Generic Parole Process for Determinate Sentence Prisoners - (Gpp-D)

UNCLASSIFIED

GENERIC PAROLE PROCESSFOR DETERMINATE SENTENCE PRISONERS (GPP-D)
This instruction applies to :- / Reference :-
Prison
Probation Trusts / PSI19/2013
PI 09/2013
Issue Date / Effective Date
Implementation Date / Expiry Date
(Update) 17 September 2013 / 01 August 2013 / 08July 2017
Issued on the authority of / NOMS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate)
NOMS HQ
All prisons
Contracted Prisons*
Probation Trusts
Governors
Contract Managers in Probation Trusts
Probation Trust Chief Executives
* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons
Instruction type / Service Specification Support/ Service Improvement
For information / All staff responsible for the management of determinate sentenced prisoners including the new Extended Determinate Sentence, who are eligible to be released on licence by the Parole Board.
Provide a summary of the policy aim and the reason for its development/ revision / This instruction sets out a new parole process for those determinate sentence prisoners, including the new Extended Determinate Sentence, who are eligible to be released on licence by the Parole Board. It sets out the roles and responsibilities for prisons and Public Protection Casework Section depending on the specific determinate sentence.
Contact /

Associated documents / PSO 9050 Functional Mailboxes
PSI 12/2010 Prolific and Other Priority Offenders
PSI 61/2010 – PI 20/2010 - Handling of sensitive information provided by Criminal Justice Agencies
PSI71/2011 Parole Hub Pilot
PSI 30/2012 – PI16/2012 -The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 – General summary of release and recall provisions
PSI 40/2012 - Licence and Licence Conditions
PSI 2013/13 - Sentence Calculation – Determinate Sentenced Prisoners
PSI 04/2013 - The Early Removal Scheme and Release of Foreign National Prisoners.
PSI 14/2012 - PI 08/2012 - Implementation of the Service Specification for “Manage the Sentence: Pre and Post Release from Custody” (transitional version)
PSI 18/2013 – PI 08/2013 – Determinate sentenced prisoners transferred under the Mental Health Act 1983
Replaces the following documents which are hereby cancelled:-PSO 6000 - Parole Release and Recall Chapter 5;PSI 09/2008 - Offender Management Functional Mailboxes; and PI 02/2012 - Parole Processes.
Audit/monitoring:-Governors and Directors of Contracted Prisons must ensure that any staff who input into the Generic Parole Process are familiar with this PSI and the mandatory requirements it contains. The Public Protection Casework Section at NOMS HQ will monitor and report on cases.
As an instruction is a mandatory contract variation and in providing contractual services, contract managers must ensure that Probation staff deliver the mandatory instructions in the PI.
Updated 29 July 2013: Paragraph 2.9 amended - This update provides clarity to prisons about the timescale of the GPP-D review process.
Updated 17 September 2013: Paragraph 2.4; 2.10; & 2.11 amended –This update provides clarity of when the second and subsequent review processes should begin.

UNCLASSIFIED

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CONTENTS

Section / Subject / Applies to
1 / Executive Summary / NOMS Agency staff (Headquarters), Prison, Probation staff
2 / Introduction
3 / Generic Parole Process-D Timetable – an overview
4 / Referraland Deferral of cases
5 / Transfer of Prisoners duringreview
6 / MentalHealth Cases
7 / Quality ofParole Reports
8 / The Challenge Process for Generic Parole Process performance data
9 / Creation and deletion of PPUD accounts
Annex A / PPUD naming conventions
Annex B / The Criminal Justice Secure eMail (CJSM) Accounts
Annex C / Notificationof Parole Review
Annex D / GPP-D Timeline– PPCS, Prisons, Probation and PPUD
Annex E / SPRD template
Annex F / SPR Etemplate
Annex G / SPR Ftemplate
Annex H / SPR G template
Annex I / SPRH template
Annex J / SPR Jtemplate
Annex K / SPRL template
Annex L / PAROM 1 template
Annex M / PAROM 1+ addendum template
Annex N / PAROM 1 Evaluation Tool
Annex O / SPRLEvaluation Tool

