Purpose
The purpose of PPM Section A.09 is to outline:
- the provisions for temporary release from custody.
- the procedure to apply for temporary release from custody.
- the requirements to document and report on the processes and procedures.
- the legislative provisions regarding temporary releases and additionally constitutes Chief Executive's guidelines in accordance with section 196(1)(a) of the Corrections Act 2004.
Purposes of temporary release from custody
A prisoner who is eligible to be temporarily released from custody under section 62 may be released for any of the purposes specified in regulation 27(a) to (v) 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.
- Furthering the interest 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.
For ease of reference, temporary release from custody has been grouped under the following headings:
- to assist reintegration or rehabilitation
- for compassionate reasons
- for medical or other treatment / care purposes
- to assist Police
Duration of temporary release from custody and conditions
Section 63(1) and (2): A temporary release must be approved for a period fixed by the Chief Executive (or his delegate).
The Chief Executive (or his delegate) may also impose conditions on a temporary release.
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 temporary release from custody. Escape from temporary release from custody
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 the expiry of the approved period for temporary release, or after a direction from the Chief Executive or a prison manager to return to a prison, or after the person breaches any temporary release condition.
Note: The condition must relate to a requirement to stay at any place or within any geographical area, or to stay with a particular person or group, or to attend a particular programme or course. (Section 63(3) and (4)).
Eligibility of prisoners
Regulation 26(1) of the Corrections Regulations 2005 provides that only the following classes of prisoners are eligible to be considered for 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).
- Prisoners whose releases are required for the purpose specified in regulation 27(u) and who consent to being released for that purpose. (Regulation 27 (u) of the Corrections Regulations 2005 refers to assisting the police in relation to the prevention, investigation, and detention of offences).
- Prisoners who releases are required for the purpose specified in regulation 27(v). (Regulation 27(v) of the Corrections Regulations 2005 refers to enabling the police to exercise powers under section 57 of the Police Act 1958 in connection with the laying of charges).
Notes:
- 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 regarding s105 of CJA 1985 / s107 of PA 2002
Prisoners who are subject to orders under section 107 of the Parole Act 2002 (PA) or to orders under section 105 of the Criminal Justice Act 1985 (CJA) may be considered for temporary release if the New Zealand Parole Board (NZPB) has recommended a temporary release.
Prisoners on temporary release
Prisoners whom are attending air terminals to pick up pre-booked air flight tickets for an approved home leave or compassionate leave journey must have the following:
- A letter of introduction on official Department letterhead from the originating prison, which contains and must be limited to the disclosure of the following information:
- Prisoners full name;
- the proposed travel destination; and
- a current photograph.
The temporary release documentation normally provided to prisoners in these cases cannot be used to facilitate this identification requirement as they disclose too much personal information concerning the prisoner.
Policy Standard
- Other than in an emergency a temporary release is managed as part of a prisoner's sentence plan, and in accordance with statutory requirements and the Policy and Procedures Manual.
- The planning and approving of release to work activity must be managed as part of a prisoner's sentence plan.
Performance Standards
- Sufficient and accurate information is provided on a prisoner's temporary release / release to work application to enable an accurate decision to be made on whether or not the application should be approved.
- A prisoner's temporary release / release to work application must be responded to promptly and managed in a way that reflects the urgency of the application.
- Applications for temporary release to work are submitted for processing in accordance with the timeframes specified in PPM A.09.02.R3.
- When considering any application for temporary release / release to work the approving authority shall refer to the matters specified in PPM A.09.01.R2 and A.09.02.R2.
- The data for a release to work application should be re-entered on IOMS every 14 days (fortnight).
- A copy of the completed application form, including the decision reached with reasons provided, is placed on the prisoner's file along with any reports provided to assist consideration of the application.
- The sponsor is notified in writing of any arrangements and conditions of the temporary release / release to work and what action to take if the prisoner's behaviour gives cause for concern.(A.09.01.F3b)
- A new release to work application should be entered in IOMS upon any variation to sponsor details or special conditions. (A.09.01.F1A)
- The prisoner is advised of any reasons for the decline, approval or any variation from his or her temporary release / release to work application.
- Applications that require Regional Office approval must be submitted and received in sufficient time to allow for applications to be processed within 14 working days of a prisoner's application being received by the prisoner's Unit Manager.
- Requests for Regional Office approval must be made on the A.09.01.F2 and A.09.01.F3a forms.
- Before approving a temporary release application for any high profile prisoner Service Support / Operations must be consulted.
- A prisoner who has been approved a temporary release to a district remote from the prison in which they are held, may first be transferred to the prison nearest to the temporary release location, where this is considered appropriate.
- Every effort is made to ensure that the prisoner is aware of and clearly understands the conditions attached to any approved application, prior to the commencement of any period of temporary release.
- The licence for temporary release from custody (A.09.01.F5) is to be issued to, and signed by, the prisoner prior to the temporary release / release to work, and a copy of the licence is to be placed on the prisoner's file.
- The prisoner must carry this document with him or her at all times during the duration of the temporary release and must be able to produce it at any time.
- Temporary releases to the police for remand prisoners should not be entered on IOMS but completed in paper form only.
- The length of time for a temporary release is recorded in hours by way of a number only, unless a prisoner is attending a residential programme then both a number and "w" representing weeks should be entered on IOMS.
- Procedures are in place to record the departure, return and any incidents relating to a prisoner on a temporary release / release to work.
- A prisoner's behaviour on a temporary release must be monitored for compliance to the conditions imposed, either during the temporary release and / or upon the prisoner's return.
- Prisoners approved for release to work may be scanned and / or rubdown searched, and may be strip-searched, both immediately before leaving the prison and on return to the prison, for the purpose of detecting any unauthorised item.
- Planning and approving release to work is managed as part of a prisoner's sentence plan.
- Prison Managers are required to supervise prisoners on release to work and ensure that conditions are complied with, including random visits to work places where practicable and necessary.
- Complaints by prisoners about a decision of an authorised staff member on a temporary release application may be made by them directly to an Inspector of Corrections.
- Complaints received from prisoners by prison staff, must be forwarded to an Inspector of Corrections within 7 calendar days.
- This complaints process does not restrict a prisoner’s right to complain directly to the Office of the Ombudsmen.
- Under section 182 of the Corrections Act 2004 offender information may be disclosed by the Department to the Commissioner of Police.
- The disclosure must be in accordance with arrangements between the Commissioner of Police and the Chief Executive and
- The Chief Executive may disclose the following information to the Police:
- the date of the temporary release and the place from which the person was released.
- the conditions of the person’s temporary release (whether imposed on release or imposed subsequently).
- The information must be supplied using the form A.09.01.F1 Notification to the Police of a Temporary Release from Police Custody.
- Where a victim notification request is active against a prisoner, the victim must be advised if all impending temporary releases in accordance with PPM A.15 Victim Notification.
