Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Question 105: To ask the Minister for Justice and Equality the criteria that will be used for the early release programme of 1,200 prisioners before 2015; and if he will make a statement on the matter. [22639/12]

Alan Shatter (Dublin South, Fine Gael)
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The Community Return Programme is an incentivised scheme introduced in line with the recommendations of the Thornton Hall Project Review Group which provides for earned temporary release under which offenders who pose no threat to the community are offered early temporary release in return for supervised community service. The scheme, which was introduced on a pilot basis last October, is applicable to suitably assessed prisoners who are serving sentences of more than one and less than eight years. Those participating are granted renewable temporary release having served at, or after, the 50% stage of their sentence with a condition of their release to undertake supervised community service. The following factors are taken into account in considering the suitability of a prisoner for temporary release to participate in the scheme:

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

· the person's previous criminal record;

· 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 conditions of temporary release;

· the extent of the prisoner's engagement with therapeutic services while in custody and the likelihood of period of temporary release enhancing his/her reintegration prospects; and

· conduct while in custody.

As announced at the launch of its new three year strategic plan, the Prison Service, in conjunction with the Probation Service, intends to increase the number of prisoners benefitting from this structured form of release over the course of the next three years. The Prison Service will work towards the placement of 400 prisoners per annum serving sentences of 1 to 8 years. It is envisaged that there would be no more than 150 prisoners participating in this scheme at any one time and all prisoners will be carefully assessed before being approved for the scheme.

I can assure the Deputy that public safety is paramount when considering any application for temporary release. Given the factors that will be taken into account as outlined, prisoners who have been convicted of serious offences involving violence or those convicted of serious sexual offences would not meet the criteria to be granted early release under the terms of the scheme. This is but one element of the strategy which provides for a structured form of release leading to improved resettlement and reintegration opportunities for prisoners along with providing for work to the benefit of communities.