the assessment.

   (7) Not to enter or loiter near any place where children under 16 are congregating unless you have the prior written approval of a Probation Officer, or unless an adult who has been approved by a Probation Officer in writing, is present.

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