Home detention is an alternative to imprisonment for some offenders, and operates in two ways.
Offenders sentenced to up to two years in prison may be given leave by the Judge to apply to the Board to serve their sentence at an approved address.
If given a deferred sentence, an offender must, as part of their bail conditions, apply to the Board within two weeks of being granted bail.
Offenders serving a sentence of more than two years in prison may apply to serve the remainder of their sentence on home detention when they are within five months of their parole eligibility date. If home detention is granted, they will not be released on home detention until they are within three months of their parole eligibility date. This is called backend home detention.
Offenders serving sentences on home detention are fitted with an electronic anklet which is monitored to ensure they do not leave their approved address without prior approval.
As with all of its deliberations, the Board’s primary role in considering home detention applications is the safety of the community.
The above charts show that in 2005/06 there were 1694 hearings for front-end - in custody home detention, of which 42.3% (or 716) were approved. 326 hearings for front-end - deferred home detention, of which 70.2% (or 229) were approved. And 1078 hearings for back-end home detention, of which 33.6% (or 362) were approved.
Under s107 of the Parole Act 2002, the Chief Executive of the Department of Corrections may apply to the Board for an order that an offender be kept in prison beyond their Final Release Date (FRD). Offenders subject to orders under s107, or s105 of the Criminal Justice Act 1985, must have the order reviewed at least once every six months. The above chart shows that in 2005/06 there were 22 S107 hearings, of which 77.3% (or 17) were approved. There were 104 reviews of S107 Orders, of which 94.2% (or 98) were approved.
Under s59-61 of the Parole Act 2002, the Department of Corrections may apply to the Board to have an offender recalled to continue serving a sentence in prison. Grounds for recall are that the offender poses an undue risk to the safety of the community; has breached release conditions or detention conditions; or has committed an offence punishable by imprisonment. In the case of an offender on home detention, grounds for recall include the offender jeopardising the safety of any person at their residence, or a suitable residence no longer being available. In the case of an offender required to attend a residential programme, grounds for recall include the offender jeopardising the safety of any person at the residence; the offender failing to remain at the residence for the duration of the programme; the programme ceasing to operate, or the offender’s participation being terminated.
The above chart shows that in 2005/06 there were 196 recall applications for offenders on parole, 83.1% (or 163) of these were approved. There were 60 recall applications for offenders on home detention, of which 93.3% (or 56) were approved.
|
2002/03 |
2003/04 |
2004/05 |
2005/06 |
|
|---|---|---|---|---|
|
Total |
29 |
9 |
3 |
2 |
|
Approved |
13 |
4 |
2 |
1 |
Under s25 of the Parole Act 2002, the Chairman of the Board may, in exceptional circumstances, refer an offender who has not yet reached his or her parole eligibility date for consideration by the Board for parole.
Under s56 of the Parole Act 2002, an offender who is subject to release conditions or detention conditions imposed by the Board may apply at any time for the variation or discharge of any of those conditions. The Probation Officer may also apply.
|
2002/03 |
2003/04 |
2004/05 |
2005/06 |
|
|---|---|---|---|---|
|
Total |
n/a |
n/a |
14 |
42 |
Under the Parole (Extended Supervision) Amendment Act 2004, the Chief Executive of the Department of Corrections can apply to the sentencing court to have certain offenders (child sex offenders) made the subject of an extended supervision order. If an order is granted, an application for special conditions to be imposed on the offender, can be made to the Board.
|
2002/03 |
2003/04 |
2004/05 |
2005/06 |
|
|---|---|---|---|---|
|
Total |
3 |
0 |
3 |
4 |
|
Approved |
2 |
0 |
3 |
2 |
Under s41 of the Parole Act 2002 the grounds for compassionate release are terminal illness or the offender having given birth to a child. 9 applications were received by the Chairman in 2005/06, only 4 were referred on to the Board.
|
2002/03 |
2003/04 |
2004/05 |
2005/06 |
|
|---|---|---|---|---|
|
Total |
8 |
7 |
9 |
7 |
|
Home Detention |
29 |
59 |
58 |
32 |
Under s28(5) (parole) and s37 (home detention) of the Parole Act 2002, the Board may revoke a direction to release an offender on parole or home detention at any time before the start of parole or home detention. An offender on home detention may also apply to the Board to return to prison.
Under s67 of the Parole Act 2002, an offender may, within 28 days of a Board decision, apply in writing to the Board for a review of that decision. Grounds for an application for review are that the Board: failed to comply with the Act, made an error of law, failed to comply with a policy of the Board, based its decision on erroneous or irrelevant information, or acted without jurisdiction.