Division 1Division 1 Intensive correction orders
162 Conduct of inquiry into suspected breach of obligations
(1) If the Parole Authority has reason to suspect that an offender has failed to comply with the offender’s obligations under an intensive correction order, the Parole Authority may, whether or not the order has expired, conduct an inquiry into the matter.(2) The offender to whom the intensive correction order relates may make submissions to the Parole Authority in relation to the matters under inquiry.
163 Revocation of intensive correction order
(1) The Parole Authority may, on its own initiative or on the recommendation of the Commissioner, make an order (a revocation order) revoking an intensive correction order:(a) if it is satisfied that the offender has failed to comply with the offender’s obligations under the order, or(b) if it is satisfied that the offender is unable to comply with the offender’s obligations under the order as a result of a material change in the offender’s circumstances, or(c) if the offender fails to appear before the Parole Authority when called on to do so under section 180, or(d) if the offender has applied for the order to be revoked.(2) The Parole Authority may revoke an offender’s intensive correction order on the recommendation of the Commissioner if it is satisfied that health reasons or compassionate grounds exist that justify its revocation.(3) If an intensive correction order is revoked under subsection (2), the Parole Authority may, on the application of the Commissioner, make such of the orders sought by the Commissioner in relation to the offender as it considers appropriate.(4) The Parole Authority must revoke an intensive correction order that it has reinstated under section 168A (1A) if, at any time during the remainder of the term of the sentence to which the order relates, the offender is sentenced to a term of imprisonment by way of full-time detention that is to be served consecutively (or partly consecutively) with the sentence to which the order relates.(5) A revocation order may be made:(a) whether or not the offender has been called on to appear before the Parole Authority, and(b) whether or not the Parole Authority has held an inquiry.(6) A revocation order must state the reason for which it is made.
164 Effect of revocation order
(1) A revocation order takes effect, or is taken to have taken effect, on the date on which it is made or on such earlier date as the Parole Authority thinks fit.(2) The earliest date on which the revocation order may take effect is the date of the first occasion on which it appears to the Parole Authority that the offender failed to comply with the offender’s obligations under the intensive correction order.(3) If an offender is not taken into custody until after the day on which the revocation order takes effect, the term of the offender’s sentence is, by this subsection, extended by the number of days the person was at large after the order took effect.
165 Parole Authority may reinstate revoked intensive correction order
(1) If an offender’s intensive correction order has been revoked under this Division or under section 179, the Parole Authority:(a) on the application of the offender, and(b) subject to Part 5 of the Crimes (Sentencing Procedure) Act 1999,may make an order reinstating the offender’s intensive correction order in respect of the remaining balance of the offender’s sentence.(2) Such an application:(a) may not be made until the offender has, since the intensive correction order was revoked, served at least 1 month of the offender’s sentence by way of full-time detention, and(b) must state what the offender has done, or is doing, to ensure that the offender will not fail to comply with the offender’s obligations under the intensive correction order in the event that it is reinstated.(3) Before making an order reinstating an offender’s intensive correction order, the Parole Authority must refer the offender to the Commissioner for assessment as to the suitability of the offender for intensive correction in the community.(4) Part 5 of the Crimes (Sentencing Procedure) Act 1999 applies to and in respect of the Parole Authority and the offender in relation to the making of an intensive correction order under this section in the same way as it applies to and in respect of a court and an offender in relation to the making of an intensive correction order under that Act.(5) The Parole Authority may not make an order under subsection (1) if the offender is subject to a sentence of imprisonment by way of full-time detention that is yet to commence.
165A Parole Authority may order home detention
(1) This section applies if the Parole Authority revokes an intensive correction order and, at the time that the revocation order takes effect, the remainder of the term of the sentence to which the intensive correction order relates is 18 months or less.(2) The Parole Authority may make an order directing that the remainder of the term of the sentence is to be served by way of home detention.(3) However, the Parole Authority may not make an order under subsection (2) if the offender is subject to a sentence of imprisonment by way of full-time detention that is yet to commence.(4) Subject to subsection (5), Part 6 of the Crimes (Sentencing Procedure) Act 1999 applies to and in respect of the Parole Authority and the offender in relation to the making of a home detention order under this section in the same way as it applies to and in respect of a court and an offender in relation to the making of a home detention order under that Act.(5) The reference of an offender for assessment in relation to the making of a home detention order under this section is to be made after, and not before, the intensive correction order referred to in subsection (1) is revoked.
165B Release of offender pending assessment for home detention
(1) On referring an offender for assessment in relation to the making of a home detention order under section 165A, the Parole Authority may make an order (a temporary release order) releasing the offender from custody or permitting the offender to remain at large, subject to such supervision as is prescribed by the regulations, pending the Parole Authority’s decision as to whether or not to make the home detention order.(2) An offender’s temporary release order:(a) may be revoked by the Parole Authority at any time, and(b) must be revoked by the Parole Authority when it makes its decision as to whether or not to make a home detention order under section 165A in respect of the offender.(3) The sentence to be served by the offender in respect of whom a temporary release order is made is, by this section, extended:(a) by the period for which the offender is absent from custody pursuant to the order, and(b) in the case of an offender for whom a warrant is issued under section 181 (1A), by the period between the issue of the warrant and the offender being taken into custody under the warrant.
165C Conditions of home detention as to non-association and place restriction
(1) The conditions to which a home detention order under section 165A is subject may include either or both of the following:(a) provisions prohibiting or restricting the offender from associating with a specified person,(b) provisions prohibiting or restricting the offender from frequenting or visiting a specified place or district.(2) A condition referred to in subsection (1) (a) or (b) is suspended while the offender is in lawful custody.(3) An offender does not contravene a prohibition or restriction as to his or her association with a specified person:(a) if the offender does so in compliance with an order of a court, or(b) if, having associated with the person unintentionally, the offender immediately terminates the association.(4) An offender does not contravene a requirement not to frequent or visit a specified place or district if the offender does so in compliance with an order of a court.(5) In this section, associate with means:(a) to be in company with, or(b) to communicate with by any means (including post, facsimile, telephone and email).