ADULT PAROLE BOARD

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ADULT PAROLE BOARD

• The Hon Justice Kellam
• Chairperson Adult Parole Board
• 24 March 2003

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THE ADULT PAROLE BOARD

• Established pursuant to the Corrections Act
• Judge of Supreme Court is Chairperson
• Is to include at least one County Court Judge and
  at least one Magistrate
• Has a full time member and the Secretary of the
  Board as members
• Has other members of the community as part-time
  members

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DIVISIONS

• The Board sits in divisions of three persons one
  of whom must be a Judge or Magistrate who is
  chairperson of that division
• Board meets every Wednesday at Footscray and in
  each prison in Victoria
• Not bound by the Rules of natural justice

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POWERS OF BOARD

• To make parole orders
• To direct Community Corrections
• officers in relation to parole orders
• To make conditions of parole
• To revoke or cancel parole orders
• To issue warrants of arrest against a
• person on parole

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EFFECT OF PAROLE

• Sentencing Judge or Magistrate must (in most
  cases) fix a parole period of at least 6 months
  if the Sentence exceeds 2 years and can fix a
  parole period of at least 6 months for lesser
  sentences.
• Person on parole deemed to be serving
• a term of imprisonment and until period of
  parole elapses person is still under sentence.
• If an offence for which a prisoner is
• sentenced to imprisonment for more
• than 3 months occurs during parole
• period, the parole period does not
• cease.

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GENERAL PRINCIPLES OF PAROLE

• In a general sense, the Board does not consider
  parole to be onerous or difficult for offenders
  to successfully complete notwithstanding that
  there may be a number of conditions attached to
  their parole. Conditional release on parole to
  live in the community is infinitely more
  appealing than incarceration and if offenders
  devote adequate time to their parole then it can
  be completed successfully.
• The Board determines all cases on an individual
  basis, taking all available reports and other
  material including the history of the offender
  into consideration.

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General Principles contd

• The Boards role is not that of the Sentencing
  Authority. It is the Boards function to put
  into effect the sentence as determined by the
  Judge or Magistrate subject to the offender have
  demonstrated sufficient progress to justify the
  grant of parole.
• The Board will only grant parole if the offender
  satisfies the Boards criteria for release. That
  criteria includes participation in appropriate
  programs, not using drugs in prison and not being
  involved in prison incidents.

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DRUGS AND ALCOHOL

• The Board sees most prisoners who have a minimum
  term of 2 years at least twice in prison. If
  their offences are drug/alcohol related they will
  be advised that the Board will require them to
  undertake appropriate prison based programs
  before consideration of release on parole.
• If there is a direct link between drug taking and
  the offence for which the offender is
  incarcerated, the Board expects that the offender
  will have completed a drug program in prison
  before a grant of parole.
• As a general policy, the Board requires offenders
  to be drug free for a period of at least three
  months before being released on parole. This
  policy is flexible depending upon circumstances
  of each case.

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Drugs and Alcohol Contd

• Occasionally, after an order is made to grant
  parole, and before release, the offender may
  return a positive drug sample. In these
  circumstances, the Board will usually revoke the
  parole order and delay parole for a period of at
  least three months.
• However, the Board can demonstrate considerable
  flexibility. For example, if arrangements are
  made for an offender to be released to a
  residential drug rehabilitation program and he or
  she returns a positive drug test before release
  on parole, the Board, on balance, might take the
  view that such a program is likely to be more
  effective than revocation of parole.

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Drugs and Alcohol contd

• Where drug/alcohol use is an issue, the Board
  will usually refer the offender to ACSO-COATS to
  be assessed for treatment before release and
  direct that counselling be undertaken during
  parole where it is recommended by ACSO-COATS
• The Board may direct that Substance Testing be a
  specific condition of parole.
• Occasionally an abstinence from alcohol condition
  is placed on a parole order.

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Drugs and Alcohol contd

• The Board is notified of positive urine or
  breathalyser tests of parolees by their Community
  Correctional Officer. The Board can direct the
  Location Manager to issue a warning or direct the
  parolee to attend the Board for a warning.
  Continued drug use can result in cancellation of
  parole and return to prison.
• Where drug counselling is a condition of parole
  and the parolee fails to attend, the Board can
  direct the Location Manager to issue a warning or
  direct the parolee to attend the Board for a
  warning. Continuous failure to attend
  counselling will constitute a breach of parole
  conditions and may result in cancellation of
  parole and return to custody.

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Drugs and Alcohol contd

• This drug testing regime also has provision for
  Community Correctional Services to drug test
  parolees not subject to a drug testing condition
  but who are suspected of using drugs by their
  Community Correctional Officer.
• That regime will see appropriate parolees submit
  to one test per week for 6 weeks with 2
  additional random tests.
• Established criteria for testing will follow that
  period.
• Board to be notified of a positive test if there
  is an alcohol abstinence condition on parole, or
  is the third positive test on parole or if it
  occurs after a warning by the Board.