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Department of Corrections
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Policy & Legislation
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CPPS Operations Manual
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Volume 1 - Providing Information to Courts and New Zealand Parole Board
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II. Pre-sentence Reports
/
12. Distribution of Reports
12. Distribution of Reports
Overview
Distribution of Pre-sentence Reports
Requests for Release of Pre-sentence Reports
Volume 1 - Providing Information to Courts and New Zealand Parole Board
Preface
Overview
Preparing to Implement the New Sentencing Structure
Provision of Information
Special Conditions Relating to Programmes
Community Work (CW)
Supervision
Intensive Supervision
Community Detention (CD)
Home Detention (HD)
Serving a Prison Sentence
Short Sentences of Imprisonment
Long Sentences of Imprisonment
Extended Supervision
Legislative Framework
I. Reports General
General Information for Reports
Overview
General Guidelines for Writing Reports
Standard Conditions
Special Conditions
Wording of Special Conditions
Confidentiality
Offenders with Convictions for Offences against Children
Family Violence
Checklist for Reports
Presenting Prejudicial or Endangering Information
Signing Reports
Women in Prison with Babies
RoC*Rol
1. Overview
2. What is RoC*RoI?
3. Using RoC*RoI
Conducting Enquiries
Overview
General guidelines for making enquiries
Requesting information
Releasing information
II. Pre-sentence Reports
1. About Pre-sentence Processes
Overview
About Pre-sentence Reports
Considering Which Report to Complete
The Sentencing Matrix
Introducing Screening Tools
Safety Issues
Terminating the Interview
Aggravating and Mitigating Factors
Adjourn Before Sentencing
Completing a Report Without Interviewing the Offender
2. Considering Sentencing Options
A. Sentencing Hierarchy
B. Possible Sentencing Combinations
C. Purposes & Principles of Sentencing
D. Reaching a Recommended Sentencing Option
E. Considering Section 11 Provisions
F. Considering a monetary penalty
G. Considering community work
H. Considering supervision
Overview
Supervision as a Sentencing Option
Recommending Special Conditions on Supervision
I. Considering Intensive Supervision
Overview
Intensive Supervision as a Sentencing Option
Recommending Special Conditions on Intensive Supervision
Special Conditions Relating to Medium Intensity or Short Rehabilitative Programmes
J. Considering community detention
K. Considering home detention
Overview
Home Detention as a Sentencing Option
Recommending Special Conditions on Home Detention
L. Considering imprisonment
M. Considering Combined Sentences
N. Combining New Sentences with Existing Sentences
3. Identifying Rehabilitative Needs
Overview
Types of Rehabilitative Needs
Types Of Rehabilitative Needs
Rehabilitative Needs Descriptions
4. Programme Eligibility & Referral
5. Oral/On-strength Reports
Overview
Oral Reports and On-strength Information
Rules and Standards
6. Short PSR Assessment
Overview
When to Prepare a Short Assessment
Short Report Assessment Tasks
Preparation - Collating Information
Preparation - File Review
Conducting the Short Assessment Interview
Writing the Short Assessment Report
Finalising the Short Assessment Report
7. Full PSR Assessment
A. Full PSR Assessment Tasks
B. Preparation
Preparation
Collating Information
File Review
C. Conducting the Full PSR Assessment Interview
D. Canvassing HD or CD with the Offender
E. Writing the Report
Writing the Report
Writing the Report - Social and Cultural Factors
Writing the Report - Offending
Writing the Report - Motivation and Readiness to Change
Writing the Report - Summary
Writing the Report - Recommendation
Writing the Report - Sources of Information
Writing the Report - Attachments
F. Finalising the Report
8. Offender Information Report
Overview
Completing the Offender Information Report (OIR)
Detail to Include in Sections of the OIR
9. Collections Enquiries
Overview
Background
Fines Re-sentencing Legislation
Collections Processes
Considering Fines Re-sentencing in Criminal Matters
