This information is intended for those who may be subject to an application for an extended supervision order.
The following information outlines the process of extended supervision and what you can expect if an extended supervision order is imposed on you.
It covers all aspects, including:
Getting more information
This information is intended only as a general introduction to the order of extended supervision and is not a substitute for legal advice. For more information about extended supervision, the process and your rights and the rights of the victim/s of your offending, you can:
Eligibility
The Department of Corrections can apply for, and the court can impose, an extended supervision order on a person who has been:
These sexual offences include:
Such people are eligible whether they are currently:
Assessment
The Chief Executive of the Department of Corrections is required by law to determine how likely it is that you will commit certain sexual offences. To do this, the Department will arrange for a psychological or psychiatric health assessment to be carried out to assess your risk of sexual re-offending.
This assessment will be carried out by a health assessor, who will be either a psychologist or a psychiatrist. It would be helpful for the health assessor to meet with you and, with your agreement, carry out some assessments.
You have the right to decline to be interviewed for the purposes of this assessment. However, if you decline to be interviewed by the psychologist, an assessment report will still be prepared on you using other available information.
Your reasons for refusal to participate in the assessment will be noted and may be taken into consideration by the court when the application is heard as will the fact that you refused to participate.
The assessment report is used by the Department of Corrections to decide whether they will proceed with the application based on your risk of sexual re-offending against those under 16 years of age or with a significant impairment.
Application to court
If the Department of Corrections decides to proceed with an application for an extended supervision order, the application is made to the sentencing court (the sentencing court is the court that previously sentenced you for sexual offences).
You will be sent:
When the application is heard, you must appear in court and a warrant or summons may be issued to you for such a court appearance. You may make submissions to the court and you may give evidence. You may have legal representation.
When considering if you should be made subject to an order, the sentencing court takes into account the health assessment report and any other factors that may contribute to your risk of sexual re-offending against those under 16 or with a significant impairment.
Any victims of your offending who are registered as part of the victim notification system can also make submissions to the court.
Granting an order – plus the right of appeal
The court may grant an extended supervision order if it is satisfied you are likely to commit further sexual offences against those under 16 or with a significant impairment.
You have the right to appeal this decision. The Department of Corrections also has the right to appeal the court’s decision, for example when an order is not made.
Special conditions
When granting an extended supervision order the court may also impose interim special conditions to apply until special conditions are imposed by the New Zealand Parole Board.
The Department of Corrections may apply to the New Zealand Parole Board for special conditions to be imposed.
You and/or your lawyer have the right to make written submissions to the New Zealand Parole Board and request leave to appear when the board sits to determine what (if any) special conditions will be imposed.
Victims of your offending may also make submissions to the New Zealand Parole Board.
The New Zealand Parole Board will inform you of any special conditions that have been imposed on you, and will inform any victims of your offending of these conditions.
You have 28 days after the decision to apply to the board for a review of any decision made by the board to impose special conditions.
When does an order start?
If you become subject to an extended supervision order, the order will start once you have completed your period of imprisonment or parole or on a date set by the court.
If you become subject to an extended supervision order, both you and the Department of Corrections will have the right to apply for the early termination of the order and variation or cancellation of the conditions imposed by the New Zealand Parole Board.
How does monitoring work?
If you become subject to an extended supervision order, Community Probation & Psychological Services will monitor you in accordance with the conditions of the order for the period set by the court.
If you are convicted of a breach of the conditions you may be sentenced to up to two years' imprisonment.
If you return to prison within the time period of the extended supervision order, the order will be suspended and resume when you return to the community.
Legal advice
You have the right to seek and receive legal advice at any stage.
During the assessment stage
You have the right to refuse to take part in any interview requested by the person preparing the health assessment report that will accompany any application for an extended supervision order in relation to you – however:
During the application stage You have the right to make submissions and/or give evidence to the sentencing court if an application for an extended supervision order is made.
If an order is imposed
If an extended supervision order is imposed, you have the right to appeal the decision.
The Department of Corrections may also appeal the decision, for example if an extended supervision order is not imposed.
If special conditions are requested
If an extended supervision order is imposed and the New Zealand Parole Board sits to determine if special conditions should also be imposed on you, you have the right to make written submissions to the board and you may, with the leave of the board, appear before the board, and make oral submissions on whether special conditions should be imposed, what the conditions should be, and their duration.
What are the rights of the victim/s
Victims of your offending who are registered through the victim notification system will be notified if an application for an extended supervision order is made in respect of you. They may then make submissions to the sentencing court.
If an extended supervision order is imposed, victims of your offending may also make submissions to the New Zealand Parole Board when the board sits to decide if any special conditions will be imposed.
Victims may also, with the leave of the board, appear and make oral submissions on whether special conditions should be imposed, what the conditions should be, and their duration.
Unless disclosure would interfere with the privacy of any person other than you, victims of your offending will be notified of: