Written answers

Tuesday, 8 July 2014

Department of Justice and Equality

Prison Committals

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context | Oireachtas source

632. To ask the Minister for Justice and Equality the restrictions and or guidelines in place for persons who have been convicted of sex offences seeking housing within communities after release from prison; if, for example, there are proximity regulations with regard to living next to schools; the legislation currently in place to ensure that communities are protected whilst also maintaining the rights of the person to live their life after serving their sentence. [29280/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Sex Offenders Act 2001 introduced a wide range of measures aimed at reducing the risk to the public from convicted sex offenders. Those measures include the notification system, also known as the "sex offenders' register", post-release supervision and sex offender orders. Section 10 of the 2001 Act requires a convicted sex offender to notify his or her name and home address to the Garda Síochána within 7 days of becoming subject to the notification requirement. Any change of name or address must also be notified to the Gardai within 7 days.

Section 29 of the Sex Offenders Act 2001 allows a court to impose a post-release supervision order as part of a sentence. Indeed, when determining the sentence to be imposed on a convicted sex offender, the court is obliged by section 28 of the Act to consider whether to include post-release supervision. The court is required to have regard to the need for such supervision by the Probation Service, the need to protect the public from serious harm from the offender, the need to prevent the commission of further sexual offences by the offender, and the need to rehabilitate or further rehabilitate the offender.

For the period of post-release supervision, the offender is required to comply with such conditions as are specified in the sentence for securing supervision by a probation officer. In addition, the court can include a condition prohibiting the offender from doing anything it considers necessary for the purpose of protecting the public. In addition, upon the application of the Garda Siochana, the Circuit Court can make a sex offender order under section 16 of the 2001 Act at any time after an offender's release from prison (or a sentence otherwise ceases to be in force) prohibiting him or her from doing one or more things specified in the order.

Probation Service protocols for the management of sex offenders in the community set out procedures for effective supervision of sex offenders following release from custody. In managing these cases, the Probation Service works closely with the Gardaí and other partner agencies to ensure the co-operation of and compliance by the offender with supervision in the interests of community safety. The multi-agency Sex Offender Risk Assessment and Management (SORAM) model has been established to support enhanced levels of co-operation and co-ordination between the key statutory organisations involved in managing the risk posed to the community by convicted sex offenders. SORAM is steered by the National SORAM Committee comprised of personnel from the Irish Prison Service, the Probation Service, the Garda Síochána and the Child and Family Agency. Local SORAM committees case manage individual offenders using risk assessment instruments. While the appropriateness of accommodation options are considered by the committees in the course of their work, it is primarily the responsibility of the local authorities to respond to accommodation issues for persons leaving prison.

Comments

No comments

Log in or join to post a public comment.