Getting Out of Custody (NSW)

Release from custody and returning home to family and friends can be challenging for an offender. It can be difficult to adjust back into life in the community after time in custody. Finding work and coping with the trauma of incarceration can be tough. This article contains information on release from custody for offenders, and their friends and family. 

Release While Serving Sentence:

Day Leave or Weekend Leave:

Depending on an inmate’s classification, being ‘Minimum Security – C3’ for Men and ‘Category 1’ for women, they may be eligible for day and weekend release. Day or Weekend Leave allows the inmate to leave the Correctional Centre for the approved purpose. If the leave is approved, day or weekend leave can be taken every 28 days or every 14 days at some designated centres. 

To be eligible for day and weekend release, the inmate must:

• Be serving a sentence of 6 months or more, 
• Be a month or less away from having served half their sentence, 
• Be within 18 months of release,
• Be free of drugs or contraband detected in urines for 6 months, 
• In some circumstances, have a sponsor. 

Compassionate Release:

Compassionate release allows for the early or temporary release from custody in extreme circumstances such as terminal illness, severe cognitive impairment or significant family hardship (to attend funerals, visit a seriously ill family member, or to attend events of cultural and family significance). 

In determining whether the compassionate release will be granted, the Correctional Services Officer will consider:

• The completeness of the application (i.e. a completed application must be filed), 
• The circumstances of the request including any exceptional circumstances, for example:
  • Family or friends may not want the inmate to attend due to risk of safety or violence, 
  • Apprehended Violence Orders may be in place preventing the inmate from being in the company of the family member, 
  • For Audio Visual Link (AVL), persons in attendance who do not want to be filmed,
• The logistics and risks of providing an escort (or AVL),
• Any known security risks. 

Applications for compassionate leave must be made in writing in the approved ‘Application for leave permit’ form. If the compassionate release is not granted, it is possible that an Audio-Visual Link (AVL) can be arranged to allow the inmate to participate in the family event by video call. 

Parole:

Parole allows an offender to serve the remaining portion of their Gaol sentence in the community under supervision by the State Parole Authority. The purpose of parole is to help an inmate reintegrate into society after incarceration while protecting the community from risks of harm. For further information on Parole, please see our article – Parole. 

Release After Completing Sentence:

Planning For Release:

Inmates should start preparing for their release three to six months before they leave the Correctional Centre. 

Preparation can include undertaking programs or modules at the Correctional Centre. Some programs include the NEXUS program which is an offender-centred intervention program designed to help inmates plan for their reintegration into the community. 

Correctional Centres offer accredited training and qualifications through education programs for inmates in NSW through the Adult education and Vocational Training Institute (AEVTI). A full list of available training and courses is available at – https://training.gov.au/ . 

Prior to release, inmates should receive a Planning Your Release NSW Exit Checklist which is a booklet prepared by CRC for CSNSW which guides inmates through the main things they require for release and provides contact numbers and useful tips. 

Accommodation Upon Release:

Sometimes, an inmate is unable to return home after being released from custody. This can occur where an AVO is in place preventing the offender from being in contact with the victim or preventing the offender from residing at the same location as the victim. 

If the inmate is unable to return home, there are services available that can provide transitional housing. The Community Restorative Centre provides transitional and post release services for persons unable to return home after custody or at risk of homelessness:

• Reintegration Housing Support Program
• Blue Mountains and Nepean Transitional and Post Release Services
• Inner City for Women Transitional and Post Release Services 
• Far West Indigenous Transition Service 
• Extended Reintegration Service for South-West Sydney 

Release Day:

On the day of the inmate’s release, they will be let out of the Custodial Centre. Released inmates will be required to organise their own transport from the Correctional Centre to home or another location. 

Some practical things to consider attending in the days after being released include:

• Opening a bank account, 
• Going to Centrelink or ServiceNSW, 
• Attending Job Search or other employment interviews, 
• Meeting with Community Corrections Officer if released on parole, 
• Buying essentials such as food and toiletries, 
• Connecting with health care and mental health support. 

Post-Release Programs and Support:

Post-release programs can help former inmates make the transition back into the community. Below is a list of post-release programs and supports available:

Post-Custodial Support Program (PCS) – NSW Health

• The post-custodial support program helps people who’ve been released from custody manage any difficulty arising from the use of alcohol and drugs

Community Restorative Centre 

• The Community Restorative Centre aims to reduce crime and the impacts of incarceration on individuals and the community through a range of services and targeted projects. 

Health Equity Matters – Connections Program 

• Managed by Justice Health and Forensic Mental Health Network.
• Takes an assertive approach to release planning and post-release follow-up focusing on persons with drug use and addiction.