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Parole Act 2002

Parole and other release from detention - Release - Compassionate release

41: Board may direct early release on compassionate grounds

You could also call this:

"The Board can let you out of prison early if you have a very good reason, like being sick."

Illustration for Parole Act 2002

The Board can decide to let you out of prison early if you have a good reason, such as having a baby or being very sick. You might be released early if you are seriously ill and not getting better. The person in charge must write down why they think you should be released early.

The Board can also decide what rules you must follow when you are released, and they can change these rules if needed. Before you are released, the Board can change their mind or change the rules you must follow. After you are released, the Board can change or cancel the rules you must follow, as stated in section 58.

If you are released early, you can still be sent back to prison, just like if you were released on parole. When you are released, you, your victims, the person in charge of your case, and the Police must all get a copy of the release order and any rules you must follow. You will get to know what is expected of you when you are released.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138832.

Topics:
Crime and justice > Criminal law
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"Rules for the Parole Board to follow when deciding about an offender's release"

Part 1Parole and other release from detention
Release: Compassionate release

41Board may direct early release on compassionate grounds

  1. The Board may, on referral by the chairperson, direct that an offender be released on compassionate release on either of the following grounds:

  2. the offender has given birth to a child:
    1. the offender is seriously ill and is unlikely to recover.

      1. Every referral by the chairperson for consideration for compassionate release must be in writing and set out the reasons why the chairperson is making the referral.

      2. The Board may, as part of a direction for compassionate release, impose the standard release conditions and any special conditions on the offender, and may vary, or waive the obligation to comply with, any standard release conditions if necessary in the circumstances.

      3. Before an offender is released, the Board may cancel a direction for release or vary any of the conditions of release.

      4. After an offender is released, the Board may vary or discharge any release conditions under section 58.

      5. An offender released on compassionate release is liable to recall as if he or she had been released on parole.

      6. When an offender is released under this section, a copy of the order for release, along with any conditions imposed on the offender, must be supplied to—

      7. the offender; and
        1. every victim of the offender; and
          1. the chief executive; and
            1. the Police.

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