Purpose
To provide a procedure for PS staff to follow on reporting to the NZPB, when NZPB recommendations can not be actioned by PS.
Background
PS recognises that NZPB recommendations should, where ever possible, be given effect with due priority.
Policy Standard
The Department will implement the NZPB's recommendations where possible or practicable subject to resources available or legislative constraints including instructions issued under s196 of the Corrections Act 2004.
In the event where it is not possible to action NZPB recommendations, or where there is an explicit decision not to, then this will be explained to the NZPB.
This explanation will be in writing and in sufficient detail so as to avoid any potential tension that could otherwise be created by perceptions of deliberate inaction.
Procedure
In the event of PS needing to inform NZPB of any non-action of the NZPB recommendations, outside of the normal pre-release process and Parole Assessment Report production, the following procedure will be followed:
- As soon as it has become apparent that the NZPB recommendations cannot be actioned, PS shall inform NZPB via a Subsequent Parole Assessment Report with comprehensive reasons why.
- Initial responsibility for determining that NZPB recommendations cannot, or will not be actioned shall rest with the Principal Corrections Officer (PCO) of the prisoner’s unit.
- The PCO of the prisoner’s unit shall email a formal internal memo to the Sentence Planning PCO detailing the situation with regards to the NZPB recommendations. Unit Manager to be included in the email.
- The memo shall be addressed to the NZPB and written by the PCO as if they were writing directly to the NZPB and should contain the following information:
- Prisoner details.
- Date and location of the prisoners last NZPB hearing.
- Summary of NZPB recommendations.
- Description of recommendation(s) that PS cannot / will not action.
- Detailed reason(s) for non-action of recommendation(s).
- Proposals for alternate courses of action to be considered by the NZPB (if feasible).
- The contents of the memo will be considered by the Sentence Planning PCO.
- If the memo does not meet the requirements listed in point 4 (above), then the memo will be returned to the prisoner’s PCO / UM for further clarification.
- Once the memo is finalised the Sentence Planning PCO will forward the memo to the Manager Assessment Centre (MAC) making them aware of the situation and the proposed response to NZPB.
- The MAC will provide a quality assurance role and will provide authorisation for the contents of the memo to be entered onto IOMS.
- A subsequent Parole Assessment Report will be activated on IOMS by the Sentence Planning PCO ensuring that the previous report has been copied over. Therefore the Sentence Planning PCO should select yes to the question “Do you want to copy previous report”.
- The Sentence Planning PCO will then enter the contents of the memo into the Subsequent Parole Assessment Report under the heading ‘Progress made against recommendations’.
- The last sentence of this section will contain the standard wording of “All other information in this report pertains to the prisoner’s appearance on (specified date). The purpose of this memo is to inform NZPB that all or part of the recommendations made by the NZPB cannot be actioned by PS. Therefore this report has not been sent to CPPS.”
- There will be no requirement to have the Manager Custodial System (MCS) or the prisoner to sign the Subsequent Parole Assessment Report but the prisoner should be made aware verbally by the PCO / Case Officer that the recommendations cannot be met.
- If the prisoner requests a copy of the Subsequent Parole Assessment Report then the prisoner can request this in writing to the PCO for this document to be copied from his / her file.
- As the purpose of this Subsequent Parole Assessment Report is to provide the reasons why PS cannot action the recommendations made by NZPB, it is not necessary to send this document to CPPS.
- The Subsequent Parole Assessment Report shall be sent via IOMS to NZPB within 10 working days of the Sentence Planning PCO receiving the finalised emailed memo from the prisoner’s unit PCO. The Sentence Planning PCO will notify the Board administrator that the memo is on IOMS.
The information sent to NZPB may assist in future NZPB decision making processes and inform NZPB members of relevant PS sentence management policy and procedure.
It is not proposed that this information is used to change a NZPB recommendation retrospectively in the absence of the prisoner. If NZPB wish to re-consider their recommendations then a future appearance by the prisoner before the NZPB will be organised as normal.
Refer to Related Links to access the Flowchart NZPB Make Recommendation(s)
