Title: Parole Orders and Resettlement Leave Program
Category: Offender Management
Implement Date: 17 September 2010
Appendices and Forms
|3.||Jurisdiction of parole boards|
|4.||Release to court ordered parole|
|4.1||Offender to be released on date fixed for release|
|4.2||Offender detained or remanded not to be released|
|4.3||Offender granted exceptional circumstances parole prior to parole release date|
|4.4||Conditions of court ordered parole|
|5.||Applications for parole order|
|5.1||Application for parole release by a parole board other than court ordered parole|
|5.2||Application for exceptional circumstances parole order|
|5.3||When application lapses|
|6.||Reports to parole board|
|6.1||Interstate transfer applications|
|6.3||Application for parole|
|6.4||Update reports for board ordered parole|
|6.5||Noting of concerns in relation to disclosure of documents provided to the parole board|
|7.||Contravention of a parole order|
|7.1||Offender fails to comply with conditions of a board ordered parole order|
|7.2||Offender fails to comply with conditions of a court ordered parole order|
|7.3||Offender charged with or convicted of a further offence|
|8.||Amendment of parole order|
|8.1||Amendment of parole order by chief executive|
|8.3||Amendment by parole board|
|9.||Suspension of parole order|
|9.1||Suspension by chief executive or delegate|
|9.2||When suspended by chief executive or delegate|
|9.4||Suspension or cancellation of parole order by parole board|
|9.5||Amendment, suspension or cancellation process for parole board that is suspending or cancelling a parole order|
|10.||Return to a high security facility|
|10.1||Offender at risk of self harm|
|10.2||Offender who is primary care giver|
|11.||Suspension or cancellation of order by a parole board|
|12.||Reconsideration of decision to amend or cancel order|
|13.||Automatic cancellation of parole order|
|14.||Transitional arrangements for resettlement leave of absence|
|14.1||Refuse to grant a resettlement leave by chief executive or delegate|
|14.2||Suspension of order for resettlement leave by chief executive or delegate|
|14.3||Amend, suspend or cancel resettlement leave program by Board|
|15.||Revocation of Federal parole or licence|
To provide for the release of offenders to court ordered parole and for an offender to apply for release to parole.
To ensure that appropriate and timely action is taken if an offender contravenes a parole order, poses a serious risk of harm either to himself/herself or to another person, poses an unacceptable risk of committing an offence or is preparing to leave Queensland without permission.
Refer Corrective Services Act 2006 (CSA) ss 176-200
Parole release provides for the supervised reintegration of an offender into the community. An offender may be released to parole either under a court ordered parole order or a parole order (including an exceptional circumstances parole order) granted by a parole board.
The sentence management staff at a corrective services facility are responsible for contacting a probation and parole district office whenever an offender is transferred from secure custody to community supervision.
An offender's release from secure custody must be in accordance with CSA s 108 and procedure - Exit.
Unless otherwise stated, a parole order refers to a court ordered parole order, an exceptional circumstances parole order and a parole order granted by a parole board.
For the jurisdiction of the boards refer CSA s 187.
For the geographical jurisdiction of regional boards refer CSA s 437.
An offender is not required to apply for release to a court ordered parole order. An offender's release to court ordered parole must be in accordance with the date fixed for the offender's release on parole under the Penalties and Sentences Act 1992. Accordingly, the chief executive or delegate must issue a court ordered parole order for the release of the offender to parole on the date fixed by the court.
Refer CSA ss 199, 200; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); Form 31 - Court Ordered Parole Order
A copy of the order must be given to the offender and the offender must be directed to report to a probation and parole district office. The conditions and consequences of failing to comply with the parole order must be explained to the offender. Any change to the offender's residential address and contact details must be updated in IOMS and the offender must be moved out in IOMS to the relevant probation and parole district office. Refer procedure - Exit
If the offender has been remanded or detained for an offence where a parole release or eligibility date has not been set, the offender must not be released to court ordered parole.
However, the offender may be released to court ordered parole if the offender has been granted bail or the charges for which the offender has been remanded or detained have been withdrawn.
