Parole

I

n Queensland, and every other jurisdiction in Australia, a significant part of the sentencing process is Parole.

 

Parole is a form of supervised, conditional release that allows prisoners to serve the remainder of their sentences in the community, rather than prison. Parole is designed to assist prisoners gradually reintegrate into society, under supervision.

 

Parole is a system that operates by relying upon the following key aspects:

Supervision

• Regular meetings with parole officers;
• Monitoring of activities and behaviour;
• Provision of necessary support with rehabilitation and reintegration.

Conditions

A person subject to parole must adhere to strict rules set by the Parole Board. Some of the common standard conditions include:

 

• Complying with parole until your custodial end date;
• Not committing further offences;
• Complying with a curfew;
• Reporting as directed to Community Corrections;
• Drug and/or alcohol testing;
• Attendance upon counselling/programs;
• Residing at an approved address;
• Not contacting certain people;
• Employment requirements;
• Travel restrictions;
• Complying with an electronic monitoring device; and
• Domestic violence conditions.

Purpose

• Assist prisoners transition back into the community;
• Reduce risk of reoffending;
• Provide support and supervision;
• Allow for rehabilitation whilst maintaining public safety;
• Significantly more cost-effective than imprisonment.

Duration

• Continues until the end of the original sentence;
• Can be suspended or cancelled if conditions are breached.

Different to full release

• Not the same as completing sentence;
• Remain under correctional supervision;
• Must comply with conditions;
• Parole can be suspended and a person can be returned to prison for breaches.

What is the Parole Process in Queensland?

Prisoners must serve their non-parole period before being eligible to apply. The sentencing court determines what the ‘non-parole’ period will be. In certain circumstances, the court may release a person to parole immediately, without serving any actual prison time.

 

A person sentenced to imprisonment for “life” must serve a minimum of 15-20 years (depending on the offence) before being eligible to apply for parole.

 

Some serious violent offenders may have different eligibility requirements.

Application Process

Parole application forms must be submitted to the Parole Board Queensland. If prisoners are submitting their own applications, they can provide their applications to Queensland Corrective Services, who will forward the application to the Parole Board.

 

Applications should be submitted 6 months before a prisoner’s eligibility date, to allow for the usual delays in the processing of applications.

Parole Board considerations

The parole board generally considers the following matters when considering whether a person is suitable to be released to parole:

 

• Behaviour during imprisonment;
• Participation in rehabilitation or other programs, including GS:PP, MISOP or HISOP;
• Risk to the community;
• Housing and employment plans;
• Support systems outside prison;
• Victim submissions;
• Prior criminal history; and
• Ministerial Guidelines.

Potential decisions

The Parole board can make any of the following decisions, when considering a person’s application for parole:

• Grant the person to a conditional parole order;
• Supply the person with a ‘conditional not grant’ and invite the person to submit submissions and further evidence of rehabilitation;
• Reject the application for parole; or
• Defer the decision pending more information from the individual or Corrective Services.

Time frames

If parole is denied, prisoners can re-apply after waiting periods specified by the Board.

 

In Queensland, the waiting period to re-apply for parole after a rejection depends on the type of parole application and the Board’s decision.

 

In the case of standard parole applications, generally the waiting time is 6 months from the date of refusal. However, the Board can set a different time period when making their decision.

Exceptional Circumstances Applications

These rare applications can be submitted earlier than standard 6 months pre-eligibility if there are exceptional circumstances such as:

 

• Terminal illness;
• Death of an immediate family member;
• New evidence that wasn’t available at a previous hearing.

Life-sentence Prisoners

Unlike the standard parole applications, those sentenced to “life” means they are subject to an extended waiting period of 12 months after a refusal. This period, however, may be longer depending on the Board’s decision.

Extended Waiting Periods

The Board may impose longer waiting periods if:

 

• The application was considered particularly weak;
• There are serious behavioural issues;
• ‘Required’ programs have not been completed, for example MISOP or HISOP;
• Risk factors have not been adequately addressed.

It’s important to note that:

 

• The waiting period starts from the date of the Board’s decision;
• New applications submitted before the waiting period expires will typically be rejected;
• Prisoners should use the waiting period to address any issues raised by the Board in their decision.
• If your circumstances have significantly changed during the wait period, it is imperative that you speak with a lawyer.

How long does the Parole Board have to decide an application for parole?

The Parole Board must decide the application within 120 days of receiving the application for parole. If the decision was deferred for additional information to be obtained, then the Board will have then have an extended time of 150 days, rather than 120 days.

Judicial Review of a Parole Board Decision

Decisions made by the board regarding applications for parole can be subject to judicial review by the Supreme Court of Queensland. The relevant grounds that are available to be argued are contained the Judicial Review Act 1991 (Qld).

 

The grounds relevant to the refusal of parole will vary from case to case. A judicial review does not involve simply arguing the original decision was incorrect.

 

As a consequence of a judicial review, the Supreme Court of Queensland has the power to set aside the Board’s decision but cannot make a new decision on behalf of the Board. If the decision is set aside, it will be referred back to the Board for further consideration and a fresh decision, which must take into account anything else said by the Supreme Court.

 

An application for judicial review of a Parole Board decision must be made within 28 days of the written reasons regarding the decision being received, or if the Board has neglected to make any decision.

Commonwealth Parole

Sentences in relation to Commonwealth offences can also involve parole orders.

 

These parole orders differ from state parole orders in the following ways:

 

The Federal Attorney-General has the final decision regarding the granting of parole, after receiving recommendations made by Commonwealth Parole Office.

 

Commonwealth parole orders are Governed by the Crimes Act (Cth) 1914.

 

The Commonwealth application process is typically longer than the state process. Initial applications must only be made at least 6 months before earliest eligibility date, however can be up to 12 months for complex cases.

 

The Attorney-General then aims to provide a decision within 3-4 months, however it can take longer to receive a decision.

Sentences over 3 years

A non-parole period must be served in custody. Usually, 75% of a sentence must be served for serious drug offenses and typically 66% of sentence for other offences.

Sentences under 3 years

A person is generally eligible for parole after serving two-thirds of the sentence. However, some exceptions apply based on different types of offences.

Review/Appeal Process Commonwealth:

Reviews of parole decisions are heard within the Federal Court Australia, firstly before a single judge, with the full court hearing any subsequent appeal.

 

The Federal Court can consider the following:

 

• Refusal to grant parole;
• Revocation of parole;
• Conditions imposed;
• Changes to conditions;
• Administrative decisions.

The parole process can be a particularly stressful time as it is often the final but most difficult hurdle one faces in their attempt to secure their release from custody, often times after lengthy periods of imprisonment.

 

Unfortunately, many people encounter difficulties when dealing with the parole board due to the delayed responses, difficulties with contacting the board and the general issues ordinary people encounter when navigating legal processes and legislation.

 

Should you or any loved ones require assistance with parole applications, submissions to the Parole Board or Judicial reviews, you should contact Jones + Associates on (07) 3229 3166.