When Parole is Breached
What is a ‘Breach of Parole’?
When a parolee does not meet or comply with a condition of their Parole Order, this is considered a ‘breach of parole’. For example if there is a condition to attend for urinalysis testing for illicit drugs and the parolee either fails to attend for urinalysis testing or, the urinalysis test results indicate illicit drug use;
this is considered a ‘breach of parole’.
There are varying degrees of types of breaches, ranging from but not limited to:
- Not reporting for supervision with the parolee’s Community Corrections Officer;
- a lapse or full relapse to illicit drug use;
- contacting a victim (where a non-contact victim condition is imposed);
- not reporting to the front door at a curfew check (carried out by Police); and/or
- re-offending, alleged or otherwise.
For non-compliance with parole conditions that does not indicate a serious increase in risk to community, such as being late for a parole appointment, Community Corrections may deal with the breach without notifying the Board. For example, Community Correction may issue a warning to the parolee or increase the contact frequency. In deciding how to respond to a breach, the main consideration for Community Corrections is whether the breach indicates an increased risk to the community.
If a parolee disengages with their parole conditions, such as they relapse into heavy drug use, it is considered that there is a higher chance of the parolee re-offending and/or the parolee’s risk to community safety is elevated. Therefore a return to prison is usually warranted.
How is the Board notified of a Breach of Parole?
The Board will be formally notified of a breach either by Adult Community Corrections (unless it is suitable for management by Adult Community Corrections) or the Police. A breach can be notified by a victim or member of the public. Although, if the Board is notified of a breach of parole by a victim/member of the public, verification will be sought from Adult Community Corrections or Police prior to any action being taken by the Board.
If you are aware of a parolee breaching a condition(s) of parole, it is recommended you either contact Adult Community Corrections or Police to notify them of this breach.
Adult Community Corrections – Suspending Parole and Issuing Warrants
Adult Community Corrections have the authority to suspend a Parole Order and issue a warrant for the parolee’s return to prison. This will occur if Adult Community Corrections consider that the parolee’s risk to community safety is elevated to such an extent that the parolee should no longer be in the community and should be returned to custody as soon as possible.
Following an Adult Community Corrections suspension, Adult Community Corrections will notify the Board. The Board will then review the matter to consider whether the parolee should be re-released to parole, have the suspension continued to be reviewed at a later date or to the expiry of their sentence, or, cancel the Parole Order. See below for more details.
The Board has been notified of a Breach, what’s next?
When the Board is notified of a breach the main outcomes that can occur are:
- the Board may formally record the events and circumstances of the breach, but take ‘no action.’ Adult Community Corrections will be advised to closely monitor the parolee. If the parolee does not respond accordingly, they could face being returned to custody should they not re-engage with their Parole Order condition(s);
- the Board will advise Adult Community Corrections to issue a ‘warning letter’ to the parolee. This is a formal warning to the parolee. If the parolee does not respond accordingly, they could face being returned to custody should they not re-engage with their Parole Order condition(s);
- the Board will suspend the Parole Order. An Arrest Warrant will be issued and the parolee will be returned to prison. A parole suspension does not mean the Parole Order is cancelled. A parole suspension will allow the prisoner to re-engage with services whilst in custody to provide a strengthened re-release plan for future Board consideration. This may result in their re-release to the community or, if the prisoner’s re-release poses an unacceptable risk to community safety, the Board may cancel the Parole Order.
- the Board will cancel the Parole Order. An Arrest Warrant will be issued and the parolee will be returned to prison. The prisoner will remain in custody until the end of their sentence. However, a prisoner can re-apply for parole consideration at any time thereafter the cancellation of their Parole Order.
Last updated: 8 April 2025