Preparation and Notification Prior to Start of Electronically Monitored Sentence or Order

Introduction

If an offender is likely to be sentenced or released to an electronically monitored (EM) sentence, there are some steps that have to be taken prior to the start of that sentence or order.

This topic outlines the policies and procedures relating to the notification and preparation steps that have to be taken prior to the start of a sentence or order of:

• home detention (HD)
• community detention (CD), or
• parole or extended supervision with residential restrictions (RR).

Note: It is desirable that the staff member completing the appendix is the staff member who will manage the electronically monitored sentence/order if and when it is imposed.

Pre-sentence tasks for HD and CD

The pre-sentence report (PSR) writer must advise court staff that an offender is being considered for HD or CD when an appendix is completed and submitted to court.

In consultation with the PSR writer, the probation officer who prepared the appendix must:

• for CD, complete a pre-allocation notification (CD8) and forward this to the service manager at the service centre closest to the curfew address, or
• for HD, complete a connection request and advise Chubb to be on standby for a possible EM connection.

Note: It is the responsibility of the staff in the area the offender proposed to reside or remain to organise, and be on standby for, a connection for HD.

Pre-release tasks for parole and extended supervision with RR

The parole assessment report writer or extended supervision (special conditions) report writer must advise relevant staff that an offender is being considered for parole/extended supervision with RR when an appendix is completed and submitted to the parole board.

In consultation with the parole assessment report/extended supervision report writer, the probation officer who prepared the appendix must:

• complete a connection request, and
• advise Chubb to be on standby for a possible EM connection.

Note: It is the responsibility of the staff in the area the offender proposed to reside or remain in to organise, and be on standby for, a connection for parole or extended supervision with RR.

Preparation for possible sentence of HD

A sentence of HD starts on the day of sentencing unless the court defers the start date to another day.

A probation officer will be required to be on standby on the day of sentencing to be ready to meet the offender at their address if sentenced to HD. The monitoring company will also need to be on standby ready to install the equipment on that day.

If the offender is not sentenced to HD, the monitoring company will need to be stood down.

Preparation for possible sentence of CD

A sentence of CD commences on the day of sentencing. However, the pre-sentence report will recommend that the first curfew period does not start until at least three working days after the sentencing date. This allows time for Community Probation & Psychological Services (CPPS) to set up the EM requirements.

The senior community work supervisor/probation officer at the service centre nearest to the offender's proposed curfew address should monitor the sentencing outcome and proceed with EM installation if the offender is sentenced to CD.

Reference: See volume 3B, part II Setting Up a Community Detention Sentence, for more information (Please refer to the related links section on this page).

Preparation for possible order of parole or extended supervision with RR

A parole order with RR commences on the day the offender is released from prison. An extended supervision order with RR commences on the day specified by the New Zealand Parole Board (NZPB).

A probation officer will be required to be on standby on the day of the NZPB hearing, to be ready to meet the offender at their address if an order of RR is imposed. The monitoring company will also need to be on standby ready to install the equipment on that day.

If RR are not imposed, the monitoring company will need to be stood down.

Notification of sentence if HD canvassed

If HD was canvassed, the probation officer in court must:

• immediately contact the CPPS office nearest to where the offender proposed to reside if on HD, and
• advise them that the offender has either:
  • been sentenced to HD, confirming:
    • the HD address
    • what travel arrangements have been made
    • the offender's expected time of arrival, and
    • the availability of the monitoring company, or
  • not been sentenced to HD, and to stand down the monitoring company.

If the offender has applied to be re-sentenced from imprisonment to HD, also advise prison staff (at the court or the receiving officer) of the outcome.

Notification of sentence if CD canvassed

If CD was canvassed, the probation officer in court must:

• contact the CPPS office nearest to the offender's curfew address, and
• advise them that the offender has either:
  • been sentenced to CD, or
  • not been sentenced to CD.

Staff at the CPPS office nearest the offender's curfew address will commence preparations for the ordering and installation of EM equipment if the offender has been sentenced to CD.

Reference: Volume 3B, part II Setting up a Community Detention Sentence (Please refer to the related links section on this page).

Notification of order if RR canvassed

If parole or extended supervision with RR was canvassed, the probation officer at the NZPB hearing (or notified of the result of the hearing) must:

• immediately contact the CPPS office nearest to where the offender proposed to reside if on RR (i.e. the RR residence), and
• advise them that the offender either:
  • will be subject to RR, confirming:
    • the RR address
    • what travel arrangements have been made, and
    • the offender's expected time of arrival, or
  • will not be subject to RR, and to stand down the monitoring company.