Considering the Need for Special Conditions

As part of the ES special conditions report, consideration should be given to whether the standard conditions are sufficient or whether there is a need for special conditions to mitigate risk.

The standard conditions

The standard conditions of ES are:

(a) The offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after commencement of the extended supervision order.

(b) The offender must report to a probation officer as and when required to do so by a probation officer, and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so.

(c) The offender must obtain the prior written consent of a probation officer before moving to a new residential address.

(d) If consent is given under paragraph (c) and the offender is moving to a new probation area, the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area.

(e) The offender must not reside at any address at which a probation officer has directed the offender not to reside.

(f) The offender must obtain the prior written consent of a probation officer before changing his or her employment.

(g) The offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage.

(h) The offender must take part in a rehabilitative and re-integrative needs assessment if and when directed to do so by a probation officer.

(i) The offender must not 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.

(j) The offender must not associate with, or contact, a victim of the offender without the prior written approval of a probation officer.

(k) The offender must not associate with, or contact, any person or class of person specified in a written direction given to the offender for the purposes of this paragraph.

Legislative reference: Section 107JA Parole Act 2002.

Note: For offenders made subject to ES orders prior to 1 October 2007, the standard ES conditions are the same as the standard release conditions set out in section 14 Parole Act 2002.

When standard conditions are sufficient

The standard conditions of ES allow for a measure of oversight that may be adequate in some situations.

The standard conditions may be sufficient for an offender who:

• presents no additional risk factors which would need to be addressed through special conditions
• whose behaviour in the community over a significant period has been such that the probation officer and psychologist view that the risk of re-offending is appropriately mitigated
• has complied with all the parole conditions, and
• has completed treatment.

Process when recommending no special conditions

When considering and recommending no special conditions, follow the usual ES report writing process.

Reference:  ES Report and Application Process.

Once the report is finalised, retain the original report on the offender's file and send a copy to the ES operations adviser at the CPPS head office.