DCS clarifies how prison sentences are served

Two recent sentencings in high-profile murder trials have sparked widespread public debate, with many Jamaicans now asking how long the convicted will actually spend behind bars.

Former Member of Parliament Jolyan Silvera and former policeman Noel Maitland both received hefty prison sentences. However, the number of years pronounced in court does not always reflect the exact time an inmate will physically spend in custody. Director of Corporate Communications and Public Relations at the Department of Correctional Services (DCS), Cassita Irving, said several legal and administrative factors influence how prison sentences are ultimately served.

"When a judge imposes a custodial sentence, the Department of Correctional Services calculates the lawful release date based on the court's order and the relevant statutory provisions," Irving explained.

She said the process begins with the warrant of commitment, which is a legal document issued by the court which authorises the offender's incarceration.

"[It] provides key details including the offender's name, the offence or offences, the length of the sentence, the date of sentencing, and whether the sentences are to run concurrently or consecutively," Irving said.

In Silvera's case, he was sentenced to 20 years for manslaughter and 20 years and 10 months for using a firearm to commit an offence in the killing of his wife, Melissa Silvera. The court ordered that the sentences run concurrently, meaning he will serve 20 years and 10 months in prison. Irving noted that, once a sentence is imposed, correctional authorities must determine when the sentence begins and whether any time spent in custody before conviction should be credited.

"The sentence usually begins on the date of sentencing, or such other date as ordered by the court," she said, adding that, where an offender spent time on remand before conviction, the court may direct that this period be credited. Based on this explanation, the counting of prison time is calculated in calendar days from the official start date of the sentence. Once the sentence begins, every 24-hour period counts as one day served in the correctional system.

Another factor that may affect the time spent in custody is remission for good behaviour.

"Eligible inmates may receive remission for good conduct and industry while in custody. A first-time offender may receive remission of up to one-third of the sentence, while a recidivist may receive remission of up to one-fourth, provided the inmate maintains good behaviour and complies with institutional rules," she said. However, she stressed that remission provisions may be withdrawn or forfeited in cases of disciplinary breaches.

The court has already ruled that Silvera must serve at least 13 years before becoming eligible for parole, meaning he cannot apply for release before that period has passed. Meanwhile, Maitland, who was convicted of murdering social media influencer Donna-Lee Donaldson, received a life sentence with eligibility for parole after 32 years.

Irving said parole is another area that often causes confusion among members of the public.

"Parole allows an offender to serve part of the sentence in the community under supervision, rather than remaining in custody for the entire term," she said.

"When an inmate becomes eligible for parole, the case may be reviewed by the Parole Board, which considers factors such as the inmate's behaviour while in custody, progress in rehabilitation, risk assessments, institutional reports, and public safety concerns," Irving explained. "The Parole Board may grant parole, deny parole, or defer consideration of the case."

- T.P.