Considering Fines Only Re-sentencing
10. Reparation Reports
A. Guidelines and Entitlements
Overview
Reparation - General
Entitlement for Reparation
Offer to Make Amends
Reparation and ACC Entitlement
B. Reparation Process
Overview
Reparation Process
About the Reparation Process
Gather and Check Information
Initial Approach to Victim
Victim Interview
Offender Interview
Meeting of Victim and Offender
C. Writing the Reparation Report
Overview
Content of the Report
Victim Information in the Report
Other Report Information
Victim Impact Statement/Reparation Report Relationship
11. Restorative Justice Conferences
Overview
Description and Process Overview
Restorative Justice Coordination
Probation Officer Process
12. Distribution of Reports
Overview
Distribution of Pre-sentence Reports
Requests for Release of Pre-sentence Reports
13. Subsequent Request for Pre-sentence Reports/Information
III. Court Servicing
1. District Court List Hearings
Overview
Preparing for the District Court List Hearing
Checking CPPS Breach/Application Files
During the District Court List Hearing
Requests for Pre-sentence Reports
Oral or Short Assessment Report
Use of the Computer in Court
Following the District Court List Hearing
2. District Court Sentencing Hearings
Overview
Preparing for the District Court Sentencing Hearing
During the District Court Sentencing Hearing
Following the District Court Sentencing Hearing
3. District Court Bail Hearings
Overview
Opposing Bail
Grounds for Opposing Bail
Completing the Opposition to Bail Report
Preparing for the District Court Bail Hearing
During the District Court Bail Hearing
Following the District Court Bail Hearing
IV. Other Reports/Information to Court
1. Applications for Extended Supervision Order
Overview
Identification and Assessment of Offenders for ES
Application to Court
Appeals, Extensions and Cancellations
2. Re-sentencing to Home Detention
Overview
Leave to Apply for Substitution of Home Detention
Application Process
Home Detention Re-sentencing Report
Home Detention Re-sentencing Enquiries
3. Judicial Monitoring
Overview
About Judicial Monitoring
Judicial Monitoring Process
Progress Reports to the Judiciary
Request for Attendance at a Court Hearing
Attendance at a Court Hearing
Submissions to Court
V. Appendix for Electronically-monitored Sentences/Orders
1.Outline of the Appendix
2. Conducting Enquiries
A Interviewing the Offender
B Assessing the Suitability of the Proposed Address
C Defining Relevant Occupants
D Assessing the Suitability of Relevant Occupants
E Conducting Criminal History Checks on Relevant Occupants
F Conducting Enquiries with Government Agencies
G Sending Enquiries to Another Probation Officer
3. Writing the Appendix
VI. Release from Prison on Parole
1. Introduction to Pre-release Process
Overview
About the Pre-release Process
Stages of the Pre-release Process
Principles of the Pre-release Process
Roles and Responsibilities
2. Pre-release planning
Overview
About the Pre-release Planning Worksheet
Stages of the PRP Worksheet and Staff Responsibilities - PS
Stages of the PRP Worksheet and Staff Responsibilities - CPPS
Stages of the PRP Worksheet and Staff Responsibilities - Returned to PS
3. Pre-parole Liaison
Overview
About Pre-parole Liaison
Stages of Pre-parole Liaison
Implementing the Pre-parole Liaison Strategy
CPPS Record Keeping
4. Parole Assessment Reports
Overview
About the Parole Assessment Report Process
Full Parole Assessment Reports
Partial Parole Assessment Reports
Second and Subsequent Parole Assessment Reports
Specfic Parole Assessment Reports
PS - The Parole Assessment Report Interview
CPPS - Conducting Enquiries
Overview
Before Conducting Enquiries
Enquiries to Conduct
Liaison with CPPS Psychologists
Liaison with Government Agencies
Child Sex Offenders, Additional Enquiries
Criminal History Checks on Occupants
Recommending Release Conditions
Residential Restrictions Enquiries
Overview
About Residential Restrictions
Determining Whether to Conduct RR Enquiries
Conducting RR Enquiries and Preparing the RR Appendix
Recommending Residential Restrictions
CPPS - Drafting the Report
PS - Finalising the Parole Assessment Report
