Parole Services
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;
- 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:
- He is sentenced to prison for not less than three years and has served not less than one year.
- He is sentenced to prison for three years or more and has served not less than one third of his sentence.
- He is sentenced to life imprisonment or detention and has served not less than ten years.
- 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.
- To grant orders for the release of detainees on parole where appropriate;
- 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.