Recommending Special Conditions on Home Detention

Special conditions

It is anticipated that many offenders on HD will have multiple special conditions, usually including at least one relating to programmes or other treatment/interventions.

There are also a number of standard detention conditions that apply to HD, and address the nature of the sentence (EM, authorised absences etc).

Legislative references: Sections 80C to 80E Sentencing Act 2002.

What can be imposed

The full range of special conditions is available. These include:

• attendance at residential programmes, and
• judicial monitoring

Note: Judicial monitoring can be indicated in the body of the report but it should not be a recommendation or special condition.

What cannot be imposed

The legislation provides that the following special conditions cannot be imposed under a sentence of HD:

• requirements to make any financial payment (fine, reparation etc), and
• requirements to do work that could be done under a sentence of CW.

Legislative reference: Section 80D Sentencing Act 2002.

Programmes related special conditions

Offenders serving a sentence of HD may have special conditions to attend any one or more of the following:

• a residential programme (e.g. alcohol and drug treatment, or a community residential centre)
• a Departmental programme (i.e. MIRP)
• a programme to address sexual offending against children
• multiple community based programmes (alcohol and drug counselling, family violence programmes).
• training in (BWLS)
• any programme (that is not residential)
• counselling, and
• assessments.

Legislative reference: Section 80D Sentencing Act 2002.

Needs that can be met without a special condition

Probation officers can assist offenders on a sentence of HD to meet some re-integrative and cultural needs, without a special condition being imposed.

The pre-sentence report should record needs identified during the assessment process, even if a special condition is not recommended.

Available services/programmes include:

• Tikanga Maori programmes (to be eligible offenders must identify as Maori and indicate a willingness to attend), and
• reintegrative services such as assistance in obtaining employment or accommodation, budgeting skills etc (probation officers will facilitate access to relevant community based services).

Addressing low or no motivation

Probation officers will be trained to address low motivation in offenders on HD, and to encourage the offender to maintain their motivation while waiting for a programme to commence and during the programme. Programmes such as Tikanga Maori programmes can also be used to increase motivation.

Some community based programmes (particularly AOD counselling and DVA programmes) are designed to address low motivation/minimal acknowledgement of the need for a programme.

HD may therefore be an appropriate sentencing option for offenders with low motivation to address identified needs. A recommendation for post-detention conditions should also be considered, in order to provide for the offender to participate in a programme after motivational work has been completed during the HD period.

HD may also a suitable sentencing option if there is significant concern that motivational work will not be sufficient to engage the offender in a rehabilitation programme. In these circumstances the HD sentence will be designed and managed as a punitive sentence, with few if any interventions provided.

Medium intensity and short rehabilitation programmes

Offenders on HD may be eligible to attend a medium intensity or short rehabilitation programme (MIRP or SRP).

For details of eligibility, referral criteria etc, go to  Special Conditions Relating to Medium Intensity and Short Rehabilitative Programmes.