An April 2017 Prison Service sentence management reportcriticised delays in sentence review time frames and concluded that the current parole model is not efficient and requires change.
The Parole Bill 2016, when enacted, will provide that all hearings must take place within six months of the review date and this is expected to bring about substantial improvements to the system.
Only prisoners serving between eight and fourteen years are currently considered for review and only once half the sentence is served. Life sentenced prisoners can be reviewed after seven years has been served.
Serving life
In January 2017 there were 349 prisoners serving life in this country and ten of these were women.
Throughout last year, 21 of these were earmarked for phased parole with day releases increasing to weekend temporary release and gradual re-integration with families, where appropriate.
The Minister agreed with all the Board’s recommendations in relation to these 21 life sentenced prisoners, of whom 14 have received full parole.
The average sentence already served by each of these 14 paroled prisoners was 18 years.
“The Board believes that this gradual re-integration of a prisoner back into the community is the best way of enabling a life sentenced prisoner to re-settle successfully into society,” its annual report says.
Of these 21 parolees, three were women and 18 were men.
Eight of the prisoners had no previous convictions before their murder conviction. In addition, six of the 21 prisoners had received sentences of between 12 and fifteen years in Britain, but were subsequently transferred to an Irish prison meaning the British tariffs do not apply.
None of these prisoners received parole before their tariffs had expired.
Mental health issues
Irish Prison Service director Michael Donnellan has previously said that 70 per cent of Ireland’s prisoners have mental health issues.
The late Judge Michael O’Reilly, as Inspector of Prisons, said that healthcare in prisons should be transferred to the HSE with an immediate health needs assessment of every prisoner.
The Parole Board annual report urges immediate implementation of these “entirely sensible and appropriate” recommendations.
The issue of delays in parole assessments, often caused by flawed timelines with hold-ups in essential reports from probation and psychology services and governors, is tackled head-on.
“These delays aren’t acceptable, and will only be solved with proper resources and with the required reports being given priority,” chairman John Costello says in the annual report.
The Parole Board reveals that it receives letters from victims and/or their families which disclose “enormous pain and suffering” often involving severe trauma and mental health problems after the death of a loved one.
The cases of 66 prisoners were referred for review during 2017 and all were invited to participate in the process. A total of 48 prisoners accepted the invitation while three prisoners declined and 15 invitations to participate were not responded to.
Of the three who declined, two were on determinate sentences and of the 15 who did not respond, all were on determinate sentences and automatically entitled to 25 per cent remission.
The total caseload for 2017 was 346, combining both new and old cases. The Parole Board convened on 11 occasions and reviewed 114 prisoners in person, its highest number ever. Of this 114, 32 were interviewed for the first time.
The Minister accepted its recommendations in 102 cases in full, in three cases conditionally with nine decisions pending.
As part of an awareness-building campaign, the Parole Board also made presentations in every prison to assist inmates in their understanding of the process, with the stated goal of visiting each jail every two years.
The Parole Board 2017 budget was €366,000 with actual expenditure of €308,933.41. Pay accounted for 73 per cent of expenditure. Board members’ fees accounted for 19 per cent of the budget.
Per diem
The Chairman is paid a fee of €11,970 per annum. In addition to an annual fee of €7,695, members are paid a per diem fee of €149.75 per prison visit for conducting prisoner interviews.
Membership of Parole Board
The Parole Board 2017 members are solicitor John Costello who is chairman, Willie Connolly formerly Irish Prison Service, Ciairín de Buis of Start Strong, Noel Dowling of Department of Justice and Equality, Vivian Geiran of Probation Service, retired teacher Ray Kavanagh, solicitor Paul Mageean, solicitor Shane McCarthy, psychotherapist Nora McGarry, psychiatrist Michael Mulcahy, Professor of Criminology Ian O’Donnell, retired AGS assistant commissioner Eddie Rock, psychiatrist Dr Laura Mannion, Martin Smyth of IPS and Pat Sullivan, retired AGS chief superintendent.
Alternate members are Brian Dack of the Probation Service and Mark Wilson of IPS.