New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Daniel Clinton FITZGERALD

Hearing: 18 March 2021

at Rimutaka Prison

Members of the Board: Judge E Paul (Panel Convenor)

Ms S Driver

Mr A Spierling

Counsel:                                           Mr K Preston

Support Persons: (withheld) Case Manager

DECISION OF THE BOARD

1. Daniel Clinton Fitzgerald again appears for parole consideration on a seven-year jail sentence for indecent assault and assault.  The maximum penalty was imposed against him as a result of the Three Strikes Law.  His sentence end date is December 2023.  He is currently low/medium security.  He was represented at this hearing by his counsel, Mr Preston, who coincidentally has represented him in the Supreme Court.  The Board notes Mr Fitzgerald currently has an appeal awaiting a formal decision from the Supreme Court with respect to his sentence.  Obviously, that matter will take its own course, however, should the Supreme Court determine that he be released from prison now, Corrections will have to take action to ensure there is a suitable release proposal for him in place given his particular characteristics and the peril he faces under the Three Strikes Law given his offending history.
2. In terms of consideration of parole today, despite Mr Fitzgerald’s significant work with Psychological Services, we have a recommendation as recently as February that a referral for a (withheld) assessment is required to determine any (withheld) for Mr Fitzgerald to address how he will be assisted and not re-offending in the same way.  Furthermore, given Mr Fitzgerald’s particular needs and risk profile, this Board considers a (withheld) assessment as to the appropriate level of accommodation should also be obtained to inform any future Boards as to his risk.  Mr Fitzgerald does not have a release proposal as such.  He has no approved address.  Certainly, the advice from his Case Manager is there was unlikely to be any accommodation at least in the short term.  Further enquiries had to be made.
3. In those circumstances, Mr Fitzgerald is not a candidate for parole.  He continues to be an undue risk to the safety of the community.  Parole is formally declined.  We ask that he be seen again in August of this year.  Prior to that hearing, once both the assessment and (withheld) report are available, we ask all those professionals hold a meeting with Mr Fitzgerald to prepare a plan going forward for his potential release.  We consider it critical that with the information obtained, all professionals have some input into what an appropriate release proposal may look like for Mr Fitzgerald.