Special Circumstances
VII. Other Reports/Information to the NZ Parole Board
1. Extended Supervision Special Conditions Report
Overview
ES Report and Application Process
Interview and Enquiry Process
Child Sex Offenders, Determining Accommodation Suitability
Considering the Need for Special Conditions
Electronic Monitoring Special Conditions
Person to Person Special Conditions
Programme/Treatment Special Conditions
Writing the Report
Wording of Special Conditions for Extended Supervision
NZPB Hearing
2. NZPB Progress Monitoring
Overview
About NZPB Progress Monitoring
NZPB Progress Monitoring Process
Progress Reports to the NZPB
NZPB Progress Monitoring Hearings
Submissions to the NZPB
VIII. Other Reports Relating to Releases from Prison
1. Home Leave/Temporary Release Reports
Introduction
Developing a Home Leave Report
Home Leave Enquiries
Temporary Release Enquiries
2. Compassionate Release
Volume 2 - Managing Rehabilitative Sentences
Preface
Overview
Preparing to Implement the New Sentencing Structure
Provision of Information
Special Conditions Relating to Programmes
Community Work (CW)
Supervision
Intensive Supervision
Community Detention (CD)
Home Detention (HD)
Serving a Prison Sentence
Short Sentences of Imprisonment
Long Sentences of Imprisonment
Extended Supervision
Legislative Framework TBD
I. Background to Sentence Management
1. General
Overview
Offender Management Process Diagram
Combination of Sentences
Three Domains (Rehabilitation, Reintegration, and Report and Comply)
2. Establishing and Maintaining Offender Information and Records
A. Administration
Overview
Use of Forms
Maintaining Offender Files
Closing/Disposing of Offender Files
Contents of the Offender File (paper file)
Archiving Documents
Administrative Support Functions
B. IOMS Information
Overview
Information Held in IOMS
Use of IOMS
Maintaining IOMS Information about the Offender
C. Offender Casenotes
General Information about Casenotes
Writing Casenotes
Using Casenotes
II. Allocation and Induction
1. Pre-allocation
Overview
Preparation and Notification Prior to Start of Electronically Monitored Sentence or Order
Receiving the Order
Release on Conditions - Ensuring Accuracy
2. Allocating an Offender
Overview
Allocation Overview
Extended Supervision Order Allocation
3. Initial Induction at First Report In
Overview
Purpose of Initial Induction
Induction Process
Review File Information
Conducting the Initial Induction Interview
Awareness of Risk to Offender and Others
Closing the Initial Induction Interview
4. Sentence Specific Induction
A. Community Work Induction
B. Supervision / Intensive Supervision Induction
C. Community Detention Induction
D. Home Detention / Residential Restrictions Induction
Overview
Preparing for Induction
Travel Arrangements from Prison
Part One Induction (HD/RR)
Part Two Induction
E. Post Detention Conditions
F. Release from Prison Induction
G. Extended Supervision Induction
5. Reintegrative Needs Assessment
A. About Reintegrative Needs
B. Determining Reintegrative Needs
C. Reintegrative Need: Employment
Overview
Employment - General
Work and Income Work Streams
Proposed Employment Suitability
Employment Check Process
Employment Check (Considerations)
III. Offender Planning
1. General Information for Offender Planning
Overview
General Guidelines
Sentence Management Phases
Minimum Reporting Requirements
Reporting Requirements for OWS Offenders
Scheduled Home Visit Requirements
2. Planning Special Conditions
Overview
General Information
Court Imposed Conditions of Release
Making Referrals
3. The Offender Plan
Overview
Process
Format
Drafting the Offender Plan
Developing the Offender Plan with the Offender
Adding Objectives to the Offender Plan
Objectives and Activities
Extended Supervision Offender Planning
4. Transitioning Offenders/Impacts of New Sentence / Order Combinations
IV. Interventions/Programmes
V. Managing an Offender's Sentence/Order
1. General Sentence Management
Overview
Managing an Offender's Reporting
Varying the Reporting Frequency
Carrying out Home Visits
Managing an Offender's Employment
Referring to and Monitoring Programmes and Activities
Establishing and Maintaining Motivation
