Various forms include: conditional release and other forms of compassionate releases
In some countries offender can be returned
Violate the conditions of parole
Conditions poses threat to society
Parole Practices by Different Countries (1)
U. S. A.
Parole Board Decisions
discretionary release influenced by rehabilitation which the Parole Board considers factors such as participation in treatment programmes, readiness for the community, seriousness of the offence & availability of suitable employment.
Mandatory release is determined on the basis of the sentence or parole guidelines.
Elderly: 60 years old or over requiring 24 hour skilled nurse;
Terminally ill: incurable condition that will result in death within 6 months regardless of the use of life sustaining treatment and requiring 24 skilled nurse;
Physically handicapped: specified categories and also requiring 24 hour skilled nurse;
Mentally ill: as defined in the policy; and
Mentally retarded: as defined in the policy.
Parole Practices by Different Countries (2)
United Kingdom
Compassionate Release on medical grounds granted by the Secretary of State in consultation with the Parole Board.
Criteria for release on medical grounds:
-The offender is suffering from a terminal illness and death is likely to occur very shortly (3 months considered appropriate period)
-The risk of offending minimal
-There are adequate arrangements for the prisoner’s care and treatment outside
Compassionate License is a form of temporary lease designed to help offenders deal with urgent personal matters, such funerals, visits to close family members that are near to death, domestic crisis and urgent hospital appointments.
Parole Practices by Different Countries (3)
New Zealand
The New Zealand Parole Board is independent statutory body. The makes decisions on the release of offenders from prison and home detention.
Circumstances for consideration before parole eligibility date:
-Home detention is when an offender serves part of their prison sentence at an approved address. Offenders under home detention may work but wear an electronic device allowing their movements to be monitored.
-Compassionate release is when an offender applies for release from correctional center due to either giving birth or terminal illness. An offender may also apply if he or she is subject to a sentence of six months incarceration or less and proposes to undertake a course of full-time study that commences before the release date.
-Extended Supervision Order: The Department of Correctional Services is able to apply to court for intensive supervision of eligible offenders convicted of certain sexual offences for up to 10 years after they have been released.
-Postponement Orders: When the Board considers an offender not suitable for release on parole.
-Section 107 Orders: When the Department of Correctional Services applies to have an offender kept in custody beyond their release date.
-Reviews: When an offender applies to have the Board review a decision made at hearing.
Parole Practices by Different Countries (4)
Canada
The National Board makes decisions of conditional release of inmates on the basis of risk assessment, risk prediction and risk reduction.
Conditional Release programs include:
-Full Parole: Offenders after the 1/3 point of their sentence can apply to serve a portion of their sentence in the community.
-Day Parole: Granted for short periods of time, up to a maximum of 4 months.
-Temporary Absence: Either escorted and unescorted temporary absence is granted to offenders for medical, compassionate, administrative and family contact purposes. They can last from a few hours to 15 days.
Detainees not considered for parole are thought to likely commit another offence causing death or serious injury if released; those convicted of serious drug offence and sex offenders.
Parole Practices by Different Countries (5)
Ireland
Compassionate Temporary Release: Granted in the case of death of member of offender’s immediate family or critical illness of a member of the offender’s immediate family.
Temporary release for Medical Purposes: It applies to both sentenced and unsentenced inmates. Consideration is given for temporary release for in-patient and out-patient hospital care because such care cannot be provided in the correctional center.
Home Visits: Granted in circumstances where member of the offender’s immediate family is chronically ill and house bound - unable to visit the offender.
The use of Parole in South Africa (1)
The South African Correctional Services Act 111 of 1998 provides for three kinds of parole namely: full parole, day parole and medical parole.
Full Parole: A period whereby an offender who has served the prescribed minimum detention period of his or her sentence in a Correctional Centre is conditionally released to serve the remaining sentence in the community under the supervision and control of the Department.
The use of Parole in South Africa (2)
Day Parole: A day parole is a management mechanism preceding the full parole intended to gradually assist an offender to be released into the community under controlled circumstances.
Day parole is not widely used in South Africa because of the capacity problems.
The correctional centres currently do not have facilities to house day parolees without interfering with the lock-up times of the general offender population.
The use of Parole in South Africa (3)
Medical Parole: The Correctional Services Act of 1998 provides for parole on medical grounds to any person serving any sentence in a prison and who, based on the written evidence of the medical practitioner treating that person, is being diagnosed as being in the final phase of any terminal disease or condition may be considered for placement under correctional supervision or on parole, to die a consolatory death.
In 2007/8 a total of 36% passed on whilst in the system of Community Corrections
Temporary Release: release into custody of the family normally for compassionate reasons – only when parole date have been set.
