This is Probation and Parole Week. Each day the Caymanian Compass will carry an article explaining what Cayman Islands Department of Probation and Aftercare does.
The Probation of Offenders, Law 1963 provides the mandate for Magistrates and Judges to place offenders on community- based orders which are supervised by the Department of Probation and Aftercare. These Orders include:
The Court Team includes, from left Steve Smith, Maxine Anglin, Tracey Thompson-Johnson, Marvo Callender, Melissa Ebanks, Karlene Bramwell and Judye Mobley. Photo: Tammie C. ChisholmThe Court Team includes, from left Steve Smith, Maxine Anglin, Tracey Thompson-Johnson, Marvo Callender, Melissa Ebanks, Karlene Bramwell and Judye Mobley. |
Attendance order
An attendance order is given for people convicted of drug offences.
This is also based on the seriousness of the offence and the offender’s personal circumstances. The order is of one year duration and those placed on this type of order are mandated to attend drug and alcohol counselling sessions for a specified period of time when there will be continued monitoring by the Department of Probation and Aftercare and by the Courts to ensure compliance.
The purpose of the attendance order is to assist the offender in reducing, with a goal of abstinence, from substance abuse.
Probation order
Clients who are deemed suitable to be placed on a probation order will be supervised by the Department of Probation and Aftercare. Each offender’s probation order will last from one to three years and will have specific conditions, which vary from client to client based on their circumstances and needs.
It is then the probation officer’s role to assist the client in adhering to and abiding by these conditions.
Some examples of conditions of a probation order would include curfew, no-contact with certain persons or places, programme attendance or maintaining employment.
Failure to comply with such conditions could result in being returned to court on a breach of the order, which ultimately may result in a prison sentence.
Compliance with conditions of the probation order has many benefits as well.
The clients are allowed to remain in the community while serving out their sentences. They continue to work and support themselves as well as their families, attend programmes and generally continue to play an active part in the community, as long as they remain in compliance.
Parole license
Once an offender has been approved for parole by the governor, they will be released on a parole license.
He or she must then abide by the conditions of that license, or risk being returned to prison to serve the remainder of their sentence. The parole license allows the client to remain in the community until the date of sentence completion, with supervision through the Department of Probation and Aftercare.
Each parole license, although standardized, is also tailored to meet the needs of the individual, enabling the chances of better success and a more productive life.
The role of the Department of Probation and Aftercare in the implementation of the parole license is to work closely with the client through the process of rehabilitation.
The parole officer works as a counsellor, liaison, supervisor, monitor and sometimes must act as an enforcer. The main goal of the parole license is to reintegrate the offender into the community with the hopes that he/she would become productive citizens while also protecting the citizens of the Cayman Islands.
Community service order
Community service is an important component of the services provided by the Department of Probation and Aftercare and was formally introduced into the Cayman Islands Penal System in 2000.
The Cayman Islands, cognizant of the need to meet the demands of a rapidly increasing prison population, introduced community service (defined as unpaid labour) as an alternative to a custodial sentence.
The community service Order can be offered to an offender aged 17 or older and requires the person to perform unpaid work in the community in which they offended. This order is between 40 hours to 240 hours duration and the amount of hours the offender receives is based on the seriousness of the offence(s).
The aim of the community service order is to prevent further offending by re-integrating the offender into the community through punishment, by means of positive and demanding unpaid work, keeping disciplined requirements and reparation to the community by undertaking socially useful work.
In seeking placements, community service coordinators provide work that is designed to demonstrate to the community that the work undertaken by the offenders should benefit the community in one of the following ways:
• Safeguarding the community against further crime or to repair damage caused by crime
• Improve the local environment or to assist the local community
• Undertaking active caring for the young, elderly, physically challenged and disabled individuals.
• Combating the fear of crime or improving the appearance or amenities of a neighbourhood
• Encouraging in offenders a sense of personal responsibility or self-discipline
• Assessment to ensure that the location and nature of any community service activity would not give the impression of providing a reward for offending.
Community service placements can be seen as an opportunity for the offender, while simultaneously serving as punishment and restoration and as providing openings for more complex cooperation between community correction agencies and the public they depend on for authority and resources.
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