Refer CSA s 199 and PSA ss 160A-160H
An offender may apply to a parole board for release to exceptional circumstances parole at any time (refer CSA s 176). An offender with a parole release date may therefore apply for exceptional circumstances parole prior to the parole release date.
If the offender is granted exceptional circumstances parole before the parole release date, the offender no longer has an entitlement to be released to court ordered parole for that period of imprisonment (refer CSA s 185A). The chief executive is not required to issue a court ordered parole order.
If the offender is re-sentenced after being granted exceptional circumstances parole and receives a parole release date the offender must be released on that date.
Court ordered parolees are subject to the standard conditions (refer CSA s 200); however, substance testing should only be conducted if-
If the offender fails a drug test or fails to report as directed, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).
Refer procedure - Substance Testing - Probation and Parole
An offender's release to parole other than a court ordered parole order must have regard to community safety and be in accordance with the offender's needs, as determined by the relevant parole board.
An offender must lodge a Form 29 - Application by Prisoner for Parole Order with the sentence management unit to apply for parole. The form can not be lodged any earlier than the point the offender is entitled to submit an application (ie 180 days prior to his/her eligibility date or at a date specified by the board, refer CSA s 180).
Upon receipt of Form 29 - Application by Prisoner for Parole Order, the sentence management unit must-
The general manager then verifies report for consideration by the relevant board.
The application, parole board report and relevant documents must be forwarded to the relevant parole board.
The board secretariat must ensure all the relevant accompanying documents have been forwarded for consideration by the relevant parole board. The board secretariat may return the document for further information/clarification. Otherwise, the report must be forwarded to the relevant board and the matter scheduled for a meeting.
Refer CSA ss 178-185; Form 29 - Application by Prisoner for Parole Order; Form 33 - Parole Order, procedure - Parole Boards Administration; appendix - Parole Board Report (Assessment) Timeframes; administration form - Parole Board Assessment Report
Exceptional circumstances parole provides for an offender's early release on parole when exceptional circumstances arise and may start at any time.
Applications and any relevant reports for an exceptional circumstances parole made under CSA s 176 must be processed as set out above and forwarded to the secretary of the appropriate parole board as soon as practicable after the application has been lodged by the offender.
Refer CSA ss 176, 177; Form 28 - Application by Prisoner for Exceptional Circumstances Parole Order; procedure - Parole Boards Administration
An offender's application for a parole order lapses if, before the application is decided, the offender is sentenced to another term of imprisonment.
Refer CSA s 191
Refer appendix - Parole Board Assessment Report Guidelines
All reports requested by a parole board, including a home assessment, must be submitted to the board within three (3) weeks of assignment to an officer unless otherwise directed by the board.
Please refer to Procedure - Transfer - Interstate transfer of parole.
An offender will be assessed using administrative form - Abridged Parole Board Assessment Report (in-confidence) if all of following criteria are met-
Offenders serving a sentence for sexual offences are ineligible for consideration under this process.
The following documents are required in support of an application -
If a report is unavailable on IOMS, copies of the relevant report are to be sent directly to the relevant parole board secretary.
Unless specifically requested by the secretary of a parole board the following documents must not be sent with an application -
A thorough check should be made of the IOMS system to ensure documents and attachments not linked directly to the IOMS - Parole Assessment Panel Report (eg a progress / update report submitted to the Board on their request after an offender's return to custody and parole has been suspended, liable for cancellation), are considered.
Generally, unless there are other relevant matters, a board report is only required-
The Board must consider all requests for -
The Board need not be informed of interstate travel permits for-
Parole Board update reports must be provided to the relevant parole board on a regular basis in the following circumstances -
Refer administrative form - Parole Board Report (in-confidence)
Unless requested by the board, update reports are not required for court ordered parole.
The parole board must be advised of any concerns held by Queensland Corrective Services in relation to the disclosure of documents provided in accordance with this procedure. This section does not apply to reports from external providers commissioned directly by a parole board.
If possible, the author of a document should note within the document whether there are any concerns in relation to disclosing the document to the offender and the reasons for those concerns. If the author's concerns in relation to disclosure only apply to certain parts of the document this should also be noted. If it is not possible to note concerns in relation to disclosure within the document itself, a separate written advice must be provided outlining any concerns in relation to disclosure.
