What Happens After Parole? Parole And Non Parole In New South Wales

When a court imposes a prison sentence after a plea of guilty or a finding of guilt it will, in most cases, specify the total effective sentence encompassing a non-parole period and parole period. This article attempts to demystify the laws on parole and non-parole in New South Wales.

What is non-parole?

The non-parole period is the minimum amount of time the sentenced offender must serve in actual prison (also known as custody) before becoming eligible to apply for parole. Offenders only become eligible for parole once they have served the non-parole period of their sentence.

What is Parole?

Parole is the period of imprisonment term that is to be spent outside of custody and in the community under the supervision of community correctives. It is engaged after the expiry of the non-parole period of the sentence term. If parole is granted, it comes with certain conditions. Breach of those conditions can result in parole being revoked and the offender sent back into custody to serve the remainder of the sentence in custody.

The total effective sentence is the full length of the sentence, including the non-parole period and the parole period.

Once an inmate becomes eligible to be released on parole, they can be released via a statutory order which is court imposed, or by an order of the NSW State Parole Authority. The avenue for release is dependent on the length of the total effective sentence.

If the total effective sentence imposed by the court is longer than 3 years and 1 day, the NSW Parole authority will decide if the inmate is to be released on parole, and if so, what parole conditions to impose. There is no automatic release on parole upon the expiration of the non-parole period here.

If the total effective sentence of imprisonment imposed by the court is 3 years or less- the court cannot order for the offender’s release upon expiration of the non-parole period. The sentenced offender has a right to be released on parole upon expiration of the non-parole period, pursuant to section 158(1) of the Crimes (Administration Sentences) Act 1999 (NSW).

If the total effective imprisonment sentence imposed by the court is over 6 months- the court is required to also impose a non-parole and parole period. As a general rule of thumb, the parole period must not exceed 1/3 of the non-parole period of the sentence, unless the court finds that the case has “exceptional circumstances” in order for the court to be permitted to increase the ration of parole period to non-parole period.

If the total effective imprisonment sentenced the court has imposed is 6 months or less, no parole period applies. This will mean that the sentenced offender must serve the entire term of the sentence in custody.

In the most serious of cases, the court may state the term of imprisonment is imposed without the possibility of parole.

Regardless of the period or term of the imprisonment sentence, where a non-parole period is set by a court, in order for the offender to be officially granted parole, section 126 of the Crimes (Administration Sentences) Act 1999 (NSW).

What is the Process for Release on Parole?

An inmate does not need to apply for parole in the first instance, because section 137 of the Crimes (Administration of Sentences) Act 1999 (NSW) stipulates that in most circumstances the NSW Parole Authority must consider if the inmate should be released on parole at least 60 days before the inmate first becomes eligible for parole.

There are exceptions to this rule set out in section 137 of the Crimes (Administration of Sentences) Act 1999 (NSW). For example, if the NSW Drug Court has revoked the inmates compulsory drug treatment order, the NSW Parole authority can delay its consideration to less than 60 days. The NSW Parole authority can defer consideration until not less than 21 days prior to eligibility for release if it has not been furnished with a report or other relevant matters requiring consideration is not provided.

Under section 137A of the Crimes (Administration of Sentences) Act 1999 (NSW), if the NSW Parole Authority decides that an inmate is not going to be released on parole, the inmate can later apply for release at any time within 90 days before their annual review date. The annual review date is the anniversary of the offenders parole eligibility date.

However, the NSW Parole authority has the right to refuse consideration of parole for up to 3 years after the last date of consideration and refusal to release on parole.

What Does the NSW Parole Authority Consider When Determining Parole?

The NSW Parole authority must not make a parole order directing release of an offender unless it’s satisfied that it is in the interests of community safety pursuant to section 135 of the Crimes (Administration of Sentences) Act 1999 (NSW).

When the NSW Parole authority considers this, it must have regard to some principal matters, being the risk to the safter of the community if the offender is released on parole; if the release of the offender is likely to address the risk of the offender reoffending; and the risk to the community safety if the offender is released at the end of the expiry of the total effective sentence or at a later date with supervised parole: section 135(2) of the Crimes (Administration of Sentences) Act 1999 (NSW).

