South Australian Current Acts South Australian Current Acts37A—Release on home detention
(1) Subject to this
section, the CE has an absolute discretion to release a prisoner from prison
to serve a period of home detention in accordance with this Division.
(2) The exercise by
the CE 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;
(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.
(3) The release of a
prisoner under this Division is subject to the following conditions:
(a) a
condition requiring the prisoner to remain at the prisoner's residence during
the period of home detention and not to leave the residence at any time during
that period except for the following purposes:
(i)
attendance at remunerated employment at such times and
places as are approved from time to time by the authorised officer to whom the
prisoner is assigned; or
(ii)
urgent medical or dental treatment for the prisoner; or
(iia)
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 (within the
meaning of the Sentencing Act 2017 ); or
(C) any other course of education, training
or instruction, or other activity,
as approved or directed by the authorised officer to whom the person is
assigned; or
(iii)
any other purpose approved or directed by the authorised
officer to whom the prisoner is assigned; and
(b) a
condition requiring the prisoner to be of good behaviour during the period of
home detention; and
(c) a
condition requiring the prisoner to obey the lawful directions of the
authorised officer during the period of home detention; and
(ca) a
condition prohibiting the prisoner from possessing a firearm or ammunition
(both within the meaning of the Firearms Act 2015 ) or any part of a
firearm; and
(cb) a
condition requiring the prisoner to submit to such tests (including testing
without notice) for gunshot residue as an authorised officer may reasonably
require; and
(d) such
other conditions as the CE thinks appropriate (including a condition that the
prisoner be monitored by use of an electronic device).
(4) A prisoner
released under this Division will, unless the release is earlier revoked,
remain on home detention—
(a) in
the case of a prisoner subject to a non-parole period—until he or she is
released on parole;
(b) in
the case of any other prisoner—until the time at which he or she would,
but for this Division, have been released from prison pursuant to this Act.
(5) The CE may, by
notice in writing served personally on the prisoner, vary or revoke any of the
conditions to which the prisoner's release is subject.
(5a) The Chief
Executive Officer may only vary or revoke the conditions imposed by
subsection (3)(ca) and (cb) on the release of a person on home detention
if he or she is satisfied that—
(a)
there are cogent reasons to do so; and
(b) 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.
(6) In this
section—
"non-parole period", in relation to a prisoner serving a sentence imposed for
an offence against a law of the Commonwealth, includes the minimum term to be
served under a recognisance release order;
"residence" includes, if the defendant is an Aboriginal or
Torres Strait Islander person, any place specified in the instrument of
release as the person's residence.