Monitoring and Reporting on Offender's Compliance
Measuring Progress
Approved Adults for Supervising Child Sex Offenders' Contact with Children
2. Electronic Monitoring
A. Managing Absences
Overview
About Absences
General Requirements for Approved Absences
Approved Absences in Each Phase
Confirming Approved Absences
Approved Absences on Humanitarian Grounds
Absences Without a Specified Purpose
Emergency Absences
B. Managing the Interface with Electronic Monitoring Company
Overview
Introduction to Electronic Monitoring
The Monitoring Company
Monitoring Forms
Assessing the Suitability
Connection and Disconnection of Electronic Monitoring
Manual Monitoring
Responding to Electronic Monitoring Alarms
Weekly Event Reports
C. GPS Monitoring
Overview
About GPS Monitoring
Criteria and Process for Requesting GPS Monitoring
Setting Inclusion and Exclusion Zones
GPS Connection Request
GPS Connection and Induction
GPS Event Reports and Maps
Ongoing Management of GPS
Using GPS Information for Offender Management and Enforcement
GPS Forms
GPS Events and Event Definitions
D. Managing Offenders Subject to HD Order Transitional Section
3. JM / NZPB Progress Monitoring
4. Offender Plan Reviews
Overview
About Offender Plan Reviews
Reviewing the Offender Plan
5. Case Work Tools
A. Problem Solving Module
Overview
About the Problem Solving Module
Problem Solving Module Process
Introduce the Process
Survey the Problem Areas with the Offender
Rank the Problems/Issues
Explore the Top Three Problems and Identify Goals
Identify Strategies
6. Managing Requests for Overseas Travel
7. Sentence Completion Processes
Overview
Process Overview
Preparing to Write the Sentence Completion Report
Conducting the Sentence Completion Interview
Writing the Sentence Completion Report
Additional Procedure for Electronic Monitoring
Extended Supervision Completion
Completing Offender Plan Requirements
8. Formal Review for Extended Supervision
VI. Changes in Offenders Circumstances
1. General Information
2. Changes of Address
Changes of Address
General Information Re Change of Address
Child Sex Offenders/Extended Supervision
When to Decline or Postpone
Procedure for Managing Requests for a Change of Address
When the Address is No Longer Suitable - HD and RR
When the Address is No Longer Suitable - Other Sentences/Orders
3. Transfers
Overview
Processing Transfers out of the Area
Processing Transfers into the Area
Completing the Transfer Assessment
Refusing the Transfer
Transfers for Child Sex Offenders
4. Programmes/Other
Overview
General Information
Programme Not Available
Offender Not Eligible for Programme
Other Changes
5. Further Offending
Overview
General Information
Action Required
6. Appeals
Overview
Lodging an Appeal - Legislation
The Appeal Process
Appeal Lodgement Procedures
Processing the Appeal Decision
VII. Non-compliance and Enforcement
1. Principles of Non-compliance and Enforcement
2. Determining Non-compliance
Overview
Criteria to Determine Non-compliance
Process for Establishing/Evidencing Non-compliance
3. Determining what Enforcement Action to Take
A. Offender Fails to Report
B. Offender Fails to Comply with Requirements of an Electronically Monitored Sentence/Order
C. Offender Fails to Comply with Other Standard or Special Conditions
D. Offender Charged with, or Convicted of, Further Offending
E. OWS Offender on Parole
Overview
Failure to Report - Required Enforcement Action
Failure to Comply with Conditions - Required Enforcement Action
Dealing with Non-Compliance - Guiding Principles and Definitions
4. Sanctions
A. About Using Sanctions
B. Types of Sanctions
Overview
Formal Warnings (Verbal and Written)
Require an Offender to Return to, or Remain in, an Earlier Sentence Management Phase
Withdraw/Limit Approval for Authorised Absences (HD and Parole with RR)
5. Taking Breach Action
Overview
About Breach Action
Penalties for Breaching a Sentence/Order
Breach Process
Preparing Paperwork for Breach Action
Laying a Breach Charge
Preparing File for Prosecution of Not Guilty Hearings
6. Having Offenders Arrested
Overview
When to Request a Warrant to Arrest or Arrest without Warrant
Requesting a Warrant to Arrest
Actions Following Arrest
