[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
TABLE OF CONTENTS
PART I
PRELIMINARY PROVISIONS
Regulation:
Title
1. Citation.
2. Interpretation.
PART II
PRINCIPLES GOVERNING PAROLE
3. Criteria for granting parole.
4. Principles guiding parole.
PART III
PAROLE CONDITIONS
5. Conditions for release on parole.
6. Release of prisoners on parole.
PART IV
PAROLE SUPERVISION
7. Parole supervision.
8. Responsibilities of the Parole Supervisor.
PART V
SUSPENSION AND REVOCATION OF PAROLE
9. Breach of parole conditions.
10. Revocation.
11. Punishment for breach of conditions of parole.
12. Administrative rules.
THE PAROLE BOARDS REGULATIONS
(section 7)
G.N. No. 563 of 1997
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Parole Boards Regulations.
2. Interpretation
In these Regulations unless the context otherwise requires–
"Act" means the Parole Boards Act; *
"Court" means the District Court within whose jurisdiction the parolee is resident;
"officer-in-charge" means a prison officer appointed by the Principal Commissioner of Prisons to be in charge of a prison;
"parole" means the conditional release of a convicted prisoner from prison before the expiration of his sentence;
"parolee" means a convicted prisoner released on parole;
"parole supervisor" means any officer or person entrusted with the guidance and Supervision of a prisoner released on parole;
"parole violation" is a parolee's failure to conform to the condition of a parole;
{mprestriction ids="1,2,3"}
"parole revocation" means termination of parole which usually involves a return prison;
"police officer" means a prisons officer, police officer, probation officer and a parole supervisor;
"sentence" means the whole sentence as imposed by court of law.
PART II
PRINCIPLES GOVERNING PAROLE (regs 3-4)
3. Criteria for granting parole
Parole may be granted to a prisoner if–
(a) the prisoner will not, by re-offending, present a risk to society before the expiration of his term of imprisonment;
(b) the release of the prisoner will contribute to the protection of society by facilitating the re-integration of the prisoner into society as a law-abiding citizen.
4. Principles guiding parole
The Parole Board shall take into account the following principles in granting parole–
(a) the protection of society as of paramount concern in the determination of any case;
(b) the relevant information available to a case including any information from the trial court, reasons and recommendations of the sentencing court, and any other information obtained from victims and the prisoner;
(c) the timely exchange of relevant information with other criminal justice agencies;
(d) the communication of their policies and programs to prisoners, victims and the general public so as to enhance effectiveness and openness;
(e) making available to the prisoners, reasons for decisions; access to the review of decisions and other relevant information in order to ensure fair and understandable parole release process;
(f) giving the prisoner the opportunity to be heard before a decision of granting or not granting parole;
(g) the decision of the Parole Board shall be communicated to the prisoner by the officer-in-charge of the Prison.
PART III
PAROLE CONDITIONS (regs 5-6)
5. Conditions for release on parole
(1) The Parole Board may impose any conditions that it considers reasonable and necessary in order to protect the society and to facilitate the successful re-integration into society of the prisoner.
(2) Any condition imposed under these Regulations shall be valid for such period as the Parole Board may specify.
(3) The Parole Board may before or after the release of a prisoner relieve the prisoner from compliance with any condition or vary the application to the prisoner of any such condition.
(4) A prisoner who has been released on parole shall comply with all instructions given by the Parole Board or any other person authorised by the Chairman of the Parole Board.
(5) Every prisoner who is released on parole shall–
(a) be furnished with a release certificate issued by the Parole Board and an identity card issued by the officer-in-charge of the Prison;
(b) on release, travel directly to his place of residence, as set out in the release certificate; but where in the opinion of the Parole Board the circumstances of the case so justify, the Parole Board may require the prisoner as a condition of parole to reside in a community based residential facility;
(c) remain at all times in Tanzania and within the territorial boundaries fixed by the Parole Supervisor;
(d) obey the law and maintain peace and order;
(e) inform the Parole Supervisor immediately on arrest or on being questioned by the police;
(f) at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or Parole Supervisor;
(g) report to the police if and as instructed by the Parole Supervisor;
(h) inform the Parole Supervisor immediately of any change–
(i) in his residential address;
(ii) in his occupation, including employment, vocational or educational training or volunteer work;
(iii) in his domestic or financial situation and, on request by the Parole Supervisor, any change in his family situation; and
(iv) that may reasonably be expected to affect his ability to comply with the conditions of parole;
(i) not own, possess or have the control of, any weapon, except as authorised by the Parole Supervisor.
