Purpose
The purpose of this PPM section is to:
- outline provisions for Release to Work under sections 62 and 63 of the Corrections Act 2004 and regulations 26 and 27 of the Corrections Regulations 2005;
- clarify the purpose, benefits and risks of Release to Work;
- outline the procedure to apply when considering a prisoner's eligibility and suitability for Release to Work; and
- outline the requirements to document and report on the processes and procedures.
This PPM section constitutes a Chief Executive's Guidelines in accordance with the section 196(1)(a) of the Corrections Act 2004.
Release to Work is a form of temporary release. For further information on other types of temporary release, refer to PPM A.09.01.R1 Temporary Release to assist reintegration or rehabilitation.
This PPM section must also meet the requirements of all other relevant legislation, regulations, relevant Department of Corrections' policies, and such other instructions as may be issued by the Chief Executive from time to time.
Purpose of Release to Work
Sections 62-63 and regs: Regulations 26 and 27 of the Corrections Regulations 2005 provide for the temporary release from custody of prisoners for the purpose of undertaking paid employment (including self-employment). This is known as "Release to Work".
Release to Work is provided for under sections 62, 63, 66, 67 and 68 of the Corrections Act 2004.
- Release to Work is a key component of prisoner employment.
- Prisoners enter the prison system on a continuum of skill and work experience.
- At one end of the continuum prisoners will have no history of work or qualifications while at the other end other prisoners will have long standing work histories and be well qualified.
- Prisoners, through their sentence, may need to develop a positive work ethic, new skills, and qualifications. Prisoners do this through participation in education, CIE industries, or trade and technical training.
- No matter where the prisoner enters the continuum of work experience and skill level, the ideal is for all prisoners to participate in the Release to Work scheme if they are eligible or potentially eligible.
- Release to Work is an important tool to assist prisoner reintegration post-release.
- It helps to cement the prisoner in the community, and in work, and thereby reduces re-offending.
- It also provides an opportunity for the prisoner to pay fines and reparation.
- Accordingly, the ideal Release to Work situation is one where the prisoner is able to sustain the employment post-release.
In summary, Release to Work has the following benefits for prisoners and the community:
Prisoner benefits:
- develop, maintain or re-establish work skills and habits;
- establish post-release employment and make contact with the wider community; and
- save money for re-establishment on release.
Wider benefits:
- requires prisoners to make a financial contribution towards the costs associated with their imprisonment (Prisoner's earnings are managed under Sections 67 and 68 of the Corrections Act 2004.);
- make payment towards any reparations or fines; and
- prisoners engaging in sustainable post-release employment are less likely to re-offend.
Purpose of temporary release from custody
Section 62(2)(a) and (b) and reg. 27(b): A prisoner who is eligible to be temporarily released from custody under section 62(2)(a) may be temporarily released for the purpose of undertaking paid employment (including self-employment) pursuant to regulation 27(b) of the Corrections Regulations 2005.
The temporary release must, in the Chief Executive's opinion, facilitate one or more of the following objectives:
- the prisoner's rehabilitation and their successful reintegration into the community;
- the compassionate or humane treatment of the prisoner or their family; or
- furthering the interests of justice.
Under section 62(2)(b) a prisoner may also be temporarily released in any circumstances that are, in the Chief Executive's opinion exceptional, and that will facilitate the achievement of one or more of the foregoing objectives.
Duration and frequency of Release to Work
Guideline: The powers to approve Release to Work, to set the duration and frequency for Release to Work, and to also set any additional conditions as are considered necessary, have been delegated by the Chief Executive to staff in the Prisons Service (see section A.09.02.R1 for the approval levels).
Note: Release to Work need not be limited to a single period.
Multiple periods of Release to Work may be approved with the same or different employers.
Short Description
Release to work (RTW) is designed to assist prisoners in their reintegration by maintaining, developing or re-establishing work skills and habits; providing contact with the wider community; and providing the opportunity to save money for re-establishment on release.
In addition, it assists in prisoners making a financial contribution towards the costs of imprisonment directly, through:
- The payment of managing Release to Work, indirectly through family support in respect of spouse or other dependants; and,
- Paying any reparation or other compensation lawfully directed or authorised.
RTW does not include any of the following:
- Educational, vocational and life skills programmes aimed at developing future employment skills.
- Unpaid community or voluntary work by individual prisoners.
Note: Prisoner's earnings are managed under Section 67 and 68 of the Corrections Act 2004.
