Report

of the

Parole Board

1 January 2000- 31 D~cember 2000

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NSW ENQ: (02) 9289-1125 FAX: · (02) 9212-6714

REF: 91/Q666

The Hon John Watkins MP Minister foi'Fafr Trading Minister for Sport and Recreation Minister for Corrective Services SYDNEY

Dear Minister

RODEN CUTLER HOUSE

24 CAMPBELL ST SYDNEY 2000

In accordance with Section 192 of the Crimes (Administration of Sentences) Act 2000, I have · pleasure in submitting to you, for the information of Parliament, the report of the Parole Board tor the period 1 January 2000 to 31 December 2000 .

. Yours faithfully

WK FISHER AO QC CHAIRPERSON 18 April, 2001

POSTAL ADDRESS: GPO Box 31 SYDNEY NSW 2001

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FUNCTIONS AND RESPONSIBILITIES OF THE PAROLE BOARD

The Parole Board's role is to consider:-

' 1 . Those offenders' cases for whom the courts have set a sent~nce of more than three years, with a non parole period; to determine their suitability for release from custody, at the expiration of the non parole period and return to the comm.unity, under supervision for the term of a parole order. Offenders include those whose life sentences have been redetermined by the Supreme Court, pursuant to Schedule 1 of the Crimes (Sentencing Procedure) Act 1999.

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2. Parolees' cases, where the person has not complied with the terms and conditions of the parole. order, or where ·matters have arisen requiring the attention of the Board; thereafter to determine if the parole order issued should be revoked and a warrant issued for the offender's apprehension and return to lawful custody.

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Revocation of a parole order prior to the offender's release, if there is then sufficient reason to believe that the offender, if released from custody, would not be able to adapt to normal lawful community life.

Home detention detainees' cases, where the detainee has not complied with the terms and conditions of the home detention order, or where matters have arisen requiring the attention of the Board; thereafter to determine if the home detention order issued should be revoked and a warrant issued for the offender's apprehension and return to lawful custody.

5. Periodic detention matters, where the Commissioner for Corrective Services applies to the Board for the revocation of a periodic detention order, on the grounds that the detainee has at least three unauthorised absences or the detainee is not serving the sentence in accordance with the order. The Board may revoke an order without an application from the Commissioner, if it appears to the Board that there is good reason for doing so.

The Board may not make a parole order for an offender unless it has:-

1. determined that the release of the offender is appropriate, having regard to the principle that the public interest is of primary importance;

2. considered the sentencing judge's comments, antecedent nature of the offender, correctional centre, medical and other reports from various authorities and any

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special circumstances; ·

had regard to the likely effect of release on any victim;

determined that it ha,s sufficient reason to believe that the offender, if released from custody, would be able to adapt to normal lawful community life.

The Act provides for an offender to be given the right to appear in person and/or be represented before the Board, in cases where the Board has indicated an intentio.n to

. refuse parole, has revoked a parole order prior to release, has revoked a parole order after an offender has been released to parole, has revoked a home detention order or has revoked a periodic detention order. This process is achieved at the public review hearings,

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which the Board conducts. The offender has the opportunity of submitting a ease for either release to parole or rescission of a revocation. In the case of revoked periodic detention orders, the detainee may submit a case for a home detention order to be set for the remainder of the sentence.

Th~se proceedings are conducted in public and interested parties are able to attend and give evidence. The hearings are not bound by the rules or practice of evidence and are not conducted in an adversarial manner.

When the Board determines to refuse parole, after hearing evidence at a review hearing, its decision and the offender's case, are reviewed at least yearly, or in the case of serious offe-nders, at least every three years.

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Where the Board has reasonable cause tq believe that a parolee has breached a term or condition of an order, the· Board may inqyire into the alleged breach. Should it determine that a breach has been committed, the Board may revoke the order or direct that no action be taken. Parolees have the right to be present and to have legal representation at inquiries. '·

COMPOSITION OF THE PAROLE BOARD

The Board is constituted under the provisions of Section 183 of the Crimes (Administration of Sentences) Act 1999. There is provision for between 10 and 22 members, 19 of whom are appointed by the Governor of New South Wales. Of the appointed members, three are to be judicial members and 16 are to reflect, as closely as possible, the composition of the commtmity at large.

Judicial members may be Judges or retired Judges of a New South Wales or Federal Court, Magistrates or retired Magistrates, or persons qualified to be appointed as a Judge of a New South Wales Court. _

Sixteen community members may be appointed, though only four may sit at any one time.

The other three members do not require appointment to the Board by the Governor. These f are a member of the Police Service, nominated by the Commissioner for Police, an officer of the Probation and Parole Service nominated by the Commissioner of Corrective Services and the Secretary of the Parole Board.

