Board left in the dark on parolees
The number of prisoners granted early release has shot up, while the number of those incarcerated has plummeted.
Just eight prisoners were granted parole before the end of their court-imposed sentence in 2003/04, compared to 53 last year.
However, the Government department responsible for monitoring their progress post-release has failed to report the results, leaving the Parole Board "begging to be informed" when they misbehave.
The news was revealed in the board's annual report for 2007, which has been tabled in the House of Assembly. Chaired by Dame Jennifer Smith, the board is an independent body empowered to decide the timing and conditions of release of inmates.
Statistics in the report show 15 people were paroled before the end of their sentence in 2004/05, 20 in 2005/06, and 35 in 2006. And while the peak prison population in 2001 was 376 rising to 389 in 2004 the maximum last year was just 210.
Government launched an Alternatives to Incarceration (ATI) programme in 1999, at which time around 300 people were being jailed each year and Bermuda had one of the highest rates of imprisonment in the world.
ATIput the focus on rehabilitation rather than punishment, and developed the Department of Court Services to administer community supervision and rehabilitation programmes.
However, the annual report shows how the Parole Board complained to Court Services that it was not being kept informed about those released early.
"It remains a source of frustration that the board is not able to determine how many inmates on parole are performing. In spite of requests for them, updates have not been provided by Court Services," it said.
It went on to state: "Additionally, in spite of the fact that conditions of parole are clearly defined and it is an offence (breach) to break any one of those conditions, the board is often left begging to be informed of breaches as soon as the Parole Officer becomes aware that there has been a breach, rather than after two, six, or more breaches as is currently the case.
"It is the board's responsibility to determine whether or not there is a need to interview a parolee in this position. As it is, this decision is taken away from the board because we are not informed of breaches in a consistent manner.
"The prison statistics detailed in the report do not reflect inmates serving less than 12 months in jail a section of the population for which the Parole Board has successfully pressed for a change in the law
"Forthcoming legislation will make it illegal for those prisoners to be released on parole after less than a year behind bars, as used to be the case prior to the re-wording of the Prisons Act in 2001.
In recommending a return to the old policy, the Parole Board complained to the Minister for Labour, Home Affairs and Housing that prisoners who serve less than 12 months do not have time to complete rehabilitative programmes.
It has called for more of those programmes to be put in place, particularly in the areas of substance and sex abuse, and for better assessment of the health problems suffered by prisoners.
The annual report detailed how the Parole Board complained last year to the Permanent Secretary of Health that every health report reported the prisoner to be "asymptomatic of their age and in good health".
This, it said, "was true even when documentation revealed that the inmate was HIV positive, receiving treatment for diabetes or high blood pressure, or was unable to work because of back pain. It was true even when inmates entered the parole hearing using a cane or had broken an ankle and been treated for this while incarcerated. This was even true when the inmate had been advised by medical personnel not to work.
"According to the report, after the matter was raised in a joint meeting with the Permanent Secretary, "for a short time thereafter we received health reports that reflected the applicant's true health. This issue is of particular concern to the board when it applies to the consideration of parole for convicted sex offenders and the possible threat that such parole might pose to the safety of the community".
However, the board expressed ongoing concern that there is no mandatory reporting of HIV testing of sex offenders, and believes there may be a need for law reform.