Parole, alternative sentencing among keys to addressing prison overcrowding

Nov 06, 2018 News

Parole for convicted felons and alternative sentencing are among key factors which can help ease overcrowding among the prison population.
In a recent interview with Kaieteur News Chairman of the parole board, retired Justice Olsen Small spoke of the effects the work of the parole board has on the prison population.
Justice Small noted that while only a fraction of prisoners may be eligible for parole, the Board has been active in releasing inmates who qualify.
He noted that the Parole Board has also been a part of addressing the situation in the prisons.
The law determines who is eligible for parole and it depends on the file before the board. Then recommendations are made to the Minister of Public Security about who will be granted parole licenses.
Justice Small stressed however that while the board is cognizant of fact that the prison is overcrowded, it must conduct its work in keeping with the laws.
“Parole is quite a complex matter and while it is a release from prison, these persons are still serving a sentence and are still under supervision and surveillance of the authorities.
“It is just not in the prison and on conditions set by the parole board. These persons are still monitored by probation officers and in some cases, mandated to check with the parole unit. So we don’t want the public to be concerned that these persons have been set free. That‘s not the case, they are still serving a sentence, just not behind bars,” he explained.
Justice Small said that after completing the mandatory one-third period of the sentence imposed as prescribed by law, a person becomes eligible for parole consideration.
Subsections (a) and (b) of Section 5(1) of the Parole Act states that the Minister may, if recommended to do so by the Board on a reference made to it by him, release on licence a person serving a sentence of (a) imprisonment, other than imprisonment for life or (b) detention imposed under section of the Juvenile Offenders Act in respect of any offence of wounding with intent to cause grievous bodily harm.
Just last week, Angelique Williams who was sentenced for the unlawful killing of her pregnant best friend, was among 16 prisoners released on parole.
Director of Prisons (ag), Gladwin Samuels, has noted that while the parole board has been doing its part to address the situation, alternative sentencing initiatives proposed by the Ministry of Legal Affairs the Criminal Justice System Programme, (SCJSP) to address issues relating to overcrowding at local prisons.
He noted that it would be very beneficial to the prison service since a number of prisoners who are currently incarcerated would have the opportunity to be otherwise sentenced to community service or, whatever form the ministry would choose.
“With persons who commit certain crimes, there is a likelihood of being given an ‘alternative’ – instead of those persons having to go to Camp Street, Mazaruni or Lusignan- but if they feel that they may stand the chance of serving a period of community service” he said.
The alternative project is slated to provide legal assistance to persons accused of minor, non-violent offences in pre-trial detention.
The project entails training activities, which seeks to strengthen legal representation skills among Non-Governmental Organizations (NGOs) and other aid providers.
The Ministry of Legal Affairs has outlined that the project may use supervised paralegals to provide support to legal aid in the prisons and police stations.
Seeking dismissal of charges or arguing for bail and generally avoiding procedural delays are some areas in which legal aid agents can garner support.
The implementation of a more pro-active use of alternative sentencing by the criminal justice system is also an area for consideration.
It was recommended that the Government may consider having prisoners deferred to a rehabilitation facility for specified treatment.
To this end, a study is being carried out on the appropriate treatments of prisoners prone to substance abuse and mental health issues.

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