Parole proposed in new White Paper

Prisoners, including those serving a life sentence, could leave prison early through a parole system proposed by a White Paper launched for consultation yesterday.

Those sentenced to life in prison must first appeal for a Presidential pardon before entering the parole programme.

The move, which has been in the offing for some time, comes a month after the high-profile murder case of a young mother. Her former partner David Schembri was jailed for life after being found guilty of stabbing her 49 times five years ago.

His case gripped public opinion, especially after he was reported by The Sunday Times saying that he did not deserve life imprisonment - a statement which many disagreed with.

In this context, Justice Minister Carmelo Mifud Bonnici, who launched the paper yesterday, was asked whether parole undermines court decisions. But he insisted this was not the case.

"Participation in the programme does not undermine court judgments," he said, adding that not everyone will be accepted into the programme.

In fact, he emphasised, the White Paper is broader than parole and aims at reforming the much maligned correctional system into one which reforms prisoners.

One of the prisoners at the Corradino Correctional Facility is currently serving more than 30 prison sentences, he pointed out, adding that another has 18 sentences while four prisoners have 16.

"This shows that we need a system to reduce relapsing," Dr Mifsud Bonnici said yesterday.

The White Paper, which is open for consultation until the end of June, is proposing the setting up of a victim support group which would also be able to guide them through compensation proceedings. Dr Mifsud Bonnici said victims will be informed when the person who committed a crime against them is being given parole.

He said a parole system is not being considered as a cost-cutting measure but as a way of rehabilitating the prisoner.

Originally meant to be published in October, the White Paper proposes changes long requested by NGOs for the prison system to become a correctional facility rather than a place of punishment. A study released by Mid-Dlam Għad-Dawl last year showed that one out every two Maltese prisoners is likely to return behind bars.

Parole will allow the prisoner to request release from custody and serve part of the sentence in the community. However, the early release from prison depends on the prisoner showing that he is making serious efforts to reform and that he has realised the damage caused by his actions. Through parole prisoners will be able to reintegrate into society by being conditionally released after serving part of their sentence while still under supervision.

At the moment early release from prison is possible through remission, which is granted to prisoners on the grounds of good conduct. The White Paper is proposing that remission be no longer automatically awarded on the basis of good conduct but for those who do not succeed to be released on parole.

The White Paper is also proposing a revision of the current fine conversion system. At the moment each €11.65 owed to the state is converted into a one-day imprisonment or detention.

It is also proposing empowering court to order the offender to serve a community service order, order the payment of damages sustained by the victim or society, request the offender's participation in victim-offender mediation or establish a different system for parole.

Moreover, the White Paper is looking at a review of the present education and work-training programmes available in prison. The Justice Ministry wants to work in partnership with a number of education and training agencies, including the Malta College for Art, Science and Technology, to provide educational programmes with the aim of facilitating employment following release from prison, but also to address motivation, self-control and lifeskills.

At the moment there are 301 sentenced inmates and another 136 awaiting trial. The majority of sentenced inmates, 91, are serving a sentence for aggravated theft, another 60 are serving a sentence for drug trafficking and possession and 20 for the importation of drugs, while 25 are serving a sentence for wilful homicide or murder.

Comments or recommendations can be sent to the Restorative Justice Task Force, headed by Joe Gerada, the former head of the Foundation for Social Welfare Services. Comments can be sent until June 30 on restorativejustice@gov.mt or by mail to White Paper on Restorative Justice Consultation Process, Department of Inforamtion, 3A, Castille Place, Valletta. Electronic copies of the White Paper can be downloaded from www.mjha.gov.mt.