On 28 January 2007, the Parole and Sentencing Legislation Amendment Act 2006 became law. The Act changes parts of the Sentence Administration Act 2003.

The main changes are:

1. creation of the Prisoners Review Board to replace the Parole Board
2. changes to CEO Parole
3. changes to re-entry release orders
4. introduction of prisoner management reviews by the Board
5. introduction of re-socialisation programs.

The new laws have created the Prisoners Review Board, which replaces the Parole Board.

The Prisoners Review Board is responsible for all decisions about release on parole. Procedures for release on parole stay the same.

Approvals for life and indefinite sentence prisoners remain with the Minister and the Governor.

CEO parole is now known as parole (short-term). The Prisoners Review Board is responsible for making all decisions about parole (short-term).

The procedures for this type of parole remain the same:

• Prisoners serving a term or terms of less than 12 months are automatically subject to parole (short-term).
• A prisoner subject to parole (short-term) may be categorised as a 'prescribed prisoner'. A prescribed prisoner means a prisoner who:
  • is serving a term for a serious offence (usually a sexual or violence offence)
  • has been released from prison in the past 5 years for a serious offence, or
  • has been subject to an early release order that was breached in the past 2 years.
• The Board may choose to make a parole (short-term) order for a prescribed prisoner
• For all other prisoners subject to parole (short-term), the Board must make a parole order when half the sentence has been served, unless:
  • the prisoner is remanded in custody on other matters, or
  • travel or transport arrangements mean a prisoner is unable to be released on parole for up to 7 days.

The category of prisoner eligible for RROs has changed.

Prisoners may apply to the Board to be released under a RRO only if they meet all of these criteria:

• sentenced on or after 28 January 2007
• not eligible for parole
• not serving a life or indefinite term of imprisonment
• when the RRO starts, they have been in continuous custody under sentence for at least 12 months and be eligible for release to freedom within 6 months.

Prisoners sentenced before 28 January 2007 and serving fixed term sentences with parole eligibility will still be eligible for a RRO.

These reviews are undertaken by the Board and apply to prisoners serving:

1. life and indefinite terms of imprisonment
2. a fixed term of imprisonment with a minimum period in custody of around 7 years, whether or not eligible for parole.

When will the review happen?

It is likely the first review will occur 2 years after the sentence start date - unless there is an appeal outstanding.

Extra reviews may be set by the Board as it decides is necessary.

The Board will review all prisoners when they become eligible for release on parole, regardless of whether or not they have already been reviewed.

What is the purpose of the review?

The reviews are intended to enable the Board to monitor:

• the impact of custody and treatment intervention on attitude, behaviour and risk to the community
• level of commitment to change
• progress toward adopting a law abiding lifestyle - this may include education or vocational training.

The reviews also mean the Board can advise the prisoner of the requirements for release on parole earlier in the prisoner term.

The Board will ask for reports and use all information available to it. The prisoner is likely to be able to speak directly to the Board, either in person or via video-link, for the first review.

Re-socialisation programs (RSPs) were previously known as pre-release programs. They allow prisoners to gradually re-integrate into the community and prepare for release from custody.

Among other things, RSPs can help prisoners re-establish contact with family and friends, sort out finances (banking and Centrelink payments) and make future job plans.

Prisoners will be expected to complete treatment programs to address their offending behaviour before being considered suitable to take part in a RSP.

What does a RSP include?

A RSP includes programs and activities to help prisoners develop new skills and re-integrate into the community.

Each RSP will be designed to address the needs of the individual prisoner.

How is a RSP run?

A RSP may consist of one or more stages of varying lengths in time.

A prisoner's participation in each stage of a RSP will be assessed and must be satisfactorily completed before progressing to the next stage.

At the completion of a RSP, a prisoner will be assessed for their suitability for release on parole, if eligible.

When does a RSP need to start?

It is expected that prisoners eligible for release on parole will start a RSP in time to complete it before their parole eligibility release date. It is possible a RSP may not be finished, or started, until after the eligibility date for release on parole. This may affect the decision to release a prisoner on parole.

Prisoners not eligible for parole will be released at the completion of their sentences, whether or not they have completed their RSP.

Who is eligible for a RSP?

1. Prisoners serving life or indefinite terms of imprisonment.
   
   These prisoners will be assessed for their suitability to take part in a RSP. The Board will consider this assessment two years before a prisoner's statutory review date (when they become eligible to be considered for parole).
   
   If the Board recommends a prisoner for a RSP, approval will be required by the Minister and the Governor before the prisoner can start the program.
   
   If a prisoner is not approved for a RSP, the Board may set a review date to reconsider the matter in the future.
   
   The prisoner will be advised of this in writing.
   
   
2. Prisoners serving fixed-terms of imprisonment with a minimum period in custody of around 7 years.
   
   These prisoners will be assessed only if the Board requests an assessment.
   
   If the Board approves the prisoner for a RSP, no other approval is required. If the Board does not approve a prisoner for a RSP, a review date may be set to reconsider the matter in the future or consider the prisoner's suitability for release on parole. Prisoners will be advised of the new date in writing.
   
   The prisoner can make a written request for the Board to review the decision.

Can a RSP be cancelled or suspended?

A prisoner's participation in a RSP can be suspended or cancelled. A prison superintendent or the Board can suspend a RSP, but only the Board can cancel a RSP.

The program may be cancelled due to:

• the prisoner failing to meet the requirements of the RSP, or
• another matter out of the prisoner's control, such as the availability of a suitable program.

Prisoners can apply in writing to the Prisoners Review Board to ask for a cancellation or suspension to be reviewed.

Do you need help with this information?

If you need help to understand this information, ask your prison assessment officer when you are being interviewed or your unit officer at any other time.