Hon Giz Watson questions the Justice Department on court-ordered courses for prisoners seeking parole. The Minister clarifies courts suggest, but the Parole Board decides conditions, and the Department uses its authority under the Prisons Act to manage prisoner programs.

AnsweredQoN 354Legislative Council
Asked
13 May 2004
Portfolio
Justice

QuestionView source ↗

I refer to court-ordered courses that prisoners are required to undertake prior to being considered for parole. (1) Are there currently cases in which the Department of Justice cannot provide the courses and programs that prisoners have been ordered by the court to attend before being considered for parole? (2) If yes to (1), how many? (3) If no to (1), what action will the Department of Justice take to ensure that prisoners can meet the court orders so that they can be considered for parole? (4) Are there cases in which the courses and programs run by the Department of Justice are considered to be irrelevant by the courts and, as a result, have not assisted the prisoners to meet their parole requirements? (5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS

AnswerView source ↗

I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(1) Are there currently cases in which the Department of Justice cannot provide the courses and programs that prisoners have been ordered by the court to attend before being considered for parole? (2) If yes to (1), how many? (3) If no to (1), what action will the Department of Justice take to ensure that prisoners can meet the court orders so that they can be considered for parole? (4) Are there cases in which the courses and programs run by the Department of Justice are considered to be irrelevant by the courts and, as a result, have not assisted the prisoners to meet their parole requirements? (5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(2) If yes to (1), how many? (3) If no to (1), what action will the Department of Justice take to ensure that prisoners can meet the court orders so that they can be considered for parole? (4) Are there cases in which the courses and programs run by the Department of Justice are considered to be irrelevant by the courts and, as a result, have not assisted the prisoners to meet their parole requirements? (5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(3) If no to (1), what action will the Department of Justice take to ensure that prisoners can meet the court orders so that they can be considered for parole? (4) Are there cases in which the courses and programs run by the Department of Justice are considered to be irrelevant by the courts and, as a result, have not assisted the prisoners to meet their parole requirements? (5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(4) Are there cases in which the courses and programs run by the Department of Justice are considered to be irrelevant by the courts and, as a result, have not assisted the prisoners to meet their parole requirements? (5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(5) Does the Department of Justice impose course and program completion requirements for parole that have not been ordered by the courts? (6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(6) If so, what authority does the Department of Justice have to take this action? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
I thank the member for some notice of this question. The Minister for Justice has provided the following response - (1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(1)-(4) The Department of Justice advises that courts do not order sentenced prisoners to undertake courses prior to being considered for parole. A court may from time to time comment at the time of sentencing on a specific need that could be addressed while the prisoner is in custody. However, the court does not specify the conditions for parole release; that is a matter for the Parole Board. Such suggestions, if included in the sentencing remarks, would be noted by the department’s assessment centre and taken into consideration when developing a prisoner’s individual management plans. (5) The Department of Justice advises that it imposes a variety of courses and programs to address prisoners’ offending behaviour as part of individual management plans. (6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.
(6) The Department of Justice advises that the authority is provided by part IX, section 95(1)b, of the Prisons Act 1981.

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