Recommending Release Conditions

Standard conditions 

The NZPB must impose standard conditions on all offenders released from prison. They must also specify how long the standard conditions will apply to the offender.

Standard conditions specify:

• reporting requirements 
• limitations on the offender's ability to move to a new residential address
• the probation officer's authority to direct the offender, as required, not to:
  - reside at a specified address
  - engage in specified employment
  - associate with a specified person, persons or class of person
  - take part in needs assessments.

Legislative references: Sections 14 and 29 Parole Act 2002.

Length of standard conditions 

The following table outlines the:

• minimum period of time that standard conditions must be imposed on an offender released on parole
• the maximum period of time that they may be imposed.

Legislative reference: Section 29 Parole Act 2002.

Special conditions

The NZPB may impose special conditions on any offender released from prison on parole. Special conditions may only be imposed if they are designed to:

• reduce the risk of re-offending by the offender 
• facilitate or promote rehabilitation and/or reintegration of the offender\
• provide for the reasonable concerns of the victims of the offender.

Special conditions relating to the following factors may be imposed:

• the offender's place of residence, finances or earnings 
• participation in programmes 
• non-association with specified person/s 
• taking prescription medicine 
• prohibition from entering or remaining in specified places or areas
• electronic monitoring (EM) of compliance with any release conditions relating to the whereabouts of the offender.

Any offender with convictions for child sexual offending should have recommended conditions including non-association with children under 16 years without prior approval and non-association with victims.

Any condition related to taking prescription medicine can only be imposed if the offender consents, having been fully advised by a person qualified to prescribe that medication, about:

• the nature and likely or intended effect of it
• any known risks.

If the offender withdraws their consent, this is not a breach of conditions but recall may be considered if their risk to the community increases as a result of not taking their medication.

Legislative reference: Section 15 Parole Act 2002.

Length of special conditions 

Special conditions of parole may only be imposed for as long as, but no longer than, the standard release conditions that apply to the offender.

Legislative reference: Section 29 Parole Act 2002.

Determining proposed special conditions

It is the responsibility of the probation officer preparing the parole assessment report to determine any proposed special conditions and recommend these in the parole assessment report.

The NZPB is guided by the proposals in the parole assessment report when considering the imposition of special conditions of parole.

Proposed special conditions must reflect the rehabilitative and reintegrative needs identified in the offender's parole assessment report.

The sentence planner will determine which rehabilitative and reintegrative needs have been satisfactorily addressed in prison and will suggest which still need to be addressed post-release. The latter will be identified in the draft parole assessment report forwarded to CPPS, and should be addressed through the proposed special conditions.

Special condition wording 

Wording of proposed special conditions in the parole assessment report must be as specific as possible. When details of the special conditions such as programme titles and location are known and definite, they should be included in the wording of the special conditions.

The wording of special conditions should specify the following information:

• what is to be provided/undertaken 
• who will be involved in this 
• what will be required of the offender
• the timing.

Wording of the proposed special condition must accurately reflect the specific release proposal contained in the parole assessment report. If details of the release proposal are unknown or unable to be confirmed, then this should be stated clearly in the release proposal and be reflected in the wording of the special condition.

Conditions for psychological assessment and treatment

Probation officers must obtain endorsement from a psychologist before special conditions related to psychological assessment and/or treatment are proposed for a given offender.

Reference: For guidelines on the actual wording to use in proposed special conditions see  Wording of Special Conditions.

Extended supervision

If the offender is to be assessed for an ES order or an application is being made:

• consider recommending the maximum period of time conditions may be imposed (eg, up to 6 months beyond the offender's statutory release date)
• recommend special conditions in accordance with the offender's risk (as indicated by their eligibility for extended supervision).

Research in New Zealand and overseas has shown that high-risk child sex offenders' risk of re-offending remains constant over a long period of time following release from prison. This is quite different from other types of high-risk offenders, whose risk of re-offending is greatest in the period immediately following release from prison, but then reduces over time.

RR condition wording 

Proposed RR conditions must specify the RR address and the type and length of RR.

At times it may be appropriate to recommend a phased approach to RR to aid reintegration. This may include a schedule where the offender moves from RR at all times to RR at specified times to no RR.  When considering this appropriate is it important to specify the time recommended in each phase.