CORRECTIONS ACT 1986 - SECT 78I Search

CORRECTIONS ACT 1986 - SECT 78I

    (1)     The Commissioner may give a direction under this section if the Commissioner—

        (a)     reasonably suspects a search referred to in subsection (2) is necessary to monitor the compliance of a prisoner on parole with the parole order; or

        (b)     reasonably suspects the prisoner on parole of behaviour or conduct associated with an increased risk of the prisoner re-offending or breaching the conditions of the parole order.

    (2)     The Commissioner may at any time direct a specified officer—

        (a)     to search that part of the residence of the prisoner on parole that is occupied by the prisoner and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the prisoner, at the residence; or

        (b)     to search and examine the prisoner on parole at the residence.

    (3)     For the purposes of subsection (2), a search of a prisoner on parole means either a garment search or a pat-down search.

    (4)     To the extent practicable a pat-down search must be conducted by a person of the same sex as the prisoner on parole being searched.

    (5)     If necessary, a specified officer may use reasonable force to carry out a search under this section.

    (6)     A search under this section may continue only for as long as necessary to achieve the purpose of the search.

    (7)     In this section—

"residence of a prisoner on parole" means—

        (a)     a residence at which the prisoner is authorised or required to live in accordance with their parole order; or

        (b)     any other premises in which the prisoner is residing.

S. 78J inserted by No. 57/2016 s. 8.