Subdivision 2 Offenders other than serious offenders
136 Application of Subdivision
This Subdivision applies to offenders who are not serious offenders.
137 Consideration of parole when offender first eligible for parole
(1) The Parole Authority must consider whether or not an offender should be released on parole at least 60 days before the offender’s parole eligibility date.(2) Despite subsection (1), the Parole Authority may defer consideration of an offender’s case until not less than 21 days before the offender’s parole eligibility date if it is of the opinion:(a) that it is unable to complete its consideration because it has not been furnished with a report required to be made to it, or(b) that there are other relevant matters requiring further consideration.
137A Consideration of parole in subsequent years
(1) At any time within 90 days before an offender’s annual review date, the offender, if still eligible for release on parole, may apply to be released on parole.(1A) For the purposes of this section, an offender’s annual review date occurs on each anniversary of the offender’s parole eligibility date.(2) After receiving such an application, but not more than 60 days before the offender’s annual review date, the Parole Authority must consider whether or not the offender should be released on parole.(3) Despite subsection (2):(a) if the offender is unlawfully at large following revocation of parole, the Parole Authority is not required to consider the offender’s case until the offender is returned to custody, and(b) if the offender is unlawfully at large for the whole of one or more years following the revocation, the Parole Authority may decline to consider the offender’s case at all in relation to that year or those years, and(c) in any case, the Parole Authority may decline to consider an offender’s case for up to 3 years at a time after it last considered the grant of parole to the offender.
137B Consideration of parole so as to avoid manifest injustice
The Parole Authority may consider an offender’s case at any time after the offender’s parole eligibility date, and without the need for an application, in such circumstances as may be prescribed by the regulations as constituting manifest injustice.
137C Parole Authority may examine offender
(1) For the purpose of its consideration of an offender’s case, the Parole Authority may (but need not) examine the offender.(2) An offender is not entitled to make submissions to the Parole Authority at any meeting held by it for the purposes of this section, and consequently section 190 (1) does not apply to any such meeting.
138 Release of offender on parole
(1) As soon as practicable after deciding to release an offender on parole, the Parole Authority must make an order directing that the offender be released on parole on a day occurring during a period specified in accordance with subsection (1AA).(1AA) The period to be specified in a parole order under this section is to be:(a) if the order is made earlier than the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and(a1) if the order is made following an application by the offender referred to in section 137A, and is made before the offender’s annual review date (within the meaning of that section), a period beginning no earlier than the offender’s annual review date and ending no later than 35 days after that date, and(b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date.(1A) In determining a day on which to release a violent offender under subsection (1), the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.(1B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996.(2) Nothing in subsection (1) affects the power of the Parole Authority to amend or repeal an order as referred to in section 43 (2) of the Interpretation Act 1987.
139 Notice to offender of decision to refuse parole
(1) As soon as practicable after deciding not to make a parole order for an offender, the Parole Authority:(a) must give notice of its decision to the offender, and(b) must determine whether, in relation to any reconsideration of the matter:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted.(2) The notice must inform the offender of the following matters:(a) that the Parole Authority’s decision is not to make a parole order in relation to the offender,(b) that the offender may apply to the Parole Authority for the matter to be reconsidered,(c) that, if the offender makes such an application:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted,(d) that the Parole Authority will take into account any submissions by the offender when making its final decision on the matter.(3) The notice:(a) must indicate the address to which such an application should be sent, and the date by which such an application must be made, and(b) subject to section 194, must be accompanied by copies of the reports and other documents intended to be used by the Parole Authority in making its final decision.(4) An application by an offender under this section:(a) may be accompanied by written submissions in support of the application, and(b) if the notice to the offender states that there will be a hearing only if the application requests a hearing, may request a hearing.(5) If there is to be a hearing, the Parole Authority:(a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and(b) must give notice to the offender of the date, time and place for the hearing.
(1) At any hearing conducted by the Parole Authority pursuant to an application under section 139, the offender may make submissions to the Parole Authority as to whether or not the offender should be released on parole.(2) Submissions may be made orally or in writing and, if in writing, may be given to the Parole Authority either in advance of or at the hearing.(3) The Parole Authority may postpone or adjourn a hearing for any reason that seems appropriate to it.
(1) After reviewing all the reports, documents, submissions and other information placed before it, the Parole Authority must decide:(a) whether or not the offender should be released on parole, or(b) whether, for reasons specified by the Parole Authority in its minutes, the question of whether or not the offender should be released on parole should be deferred.(2) The question of whether or not the offender should be released on parole:(a) may be deferred once only, and(b) may not be deferred for more than 2 months.(3) If the Parole Authority decides that the offender should be released on parole, the Parole Authority must make an order directing the release of the offender on a day occurring during a period specified in accordance with subsection (3AA).(3AA) The period to be specified in a parole order under this section is to be:(a) if the order is made earlier than the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and(b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date.(3A) In determining when a violent offender should be released, the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.(3B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996.(4) If the Parole Authority decides that the offender should not be released on parole, the Parole Authority:(a) (Repealed)(b) must cause notice that it does not intend to make a parole order to be served on the offender.
141A Submissions by Commissioner
(1) The Commissioner may at any time make submissions to the Parole Authority concerning the release on parole of an offender.(2) If the Commissioner makes any such submission before the Parole Authority makes a final decision concerning the release of the offender, the Parole Authority must not make such a decision without taking the submission into account.(3) If the Commissioner makes any such submission after the Parole Authority makes a final decision concerning the release of the offender, but before the offender is released, the Parole Authority must consider whether or not it should exercise its power under section 130 to revoke the relevant parole order.(4) The regulations may make provision for or with respect to submissions by the Commissioner under this section, including provisions relating to the application of this Subdivision in connection with any such submission.