Key features of the parole system include:
Conditional Release: When an inmate is granted parole, they are released from prison but are required to adhere to specific conditions and terms. These conditions are aimed at supporting the individual's rehabilitation and reducing the risk of reoffending.
Supervision: Parolees are placed under the supervision of a parole officer or parole agent who monitors their progress and compliance with the conditions of parole. The parole officer provides guidance, support, and assistance to help the parolee successfully reintegrate into society.
Rehabilitation and Reintegration: The primary goal of the parole system is rehabilitation and reintegration. By allowing inmates to reenter society under supervision, parole offers them an opportunity to address the underlying causes of their criminal behavior and make positive changes in their lives.
Risk Assessment: Before granting parole, a comprehensive risk assessment is conducted to evaluate the parolee's potential risk to public safety. Factors such as the nature of the offense, the individual's criminal history, behavior in prison, and the likelihood of reoffending are taken into account.
Revocation: If a parolee fails to comply with the conditions of parole or commits new offenses, their parole may be revoked. This could result in their return to prison to serve the remainder of their original sentence.
SCCLO and Parole Board: The decision to grant parole is typically made by a parole board and final approval is given by the Standing Committee of Cabinet for Law and Order (SCCLO). The board reviews the individual's case, considers the recommendations of the parole officer, and determines if parole is appropriate.
Different from Probation: Parole and probation are similar in that they both involve conditional release and supervision, but they differ in their timing and the population they serve. Parole is granted after a period of incarceration, while probation is an alternative to imprisonment and is typically imposed instead of serving time in prison.
The parole system varies by jurisdiction and may have different rules and regulations depending on the country, state, or region. The goal of the parole system is to strike a balance between public safety and providing opportunities for rehabilitation and reintegration for individuals who have demonstrated their readiness to be reintegrated into society after serving a portion of their sentence in prison.
Ways to avail the opportunity of Parole Release
Under
executive order no. 7, the cases of the prisoners who are eligible for release
under rule-9-1 of the Good Conduct Prisoners’ Probational Release Rules can be
taken up by the Assistant Director/Parole Officer for consideration in any of the following
ways:-
a. On
the application of the prisoners.
b. On
the application of the relatives or friends of the prisoners.
c. On
the recommendation of Superintendent of the Jail.
d. On
his visit to Jails.
Criteria for Release on Parole
It is submitted that the Provincial Government
is empowered to release a prisoner under section 2 of the Good Conduct
Prisoners’ Probational Release Act, 1926 and subsequent Rules 1927. The same is
reproduced as under:
Notwithstanding anything contained in Section
401 of the Code of Criminal Procedure, 1898, where a person is confined in
prison under a sentence of imprisonment, and it appears to the Punjab
Government from his antecedents or his conduct in the prison that he is likely
to abstain from crime and lead a useful and industrious life, if he is released
from prison, the Punjab Government may by license permit him to be released on
condition that he be placed under the supervision or authority of a Government
Officer or a secular institution or of a person or society professing the same
religion as the prisoner, named in the license and willing to take charge of
him.
Further,
the eligibility of the prisoner for release on parole is determined under Rule 9-I of the Good Conduct Prisoners’
Probational Release Rules, 1927. The same is reproduced as under:
1. The following classes of offenders
shall be eligible for conditional release under the Act:-
(a) First Offenders who have been
convicted of the following Offences and sentenced to imprisonment exceeding 2
years, if the unexpired period of sentence is not more than 6 months;
i. Offences under Chapter V-A, VI and
VII and Section 216-A, 303, 311, 328, 364, 382, 386 to 389, 392 to 402, 413,
455, 458 to 460 of the Pakistan Penal Code;
ii. Offences under the Criminal Law
Amendment Act, 1908; and iii. Offences under the Explosive Substances Act,
1908;
(b) Offenders who have been convicted
of offences other than those mentioned in clause (a) above and sentenced to
imprisonment for a period not exceeding 3 years;
(c) Prisoners whose age on the date of
their latest sentence does not exceed twenty one years. Provided that in case
of his conviction for offences mentioned in (a) above he satisfies the
conditions laid down therein;
(d) Offenders who have been convicted
for offences other than those mentioned in clause (a) above and sentenced to
imprisonment for a period show below in column (A) and have undergone
imprisonment for a period not less than that shown below in column (B): -
Existing
Provisions for minimum period already undergone to qualify for parole release:
|
(A) |
(B) |
|
Term of Sentence |
Minimum period of imprisonment already undergone |
|
1. Exceeding 3 years but not exceeding
7 years. 2. Exceeding 7 years but not exceeding
10 years. 3. Exceeding 10 years but not exceeding
14 years including life imprisonment commuted to 14 years. 4. Life imprisonment exceeding 14
years. |
1.
