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Procedure Properties


Title: Parole Boards Administration
Category: Support Services
Version: 09
Implement Date: 25 January 2013
Application: Parole Boards' Secretariat
Availability: Public

Authority

Approved Forms

Appendices and Forms

Procedures

Policies

  • Instrument of Delegation of Minister's Powers (in-confidence)

Ownership: Specialist Operations

Procedure - Parole Boards Administration


Purpose
1.Definitions
2.General
2.1Regional Parole Board Jurisdictions -
2.2A meeting of a parole board may consider matters including, but not limited to-
FILE MANAGEMENT
3.Management of parole board files
3.1Case history
PRE-MEETING PROCESS
4.Preparation of material
5.Arranging attendance of offenders, agents and other relevant persons
6.Preparation of meeting room
7.Agenda
8.Application for parole from an offender on Her Majesty's Pleasure
MEETING PROCESS
9.Recording parole board decisions
10.Parole eligibility dates
11.Matters requiring a parole board's urgent attention
POST MEETING PROCESS
12.Correspondence
13.Deferral of matters requiring additional documentation
14.Reports by external providers
15.Actioning decisions by parole boards
15.1All relevant parties to parole board decisions must be informed
15.2Urgent outcomes:
15.3Approved forms for informing of parole release
15.4Cancellation/suspension of parole order
15.5If an offender on a suspended or cancelled parole order is not in custody
15.6Cancellation of suspension order
15.7Amendment of parole order
15.8Issuing permits to leave the state
15.9Statement of Reasons of parole board decisions
OTHER
16.Release of information to internal and external parties
17.Privileging
18.Release of prisoners sentenced under the Juvenile Justice Act
19.Correspondence to the Minister, Attorney General, chief executive or delegate
20Meeting Report

Purpose

To provide for the effective and efficient administrative support to the parole boards.

1. Definitions

“corrective services facility” - means a prison or work camp (refer Schedule 4 of the Corrective Services Act 2006 (CSA)).

“parole board” - means either the Queensland Parole Board or a regional board (Central and Northern Queensland Regional Parole Board or the Southern Queensland Regional Parole Board) (refer Schedule 4 of the CSA).

“probation and parole office” - means an office where an offender is subject to a parole order or community based order and may be required to report to a corrective services officer (refer Schedule 4 of the CSA).

“secretary” - means an officer of the department that has been appointed as the secretary of a parole board (refer sections 223 and 237 of the CSA).

2. General

2.1 Regional Parole Board Jurisdictions -

Southern Queensland Regional Parole Board - this Board considers matters for prisoners located at:

§ Arthur Gorrie Correctional Centre;

§ Southern Queensland Correctional Centre;

§ Brisbane Correctional Centre;

§ Brisbane Womens Correctional Centre;

§ Numinbah Correctional Centre;

§ Palen Creek Correctional Centre;

§ Wolston Correctional Centre; and

§ Woodford Correctional Centres

and prisoners managed by Probation and Parole offices located in:

§ North Coast Regions;

§ South Coast Regions;

§ Southern Regions; and

§ Brisbane Regions.

Central and Northern Queensland Regional Parole Board - this Board considers matters for prisoners located at;

§ Capricornia Correctional Centre;

§ Lotus Glen Correctional Centre;

§ Townsville Correctional Centre;

§ Townsville Women's Correctional Centre; and

§ Maryborough Correctional Centres

and prisoners managed by Probation and Parole offices located in:

§ Central Region;

§ Northern Region; and

§ Far Northern Region.

2.2 A meeting of a parole board may consider matters including, but not limited to-

  1. an application by a prisoner for parole release;
  2. a report by a corrective services officer;
  3. a professional report (e.g. psychiatric/psychological report);
  4. a request by an offender on a parole order for interstate or overseas travel;
  5. an amendment of an offender's order or a review of the parole board's decision;
  6. a notice by the chief executive or delegate of the grounds for the suspension of an offender's order;
  7. submissions to the parole board by a person registered on the victims register; Refer procedure - Submission to Parole Board by a Person Registered with the Victims Register and
  8. submissions supporting a prisoner's parole application.