To assist the Board in fulfilling its functions, it is serviced by a Secretariat. The Secretariat consists of the Secretary and 16 administrative staff. All officers are officers of the Department of Corrective Services.

The Board and Secretariat are located at Level 15, Roden Cutler House, 24 Campbell Street, Sydney (Phone 9289-1333. Fax 9212-6714).

Judicial members:

The Hon WK FisherAO QC

His Hon C~Bannon QC

Mr Charles Gilmore

Community members:

Ms M Bolt

Ms C Dovey

Dr D Grimes

Mr J Haigh

Mr H Heilpern

Ms S Malamoo

Mr G McNeil

Mr Lloyd Walker

Official members:

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MEMBERS

Parole Board Membership duting 2000

Chairperson-Appointed 28 July 1999.

Deputy Chairperson- Appointed 30 May 1997. · Alternate Chairperson from 20 March 1998.

Deputy Chairperson -Appo i nted 24 March 2000.

Appointed 14 February 1996, re-appointed 14 February 1999.

Appointed 1 August 1997, re-appointed . 1 August 2000. .

Appointed 11 April 1997, re-appointed 11 April 2000.

Appointed 8 August 1997, re-appointed 8 August 1999.

Appointed 17 November 1995, re-appointed 17 November 1998.

Appointed 1 July 1994, re -appointed 1 July 1997, re-appointed 1 July 2000.

Appointed 11 April 1997, re-appointed 11 April 2000.

Appointed 1 July 2000.

NSW Probation and Parole Service:

Mr·s West Commenced 9 October 1997.

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NSW Police Service:

Nominee of Commissioner of Police:

Detective Inspector Jennifer Thommeny Commenced 8 September 1999.

Secretary of Parole Board

Mr Graham Egan

_::,- ---· ACKNOWLEDGMENTS

The Board wishes to place on record its, appreciation of the efforts and services provided by:-

Department of Corrective Services staff, in particular Probation and Parole Service . Officers, Psychologists, Alcohol and Other Drug Workers, Corrections Health f) Service staff, Correctional Centre Officers, Sentence Administration . Unit staff, Crown Solicitor's Office, Police Service staff and the Parole Board Secretariat.

SECRETARIAT

Legislati<?n provides for a Secretary, who is ably supported by a secretariat of 16 officers. All Secretariat staff members are officers of the Department of Corrective Services and are situated in the Department's main office at 24 CampbeU Street, Sydney.

LEGISLATIVE REQUIREMENTS

The Board was established, in its present form, as the Offenders Review Board, pursuant to - the pwvisions of the Sentencing Act (1989), which was proclaimed on 25 September 1989. A later amendment to the Act, changed the name of the Board to the Parole Board. There has been a Parole Board in New South Wales since the middle of the 20th century. .

,. On 3 April20.00, the Crimes (Administration of Sentences) Act 1999, replaced all the previous legislation, which governed the operation .of the Board.

OTHER ACTIVITIES OF THE BOARD

Visitors to Board

A variety of professional and personal visits were made to the Board in 2000. Officers from various Government bodies, such as the NSW Probation and Parole Service, visited the Board in an official capacity, as did staff of the Corrections Health Service and the Departm.ent of Corrective Services' psychological services.

The newly appointed Inspector-General of Corrective Services Mr Lindsay Le Compte visited the Board during the year.

· APPEALS

The Act provides for appeals against determinations of the Board in respect to the refusal

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_ of parole and the revocation of a parole order. Appeals are to the Court of Criminal Appeal and are limited to the seeking of a declaration that material relied upon by the Board, in deciding to refuse parole or revoke a parole order, was false, misleading or irrelevant.

There were no successful appeals in 2000.

MEETINGS OF THE BOARD

The Board met every working day of the week. The only times the Board did not meet were during the usual tw_o week recess for the Christmas and New Year holidays and the exceptional recess of three weeks during the Olympic Games.

The Boardlfteld 240 meetings. These consisted of 138 meetings in the boardroom and 102 review hearings.

A total of 11 ,259 cases were before the Board at these meetings, which was-an increase of 521 or 4.85% over the previou~ year. (Any one offender or parolee could be included several times in this total.) There has been a notable increase in recent years, in the number of cases considered by the Board. The prime cause of this has been the steady rise in the number of persons imprisoned.

BOARD CONCERNS

Public Review Heari.ngs

By the end of the year, there was an end in-sight to the very unsatisfactory nature of the accommodation for the Board's public review hearings. ·

Negotiations with the Attorney-General's Department resulted in agreement for the Board to use an existing; but disused courtroom, near the site of the Board's long used Court 26 in Hospital Rd. The Board had to agree to vacate th_e premises, with a mere three months' notice, if required. It is hoped, however, that the Board will have use of the new premises for at least two years.