6. Release of prisoners on parole
(1) The officer in charge of a prison on receipt of the Parole Board decision shall release the prisoner after the prisoner has furnished personal bond and security and has thoroughly understood the conditions of his release on parole or any other condition which the Parole Board may impose on such prisoner.
(2) The officer in-charge of a prison shall explain thoroughly the parole condition as set out in the release certificate issued by the Parole Board.
PART IV
PAROLE SUPERVISION (regs 7-8)
7. Parole supervision
A prisoner released on parole shall be under the supervision of a Parole Supervisor for the unexpired period of his sentence.
8. Responsibilities of the Parole Supervisor
The Supervisor shall–
(a) maintain contact with the parolee in order to ensure compliance with the conditions of release;
(b) provide appropriate supervision including counselling, verification of the parolee's behaviour, employment status, and referral to agencies and relevant individuals as required;
(c) maintain a close working relationship with the parolee, the community and government agencies engaged in program delivery or employment services.
PART V
SUSPENSION AND REVOCATION OF PAROLE (regs 9-12)
9. Breach of parole conditions
When a parolee breaches any condition of parole and the Parole Supervisor is satisfied that it is necessary and reasonable to suspend the parole in order to prevent a further breach of any condition or to protect society, he shall–
(a) notify the parolee of the intention to suspend the parole and the parolee shall within seven days give reasons why the parole should not be suspended;
(b) if the reasons given by the parolee do not satisfy the Parole Supervisor, the police shall be asked to apprehend the parolee and send him to prison pending the determination of the court on whether or not to revoke the parole;
(c) within seven days from the day the parolee is sent back to prison, the Parole Supervisor shall bring to the notice of the court his intention to recommend the revocation of the parole and his recommendations shall contain the reasons for the revocation;
(d) the court shall within thirty days set a date for the hearing of the case to determine whether or not the parole shall be revoked.
10. Parole revocation
(1) The Court, on receiving information from the Parole Supervisor or any other authorised person, of the breach by the parolee of the conditions of parole, shall serve a notice on the parolee, to show cause why the parole should not be revoked.
(2) The Parole Supervisor may request the court to revoke the prisoner's parole after hearing him, or, where he does not present himself, without hearing him.
(3) The Court may revoke the parole order and commit the parolee to prison if–
(a) it is proved that the parolee has breached any of the parole conditions;
(b) on request by the Minister for national interest in writing;
(c) if the parolee is convicted of any criminal offence while on parole.
11. Punishment for breach of condition of parole
(1) Where a parolee breaches any of the parole conditions the following punishments may be awarded, namely–
(a) a parole shall not be released on parole in future unless he has completed one third of his sentence and the officer-in-charge of a prison is satisfied that the parolee may not commit any further breach of parole conditions;
(b) in addition to serving one third of his sentence, the court may impose a sentence of not more than six months imprisonment;
(c) the court may order the parolee to serve the whole of his sentence in prison without the option of parole.
(2) If a parolee without sufficient reasons does not report to a Parole Supervisor he may be arrested by a police officer or Parole Supervisor as the case may be, without a warrant and shall be brought before a court of competent jurisdiction to show cause why he shall not be committed to prison to serve his unexpired sentence.
(3) If a parolee commits any fresh offence during his parole period he shall be re-arrested and shall, if convicted serve the unexpired portion of his sentence together with any other sentence that may be imposed at him.
(4) Where a prisoner is punished under this regulation, he may appeal to a higher court for review of the court's decision.
12. Administrative rules
Without prejudice to other provisions of these Regulations the Parole Board may make administrative rules to facilitate the release and supervision of prisoners on parole. {/mprestriction}