New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 124D

124D Offenders may be released subject to home detention conditions

(1) The Parole Authority may make an order (a
"re-integration home detention order" ) directing that an offender be released subject to a home detention condition if--

(a) an initiating request has been made relating to the offender, and

(b) the offender is serving at least 1 sentence for which the non-parole period has not expired and would be eligible to be released on parole on the expiry of the re-integration home detention order, and

(c) the Parole Authority has decided to make a parole order that takes effect at the end of the re-integration home detention order (in the case of a sentence of more than 3 years) or has not revoked the statutory parole order directing the release of the offender on parole (in the case of a sentence of 3 years or less), and

(d) the Parole Authority is satisfied that it is in the interests of the safety of the community to make the order, and

(e) the assessment report on the offender states that the offender is a suitable person to be subject to home detention for re-integration purposes, and

(f) the offender has signed an undertaking to comply with the offender's obligations under the order.

(2) For the purpose of being satisfied that it is in the interests of the safety of the community to make a re-integration home detention order, the Parole Authority is to consider the matters set out in section 135 (2) and (3) as if they applied to the offender's release under the order.

(3) A re-integration home detention order may be made only in respect of a period that occurs before the parole eligibility date of an offender.

(4) An offender's re-integration home detention order is sufficient warrant for any person having custody of the offender to release the offender in accordance with the terms of the order.