South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 37A—Release on home detention
Section 37A(1a) and (2)—delete subsections (1a) and (2) and substitute:
(2) The exercise by
the Chief Executive Officer of the discretion under subsection (1) is subject
to the following limitations:
(a) a
prisoner who is serving or is liable to serve a sentence of indeterminate
duration and has not had a non-parole period fixed cannot be released on home
detention;
(b) a
prisoner cannot be released on home detention unless—
(i)
in the case of a prisoner in respect of whom a non-parole
period has been fixed—the prisoner has served at least one-half of the
non-parole period;
(ii)
in any other case—the prisoner has served at least
one-half of the prisoner's total term of imprisonment;
(c) the
release of a prisoner on home detention cannot occur earlier than 1 year
before—
(i)
in the case of a prisoner in respect of whom a non-parole
period has been fixed—the end of the non-parole period;
(ii)
in the case of a prisoner in respect of whom a non-parole
period has not been fixed but whose total term of imprisonment is more than 1
year—the day on which the prisoner would otherwise be released from
prison under this Act;
(d) any
limitations determined from time to time by the Minister, which may include,
without limitation, the exclusion of prisoners sentenced for a specified class
of offence or any other class of prisoners from release on home detention.