Dáil Éireann Debate, Tuesday - 10 December 2013
365. Deputy Nicky McFadden asked the Minister for Justice and Equality the current policy adopted by the Irish Prison Service in relation to temporary release as a means of dealing with over-capacity; if greater focus could be placed on non-custodial options for non-violent and less serious offenders; and if he will make a statement on the matter. [52781/13]
View answerThe Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Before a final determination a number of factors may be taken into account including:
- the nature and gravity of the offence to which the sentence being served by the person relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the period of the sentence served by the person;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk of the person failing to return to prison at the expiration of the period of temporary release;
- the conduct of the person while in custody or while previously on temporary release;
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in the Deputy's question, is examined on its own merits and the safety of the public is paramount when decisions are made.
The Act also provides that, I may consider prisoners for temporary release where I am of the opinion that it is necessary and expedient in order to ensure the good government of the prison concerned and to maintain good order as well as humane conditions within the prison concerned.
The Deputy will be aware that I have announced a number of initiatives and programmes to alleviate over-crowding in the prison system. The Irish Prison Service Three Year Strategic Plan (2012-2015), which is publicly available, outlines a number of measures to be undertaken including the Community Return Scheme, a closer working relationship with the Probation Service and a more structured approach to Temporary Release.
The Community Return Scheme, which was first piloted in 2011, has been rolled out nationally across all prisons. Almost 750 prisoners have taken part in the initiative since it commenced with 526 prisoners now having completed the programme. On 4 December 2013, there were 117 prisoners on the Scheme.
In addition to Community Returns, the Unlocking Community Alternatives Scheme (UCAS) and the Community Support Scheme have been set up in Cork and Mountjoy Prisons in an attempt to address the recidivism levels of those serving sentences of under 12 months from those catchment areas. The UCAS and Community Support Scheme groups are comprised of a number of prison-based personnel, representing the discipline grades and therapeutic services, as well as Community Support Workers based in the community. These Schemes will see a focus on working with short term sentenced prisoners - assisting with issues such as housing, medical care, substance abuse, training needs, etc. The aim is to increase support to prisoners - prior to their release from prison, upon their release and then for a period after their release in order to help break the cycle of re-offending. Discussions have been ongoing, in this regard, with a number of external agencies and it is hoped that further initiatives will commence in the near future.
