This topic outlines the factors to consider prior to recommending home detention (HD) as sentencing option.
HD has both rehabilitative and punitive elements. It can be imposed if the court is satisfied that the proposed residence is suitable, the relevant occupants consent, the offender agrees to comply with the conditions that will apply, and the proposed residence is in an area where the Department of Corrections operates HD.
HD can be designed to address both rehabilitative and re-integrative needs. It can be used, particularly when combined with post-detention conditions (to provide a longer sentence length), to address severe and/or complex needs.
HD can be imposed for between 14 days and 12 months.
Legislative reference: Section 80A Sentencing Act 2002.
If the HD sentence is for 6 months or less the court may also impose post-detention conditions for between 6 and 12 months.
If the HD sentence is for more than 6 months then standard post-detention conditions apply for 12 months after the end of the HD period, unless the court specifies otherwise, and the court may also impose special conditions.
Any pre-sentence report recommending HD as a sentencing option must include recommendations in respect of post-detention conditions. Note that the recommendation may be not to impose post-detention conditions, but this should be explicit.
Legislative reference: Section 80N Sentencing Act 2002.
HD can be imposed jointly with:
Any pre-sentence report that canvasses or recommends HD as a sentencing option must include an appendix. The appendix provides detailed information about the suitability of the proposed address etc.
Reference: For more information, go to Appendix for Electronically-monitored Sentences/Orders.
HD is targeted at offenders convicted of more serious offences, who have a higher risk of re-offending, and who are otherwise likely to receive a short term of imprisonment (less than two years). This includes offenders who have breached community-based sentences, and who may otherwise be considered for a short prison sentence.
HD should be considered as a potential sentencing option for all offenders in this category, although it will not always be recommended.
Note: The Sentencing Act requires the court to impose the least restrictive outcome that is appropriate in the circumstances. HD is a less restrictive sentence than prison, and must therefore be seriously considered.
Legislative reference: Section 8(g) Sentencing Act 2002.
Note: In order to impose a sentence of home detention the court must be satisfied that:
Legislative reference: Section 15A Sentencing Act 2002.
If the Department of Corrections does not operate HD in the area the offender proposes to live, then no further investigation of that address is required. The offender should be encouraged to identify an alternative address in an area where HD is available.
Note: HD is available in areas within one hour's travel of most service centres. Exceptions are some rural service centres. If you are unsure whether or not home detention is available at the proposed address, check with your service manager or with the operations help desk.
When considering whether HD is an appropriate sentencing option, probation officer must consider all available information. This is canvassed in detail in the appendix.
For more information, go to Appendix for Electronically-monitored Sentences/Orders.
A summary of the issues to consider includes:
A probation officer must identify all relevant occupants at the proposed HD residence.
All relevant occupants must give their informed consent for the offender to serve a sentence of home detention at the HD residence. This must be confirmed in the pre-sentence report.
If an offender is proposing to move into a Housing New Zealand property where they are not the tenant, for three months or more, the tenant must obtain permission.
Housing New Zealand tenants must obtain written approval from Housing New Zealand for anyone to live with them for three months or longer.
The probation officer must check if the teancy agreement was granted after 22 February 2010. if it was, the probation officer must request a copy of the written approval from Housing New Zealand for the offender to live at that address.
It is the responsibility of the tenant to obtain a copy of the tenancy agreement and/or permission fom Housing New Zealand for an offender to reside at the address.
The proposed residence must be suitable for EM of the offender. This must be confirmed in the pre-sentence report.
Offenders will be required to wear an ankle bracelet at all times. This will be used to confirm the offender's presence at the residence, or other approved location.
Compliance with the requirement to be at the residence, or another approved location, will be monitored actively. Any non-compliance will be detected and responded to immediately.
Long HD sentences (significantly more than six months) should only be imposed in exceptional circumstances. Experience has shown that the offender's ability to maintain compliance with the conditions of HD reduces in very long sentences.
Post detention conditions can be imposed if it is necessary (e.g. for the completion of a rehabilitation programme) appropriate (e.g. because of the severity of offending, or risk of re-offending) to continue to monitor the offender for a longer period.
HD commences on the date it is imposed, unless the court defers the start date. The pre-sentence report may include a recommendation to defer the start date if the offender has to travel a long way from court to the home detention residence.
Arrangements will be made for EM to be installed on the day of sentencing, if HD is imposed. The pre-sentence report must include a recommendation for a special condition specifying any recommended variation from the standard wording - which requires the offender to return home immediately.
The court may defer the start date of a sentence of HD for up to 2 months:
Legislative reference: Section 80W Sentencing Act.
Probation officers may recommend deferral on the grounds that deferral is in the interests of justice if it is necessary because:
When recommending deferral on these grounds, the probation officer must recommend the minimum period required to enable the sentence to be established.
Note: The offender will be on bail from the date of sentencing until the date on which HD commences, and must remain at home at all times (unless otherwise authorised by the probation officer) after the last day of the deferment until the end of the HD period.
Legislative reference: Section 39A(3) Bail Act 2000.
Copyright © Department of Corrections | Feedback and queries email: webmaster@corrections.govt.nz