South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section and the regulations, the Chief Executive Officer 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 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.
(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)
remunerated employment; or
(ii)
urgent medical or dental treatment for the prisoner; 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
(d) such
other conditions as the Chief Executive Officer thinks appropriate.
(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 Chief Executive Officer 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.
(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 prisoner is an Aborigine who resides on tribal
lands or an Aboriginal reserve, any area of land specified in the instrument
of release.