C524
PRISONERS (RELEASE UNDER SUPERVISION) BILL 1987
3. The Governor will have the authority to order the release prisoner on the Board's recommendation, and to set conditions of release, subject to basic eligibility criteria as to the length of sentence imposed and the amount of it that has been served (clause 7). A released prisoner, whether or not he is required to reside in a hostel, will receive a supervision. order from the Commissioner of Correctional Services (clause 8), which will specify the conditions of his release and will specify the date on which the order will expire. This date is to be calculated in accordance with clause 9 of the Bill.
4. A prisoner whose application for release under supervision is refused will be able (under clause 12) to apply for a review of the decision to refuse his release.
5. Clause 7(2) provides for a prisoner to be required to reside in a hostel established under the Prisons Ordinance. (Such hostels are under the control of the Commissioner of Correctional Services). Unauthorized absence from a hostel will be punishable with similar penalties as in the case of contravention of the terms of a supervision order, and will also render the offender liable to arrest without warrant (clause 11).
6. Part III of the Bill provides for cases in which a supervision order is determined before its due expiry date. A supervision order will be capable of being revoked by the Governor on the Board's recommendation, or by the Commissioner of Correctional Services in circumstances where the public interest requires urgent action, or may cease to have effect in the event of a further sentence of imprisonment being ordered against the same person. The prisoner will then be liable to be reimprisoned for the remainder of his sentence, but will be able to apply to the Board for a review of his case.
7. Part IV of the Bill contains miscellaneous provisions, including provision for the exclusion of judicial review, and power for the Governor to delegate the exercise of his powers and for the Governor in Council to make regulations. It also includes ancillary amendments to provisions for supervision of youthful prisoners under section 109AA of the Criminal Procedure Ordinance (Chapter 221).
8. Staffing requirements and costs of the schemes will be met from existing resources in 1987-88. For 1988–89, a total staff cost of $2.92 million will be required with additional departmental expenses amounting to about $132,000. For 1989-90, the Commissioner of Correctional Services will require an additional $370,000 for supervisory staff. But there will also be some savings arising from a projected reduction in the prison population, which amounts to $214,000 in the first year and will increase to $370,000 in 1991-92.
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