Plans were drawn up for a permanent relocation of the Board's public hearings to a derelict building near the Central Court complex in Liverpool. _Funds are being· sought for the 2001/2002 financial year to refurbish the building.

STATISTICAL INFORMATION -

1 JANUARY 2000 TO 31 DECEMBER 2000

Release to Parole:

In 1345 cases the Board made a determination as to whether the offender should be released to parole.

Results of the determinations are as follows: -

Parole Ordered:

Parole was ordered in 1159 cases. Twenty-one of these were serious offenders and six

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were pursuant to Section 160 of the Crimes (Administration of Sentences) Act 2000, which permits the Board to order parole, before the expiry ofthe non parole period, if the offender is dying, or if it is necessary to release to parole, owing to exceptional extenuating circumstances.

When the Board does order that an inmate be released on parole, it does not always do so immediately the inmate becomes eligible for release on parole. Parole may be ordered

. after one or more earlier refusals.

Parole Refused:

Parole was refused in 186 cases. Fifteen of these were serious offenders.

Parole Orders Revoked

The Board revoked 1,156 parole orders. Of these, 737 were the result of a breach of conditions, other than the commission of another crime. Three hundred and seventy-eight revocations were the result of another conviction. Eight revocations were of serious f). offenders and 33 parole orders were revoked, before the offender was released on parole.

It is important to bear in mind that the Board revokes parole orders made by courts, in respect of sentences of three years or less, as well as those orders it makes itself. Courts

Parole Ordered 86% Parole Refused 14%

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make many more orders than the Board does.

Other breaches included:

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failure to maintain contact with supervising Probation and Parole Officer; changing address without permission; leaving the state without permission; failure to attend drug and alcohol rehabilitation centre; failure to abstain from alcohol.

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Home Detention Orders

The Board revoked 85 home detention orders.

Periodic Detention

The Board revoked 831 periodic detention orders. After reviewing its revocations, the Board rescinded 90 of its cancellations. Revocations of periodic detention orders were confirmed in 506 cases .

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Breach Other 34% .•,

Condition

TERMS AND CONDITIONS .

The standard terms and conditions of parole are:-

1. The offender is to be of good behaviour and must not, during the term ofthe order; commit any offence.

2. · · The order may be revoked if the offender contravenes any of the terms and conditions of the order.

3. The order may be revoked if the Board determines that it has sufficient reason to believe that the offender, having been released from custody, has not adapted to normal lawful community life. ·

4. The offender must, *until the order ceases to have effect or for a period of 3 years from the date of release (whichever is the lesser); *until supervision ceases in accordance With condition 9; submit to the supervision and guidance of the Probation and Parole Service Officer assigned for the supervision ofthe offender for the time being and obey all reasonable directions of that officer and, in particular, the offender-

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a) is to report to the Probation and Parole Service Officer or another person nominated by that officer in the manner and at the times directed and be available for interview at such times and places as that Officer or nomine~ may from time to time direct; and

b) is to reside at an address agreed upon by the Probation and Parole Service Officer and receive visits at that address by the Probation and Parole Service Officer on such occasions as the Probation and Parole Service Officer considers necessary; and

c) is not to travel outside the boundaries of the State of New South Wales without the express approval of the Officer-in-Charge of the District Office of

~· tfie NSW Probation and Parole Service to which the Probation and Parole Officer is attached; and

d) is not to leave Australia without the permission of the Parole Board.

The offender is to enter into employment arranged or agreed on by the Probation and Parole Service Officer or make himself or herself available for employment as instructed by that Officer; and

6. The offender is to notify the Probation and Parole Service Officer of any intention to change his or her employment, if practicable before such change occurs, or otherwise at his or her next interview by the Probation and Parole Service Officer.

7. . The offender is not to associate with any person or persons specified by the Probation and Parole Service Officer.

8. The offender is not to frequent or visit any place or district designated by the Probation and Parole Service Officer.

9. The terms and conditions of this Order relating to supervision by the Probation and Parole Service Officer shall cease to have effect if the probation officer has notified the offender, in writing, with the concurrence of the Officer-in-Charge of the District Office of the NSW Probation. Service to which the probation and Parole Service Officer is attached, that the offender is not required to be subject to supervision.

1 0. The terms and conditions of this order relating to supervision by the Probation and Parole Service Officer shall cease to have effect after ........ if the Probation and · Parole Service Officer has notified the offender, in writing with the concurrence of the Officer-in-Charge of the District Office of the NSW Probation Service to which the probation officer is attached, that the offender is not required to be subject to supervision .

. 11 . The offender shall totally abstain from intoxicating liquor.

12. The offender shall, if so directed by his/her Probation and Parole Service Officer, seek assistance in controlling his/her abuse of alcoholic liquor.

