Procedure - Conditional Release

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Purpose
1.	Eligibility for conditional release
2.	Calculation of conditional release eligibility date
3.	Conditional release assessment
4.	Conditional release conditions
5.	Recording conditional release
6.	Amendment/suspension/cancellation of conditional release order
6.1	Contravention of conditional release order
6.2	Outstanding charges
7.	Automatic cancellation of conditional release order

Purpose

To provide a process whereby an eligible offender may be granted a conditional release order after serving two-thirds of the period of imprisonment.

1. Eligibility for conditional release

An offender is eligible for, and may be granted, a conditional release order in accordance with the Corrective Services Act 2006 (CSA), s 97.

A Federal offender serving a period of imprisonment of two years or less for an offence against the Crimes Act 1914 is not eligible for conditional release.

2. Calculation of conditional release eligibility date

An offender's eligibility for conditional release is to be calculated in accordance with appendix - Sentence Calculation Manual.

3. Conditional release assessment

The following steps outline the decision making process in considering an offender's suitability for conditional release -

1. administrative form - Conditional Release Assessment must be completed on IOMS by a sentence management officer;
2. if an offender has been previously assessed as a low risk to the community, this should be taken into account when considering risk to the community;
3. the assessment and all accompanying documentation must be forwarded to the approving authority. Refer Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence);
4. if the delegate grants conditional release the offender must be advised of the decision;
5. if the delegate is considering not granting conditional release, a show cause letter must be issued. The delegate must give fresh consideration to the case after a response from the offender has been received or following advice that the offender is not going to respond. The offender must be advised of the decision;
6. the offender's sentence calculation must be amended, as appropriate, according to the decision to release or not release.

The decision to grant, or not grant, a conditional release order must, if practicable, be made in sufficient time to allow an offender -

1. if an order is granted - to be released on the offender's conditional release date; or
2. if an order is not granted - to be afforded procedural fairness as provided under CSA, s 101.

4. Conditional release conditions

Refer CSA, s 98(2); Form 20 - Conditional Release Order

A conditional release order is not generally appropriate for an offender requiring supervision or monitoring. A condition attached to an order should not require an offender to report to a corrective services officer or to notify a change of address.

If consideration is being given to attaching conditions to an order that will require supervision or monitoring by Probation and Parole Service staff, the following factors must be taken into account -

1. Probation and Parole Service reporting conditions usually require a four week induction assessment;
2. the length of time to be served on the order; and
3. the offender's reasonable access to a Probation and Parole Service district office.

If it is determined that an order is to include conditions, consultation in respect of these conditions must occur between the general manager of the corrective services facility at which the offender is accommodated and the regional manager responsible for the relevant Probation and Parole Service district office, prior to the order being granted.

5. Recording conditional release

Details of an offender released on a conditional release order must be recorded on the Integrated Offender Management System (IOMS). IOMS will automatically discharge an offender when the conditional release order has expired.

6. Amendment/suspension/cancellation of conditional release order

Refer CSA, ss 102-106.

6.1 Contravention of conditional release order

If a condition is attached to a conditional release order and a corrective services officer is of the opinion that the offender has failed to comply with the condition without reasonable excuse, a recommendation for the amendment, suspension or cancellation of the order must be made to the chief executive or delegate. A written report outlining the reasons for the recommendation must be sent to the general manager for determination of action to be taken.

An amendment to the conditional release order can only be effected by the addition of further conditions. If such action is being considered, the general manager must immediately invite the offender, on Form 41 - Information Notice, to show cause why this action should not be taken in accordance with CSA, s 105. Any amendment to the conditional release order must be recorded on IOMS and the offender is to sign and retain a copy of the amended order.

If a general manager determines that the offender has contravened a conditional release order and decides to suspend or cancel the order a Form 22 - Warrant by Authorised Person for Arrest of Prisoner Unlawfully at Large must be issued in accordance with CSA s 104.

Following the offender's return to custody, a Form 41 - Information Notice must be provided as per CSA s 105 and, if practicable, the chief executive or delegate must consider any submission received from the offender within seven (7) days. The offender must be informed, in writing, whether the decision has been changed.

6.2 Outstanding charges

If while on a conditional release order an offender is charged with matters that allegedly occurred prior to his/her current period of imprisonment no action is to be taken to amend, suspend or cancel the order.

If an offender is charged with offences allegedly committed during the period of the conditional release order and -

1. is granted and entered into bail, a corrective services officer when learning of this information must submit a report to the chief executive or delegate. Any decision to amend, suspend or cancel the conditional release order in this report must include consideration of the court's decision to allow bail; or
2. is remanded into custody, the offender management unit must advise the chief executive or delegate of the circumstances who must decide whether to either suspend or cancel the conditional release order.

Following a decision to suspend or cancel a conditional release order a Form 22 - Warrant by Authorised Person for Arrest of Prisoner Unlawfully at Large must be issued if the offender is unlawfully at large. Refer procedure - Warrants

If an order is suspended or cancelled a Form 41 - Information Notice must be given to the offender upon his/her return to custody in accordance with CSA, s.105. The chief executive or delegate must consider any submission by the offender, if practicable, within seven (7) days and inform the offender, in writing, whether the decision has been changed.

7. Automatic cancellation of conditional release order

Refer CSA s 106.

Following the automatic cancellation of a conditional release order, the Sentence Management Unit must ensure that, if necessary, the new segment of imprisonment is linked to the segment that involved the offender's conditional release.

The time between the date of the commission of the offence, which triggered the automatic cancellation, and the date that the offender resumes serving the remaining period of imprisonment in relation to the matters for which the conditional release order was issued is regarded as time not served.

F P Rockett
Director-General

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