Arrest without Warrant
VIII. Applications to Court
1. About Applications to Court
Overview
Types of Applications and When to Apply
Eligibility and Grounds for Application
Who May Apply
Conditions Suspended
2. Application for Variation
3. Application for Cancellation
4. Application for Cancellation and Substitution
5. Application Procedure
Overview
Before Beginning the Application
Making an Application
Serving the Application
When Offender Makes an Application
6. Urgent Applications
7. The Hearing and Decision
IX. Applications to the Parole Board
1. General Information about Applications
2. Applications to Vary or Cancel (Discharge) Condtions
Overview
General Information
When to Apply for Variation or Cancel (Discharge)
3. Preparing an Application
Overview
How to Make an Application
4. About Applications for Recall
Overview
General Information
Interim Recall
Overview of Recall Application
5. Before Applying for Recall
Overview
Making a Decision to Apply for Recall
Recording Decision-making and Action Taken
6. Preparing an Application for Recall
Overview
Offender on a Determinate Sentence
Recall Documents
Offender on Indeterminate Sentence
7. After Applying for Recall
Overview
Recall without Interim Order
Recall with Interim Order
Offender on Indeterminate Sentence
8. Confidentiality Orders
9. Attending a NZPB Hearing
Overview
The NZPB Hearing
Legal Counsel
Hearing Preparation
During and After the Hearing
Appealing a NZPB Decision
Volume 3A - Managing Community Work
Preface
Overview
Preparing to Implement the New Sentencing Structure
Provision of Information
Special Conditions Relating to Programmes
Community Work (CW)
Supervision
Intensive Supervision
Community Detention (CD)
Home Detention (HD)
Serving a Prison Sentence
Short Sentences of Imprisonment
Long Sentences of Imprisonment
Extended Supervision
Legislative Framework
I. Community Work Pre-allocation and Induction
1. Community Work Pre-allocation
Overview
When the Sentence Starts
Receiving the Court Order
2. Community Work Induction
A. Initial Induction/First Report
Overview
Purpose Of Initial Induction
Induction Process
Review File Information
Conducting the Initial Induction Interview
Awareness of Risk to Offender and Others
Closing the Initial Induction Interview
B. Induction Specific to CW Agency
Overview
Community Work Agency Induction - Process Overview
Carrying out a Community Work Agency Induction
Community Work Agency Placement
Community Work Agency Meeting
Information to Cover during CWA Induction
C. Induction Specific to CWC
Overview
Carrying out a CWC Induction
Information to Cover During CWC Induction
Background to Community Work Centre Rules 2002
Documentation to Complete Induction
D. Centre Rules (CWC Rules)
Overview
Remuneration and Disposal of Goods Produced
CWC Site Facilities
Health and Safety at the CWC
Closure of a CWC
Offenders Under the Influence or in Possession of Alcohol or Other Drugs
Drug Searches at Community Work Facilities
3. Work Place and BWLS Assessment
A. Workplacement Assessment
Overview
Underlying Principles
Criteria for Work Placement
Work Placement Assessment Tasks
B. Basic Work and Living Skills Screening
Overview
Determining Eligibility for BWLS
Explaining BWLS to Offenders
Assessing Willingness to Participate
Screening for Needs and Programme Eligibility
C. Completing the Work Placement and BWLS Assessment
II. Management of Community Work Centres
1. CWC Offender Management
Overview
Setting up a Work Party
Reporting on a Scheduled Work Day
Final Day
2. CWC Community Work Supervisor Guidelines
Overview
Maintaining Contact with the CWC
Provision of Food
Contingencies for Bad Weather
Sun Protection
3. CWC Approving and Monitoring Placements
Overview
Process for Establishing a Work Project
Unsuitable Work Projects
Selecting a Suitable Work Project
Approving Work Projects
Work Project Agreement
Monitoring Projects
Equipment Rules for Work Projects
Transport Rules for Work Projects
Project Sponsor Claims for Loss or Damage
The Work Project Register
III. Management of CW agencies
1. CWA Offender Management
Overview
Attendance Records
Monitoring Placements
Breakdown of Agency Placement
