South Australian Current Acts

SENTENCING ACT 2017 - SECT 72

72—Conditions of home detention order

        (1)         A home detention order is subject to the following conditions:

            (a)         a condition requiring the person subject to the order to remain at the residence specified by the court throughout the period of the home detention order and not to leave that residence at any time during that period except for the following purposes:

                  (i)         attendance at such remunerated employment at such times and places as approved from time to time by the home detention officer to whom the person is assigned during the period of the home detention order;

                  (ii)         urgent medical or dental treatment for the person;

                  (iii)         attendance at—

                        (A)         a place for the purpose of undergoing assessment or treatment (or both) relating to the person's mental or physical condition; or

                        (B)         an intervention program; or

                        (C)         any other course of education, training or instruction, or other activity,

as approved or directed by the home detention officer to whom the person is assigned;

                  (iv)         any other purposes as approved or directed by the home detention officer to whom the person is assigned;

            (b)         a condition requiring the person to be of good behaviour;

            (c)         a condition requiring the person to be under the supervision of a home detention officer;

            (d)         a condition requiring the person to obey the lawful directions of the home detention officer to whom the person is assigned;

            (e)         a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm;

            (f)         a condition relating to the use of drugs by the person other than for therapeutic purposes;

            (g)         a condition requiring the person to submit to such tests (including testing without notice)—

                  (i)         for gunshot residue; or

                  (ii)         relating to drug use,

as a home detention officer may reasonably require;

            (h)         a condition that the person be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982 ;

                  (i)         such other conditions as the court thinks appropriate and specifies in the order.

        (2)         A person subject to a home detention order will, unless the home detention order is earlier revoked, remain on home detention—

            (a)         in the case of a person subject to a non-parole period—until the person is released on parole; or

            (b)         in the case of any other person—in accordance with Part 4 Division 7 of the Correctional Services Act 1982 .

        (3)         Subject to subsection (4), the court may vary or revoke a condition imposed under this section.

        (4)         The court may only vary or revoke the following conditions in the following circumstances:

            (a)         the conditions imposed by subsection (1)(e) and (g)(i)—if the court is satisfied, by evidence given on oath, that—

                  (i)         there are cogent reasons to do so; and

                  (ii)         the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public;

            (b)         the condition imposed by subsection (1)(h)—if the court is satisfied, by evidence given on oath, that removal of the electronic device is necessary for medical reasons.