Bernard Durkan (Kildare North, Fine Gael)
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Question 299: To ask the Minister for Justice, Equality and Law Reform the number of prisoners released in the past 24 months; the number who have served their sentences in full; the number who were on special release; the number who committed crimes after release; and if he will make a statement on the matter. [40683/09]

Dermot Ahern (Louth, Fianna Fail)
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There is no provision for special release in the Irish prison system. Statistics pertaining to the level of temporary release from prison are contained in my reply to the Deputy's Question No. 300 of today.

It is not possible to provide the other figures requested by the Deputy as this would require a disproportionate and inordinate amount of staff time and effort and could not be justified where there are other significant demands on resources.

However, I can provide some information pertaining to the year 2008. In that year there were 13,557 instances of committal to prison involving 10,928 individuals. These committals comprised of:

7461 under sentence, 3526 of which were for less than 3 months and 65 of which were for ten years or more

5052 on remand

1034 for immigration related matters, 759 of whom spent less than 8 days in prison

10 for contempt of court

I also wish to advise the Deputy that the Irish Prison Service facilitated a major study of prisoner re-offending by the UCD Institute of Criminology. The study found that 27.4% of released prisoners were serving a new prison sentence within one year. This rose to 39.2% after two years, 45.1% after three years, and 49.2% after four years.

The Irish Prison Service provides a range of rehabilitative programmes which have the dual purpose of providing prisoners with purposeful activity while serving their sentences and encouraging and equipping them to lead productive lives on release. Prisoner rehabilitation involves significant multi-dimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and in-reach statutory and non-statutory services. Amongst these are healthcare, psychiatric, psychological, educational, work and training, vocational, counselling, welfare and spiritual services. These services are important in addressing offending behaviour, drug and alcohol addiction, missed educational and vocational opportunities, anger management, and self management in the interest of encouraging positive personal development in prisoners, and preparing them for re-integration and resettlement on release from custody.

In addition, the Probation Service has an active role during the course of the prisoner's sentence in helping maintain links with family and community agencies, encouraging prisoners to address their offending behaviour and engaging prisoners in individual counselling and group counselling programmes such as offending behaviour, addiction, violence and sex offending.

Bernard Durkan (Kildare North, Fine Gael)
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Question 300: To ask the Minister for Justice, Equality and Law Reform the average number of prisoners on day, early or special release in each week in the past 24 months; the degree to which the numbers have fluctuated; and if he will make a statement on the matter. [40684/09]

Dermot Ahern (Louth, Fianna Fail)
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It is not possible to provide figures to the Deputy as requested as this would require the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

However I am informed by the Irish Prison Service that the number of prisoners on temporary release on 6 November 2009 was 644. This represented 14% of the overall prisoner population for this day. In contrast, the percentage for the years 1994 to 1997 are as follows:

1994 - (22.2%)

1995 - (20.2%)

1996 - (17.9%)

1997 - (19.2%)

The highest number of prisoners on temporary release on any one date in 2009 was 686 on 24 June 2009. This represented 15% of the overall population on that date. The daily average figure to date in 2009 for prisoners on temporary release is 510 and this represents 12% of the daily population figure.

The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that the Minister may approve the temporary release of a sentenced prisoner. This discretionary instrument assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to well-behaved prisoners.

Temporary release arrangements operate similarly to a system of parole, which is a feature of prison systems worldwide. They are an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a regular basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Garda.

Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors are taken into account including:

the nature and gravity of the offence to which the sentence being served by the person relates;

the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;

the period of the sentence served by the person;

the potential threat to the safety and security of the public should the person be released;

the person's previous criminal record;

the risk of the person failing to return to prison at the expiration of the period of temporary release;

the conduct of the person while in custody or while previously on temporary release;

any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;

the risk that the person might commit an offence during any period of temporary release;

the risk of the person failing to comply with any of the specific conditions of temporary release laid down;

the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.