1. Executive Summary

1.1.This PSI sets out anew “Generic Parole Process-Determinate (GPP-D)” for those determinate sentence prisoners who are eligible to be released on parole licence by the Parole Board. It replaces PSO 6000 “Parole Release and Recall” Chapter 5and Chapter 8 and PSI 09/2008 ‘Offender Management Functional Mailboxes’. It mirrors to a large extent the GPP for indeterminate sentence prisoners, but is adjusted to meet the requirements of determinate sentence parole reviews. This new parole process (GPP-D) replaces the existing parole process for Discretionary Conditional Release (DCR) cases and residual Extended Public Protection (EPP) cases subject to parole reviews. GPP-D will be underpinned by the Public Protection Unit Database (PPUD). PPUD will replace IIS, which currently supports the determinate parole process. GPP-D will also be subject to electronic caseworking (e-working) and as such it will be a paperless process. In future all determinate parole dossiers will be compiled and paginated electronically. The GPP-D will also make use of existing functional mailboxes.

1.2.It also updates processes and expectations with regard to the parole dossier and completion and quality of reports, to bring it in line with changes in offender management practice.

1.3.The GPP-D will also be the parole process for the new Extended Determinate Sentence (EDS) which was introduced in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA12) and applies to offenders convicted on or after 3 December 2012(who would previously have received either an IPP or EPP sentence). There are two types of release arrangement for EDS prisoners depending on the length of their custodial term and the seriousness of their offending:

• Automatic release at the two-thirds point of the custodial term for cases where the custodial term is less than 10 years, and
• Discretionary release by the Parole Board between the two-thirds and end point of the custodial term where the custodial term is 10 years or more or in cases where the prisoner has committed one of the most serious offences, listed in Schedule 15B CJA 2003. Prisoners become eligible to be considered for parole from the two-thirds point but are not subject to automatic release until the end of the custodial term. On release, the prisoner will be on licence for the remainder of the custodial term (if any) plus the extension period

1.4.Therefore this instruction and the GPP-D will only apply to those EDS cases with discretionary release by the Parole Board.

Background

1.5.This instructionreplaces the existing parole process for determinate sentence prisoners with a new GPP-D. It applies to those determinate sentence prisoners who are eligible to be considered for release on licence by the Parole Board. They include:

• DCRprisoners (i.e. those serving a sentence of 4 years and over for a sexual or violent offence where the release provisions in Schedule 20B of the Criminal Justice Act 2003 (CJA 2003) apply (formerly the release provisions of the Criminal Justice Act 1991 (CJA1991) are eligible to be considered for releaseon licence by the Parole Board at the halfway point of their sentence);
• EPP prisoners sentenced before 14 July 2008 pursuant to Section 227 or 228 of the CJA 2003 who are eligible to be considered for release on licence by the Parole Board at the halfway point of their custodial term. (Schedule 20B of the CJA 2003 release provisions apply); and
• EDS prisoners sentenced pursuant to section 226A or 226B of the CJA 2003 who are eligible for release by the Parole Board at two-thirds point of the custodial term (subject to the release provisions in s246A CJA 2003).

1.6.GPP-D replaces the previous parole process for DCR and EPP prisoners. Itclosely mirrors the GPP for indeterminate sentence prisoners and will be underpinned by PPUD. It means that for the first time, there will be a single parole timetable for all groups of prisoners eligible for parole, supported by a single IT system and all subject to e-working.

Desired outcomes

• A single parole process for determinate prisoners which is easily understood by those it affects, and which facilitates easy identificationof any weaknesses that exist within the parole processso that they can be corrected.

• A parole process which ensures determinate sentence prisoners’ reviews are conducted speedily and efficiently;eliminates nugatory work;and provides all participants with clear timescales for their part of the process.

• A parole dossier which provides a coherent assessment of the offender and which is comprisedof good quality reports produced by authors with a good understanding of the case.

• A process that limits the scope for delay and focuses on ensuring that prisoners are not detained any longer than is necessary to protect the public.