If a document is provided to the parole board in accordance with this procedure, but has not been prepared by Queensland Corrective Services, concerns in relation to disclosure should be identified by the offender management team and noted in the parole board assessment report or parole board report. For example, if there are any concerns in relation to the disclosure of an external psychological report commissioned for the purposes of preparing a parole board assessment report these concerns should be drawn to the attention of the parole board.
Concerns about disclosure should be noted if the document -
If an offender on a parole order is charged with an offence allegedly committed prior to the current order, this does not constitute a breach of the order.
If an offender tests positive in a substance test, refer procedure - Substance Testing - Probation and Parole; appendices - Substance Testing Guidelines - Probation and Parole (in-confidence); Guidelines for Board Ordered Parole Contraventions Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).
Action must be immediately taken when an offender fails to comply, without reasonable excuse, with any condition of a parole order. If an offender fails to comply with a condition of an order, the supervising officer must consult with the relevant manager / supervisor. For court ordered parole A parole board report is only required if some form of action is required of the Board. If so ensure the report is saved on IOMS.
Refer procedure - Contravention - Probation and Parole; administrative form - Parole Board Report (in-confidence)
The relevant parole board should only be notified following-
Refer procedure - Contravention - Probation and Parole; appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence); administrative form - Parole Board Report (in-confidence)
The supervising officer must notify the relevant district manager / supervisor if the supervising officer receives information that the offender has been charged or convicted of a further offence. The chief executive or delegate must decide whether the order is to be suspended or not. If a Parolee is charged or convicted of a serious violent offence according to the Penalty and Sentences ACT 1992 or receives media attention, administrative form - Custodial and District Office Incident Report (in-confidence) must be submitted (refer procedure - Incident Reporting).
Refer administrative form - Parole Board Report (in-confidence)
If board action is requested (eg suspension or amendment of parole order), a report regarding the alleged charges or convictions must be provided to the relevant parole board that includes -
The progress of any court matter and detail of any adjournments and final outcome must be monitored and if relevant (eg when a sentencing court decided to release an offender to bail in association for offences committed while on court ordered parole) advice forwarded to the parole board as soon as available.
The chief executive or delegate may only amend a parole order if an offender -
Refer CSA 201(1); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)
If requesting an amendment to a parole order, the officer must-
If requesting an amendment to a court ordered parole order, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).
A parole board may amend a condition of a parole order if the board reasonably believes the offender -
For orders granted by a parole board, a parole board may also amend the order if it receives information that would have resulted in the parole board making a different order, before the parole order was made.
If the offender is charged with committing an offence, a parole board may amend or suspend (but not cancel) a parole order.
Before amending an order, the offender must, if practicable, be given an opportunity to respond to a proposed amendment.
Refer appendix - Suspension - Queensland Parole Order
The chief executive or delegate may suspend a parole order if the chief executive or delegate reasonably believes the offender -
The chief executive or delegate must suspend a parole order if a confirmation urinalysis report confirms a positive result to amphetamines, methamphetamines, opiates and / or cocaine unless the offender has provided proof from a medical practitioner that s/he has been prescribed medication or has been recommended to use over-the-counter medication that would explain the result.
Refer - Appendix - Drug Test Cut-Off Levels, Procedure - Substance Testing Probation and Parole; Appendix - Guidelines for Managing Contravention Court Ordered Parole Orders
In considering whether to suspend a parole order, the chief executive or delegate must consider the safety of the community. In doing so, the chief executive or delegate may take into consideration the following, but is not limited to -
Refer CSA s 201(2); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)
Once a decision has been made to suspend a parole order and an incident report generated (refer procedure - Incident Reporting), suspension documentation should be prepared, prior to the offender next reporting. The incident report should clearly document the reason the suspension and the dates of the decision to suspend.
If the offender is present at the time the suspension decision is made, the district manager/supervisor must determine whether it is in the interest of the safety and security of the office to have Police execute the warrant at the district office.
If unsafe to do so the offender should be directed to immediately report to Police. Alternatively, the officer should direct the offender to leave the office and advise the Police of the outstanding warrant.
Refer to Appendix Suspension - Queensland Parole Order
If suspending a court ordered parole order, refer appendix - Guidelines for Managing Contravention of Court Ordered Parole Order (in-confidence).