FILE MANAGEMENT

3. Management of parole board files

A parole board file must be stored securely at the Parole Boards' Secretariat or approved government archives. The parole board file is different from the offender file which is maintained by a corrective services facility or probation and parole office. The parole board file only contains information relevant to parole board matters.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 2.1)

3.1 Case history

A case history contains all documentation considered by the parole board for a specific case. Each parole board member is provided with a case history, hardcopy or electronic, for all matters scheduled to a specific meeting.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 2.2)

PRE-MEETING PROCESS

4. Preparation of material

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 3.2)

5. Arranging attendance of offenders, agents and other relevant persons

Refer procedure - Appearance before a Parole Board

6. Preparation of meeting room

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 3.3)

7. Agenda

The Agenda details all cases to be considered by the Board at a meeting.

8. Application for parole from an offender on Her Majesty's Pleasure

The Queensland Parole Board must advise the Attorney-General in writing of all applications for parole received for prisoner's sentenced to Her Majesty's Pleasure. The Queensland Parole Board will request from the Attorney General advice regarding the prisoner's suitability for release on a parole order.

The Attorney-General must also be provided with a copy of the offender's case history.

The Queensland Parole Board will consider the matter further upon receipt of the Attorney-General's response regarding the application.

Refer section 19 of this procedure and the Criminal Law Amendment Act 1945 Part 3A (18D)

MEETING PROCESS

9. Recording parole board decisions

The secretary must record the parole board decisions on IOMS in real time during the meeting. The parole board will confirm each minute during the parole board meeting.

When an offender or agent appears before the parole board, where possible, and unless authorised by the President of the Parole Boards, the proceedings must be electronically recorded.

10. Parole eligibility dates

The President/Deputy President of the parole boards is responsible for checking each offender's parole eligibility date and communicating the information to the parole board.

11. Matters requiring a parole board's urgent attention

In the case of a matter requiring the urgent attention of a parole board the secretary must-

  1. immediately inform the President/Deputy President of the parole boards and follow any direction;
  2. upon request from President/Deputy President, convene a Board Out Of Session Teleconference (BOOST) consisting of a quorum of board members; and
  3. issue documents (if applicable) via email to a secure email address or via courier (dependant on size) to the Board members participating in the BOOST.

It is the responsibility of the President/Deputy President to brief all members attending the BOOST of the background and merits of each case considered.

During the BOOST, the secretary must-

  1. record the Boards decision on IOMS in real time;
  2. issue relevant documentation to the relevant parties (if required) and
  3. update the parole board file.

POST MEETING PROCESS

12. Correspondence

All correspondence generated by the Parole Boards' Secretariat must go through the approved checking process.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 5.3)

Refer administrative form - Parole Boards Secretariat - Correspondence Checklist

Correspondence arising from a parole board meeting must be finalised within 10 working days of the meeting.

13. Deferral of matters requiring additional documentation

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 6.8)

14. Reports by external providers

The parole board may decide to request a report from a person outside of Queensland Corrective Services, to obtain additional information it considers necessary to make a decision, for example a psychiatric or psychological report. Refer CSA s. 193(2).

Where the author is required to access medical records, the offender will be requested to sign a Queensland Health consent form. The consent form must be completed prior to engagement of the report writer.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 5.1 and 5.2)

15. Actioning decisions by parole boards

15.1 All relevant parties to parole board decisions must be informed

It is the responsibility of the secretary to inform all relevant parties of the parole board's decision.

Relevant parties include the-

  1. offender;
  2. offender's legal representative (as directed by the Board);
  3. Sentence Management Services and the person in charge of the location where the offender is currently being accommodated or supervised;
  4. any other party as directed by the Parole Board.

The following practice must be observed-

  1. all offender correspondence (including letters, orders, case histories and general correspondence) are forwarded by either registered mail, courier, regular mail, e-mail or attached to IOMS;
  2. a copy of the correspondence must be placed on the offender file by the appropriate corrective services officer responsible for the offender's file
  3. in cases (ie CNG) where additional documents accompany parole board correspondence, these documents must be forwarded by registered post; and
  4. when an offender is being relocated as a result of a board decision, a copy of the correspondence must be sent to the location where the offender will be supervised. (Note: the copy must be clearly marked as a copy and stored and disposed in line with appendix - Management of the Temporary File).

15.2 Urgent outcomes:

For any parole board decisions that require action within the next business day, the secretary will immediately telephone the Sentence Management Services unit at the relevant correctional centre and/or supervising Probation and Parole District Office to advise of the outcome. When the outcome document has been attached to IOMS the appropriate corrective services officer responsible for the management of the prisoner will be notified.

