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Parole Act 2002

Parole and other release from detention - Release - Parole

29B: Board may monitor compliance with conditions

You could also call this:

"The Parole Board checks if you're following the rules after leaving prison."

Illustration for Parole Act 2002

The Parole Board can check if you are following the rules they set for you when you are released from prison. They can do this if they think it is necessary because of your special circumstances. The Board can ask for a report on how you are doing or require you to attend a hearing.

When the Board monitors you, they can ask for a report or make you attend a hearing every three months. If you have to attend a hearing, the Board will tell you in writing. The hearing is like a special condition that the Board imposes on you.

At the hearing, the Board can change the rules they set for you or add new ones. They can also make an order that has the same effect as sending you back to prison if they are satisfied that you have broken the rules. The Board follows certain rules when they make decisions about you, which are outlined in sections 57 and 58, and also in sections 63 and 65 to 66A if they make an order to send you back to prison.

The Board can monitor you for a certain period, which is usually 12 months if you are released on parole or compassionate release, or 6 months if you are released at the end of your sentence. This period is called the "specified period".

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138800.

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"Rules to follow when you're on parole with extra supervision"

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Part 1Parole and other release from detention
Release: Parole

29BBoard may monitor compliance with conditions

  1. If the Board is satisfied that, because of the special circumstances of an offender (other than an offender subject to an extended supervision order), it is desirable for the Board to do so, the Board may determine to monitor, during the specified period, the offender's compliance with the release conditions imposed on the offender.

  2. In monitoring the conditions, the Board may on each occasion do either or both of the following:

  3. ask the Department of Corrections for a progress report on the offender's compliance with the conditions:
    1. require the offender to attend a hearing notified to the offender in writing.

      1. Each power specified in subsection (2) may be exercised on 1 or more occasions during the specified period, but may not be exercised more frequently than at 3-monthly intervals.

      2. A hearing that an offender is required to attend under subsection (2)(b)—

      3. is a special condition imposed on the offender; and
        1. is conducted in accordance with any directions given by the Board; and
          1. is not subject to sections 43 to 50B; but
            1. is subject to section 13 (which is about the information to be given to, or withheld from, the offender).

              1. At a hearing that an offender is required to attend under subsection (2)(b), the Board may, if it considers it appropriate to do so, take 1 or more of the following actions:

              2. vary any special conditions previously imposed on the offender:
                1. impose new special conditions on the offender:
                  1. if the offender is on parole or compassionate release, and if the Board is satisfied of the matters stated in section 62, make an order in respect of the offender that has the same effect as an interim recall order under that section.

                    1. Sections 57 and 58 apply, with any necessary modifications, to any action taken under subsection (5)(a) or (b).

                    2. Sections 63 and 65 to 66A apply, with any necessary modifications, in respect of an order made under subsection (5)(c) as if—

                    3. the order were an interim recall order made under section 62; and
                      1. a recall application had been made.

                        1. In this section, specified period, in relation to an offender released from detention, means a period of—

                        2. 12 months from the date of release, if the offender is released on parole or compassionate release:
                          1. 6 months from the date of release, if the offender is released at the statutory release date.

                            Notes
                            • Section 29B: inserted, on , by section 19 of the Parole Amendment Act 2007 (2007 No 28).
                            • Section 29B(4)(b): replaced, on , by section 16 of the Parole Amendment Act 2015 (2015 No 4).
                            • Section 29B(6A): inserted, on , by section 50 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).