New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Mr Tyreese Stuart Fleming

Hearing: 21 September 2023

at Christchurch Mens Prison

Members of the Board:

Ms Serina Bailey (Panel Convenor)

Mr Chris King

Ms Karen Coutts

Counsel:  Ms L Glover

In Attendance: [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Tyreese Fleming appears before the Board for a further consideration of parole.
2. Mr Fleming is serving a sentence of two and a half years imprisonment after convictions were entered for driving dangerously causing death (x5).  Mr Fleming has no previous convictions and his statutory release date is 28^th December 2024.  He is presently 21 years of age, the offending occurred when he was 19 years old.
3. The driving offending resulted in a tragic outcome with the death of five young men from Timaru.
4. Mr Fleming has on his sentence plan individual psychological sessions, which have been completed and he has prepared a safety plan with the psychologist.
5. There is no further treatment available to him within the prison environment. He has been assessed as low risk of reoffending and is therefore not eligible for the youth programme.
6. Mr Fleming has arranged accommodation with the [withheld] in Christchurch. The Board has been advised Mr Fleming will be residing with others who have been assessed as suitable for him to do so.
7. Mr Fleming last appeared before a Board on 3 May 2023. That Board determined that it appropriate to prepare release planning in the Christchurch District, to strengthen his release planning  and to also engage in reintegration activities if they became available.
8. The Board met with some of the victims during the week, who mostly felt Mr Fleming should be serving his whole sentence. The Board acknowledge that the victims have been deeply impacted by the offending and while the role of the Board is to assess community safety and risk, we acknowledge the ongoing impacts of Mr Fleming’s offending. [withheld].
9. Mr Fleming’s lawyer, Ms Glover, was present at the hearing today. Submissions have been filed for the hearing by Ms Clifford who is unavailable and Ms Glover appears on her behalf.  Ms Glover made verbal submissions to the Board and also referred the Board to the written submissions. She submitted that Mr Fleming had updated his safety plan since initially preparing it (which the Board has received), he has good external support on release and he has worked very hard throughout his prison time with respect to facing stressors and developing coping mechanisms to deal with this. [withheld].
10. Ms Glover summarised by stating that Mr Fleming was not an undue risk and could be safely released back into the community with the work he has completed, safety planning, supported accommodation and other supports.
11. Mr Fleming spoke with the Board. [withheld]. Mr Fleming said that he found the psychologist’s sessions helpful in assessing his high‑risk situations and how to manage these. Mr Fleming acknowledged that he had drunk some alcohol prior to the accident, he denied taking any drugs.
12. Mr Fleming appreciated the availability of the [withheld] accommodation and understands that, once he was settled there, he can be directed to complete programmes which will assist with any further reintegration needs. He is willing to do so. Mr Fleming has employment available on his release and he is appreciative of that opportunity. The employment opportunity is not far from where he will be initially living and he will be able to get himself to and from work without driving. Overall, he has a very good release plan.
13. Mr Fleming was asked how he will deal with any new stressful situations. He believes the sessions with the psychologist and the preparation of safety planning has helped him considerably understand high risk situations and how to engage consequential thinking.  [withheld]. He will also have his Probation Officer to work with in the community should he have pressures for which he needs assistance
14. Mr Fleming appears to fully appreciate the feelings of the victims’ families and appreciates that being released to Christchurch is the appropriate way to go at this time. His time in prison, which was initially difficult for him, has given him time for reflection on his actions and the grief he has caused.
15. Mr Fleming has prepared a safety plan which is considered an appropriate one. He also has a release plan with respect to employment, support services, accommodation and family support for his release back into the community. Mr Fleming was able to talk about his high-risk situations and how to deal with those situations.
16. [withheld].
17. In consideration of everything that was heard today - which includes Mr Fleming’s treatment, safety and release planning, supported accommodation, his responses to the Board’s questions - he is no longer considered an undue risk and will be admitted to parole. He will be released on 18 October to the [withheld] accommodation
18. The conditions as outlined in the Parole Assessment Report will all apply and a monitoring condition will also added. This will be in January 2024. It is appropriate for this to occur considering the seriousness of the offending, his youth and by then he may have moved on from his present supported accommodation.
19. Mr Fleming will be subject to his conditions for six months past his statutory release date.
20. The special conditions are:

(1) To comply with the requirements of partial residential restrictions at the approved [withheld] accommodation, Christchurch between the hours of 09:00pm and 06:00am daily unless you leave the residence:

(a) to seek urgent medical or dental treatment;

(b) to avoid or minimise a serious risk of death or injury to you or any other person;

(c) for humanitarian reasons approved by a Probation Officer; or

(d) with the prior written approval of a Probation Officer in order to:

(i) comply with any special conditions;

(ii) seek or engage in employment; or

(iii) to attend training or other rehabilitative or reintegrative activities or programmes.

(2) Upon expiry of the residential restrictions condition you must reside at an address approved in writing by a Probation Officer.

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

(4) To submit to electronic monitoring as directed by a probation officer, in order to monitor your compliance with any conditions relating to your residential restrictions.

(5) 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.

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

(7) Not to enter the Timaru and Temuka districts and the Eastern suburb of Christchurch as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

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

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

(10) To attend, participate in and complete any counselling as directed by a Probation Officer.

(11) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed 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) 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.

(14) To comply with any direction made under section 29B(2}(b} of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

(15) Not to drive, be in possession of, or have an interest in a motor vehicle without the prior written approval of a Probation Officer.

(16) Not to drive a motor vehicle unless you are lawfully entitled to do.

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