Section 62(3) of the Corrections Act 2004 provides a framework that requires the Department to consider whether the prisoner's release would pose undue risk to the community, how risk could be mitigated, the benefits of release and sentence integrity. The framework requires consideration and balancing of these competing objectives.
The focus for Release to Work is one of risk identification and mitigation. Decision makers should identify all risks, and identify appropriate measures to address those risks. Decisions should be made following the framework set out in the Release to Work application form.
The following outlines the legislation, the purposes of the provisions and the Department's guidance governing the application of the legislation. The guideline, which is derived from legislation, focuses on risk identification, risk management, identification of benefits and sentence integrity.
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.
Legislative criteria: Whether the release might pose an undue risk to the safety of the community while the prisoner is outside the prison.
Purpose: This provision requires that decision makers identify the risk of offending while on release, and consider whether the risk is an undue risk. Risk to the community is identified based on.
Guideline:
Legislative criteria: The extent to which the prisoner should be supervised or monitored while outside the prison.
Purpose: Following consideration of the prisoner's risk to the safety of the community, this provision requires consideration of whether and how identified risk can be mitigated through supervision, monitoring and imposing release conditions.
Guideline: Any risk identified must be mitigated where possible through supervision, monitoring, and / or imposing general or specific release conditions.
Note: As a guide, prisoners who require extensive supervision and monitoring are unlikely to be suitable for Release to Work.
Legislative criteria: The benefits to the prisoner and the community of release in facilitating the reintegration of the prisoner into the community.
Purpose: To balance risk, this provision requires the identification of benefits to both the prisoner and the community in terms of reintegration for participation in Release to Work.
This is important as participation in employment has been linked to a reduced risk of re-offending.
Guideline: The default assumption is that Release to Work will assist all prisoners' resettlement and integration into the community.
The benefits of most releases will be the development and / or maintenance of skills and work ethics.
Ideally, a release will:
Legislative criteria: Whether Release to Work would undermine the integrity of any sentence being served by the prisoner.
Purpose: Integrity of sentence is about the length of time served in the wire relative to the length of sentence.
Guideline: As a guide, sentence integrity is met if the prisoner meets the regulated eligibility criteria for Release to Work and:
Guideline: There are three mechanisms through which the safety of the public can be managed when prisoners are released to work in the community.
They are:
Guideline: All risk factors identified in the decision process must be assessed and, if possible, mitigated by either the standard conditions or by further mitigation conditions. In most cases, if the risk cannot be mitigated or managed, the prisoner will not be suitable for Release to Work.
However, if the parole board has requested Release to Work or if the prisoner is so close to release that the benefits of Release to Work would outweigh the assessed risks, a prisoner may be determined suitable for Release to Work.
Guideline: In order to identify all factors for Release to Work approval, the following sources must be considered:
Guideline: Written instructions in a release licence must be issued to the prisoner (with a copy to the employer) by the Prison Manager (through CIE staff) specifying that the release be for the purpose of the agreed work only.
The instructions are to specify the conditions relating to the movement of the prisoner to their place of employment, movement back to the prison, supervision during the working day and such other conditions as may be considered necessary to ensure that the purpose and requirements of the Release to Work are met.
CIE staff must ensure that both the employer and the prisoner fully understand these conditions, with the employer signing the instructions document to indicate they understand the conditions and to acknowledge receipt of a copy of the instructions. The Prison Manager must approve any variation to the agreed conditions.
Guideline: Prisoners on Release to Work must be in an employment position where they are under reasonably constant supervision (this means they are generally in sight of the employer except for short periods, for example toilet breaks or the employer is called away for brief periods).
Where the nature of the work requires complete or periods of unsupervised work activity (for example, where a prisoner initially reports to work but then works sole charge offsite; for example plumbing, electrical or other contracting / labouring), or where the prisoner intends to be self-employed, the Prison Manager or the Manager Custodial Systems needs to obtain the authorisation for the Release to Work from one of the following: Regional Operations Manager, Regional Manager, Manager Service Support, Assistant General Manager Operations or General Manager Prisons Service.
Section 63(2) and Guideline: CIE staff must stay in ongoing contact with the employer and monitor Release to Work, and ensure that conditions are complied with, including random visits to work places, where practicable or necessary, or telephone contact with the prisoner at the place of work on a regular basis.
