New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Kim Michael David BARWELL

Hearing: 28 January 2020

at Invercargill Prison via AVL from Otago Corrections Facility

Members of the Board:

• Judge A N MacLean – Panel Convenor
• Ms K Snook
• Ms K Coutts

DECISION OF THE BOARD

1. Kim Michael David Barwell is before the Board for the fourth substantive time on a sentence of four years one month, with a statutory release date of 23 April 2020.
2. The last Board in November considered on the basis of the information from a psychologist that he needed more individual psychological treatment and a whanau hui.  Also the need for a comprehensive robust safety plan.
3. In the event those matters have all taken place although we do not have an actual report from the psychologist the Principal Corrections Officer today passed on an email comment that the current burst of treatment will be completed by 12 February which as it happens is the date upon which supported accommodation is available.
4. Mr Barwell outlined for us what has happened with respect to the psychologist.  He said he had seen a psychologist much earlier in his life but only briefly and feels that the nine sessions which he had in Otago and the current treatment he has received, plus involvement in a whanau hui with his supporters, has been of a substantial benefit to him.
5. He says he now has a much clearer picture based on growing maturity of where his weaknesses are and how to deal with his tendency in the past towards manipulation of others.
6. He seems to have a reasonably clear picture in his own mind of the plan for the next few months on release namely to pick up the relationship with [withheld] who he has known for 30 years although it has been a long time since they have actually lived together.  In particular to take that cautiously and to draw on the support of [withheld] in the interim.
7. The whanau hui confirmed that he is a man who needs routine and in the past has not been good at sharing emotions.
8. Mr Barwell confirmed that he does plan to follow up an approach to [withheld] to deal with historic issues and we would encourage him to do that.
9. Bearing in mind the short period to run until his statutory release date, and the fact that he now has met the expectations from the previous Board, we feel the risk is now manageable and would not be undue if he was released on the following conditions.
10. There is a recommendation for electronic monitoring and we can see that that is a good idea through to his statutory release date just to ensure after such along sentence his compliance with the rules and regulations and a graduated easing back into the relationship with his partner.
11. Accordingly he will be released on parole on 12 February 2020 on the standard and following special conditions.  Those conditions, save for the electronic monitoring, are to run for six months past his statutory release date.
12. The special conditions are:

    (1) Upon release from prison, to travel directly to [withheld] and await the arrival of a Probation Officer and a representative from the monitoring company.

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

    (3) 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.

    (4) 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.

    (5) To submit to electronic monitoring as directed by a Probation Officer and comply with the requirements of partial residential restrictions. To remain at your approved address between the hours of 9pm and 6arn daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

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

    (7) 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.

    (8) Not to be involved in the handling of money, provision of advice or management of the financial accounts or transactions, of any person or entity, unless you have the prior written approval of a Probation Officer.

    (9) To attend a reintegration meeting as directed by a Probation Officer.

    (10) 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.