South Australian Consolidated Acts South Australian Consolidated Acts41—Conditional release from detention
(2) If the Training
Centre Review Board is satisfied that the behaviour of a youth during a period
of detention in a training centre has been satisfactory and that there is no
undue risk that the youth would, if released under this section, re-offend,
the Board may, at any time after a youth has completed at least two-thirds of
the period of detention in a training centre to which he or she has been
sentenced, order the release of the youth, subject to the following
conditions:
(a) a
condition that the youth be under the supervision of an officer of the
Department and that the youth obey the directions of that officer; and
(b) any
other condition that the Board thinks fit.
(3)
Subsection (2) does not apply—
(a) to a
youth who has been dealt with as an adult and is serving a sentence or part of
a sentence of imprisonment in a training centre; or
(b) to a
youth who is serving a sentence of detention of less than 2 months.
(4) The Training
Centre Review Board may, for any proper reason, vary or revoke a condition
under subsection (2).
(5) Subject to
subsection (5a), the conditions on which a youth is released from a
training centre under this section are binding on the youth for the unexpired
period of the detention order.
(5a) The Training
Centre Review Board may release a youth on condition that the youth remain at
a residence specified by the Board for the remainder of the unexpired balance
of the term of detention or such shorter period as the Board may specify and,
if a youth is released on such a condition, the provisions of Division 2A
(except for subsections (4), (5) and (6) of section 37C and
section 37D(1)) apply as if—
(a) the
order of the Board were a sentence of home detention imposed by the Court; and
(b) a
reference to the Court were a reference to the Board.
(5b) The Training
Centre Review Board—
(a) must
not release a youth on home detention unless it is satisfied that
accommodation is available at the residence it proposes to specify; and
(b)
should not release a youth on home detention if it is not satisfied that
adequate resources exist for the proper monitoring of the youth while on home
detention by a home detention officer.
(6) If the Minister
considers that a youth has failed to observe any condition imposed by the
Training Centre Review Board under this section, the Minister may apply to the
Board for an order that the youth be returned to a training centre.
(7) Subject to
subsection (8), the Minister must cause a copy of an application under
subsection (6) to be served on the youth and a guardian of the youth, and
the application must be endorsed with a notice of the place, date and time for
the hearing of the application.
(8) If the Minister
believes on reasonable grounds that, if served with an application under
subsection (7), the youth would be likely to abscond, the Minister may
apply to a Judge—
(a) to
issue a warrant for the apprehension of the youth; and
(b) to
dispense with service of the application.
(9) A Judge will not
grant an application under subsection (8) unless satisfied, by
information given on oath, that there are reasonable grounds to believe that,
if served with the application under subsection (7), the youth would be
likely to abscond.
(10) Where—
(a) a
youth on whom an application is to be served cannot be found; or
(b) a
youth, having been served with the application, fails to attend before the
Board on an application,
a member of the Board may apply to a justice for a warrant for the
apprehension of the youth or may, with the concurrence of a second member of
the Board, issue such a warrant.
(10a) A justice must,
on application under subsection (10), issue a warrant for the
apprehension of the youth unless it is apparent, on the face of the
application, that no reasonable grounds exist for the issue of the warrant.
(11) A warrant issued
under this section authorises the apprehension of the youth referred to in the
warrant by a police officer or an officer of the Department authorised for the
purpose.
(12) A youth who has
been apprehended on a warrant issued under this section must be brought before
the Board as soon as reasonably practicable, and may be detained by the Chief
Executive in any place (other than a prison) approved by the Minister until
brought before the Board.
(13) If the Board
finds the allegation proved, it may order that the youth be returned to
detention under the original order.
(14) If a youth is
returned to detention under the original order—
(a) he
or she is liable to serve the balance of the sentence unexpired as at the date
on which the breach of condition occurred; and
(b) the
youth will be taken to have been serving that balance of sentence during any
period spent in custody pending determination of the proceedings for breach of
condition.
(15) However, instead
of exercising its powers under subsection (13), the Board may impose a
further condition on the youth's release requiring the youth to perform a
specified number of hours of community service, if the Board is of the opinion
that the breach of condition was not so serious as to warrant returning the
youth to detention.