Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill

Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Parole ( Mandatory Completion of Rehabilitative Programmes) Amendment Act 2024 . 2 Commencement This Act comes into force on the day after the date on which it receives the 18 months after Royal assent. 3 Principal Act This Act amends the Parole Act 2002 (the principal Act ) . 4 Section 4 amended (Interpretation) In section 4(1), insert in its their appropriate alphabetical order: case management plan , in relation to an offender, means the case management plan devised for the offender under section 51 of the Corrections Act 2004 rehabilitative programme has the same meaning as in section 3(1) of the Corrections Act 2004 5 New section s 24A to 24E inserted (Consideration of offenders with uncompleted rehabilitative programmes) After section 24, insert: 24A Consideration of offenders with uncompleted rehabilitative programmes 1 An offender who has not completed a rehabilitative programme that has been identified in their management plan under section 51 of the Corrections Act 2004 by the date on which they are due to be considered for parole must not be considered by the Board for parole. 2 When subsection (1) applies, the Board must specify a date (the specified date ) by which the offender must be considered for parole, which must not be more than 12 months after the date they were due to be considered for parole. 3 The offender’s next parole hearing may be brought forward if the manager of the prison in which the offender is detained considers that the relevant rehabilitative programme has been completed earlier than the specified date. 1 The Board may not consider for parole an offender who has at least 1 rehabilitative programme identified in their case management plan that— a is relevant to the risk that they pose to the safety of the community; and b they have not made reasonable efforts to undertake or complete by the date on which they are due to be considered for parole. 2 Subsection (3) applies if the chairperson or a panel convenor considers that it was not and is not reasonably practicable for the offender to undertake or complete a rehabilitative programme by the date on which they are due to be considered for parole. 3 If this subsection applies, the offender must, for the purposes of subsection (1) , be treated as having made reasonable efforts to undertake or complete the rehabilitative programme by the date on which they are due to be considered for parole. 4 This section does not apply to an offender who is subject to an indeterminate sentence. 5 If there is an inconsistency between this section and section 21, 21A, 22, 24, 25, 26, or 27, this section prevails. 24B Consideration of offenders with no rehabilitative programmes identified in case management plan 1 The Board may not consider for parole an offender who has no rehabilitative programmes identified in their case management plan unless the chairperson or a panel convenor considers that it was not and is not reasonably practicable for at least 1 rehabilitative programme to be identified in that plan by the date on which the offender is due to be considered for parole. 2 This section does not apply to an offender who is subject to an indeterminate sentence. 3 If there is an inconsistency between this section and section 21, 21A, 22, 24, 25, 26, or 27, this section prevails. 24C Procedure for determining whether Board is prohibited from considering offender for parole by section 24A or 24B 1 At least 2 weeks, but not more than 4 weeks, before the date on which an offender who has at least 1 rehabilitative programme identified in their case management plan is due to be considered by the Board for parole, the manager of the prison in which the offender is detained must provide a report to the Board that— a lists all of the rehabilitative programmes identified in the offender’s case management plan; and b in relation to each of the rehabilitative programmes listed, states whether the offender has or has not completed the programme; and c in relation to each of the rehabilitative programmes listed that the offender has not completed (if any), states, with reasons, whether the manager considers that the programme is relevant to the risk that the offender poses to the safety of the community; and d in relation to each of the rehabilitative programmes listed that the offender has not completed (if any), describes the efforts the offender has made to— i undertake the programme, if the offender has not started the programme; or ii complete the programme, if the offender has started the programme; and e identifies each rehabilitative programme listed that the manager considers was not and is not reasonably practicable for the offender to undertake or complete by the date on which they are due to be considered for parole (if any); and f in relation to each rehabilitative programme identified under paragraph (e) (if any), states the reasons why the manager considers that it was not and is not reasonably practicable for the offender to undertake or complete the programme by the date on which they are due to be considered for parole. 2 At least 2 weeks, but not more than 4 weeks, before the date on which an offender who has no rehabilitative programmes identified in their case management plan is due to be considered by the Board for parole, the manager of the prison in which the offender is detained must provide a report to the Board that states— a that the offender has no rehabilitative programmes identified in their case management plan; and b why no rehabilitative programmes are identified in the offender’s case management plan. 3 As soon as practicable after the Board receives a report under subsection (1) or (2) in relation to an offender, the chairperson or a panel convenor must determine whether the Board is prohibited from considering the offender for parole by section 24A or 24B . 4 Before making a determination under subsection (3) , the chairperson or panel convenor must— a notify the offender in writing that the chairperson or panel convenor is required to make a determination under subsection (3) ; and b give the offender an opportunity to make written submissions to the chairperson or panel convenor; and c take all reasonable steps to— i notify every victim of the offender that the chairperson or panel convenor is required to make a determination under subsection (3) ; and ii provide those victims with a list of any rehabilitative programmes identified in the offender’s case management plan that indicates, in relation to each of the programmes listed, whether the offender has completed the programme; and iii give those victims an opportunity to make written submissions to the chairperson or panel convenor; and d convene a hearing for the purpose of determining whether the Board is prohibited from considering the offender for parole by section 24A or 24B . 