What is parole?
In Australia, when someone is released from prison before finishing their entire sentence, there are specific rules they must follow, known as parole conditions. These rules are in place to help them transition back to regular life while ensuring everyone’s safety. These conditions can involve tasks like regularly meeting with a parole officer, following a set curfew, and refraining from using drugs or alcohol. In some cases, they may also be required to have a job or attend school. The main aim is to support their return to the community while making sure they don’t engage in unlawful activities again. Failing to follow these rules could result in going back to prison. It’s important to note that different regions in Australia may have their own particular rules regarding parole.
One very important thing that people often forget about parole is that the person’s release from their prison sentence and the start of their parole period actually is part of the sentence itself. As the Australian Law Reform Commission has noted, it’s essential to understand that parole isn’t a separate thing; it’s part of the original sentence. The goal of setting a parole date is to encourage good behaviour and rehabilitation while in prison, helping the person transition back into society when released.
Parole involves support, like finding a place to stay and getting needed services. Research shows that people who get parole are less likely to commit more crimes than those released without supervision. Effective parole, which includes focused support, not only helps the person but also benefits the wider community by reducing repeat offences and crime rates.
What is the purpose of a parole period in Australia?
In Australia, the parole period serves several important purposes. Firstly, it acts as a form of recognition for individuals who demonstrate good behaviour while in prison. When someone follows the rules and behaves well, they might be granted parole, allowing them to be released before completing their full sentence. This serves as an incentive for positive conduct during imprisonment. If you demonstrate good behaviour, the parole authority, also known as the parole board, in conjunction with the sentencing court and a community corrections officer might decide to let you serve your sentence back within society. This is when your period would start. After a certain while, if you meet your parole conditions the parole authority may decide that your full integration back into society can commence.
Secondly, parole is designed to assist with rehabilitation. It provides a period of transition for individuals to reintegrate into regular life and make positive changes. By offering support and guidance during this crucial time, parole aims to help individuals overcome challenges and make better choices upon release. Overall, the dual objectives of encouraging good behaviour and aiding rehabilitation contribute to the broader goal of balancing second chances for individuals with the imperative of maintaining community safety.
How long is the parole period in Australia?
The duration of parole for individuals can vary depending on the conditions that a person is given when the board grant parole. Typically there is an intensive period, often lasting the first three to four months after release. During this period, parolees are required to attend supervision appointments with their parole officer twice a week, engage in community work, and undergo frequent drug tests. Successful completion of the intensive period may lead to some conditions easing. The overall length of parole depends on individual cases, progress, and compliance. The parole board reviews reports from the parole officer, and any changes in conditions are contingent on the parolee’s behavior and level of risk.
What are common parole conditions?
In Australia, parole conditions vary based on the case and offence, aiming for rehabilitation and public safety. Examples include reporting to a parole officer, residence rules, curfews, and participation in treatment. Additional conditions cover drug testing, travel limits, and law compliance. Parole is conditional, and non-compliance may lead to consequences, including warnings or revocation. Standard conditions involve good behaviour and reporting to community corrections. The State Parole Authority can add specific conditions.
1. Reporting to a Parole Officer:
A condition that the parole board can set is that individuals have to regularly meet with their assigned parole officer. This means checking in at specified times to discuss how things are going. The frequency of these meetings can change based on how well someone is doing in getting back into everyday life. It’s a way for parole officers to keep an eye on the person’s progress and provide support.
2. Residence Requirements:
Living arrangements are an important part of parole conditions. Parolees might need to stay at a specific address or within a certain area. If they want to change where they’re living, they have to get permission from their parole officer. This rule is in place to provide stability and make sure parolees are staying where they’re supposed to be.
3. Curfew Imposition:
Sometimes, parolees might have a curfew, which means they have to be home during specific hours of the day. This is often done to keep a closer watch on their activities, especially during times when there might be more risks. It’s a safety measure to help manage what they’re doing and ensure everyone stays safe.
4. Employment or Education Obligations:
Parole conditions often include a requirement to either have a job or be in some kind of educational or training program. This is to help parolees build stability, learn new skills, and become financially independent. It’s about supporting them in creating a better foundation for themselves.
5. Treatment and Counselling Participation:
More and more, an important condition that the parole system prioritises is mental health. This means that depending on what someone needs, the parole board may ask individuals to take part in different programs, like counselling or treatment for things like drug or alcohol issues. This is all about helping them address specific challenges they might be facing. It’s a way to support their overall well-being and give them the tools they need to succeed.
What happens if I breach parole conditions?
In Australia, breaching parole means not following the rules set by the parole order. This could include things like not reporting on time, not listening to Community Corrections’ reasonable directions, leaving the State without permission, or committing more crimes. For minor breaches, such as being late for a parole appointment, a parole officer, appointed by the parole board, has the power to give directions, record the breach, provide warnings, or even impose a curfew of up to 12 hours a day. They may submit a report to the State Parole Authority (SPA) outlining the breach and their recommendations.
If someone breaches their parole, the SPA has several options. They can choose to take no action, stand the matter over to follow court results or get updated information, issue a formal warning, add more conditions to the parole order, or impose a period of home detention for up to 30 days. In more serious cases, the SPA may revoke the parole order, leading to the offender’s arrest and return to custody. The specific action depends on the nature of the breach, emphasizing the importance of following parole conditions to successfully complete the parole period in Australia.
If you feel that you don’t quite understand how the parole officer and parole authorities work or they have done something unfair, contact us today! Jameson Law has some of the Australia’s preeminent parole experts. We understand the criminal justice system inside and out.
Aboriginal and Torres Strait Islander Australians and Parole
As the Australian Law Reform Commission has noted, the parole system in Australia presents distinct challenges for Aboriginal and Torres Strait Islander prisoners. Many eligible Indigenous individuals hesitate to apply for parole due to concerns about low approval rates and potential increased prison time on revocation. This leads to a disproportionate number serving their entire head sentences without parole, impacting correctional facilities and hindering effective reintegration into the community. Addressing these barriers is essential for equitable access to parole and supporting successful transitions for Indigenous Australians from prison to community life.
Travel while on Parole
Yes, individuals on parole in Australia can travel, but it is subject to specific conditions and permissions. Interstate travel is managed by the relevant state or territory agency, requiring parolees to check their parole order for details and seek permission from their parole officer. Overseas travel demands written permission from the Attorney-General or their delegate. Approval depends on factors like the purpose of travel and may be granted in urgent or exceptional circumstances during the initial parole quarter, with a maximum travel period of four weeks.
Later in the parole period, overseas travel is limited to legitimate reasons, with a maximum period of six weeks. Travel plans should be communicated through the parole officer, including detailed information about the purpose, itinerary, and accompanying individuals. Applications are reviewed case by case, involving agencies like the Commonwealth Director of Public Prosecutions and the Australian Federal Police. It is crucial for non-citizens to contact the Department of Home Affairs to ensure smooth return after travel.
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