2. CWA Selecting and Approving Agencies
Overview
Selecting and Assessing Potential Agencies
Agency Work that must be Excluded
Inducting Agencies
Information for Agencies
CWA Funding
The Community Work Agency Register
Annual Review
Agency Claims for Loss or Damage
Transport Rules for Agencies
3. Administration of CWS Funding
Introduction to Community Work Agency Funding
Roles and Responsibilities
Making an Application
Managing an Application
Managing Funds and Orders
Ordering from CIE - High Visibility Vests and Overalls
Ordering from Blackwoods Paykels
IV. General Sentence Management
1. Everyday Management
Overview
Supervising Offenders
Compliance Incentives
Managing Offender's Medication
Wet Weather Policy
Final Day
Medical Certificate Policy
2. Other Aspects of Sentence Management
Overview
Managing Multiple Placements
Further Community Work
Obligations to Other Sentences
Non-association Orders
Using Cultural Agencies for Community Work
Effect of Further Sentences
3. Managing Requests for Overseas travel
4. Community Work Timeframes
5. Quarterly Progress Assessments
Overview
Monitoring Timeframe Reports
Reviewing Monitoring Information Reports
Placement Re-assessments
6. Sentence Completion Assessments
Overview
Process Overview
Sentence Completion Report
Consideration for Remission
Sentence Completion
V. Changes in Offender Circumstances
1. Managing Change of address
Overview
Process Tasks
Transferring the Offender
Transferring the file
Refusing the Transfer of the File
The Transfer Assessment
Processing Transfers into the Area
2. Appeals
Overview
Lodging an Appeal - Legislation
The Appeal Process
Appeal Lodgment Procedures
Processing the Appeal Decision
VI. Non-compliance enforcement
1. Principles of Non-compliance
2. Determining non-compliance
Overview
Criteria to Determine Non-compliance
Process for Establishing/Evidencing Non-compliance
3. Sanctions
A. About Sanctions
B. Types of Sanctions
C. Remissions of Hours
D. Not counting hours
4. Community Work Breaches
A. About Breach Action
B. Penalties for Breaching a Sentence
C. Breach Process
D. Preparing Paperwork for a Breach
E. Laying a Breach Charge
F. Preparing a File for Prosecution of Not Guilty Hearings
5. Enforcement guidelines
Enforcement Guidelines
Types of Enforcement Action
Guidelines for Enforcement
6. Having Offenders Arrested
Overview
Requesting a Warrant to Arrest
Actions Following Arrest
VII. Applications to Court
1. About Applications
2. Applications for Variation
3. Applications for Cancellation
4. Applications to cancel and substitute
5. Applications for Extensions
6. Application procedure
Application Procedure
Before Beginning the Application
Making an Application
Serving the Application
When Offender Makes an Application
7. The Hearing and Decision
VIII. Managing Basic Work and Living Skills
1. About Basic Work and Living Skills
2. Obtaining Consent and Making a Referral
Overview
Obtaining Consent for BWLS Assessment
Making the Referral for BWLS Assessment
3. Confirming Basic Work and Living Skills Programme
Overview
Processing the Provider Assessment Confirmation Form
When Offender's BWLS Needs can be Addressed
When Offender's BWLS Needs cannot be Addressed
When Offender does not have BWLS Needs
When Offender did not Attend Assessment
Confirming the Programme Details with the Offender
Confirming the Programme Approval to the Provider
4. Programme Participation and Monitoring
Overview
Monitoring Attendance
Recording Hours
Determining Non Attendance or Cooperation Issues
Dealing with Non Attendance
Dealing with Cooperation Issues
Effects of subsequent sentences
5. End of Programme
Overview
Determining End of BWLS Programme
Assessing Performance
Recording Outcome and Crediting Hours
Volume 3B - Managing Community Detention
Preface
Preparing to Implement the New Sentencing Structure
Provision of Information
Special Conditions Relating to Programmes
Community Work (CW)
Supervision
Intensive Supervision
Community Detention (CD)
Home Detention (HD)
Serving a Prison Sentence
Short Sentences of Imprisonment
Long Sentences of Imprisonment
Extended Supervision
Legislative Framework
I. Introduction to Community Detention
What is Community Detention?
