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If a parolee has their parole order revoked and the is revocation confirmed at a review hearing they'll then serve their "balance of parole” in prison.
A balance of parole is calculated from the "effective" date of parole revocation - the date the State Parole Authority (SPA) finds the breach occurred - to the date the parole order expires.
People often believe if a sentence is extended because of a parole revocation. This is not true.
A balance of parole only begins once an offender returns to custody. There is no expiry date for a warrant issued for revocation of parole.
Inmate Bob was released to parole on 29 May 2021 with the total sentence to expire three years later on 28 May 2024.
On 18 April 2022, Bob's parole is revoked with the effective date 5 April 2022.
Bob's balance of parole is 2 years 1 month and 24 days - calculated from 5 April 2022 (effective date) and 28 May 2024 (sentence expiry).
Scenario A: If Bob was arrested and returned to custody on 5 April 2022 then the balance of parole would expire on 28 May 2024.
Scenario B: If Bob was arrested and returned to prison on 17 October 2023 then his balance of parole expires 10 December 2025 - as the clock only started when he returned to custody.
An inmate serving a balance of parole can be reconsidered for release in two ways.
The first is with an application under manifest injustice.
The second way an inmate can be released is a result of the legal requirement that an inmate be considered for parole after serving 12 months in custody.
When considering an offender for release on their balance of parole, the process is the same as inmates being considered for release by the SPA.
If the SPA decides to release the inmate on their balance of parole then the dates is the 12 month anniversary - or another date the SPA says is appropriate.
Using the example of Bob in scenario A :
He would be eligible for release on his balance of parole on 4 April 2023 and would be on parole until 28 May 2024.
While in scenario B:
Bob would be eligible for release to parole on 16 October 2024 and would be on parole until 10 December 2025.
22 Jul 2022
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