Joanna Tuffy (Dublin Mid West, Labour)
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Question 155: To ask the Minister for Justice and Equality if he will provide an update on schemes for early release for prisoners and the criteria for qualifying for early release; his plans to extend the schemes in particular in relation to those not considered a threat to society that could instead do community service in lieu of time in prison; and if he will make a statement on the matter. [26059/12]

Alan Shatter (Dublin South, Fine Gael)
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The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

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 to me 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. Each application is considered on its individual merits and evaluated using the following criteria as outlined in the Criminal Justice (Temporary Release of Prisoners) Act 2003.:

· 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 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 conditions of temporary release;

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

Decisions are made at a senior level within the Irish Prison Service and by myself in respect of cases referred directly to me. 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 reviewable temporary release having served at, or after, the 50% stage of their sentence with a condition of their release to undertake supervised community service.

As announced with 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.

Between 3 October 2011 and 31 March 2012, there were 137 participants in the pilot scheme. On 22 May 2012 there were 88 offenders taking part in the Community Return Programme. A total of 174 offenders have participated in the scheme and 63 offenders have completed the programme successfully.

The Community Return Programme is but one element of the recently published Prison Service 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.