No legal drafters means no conditional release for prisoners
Although $10M has been included in the budget for our prisons and nearly $7M for community rehabilitation there is zero for implementation of the new conditional release law that was passed last October. It introduced a system of general guidelines for the release of all prisoners on license conditions. All inmates, including juveniles, and to those already serving a life sentence without the possibility of parole were included in the law.
The Finance Committee were given the reason for the delay in implementation by Premier Alden McLaughlin, who also has responsibility for the prison budget. He said there are not enough legal drafters to execute the necessary legislation.
The legislation was passed unanimously because it is required by the 2009 constitution and the Bill of Rights. The Human Rights Commission and numerous attorneys have warned the continuation of the status quo with the mandatory life sentencing could be challenged under the Bill of Rights.
Despite this there appears little urgency on government’s part and if legal drafters were to be found with nothing allowed in the budget savings would have to found elsewhere to pay for it McLaughlin said. He also pointed to many other laws and regulations that were being delayed because of the shortage of legal drafters.
When the legislation was passed it was meant to implement structured rehabilitation of offenders before they were released.
East End MLA Arden McLean quipped, “It couldn’t have been very important then.”
The issue of whether prisoners in Cayman should continue to receive life sentences without parole in murder cases has been debated for at least ten years.
In 2006 the Human Rights Committee recommended either the sentencing judge or the chief justice be allowed to review the circumstances surrounding the lifers’ crimes and determine a minimum prison term.
Neil Lavis, the Prison Director, highlighted other problems especially with the new ‘release on licence’ programme/care beyond the prison gate that also involves the Department of Community Rehabilitation. Finding work for newly released prisoners was difficult. There were few local employers willing to employ former prisoners.
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