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.
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.
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.
Guideline: The procedure for an application for temporary release from custody is to be completed in the following sequence:
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.
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.
Reg. 26 and Guidelines: The following table summarizes who is eligible to be considered for temporary release from custody.
|
Sentence / Purpose |
Stage of Sentence |
Security Classification |
NZPB Direction |
|
>24 months |
Reached parole eligibility date |
AA |
NA |
|
>24 months |
Reached parole eligibility date |
AB |
Specified Release Date |
|
24 months or less |
NA |
AA |
NA |
|
Sentenced to serious violent offence prior to 01.07.02 |
Not eligible for release on parole but final release date within next 12 months |
AA |
NA |
|
Release to Police under reg. 26(1)(d) (prisoner consent required) and reg. 26(1)(e) |
NA |
NA |
NA |
Guideline: The following table shows who (under the Chief Executive’s delegations) can approve temporary release from custody for certain categories of eligible prisoners.
In order to be eligible, a prisoner must, in the first instance, meet the eligibility requirements summarised in the table above.
|
Category |
Security Classification |
Delegation |
|
| a | Prisoners sentenced to 24 months imprisonment or less who have served at least 6 months of the sentence. | AA | Managers Custodial Systems / Assistant Prison Managers / Prison Managers |
| b | Prisoners sentenced to 24 months imprisonment or less who have not served at least 6 months of the sentence. | AA | Managers Custodial Systems / Assistant Prison Managers / Prison Managers |
|
c |
Prisoners sentenced to a determinate sentence of more than 24 months imprisonment who are within 12 months of their release date***. Careful consideration must be given to setting conditions for reporting by prisoners sentenced for:
|
AA |
Managers, Custodial Systems / Assistant Prison Managers / Prison Managers |
|
d |
Prisoners sentenced to a determinate sentence of more than 24 months imprisonment but not within 12 months of their release date, and prisoners serving life imprisonment or preventive detention. Careful consideration must be given to setting conditions for reporting by prisoners sentenced for:
|
AA |
Regional Operations Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
|
e |
Prisoners sentenced to:
where the New Zealand Parole Board has directed release on parole on a specified date and recommends temporary release. |
AA |
Prison Managers / Assistant Prison Managers / Managers Custodial Systems |
|
f |
Prisoners sentenced to:
where the New Zealand Parole Board has not directed release on parole on a specified date but recommends temporary release. |
AA |
Regional Operations Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
|
g |
Prisoners:
Conditions may be set for reporting. |
AB |
Regional Operations Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
|
h |
Prisoners:
Conditions may be set for reporting. |
AB |
Regional Operations Managers / Regional Managers / Manager Service Support/ Assistant General Manager Operations / GMPS |
|
i |
Prisoners subject to orders under section 105 of the Criminal Justice Act 1985 or section 107 of the Parole Act 2002. Conditions may be set for reporting. |
All security classifications |
Regional Operations Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
|
j |
Those not covered under (a) to (i) as well as:
|
|
Regional Operations Managers / Regional Managers / Manager Service Support / Assistant General Manager Operations / GMPS |
* "non-violent offence” means a conviction for any offence other than one listed as a violent offence below.
** “violent offence” means a conviction for any one of the following offences:
*** “release date” is to be interpreted in terms of either [A] OR [B] below:
[A] the final release date (FRD) or parole eligibility date (PED), which-ever is the sooner, for those sentenced before 30 June 2002; OR
[B] the statutory release date (SRD) or two thirds of the sentence having been completed or the New Zealand Parole Board has recommended Temporary Release, which-ever is the sooner, for those sentenced after 30 June 2002.