Parole Act was passed by Parliament in 1991. Parole is a significant aspect of the criminal justice system in Papua New Guinea. It was introduced into the criminal justice system in 1992 for community based correction and rehabilitation in criminal justice administration with the enactment of the Parole Act 1991 (No. 16 of 1992).

The Parole Board established under Section 3 of the Act and comprised of three Board members, a lawyer, who shall be a Chairman, a person nominated by the Commissioner, a person nominated by the Departmental Head appointed in accordance with the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004.

The Parole Service was established under Section 10 of the Parole Act 1991, is given the responsibility to administer the system of parole, headed by the Chief Parole Officer, Parole officers and the Voluntary Parole officers.

The Parole system was intended to be built on PNG customs and values such as restorative justice approaches and institutions so that the community can be fully involved in the rehabilitation and reintegration of offenders. Formal recognition of existing services which are already integrating Papua New Guinean values and methods in providing social rehabilitation services are to be embraced through minimal support through the state.

The success and effectiveness of the parole system in criminal justice administration depends very much on the collaboration and strong cooperation of all institution of government and NGOs and our communities to pull together in one direction – to ultimately provide a just, safe and secure society for all to live in.

The staff of Probation & Parole Services who are responsible for the preparation of Pre – Parole Reports and are eventually responsible for the supervision of the prisoners whilst on parole and it is the Correctional Services officers who prepare the Detainee Assessment Reports based on a system of classification of prisoners in all the jails which must classify all prisoners and only those prisoners who are classified as low risk prisoners may be recommended for parole.

What is Parole?

Parole allows a prisoner to serve part of their sentence of imprisonment in the community. While on parole, a prisoner will be subject to parole conditions and under supervision. Serving part of the prison sentence in the community under parole, supports the prisoner to reintegrate into the community with the aim of improving community safety.

A prisoner who is eligible for parole can only be released on parole if the Parole Board makes a decision to grant parole and set the conditions of parole. In considering whether to grant parole, the Board is required by law to treat the safety and protection of the community as the paramount consideration.

Parole is based on three basic principles

• Privilege            The Offender could be kept in prison for the full term of his
                             sentence, but the Parole Board has decided to grant the detainee
                             the privilege of a conditional release into the community because
                             the Parole Board feels that the offender has a good chance of
                             successfully integrating back into the community.

• Contract          The Board makes an agreement with the detainee that it will
                            release him in return for his promise to abide by certain conditions,
                            through the parole conditions imposed as part of the parole

• Status as a Prisoner  Even though the parolee is now released into the community, he is
                                      still considered to be under the supervision and control of a Parole
                                      Officer. Therefore, he must comply with the conditions set for his
                                      released into the community.

Parole Board

The Parole Board is made up of three members – a Chairman who is also a lawyer, a person nominated by the Commissioner of Correctional Services and a person nominated by the Secretary, Department of Justice & Attorney General. All three members are appointed by the Minister for Justice and Attorney General.

Roles & Functions of the Parole Board

The Board will meet as often as is required to hear Parole applications or breaches. A quorum for the Board is all three members. Meeting of the Board are not open to public.

Section 7 (1) of the Parole Act 1991 outline the function to be carried out by the Board;

1. To consider the case of detainees who are eligible for parole in accordance with Section 17, and applications for parole under Section 22;

A detainee is eligible for parole when;

1. He is sentenced to prison for not less than three years and has served not less than one year.
2. He is sentenced to prison for three years or more and has served not less than one third of his sentence.
3. He is sentenced to life imprisonment or detention and has served not less than ten years.
4. Correctional Service staff will notify the Parole Board of the detainee’s name as well as of the detainees of his conviction and sentence at least six months before a detainee becomes eligible for parole.

1. To grant orders for the release of detainees on parole where appropriate;
2. Other functions which are required under the Act such as the preparation of statistics, Annual Reports and holding hearings for breaches or applications for variation of additional Parole conditions.

Roles and Functions of the Parole Board Secretariat

The Parole Board Secretariat supports the Parole Board of Papua New Guinea through the provision of administrative support including Board’s functions in accordance with Board’s statutory obligations under the Parole Act 1991 relating to the operations of the Board.

