New Zealand Parole Board -

Progress hearing

Under section 29B(2)(b) of the Parole Act 2002

Raurangi Mark MARINO

Hearing: 12 February 2020

at [withheld] Community Corrections

via AVL from Arohata Prison

Members of the Board:

• Ms M Coleman – panel convenor
• Ms S Driver
• Dr G Coyle

Supporters:

• [withheld]

Attendees:                                      

• Ms C Allen – probation officer

DECISION OF THE BOARD

1. Raurangi Mark Marino, who is 24, appeared before the Board today.  The Board is considering his progress following his release on 15 July 2019 from a 10 year sentence for the rape and other violent offending against a young girl under the age of 12.
2. Mr Marino’s statutory release date is 28 December 2021.
3. Mr Marino has done very well since his release from prison.  He has been compliant in all his obligations of parole.  He has also managed well with the circumstance of media reports that necessitated him temporarily moving out from his accommodation.
4. Mr Marino has a job at [withheld].  His employer speaks very highly of him.  He has also entered into a new relationship.  His partner supported him at today’s hearing.  Both she and her family are fully aware of his offending.
5. Of concern to the Board was that Mr Marino has not yet started work with a psychologist.  Part of the reason appears to be the need to ensure anonymity as a result of his profile and the consequential need for him not to be seen around the Community Corrections facilities.  For that reason, Mr Marino has also been reporting to his probation officer at home visits or another address.  In our view, it is essential that this work commence straightaway.  We see no reason why Mr Marino cannot receive support through a psychologist at an alternate address, including his own home.
6. The other significant matter for discussion at today’s hearing was his desire to live with his partner.  Community Corrections supports them living together and approved the address.  However, the planned move was put on hold until it could be discussed with the Parole Board at today’s hearing.
7. The Board supports them residing together.  She is a protective factor for him and is fully aware of his offending.  The Board reconfirmed his probation officer’s approval of both the address and of them living together at the hearing today.  The move into the community from supported accommodation is a transition envisaged by his reintegration plan.
8. Given his profile, some further particular safety planning around them residing together, in particular around the possibility of publicity, should be undertaken first.  We recognise safety planning of this nature has occurred already, but we are unsure if it has involved his partner.  In order for that work and for the psychological work to get underway, permission for them to reside together at the approved address will be deferred for a month - that is until 12 March 2020.
9. We have amended the special conditions to require him to start work with a psychologist before that date also.  We have also amended the special conditions to state that the drug and alcohol assessment and his participation at the sex offenders relapse prevention group need only take place if he is directed to do so.  The former may not be required and the latter may not be necessary given his work with the psychologist.  We leave those matters to his probation officer and treating psychologist to determine.
10. Mr Marino is doing well.  In light of that, the Board has decided it does not need to further monitor his progress on parole.  His conditions largely remain relevant.  We have made some minor alterations to them as outlined already.  It may be appropriate at some point before the end of his sentence for there to be a variation to his conditions, including the GPS monitoring of the whereabouts conditions.  We leave that for Mr Marino and his probation officer to apply to the Board if that is the case.  At this stage we note that his probation officer supports the continuation of GPS monitoring.
11. Mr Marino’s conditions are now 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 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) If directed 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) By 12 March 2020, to attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

    (8) If directed, 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 reside at an 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.

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

    (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 attend, participate in and complete any programme, treatment or counselling, including relationship counselling, as directed by a probation officer.