Wording of Special Conditions

Introduction

This section gives the guidelines for the wording of special conditions when preparing pre-sentence, pre-release and re-sentencing reports (for HD only) that recommend a rehabilitative sentence.

Reference: Recommended wording of special conditions for extended supervision are in this volume, part VIII, chapter 1, topic Extended Supervision Special Conditions Report.

Note: It may be necessary to edit any special conditions available through IOMS functionally (i.e. in drop-down boxes) to reflect those described in the manual.

Specific and detailed wording

As a principle, the wording of special conditions should be as specific as possible. When details of the special conditions such as programme titles and location are known and definite, they should be included in the wording of the special conditions.

Dates for special conditions

Wherever possible, include dates in special conditions when they are known and confirmed.

When dates are not confirmed, include wording that will allow for flexibility as to when an offender will commence a special condition.

Example: ‘To undertake and complete a residential drug and alcohol treatment programme to the satisfaction of your probation officer and treatment provider commencing no later than

Where dates are simply unable to be outlined in special conditions, discuss the possible timing of any programmes/treatment being recommended in the body of the report.

Residence/accommodation

Wording in relation to residence/accommodation should be:

• To reside at <address> and not to move address without the prior written approval of a probation officer. OR
• To reside at an address approved by a probation officer and not to move address without the prior written approval of a probation officer. OR
• To reside at an address approved by a probation officer upon completion of the <name>residential rehabilitation programme and not to move address without the prior written approval of a probation officer.

Wording if access into the residence is required should be:

• To comply with any direction given by the probation officer for a home visit to be undertaken. This includes allowing the probation officer access to your residence.

Residence - HD

Home detention (HD)

The wording of the court order in respect of HD will require the offender to travel directly to the HD residence and await the arrival of a probation officer.

Important:

• If any different arrangements are required (e.g. for the offender to travel by a specified route or type of travel), then a special condition to address this should be designed and recommended.
• If it will not be reasonable to expect the offender to reach the HD residence that day (e.g. travel from sentencing in Auckland to HD residence in Nelson), consider recommending that the court defers the commencement of HD until the next working day.

Residence - RR

Residential restrictions (RR)

The following special condition should be recommended in respect of every offender to be released from prison to parole with RR (full or partial):

• Upon release from prison, travel directly to <address> and await the arrival of a probation officer.

Note: This wording will differ from the offenders release licence as the release licence has prescribed wording for RR.

Electronic Monitoring

Any other type of electronic monitoring

Wording in relation to conditions for any other type of electronic monitoring should be:

• To comply with the requirements of electronic monitoring, as directed by a probation officer.

It is not necessary to include this as a special condition for HD/RR as this is already set out in the HD/RR conditions

Note: Recommendation of any other type of electronic monitoring requires the approval of the CPPS head office.

Employment

The standard condition regarding employment generally allows for an appropriate level of control over an offender in order to mitigate any risk(s) of re-offending relating to an offender’s employment situation.

Legislative references: Section 49(1)(g) and section 54(1)(h) Sentencing Act 2002, and section s14(g) Parole Act 2002.

Special conditions that direct offenders into specific training or employment cannot be offered to court/NZPB as they are likely to contravene the New Zealand Bill of Rights Act 1990.

If a special condition is required for employment, it must be limited to the offender notifying their probation officer when they:

• start, terminate and change their employment, or
• where a special condition prevents the offender from taking up particular types of employment/training.

The following wording should be used:

• To notify your probation officer prior to starting, terminating or changing your position or place of employment.
• Not to undertake____________type employment/training, or
• Not to undertake ___________ type employment/training without prior approval of the probation officer.

Attendance at programmes

Wording for special conditions for both departmental and other programmes should be:

• Undertake and complete the <name of programme>administered by <name of programme provider/organisation> and abide by the rules of the programme to the satisfaction of the programme provider and probation officer.

Wording where details of the departmental or other programme are unknown should be:

• To attend and complete an appropriate <name of programme type>to the satisfaction of your probation officer and programme provider. Details of the appropriate programme to be determined by your probation officer.

For other programmes (but not departmental programmes) wording where details of the programme are unknown and an assessment is required should be:

• To attend an assessment for <name of programme type> by <date the assessment is to be completed>. To attend and complete an appropriate <name of programme type> if and as recommended by the assessment to the satisfaction of your probation officer and programme provider. Details of the appropriate programme to be determined by your probation officer.