Purposes of Community Detention
Managing Combined Sentences
II. Setting up a Community Detention Sentence
Pre-sentence Electronic Monitoring Preparation
Ordering EM Equipment and Notifying the EM Company
Allocation
Overview
Receiving the Community Detention Order
Allocating an Offender
Initial induction at First Report
Overview
Purpose of Initial Induction at First Report In
Induction Process at First Report In
Review File Information
Conducting the Initial Induction Interview at First Report In
Awareness of Risk to Offender and Others
Closing the Initial Induction Interview at First Report In
Additional First Report-in Tasks
Overview
First Report In Tasks
If an Offender Fails to Report
Installation and Set Up of Electronic Monitoring Equipment
Community Detention Induction
III. Sentence Management for Community Detention
1. Managing Electronic Monitoring for Community Detention
Overview
Introduction to Electronic Monitoring for Community Detention
The Use of Electronic Monitoring Information for Community Detention
Electronic Monitoring Equipment
CPPS Roles and Responsibilities
Temporary Removal of Electronic Monitoring Equipment
Community Detention Electronic Monitoring Forms
2. Monitoring Compliance with Curfews and Electronic Monitoring
Overview
Introduction to Community Detention Electronic Monitoring Notifications
Community Detention Electronic Monitoring Notification Process
Types of Community Detention Electronic Monitoring Notifications
Investigating Community Detention Electronic Monitoring Notifications
Investigating Community Detention Electronic Monitoring Boundary Notifications
Investigating Community Detention Electronic Monitoring Equipment Notifications
Reminders and Escalations
Weekly Caseload Notifications
Recording Compliance with Curfews and Electronic Monitoring
Emergency Absences
3. Reporting and Home Visit Requirements for Community Detention
4. Authorised Absences
Overview
General Requirements for Approving Absences
Absences on Humanitarian Grounds
Absences when Community Detention is Combined Together with Supervision or Intensive Supervision
Confirming Approved Absences
How to Approve an Absence
5. Changes in Offender Circumstances
Overview
Curfew Period Variations
Curfew Address Variations
Withdrawal of Consent by Occupants
Notifying EM Company of Changes in Offender Circumstances
6. Managing Requests for Overseas Travel
7. Community Detention Appeals
Overview
Lodging an Appeal - Legislation
The Appeal Process
Appeal Lodgement Procedures
Processing the Appeal Decision
IV. Non-compliance and Enforcement
1. Principles of Non-compliance and Enforcement for Community Detention
2. Roles and Responsibilities
3. Determining Non-compliance with Community Detention
Overview
Criteria to Determine Non-compliance
Establishing and Evidencing Non-compliance
4. Community Detention Sanctions
Overview
About Community Detention Sanctions
Using Community Detention Sanctions
5. Community Detention Breaches
Overview
About Breach Action
Penalties for Breaching Community Detention
Breach Tasks - Overview
Preparing Paperwork for a Breach
Laying a Breach Charge
Preparing File for Prosecution for Not Guilty Hearings
6. Community Detention Enforcement Guidelines
Overview
Using Enforcement Guidelines
Types of Enforcement Action to Use
Enforcement Guidelines for Further Offending
Enforcement Guidelines for Unauthorised Absences and Deviation from Curfew
Enforcement Guidelines for Refusing Entry or Tampering with Monitoring Equipment
Enforcement Guidelines for Failing to Report
7. Having Offenders Arrested
Overview
Requesting a Warrant to Arrest
Actions Following Arrest
V. Applications to Court
1. About Applications to Court
Overview
Types of Application and When to Apply
Applications for Variation
Applications for Cancellation
Applications for Cancellation and Substitution
Concurrent Sentences
Who May Apply
Suspending the Curfew Period
Approving an Alternative Curfew Address
2. Application Procedure
Introduction
Before Beginning the Application
Making an Application
Serving the Application
When Offender Makes an Application
3. Urgent Applications
4. The Hearing and Decision
VI. Community Detention Completion Processes
Overview
Sentence Completion Report
De-installation and Recovery of Electronic Monitoring Equipment
Sentence Completion
VII. Forms for Community Detention
Volume 4 - Risk and Relationships
Part 1 - Management of Risk
Chapter 1 - Working with Offenders
Overview
Probation Officers and Offender's Role
Contact with Offenders and Others
Reporting Notifiable Incidents
Chapter 2 - Awareness
Overview
Safety Awareness
Cultural Awareness
Youth Awareness
Gender Issues
Chapter 3 - Offender Warning System
Overview
The Offender Warning System
File Management
Checking IOMS records
Assessment Criteria
Offender Warning System Process
Responsibilities
Chapter 4 - Highest Risk Offenders (HRX) and Information Sharing with NZ Police
Overview
Sharing Information between PPS, CPS and the Police
Psychological Service Criteria to Identify Highest Risk Offenders
Process of HRX Identification and Flag
HRX status for offenders outside the criteria
Disclosing Information about Offenders on Parole, Home detention or Extended Supervision
Chapter 5 - Domestic Violence
Overview
The Domestic Violence Act 1995
Domestic Violence Rules 1996
The Domestic Violence (Programmes) Regulations 1996
Interagency Protocols
Chapter 6 - Battered Woman Syndrome
Overview
What is Battered Woman Syndrome?
