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Parole

The purpose of parole is to supervise the reintegration of offenders into the community, for at least six months before the end of their total sentence. While on parole the offender is still considered to be under sentence. The Sentencing Act 1991 requires a judge or magistrate to set a parole period for any sentence longer than 24 months, unless it is not appropriate. For sentences between 12 and 24 months, it is the court’s decision whether or not to fix a parole period. Parole is not possible for sentences less than 12 months.

Parole benefits the wider community by ensuring offenders are supervised and supported during reintegration, and reducing recidivism. It is not simply a reward for a prisoner’s good behaviour. Prisoners must make progress during their non-parole period in order to be considered for conditional release.

Aside from general obligations that must be met by all offenders on parole, further conditions imposed are tailored to each case. Conditions of parole may include:

• attendance for assessment for alcohol or drug addiction, or submitting medical, psychological or psychiatric assessment and treatment
• no contact, directly or indirectly, with the victim or certain potential victims
• no unsupervised contact with children
• a curfew
• strict conditions about place of residence and avoidance of certain geographical locations
• abstinence from alcohol
• requirements to attend personal development programs
• random substance testing.

The role of the Adult Parole Board

The role of the Adult Parole Board (APB) is to make independent and appropriate decisions in relation to:

• the release of prisoners on supervised conditional release (parole or pre-release permit)
• the cancellation of orders and return of offenders to prison custody
• the submission of reports to the Minister for Corrections as required by legislation.

The Youth Parole Board is a separate body and operates under the auspices of the Department of Human Services.

Factors taken into consideration by the Adult Parole Board

In making its decisions, the board considers the interests of both the community and the prisoner, the position of the victim, and the intentions of the sentencing authority. Factors taken into the consideration by the board include:

• the nature and circumstances of the offence(s)
• comments made by the judge when imposing the sentences
• the offender’s criminal history
• previous history of supervision in the community
• potential risk to the community and/or the individual offender
• release plans
• reports, assessments and recommendations made by a variety of professionals, including medical practitioners, psychiatrists, psychologists, custodial staff and/or Community Corrections Officers
• submissions made by the offender, the offender’s family, friends and potential employers or any other relevant individuals
• representations made by the victim or by persons related to the victim
• representations made by the offender or others with an interest in the case.

Decisions of the Adult Parole Board

The board may:

• grant a prisoner release onto parole, or a pre-release permit
• deny release on parole or pre-release permit
• defer consideration until a later date
• cancel an offender’s parole or pre-release permit

There is no formal avenue of appeal against a decision of the board, but a prisoner may request a review of any decision of the board.

Prisoners eligible for release on parole or pre-release are automatically brought to the board’s attention.

Membership

The Adult Parole Board consists of:

• two judges of the Supreme Court of Victoria, one of which is the Chairperson of the Board
• a retired judge of the County Court of Victoria
• a current judge of the County Court
• a deputy Chief Magistrate
• a retired Chief Magistrate
• a full-time member
• the secretary to the Department of Justice
• seven part-time members (four women and three men) representing the community.

Home Detention

The Home Detention Program began in Victoria in 2004, and enables the Adult Parole Board to direct selected non-violent, low security offenders from prisons to serve part of their sentences in home detention. These offenders can maintain employment and family and community links, making successful rehabilitation and reintegration more likely.

Offenders must have completed two-thirds of their sentences and a maximum of six months may be served as home detention.

The board may revoke its orders or those made by the court where there has been a breach.

Victims Register

On 30 August 2004 a Victims Register was established to enable victims to receive information about adult offenders who have been convicted of violent crimes against them. Victims have a statutory right to make submissions to the Adult Parole Board regarding their concerns about an offender prior to parole.

The board may also impose special conditions upon parole orders to protect victims from contact with parolees. When requested, the board may disclose to the victim details about the release of an offender on parole, including any special conditions of the parole.