Parole Board Regulations, 2012

L.N. 65 of 2012

RESTORATIVE JUSTICE ACT

(CAP. 516)

Parole Board Regulations, 2012

IN exercise of the powers conferred by article 44 of the

Restorative Justice Act, the Minister for Justice, Dialogue and the

Family has made the following regulations:-

The title of these regulations is the Parole Board

Regulations, 2012.

(Regulation 12)

OATH OF OFFICE OF PAROLE BOARD MEMBERS

Form of oath to be taken by the chairman and members of the Parole Board

I ................................................ having been appointed as Chairman/Member

of the Parole Board do swear/solemnly affirm that I will faithfully, fully,

impartially and to the best of my ability discharge the trust and perform the duties

devolved upon me by virtue of the said appointment.

So help me God.

(Signature of Board member)

(Signature of Commissioner for Oaths)

RUBBER

STAMP

(date)

In these regulations, unless the context otherwise requires

"the Act" means the Restorative Justice Act;

"applicant" refers to the prisoner applying for the Parole licence;

"application" means an application for the Parole licence by a

prisoner eligible to apply for parole;

"Board" means the Parole Board;

"Chairman" means the Chairman of the Board referred to in the

Act;

"dossier" means the Parole dossier referred to in article 13 of

the Act;

"prisoner" means a person who is serving a sentence in prison;

"Liaison Officer" refers to the person appointed under article

26(2) of the Act;

"Offender Assessment Board" refers to the

Offender

Assessment Board appointed under article 3 of the Act;

"Parole Clerk" has the same meaning as is assigned to it in

article 2 of the Act, who shall be a public officer;

"Parole Officer" has the same meaning as is assigned to it in

article 2 of the Act;

"prison" has the same meaning as is assigned to it in the Prisons

Act;

"temporary recall" means the recalling of the parolee upon a

report mentioned in regulation 5(1).

(Regulation 14)

Parole Board Regulations

PAROLE AGREEMENT

Today, the application for Parole licence filed by (name and surname)

(hereunder referred to as "the Parolee"), bearing Identity Card Number

................................. and residing at ................................................................. was

considered by the Parole Board set up by virtue of the Restorative Justice Act.

By virtue of the said Act, the Parole Board is hereby granting a Parole

Licence to the afore-mentioned person on the conditions laid down hereunder,

effective from ......................................... .

The following shall serve as minimum conditions

1. Reporting/Release

(As per Board’s decision)

2. Residence

(As per Board’s decision)

3. Cooperation

(As per Board’s decision)

4. Out-of-State Travel

(As per Board’s decision)

5. Employment/Program

(As per Board’s decision)

6. Special Conditions

(As per Board’s decision)

7. Your Parole Expiration Date is: ..........................................

This parole licence is granted to, and accepted by, you, subject to the

conditions stated herein, and with the knowledge that the Parole Board has the

power, at any time, in case of violation of any of the conditions of parole, to cause

your return to prison.

Chairman, Parole Board

(date)

AGREEMENT BY PAROLEE

I have read, or have had read to me, the conditions of my parole licence, and

I fully understand them and I agree to abide by and strictly follow them.

I fully understand the penalties involved should I, in any manner, violate the

foregoing conditions.

Parolee: ........................................................................................

Officer Witness (Parole Clerk): ....................................................

(full name)

Dated: .................................................

€0.90

(1) When an application is received at the Parole Duties of the

Clerk’s office, the application shall be listed in a special register and Parole Clerk.

given a reference number, and the applicant shall be given an

acknowledgement in writing.

(2) The Parole Clerk shall immediately inform the Liaison

Officer, the Parole Unit and the Care and Re-integration Unit on

receiving an application as referred to in this regulation.

(3) The Parole Clerk shall submit to the Board the applicant’s

dossier, upon ascertaining that the dossier, compiled as required by

article 13 of the Act, is available.

(4) In the performance of his duties, the Parole Clerk shall

(a)

have access to all relevant records pertaining to the

application, including those kept by the Police, the Courts, the

Correctional Services, the Probation Services and any other

relevant authority; and

(b) be bound by confidentiality, and shall not divulge

any personal information on any applicant, except as provided

for in the Act and in these regulations.

(1) In carrying out its functions, the Board shall not be Board

proceedings.

under the authority of any other body.

(2) In conducting its functions, the Board shall regulate its

own proceedings

Provided that the Board shall meet at least once a month,

and at shorter intervals when and if so deemed necessary to evaluate

pending applications and reports of breach of the parole licence.

(3) In order to commence and continue proceedings in a Board

meeting, the number of Board members present shall be at least fifty

per cent plus one of the total number of Board members.

(4) When an application is forwarded to the Board by the

Parole Clerk, the following procedure is to apply

(a)

it shall be the discretion of the Chairman to decide

on the number of cases to be inserted in the agenda of the

meeting to decide on applications;

(b)

the Liaison Officer, the Parole Unit, the Offender

Assessment Board and the Police shall be notified of the date

when the application would be heard before the Board and they

shall be obliged to forward to the Board any information

deemed relevant to the application.

(1) In cases of a report for breaches of the parole

licence, submitted in terms of article 16(1) of the Act, the Chairman

or his representative shall issue a temporary recall. The temporary

recall, which shall be executed by the Police, shall not exceed a

period of seven working days.

