Parole applications and conditions

If you get a custodial sentence of over 12 months it usually has a fixed non-parole period.

You must spend the non-parole period in custody, usually at the Alexander Maconochie Centre.

You are not automatically granted parole. If granted:

• you will serve the rest of your sentence in the community
• there are conditions for the remaining time of your sentence
• ACT Corrective Services will supervise you.

The Sentence Administration Board (SAB) can cancel a parole order if you:

• do not comply with your parole conditions
• are convicted of a fresh criminal offence.

Apply for parole

You are eligible to apply to us, the Sentence Administration Board, for parole 6 months before the end of your non-parole period. We will write to you when you can apply.

You must apply in writing and we will consider your application.

How we decide to grant parole

We can only make a parole order if we think it is appropriate.

When we decide if you will be granted parole or not, we consider:

• the interest of the community and safety
• the rights of the victim
• the risk of further offending
• your rehabilitation needs.

The Crimes (Sentence Administration Act) 2005 lists what we must consider, and includes things like:

• the sentencing court's comments
• the offender’s criminal history
• victim concerns and safety
• reports given to us, particularly by ACT Corrective Services
• behaviour in custody and participation in activities and programs in custody
• likelihood of reoffending and complying with conditions of a parole order
• the contribution parole can make to lawful community life
• any special circumstances for example health issues.

You must have accommodation approved by ACT Corrective Services.

We can also consider anything else relevant.

We consider the Human Rights Act when making parole decisions. This includes balancing your rights with other members of the community.

Parole inquiry

When we get your application we will check if it is eligible for us to accept.

If we accept your application we will hold an inquiry. Find out about the inquiries and hearings process.

We will gather some information to help during the inquiry. This includes:

• pre-release report from ACT Corrective Services
• reports from your time in custody, for example if you took part in any programs or treatment. This could be drug and alcohol programs or sex offender treatment programs
• submissions from any victims
• what supports are available to you in the community
• a case plan to reduce your risk of reoffending and help you transition back into the community.

We must consider your application at an inquiry before holding a hearing. Only Sentence Administration Board members attend the inquiry, you do not need to be there.

We will review the information we have and decide:

• it is appropriate to release you on parole
• to issue a Notice of Hearing because we need more information before we can decide.

If we grant parole at the inquiry stage we will make a written parole order.

The order will include your parole conditions and your release date. The release date will normally be the date of end of your non-parole period. If that has passed, it will be a date soon after the parole decision. The Sentence Administration Board may choose another release date if it is appropriate.

Parole hearing

If we need more information to decide on your parole application we will issue a Notice of Hearing. Find out about the inquiries and hearings process.

The Notice of Hearing will include the things we need more information about.

You can attend the hearing or write a submission, or both. You do not have to attend the hearing. If you do not attend and you do not send a written submission your parole application will be unsuccessful.

We will talk to you and other people about the issues we need more information about.

We want to know that you:

• understand your circumstances
• are motivated to work on the issues that led to your offending
• can comply with a parole order.

Parole decision at a hearing

We will make our decision when we have enough information. You will go to the court cells after the hearing until we are ready to tell you our decision.

We must either grant or refuse parole.

• If you are granted parole we will give you a written parole order and tell you your release date. We will also tell you any additional parole conditions.
• If you are refused parole you will stay in custody. We will explain the reasons why and what you should do before you apply again.

Parole conditions

When you are released on parole you will have conditions. The conditions aim to:

• protect victims and the community
• support you to adjust to a lawful life in the community
• support your ongoing rehabilitation.

Core parole conditions

Core parole conditions apply to everyone who gets parole. We cannot remove or change these conditions You will be told all the conditions, but they include that you:

• cannot commit a new offence in the ACT or elsewhere
• report to your community corrections officer at agreed times
• do not use a prohibited substance or medicine, including cannabis
• must not leave Australia without written permission from us.

Additional parole conditions

There may be more conditions that are to protect the victim or support you. They could include you:

• have a curfew that requires you to be at your approved accommodation
• attend or stay at a drug rehabilitation facility
• complete a rehabilitation program
• attend services for support and treatment.

We can review and change additional conditions at any time during the parole period. This can be because:

• you breached your parole conditions
• you finish a program or treatment.

You can also apply to us to ask to remove or alter an additional condition if you think it is no longer needed.

Offenders without a valid visa

You can still apply for parole even if you do not have a valid visa to remain in Australia. We will consider your parole application in the same way.

If you are granted parole Australian Border Force may take you into their custody.

We will arrange an interpreter if you need one for your parole hearing.

Breaches of parole

While you are on parole you must report to your community corrections office and follow your parole conditions.

• ACT Corrective Services will tell us about any alleged breach of parole. They will send us a written report explaining what happened.
• A police officer may arrest you if they think you have breached your parole.
• A judge or magistrate may issue a warrant for your arrest if they think you have breached or may breach a condition of your parole.

Breach of parole hearing

When we receive a breach report we will:

• give you written notice of a breach hearing
• send you the report.

You can read more about hearings.

If the breaches are proved, we can:

• take no further action
• give you a warning about following parole conditions
• give directions about your supervision to your community corrections officer
• change your parole order by imposing or amending an additional condition of the parole order
• cancel your parole order.

We want you to successfully complete your parole order. Your breach hearing is more likely to have a positive outcome if you:

• are honest with ACT Corrective Services and with us
• can explain why you breached your parole condition
• have a plan to address the breach with your community corrections officer

We are likely to cancel a parole order if we decide that parole is no longer suitable for you.

If you commit an offence during your parole period that carries a custodial sentence, we must automatically cancel your parole. This means you go back into custody.

Cancelling a parole order

You will return to custody if we cancel your parole order. We will explain the reasons why we are cancelling your parole.

We will also tell you the end date of your sentence. You may be entitled to parole time credit, also known as ‘clean street time’. This recognises some, or all, of your time on parole as time served against your sentence.

You may reapply for parole. We will expect your new parole application to address the reasons why we had to cancel your parole.