15.3 Approved forms for informing of parole release

The approved forms and notification letters must be used to inform the relevant parties (as listed in section 15.1 of this procedure) of the parole board's decision to approve a parole order or an exceptional circumstances parole order. The secretary must issue-

  1. Form 33 - Parole Order; or
  2. Form 32 - Exceptional Circumstances Parole Order; and
  3. a parole release letter (refer appendix - Example - Parole Release Letter).

15.4 Cancellation/suspension of parole order

If a parole board cancels or suspends a parole order the secretary must issue-

  1. Form 38 - Order by Board for Amendment / Suspension / Cancellation of Parole Order; and
  2. Form 41 - Information Notice.

15.5 If an offender on a suspended or cancelled parole order is not in custody

If a parole board suspends or cancels a parole order and the offender has not yet been returned to custody a Form 39 - Warrant by Board for Arrest and Conveyance of Prisoner to Prison must be issued under the signature of the secretary as soon as possible.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 4.4); administrative form - Parole Boards Secretariat - Warrant Checklist, Refer procedure - Warrants, Refer appendix - Warrant Bureau Letter Example (in-confidence)

Upon being notified of the offender's return to custody the delegated officer must ensure that a Form 41 - Information Notice is provided to the prisoner.

15.6 Cancellation of suspension order

Cancellation of the suspension order reinstates the original parole order.

A parole board may decide to cancel a suspension order which was issued by either the parole board or the chief executive.

Following a parole board decision to cancel a suspension order the delegated officer must send a letter (refer appendix - Example - Cancellation of Suspension Order Letter) to all relevant parties advising of the board's decision and include-

  1. the date from which the cancellation of the suspension order will be effective; and
  2. in the case of a parole order, direct the offender to report to the supervising probation and parole office on the day of release.

15.7 Amendment of parole order

If a parole board amends a parole order the delegated officer must issue-

  1. Form 38 - Order by Board for Amendment / Suspension / Cancellation of Parole Order; and/or
  2. Form 41 - Information Notice.

15.8 Issuing permits to leave the state

Refer procedures - Transfer of Offenders; and Temporary Travel Interstate/Overseas - All Orders

When the Board decides to grant a prisoner parole subject to Extradition, the parole board must issue a permit to leave the state.

15.9 Statement of Reasons of parole board decisions

An offender within 28 days of receiving notification that a parole board has made a final decision can request the parole board (as a decision maker) provide a statement of reasons under section 32(2)(b) of the Judicial Review Act 1991 (JRA).

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 6.3)

OTHER

16. Release of information to internal and external parties

In the event an internal or external party (e.g. psychologist) requires information from the Parole Boards' Secretariat the documentation must be released in a manner which is appropriate and compliant with privacy requirements.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 6.1); Administrative form - Parole Boards Secretariat - Correspondence and Privacy Checklist

17. Privileging

In the case of a preliminary adverse decision being made and to ensure procedural fairness, the Board must provide to the offender a copy of all documents considered by the parole board.

In instances when file documents are to be released to an offender, the President or Deputy President of the parole boards is to provide direction to the secretary if documents, or sections of documents, should not be released.

Refer appendix - Parole Boards Secretariat - Operational Guidelines (section 5.2)

18. Release of prisoners sentenced under the Juvenile Justice Act

A corrective services officer responsible for the issuing of the parole order must provide the parole board with a report detailing the prisoners circumstances and proposed conditions two weeks prior to the prisoner's release date.

The unexpired component of the offenders' sentence at the time of transfer is to be considered when deciding which parole board is responsible for issuing the parole order.

Refer section 187 of the Corrective Services Act 2006

19. Correspondence to the Minister, Attorney General, chief executive or delegate

Correspondence from a parole board to the Minister, Attorney General, chief executive or delegate must be signed by the President or, in the President's absence, the Deputy President.

Refer Criminal Law Amendment Act 1945 Part 3A (18D)

20 Meeting Report

After each meeting the Nominated Public Service Officer on the parole boards is to provide advice to the Commissioner for Corrective Services and other department executives on the outcomes of the parole board meeting and any other matters of interest.

Mark Rallings

Executive Director, Specialist Operations





Marlene Morison
Commissioner





Version History

13/08/2010 Version 08 - 21/09/2009 Version 07 - 05/02/2008 Version 06 - 28/08/2006 Version 05 [Parole Boards Administration] - 08/11/2005 Version 04 [Corrections Boards Administration] - 27/01/2004 Version 03 - 01/05/2003 Version 02 [Community Corrections Boards Administration] - 27/06/2002 Version 01