Written answers

Wednesday, 1 March 2017

Department of Justice and Equality

Prisoners Temporary Release

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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86. To ask the Minister for Justice and Equality the issues that are taken into consideration for temporary release or community return application for a prisoner; if An Garda Síochána is consulted during the course of the consideration of the application; and if she will make a statement on the matter. [10656/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I can advise the Deputy that the legislative basis for making decisions on temporary release and temporary release for the purpose of engaging in the Community Return Scheme is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. Temporary release is an important vehicle for re-integrating an offender into the community in a planned way.

The Community Return Programme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service. The Programme targets well behaved prisoners serving sentences of between 1 and 8 years imprisonment who are making genuine efforts to desist from reoffending. Prisoners serving sentences of less than one year are ineligible for Community Return and may instead be considered for release under the Community Support Scheme. Persons serving sentences of over 8 years generally fall within the Parole Board process.

Each application for Temporary Release or Community Return is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release 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 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.

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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87. To ask the Minister for Justice and Equality the number of prisoners with a previous prison record who were granted temporary release or community return in each of the years 2014 to 2016 and to date in 2017; the rate of recidivism for this cohort of prisoners; and if she will make a statement on the matter. [10657/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I can advise the Deputy that the number of prisoners granted full or reviewable temporary release, including temporary release to the Community Return Scheme, for the years 2014 to date in 2017 is set out in the following table.

Total number of prisoners granted Temporary Release/Community Return

YearTotal number of prisoners granted Temporary Release/Community Return
20171, 297
20169,345
201510,767
201410,811

Statistics requested regarding the number of prisoners with a previous prison record, are not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and cannot be justified in current circumstances where there are other significant demands on resources.

The Irish Prison Service Recidivism study for 2010 shows that 2,561 persons out of a total of 9,339 that were released in that year went on to re-offend within the first 6 months of release. As well as offences committed after expiration of sentence,this figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.

These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System. The study, which was published on 10 November 2016, looked at the available data up to the end of 2013 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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88. To ask the Minister for Justice and Equality the number of prisoners with a previous criminal record for gun crime who were granted temporary release or community return in each of the years 2014 to 2016 and to date in 2017; and if she will make a statement on the matter. [10658/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Statistics requested regarding the number of prisoners with a previous criminal record for gun crime, are not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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89. To ask the Minister for Justice and Equality the total number, by gender, of persons imprisoned in 2011, 2012, 2013, 2014, 2015 and 2016; to indicate the total numbers of prisoners, by gender, granted temporary release and community return in the same period; and if she will make a statement on the matter. [10659/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I wish to advise the Deputy that the figures for persons imprisoned for the years 2011 to 2015 are outlined in the following table. The figures for 2016 are currently unavailable pending the publication of the Irish Prison Service 2016 Annual Report.

Persons imprisoned for the years 2011 to 2015

YearMaleFemaleTotal
201511,2642,91814,182
201410,7232,68513,408
201310,7292,32613,055
201211,7092,15113,860
201112,0501,90213,952

The number of prisoners granted temporary release prior to March 2012 is not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.

However the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date. This information is set out in the following table.

Total number of prisoners granted Temporary Release

YearMaleFemaleTotal number of prisoners granted Temporary Release
20167,2282,1179,345
20158,3772,39010,767
20148,5332,27810,811
20138,5142,07210,586
2012 (from 3rd March)7,5851,4959,080

Each application for Temporary Release of any nature including Community Return is considered on its individual merits and a number of factors are taken into account when making a decision including the nature of the offence, whether or not the person is a first-time offender and whether the person poses a threat to public safety.

The Irish Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis. I can advise the Deputy that the number of prisoners on temporary release on 28 February 2017 was 252 which represented approximately 6% of the overall prison population, this includes 66 persons on the community return scheme.

The numbers of person who have availed of temporary release to the Community Return Scheme since 2011 are outlined in the following table.

The numbers of person who have availed of temporary release to the Community Return Scheme since 2011

Prison201120122013201420152016Total
Arbour Hill11
Castlerea56118838
Cloverhill30216
Cork2919412817134
Dochas12211412968
Limerick72239352029152
Loughan112779927583367
Midlands52933331716133
Mountjoy11403623249143
Portlaoise41598541
Shelton1870821278782466
St Pats121920033
Training Unit73618432724155
Wheatfield71326251418103
Total662993964553233011840

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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90. To ask the Minister for Justice and Equality the number of prisoners who were granted temporary release or community return in the first six weeks of their serving their sentence in each of the years 2011 to 2016; and if she will make a statement on the matter. [10660/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am informed by the Irish Prison Service that the statistics being sought are not readily available. The information is currently being collated and I will respond to the Deputy as soon as the information is to hand.

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