Early Release Schemes in Hong Kong

Mr. Kenneth LEUNGPrincipal Officer

Hong Kong Correctional Services Department

Early Release Schemes

(1) “Pre-release Employment Scheme” (PRES)

(2) “Release Under Supervision Scheme” (RUS)

(3) “Conditional Release Scheme” (CRS)

Pre-release Employment Scheme (PRES)

and

Release Under Supervision Scheme (RUS)

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)

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

RUS 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

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

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.

PRES & RUSDocuments 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

PRES & RUSFactors to be considered by RUSB1. 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

2. adequacy of supervision available for his supervision

3. ability and readiness to assume obligations and to undertake responsibilities

4. intelligence and training

5. family circumstances

PRES & RUSFactors to be considered by RUSB6. associates before imprisonment

7. where he proposes to reside on release (RUS only)

8. any history of the use of drugs, or of involvement by him with any person who holds a criminal record

9. criminal record

10. conduct in prison

11. attitude towards authority and the law

12. conduct during any previous period of probation, care, supervision or licence

PRES & RUSApplication 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

Conditional Release Scheme (CRS)

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)

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

Long Term Prison Sentence Review BoardComposition

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

CRSFactors 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

CRSFactors 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

Hong Kong

Thank YouSee You Next Year!

http://www.csd.gov.hk

leung_kenneth_ki@csd.gov.hk