The following process should be followed when suspending a parole order -
If the parolee is in Police custody at the time of suspension a warrant is still required.
If the delegate suspends a parole order, the report to the board must-
If a parole order is suspended, the supervising Probation and Parole officer must-
Refer CSA ss 201-203; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Incident Reporting
A parole board may suspend or cancel a parole order if the board reasonably believes the offender -
For orders granted by a parole board, a parole board may also suspend or cancel the order if it receives information that would have resulted in the parole board making a different order, before the parole order was made.
A parole board can only amend or suspend a parole order if the offender is charged with committing an offence.
Refer CSA s 205
Refer procedure - Parole Boards Administration
Officers should not escort offenders from a probation and parole office to police custody.
If a corrective services officer becomes aware that an offender is to be returned to a high security facility and that the offender is at risk of suicide or self harm, the officer must ensure that the officer-in-charge of the facility to which the offender is first taken, including a watch house, is advised in writing that the offender is at risk.
Refer procedure - At-Risk Management (Self Harm/Suicide)
If a corrective services officer is aware that an offender to be returned to a high security facility is the primary care giver of a person, the officer must take reasonable steps to ensure the safety and well being of the person. This may require liaison with another authority, for example, if a child, the Department of Communities (Child Safety Services).
Refer procedure - Child Safety
When advice has been received from a parole board that a warrant has been issued, the warrant must be faxed to the Police Warrant Bureau. Refer administrative from Fax Cover to Police Information Centre (in-confidence).
If there is concern that the offender may re-offend the district manager or supervisor must contact the officer in charge of the police station nearest the offender's usual place of residence and request that the warrant be executed.
Refer CSA s 205
Refer CSA ss 207, 208
If a parole board suspends or cancels an offender's parole order, the board must give the offender the opportunity to address the board as to why this decision should be changed.
Refer procedure - Parole Boards Administration
Refer CSA s 209
A parole order is automatically cancelled when there is a conviction for a further offence committed during the currency of the parole order that leads to imprisonment. This does not apply to the below orders that may include a term of imprisonment:
a) wholly suspended orders (under the Penalties and Sentences Act 1992, part 8)
b) intensive corrections orders
c) intensive drug rehabilitation orders; or
d) periods of imprisonment required to be served until the court rises
The relevant board must be informed of the automatic cancellation and the Board will in turn determine whether further action is required , except when an offender is subject to court ordered parole and the board had not previously been involved in the management of that particular order.
Amendments to the Corrective Services Act 2006 which took effect in 2009 remove the entitlement of offenders to apply for a resettlement leave of absence program (refer CSA ss 481-485). If the offender made an application before this date it can be considered by the Queensland Parole Board and a resettlement leave program can be approved. The program approved will then be managed as set out in this procedure.
Programs approved before this date continue in effect and can be managed as set out in this procedure.
Resettlement leave should not be granted if information is received that may result in the Queensland Parole Board suspending or cancelling its approval for the resettlement program. A report should be sent to the Queensland Parole Board as soon as possible outlining the reason the leave was not granted.
Refer CSA s 74; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Leave of Absence
Immediately on suspending an order for resettlement leave, written notice should be sent to the Queensland Parole Board (refer administrative form - Parole Board Report (in-confidence))
Refer CSA s 86; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); procedure - Leave of Absence
Refer procedure - Parole Boards Administration
The Commonwealth Attorney-General may revoke a parole order or licence if an offender has failed to comply with a condition or if reasonable grounds exist for suspecting that the offender has failed to comply.
Reports detailing breaches of Commonwealth Parole Orders should be forwarded to the Principal Legal Officer, Parole and Remissions Section, Attorney-General's Department, Canberra.
The procedure for reporting a breach is similar for reports to boards under section 7 of this procedure, with the exception that documentation is forwarded to the Commonwealth Attorney General.
The Attorney-General will normally notify the offender in writing of the condition alleged to have been contravened and give the offender 14 days to show cause why the order should not be revoked. If the offender is unlawfully at large or has left Australia or if the Attorney-General considers there are valid circumstances, the order may be revoked without prior notice.
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