South Australian Current Acts South Australian Current Acts67—Release on parole by application to Board
(1) This section
applies to a prisoner if—
(a)
section 66 does not apply to the prisoner; and
(b) a
non-parole period has been fixed for the prisoner; and
(c) the
prisoner is not serving a sentence of indeterminate duration.
(2) If this section
applies to a prisoner—
(a) the
prisoner; or
(b) the
CE, or any officer or employee of the Department authorised by the CE,
may apply in the prescribed manner to the Board for the prisoner's release on
parole.
(3) An application
cannot be made under subsection (1) more than six months before the
expiration of the non-parole period fixed in respect of the prisoner's
sentence.
(3a) The paramount
consideration of the Board when determining an application under this section
for the release of a prisoner on parole must be the safety of the community.
(4) The Board must
also take the following matters into consideration when determining an
application under this section:
(a) any
relevant remarks made by the court in passing sentence; and
(b) the
likelihood of the prisoner complying with the conditions of parole; and
(c)
where the prisoner was imprisoned for an offence or offences involving
violence, the circumstances and gravity of the offence, or offences, for which
the prisoner was sentenced to imprisonment (but the Board may not substitute
its view of these matters for the view expressed by the court in passing
sentence); and
(ca) if,
in relation to an offence for which the prisoner was imprisoned, there is a
registered victim—the impact that the release of the prisoner on parole
is likely to have on the registered victim and the registered victim's family;
and
(cb) in
the case of a prisoner who is serving a sentence of life imprisonment where
the Board is informed of the impact that the release of the prisoner on parole
is likely to have on a victim of an offence for which the prisoner was
imprisoned (other than a registered victim) and the victim's family—that
impact; and
(d) the
behaviour of the prisoner while in prison or on home detention; and
(e) the
behaviour of the prisoner during any previous release on parole; and
(f) any
reports tendered to the Board—
(i)
on the social background, or the medical, psychological
or psychiatric condition, of the prisoner;
(ii)
from the CE (including recommendations (if any) as to the
conditions that should, in the opinion of the CE, be imposed by the Board
on the prisoner's release on parole); and
(g) the
probable circumstances of the prisoner after release from prison or
home detention; and
(h) any
other matters that the Board thinks are relevant.
(4a) Information as to
the impact referred to in subsection (4)(ca) or (cb) may be provided
to the Board by the registered victim, other victim or family member (as the
case requires) or on their behalf by the Commissioner for Victim's Rights.
(5) Subject to
subsections (6) to (7b) (inclusive), the Board may, on an application
under this section, order that a prisoner be released from prison on parole on
a day specified in the order.
(6) Without derogating
from subsections (3a) and (4), the Board must not order that a
prisoner serving a sentence of life imprisonment for an offence of murder be
released on parole unless the Board is satisfied that the prisoner has
satisfactorily cooperated in the investigation of the offence (whether the
cooperation occurred before or after the prisoner was sentenced to
imprisonment).
(7) For the purposes
of subsection (6), the Board must take into account any report tendered
to the Board from the Commissioner of Police evaluating the prisoner's
cooperation in the investigation of the offence, including—
(a) the
nature and extent of the prisoner's cooperation; and
(b) the
timeliness of the cooperation; and
(c) the
truthfulness, completeness and reliability of any information or evidence
provided by the prisoner; and
(d) the
significance and usefulness of the prisoner's cooperation.
(7a) If the Board
orders the release on parole of a prisoner of a prescribed class—
(a)
the Board must provide a copy of the order and a written statement of the
reasons for making the order to the following persons:
(i)
the CE;
(ii)
the prisoner;
(iii)
the Attorney-General;
(iv)
the Commissioner of Police;
(v)
the Commissioner for Victims' Rights;
(vi)
if, in relation to an offence for which the prisoner was
imprisoned, there is a registered victim—the registered victim, unless
the victim has indicated to the Board that he or she does not wish to be so
notified; and
(b) the
day of release specified in the order must be a day that falls after the
period within which an application for review of the order under Division 4
may be made.
(7ab) The Board must
not, in providing reasons to a prisoner under subsection (7a)(a)(ii),
disclose to the prisoner information relating to a victim of an offence for
which the prisoner is serving a sentence of imprisonment or a member of the
victim's immediate family.
(7b) If an order for
release on parole of a prisoner of a prescribed class is stayed by operation
of section 77F(1) (as a result of an application for review of the order
being made under Division 4), the release of the prisoner will not take effect
on the day specified in the order (and, a copy of the application for review
served on the CE is sufficient authority for the continued detention of the
prisoner in custody pending determination of the review).
(8) The Board cannot
specify a release date under this section that is earlier than the day on
which the prisoner's non-parole period expires.
(9) The Board must,
not more than 30 days after refusing an application by a prisoner for release
on parole, notify the prisoner in writing of—
(a) its
refusal; and
(b) the
reasons for its refusal and of any matters that might assist the prisoner in
making any further application for parole; and
(c) a
date, not less than six months or more than one year after the date on which
the Board refuses the application, before which the Board will not accept any
further application by the prisoner for release on parole.
(10) The Board is not
obliged to (but may, if in its opinion good reason exists for doing so) accept
a further application by a prisoner for release on parole before the date
notified by the Board under subsection (9).
(11) For the purposes
of subsection (6), a reference to an
"offence of murder" includes—
(a) an
offence of conspiracy to murder; and
(b) an
offence of aiding, abetting, counselling or procuring the commission of
murder.
(12) In this
section—
"prisoner of a prescribed class" has the same meaning as in Division 4.