The key responsibilities of the Parole Board Secretariat

• Plan and use effective strategies to ensure secretariat staff and Board Members are informed of all requirements
• Allocate, prioritize and qualify assure work produced by secretariat staff to ensure it is compliant with legislation, procedures, policies and associated delegations.
• Ensure resources and equipment are provided to deliver services
• Implement systems and processes to monitor performance in relation to the quality and accuracy of information provided by the Parole officers and Parole Correctional Service officers relating to all parole Board matters in accordance with designated procedures and legislative requirements
• Contribute to the development and operation of a sound reporting and auditing framework for the secretariat to ensure it operates effectively
• Ensure correspondence prepared by parole officers and Correctional Service Parole officers is in compliance with the requirements of the Parole Board
• Manage the preparation of complex submissions and reports, briefing notes, presentations and correspondence as required
• Provide significant input to the development of the Parole Board Annual Report.

Establishment of Parole Service

The Parole Service is established by an Act of Parliament entitled the Parole Act 1991. The Act was passed by Parliament in 1991 to provide for a system of parole which will contribute to the maintenance of a just, peaceful and safe society by facilitating the integration of offenders into the community as law-abiding people, and for related purposes.

Objectives

1. To allow prisoners with good chances of rehabilitation to be released from prison under the supervision of a Parole officer and with certain mandatory and additional conditions to comply with;
2. To assist detainees in their efforts to successfully reintegrated into the community after being placed in prison for an offence.
3. To involve the community through the use of Volunteer Parole officers and other agencies whose services can assist the offender achieve the goals of reintegration and rehabilitation;
4. To help decrease the incidence of recidivism (repeat offenders).
5. To assist the community to cope with convicted offenders by having them live in the community under supervision where they will end up after their release from prison to see if they can learn to live there without causing further trouble. The fact that the parolee is under supervision allows the community to test the offender whilst at the same time giving their support to him so that he has a real chance to live there in harmony while building a productive and constructive life for himself.

Role of Parole Officer

1. To prepare Pre- Parole Reports when directed and to make an assessment of the offenders chances for successfully reintegrating back into the community and living a law abiding life in those reports.
2. To supervise parolees who are granted parole by the Parole Board and to ensure their compliance with all the conditions of their parole order.
3. To enforce the conditions of the Parole Order by ensuring that appropriate action is taken promptly when required (breaches, reviews, or discharge upon the successful completion of the parole term).
4. To supervise Volunteer Parole officers (VPOs) who are appointed to supervise parolees within their communities and ensuring that all parole conditions are complied with.
5. To ensure that VPOs understand their roles and duties when supervising parolees.
6. To keep proper and up – to – date case files on all parolees supervised.
7. To maintain accurate and up – to – date registers and records.

Role of Correctional Services Parole Officer

1. To calculate eligibility dates of detainees at the time of commitment to the institution.
2. To calculate the 6 months before eligibility date for the purpose of completing Form 3 so the Parole Board can be advised of the date that the detainee will become eligible for parole.
3. To ensure that the detainee’s name is placed on the Parole Eligibility Roll so that his name will be noted 6 months prior to his eligibility date.
4. To prepare Detainee Assessment Reports on detainees when requested to do so by the Parole Board.
5. To inform detainees of the decision of the Parole Board about parole and about the Parole Board’s decision on breaches.
6. To keep detainees who are granted parole in custody until the Parole Officer explains his parole order to him and signs the Release of Parolee from Detention form and arrange for the detainee’s personal belongings to be released.

What is the difference between Parole and Probation?

Parole is granted by the Parole Board after the Detainee has served part of a prison sentence in a correctional institution. The decision to grant or deny parole is made by the Parole Board after the Parole Board receives reports and information on the offender.

Probation is a Sentence (Punishment) of the Court and can only be imposed by a Judge or Magistrate. Some offenders are placed directly on probation when sentenced by the Court and others are sent to jail for a specified periods and are given an additional sentence of Probation to serve after they have served their jail sentence. When Judges or Magistrates give a jail sentence and a period of probation to an offender the jail sentence is usually for a shorted term.

Both Parole and Probation are served in the community by the offender under the supervision of either a Parole officer or a Probation officer.