Why Battered Women Stay
Battered Woman Syndrome - Practice Guidelines
Further Reading
Chapter 7 - Child Abuse
Overview
Guiding Principles for Dealing with Child Abuse
Encountering Child Abuse
Signs of Child Abuse
Recognising Child Abuse
Reporting Child Abuse
CPS Agreement with CYF
Chapter 8 - Privacy
Section 8A - Introduction to the Privacy Act
Section 8B - Information Privacy Principles
Section 8C - Dealing with Requests for Information
Overview
Handling Requests for Information
Access to and Correction of Personal Information
Refusing Requests for Information
Use and Disclosure of Personal Information
Section 8D - Collecting and Storing Personal Information
Overview
Collecting Personal Information
Storage and Security of Personal Information
Unique Identifiers
Chapter 9 - Official Information
Section 9A - Official Information - General
Overview
Requests Under the Official Information Act
Reasons for Withholding Information
Corrections to Information
Section 9B - Responding to an OIA Request
Overview
Logging and Tracking Requests
Requests from External Agencies
Referring and Transferring Requests
Timeframe for Response
Withholding Information
Manner of Release of Information
Deletion or Editing Information
Charging for Processing a Request for Information
Review by the Ombudsman
Chapter 10 - Victim Notification
Chapter 11 - Complaints
Overview
Background
Dealing with complaints informally
Process for making a formal complaint
Complaints process overview
Key roles and responsibilities
Complaint definitions
Official Agency offender complaints
Chapter 12 - Information Sharing about Child Sex Offenders
Overview
Sharing Information about child sex offenders
Definitions for the purposes of the Agreement
Information Sharing Process
Disclosure of Information between Agencies
Personal Information which may be disclosed
Compliance information privacy principles
Chapter 13 - Support Planning Meetings for child sex offenders
Overview
Eligibility of offenders for SPM's
Suitability of offenders for SPM's
Obtaining an offender's consent for an SPM
SPM Participants
Organising an SPM
Facilitating an SPM
Chapter 14 - Notifying Specified Individuals about Child Sex Offenders
Overview of Notifying Specified Individuals about Child Sex Offenders
Introduction to Notification for CSOs
Making the Initial Identification
After Initial Identification
Making a Decision Whether to Notify
Legal Considerations
Planning Notification
Notifying Affected Neighbours and Other Individuals
Managing Community Reaction
Reviewing Notification
Part 2 - Relationships with Agencies
Chapter 1 - Service Level Agreements within Department of Corrections
Overview
Public Prisons Service
PPS - OCNs and SPIs
Eligible Offenders Without a Completed SPI
Contingencies to Meet Demand
Quality Standards and Inter-Service Reporting
Psychological Service
Chapter 2 - Memoranda of Understanding
Overview
Police
Witness Protection
New Zealand Prisoners' Aid and Rehabilitation Society Inc.
Child Youth and Family
Ministry of Justice - Courts Section
Inland Revenue
Career Services
Ministry of Housing
Ministry of Social Development
CPS Manual Site Map
CPPS Manual Site Map
Corrections Department NZ >Policy & Legislation >CPPS Operations Manual >Volume 1 - Providing Information to Courts and New Zealand Parole Board >II. Pre-sentence Reports >12. Distribution of Reports
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