Prisoners spending too much time in jail due to Parole Board ‘blown out’ backlog
More than 1500 prisoners being held in jail far longer than Queensland legislation allows has been blamed on an influx of prisoners in the state’s correction centres.
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More than 1500 prisoners being held in jail far longer than Queensland legislation allows has been blamed on an influx of prisoners in the state’s correction centres.
Delays in the Parole Board assessing prisoner’s parole applications have been raised in Rockhampton courts in recent months, with the latest advice being that applications lodged now won’t be assessed for six to eight months.
The Morning Bulletin understands that in March, Rockhampton lawyers were advised of a six month delay, with figures provided stating the Parole Board had 2100 applications undecided with about 75 per cent already outside the decision making time frames required by the Corrective Services Act 2006.
The Bulletin put questions to the Parole Board about the situation and was advised the Parole Board Queensland had a significant backlog in parole applications.
“There has been a significant increase in prisoner numbers, with approximately 1,000 more prisoners now held in custody compared to a year ago,” the statement read.
“A fourth team is now operating, increasing the Board’s processing capacity by 33 per cent.
“The Board will continue to do everything that it can to decide parole applications as quickly as possible.”
During 2019–20 the parole board was responsible for deciding and administering 3941 applications for parole, 653 exceptional circumstances parole applications and 4884 applications made by Queensland Corrective Services to immediately suspend a parole order.
Liberal National Party corrective services spokesman Dale Last attacked the State Government’s lack of action.
“This is yet another illustration of the Labor government’s failings when it comes to crime and justice,” he said.
“Minister Ryan has had over 12 months to address this issue and obviously, he has failed to do what is needed.
“I doubt that any Queenslander would be surprised that Minister Ryan has made a mess of parole.
“Under his watch we have seen violent offenders having their records wiped clean and youth crime spiral out of control.”
Meanwhile, Corrective Services Minister Mark Ryan said the government had recently allocated further funding to the parole board to increase its operating teams.
“The government has supported the independent Parole Board Queensland with additional resourcing and efficiency measures to boost capacity to deal with parole matters,” Mr Ryan said.
“Since it was established in 2017 the funding allocated to the board has increased by 33 per cent.
“Recently the government allocated additional resources to further improve the board’s capacity by commissioning a fourth operating team.
“The board advises that during COVID-19 there has been a significant increase in the receipt of exceptional circumstances parole applications, as a direct consequence of the pandemic. These applications have temporarily increased the volume of applications for the board to consider.
“It’s important to note that parole is not an automatic entitlement and that community safety is always paramount.
“Accordingly, a prisoner should not be granted parole just because they are eligible for parole, rather it’s up to the independent parole board to determine how community safety can be best prioritised.”
Since the issues have been raised in Rockhampton courts, magistrates and judges have set suspended sentences instead of parole eligibility where offenders have breached suspended sentences and/or were on parole at the time of their latest offending.
Most recently, a domestic violence offender who should have spent actual time in custody with a parole eligibility date was granted immediate parole by a Rockhampton magistrate due to significant delays in the Queensland Parole Board assessment times.
Police prosecutor Clancy Fox said the activation of the suspended sentence which the defendant breached with the May 23 offences required a parole eligibility date (under Queensland legislation).
Mr Gimbert asked the magistrate to not activate the suspended sentence as it would activate the requirement of the defendant only allowed a parole eligibility date.
“The information that we have currently is that its some six to eight months (delay in parole applications being assessed),” he said.
“I understand Legal Aid have been updated that people applying for parole now would not see it approved until December.”
Mr Fox said he had seen that email last week.
Magistrate Philippa Beckinsale said she was aware of the parole delays.
Mr Gimbert said a parole eligibility date with the delays on parole being approved would mean his client would serve an unjust amount of time in prison.
“I understand there’s some precedent with the district court, for example, has been structuring sentences to take into account the significant, extent of delay in parole applications,” Ms Beckinsale said.
She said the parole delay was “really blown out” at the moment.
Brisbane District Court Judge Paul Smith granted an appeal on May 13 where a 26 year old woman requested a change in her sentences due to the parole board delay.
The Queensland Law Society reported the woman, who they chose not to name, pleaded guilty on March 23 to 24 offences including disqualified driving, stealing, two counts of obstructing police, five drug charges, as well as 11 separate offences for breaching bail conditions and three failing to appear in court.
She had been sentenced to 18-months prison, despite the magistrates court hearing of the parole board delays.
The woman’s lawyers appealed the sentence on the grounds it was manifestly excessive and the magistrate had failed to have sufficient regard to the extensive parole assessment delays.
Read more here: Six month parol backlog leads to an immediate release
Judge Smith substituted the 18-month prison term imposed by a magistrate for one of 15 months and ordering the term be suspended immediately for a period of three years.
Read the full decision here: Ruth Stuurman vs. Queensland Police Service
Originally published as Prisoners spending too much time in jail due to Parole Board ‘blown out’ backlog
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