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Parole Act 2002

Parole and other release from detention - Transitional arrangements for offenders subject to pre-cd sentences - Release at final release date

106: Variation and cancellation of final release dates

You could also call this:

"Changing or cancelling the date you are set to be released from prison"

Illustration for Parole Act 2002

If you are an offender with a long-term sentence, your final release date might change. This happens if you get a new sentence that starts at the same time as your current sentence. Your final release date will be the release date of the new sentence.

If you get a new sentence that is added to your current sentence, your final release date might change or be cancelled. This depends on whether your new sentence is long or short. If it is long, your final release date will be calculated based on the end date of your new sentence.

You cannot get a final release date that is later than your original statutory release date. Also, your final release date cannot be made earlier than it was before. If you are recalled from parole or get a compassionate release, your final release date will be cancelled and section 104(1) will not apply to you.

If you are subject to a final recall order from parole, home detention, as directed by the Board before the commencement of section 72 of the Parole Amendment Act 2007 or in accordance with that section, your final release date will be cancelled. Your final release date will also be cancelled if you get a compassionate release.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139392.

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Part 1Parole and other release from detention
Transitional arrangements for offenders subject to pre-cd sentences: Release at final release date

106Variation and cancellation of final release dates

  1. If, after the commencement date, an offender who is subject to a long-term pre-cd sentence is sentenced to a new concurrent sentence whose release date falls between the offender's final release date and his or her original statutory release date (being the offender's statutory release date as it was at the commencement date), the offender's final release date becomes the release date of the new sentence; and if the offender becomes subject to more than 1 such new sentence, the final release date becomes the release date of the new sentence that has the latest release date.

  2. If, after the commencement date, an offender who is subject to 1 or more long-term pre-cd sentences is sentenced to a sentence that is directed to be served cumulatively on one of the pre-cd sentences, the offender's final release date—

  3. is cancelled if the resulting notional single sentence is a short-term sentence; or
    1. if the resulting notional single sentence is a long-term sentence, becomes the date that is calculated by—
      1. taking the period between the final release date of the earlier sentence and the expiry date of that sentence; and
        1. deducting that period from the sentence expiry date of the notional single sentence.

        2. When subsection (2)(b) applies, if the notional single sentence is subsequently revised (by extending or reducing the notional single sentence), the offender's final release date—

        3. is cancelled if the revised notional single sentence is a short-term sentence; or
          1. must be calculated by deducting the period referred to in subsection (2)(b)(i) from the expiry date of the revised notional single sentence.

            1. Subsection (1) may not be applied if the result would be to extend the offender's final release date to a date that is later than his or her original statutory release date.

            2. None of subsection (1), subsection (2), or subsection (3) may be applied if the result would be to make the offender's final release date earlier than it was before the subsection was applied to it.

            3. The final release date of an offender who is subject to a long-term pre-cd sentence is cancelled, and section 104(1) therefore ceases to apply, if the offender is recalled under a final recall order from parole, home detention (directed by the Board before the commencement of section 72 of the Parole Amendment Act 2007 or in accordance with that section), or compassionate release.

            Notes
            • Section 106(6): added, on , by section 31 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
            • Section 106(6): amended, on , by section 53 of the Parole Amendment Act 2007 (2007 No 28).