(2) When deciding the case following a recall, the Board may

either re-activate the Parole licence, or it may amend the Parole

licence, or suspend the Parole licence.

(3) In cases of a breach of the parole licence, the Board shall

only decide on matters of fact and not on matters of law.

(4) During the proceedings, the Parole Officer shall present

the facts of the alleged breach but shall not assume the function of a

prosecutor. The Parole Officer may, in fact, be summoned as a

witness.

(5) If the parolee is found guilty of a breach of the parole

licence and the Board’s decision is that the parolee be recalled to

continue the part of his sentence for which he was granted parole, the

Police shall be requested to effect such recall.

(6) The Board’s decision shall be communicated to the

Director responsible for Parole, the Director responsible for

Correctional Services and the Commissioner of Police.

(1) During the evaluation of an application, the

Manager responsible for the Care and Re-integration Unit, or his

representative, shall be present during the proceedings in order to

clarify any matter or take any action as recommended by the Board.

(2) If the Liaison Officer has signified his intention to speak

on behalf of the victim, he shall be afforded the opportunity to do so

before the Board during its evaluation.

(3) When evaluating an application, the case shall be

considered on its own merits, and no reference to any other similar

case shall be made either in defence of, or against, such application.

(4) When evaluating the application, due consideration shall

be given by the Board to the assessments included in the dossier, any

reports submitted by the Parole Officer, as well as the

recommendation of the Offender Assessment Board.

(5) When granting parole, the Board may impose in the Parole

Licence any conditions it may deem necessary. These conditions shall

be explained in ordinary language to the parolee by Parole Clerk.

(6) The Board’s decision shall be final

However, in the case of a refusal by the Board to grant

parole, the applicant shall be entitled to lodge another application

after the lapse of six months from the Board’s decision.

(7) By not later than one week after the Board’s decision, the

Parole Clerk shall forward a copy of the decision to the Director of

Probation and Parole Services, the Director of Correctional Services,

the applicant, the Liaison Officer, and the Police.

(8) When evaluating an application, the Board may consider

the following criteria as positive factors

(a)

the fact that the applicant had immediately signified

his intention to follow the care plan prepared by the Offender

Assessment Board;

(b) the fact that the applicant wished to meet his victim

and make good for any damages suffered;

(c)

the existence of a reparation agreement and the

actual implementation of the terms and conditions contained

therein;

(d) the progress made in undergoing rehabilitative and

re-integration programmes included in the applicant’s care plan;

(e)

any additional rehabilitative and re-integration

programmes, including any educational, vocational, religious or

other activity carried out by the applicant during his

incarceration, even though such programme or activity was not

included in his care plan;

(f)

the applicant’s good or exemplary behaviour in

prison.

(1) When the Board receives a report of a breach of a Board

proceedings

parole licence in terms of article 19(h) of the Act, the Board

when evaluating

a report of a

shall convene a meeting as soon as possible but not breach

(a)

parole licence.

later than two working days from receipt of the report;

(b) may summon the Parole Officer and any other

witnesses to testify on the facts relevant to the breach;

(c)

may summon the parolee to give evidence and hear

his justifications, if any; and

(d) shall decide whether to amend, suspend or revoke

the parole licence.

(2) Any decision by the Board shall be explained in ordinary

language to the parolee by the Parole Clerk.

(1) When a parole licence is amended, the Board shall

immediately inform the Director of Probation and Parole services, the

Director of Correctional Services, the Parole Officer, the Police, the

Liaison Officer and the parolee, of the conditions in the amended

parole licence.

(2) The amended parole licence shall include a clause stating

that any further breach of conditions, if proved, will result in the

immediate incarceration of the parolee and the date, if any, when the

prisoner shall once again become eligible for parole.

(1) The suspension of a parole licence shall be made

when a parolee breaches a condition of parole or when the Board

deems it necessary and reasonable to suspend the parole licence in

order to prevent a breach of any condition in the parole licence or to

protect society.

(2) When a parole licence is suspended, the Board shall order

the immediate recommitment of the parolee to prison until the

suspension is withdrawn.

(3) The Board shall decide on the period during which the

parole licence shall be suspended, which period shall not last till the

time when the sentence of the offender has expired according to law.

When a parole licence is revoked, the parolee shall be

immediately recommitted to prison to serve the remaining period of

his original sentence, including the time during which he had

benefitted from parole.

(1)

The Board shall meet at the correctional facility.

(2) During the sittings, the Director of Correctional Services

shall make available a number of correctional officers for security

purposes and for the purpose of apprehending an offender should a

parole licence be suspended or revoked.

(3) During the sittings, the Skrivan tal-Parole shall record the

proceedings and such record, which shall be in writing, shall be

signed by the Chairman and the Skrivan tal-Parole. The record shall

include the matter under review, a list of witnesses heard, and the

Board’s decision.

Each member of the Board shall, on taking office, take the Oath of Office.

oath of office prescribed in the First Schedule, which oath of office

shall be taken before a Commissioner for Oaths.

The Director of Correctional Services and Uffiëjal ta’ Attendance.

Kollegament may attend all Board sittings.

The parole licence shall be included in the Parole Parole

Agreement, which shall be in the format set out in the Second Agreement.

Schedule.

For the purposes of the location of the placement of the Placement of

parolee for community service work as provided in the proviso to parolee

community

article 12 of the Act, the Bord tal-Parole shall refer the case to the service work.

Director.