Eligibility of prisoners
Regulation 26 of the Corrections Regulations 2005 provides that only the following classes of prisoners are eligible to be considered for Release to Work under a temporary release from custody:
- Prisoners, not being service prisoners, sentenced to imprisonment for a term of more than 24 months (including life imprisonment and preventive detention) who have reached their parole eligibility dates under section 20 of the Parole Act 2002, and:
- who are assigned security classifications that reflect the lowest level of risk category (low internal risk; low external risk); or
- who are assigned security classifications that reflect the second lowest level of risk category (low internal risk; high external risk) and who have been directed by the Parole Board to be released on parole under section 28 of the Parole Act 2002.
- Prisoners, not being service prisoners, who were sentenced to imprisonment for serious violent offences prior to 1 July 2002 who:
- are not eligible for release on parole but whose final release dates are within the next 12 months; and
- are assigned security classifications that reflect the lowest level of risk category (low internal risk; low external risk).
- Prisoners, not being service prisoners, sentenced to imprisonment for a term of 24 months or less who are assigned a security classification that reflects the lowest level of risk category (low internal risk; low external risk).
Note:
- A "service prisoner" means a service prisoner as defined in section 2(1) of the Armed Forces Discipline Act 1971.
- A "serious violent offence" has the same meaning as in section 2(1) of the Criminal Justice Act 1985.
Eligibility for Release to Work was extended to include prisoners with an imposed sentence of six months or less, subject to the prisoner completing quarter sentence imposed and meeting all other eligibility and suitability criteria.
Prisoners sentenced to imprisonment for a term of 24 months or less are eligible for Release to Work after serving one quarter of their imposed sentence. Remand days served by these prisoners are to be counted as time served.
For example:
A prisoner is sentenced to 12 months imprisonment which commences on 01 October 2007. The prisoner has served 20 remand days prior to their sentence commencing.
If remand days were not included, the prisoner would become eligible for Release to Work on 01 January 2008, after one quarter of the imposed sentence (3 months). However, the PPM Section A.09 intends that remand days are counted. Consequently, taking into account the 20 remand days the prisoner has already served, the actual eligibility date for Release to Work is 12 December 2007.
Please note that the date of eligibility of a prisoner for Release to Work is only that. Prisoners need to fulfil all other requirements (such as risk mitigation) to be deemed suitable and subsequently approved for Release to Work.
Eligibility Criteria
All offenders sentenced by the court to a term of imprisonment are eligible to be considered for Release to Work if they meet the set criteria.
Entry Criteria
Applicants must:
- Meet the conditions, restrictions and requirements outlined in the PPM A.09.02 regarding Release to Work.
- Comply with the Sentence Plan objectives.
- Have already been involved with prisoner employment.
- Sign a contract agreeing to comply with specified conditions and requirements for Release to Work.
Retention Assessment Criteria
To remain in Release to Work offenders prisoners are required to:
- Remain drug free and submit to drug tests when requested to do so.
- Behave in a responsible and cooperative manner.
- Comply with the terms of their Release to Work contract.
- Comply with their Sentence Plans.
- Meet the requirements of their employment.
Exit Criteria
The service ceases when the prisoner:
- Voluntarily requests removal from the Release to Work.
- Is removed from Release to Work by prison management because of a breach of contract, safety or disciplinary reasons, or a review of security classification.
- Is released or has died.
- Has lost his or her job.
- The employer is found to be no longer suitable for Release to Work placements.
Service Outcome
Prisoners who attend Release to Work are able to:
- Demonstrate work skills and habits that will assist them after release to find or continue, and then maintain employment.
- Demonstrate a work record and job experience.
- Save money that will assist re-establishment upon release.
- Interact with the wider community.
The Department’s overarching goal is to reduce re-offending.
Service Delivery Measures
The key measures for determining service levels and for the Department’s external reporting are:
- Number of hours worked by prisoners undertaking release to work.
- All participants undertaking Release to Work activities meet the eligibility criteria in PPM and the Sentence Management Manual.
Units of Purchase
- Employment hours
- Number of prisoners on release to work.
Local Instructions
- Each region has local information packs or business rules designed to assist CIE and PS staff in managing a prisoner through a Release to Work application.
- Each region has a local form, A.09.02.F2 Release to Work Checklist, to assist CIE and PS staff in applying Release to Work information or business rules at a local level.
Key Roles and Responsibilities
Case officer
- Identify prisoners eligible for RTW.
- Initiate RTW application.
- Prepare the Authority for Release to Work form.
- Forward complete application to CIE for processing.
PCO
- Review application.
- Enter information into RTW database.
- Inform Unit Manager.
CIE RTW Case Manager
- Identifying and nominating employers.
- Place prisoner.
- Seek approval from Prison Manager for prisoner applications.
- Create and maintain RTW file and file notes for each prisoner.
Prison Manager / Manager Custodial Systems
- Approve and decline RTW applications.