Psychological treatment/counselling

Wording for psychological treatment/counselling should be:

• Attend a psychological assessment by <date the assessment is to be completed>. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your probation officer and treatment provider.

Wording where details of the psychological treatment/counselling are unknown should be:

• Undertake and complete appropriate treatment/counselling to the satisfaction of the probation officer and treatment provider. The details of the treatment or counselling to be determined by your probation officer.

Note: This can also be used for other types of treatment/counselling where appropriate.

Psychiatrist

Wording if referring to a psychiatrist should be:

• Attend a psychiatric assessment with <name of psychiatric service/provider> by <date the assessment is to be completed>. Undertake any treatment/counselling as recommended by the psychiatric assessment to the satisfaction of your probation officer and treatment provider.

Wording where the service being referred to is unknown should be:

• Undertake any psychiatric treatment/counselling to the satisfaction of the probation officer and treatment provider.

Finances

Wording for budgeting advice should be:

• To undertake budgeting advice with <name of organisation>to the satisfaction of the probation officer.

Non-association

Wording in relation to non-association should be:

• Not to communicate or associate with <specified person(s) or class of persons>, unless you have the prior written consent of your probation officer. AND/OR
• Not to approach, enter or remain on the premises of <place or specified named person>or any other <name or specific type of place> at all times as specified by your probation officer.

Note: Non-association with gangs can only be reasonably imposed if the offender:

• has been convicted of offences related to gang activity, or
• is thought to be at high risk of offending due to the nature of their relationship with a gang (e.g. prospecting for a gang).

Wording in relation to victim issues should be:

• You are not to associate with, or contact, your victim/s without the prior written approval of a probation officer. OR

Wording in relation to child abuse or neglect under CYFS:

• You are not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, who has previously been approved in writing by your probation officer, is present . OR

Wording in relation to child sex offences:

• You are not to associate with, or contact, a person under the age of 16 years, except in the presence and under the supervision of an adult who has been informed about the relevant offending, and has been approved in writing by a probation officer as suitable to undertake the role of supervision.

Relapse Prevention

Wording in relation to relapse prevention should be:

• To attend, participate in and adhere to the rules of a relapse prevention group to the satisfaction of your probation officer and group facilitator(s). OR
• To attend, participate in and adhere to the rules of a maintenance group once you have completed <name of programme> to the satisfaction of your probation officer and group facilitator(s). OR
• Upon the agreement with whānau/family, attend a whānau/family hui at an approved venue within a timeframe to be determined by your probation officer.

Prescription medication

The court/NZPB may impose a special condition requiring an offender to take prescription medication, but such a condition cannot be imposed unless the offender:

• has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely intended effect of the medication and any known risks, and
• consents to taking the prescription medication.

When the offender withdraws consent with special conditions relating to medication, the risk of re-offending that results should be assessed.

If they are assessed as having a high risk of re-offending or concerns are held about their potential to cause harm to themselves or another person(s), the matter should be returned to the court/NZPB through an application.

Wording in relation to prescription medication should be:

• Take the following prescription medication for <name of medication>as prescribed by <name of person prescribing medication>in accordance with any directions given by <name of person prescribing medication>.

Placement in the care of

Section 51(c) of the Sentencing Act 2002 and section 16 (c) of the Parole Act 2002 allows for an offender to be placed in the care of any appropriate person, persons, group or agency approved by the Department of Corrections.

Wording of special conditions in relation to “placement in the care of” should be:

• The offender is to be placed in the care of <name of person, persons, group or agency> and reside at <address of person, persons, group or agency the offender is to be placed in the care of> and not to move from that address without the prior written approval of the probation officer.

Judicial/NZPB monitoring

Reports should not recommend special conditions relating to judicial or NZPB monitoring. However, standard wording has been agreed with the Ministry of Justice (Courts) and NZPB, and will be used in the event that such a special condition is imposed. The standard wording is given below, for information only.

Wording of special conditions in relation to judicial monitoring:

• To comply with the requirements of judicial monitoring as directed by a probation officer or the sentencing judge. The probation officer must prepare and provide to the judge a progress report before by <due date> submitting the report to the <court>.

Wording of special conditions in relation to NZPB monitoring should be:

• To comply with the requirements of the NZPB monitoring as directed by a probation officer or the NZPB.