Parole
What is parole?
Parole allows you to serve part of a custodial sentence given by a magistrate or a judge back in the community under the supervision of a parole officer. The length of time you will spend on parole will depend on the sentence you received at court. The Youth Parole Board or the Youth Residential Board (the Board) makes the decision about when you should be released on parole, after receiving reports from your workers.
What are the Youth Parole/Youth Residential Boards?
The Youth Parole and Youth Residential Boards are made up of four people. The chairperson is a judge of the County Court. There are two representatives from the community who have experience in working with young people. The other member is a representative from the Department of Human Services.
Who gets parole?
Generally, young people who get sentences of six months or longer are eligible to be considered for parole. In some cases you can apply for parole if the length of your sentence is less than six months. If you get a sentence of less than six months and the Board decides you are not appropriate for parole, you can earn time off for good behaviour. This is called remissions. In some cases, you can apply not to go on parole if you would prefer to be released on remissions.
How do you get parole?
Part way through your sentence the Board will set a review date. At your review, the Board receives a report from the manager of the centre about how you have been going during your sentence and whether you should be granted parole. If the report is satisfactory and parole is recommended, the Board will ask for a parole plan in a few weeks time. The parole plan is written by your parole officer after discussion with you about your plans. If the Board is satisfied with your parole plan, particularly the accommodation arrangements, parole is generally granted two weeks later.
Who will be your parole officer?
Your parole officer will be from the youth justice unit in the region where you live. You should have met your parole officer while you were locked up. They will have prepared your parole plan for the Board.
What do you have to do on parole?
When you are released on parole, you attend a meeting and are interviewed by the Board. They will ask you questions about your plans and attitude towards parole.
You also have to sign your parole order which has the following conditions:
- You must not break the law.
- You must be supervised by a parole officer.
- You must obey any lawful instruction of your parole officer.
- You must report as and when directed by your parole officer.
- You may be interviewed by your parole officer at any time and place that your parole officer directs.
- You must advise your parole officer within two days after changing your address.
- You must not leave Victoria without the written permission of your parole officer.
Sometimes the Board will include other special conditions on your order like:
- You must attend for substance abuse counselling.
- You must attend for psychological counselling.
- You must not associate with co-offenders.
- You must attend a violent offenders program.
After you have been to the Board meeting and have been released on parole, you will have to report to the youth justice unit in your region within 48 hours, or as directed by your parole officer. Your parole officer will explain the conditions of your parole to you again, and organise your times to report, which is at least once a week when you are first released.
What can you expect from your parole officer?
Your parole officer will be responsible for supervising your parole and helping you to work through problems you might be having, and those which caused you to offend in the first place. Together, you and your parole officer will review and update your client service plan (CSP) so that you both know what you and your parole officer will do to help you address your offending behaviour and get through your parole.
Your CSP could include things like:
- Following up on TAFE courses you started in the centre.
- Assistance with any other legal issues like court cases.
Your parole officer will listen to you, be fair, treat you with respect and assist you to achieve the goals you set in your CSP to successfully complete your parole period. Although parole officers are there to help you get through your order, they also have to tell the Board when there are problems. They send reports to the Board about how you are going while you are on parole.
What happens if you break the rules?
If you are not sticking to the conditions of your parole, like reporting to your parole officer, a number of things could happen:
- You could receive a warning from the youth justice program coordinator and/or manager.
- You could be brought back to the Board for an interview.
This last action is very serious. The Board can do a number of things:
- They may give you a serious warning and tell you to try to improve your behaviour.
- They could cancel your parole and issue a warrant for your apprehension. This means you are brought back into custody to serve the remainder of your sentence.
- They could cancel your parole and transfer you to prison.
What happens to your sentence if your parole is cancelled?
If your parole is cancelled and you are returned to custody, the period of time you have been on parole in the community does not count as time served.This is called the unexpired portion of your sentence. This means you still owe this time. In some cases, if you have been doing well for part of your time on parole, the Board may credit you with this time, which means your unexpired portion will be less.
What happens if you offend while on parole?
If you are charged with offences while you are on parole, the Board may cancel your parole. This can happen even if you go to court after your parole is finished. For example, if you were charged in June, your parole finished in July but you didnt go to court until August, the Board could still cancel your parole and require you to serve the whole unexpired portion of your sentence.
What do you get out of being on parole?
Parole provides you with support and supervision on a regular basis. It allows you to spend the remainder of your sentence in the community. It is a chance for you to look at the things that are getting you into trouble. Your parole officer is there to help you change these things, so that you do not end up in more trouble, or in court again. Parole gives you the opportunity to find new interests, which will link to what is in your CSP.
Parole gives you the opportunity to live back in the community and work through the issues that need to be addressed for you to stay out in the community without re-offending.