5 Section 49(1) to (3) applies, with any necessary modifications, to a hearing convened under subsection (4)(d) . 6 A determination under subsection (3) must be made on the basis of all the relevant information available to the chairperson or panel convenor at the time. 7 This section does not apply to an offender who is subject to an indeterminate sentence. 24D When offender who has not made reasonable efforts to undertake or complete rehabilitative programmes may be considered for parole 1 If the chairperson or a panel convenor determines under section 24C(3) that the Board is prohibited from considering an offender for parole by section 24A or 24B , the chairperson or panel convenor— a must specify a date (the specified date ) by which the Board must, if not still prohibited from doing so by section 24A or 24B , consider the offender for parole; and b may specify any rehabilitative programmes that the chairperson or panel convenor considers the offender should complete to reduce the risk that they pose to the safety of the community. 2 The specified date must not be more than 12 months after the date on which the offender was due to be considered for parole. 3 Subsection (4) applies if the manager of the prison in which the offender is detained considers that the offender has, before the specified date, completed— a all of the rehabilitative programmes specified under subsection (1)(b) (if any); and b if the offender had at least 1 rehabilitative programme identified in their case management plan on the most recent date on which they were due to be considered for parole, all of the rehabilitative programmes that— i were identified in their case management plan on that date; and ii they had not made reasonable efforts to undertake or complete by that date; and iii are relevant to the risk that they pose to the safety of the community. 4 If this subsection applies,— a the manager must notify the Board as soon as practicable; and b the chairperson or a panel convenor may, by notice in writing to the manager and the offender, bring forward the date by which the Board must, if not still prohibited from doing so by section 24A or 24B , consider the offender for parole. 24E Notification after determination made under section 24C 1 As soon as practicable after making a determination under section 24C(3) in relation to an offender, the chairperson or panel convenor must— a advise the offender and the manager of the prison in which the offender is detained of the matters set out in subsection (2) ; and b take all reasonable steps to advise every victim of the offender of the matters set out in subsection (2) (other than the matters set out in subsection (2)(b)(i) and (ii) ). 2 The matters are as follows: a whether the chairperson or panel convenor has determined that the Board is prohibited from considering the offender for parole by section 24A or 24B : b if the chairperson or panel convenor has determined that the Board is prohibited from considering the offender for parole by section 24A or 24B ,— i the rehabilitative programmes identified in the offender’s case management plan that the offender has not completed and that the chairperson or panel convenor considers are relevant to the risk that the offender poses to the safety of the community (if any); and ii the rehabilitative programmes identified in the offender’s case management plan that the chairperson or panel convenor considers that the offender has not made reasonable efforts to undertake or complete by the date on which they are due to be considered for parole (if any); and iii the date specified under section 24D(1)(a) ; and iv the rehabilitative programmes (if any) specified under section 24D(1)(b) ; and v that the date by which the Board must, if not still prohibited from doing so by section 24A or 24B , consider the offender for parole may be brought forward if section 24D(4) applies. 6 Section 26 amended (Other times when Board may consider offenders for parole) In section 26(3),— a after relevant activities specified under section 21A(b) , insert or the relevant rehabilitative programme to which section 24A(1) applies ; and b after under section 21A(a) , insert or section 24A(2) (as the case may be) . 6 Section 67 amended (Review of decisions) After section 67(2)(c), insert: ca a decision under section 24D(1)(b) specifying rehabilitative programmes; or 7 Section 68 amended (Appeal to High Court against postponement orders, section 107 orders, and final recall orders) Replace the heading to section 68 with Appeal to High Court against certain orders and determinations . After section 68(1), insert: 1A An offender who is the subject of a determination under section 24C(3) may, within 28 days of the date of the decision on a review under section 67 (or whatever longer time the court permits), appeal to the High Court against the decision. In section 68(2), after order , insert or determination . In section 68(3), after order , insert or determination . 8 Section 69 amended (Procedure on appeal against postponement orders, section 107 orders, and final recall orders) Replace the heading to section 69 with Procedure on appeal against certain orders and determinations . In section 69(4), replace order with order or determination in each place. 9 Section 70 amended (Powers of court on appeal) After section 70(2), insert: 3 On an appeal against a determination under section 24C(3) , the court may— a confirm the determination; or b quash the determination and direct the Board to, as soon as practicable, consider the offender for parole; or c refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must— i advise the Board of its reasons for doing so; and ii give the Board any directions that it thinks just concerning any aspect of the reconsideration. 10 Schedule 1 amended In Schedule 1, Part 1, clause 1, replace schedule with Part . In Schedule 1,— a insert the Part set out in the Schedule of this Act as the last Part; and b make all necessary consequential amendments. New Part 3 inserted into Schedule 1 3 Provision relating to Parole (Completion of Rehabilitative Programmes) Amendment Act 2024 7 Sections 24A to 24E do not apply to offender subject to sentence for offence committed before commencement date 1 Sections 24A to 24E (as inserted by section 5 of the amendment Act) do not apply to an offender who is subject to— a a sentence of imprisonment (whether imposed before, on, or after the commencement date) for an offence committed before the commencement date; or b 2 or more cumulative sentences that form a notional single sentence, if at least 1 sentence in the series of sentences that form the notional single sentence is a sentence described in paragraph (a) . 2 In this clause,— amendment Act means the Parole (Completion of Rehabilitative Programmes) Amendment Act 2024 commencement date means the date on which this clause comes into force.