What is Community Detention?

Introduction

This topic provides a definition of community detention (CD), and the conditions, restrictions, specifications, and sentences taken into account when a CD sentence is imposed.

Definition

CD is a third tier community based sentence that requires an offender to comply with specified curfews, which are electronically monitored.

CD may be imposed by the court for a term of up to 6 months. Any curfews imposed must not be for a period of less than two hours, and the total curfews for a week may not be more than 84 hours.

If a court imposes a sentence of CD, it must specify the curfew period and the curfew address along with the date of the first curfew, and how long the sentence will last for.

Before imposing CD

Before imposing a sentence of CD, the court must be satisfied that the:

• curfew address is suitable
• relevant occupants understand CD and consent to having the offender remain at the address subject to curfew
• offender understands the conditions of CD and agrees to comply with them, and
• proposed curfew address is an area where CD is operated.

Cumulative sentences

A court may impose cumulative sentences of CD.

The total term of any cumulative sentences of CD must not be more than 6 months.

Combined sentences

CD may be imposed together with another sentence/sentences.

This may include one or more of the following sentences:

• fine
• reparation
• community work, and
• supervision or intensive supervision (but not both).

Conditions of CD

The following standard conditions apply to all offenders subject to CD. The offender must:

• submit to electronic monitoring (EM)
• carry his or her curfew order at all times
• remain at the curfew address at all times during a curfew period, unless they need to leave the address to:
  • seek urgent medical or dental treatment, or
  • avoid or minimise a serious risk of death or injury to themselves or any other person, and
• report to a probation officer within 24 hours of sentence (unless the 24 hours elapse on a weekend or public holiday, in which case the offender must report the next working day) and as and when required to do so by the probation officer (or a senior community work supervisor with probation officer delegations).

There are no special conditions for a CD sentence.

Electronic monitoring

All offenders subject to community detention will be electronically monitored.

Offenders are fitted with EM equipment (anklet) and an electronic boundary is set around the curfew address. The EM company makes a record of all instances where the offender steps outside of this boundary and reports this to CPPS, usually on the next working day.

Monitoring compliance with CD

Monitoring of compliance with CD is done in real time, but is not reported in real time. Instead, it is reported to the probation officer retrospectively. This is because there is no requirement to provide an immediate response to monitoring violations.

The EM company will provide CPPS with a CD EM notification by noon the following day, which will report on the offender’s compliance and any issues with the equipment on the previous day for the period of 8am to 8pm.

Note: A CD EM notification is provided to CPPS staff only if there are issues around compliance and/or equipment.

The probation officer or senior community work supervisor will read the CD EM notification and investigate any compliance or equipment issues that may have arisen.

Reference:  For more information about reading and investigating the CD EM notifications see the Technical Guide for Community Detention on Corrnet.

Emergency absences

An offender subject to CD may leave the curfew address during a curfew period without prior authorisation in an emergency situation only.

All emergency absences must be verified by the supervising CPPS staff member as soon as possible after the emergency.

Reference: For more details see part III, chapter 2, the topic Emergency Absences.

Authorised absences

An offender subject to CD may leave the curfew address during a curfew period with the prior approval of the service manager on humanitarian grounds.

If an offender is serving a sentence of supervision or intensive supervision together with CD, then the probation officer may also approve absences:

• for employment, training, rehabilitative or reintegrative activities, or
• to attend a restorative justice conference and any undertakings arising from such a conference.

Reference: Part III, chapter 4 Authorised Absences.

Changing the curfew address

Only the court may approve a permanent alternative curfew address.

However, if an application is made to the court to vary the curfew address, then the service manager may approve a temporary change of curfew address pending the determination of the application. The probation officer or senior community work supervisor has five working days to lodge an application for variation of the curfew address.