SOME details or half-truths gleaned from various social media platforms do not accurately represent the expected operations of the new parole system to be introduced by the Zimbabwe Prisons and Correctional Services (ZPCS) in June.
What is a parole system?
Parole is a conditional release from prison that allows an individual to serve the remainder of their sentence in the community under the supervision of the ZPCS. The prisoner gets out of jail, but must live up to a series of responsibilities. Parole is not a right. It's a privilege for prisoners who seem capable of reintegrating into society. The ZPCS will still retain the discretion to deny parole to prisoners they deem dangerous.
Why have a parole system?
The main purpose of the parole system is to enhance rehabilitation, reintegration, and community safety. Parole offers an opportunity for a prisoner to transition back into society. The conditions or restrictions aim to encourage good behaviour after incarceration. Parole also reduces prison overcrowding and grants offenders who are considered unlikely to harm others the benefit of supervised life in society. The parole system helps the Government to cut down on the high costs of maintaining large prison populations while keeping the population at large safe. As of the end of the first quarter of 2024, Zimbabwe had 24 068 prisoners in its facilities, with 97.2 percent being male and the remainder, female, an increase from 23 017 in the first quarter of 2023.
Who grants parole?
Under the new Prisons and Correctional Service Act, an inmate can be released through a decision made by the President, the State Parole Board, the Commissioner-General of Prisons, or the Minister responsible for Prisons and Correctional Services.
Who's eligible for parole?
The new Prisons and Correctional Service Act provides that some convictions make prisoners ineligible for parole or eligible only after certain considerations. There is a provision for the establishment of the State Parole Board that will set conditions for early release from prison. The board will determine how each prisoner considered for parole would have met the required conditions.
What happens at a parole hearing?
Just like in other jurisdictions, parole hearings will be done. And if the parole board finds that a prisoner is eligible, the inmate appears at a parole hearing. If granted parole, the parolee is released and lives free in society, but under the continued supervision of the prison authority. Parole decisions will involve multiple steps.
For instance, review by a panel from the State Parole Board, the Commissioner-General of Prisons, or the Minister responsible for Prisons and Correctional Services up to the President will determine parole decisions. When the President gets to review the parole decision, he has the power or options to reverse some parole grants.
What are parole conditions?
Once out on parole, a parolee enjoys a good measure of relative freedom in return for abiding by certain conditions. Some common parole conditions used in other jurisdictions will include:
- maintain employment and a residence
- avoid criminal activity and contact with any victims
- refrain from drug--and sometimes alcohol use
- not leave a specified geographic area without permission from the parole officer.
Under this system, the parolee is assigned a parole officer and must meet with a ZPCS officer periodically. The parole officer may also make unannounced visits to the parolee's home to check that the parolee is truly abiding by the relevant conditions. Through unannounced visits, for example, a ZPCS officer can observe whether, for example, there is evidence of parole violations like drug use or other criminal activities.
Release and re-entry
The parole board works with an individual to develop a plan for reintegration into society. This board considers each offender's criminal history, educational or vocational needs, mental health or substance abuse issues and other factors and draws up an agreement or conditions that a parolee must sign before release.
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What happens if someone violates parole?
If a parolee fails to comply with their parole conditions, persistently, or commits a new offense, they are subject to revocation of parole. The violations could include committing a new crime or a failure to comply with conditions set for the parolee. When this happens, the parole officer arrests the individual, who will be held and taken to the ZPCS prison facilities for a hearing.
A hearing to determine whether the offender seriously and/or persistently violated a condition of supervision is made. If they have violated a condition of supervision, a decision could then be made to revoke the parole. When a decision is made, a parolee is taken back into custody. Depending on the rules, the prisoner may spend weeks, months, years, or the remainder of the original sentence back behind bars.
