New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Sumit Shayamal NARAYAN

Hearing: 14 March 2022

at Auckland South Corrections Facility via MS Teams

Date of decision:                              30 March 2022

Members of the Board: Ms M Coleman (Panel Convenor)

Mr C King

Mr C Roberts

Counsel: Ms Jamie-Anne Tulloch

In Attendance: [withheld] (Case Manager)

RESERVED DECISION OF THE BOARD

1. Sumit Shayamal Narayan, who is 44, was further considered for parole at a hearing on 14 March 2022.
2. Mr Narayan is subject to a 22-year sentence for serious and sadistic sexual offending and aggravated robbery.  Mr Narayan’s final release date is 13 May 2022, although his sentence does not end until 13 November 2022.   The imminence of his final release date means that if the Board does not consider that Mr Narayan should be paroled, it will move to set his final release conditions.
3. Mr Narayan was last before the Board in September 2021.  He had no approved accommodation at that point which he accepted meant that he was unlikely to be released on parole.  The Board said that it was important that he be given as many reintegrative activities as possible.  It asked for updating advice around any plans to apply for an extended supervision order (ESO) as well as for a copy of his safety plan to be provided to the Board once he had completed his one-to-one work with a psychologist.
4. Little progress has been made.  Mr Narayan has not had any significant reintegration opportunities provided to him.  There have been no guided releases and there is no Release to Work operating at Auckland South Prison at present due to COVID-19.  Given those circumstances, Mr Narayan does not meet the statutory test for release on parole.  In our view he remains an undue risk to the safety of the community.  Parole is declined and we move to set his final release conditions.
5. Mr Narayan has consistently been assessed as posing a high risk of re-offending.  He has not engaged in the most appropriate programme to reduce that risk, being the Adult Sex Offender Treatment Programme, but has had individual treatment sessions with a psychologist.  According to the most recent Parole Assessment Report, Mr Narayan’s high risk of reoffending is unlikely to be addressed through further treatment in prison, although prison-based reintegrative opportunities are recommended.  The Report also states that due to a wide range of dynamic risk factors, Mr Narayan will need external support and management on release.
6. At his final release date, Mr Narayan has approved accommodation at [withheld].  This is a facility on the grounds of Spring Hill Prison which is run by [withheld].  Another of the proposed special conditions is that he undertake a reintegration programme administered by [withheld] between the hours of 8 am and 8 pm daily.
7. At the time of the hearing a copy of that programme had not been provided to the Board.   We asked for the details of it to be provided and indicated that we would provide a copy to Mr Narayan through counsel for any comment if the Board was considering imposing that condition.   It was provided to counsel and any submissions in response were due by Friday 25 March 2022.  No submissions were received.
8. The reintegration plan proposed is a comprehensive one.  The reintegration plan refers to the December 2019 psychological report provided to the Parole Board which identifies Mr Narayan’s dynamic risk factors as: a sexually deviant lifestyle, sexual compulsivity, offence planning, criminal personality, cognitive distortions, interpersonal aggression, poor insight into sexual offending, substance abuse, poor community support, release to high risk situations, the presence of sexual offending cycle, impulsivity, poor compliance with community supervision, devious sexual preference, and intimacy deficits.  It goes on to say that if Mr Narayan were to re-offend in a sexual manner it would most likely occur in the context of him living a chaotic and hedonistic lifestyle, using substances, experiencing a high level of sexual preoccupation and having been accessing pornography of a violent nature.  The report further said that at those times vulnerable adult women, particularly sex workers, would be at risk from Mr Narayan and the offending may range from aggravated robbery through to rape and may involve the use of weapons.   The reintegration plan is designed to help him to develop appropriate decision making, prosocial behaviours and will help to achieve his reintegration goals with the aim of a safe transition back into the community.
9. We agree that the plan set out, and the more detailed timetable of the plan on a weekly basis that was also provided to us, will assist Mr Narayan in achieving those goals.  In relation to the latter, we note that it refers to his ESO goals.  We recognise that Mr Narayan is not subject to an ESO at present.  Indeed, as we understand it, no ESO has been applied for yet.   That in our opinion does not detract from the appropriateness of the reintegration plan that is being proposed.
10. We consider the other special conditions proposed are also relevant.    These include limits on internet access and his ability to possess an internet capable device.  This is warranted given his use of hardcore pornography which he then acted out in the offending against one of his victims.
11. This offending occurred at night.  For that reason, Mr Narayan will be subject to a tight curfew of 8pm until 7am each day.  It is not electronically monitored.
12. Mr Narayan will be subject to a GPS-monitored whereabouts condition that will require him to not enter any area where sex workers are likely to congregate or premises where sex workers are working.  Mr Narayan was also found in possession of child pornography and, for that reason, a condition that he is not to associate with those under the age of 16 has also been included.
13. Mr Narayan was under the influence of drugs at the time of at least some of his offending and a special condition that he is not to possess or use alcohol or drugs is imposed.
14. Mr Narayan will be released on his final release date.  He will be subject to standard and special conditions for six months past his sentence end date.
15. The special conditions are:

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

(2) Whilst residing at [withheld] to undertake, engage in and complete a reintegration programme administered by a programme provider between the hours of 8am and 8pm daily, as approved by a Probation Officer, and abide by the rules of the programme to the satisfaction of the Probation Officer.

(3) To be at your approved address between the hours of 8pm and 7am daily unless you have the prior written approval of a Probation Officer.

(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) To reside at an approved address in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.

(6) 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.

(7) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(8) 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.

(9) Not to enter any brothel/red light district/or area where sex workers are likely to congregate or work as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

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

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

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

(13) Not to have any 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) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

(15) Not to possess or use any electronic device capable of accessing the internet other than a device that has been approved in writing by a Probation Officer.

(16) 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.

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

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