CIE must set in place adequate feedback and monitoring systems to ensure that the supervision is being carried out effectively.
CIE staff must give regular feedback on Release to Work placements to the responsible Prison Manager.
If the Prison Manager has any concerns about a prisoner’s behaviour, the Prison Manager should direct the prisoner to return to prison.
Guideline: Conditions must be imposed on all releases to work to forbid the consumption of alcohol and the use or possession of drugs (excluding medicines prescribed by a medical officer to the prisoner).
It is important to note that this does not preclude the prisoner being employed on licensed premises for Release to Work (with the exclusion of public bars or hotels).
If the prisoner is to be employed in licensed premises such as supermarkets or cafes, the prisoner may come into contact with alcohol. In this case mitigating conditions, in accordance with the risk mitigation framework, must be put in place to negate the likelihood of the prisoner breaching conditions.
Each prisoner must be assessed individually for alcohol or drug-related risk factors. For instance, an untreated alcoholic should not be employed on licensed premises, regardless of any mitigation put in place.
Placements must be appropriate to the workplace.
Guideline: Conditions should be imposed on a prisoner approved for Release to Work that reduce the risk of the prisoner making contact with any person or persons who have a protection or restraining order in which the prisoner is the respondent.
Guideline: There is no prohibition for prisoners approved for Release to Work to work for an employer on departmental property. However, Prison Managers need to carefully consider such job opportunities before approval for Release to Work is given and impose appropriate conditions where necessary.
The key issues in terms of Release to Work prisoners working on prison grounds are risk management and security.
In approving Release to Work applications that involve work on departmental property, Prison Managers must ensure that the work to be undertaken and the area to be worked in, do not compromise security and safety.
Particular care needs to be taken that Release to Work prisoners working on departmental property do not gain knowledge of security measures or operations, or are able to view structural designs that may pinpoint ‘weak spots’ that might enable, or assist escape attempts, or allow the deposit or exchange of unauthorised items.
Guideline: Conditions should be imposed on all prisoners authorised for Release to Work that include the requirement for the prisoner to adhere to any non-association orders or conditions imposed at sentencing, or such other similar conditions as are appropriate, such as non-association and non-involvement with known criminals and / or gangs. These matters must be assessed as part of the application process for Release to Work.
Conditions should also be imposed to reduce the risk that prisoners make contact of any kind with their victim(s), unless the victim(s) has specifically agreed in writing prior to the prisoner commencing Release to Work.
Guideline: Where no public transport is available, or prisoners work a significant distance from the prison, CIE or the prison may arrange transport.
This may include, but is not limited to:
These options may be more appropriate for groups of prisoners who are working in the same, or close geographic areas. The prison may charge a reasonable fee for the cost of providing transport, which can be paid from the prisoner’s earnings.
Where no transportation (or public transport) can be arranged, and the prisoner’s participation in Release to Work is an important part of their reintegration, a prisoner may apply to drive to and from work.
In approving a prisoner driving a motor vehicle, Prison Managers must ensure that:
Guideline: If a prisoner is charged with breaching conditions while on Release to Work, immediate action must be taken.
In general the prisoner’s Release to Work should be suspended, unless there are exceptional circumstances.
The Manager Custodial Systems or Prison Manager will make a decision as to whether the placement should continue while an investigation is underway.
Any disciplinary action will take place separately, but should be taken into account when considering the ongoing viability of a Release to Work placement.
If the prisoner is removed from Release to Work, they will be eligible to re-apply following the completion of any disciplinary action.
Sentence Planners should work with these prisoners to address the reasons for the breach and prepare them for Release to Work. Note that any breaches will need to be considered as part of the prisoner’s application.
Section 63(1): Release to Work is for a period fixed by, and may be subject to conditions imposed by, the Chief Executive, or by persons to whom this power has been lawfully delegated by the Chief Executive (as per regulation 26 of the Corrections Regulations 2006).
Section 63(2): A Prison Manager or the Chief Executive (or their delegates) may at any time direct the return to a prison of a prisoner who is on Release to Work.
Section 63(3) and (4): A prisoner is deemed to have escaped from lawful custody if he or she is at large without reasonable excuse (the proof of which excuse lies on him or her) after