Parole Act 2002

Parole and other release from detention - Release - Release at statutory release date

19: Special provision for offenders sentenced to short-term sentences while on parole

You could also call this:

"Rules for people on parole who get a short sentence"

Illustration for Parole Act 2002

If you are on parole and get a short-term sentence, you will be released from detention on the release date of the short-term sentence, as long as you are not recalled. This means you will be free to leave detention on that date. You will still be on parole when you are released.

If you have more than one short-term sentence, you will be released on the date of the sentence that ends last. However, this rule does not apply if your short-term sentences are added together to make a long-term sentence. In that case, the rules for long-term sentences apply.

When you are released, you are still on parole, and the Parole Board may give you standard conditions to follow for a certain period, or special conditions under section 29AA. The actual date you are released is determined by sections 51(2) and 52, as if you were being released at your statutory release date.

If you are released before the Parole Board has made a decision about your conditions, and you already had release conditions, the Board is deemed to have reimposed those conditions. If you did not have release conditions, you will not have any when you are released. This means you will either have your old conditions again or no conditions at all.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138482.


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"Rules you must follow when you leave prison on your scheduled release date"


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Part 1Parole and other release from detention
Release: Release at statutory release date

19Special provision for offenders sentenced to short-term sentences while on parole

  1. If an offender who is on parole is sentenced to a concurrent short-term sentence whose release date is before the offender's statutory release date, then (provided the offender is not recalled) the offender must be released from detention on the release date of the short-term sentence.

  2. If subsection (1) applies except that the offender is subject to more than 1 short-term sentence, the offender must be released on the release date of the short-term sentence (including any short-term notional single sentence) that has the latest release date.

  3. To avoid doubt, subsection (2) does not apply in respect of any short-term sentences that are imposed cumulatively if the resulting notional single sentence is a long-term sentence.

  4. If an offender is released in accordance with subsection (1) or subsection (2),—

  5. the offender is released on parole and the Board may—
    1. specify a period for which the standard conditions are in force; and
      1. impose special conditions under section 29AA (if any); but
      2. the actual date of release is determined under sections 51(2) and 52 as if the offender were being released at his or her statutory release date.
        1. If for any reason an offender is released in accordance with subsection (1) or subsection (2) before the Board has made a determination required under subsection (4)(a), then,—

        2. if the offender was, at the start date of the sentence (or earliest applicable sentence), subject to any release conditions, the Board is deemed to have reimposed those release conditions for the remainder of the period for which they were originally imposed; and
          1. if the offender was not, at the start date of the sentence (or earliest applicable sentence), subject to release conditions, the offender is not subject to release conditions when he or she is released under subsection (1) or subsection (2).
            Notes
            • Section 19(4)(a): replaced, on , by section 9(1) of the Parole Amendment Act 2015 (2015 No 4).
            • Section 19(5): amended, on , by section 9(2) of the Parole Amendment Act 2015 (2015 No 4).