South Australian Current Acts South Australian Current Acts66—Automatic release on parole for certain prisoners
(1) Subject to this
section, the Board must order that a prisoner who is liable to serve a total
period of imprisonment of less than 5 years and for whom a
non-parole period has been fixed be released from prison or home detention on
parole on the day on which the non-parole period expires.
(1a) However, if,
because the commencement of a prisoner's non-parole period has been back
dated, the non-parole period expires prior to the date on which it is fixed,
the Board must order that the prisoner be released from prison or
home detention on parole not later than 30 days after the day on which
the non-parole period is fixed.
(2)
Subsection (1) does not apply to—
(aa) a
prisoner if any part of the imprisonment for which the person was sentenced is
in respect of an offence committed while the prisoner was on parole; or
(a) a
prisoner if any part of the imprisonment for which the prisoner was sentenced
is in respect of a sexual offence; or
(ab) a
prisoner if any part of the imprisonment for which the prisoner was sentenced
is in respect of an offence of personal violence; or
(aba) a
prisoner if any part of the imprisonment for which the prisoner was sentenced
is in respect of a serious drug offence; or
(ac) a
prisoner if any part of the imprisonment for which the prisoner was sentenced
is in respect of an offence against section 85 (being an offence consisting of
arson) or 85B of the Criminal Law Consolidation Act 1935 ; or
(aca) a
prisoner who is a serious firearm offender (within the meaning of Part 3
Division 3 of the Sentencing Act 2017 ); or
(acb) a
prisoner who is a terror suspect; or
(ad) a
prisoner who has been returned to prison under section 74 or 74AAA for
breach of a parole condition; or
(b) a
prisoner of a class excluded by the regulations from the application of
subsection (1).
(3) In this
section—
"offence of personal violence" means any of the following offences (including
a substantially similar offence against a corresponding previous enactment or
the law of another place):
(a) an
offence against the person under Part 3 of the
Criminal Law Consolidation Act 1935 ;
(c) an
offence of robbery or aggravated robbery;
(d) a
conspiracy to commit, or an attempt to commit, an offence referred to in
paragraph (a), (b) or (c);
(e) an
offence that is committed in circumstances in which the offender uses violence
or a threat of violence for the purpose of committing the offence, in the
course of committing the offence, or for the purpose of escaping from the
scene of the offence;
"serious drug offence" means—
(a) an
offence against Part 5 Division 2 or 3 of the
Controlled Substances Act 1984 or a substantially similar offence against
a corresponding previous enactment; or
(b) a
conspiracy to commit, or an attempt to commit, such an offence.