Prisoners serving a life sentence, convicted terrorists and those in prison over breaches of the immigration law will not be eligible for parole, according to a Bill expected to be published in the coming days.
Also ineligible will be those serving a term of less than one year, convicts subject to extradition proceedings or deportation, and those convicted of trying to destabilise the government.
The Bill comes after months of consultation on a White Paper presented last year and will need to be approved by Parliament before it is introduced “within the next two years”.
Parole, which is not yet applicable in Malta, allows certain prisoners to serve part of their sentence outside prison under strict conditions, to facilitate reintegration.
The 44-article Bill will set up a number of structures to make the system work, including two boards – an assessment board that will prepare and recommend offenders for parole and a parole board to take the final decision.
According to the head of the Restorative Justice Taskforce, Joe Gerada, the law will ensure prisoners are given the necessary tools to rehabilitate themselves as soon as they are placed behind bars. An intervention plan will be drawn up for each prisoner and depending on the success and progress achieved, they will then be recommended for parole.
Mr Gerada stressed that the “cautious” law also caters for victims, obliging the parole board to inform victims when a convict is to be released. The parole board will also be given the option of consulting victims when taking a decision, and take into consideration their views as well as suggestions for particular conditions. “They might want to ask the board to ensure the convict is not allowed to speak to them,” Mr Gerada said.
However, the law also seeks to instil a culture of mediation between victims and offenders, as part of the concept of restorative justice. Prisoners may be given the chance to ask forgiveness from their victims and pledge to make up for the damage caused, such as through voluntary work or community service.
This will also be available before court proceedings are concluded so that those who have genuinely reformed and shown remorse may be given softer sentences.
“The Bill takes many precautions, which I think is very good. This is a courageous step by the minister,” Mr Gerada said, adding that the Bill was very much “in line” with public consultation.
According to the Bill, prisoners serving between one and two years will be eligible for parole after serving a third of their sentence, while those serving between two and five years would have to serve 50 per cent before they become eligible. Those serving more than five years would have to serve 58 per cent of their sentence before being released on parole, as will all prisoners who have been given more than one prison sentence.
These percentages will only come into effect at a later stage after the law is introduced at the discretion of the minister. Before this decision is taken, all prisoners will have to have served 58 per cent of their sentence before being considered.
“The government is outlining where it wants to go,” Mr Gerada said, adding that it was giving a transition phase before introducing the law fully.
The Bill also grants the court the right to allow minors to be considered for parole after serving only 10 per cent of their sentences.
Meanwhile, it empowers the parole board to impose various conditions on those granted a parole licence.
Criminals on parole may have their freedom of movement restricted to specific parts of the island or prevented from going abroad.
They may be forced to make regular visits to a police station or prison and electronic tagging is also given as an option.