• The introduction of e-workingfor determinate sentence prisoner parole reviews, which provides a paperless system of working. E-working should increase the efficiency of the process, improving the security of personal data, and facilitating better communications between all the agencies involved in the process.

• Effective central monitoring of performance of all agencies involved in the parole process.

Application

1.7.This instruction provides new guidance on the process to be followed in parole reviews for determinate sentenced prisoners, including the processes to be followed to ensure a timely review, making effective use of e-working, and the requirement to produce a coherent assessment of risk based upon good quality reports. The new GPP-D commences on 1 August 2013, and any determinate parole reviews commencing on or after this date must be conducted in line with the new arrangements set out in this instruction. Once GPP-D has commenced IIS will become obsolete in respect of the parole process.

Mandatory Actions

1.8.All staff involved in parole reviews for determinate sentence prisoners must be fully acquainted with this instruction and the mandatory requirements listed.In particular, staff must be aware of:

• the GPP-D timetable and the deadline for submitting a completed dossier to the Parole Board;
• mandatory reports to be included in the dossier and the issues to be addressed in each report;
• how to operate effectively the PPUD in order to complete their mandatory tasks within the GPP-D;
• the arrangements for handling Parole Board directions, including the calling of witnesses;
• the roles and responsibilities ofprison Offender Management Unit (OMU) staff ,Public Protection Casework Section (PPCS) and Parole Board case managers; and
• the requirement on report writers to provide the Parole Board with a coherent assessment of risk based on a range of high quality reports.

1.9.Governing Governors, Directors and Controllers of Contracted out and privately managed prisons must ensure that systems are in place to underpin the GPP-D, particularly in terms of communication with report writers, the Parole Board and the PPCS.

1.10.As an instruction is a mandatory contract variation and in providing contractual services, contract managers must ensure that probation staff deliver the mandatory instructions in the PI.

1.11.Nominated staff must input key points of the GPP-D onto PPUD having first been trained by PPCS or National Operational & Specialist Training on how to use PPUD.

Resource Implications

1.12.There are minimal new cost implications arising from this instruction in relation to PPUD to reflect the inclusion of determinate prisoners eligible for parole and in terms of theimpact to probation resourcesrequired to record the PAROM1 details to PPUD. PPUD development costs will be minimal and borne by the Offender Management and Public Protection Group (OMPPG). Provided that reports can be given to establishments in electronic form, there should not be any new costs for them, however if they cannot, it may be necessary in some establishments to provide additional scanning facilities. We expect e-casework to deliver savings in terms of staff time (for the collation and pagination of the complete dossier), postage and printing costs.

(Signed)

Digby Griffith

Director of National Operational Services, NOMS

2.Introduction

The Governor/Offender Management Unit staff

2.1.The Governor/Offender Management Unit (OMU)staffare responsible for ensuring that the core andcomplete dossier is compiled in DCR/EPP cases, and the complete dossier for EDS cases (the core will be complied by PPCS), including allmandatory reports, and is disclosed to the prisoner and the Parole Board. In terms of responsibility for obtaining all the necessary reports lies with theestablishment. PPUD must be used to support this process with actions being entered on the system as soon as they have been completed. If the Parole Board directs that a DCR/EPP prisoner be released on parole licence, the Governor/OMU staffare responsible for arranging the release date with the Probation Service and ensuring that the release plan agreed by the Parole Board is still in place so that the parolee can be released safely, and for issuing the licence, ensuring that any additional conditions are included. Governors are ultimately responsible for ensuring that their OMU staffreceive sufficient support and guidance to enable them to carry out their duties efficiently and effectively.

The Parole Board

2.2.The Parole Board is an Executive Non Departmental Public Body, which means it is independent of the Ministry of Justice and NOMS. It has statutory authority to direct the release on parole licence of certain groups of determinate sentence prisoners who are not eligible for automatic release at the halfway point of their sentence. The Parole Board secretariat is responsible for supporting the work of the Parole Board.

