New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Raurangi Mark MARINO

Hearing: 10 April 2019

at Auckland Prison

Members of the Board:

• Sir Ron Young (Chairperson)
• Ms P Rose
• Mr G Crowley

Counsel:

• Ms S Thode

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Raurangi Mark Marino, aged 23 years, was sentenced to 10 years imprisonment in 2012 for rape, aggravated wounding and burglary.  He has a final release date of 28 December 2021.  The rape was a particularly horrendous rape of a young child involving significant violence.
2. Mr Marino had no previous criminal convictions prior to this offending.
3. The last Board saw him in October 2018.  At that stage he had completed the Te Piriti Sex Offender Treatment Programme and the Drug Treatment Programme (DTP). Therefore he had completed all the rehabilitation programmes required of him.  The Board, at that stage, was looking towards how Mr Marino might be safely reintegrated into the community.  He was told that he needed to strengthen his release plan and undertake guided releases into the community.
4. We have seen Mr Marino today, together with his [withheld].
5. Mr Marino has not been able to undertake any guided releases.  That is because the Department of Corrections’ current criteria for security classification does not allow him, unless there is an override, to be reduced from low to minimum classification and so Mr Marino has not been able to undertake any guided releases through no fault of his own.
6. In speaking to the Principal Corrections Officer (PCO), however, it became clear that some consideration may be given to reducing his classification to minimum by an override. We are also advised that if Mr Marino has a release date then it will be possible for him to undertake guided releases into the community even though his security classification is at low.
7. Mr Marino has done what the Board had asked of him in October 2018.  He has strengthened his release plan.
8. [withheld] have been constant support for him.  They will provide support for him in the community. Mr Marino has illustrated the maturity to accept that current contact with [withheld] in particular and to a lesser degree with [withheld], is not currently helpful.  Overall, Mr Marino has done all that has been asked of him in terms of reintegration.  He has also identified a residence at [withheld] who have accepted him for post release residence.
9. We are therefore satisfied that he is no longer an undue risk but only if he completes in the next three months before his release the following undertakings.
10. Firstly, he will need to undertake a whanau hui with his family, the Department of Corrections, [withheld], his probation officers, and others who have an interest in his welfare so that it is clear what his future plan is including his safety plan and his release plan.
11. Secondly, he will need to have a number of guided releases.  Mr Marino was imprisoned at age 16; he is now 23 years of age.  He will simply not be familiar with the community and he needs to have a confidence that he can do the ordinary things in life, go to the bank, purchase food, and also become familiar with the [withheld] residence he is to go to in [withheld].
12. While we are today granting Mr Marino parole, it will not be until [withheld] July 2019.  That [withheld] will give him the opportunity to undertake the matters we have mentioned above.
13. As far as his special conditions are concerned we have amended some of the special conditions suggested by Community Corrections.  The new special conditions are set out at the end of this decision.  One in particular we wish to mention.  We will hold a monitoring hearing for him in February 2020.  That monitoring hearing will be in person and will give us, and Mr Marino, an opportunity of finding how he has fared on parole.  That will also provide the Board with an opportunity to reconsider Mr Marino’s special conditions.  We make no apology for the onerousness of the conditions but we do think after six months they could usefully be reviewed by the Board.
14. The special conditions are:

    (1) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

    (2) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

    (3) 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.

    (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 communicate or associate, directly or indirectly, with any person known to you to associate with gangs unless you have the prior written approval of a Probation Officer.

    (6) To attend, participate in and adhere to the rules of the monthly sexual offenders relapse prevention group to the satisfaction of your Probation Officer and group facilitator(s).

    (7) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

    (8) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

    (9) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

    (10) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

    (11) To reside at [withheld] or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.

    (12) 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.

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

    (14) 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.

    (15) Not to enter or loiter near any school, early childhood education centre, park, library, swimming pool, other recreational facility, church, or other area specified in writing by a Probation Officer, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

    (16) 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.

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