NCJ Number
112349
Date Published
1988
Length
56 pages
Annotation
These recommendations by the Australian Law Reform Commission pertain to parole entitlement, other provisions which impact upon release date, parole release, parole conditions, liability to serve the remainder of a term, service of the remainder of imprisonment, and release on license.
Abstract
General recommendations are that release should be according to law, the law should be flexible and simplified, and administration should be simplified. Regarding parole entitlement, the commission proposes that parole be available to Federal offenders in all jurisdictions, State law should apply, the court must specify the minimum term, and exceptions should be limited. Other provisions which impact upon release date are the commencement date of sentence and minimum term, remissions, and prerelease programs and temporary release. Regarding parole release, the commission recommends automatic release and the release of life prisoners without a specified minimum term by order of the minister. The commission also recommends that no parole condition, including supervision, be mandatory. Issues pertinent to the liability to serve the remainder of a term are the circumstances in which a person should be liable to serve the balance of imprisonment and the circumstances of parole revocation. The time spent on parole would be deducted from the remaining prison time. Under the commission's recommendations, release on license would be retained with eligibility limited and the consequences of license revocation the same as for parole revocation. Draft legislation, table of cases and legislation, and 11-item bibliography.