Section 135(3) of the Crimes (Administration of Sentences) Act 1999 (NSW) outlines the mandatory considerations by the NSW Parole authority when determining whether it is in the interests of the community safety to release an offender. These are the following non-exhaustive matters:

• The nature and circumstances of the offence for which the offender has been sentenced;
• Any relevant comments made by the sentencing court when the sentence was being handed down;
• The offender’s criminal history;
• The likely effect of the offender being released on parole on the victim or the victim’s family, noting that the victim or their family can make public or confidential written or verbal submissions which are considered during the decision making process;
• Any report prepared by a community corrections officer about the granting of parole;
• If the NSW Drug Court has notified the Parole Authority that it has declined to make a compulsory drug treatment order because there is a risk that the offender’s participation in the program will damage the program, or any other person’s participation in it, the circumstances of that decision by the NSW Drug Court;
• If there has been an application made in respect of the offender (even if not finally determined) for an Extended Supervision Order or Continuing Detention Order
• For serious offenders, any other report prepared by (or on behalf of) the Serious Offenders Review Council (SORC) or any other authority of the State about the potential release of the inmate on parole;
• For a terrorism related offender, determination of whether the NSW State Parole Authority is satisfied that the offender will not engage is or incite or assist other to engage in terrorist acts or violent extremism, including advice on this question from NSW Police or any other public authority in law enforcement, security or anti- terrorism
• If the offender has provided post-sentence assistance, the nature and extent of that assistance including the reliability and value of it and the degree the offender is willing to provide such assistance that reflects his or her progress to rehabilitation.

No Body No Parole Laws

Pursuant to section 135 of the Crimes (Administration of Sentences) Act 1999 (NSW), the no body no parole laws state that parole cannot be granted to an offender who has been convicted of a homicide offence in circumstances the body or remains of the victim of the offence have not been located, unless the NSW Parole Authority is satisfied that the offender has cooperated satisfactorily in police investigations or other actions to identify the victim’s body.

What Happens After Parole is Denied?

If the Parole Authority decides not to grant parole, they must give the inmate notice of the decision in writing, notify the inmate that they can request a reconsideration of the matter; if the inmate requests reconsideration, there will be a hearing irrespective of whether the inmate requests it or not; or there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted, pursuant to section 139 of the Crimes (Administration of Sentences) Act 1999 (NSW).

What happens after parole is granted?

If you are granted parole, you will be notified of your release date and conditions of your parole.

When you are granted parole, the NSW Parole Board will make a Parole Order, which sets out the conditions you must comply with while you are on parole.

Parole Conditions

After Parole is granted, the offender while released back into the community will also be required to comply with certain parole conditions. In NSW every Parole Order has 11 standard conditions. Every person on parole must comply with the following standard conditions:

• You must be of good behaviour.
• You must not commit any further offences.
• You must adapt to normal lawful community life when you are first released on parole.
• You must report to a community corrections officer at a time and place directed, or if you have not been given a direction, to a Community Corrections office within 7 days of your release.
• While your parole is supervised you must report to a community corrections officer at the times and places directed by the officer.
• You must comply with all reasonable directions from a community corrections officer about each of the following:
• The place where you will live
• Participating in programs, treatment, interventions or other related activities
• Participating in employment, education, training or other related activities
• Not undertaking specified employment, education, training, volunteer, leisure or other activities
• Not associating with specified people
• Not visiting or frequenting specified places or areas
• Ceasing drug use
• Ceasing or reducing alcohol use
• Drug and alcohol testing
• Monitoring your compliance with the parole order
• Giving consent to third parties to provide information to the officer that is
• You must comply with any other reasonable directions from a community corrections officer.
• You must permit a community corrections officer to visit you at the place where you live at any time and permit the officer to enter the premises when they visit you.
• You must notify a community corrections officer if you change your address, contact details or employment. You must do this before the change occurs if practicable, or within 7 days of the change occurring.
• You must not leave New South Wales without permission from a community corrections manager.
• You must not leave Australia without permission from the State Parole Authority.

Parole Orders can also have additional conditions. If you are subject to additional conditions, you must comply with them. Additional conditions can include the following, noting that there are additional conditions that the Parole Authority can impose extending beyond this list:

• You must submit to electronic monitoring
• You must abstain from alcohol
• You must refrain entirely from gambling and must, if so directed by your Officer, seek assistance/counselling in controlling your gambling.
• You must enter and complete a specified residential rehabilitation Centre program or other intervention program
• You must comply with all directions of the mental health team, including treatment and medication.
• You must not engage in any activity, paid or unpaid, involving the control of money or assets of other people or organisations.
• You must not contact, communicate with, watch, stalk, harass or intimidate the victim/s and/or the victims’ family except with the express written prior approval of your Officer.
• You must not be in the company of a person under the age of 16 years unless accompanied by a responsible adult and approved by your Parole Officer, including through written or electronic communication (including through social media).
• You must not contact, communicate or associate with your co-offender/s, without the express written prior approval of your Officer.
• You must not contact or communicate with Outlaw Motorcycle Gang or associates;
• You must also not visit or frequent any Outlaw Motorcycle Gang premises frequented by members and associates of Outlaw Motorcycle Gang.

At the expiry of the parole period, the convicted offender no longer has any conditions required to be complied with and has been considered to have served his or her time for the crime.

Can Parole Be Revoked?

If you fail to comply with your parole conditions, the NSW Parole Authority can revoke parole and issue a warrant for your arrest. The NSW Parole Authority can also impose a period of home detention of up to 30 days.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.