New law ensures high-risk offenders living in the community are safely managed
Parliament has passed critical legislative changes to the Parole Act, empowering the Department of Corrections to safely manage a small number of high-risk groups of offenders residing in the community.
Minister of Corrections Kelvin Davis announced this development. He cited a recent High Court judgment which found that the Parole Act 2002 prevents people on extended supervision orders with programme conditions from living with their programme providers in the community.
The impact of this judgment was felt most acutely by those under extended supervision orders with both programme and residential conditions. Residential conditions dictate where an individual must live, often accompanied by when they must be at their residence. Programme conditions mandate individuals to participate in rehabilitative and reintegrative activities to mitigate the risk of further offences.
Offenders on an extended supervision order residing with their programme providers through a combination of these conditions is a longstanding and effective practice. It ensures these people have wrap-around support and supervision in a safe, stable and structured environment during their reintegration process.
The Parole Amendment Bill has now been passed and rectifies this issue by amending the Parole Act 2002.
Minister Kelvin Davis underscored the importance of these adjustments, particularly for individuals with a history of severe sexual and violent offences who must be released after serving their sentences.
“They remain at high risk of committing further offences, and public safety must always be the top priority. This change will ensure that and continue to ensure these people receive the support they need,” Davis said.
Additionally, the new law has introduced a critical provision requiring the New Zealand Parole Board to regularly review program conditions for affected offenders at least every two years, ensuring that they continue to be appropriate for the person and are no more restrictive than necessary.
The Department of Corrections currently manages approximately 27 people subject to an extended supervision order who have their programme and residential conditions delivered by the same provider.
Community housing services on prison land are an example of where people are receiving daily reintegration support from their accommodation provider in the place they live. The government emphasizes that the new law ensures people can continue living at these accommodation services. These are critical to ensuring effective supported reintegration, reducing reoffending and keeping communities safe.
Source: thelawyermag.com
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