Recommending Residential Restrictions

This topic provides guidance on recommending RR as a special condition.

When to recommend RR 

RR may only be recommended if the:

• offender has been made aware of, understands and agrees to comply with RR
• relevant occupants of the proposed RR address consent to the offender residing there in accordance with RR
• proposed address is suitable for the purposes of RR
• address is in an area where the chief executive operates a RR scheme
• safety and welfare of the relevant occupants will not be compromised
• probation officer believes that RR is necessary to mitigate the risk to the community and/or risk of re-offending posed by the offender
• offender’s reintegration and rehabilitation would be assisted by RR.

Factors to consider

In deciding whether it is appropriate to recommend RR as a special condition of parole, the probation officer should consider the following questions:

• Is the safety of the community enhanced by this offender being on RR?
• What is the length and seriousness of offender’s offending history?
• Are there any identifiable patterns to their offending that RR could address?
• What is the nature and seriousness of the current offence/s?
• What is this offender’s risk of further offending and the likelihood that RR may prevent this?
• Would RR assist to minimise any impact on victims of this offender’s release?
• Is RR compatible with other special conditions and the overall release proposals?
• Would the offender’s rehabilitation and reintegration be assisted with RR?
• What is the offenders ability to comply with RR?
• How has this offender responded to previous sentences and orders (especially involving EM)?
• What was the offenders behaviour and attitude in prison (especially with regard to misconducts and identified drug user status?
• What is the nature and suitability of the proposed accommodation?
• How suitable are the relevant occupants?

Reference: For information on wording for special conditions for RR see Wording of Special Conditions.

Determining appropriate period and nature of RR 

Probation officers must make RR recommendations that allow for the management of an offender’s risk in the least restrictive way (ie, if an offender’s risk can be managed by curfew only, then this should be recommended instead of RR all the time).

RR should not be recommended for a period any longer than that considered necessary to manage the offender’s risk.

Consideration must also be given to the transitioning of offenders from more restrictive parole with RR to less restrictive parole. An offender will generally respond more favourably to a gradual transition in restriction than to sudden changes in restriction. This is especially the case for offenders who have spent a considerable period of time in prison.

However, transitions to less restrictive regimes should not be recommended arbitrarily, based solely on the passage of time.  Changes to regimes should be based on current information about risk of harm and reoffending, which is not available at the outset of a parole order.   There are two mechanisms available to seek changes to special conditions - an application to the NZPB or at a progress hearing. 

Example: For an offender who has been sentenced to 6 years imprisonment, it may be appropriate to recommend RR requiring them to be at home at all times for three months, then to move them to RR requiring the offender to be at home at specified times (curfews) for 6 months and then move them to parole without any RR.

If RR not recommended 

If RR has been canvassed but a decision has been made not to recommend RR as a special condition of parole, the probation officer must still prepare the RR appendix and include proposed RR conditions. This will allow the NZPB to impose RR, should they wish to without the need to adjourn the hearing.