Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZW

Suitability of offender for home detention

18ZW. Suitability of offender for home detention



(1) A court may only make a home detention order if the court is satisfied-

   (a)  that the offender is a suitable person to serve a sentence of
        imprisonment by way of home detention; and

   (b)  that it is appropriate in all of the circumstances that the sentence
        be served by way of home detention; and

   (c)  on written advice received from the Secretary to the Department of
        Justice, that-

   (i)  a place will be available for the offender in a home detention program
        approved by the Secretary to the Department of Justice from the day on
        which the offender commences his or her term of imprisonment; and

   (ii) the home detention program is located close enough to the place where
        the offender will reside during the period of the order to ensure
        adequate support and supervision; and

   (d)  that the offender has consented in writing to the making of the order
        and has made the written undertakings required by section 18ZZ; and

   (e)  that a home detention assessment report has been prepared on the
        offender in accordance with section 99F.

(2) In deciding whether or not to make a home detention order, the court must
have regard to the contents of a home detention assessment report on the
offender.

(3) A court may, for any reason it considers sufficient, decline to make a
home detention order despite the contents of a home detention assessment
report.

(4) A court may make a home detention order only if a home detention
assessment report states that, in the opinion of the person making the
assessment, the offender is a suitable person to serve a term of imprisonment
by way of home detention.