Man who had completed prison detox programme died from overdose on temporary release

Darragh Mc Donagh

A 44-year-old man who had completed a detoxification programme in Cork Prison died from a drug overdose while on temporary release three weeks later, an investigation has found.

The man had been serving a four-month custodial sentence for a drugs offence and engaged in a detox programme during his first three weeks in the prison. He was granted temporary release 12 days later due to “high numbers” in custody.

A number of conditions were attached to his release, requiring him to report to a Garda station daily, maintain contact with a community support team, stay sober, and sign in weekly at Cork Prison.

An investigation by the Office of the Inspector of Prisons (OIP) found that the deceased man, who was not named in the report, had failed to attend an appointment with the community support team on the day of his release.

It was unable to establish whether the man had ever attended his local Garda station as required under the terms of his temporary release.

The Irish Prison Service (IPS) had been informed by email on December 22nd, 2022 – three days after he was discharged from custody – that he was in breach of the conditions of his release.

However, the OIP found that the IPS employee who had been emailed about the breach had been on leave at the time, and therefore no action had been taken in response. By the time the member of staff had returned from leave, the man was already dead.

The 44-year-old’s mother informed the investigation that her son had died from a drugs overdose on New Year’s Eve 2022 – 12 days after he left Cork Prison, and nine days after the IPS had been notified that the conditions of his release had been breached.

In its report, the OIP recommended that swift action be taken by the IPS where a prisoner breaches the conditions of their temporary release, and that all decisions regarding compliance are accurately recorded.

It added that sufficient staff cover and systems were required when designated officers were on leave, stating that this could be important for the welfare of both prisoners on release and the wider public.

“If appropriate action is not taken when a person fails to comply with their conditions and does not have an acceptable explanation, the authority and legitimacy of the temporary release process could be called into question,” the report added.

However, the IPS did not accept the recommendation, and stated that its approach in relation to “minor breaches” would not be changed.

“Where a person comes to the attention of An Garda Síochána on a period of temporary release in respect of offending, An Garda Síochána can return the person to custody immediately,” it said.

Compliance with the conditions of temporary release is considered by the IPS when it comes to granting a further period of temporary release, the IPS added.

“As part of that consideration, where a person has been deemed not to have complied with the conditions attaching to their temporary release, the person will be deemed to be unlawfully at large.

“An Garda Síochána are notified accordingly in order to return the person to custody,” it said in response to the recommendation by the OIP.