Parole consideration

In NSW, inmates are eligible for parole once they have served time they must spend in prison (the non-parole part of their sentence) handed down by the Sentencing Judge. 

Offenders can be released on either on a State Parole Authority parole order OR a statutory (court-imposed) parole order.

The Authority makes parole orders for inmates with prison sentences longer than than 3 years and 1 day.

Inmates with prison sentences less than 3 years or less are automatically released on parole on a statutory parole order at the end of the non parole period of their sentence..  

But the Authority has legal powers to revoke parole for any offender who breaches their parole conditions.

In NSW inmates don't apply for their first parole hearing. The law says the Authority must consider an offender for parole ahead of their eligibility date. The process of assessing suitability for parole begins at least 60 days before an offender's eligibility date.

The Authority must make a final parole decision no later than 21 days before an offender's eligible date of release.

The law requires every eligible inmate must be considered for parole when their time comes but release is not a given. 

When an inmate comes up for parole consideration, the Parole Authority holds a closed meeting.  

It is called a closed meeting because only the five panel members of the Parole Authority attend this process. Offenders and their legal representatives don't attend.

The process of deciding parole is complex and panle members must read and evaluate a large amount of material for each offender.

The following documents help the Authority's panels make informed decisions:

• Judge’s Sentencing Remarks
• Criminal record
• Report by the Serious Offender Review Council (for Serious Offenders)
• Pre-release report by Community Corrections with advice on risk assessments, recommendations, and post-release plans
• Information about the offender’s behaviour, program completion and classification in custody 

Other documents can include:

• Reports from psychologists or psychiatrists 
• Submissions from the victims/s or family 
• Submissions from the inmate, their family or legal representative  
• Submissions from the State (for serious offenders) or Commissioner of CSNSW (for offenders of special interest) 

For Serious Offenders being considered for parole, their matter is first discussed at a closed meeting, where the panel forms either an intention to grant or refuse parole.

If an intention to refuse parole is made, the offender can apply for a review of the decision. If that too is refused, the matter is listed on their next anniversary date (usually 12 months).

If an intention to grant parole is made, then the matter is listed for a public review hearing held in open court which provides an opportunity for Registered Victims to make a verbal submission and for the State to provide a submission opposing parole.

Parole review hearings are open to the public and media.