The Public Protection Casework Section

2.3.PPCS is part of the OMPPG and has overall responsibility for parole policy and procedures, including offering central support to OMU staff when necessary. It is responsible for overseeing the GPP-D and working with the establishment and probation staff as well as the Parole Board to ensure that cases are considered without delay. PPCS will log all EDS cases on to PPUD and also prepare the core dossier in EDS cases that are eligible for release by the Parole Board at two-thirds point of the custodial term, and send it to the prison. PPCS is responsible for the operation of PPUD. This will include ensuring the system is compliant with Data Protection legislation and controlling password access, updating the system with new requirements, having overall responsibility for training and dealing with any queries that arise. Any queries about general parole procedures or policy should be directed to the Parole Help Desk () or, if the matter is urgent, by telephone on 03000 474510. If there are any issues with the performance of PPUD (e.g. document conversion not working), these should be sent to . Any prisoner specific queries should be directed to the relevant PPCS case manager who has responsibility for the establishment where the prisoner is detained.

Offender Managerand Offender Supervisor

2.4.An Offender Manager (OM), who will supervise the offender after release, is allocated to each prisoner at the start of the sentence. An Offender Supervisor (OS) within the prison will also be allocated. Their roles are set out in the“Manage the Sentence: Pre and Post Release from Custody” service specification and accompanying instruction PSI 14/2012 - PI 08/2012. TheOMU within the prison is responsible for arranging the Sentence Plan Review (SPR) meeting, as well as commissioning the relevant SPR reports and coordinating their collation. It is important that the OM ensures that the Parole Assessment Report (PAROM1) reaches the establishment according to the GPP-D timetable (please refer to section 3).The SPR reports should be completed in advance of this, to enable the PAROM1 author to draw on all other sources of information.

Remand Time

2.5.Time spent on remand(either remand to custody, or court directed remand on bail whilst subject to an electronically monitored curfew) counts as time served towards the sentence. Therefore if a prisoner has been on remand for a long period, he/she may be eligible to be considered for parole soon after sentencing.

Additional Days Awarded and time spent unlawfully at large

2.6.Additional days (ADAs) automatically put back the Parole Eligibility Date (PED) and the Conditional Release Date (CRD) or Non-Parole date (NPD). The Sentence Expiry Date(SED) is not altered. Conversely, dates must be advanced by any ADAs remitted.

2.7.Days lost on appeal and time spent unlawfully at large (UAL), will affect all sentence dates including the SED. Any ADAs awarded for being UAL will be subject to the procedures outlined above. If a prisoner is UAL, or returns from UAL, during a parole review the PPCS and the Parole Board secretariat must be advised by theOMU staffof the receiving prison and a report must be sent to theParole Board giving details such as the date of reception and any further charges or additional days awarded.

Timing of reviews

2.8.Prisons have responsibility for undertaking sentence calculations, as set out in PSI 13/2013 - Sentence Calculation – Determinate Sentenced Prisoners.In EDS cases, these must be provided to PPCS.

2.9.With the first GPP-D review,particular care is needed to ensure that where applicable, the oral hearing is held sufficiently early to allow release at PED. If ADAs are awarded once the first review has started, but before the dossier has been sent to the Parole Board, the review must continue as normal and the details of the adjudications must be included in the dossier. If ADAs are awarded after the dossier has been sent to the Parole Board, the PPCS case manager and Parole Board secretariat must be advised at once. Outstanding ADAs must also be included in the dossier although they must be clearly marked as such. The Parole Board secretariat must be advised at once of the outcome. The secretariat must also be advised if a prisoner goes UAL after the dossier is sent to the Parole Board. If a prisoner returns from UAL after the dossier is sent to the Parole Board and a significant number of added days have been awarded, the Board has discretion to postpone its consideration of the case to nearer the revised PED and in those circumstances the Secretariat may need to ask for reports to be updated. The secretariat and PPCS case manager must also be advised of any ADAs restored after the dossier has been submitted to the Board. If a prisoner goes UAL before the dossier is sent to the Parole Board and is absent for a period exceeding 6 weeks then the review should be closed by arrangement with the PPCS case manager. As soon as the prisoner is returned to prison and if it is within 6 weeks, the original review should continue. For those prisoners UAL for a period exceeding 6 weeks, a new review should commence upon their return.