South Australian Numbered Acts

CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 24 OF 2012) - SECT 42

42—Amendment of section 68—Conditions of release on parole

        (1)         Section 68(1)—delete subsection (1) and substitute:

        (1)         The release on parole of a prisoner serving a sentence of life imprisonment—

            (a)         is subject to each of the following conditions:

                  (i)         a condition prohibiting the prisoner from committing any offence;

                  (ii)         a condition prohibiting the prisoner from possessing an offensive weapon unless the Board permits the prisoner to possess such a weapon and the prisoner complies with the terms and conditions of the permission;

                  (iii)         until the expiration of the period of parole (or for such lesser period as may be specified in the order of the Governor under section 67)—a condition that the prisoner must—

                        (A)         be under the supervision of a community corrections officer; and

                        (B)         obey the reasonable directions of the community corrections officer; and

            (b)         may be subject to any other condition recommended by the Board and approved by the Governor to be effective until the expiration of the period of parole (or for such lesser period as may be specified in the Governor's order), including a condition that—

                  (i)         for the period of up to 1 year commencing on the day on which the prisoner is released—the prisoner must—

                        (A)         reside at specified premises (including premises declared under this Act to be a probation and parole hostel or a prison); and

                        (B)         undertake at specified places such activities and programs as determined by the Board from time to time to assist in the reintegration of the prisoner into the community; and

                  (ii)         the prisoner be monitored by use of an electronic device.

        (1aa)         The release on parole of a prisoner (other than a prisoner serving a sentence of life imprisonment)—

            (a)         is subject to each of the following conditions:

                  (i)         a condition prohibiting the prisoner from committing any offence;

                  (ii)         a condition prohibiting the prisoner from possessing an offensive weapon unless the Board permits the prisoner to possess such a weapon and the prisoner complies with the terms and conditions of the permission;

                  (iii)         until the expiration of the period of parole (or such earlier date as is specified by the Board)—a condition that the prisoner must—

                        (A)         be under the supervision of a community corrections officer; and

                        (B)         obey the reasonable directions of the community corrections officer; and

            (b)         may be subject to any other condition (including a condition that the prisoner be monitored by use of an electronic device) to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board).

        (2)         Section 68(1a)—after paragraph (c) insert:

            (d)         a condition requiring the prisoner, on making an application for employment, to provide the prospective employer with a report about the prisoner's criminal history.

        (3)         Section 68(3)—delete subsection (3)