South Australian Consolidated Acts

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CORRECTIONAL SERVICES ACT 1982 - SECT 38

38—Release of prisoner from prison or home detention

        (1)         Subject to this Act, a prisoner (other than a remand prisoner) will be released from the correctional institution in which the prisoner is being detained on the day on which the prisoner's sentence of imprisonment expires, unless released earlier under any other provision of this Act, or under any other Act or law.

        (2)         Subject to subsection (3), the Chief Executive Officer may, by instrument in writing, authorise the release of a prisoner from prison or from home detention on any day during the period of 30 days preceding the day on which the prisoner is due, or would have been due, to be released from prison pursuant to any other provision of this Act.

        (3)         Subsection (2) does not apply in relation to a prisoner who is serving a term of imprisonment for default in payment of a pecuniary sum.

        (4)         In this section—

"pecuniary sum" has the same meaning as in the Criminal Law (Sentencing) Act 1988 .



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