Sections 62 and 63: The Chief Executive may authorize the temporary release from custody of a prisoner in accordance with sections 62 and 63 of the Corrections Act 2004.
The Chief Executive’s powers under these sections may be delegated.
Authority for approval
Sections 62 and 63: Any decisions relating to temporary release must only be made by the Chief Executive or by persons to whom this power has been lawfully delegated by the Chief Executive.
Authority to decline applications
Reg. 27 and section 62(2)(a) and (b): A prisoner’s application for a temporary release can only be approved or declined by the Chief Executive or his delegate.
Procedure for approval of a temporary release
Guideline: The procedure for an application for temporary release from custody is to be completed in the following sequence:
- PS to complete the Temporary Release Application Details form. (A.09.01.F1A) (IOMS)
- PS to complete the ‘checklist’ screen/tab on IOMS.
- PS (or CPPS) to complete the ‘sponsorship verification’ form. (A.09.01.F4) (PPM / IOMS)
- PS to complete the licence screen/tab on IOMS (including conditions).
The above forms 1, 2, & 3 should be submitted to appropriate PS staff well in advance of the proposed date for temporary release.
This is in order for written advice to be able to be sent to any registered victim(s) of the prisoner (should the application be approved, subject to conditions) at least 10 working days prior to the date that the temporary release has been approved for.
Applications can be processed in advance
Guideline: A prisoner may apply for a temporary release at any time within the six weeks before he or she becomes eligible to be considered for temporary release.
Prison Managers should ensure so far as possible that a prisoner is aware of when they will become eligible to apply for a temporary release.
The six weeks allows time for any necessary background checks to be undertaken and advance approval to be obtained pending the prisoner’s eligibility date. Any such approval may be revoked by the approving officer if necessary.
If an application is not approved, and the prisoner requests the application be reconsidered after the date they become eligible for temporary release, then the application should be reconsidered.
Eligibility for, and approval levels for temporary release
Reg. 26 and Guidelines: The following table summarizes who is eligible to be considered for temporary release from custody.
Prisoners, not being service prisoner (as defined in section 2(1) of the Armed Forces Discipline Act 1971) are eligible to be considered for temporary release from custody, if sentenced to:
|
Sentence / Purpose
|
Stage of Sentence
|
Security Classification
|
NZPB Direction
|
|
1
|
24 months or less Reg 26(1) (b) |
NA
|
Minimum
|
NA
|
|
2
|
>24 months Reg 26(1) (i) includes Life and PD |
Reached parole eligibility date
|
Minimum
|
NA |
|
3
|
>24 months Reg 26(1) (ii) includes Life and PD |
Reached parole eligibility date
|
Low
|
Specified Release Date
|
|
4
|
Sentenced to serious violent offence prior to 01.07.02 |
Not eligible for release on parole but final release date within next 12 months
|
Minimum
|
NA
|
|
5
|
Release to Police under reg. 26(1) (d) (prisoner consent required) and reg. 26(1) (e) |
NA
|
NA
|
NA
|
Approval levels for categories of eligible prisoners
|
Category
|
Security Classification
|
Delegation
|
| 1 |
Prisoners sentenced to 24 months imprisonment or less. |
Minimum |
Managers Custodial Systems / Assistant Prison Managers / Prison Managers |
| 2 |
Prisoners sentenced to determinate sentence of more than 24 months imprisonment or prisoners serving life imprisonment or preventive detention and has reached Parole Eligibility Date. |
Minimum |
Assistant Regional Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
|
3
|
Prisoners sentenced to determinate sentence of more than 24 months imprisonment or prisoners serving life imprisonment or preventive detention; has reached Parole Eligibility Date and the New Zealand Parole Board has directed release on parole on a specified date.
|
Low
|
Managers, Custodial Systems / Assistant Prison Managers / Prison Managers
|
|
4
|
Prisoners sentenced to a term of imprisonment for serious violent offence** (Prior to 01/07/02) who are not eligible for release on parole but are within 12 months of their release date***.
Careful consideration must be given to setting conditions for reporting by prisoners sentenced for:
- a violent offence*; or
- any offence of actual or threatened violence; or
- any sexual offence including incest.
|
Minimum
|
Managers Custodial Systems / Assistant Prison Managers / Prison Managers
|
|
5
|
Temporary release to police
|
N/A
|
Assistant Regional Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS
|
|
6
|
Prisoners meeting Regulation 26 of the Corrections Regulations 2005 criteria but subject to orders under section 105 of the Criminal Justice Act 1985 or section 107 of the Parole Act 2002 and if the New Zealand Parole Board has recommended temporary releases.
|
Minimum / Low
|
Assistant Regional Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS
|
* Violent offence
Means a conviction for any one of the following offences: sexual violation (These are as detailed in the Offence Codes issued by the NZ Police under the heading "Sexual Violation". Manslaughter, attempt to murder, murder, wounding with intention to cause grievous bodily harm, wounding with intent to injure, injuring with intent to cause grievous bodily harm, injuring with intent to injure, using a firearm against a law enforcement officer, etc, commission of crime with firearm, robbery, aggravated robbery.
** "Serious violent offence”
Has the same meaning as in section 2(1) of the Criminal Justice Act 1985, and means a conviction for any one of the following offences:
- sexual violation (These are as detailed in the Offence Codes issued by the NZ Police under the heading "Sexual Violation".
- manslaughter
- attempt to murder
- murder
- wounding with intention to cause grievous bodily harm
- wounding with intent to injure
- injuring with intent to cause grievous bodily harm
- injuring with intent to injure
*** "release date"
- the final release date (FRD) for those sentenced before 30 June 2002, and
- the SRD (statutory release date) for those sentenced after 30 June 2002.