One
third of the substantive sentence excluding remission. 2.
One
third of the substantive sentence excluding remission. 3. One third of the substantive
sentence excluding remission other than educational remission. 4. Ten years of the substantive
sentence excluding remission other than educational remission. |
Classes of offenders not to be released on parole under the prevailing Policy
The provisions of the Good Conduct Prisoners’ Probational Release Act 1926 and Rules, 1927 the following classes of offenders convicted and sentenced under the offences as mentioned below shall not be allowed parole under the Policy of the Government:-
|
I |
Offences under the subversion and
terrorism Act; |
|
II |
Offenders who have been convicted
and sentenced under the Narcotics Substance Act, 1997; |
|
III |
Offenders who have been convicted
and sentenced under the ZINA and HADOOD Ordinance, 1979 (including the
offence of sodomy); |
|
IV |
Offenders who have been convicted and
sentenced of the offence of fraud, bank fraud, embezzlement; |
|
V |
Offenders
who have been convicted and sentenced of the offence of massive fraud; |
|
VI |
Offenders who have been convicted
and sentence of the offence of moral
turpitude; |
|
VII |
Offenders
who have involved in multiple murder case. |
No
case of parole release shall be forwarded by the Director General, Punjab
Probation and Parole Service to the Home Department for placing it before the
Parole Board where the appeal/ revision or 2nd case is pending
against the prisoner.
List of Documents Completed by a Prisoner to be released on Parole
I. Statement of Particulars:
It
comprises of complete history of case received by the jail authorities
II. Descriptive Roll of Prisoner:
Remission sheet in which detail of sentence served and
remaining is given
III.
Copy of Warrant of Commitment:
Copies
of judgments of Trail and Appellant Courts
IV.
Statement of Willingness:
Ensures
that whether prisoner is willing to get benefit of parole or not?
V.
Opinion of District Authorities:
Their recommendations about release of prisoner on Parole by keeping in
view the background of the prisoner
VI.
Report of Prison Psychologist:
This
is to know about mental health of prisoner
VII.
Risk Assessment Matrix:
To
enquire about risk of reoffending of prisoner
Procedure
for taking Employer License
Each
prospective employer will submit to the Assistant Director, through the Parole
Officer concerned, an application in form “G” (3.1) for the employment of parolee. The concerned Parole
Officer will send the application to the District Police Officer for
verification of the antecedents of the applicant. After verification, the
Assistant Director will issue Parole Release License to the applicant.
Criteria for Employment of Parolee
With
the permission of the Assistant Director, Parole Officer may allow prisoner
placed under his authority to be employed by a specific employer, which will fulfil all the requirements including rate of wages approved by the Assistant Director
and shall take from the employers an agreement (Form 3.14) in writing embodying
the conditions of employment.
The Parole Officer shall be responsible in such cases for seeing that suitable
agreements are made for the lodging of the prisoners in sanitary conditions and
for enforcing payment of the remunerations and other conditions of the
agreements. A Parole Officer shall also be generally responsible for the
conduct and discipline of every prisoner placed under his authority and for his
due observance of the conditions of his license. He shall report any breach of
conditions of a license by a prisoner or employer to the Assistant Director. Furthermore,
the Assistant director may take appropriate action after recommendation of
Parole officer against parolee or the employer as the case may be.
Parole
Officer under the supervision of Assistant Director remain in close liaison
with parolee and employer. He makes sure good behavior of the employer with the
parolee and vice versa. On the contrary, if employer is not treating the parolee
in good manner, the Assistant Director blacklists the license of the employer. Similarly,
if a parolee breaches the conditions of his Parole Release License, the parole
officer move the case to the competent authority for revocation of his license.
It is pertinent to mention that the department only registers employers who comply with all codal and legal requirements. Only those employers are selected who are able to improve the quality of life of parolees and those who can provide employment to parolees after their final release. The main goal is to help parolees become self-reliant by enhancing their skills over time. Additionally, it is strictly enforced that parolee is employed 200 km away from both his residence and the crime’s scene.
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