Beyond Prison Walls: A Guide to Parole and Community Corrections Orders in Australia

Key Takeaways

• Sentences in the Community: Many criminal sentences are served in the community, not in prison. The most common is a Community Corrections Order (CCO), which involves supervision and specific conditions.

• What Parole Is: Parole is the conditional release of an offender from prison to serve the remainder of their sentence in the community under strict supervision. It is a privilege, not a right.

• Strict Rules Apply: Both parole and CCOs come with legally binding conditions that must be followed precisely.

• Breaches Have Severe Consequences: Failing to comply with the conditions of parole or a CCO is a serious matter that will result in the offender being brought back before a court or the Parole Authority, and often leads to a return to prison.

Introduction

For a person convicted of a crime and for their family, the judge's final sentence is not the end of the story—it's the beginning of a new, highly regulated chapter. The process of serving that sentence, especially when it involves being supervised in the community, is often poorly understood.

This guide will demystify what happens after sentencing. We will explain the two most common forms of supervised liberty in the community: Community Corrections Orders (CCOs) and Parole. Understanding how they work and the strict rules that apply is the key to successfully completing a sentence and moving forward.

Important Note: Sentencing laws are complex and legislated by each state and territory. This article uses the law in New South Wales (NSW), primarily the Crimes (Sentencing Procedure) Act 1999, as a guiding example.

Learn more about the Crimes (Sentencing Procedure) Act 1999 at New South Wales Legislation.

A Community Corrections Order (CCO) is a type of sentence that allows an offender to serve their penalty in the community instead of going to prison. It is supervised by Community Corrections officers and is designed to be flexible, allowing a court to impose conditions aimed at rehabilitation and preventing re-offending.

A CCO can be imposed for up to three years and has mandatory conditions that apply to everyone.

Standard CCO Conditions

Every person on a CCO must:

1. Not commit any further offences.

2. Report to a Community Corrections officer as directed.

Additional CCO Conditions

A judge has a "menu" of additional conditions they can add to the CCO, tailored to the specific offender and the crime. These can include one or more of the following:

• A community service work condition (up to 500 hours).

• A supervision condition, requiring regular meetings with a corrections officer.

• A curfew condition (e.g., must be at home between certain hours).

• A non-association condition (must not contact co-offenders or victims).

• A place restriction condition (must not go to certain places, like a specific pub or suburb).

• Rehabilitation program conditions (must attend programs for drug/alcohol abuse, anger management, etc.).

Parole is the conditional release of a prisoner from jail after they have served a minimum part of their sentence. They serve the remainder of their sentence in the community, under the strict supervision of a Community Corrections officer.

The 'Head Sentence' and the 'Non-Parole Period'

When a judge imposes a prison sentence of more than six months, they will usually set two numbers:

1. The Non-Parole Period: The minimum time the person must spend in prison.

2. The Head Sentence: The total length of the sentence.

The time between these two dates is the parole period. For example, a judge might sentence someone to a head sentence of 3 years, with a non-parole period of 18 months. This means they must spend at least 18 months in prison, after which they can be considered for release on parole for the remaining 18 months.

The Role of the State Parole Authority

In NSW, the decision to grant parole is not made by the judge or the prison. It is made by an independent body called the NSW State Parole Authority (SPA). Just before an offender's non-parole period expires, the SPA will review their case to assess if their release is in the public interest. They will consider the offender's behaviour in prison, participation in rehabilitation programs, and their post-release plans.

For more details on the NSW State Parole Authority, visit NSW Justice.

Common Parole Conditions

If parole is granted, the offender must comply with standard conditions (like being of good behaviour) as well as specific additional conditions, which are often very similar to those for a CCO, including supervision, place restrictions, and rehabilitation programs.

Compliance with parole or a CCO is not optional. Any failure to follow the rules is a breach and is treated extremely seriously.

• Breaching a CCO: If you breach a CCO (e.g., by failing to report, failing a drug test, or committing a new offence), your supervising officer can report the breach. You will be brought back before the court and re-sentenced for the original offence. This can result in the court imposing a harsher penalty, such as full-time imprisonment.

• Breaching Parole: If you breach your parole conditions, the State Parole Authority has the power to revoke parole. This will result in a warrant being issued for your arrest. If your parole is revoked, you will be returned to prison to serve the remaining part of your head sentence in custody.

Parole and Community Corrections Orders are fundamental parts of the Australian justice system, designed to balance punishment with the goal of rehabilitation. They are an opportunity for offenders to serve their sentence while reintegrating into society, maintaining family connections, and accessing support programs.

However, it is crucial to remember that they are not a form of freedom; they are a form of custody in the community. Understanding and strictly adhering to every condition is the only path to successfully completing a sentence, avoiding a return to prison, and building a positive future.

AHL Legal: Your Partner in Navigating Parole and Community Corrections

Facing challenges with parole or Community Corrections Orders in Australia? At AHL Legal, we provide expert legal advice and representation to help you comply with conditions and achieve the best possible outcome.