Early Release Schemes in Hong Kong

1. Early Release Schemes in Hong Kong Mr. Kenneth LEUNG Principal Officer Hong Kong Correctional Services Department

2. Early Release Schemes (1) “Pre-release Employment Scheme” (PRES) (2) “Release Under Supervision Scheme” (RUS) (3) “Conditional Release Scheme” (CRS)

3. Pre-release Employment Scheme (PRES)and Release Under Supervision Scheme (RUS)

4. PRES & RUS • first two parole schemes came into operation in 1988 • prisoners serving part of their sentences outside prison environment under supervision of aftercare officers • administered under “Release under Supervision Board” (RUSB)

5. RUSB • consists of 5 unofficial members and chaired by a person who holds or has held judicial office • makes recommendations to the Chief Executive (CE) • considers applications from eligible prisoners • specifies conditions of supervision • considers applications for review of decisions of the Chief Executive in regard to refusal of applications • make recommendations in respect of revocation of supervision order

6. RUS PRES • serving a sentence of 2 years or more and are within 6 months prior to their earliest date of discharge • released under a supervision order similar to that issued under RUS until the earliest date of discharge + reside in a hostel + secured employment • serving a sentence of 3 years or more and have served  one half or 20 months (whichever is the greater) • released under a supervision order which will remain in force until the latest date of discharge

7. PRES & RUS • liable to be recalled to prison to serve the remainder of sentence if in breach of the conditions of supervision order • conditions such as meeting with supervising officer at least once a month, not to commit any crime, informing supervising officer at once of any changes in home and office address, or any employment particulars, etc.

8. PRES & RUS Documents to be examined by RUSB • a report on the conduct of the applicant during incarceration, with recommendations of CSD on the application • any report prepared for the court to assist the trial judge in determining the sentence of the applicant • any recorded observations of the trial judge in passing sentence • any medical reports on the applicant that are available to the Board • any report and recommendation which the Commissioner of Police has made for the Board

9. PRES & RUS Factors to be considered by RUSB personality, maturity, stability, sense of responsibility and any apparent development in personality which may promote or hinder his capacity to comply with the law and with conditions in his supervision order adequacy of supervision available for his supervision ability and readiness to assume obligations and to undertake responsibilities intelligence and training family circumstances

10. PRES & RUS Factors to be considered by RUSB associates before imprisonment where he proposes to reside on release (RUS only) any history of the use of drugs, or of involvement by him with any person who holds a criminal record criminal record conduct in prison attitude towards authority and the law conduct during any previous period of probation, care, supervision or licence

11. PRES & RUS Application for Review • may apply for a review of a decision within 14 days of receipt of the notice • may re-apply for release under a supervision order after one year from the date of refusal

12. Conditional Release Scheme (CRS)

13. CRS • third parole scheme came into operation in 1997 • administered under “Long-term Prison Sentences Review Board” (LTPSRB) • to test the determination of a prisoner serving an indeterminate sentence to lead a decent life when the Board considers it appropriate to defer making a recommendation to the Chief Executive for a determinate sentence. • prisoner is subject to a conditional release order for a period of  2 year (which may be renewed)

14. CRS • required to reside in a hostel • the Board may recommend determinate sentence if being satisfied that the prisoner has complied with the conditions during the period • the Board may suspend, revoke a conditional release order on being satisfied that the prisoner has failed to comply with a condition of the order, and he be recalled to prison • period of release under conditional release order to be treated as part of sentence

15. Long Term Prison Sentence Review Board Composition • consists of 11 unofficial members appointed by the Chief Executive • president and deputy president are judges • other members : • psychiatrist • psychologist • social worker • barrister or solicitor • education worker • those engaged in industry or commerce • those in the field of offenders’ rehabilitation

16. CRS Factors to be considered by LTPSRB • nature of offence • criminal record • views of trial judge • mitigating circumstances • remorse • response to counselling and rehabilitative treatment • age when committing crime • likelihood of rehabilitation and employment prospects • sentences in other similar cases

17. CRS Factors to be considered by LTPSRB • public interest, including public safety and likelihood of re-offending • psychological / psychiatric considerations • conduct in prison • state of health • elderly age • long serving prisoner • minimum term of imprisonment where applicable • assistance provided by the prisoner to law enforcement agencies

18. Hong Kong

19. Thank You See You Next Year! http://www.csd.gov.hk leung_kenneth_ki@csd.gov.hk