About the Pre-release Process

Process

This diagram shows a high level overview of the pre-release process.

Initiating the pre-release process 

All offenders who are sentenced to an indeterminate sentence of imprisonment (eg, life imprisonment or preventive detention) or who are sentenced to a long-term sentence of imprisonment (of 24 months or more) must be considered for parole prior to their parole eligibility date (PED).

The pre-release process usually commences eight months before an offender’s parole hearing.  It includes pre-planning and liaison between PS and CPPS and is proportionate to the offender’s assessed level of risk and need.  Although, in some cases the pre-release process will commence closer to an offender’s parole eligibility date.

Legislative framework 

The Parole Act 2002 governs the:

• release of offenders from prison following a long term of imprisonment
• processes of the NZPB
• activities involved in the preparation of parole assessment reports
• conditions that can be imposed on the offender’s release.

Parole is considered in legislation to be a ‘privilege’ and not a ‘right’. Neither the offender’s eligibility to be considered for parole, nor anything else in the Parole Act 2002 or any other enactment, confers an entitlement to release on parole.

Reference: Parole Act 2002 Sections 6(4), 28, 29, 34 & 43(1).

Characteristics of parole 

Parole has the following characteristics:

• It is available only to an offender who is subject to a long-term sentence of imprisonment (a sentence of more than 24 months).
• It is granted by the NZPB, which also imposes release conditions.
• An offender on parole from a determinate sentence (a sentence with an end date) is subject to recall at any time until his or her statutory release date.
• An offender on parole from an indeterminate sentence is subject to recall for life.

Responsibility of the NZPB

The NZPB is responsible for deciding whether to release an offender from prison on parole.  NZPB may grant release on parole only if it is satisfied that the offender will not pose an undue risk to the safety of the community, during the term of the sentence.  In doing so, it must have regard to the:

• support and supervision available to the offender following release
• public interest in the reintegration of the offender into society as a law-abiding citizen.

Offenders released at their statutory release date

Offenders who are released from prison at their statutory release date (SRD) are not technically on parole, as they are not recallable. These offenders are subject only to release conditions, which may be standard or special conditions.

However, in IOMS, release conditions are labeled parole and are managed in the same way as parole but without the ability to recall.

Imposing conditions on release 

The NZPB must impose release conditions whether releasing an offender on parole or at their SRD.  Standard release conditions must be imposed for at least six months and can be imposed for a length up to 6 months after the offender’s sentence/imprisonment end date (SED).  Special release conditions can be imposed for a short period, but no longer than the standard conditions.