New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Luke Aaron SMITH

Hearing: 12 May 2021

at Auckland Prison

Members of the Board: Judge C Blackie (Panel Convenor)

Ms M Kleist

Major C Roberts

In Attendance:                               (withheld)(Case Manager)

Support Persons: (withheld)

DECISION OF THE BOARD

1. Luke Aaron Smith appeared again before the Parole Board on 12 May 2021.
2. Mr Smith is serving a sentence of six years six months’ imprisonment having been convicted on a number of charges involving unlawful sexual connection with a young person aged between 12-16 years, indecent assault and the possession of objectional materials.  He was also sentenced for possessing cannabis for the purpose of supply.
3. Mr Smith's sentence commencement date was 28 of July 2017 and his sentence end date is 24 March 2023.
4. Mr Smith has a security classification of minimum and a RoC*RoI of .34506.
5. When last seen by the Board in April 2020 it was noted that he had good reports from behaviour within the prison and was waitlisted to attend the CSOTP course.  Also, a psychological report was requested.
6. In the intervening period Mr Smith has completed the CSOTP, graduating at the end of April 2021.  Reports to the Board indicate that he has responded positively and now has a coherent understanding of all risk factors.  There are no further criminogenic needs.
7. He has a robust release and safety plan.  He was supported at the Board hearing by his (withheld) and a close friend.
8. Mr Smith advised that he had ‘reassessed his values' during the course of the most recent programme and now understood what were his controlling influences that led to his index offending.  He has a far more positive outlook on life and anticipates engaging in further education and work within ‘administration'.
9. The Board is now satisfied that Mr Smith no longer poses an undue risk to the community and that he should be released on parole as from 8 June 2021.
10. He will be subject to the standard conditions and the special conditions set out hereunder to his sentence end date 24 March 2023.
11. The Special Conditions are:

(1) To attend, participate in and complete Community Relapse Support Group as directed by a Probation Officer.

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

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

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

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

(6) Until 7 September 2021 you are 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 10:00pm and 6:00am daily, unless you have the prior written approval of a Probation Officer, or as permitted by section 33(4) of the Parole Act 2002.

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

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

(9) 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.

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

(11) 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.

(12) 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.

(13) Upon request, to make available to a Probation Officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

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