New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Shay Robert RICHARDS

Hearing: 15 April 2019

at Rolleston Prison via AVL to NZPB, Wellington

Members of the Board:

• Ms T Williams Blyth (Panel Convenor)
• Ms G Hughes
• Mr D Hauraki

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Shay Richards (22) appears for consideration of parole.  He is serving a three year three month sentence for reckless driving causing death, reckless driving causing injury and theft.
2. Mr Richards has previous convictions for theft and unlicensed driving.
3. In prison he has a RoC*RoI of 0.44136, a prison security classification of minimum and a statutory release date of 2 May 2020.  There is approximately one year left on his sentence.
4. When he appeared in March 2018 the Board noted the Judge’s description that the offending was a prolonged, persistent and deliberate course of bad driving.  Mr Richards had completed the drug treatment programme (DTP) and was expected to start the medium intensity rehabilitation programme (MIRP) in June.
5. The parole assessment report cites one incident in January; however, that did not result in a misconduct.  He is described as polite and respectful.
6. Mr Richards has completed DTP, MIRP and the maintenance.  He has been working in the construction yard since November 2018.
7. Old associates and communication were identified as issues in the past.  He used to bottle stuff up.  Now he knows it is okay to let things out, it just depends on how you do that.  His mindset has changed a lot on everything.  He is positive now whereas before he was negative.
8. Mr Richards wants to do something with his life.  He is stuck on getting a job in the dairy industry.  He has been completing education units and is waiting for [withheld] to come and see him.
9. At the outset of the hearing Mr Richards was advised that the Board had met with the family of the victim who died.  The family do not want him released to the Invercargill region. They questioned whether Mr Richards would be prepared to take in part restorative justice.
10. For his part, Mr Richards has thought about the request for restorative justice.  He has not keen on taking part while he is in jail but he would consider it when he is released.  He would consider it in the community so that he could attend with support.
11. The Principal Corrections Officer confirmed that there have been no issues in prison.  Mr Richards has been working in the construction yard for five months.
12. Mr Richards’ family also attended the hearing.  They confirmed that [withheld] has previously been approved but they have not met with anyone this time.
13. The Board have considered Mr Richards’ offending, his history, age, presentation today, the completion of offence focussed treatment and the positive reports.  Taking all those matters into consideration, the Board is satisfied that Mr Richards no longer poses an undue risk and any residual risk can be managed by conditions.
14. Parole is granted.  Mr Richards will be released on [withheld] May 2019.  He will be subject to standard and special conditions for six months past his statutory release date.
15. Mr Richards has been advised that he may be subject to random alcohol and drug testing.
16. The special conditions are as follows:

    (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 attend a departmental programme/maintenance group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.

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

    (4) For the first 3 months of your release to be at your approved address between the hours of 9:00 pm and 6:00 am daily unless you have the prior written approval of a probation officer.

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

    (6) Not to enter the Southland area as defined on a map by a probation officer unless you have the prior written approval of a probation officer.

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