In New South Wales, a person who is serving a sentence of imprisonment or detention may be granted parole when they reach the end of their non-parole period. This page deals with parole in New South Wales.
What is parole?
Parole is the conditional release of a prisoner into the community before they have finished serving their sentence. If a person is granted parole they are permitted to live in the community subject to strict conditions and supervision by the Department of Corrections.
Parole exists to allow prisoners the opportunity to start reintegrating into the community before the end of their sentence in situations where this is appropriate. Strict conditions and supervision are attached to any parole order to ensure the protection of the community.
Legislation
In New South Wales, parole is governed by the Crimes (Administration of Sentences) Act 1999.
Sentences of less than three years
When a person in New South Wales is sentenced to a term of imprisonment that is less than three years and a non-parole period is set, the prisoner automatically becomes eligible for parole when they reach the end of their non-parole period.
State Parole Authority
When a person in New South Wales is sentenced to a term of imprisonment that is more than three years and a non-parole period is set, the prisoner will be released on parole only if the State Parole Authority (SPA) makes an order.
Under the Crimes (Administration of Sentences) Act 1999, the SPA must make a decision about a prisoner’s parole no later than 21 days before the date they become eligible for release.
SPA must not grant parole to a person unless it is satisfied that it is in the interests of the community taking into account:
- the risk to the community in releasing the person
- whether release on parole is likely to address the risks of the person reoffending
- the relative risks of releasing the person at the end of their sentence (without supervision) and releasing the person on parole (subject to supervision and conditions)
The SPA must also consider:
- the nature of the offence
- the sentencing remarks of the court
- the prisoner’s prior criminal history
- the likely effect on any victims and their families
- any report from corrective services
It may also consider any submissions that have been made by Prosecutions, the prisoner, and victims as well as reports by professionals such as psychologists.
Serious offenders
When the SPA makes a parole decision in respect of a serious offender, the process is the same. However, the SPA is also required to consider the advice and recommendations of the Serious Offenders Review Council. Parole must not be granted unless the council advises that it is appropriate. If the SPA is considering granting parole to a serious offender, it must notify the victim of the offence and inform them that they can apply for the decision to be reconsidered.
Terrorism-related offenders
There are also special restrictions that apply to granting parole to a person who is a terrorism-related offender. The SPA must consider advice from the police, security and anti-terrorism authorities before making such a decision and must not grant parole unless satisfied that the person will not incite or engage in terrorist acts.
Exceptional circumstances
If there are exceptional circumstances, the SPA can make an order releasing a person on parole when the person would not otherwise be entitled to release – for example where the person is terminally ill.
Conditions
The standard conditions that attached to a parole order are that the person must not commit another offence, must comply with drug testing as required, must comply with supervision and direction by corrections, and must notify corrections of any change of address or employment.
Extra conditions may be attached to a person’s parole depending on their individual circumstances. This may include abiding by a curfew, participating in treatment programs, and agreeing not to associate with specific persons.
Breaches
If a person fails to abide by their parole conditions, the Department of Corrections may take a range of actions. This includes recording the breach but taking no further action, issuing an informal warning, issuing a formal warning, giving a reasonable direction about the conduct that gave rise to the breach and imposing a curfew for up to 12 hours in any 24-hour period.
If the SPA is notified of the breach, it may revoke the parole order and issue a warrant for the person’s arrest. It may also impose a period of home detention of up to 30 days.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
