Reformed drug users will not go to prison

The practice of sending people to jail for drug-related offences after they have been rehabilitated will come to an end under proposed legislation on parole being published today.

Sentencing former drug addicts to jail has been a bone of contention for some professionals in the field, who argue it is counterproductive to reintroduce them to a prison environment where the risk of reverting to drug use is high.

Parole – the early release from prison under strict conditions – is one of the measures dealt with in a Bill on Restorative Justice released by Justice Minister Carmelo Mifsud Bonnici yesterday and being published today in the Government Gazette.

According to provisions in the proposed law, people sentenced to prison for drug-related crimes committed before having undergone a rehabilitation programme will immediately be eligible for parole unless otherwise determined by the court.

For other crimes, eligibility for parole depends on the length of the jail term. Inmates serving a jail term of between one and two years may apply for parole after having served 33 per cent of their sentence.

Prisoners serving a jail term of between two and seven years may apply for parole after serving half their sentence, while those with jail terms of more than seven years can only ask for parole to be considered after serving 58 per cent of their sentence.

At a media briefing, Dr Mifsud Bonnici said the underlying principle behind the Bill was to ensure the Corradino Correctional Facility served its purpose as a rehabilitation centre for criminals.

“We want to reduce the rate of criminals who return to prison after serving a jail term,” he said.

Decisions on parole applications will be taken by a parole board composed of a retired judge, acting as chairman, and eight members chosen by the minister.

Every inmate admitted to prison will be examined by an Offender Assessment Board (OAB) that will prepare a work programme with defined targets. This will then be used as part of the assessment undertaken by the parole board when the person applies for early release.

The parole board can refuse applications and it can also impose conditions on persons granted parole, such as compensating victims of the crime and involvement in community work. The parole board can also recommend electronic tagging.

Violation of parole conditions will carry additional punishment and only prisoners jailed for more than a year will be eligible for parole.

Dr Mifsud Bonnici said the parole board would also seek submissions from the victim of the crime and the police to reach an informed decision.

Parole will not be available for prisoners held for crimes connected with immigration, terrorism and other crimes against the State, prisoners who may be extradited at the end of their prison term and those condemned to life imprisonment.

The Bill includes a mechanism for mediation between criminals and their victims.

A committee will be set up to determine the suitability of both parties for mediation and oversee the process. It will be on a voluntary basis and either party can withdraw at will.

“This is a completely new concept for Malta and I can understand the difficulty to make it work but we have to give it a try. Mediation can help victims seek some form of closure and it may also help criminals repair some of the damage they would have caused,” Dr Mifsud Bonnici said.

The parties may agree on reparations, which could include compensation to the victim, community work, participation in rehabilitation programmes, the return of stolen items, a formal apology by the perpetrator of the crime or any other agreement which may reasonably be reached.

The Bill will also set up a Victim Support Unit within the Probation Service.

Another change being proposed is to the remission system, under which prisoners can have their sentence reduced by a third for good conduct. It will be overseen by a new board chaired by the prisons director.

Dr Mifsud Bonnici said the Bill would be put on Parliament’s agenda and he hoped it would become law by year’s end.