The Parole (Extended Supervision) and Sentencing Amendment Act 2004
This new legislation will take effect from 7 July 2004 and amends the Parole and the Sentencing Act 2002.
This new legislation provides the authority for the Chief Executive of the Department of Corrections to apply to the sentencing court to have an extended supervision order imposed on certain eligible convicted child sex offenders, who are considered to be at a high risk of re-offending in a similar manner. The sentencing court must consider a specialist assessment about the offender. If granted, an extended supervision order may last for up to 10 years. The offender would be subject to standard release conditions (like parole) and the Chief Executive or a Probation Officer may apply to the Board to impose special conditions. For high-risk child sex offenders, special conditions much like home detention can be imposed for up to the first 12 months of the extended supervision order.
Designation of a class of offender for early referral
Near the end of the reporting period, the Minister of Justice made a new designation of a class of offenders who have not yet reached their parole eligibility date for early consideration for parole, and where they have not been seen by the Board. This was made pursuant to section 25(3) of the Parole Act 2002. The designation arose in response to a decision of the United Nations Human Rights Committee and applies to any offender sentenced to preventive detention under the Criminal Justice Act 1985, if:
a. the Court has indicated a notional finite sentence of less than ten years imprisonment would have applied, if the offender had not been sentenced to preventive detention; and,
b. the offender has served a period of imprisonment of not less than the full term of the notional finite sentence; and,
c. the offender makes an application for early consideration for parole.