Abolitionist Demand 15: End the practice of re-incarcerating people for breaching parole, probation, or bail conditions.

This is a part of No Pride in Prisons’ Abolitionist demands. These demands were originally published as a book. To see a pdf of the book, click here. To buy a copy, please email info@noprideinprisons.org.nz 

Someone’s release on parole or probation is made on a conditional basis, and the Department of Corrections outlines that there are both standard and special conditions for release. Corrections is able to recall individuals on probation or parole to prison for what it deems ‘non-compliance’ or breaching parole/probation conditions.[1] The Department of Corrections’ website lists “not associating with certain people” as a standard release condition.[2] Special conditions are outlined by the New Zealand Parole Board, with one common special condition being “taking prescription medicine.”[3]

Those on parole face disciplinary action and can be recalled to prison if they breach these conditions.[4] It is entirely unreasonable that a condition of release may include a factor as arbitrary as ensuring that people ‘take prescription medicine.’ It means that if, for any reason, a person needs to stop taking prescribed medication without the consent of their doctor and parole officer, that person could be imprisoned for asserting their bodily autonomy and deciding what medication to take. This demonstrates that the Department of Corrections and the New Zealand Parole Board see parole and probation conditions as a further opportunity to encroach on incarcerated people’s dignity and autonomy.

Often a condition of release will be that former prisoners do not associate with friends and whānau due to alleged ‘criminal connections.’[5] This then puts people in an untenable position of having to either isolate themselves from their only available support network, or otherwise risk disciplinary action or being recalled to prison. No Pride in Prisons demands an immediate end to this practice. No one should be recalled to prison for associating with anyone regardless of ‘criminal connections.’ No one should be punished for wanting to be surrounded by friends and whānau after experiencing incarceration. No one should be wilfully alienated from their community. Given the scarcity of state resources and support available to previously incarcerated people, communities can be a person’s sole source of support.

New Zealand prisons are currently at 106.1% capacity[6] and incarceration rates continue to increase despite levels of crime decreasing.[7] The practice of incarcerating individuals on parole, probation or bail for violations that are not new criminal charges contributes in no small part to mass incarceration. It must be ended immediately.

[1] Department of Corrections, “Holding Offenders to Account,” Department of Corrections, 24 March 2016. http://www.corrections.govt.nz/working_with_offenders/community_sentences/sentences_and_orders/holding_offenders_to_account.html.

[2] Department of Corrections, “Standard and Special Conditions,” Department of Corrections, 24 March 2016. http://www.corrections.govt.nz/working_with_offenders/community_sentences/being_on_probation/special_conditions.html.

[3] Ibid.

[4] Department of Corrections, “Holding Offenders to Account,” Department of Corrections, 24 March 2016. http://www.corrections.govt.nz/working_with_offenders/community_sentences/sentences_and_orders/holding_offenders_to_account.html.

[5] Shelley Robinson, “Homeless ‘Friends’ Can’t Hang Out,” Stuff, 24 September 2014. http://www.stuff.co.nz/national/10535365/Homeless-friends-can-t-hang-out.

[6] Institute for Criminal Policy Research, “New Zealand | World Prison Brief,” Institute for Criminal Policy Research, 17 March 2016. http://www.prisonstudies.org/country/new-zealand.

[7] Brian Rudman. “High Incarceration Rate is the Real Prison Scandal,” NZ Herald, 29 July 2015. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11488264.