The offender will, in writing, authorise and direct all his/her medical, and other professional and/or technical advisers or consultants to make available to the New South Wales. Probation and Parole Service a relevant report on his/her medical,

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and/or other conditions at all reasonable times.

13.· ·The offender shall, folloWing his/her release, undertake and maintain a program directed towards controlling his/her abuse of alcoholic liquor which has been or shall be arranged by his/her Probation and Parole Service Officer.

14. The offender shall, if so directed by his/her Probation and Parole Service Officer, seek assistance in controlling his/her abuse of drugs.

The offender will, in writing, authorise and direct all his/her medical, and other professional and/or technical advisers or consultants to make available to the New South Wales Probation and Parole Service a relevant report on his/her medical, andlor.other conditions at all reasonable times.

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15. The offender shall, following his/her release, undertake and maintain a program directed towards controlling his/her abuse of drugs which has been or shall be arranged by his/her Probation and PQrole Service Officer.

(- 16. The offender will undertake urinalysis, where facilities are available, at the discretion of the Probation and Parole Service Officer. If it is established by such urinalysis that ttie parolee has illegally used a drug it shall be considered a breach of the Parole Order.

17. The offender shall undertake urinalysis, where facilities are available, for ...... and thereafter at the discretion of the Probation and Parole Service Officer.· If it is established by such urinalysis that the parolee has illegally used a drug it shall be considered a breach of the Parole Order.

18. The offender'shall entirely refrain from gambling.

19. The offender shall seek assistance in such manner as his/her probation officer may direct in controlling his/her gambling.

20. The offender shall seek assistance in controlling his/her gambling.

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The offender shall enter a rehabilitation/residential centre as directed by his/her Probation and Parole Service Officer and shall not discharge himself/herself without the consent of the Probation and Parole Service Officer.

The offender shall enter ......... rehabilitation centre and shall satisfactorily complete the program and shall not discharge himself/herself without the prior permission of the supervising officer. · ·

The offender shall attend at such place as the probation officer may direct for the purpose of undergoing psychological assessment and/or counselling, and/or other medical assessment and/or treatment.

The offender will, in writing, authorise and direct all his/her medicai;· psychological. and other professional and/or technical advisers or consultants to make available to the New South Wales Probation and Parole Service a relevant report ori . his/her medical, psychological and/or other conditions at all reasonable times~ ·. , .

24. The offender shall attend at such place as the Probation and Parole Service Officer may direct for the purpose of undergoing psychiatric assessment and/~r counselling,

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and/or other medical assessment and/or treatment.

The offender will, in writing, authorise and direct all his/her medical, psychiatric and . other professional and/or technical advisers or consultants to make available to the New South Wales Probation and Parole Service a relevant report on his/her medical, psychiatric and/or other conditions at all reasonable times.

25. Parole supervision shall be in conjunction with the ...... Community Corrections

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(Correctional) Service/ Probation and Parole Service provided that should he/she return to New South Wales before the date of ·expiration of the Parole Order, the offender shall report to the New South Wales Probation and Parole Service within seven (7) days of his/her arrival.

The offender may reside in . . . . pending formal arrangements being finalised to transfer the Parole Order interstate in accordance with the provisions of the Parole Orders (Transfer) Act, 1983.

The offender shall not contact, .. communicate with, intimidate, watch or beset ......... ..

The offender shall not contact nor communicate with .......... without the express prior approval of the supervising Probation and Parole Officer.

29. Parole supervision shall be· undertaken by the New South Wales Probation and Parole Service unti l such time. as the parolee has been deported. During the time that the offender is absent or is ·residing in another country, supervision by the Community Corrections (Correctional) Service/Probation and Parole Service of that country to be arranged where possible. Should the parolee return to Australia b'efore the date of expiration of the Parole Order, the offender shall report to a Probation and Parole Service Officer within seven (7) days of his/her arrival.

30. The offender is to report to the Officer-in-Charge, Witness Security Unit. If the offender is removed or for any reason ceases to be on the Witness Security Program of any Police Force or agency prior to the expiration of the Parole Order he/she shall report within seven (7) days to the nearest New South Wales Probation and Parole Service Office. The offender will then be subject to Standard Conditions 1-8 for the duration of the Parole Order.

31 . . The offender shall not be in the company of any person under the age of 16 unless accompanied by a responsible adult.

32. The offender shall not be in the company of any person under the age of 18 unless accompanied by a responsible adult.

33. The 'offender shall not change residence ·without the approval of the supervising officer.

WK FISHER AO QC CHAIRPERSON

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PAROLE BOARD'S ANNUAL REPORT 2000

ERRATUM NOTE

The graph on page 8 should read as below: