The Community Probation Service manages offenders released from prison who have to meet certain conditions as part of their release. The conditions may include employment and living arrangements and rehabilitative programmes. The release arrangements vary according to the length and type of the prison sentence.
Short prison sentences
Offenders serving a prison sentence of two years or less are automatically released after serving half of their sentence at their statutory release date. Offenders sentenced to one year or less may have conditions of release, which have been set by the judge at sentencing. Offenders sentenced to between one year and two years must have conditions of release. The Probation Officer manages the offender to ensure these conditions are met.
Longer fixed-term prison sentences
Offenders serving over two years in prison are eligible to be considered for Parole from one third of their sentence to the end of the sentence (their statutory release date). From the 'one-third' time period or after any specified non-parole period, offenders are eligible to be considered by the New Zealand Parole Board for release on Parole. If Parole is granted, the offender will be released with conditions set by the Board.
If Parole is declined by the New Zealand Parole Board, the Board will set another time during the sentence when the offender can be reconsidered. This may happen on several occasions until the end of the offender's sentence. At the end of the sentence the offender must be released automatically and he or she will be released with conditions set by the Board.
Offenders serving long fixed-term sentences can also apply to be considered by the Board for Home Detention. If approved, they can begin Home Detention three months before they are eligible to be considered for release on Parole.
Indefinite prison sentences
Offenders sentenced to an indefinite prison sentence, for example, Life Imprisonment or Preventive Detention, will have a specific non-parole period which specifies the time before they can be considered by the New Zealand Parole Board for release. Once these offenders have reached this time, and if the Board has granted their release, they will be released on indefinite Parole with conditions.
Establishing the conditions of release
When an offender is eligible to be considered by the New Zealand Parole Board for release, the Public Prisons Service assesses the needs of the offender and how these needs have been met in prison. Prison staff work with the Probation Officer to develop a release plan detailing how the offender will be managed in the community. This information is given to the new Zealand Parole Board. The Board decides whether the offender will be released and the conditions the offender will have to meet once released.
The release conditions are specified in a release licence which is given to the offender. There are two types of conditions: standard conditions and special conditions. Standard conditions include reporting to the Community Probation Service, any restrictions on living and work arrangements and any restrictions on associating with people. Special conditions include participation in treatment, personal development or rehabilitative programmes, and addressing any other issues which reduce the person's risk of re-offending.
Probation Officers work with offenders to address their needs, motivate them to attend programmes and ensure that they comply with the release conditions.
Enforcement by Probation Officers
If the Probation Officer has concerns about an offender not meeting their release conditions, he or she will take the offender back to court. If the court convicts the offender for not meeting the conditions of release, the offender may receive a fine, a community-based sentence or another prison sentence. In the case of offenders released before their statutory release date or released from an indefinite prison sentence, the Probation Officer can apply to the New Zealand Parole Board to recall the person to prison.
The Community Probation Service provides the court with information to assist judges with their sentencing decisions and manages people who are on community-based sentences and orders. Community-based sentences and orders include: Supervision, Community Work, Home Detention, Release from prison on conditions and Parole. Offenders on community-based sentences and orders have to meet the requirements of their sentence and may have to attend rehabilitative programmes which address their offending needs.