About Absences

Introduction

This topic outlines information about absences, and the absences that are available on sentences/orders involving EM.

Note: Pursuant to section 15(3)(f) of the Parole Act 2002, absences are not available to offenders subject to EM (but not RR) on:

• parole, or
• extended supervision.

Definition: absences

Consult the table below for a definition of absences in relation to an offender's sentence/order.

Types

There are two types of absences available to offenders subject to HD or RR special conditions:

• emergency absences that do not require the prior approval of the probation officer, and
• approved absences that require the prior approval of the probation officer.

Home detention

Offenders subject to HD are permitted to leave the HD residence:

• to seek urgent medical or dental treatment
• to avoid or minimise a serious risk of death or injury to the offender or any other person
• with the approval of the probation officer, to:
  • comply with any special condition
  • seek or engage in employment
  • attend training or other rehabilitative or reintegrative activities or programmes
  • attend a restorative justice conference or other process relating to the offender's offending
  • carry out any undertaking arising from any restorative justice process, or
• for any other purpose specifically approved by the probation officer.

The probation officer may also authorise absences for up to 4 hours a day without a specified purpose if the offender:

• is subject to a HD sentence of 6 months or more
• has served at least three quarters of their sentence, and
• has complied with the requirements of the sentence and progressed to phase 3.

Reference: For more information about approving these absences, Volume 2, Part 2, Section a, Unspecified Absences. (please refer to the related links section on this page)

Legislative reference: Section 80C Sentencing Act 2002.

RR at all times

Offenders subject to parole or extended supervision with RR requiring them to be at the residence to which RR relates at all times, are permitted to leave the residence:

• to seek urgent medical or dental treatment
• to avoid or minimise a serious risk of death or injury to the offender or any other person
• for humanitarian reasons approved by a probation officer
• with the approval of the probation officer, to:
  • comply with any special conditions
  • seek or engage in employment
  • attend training or other rehabilitative or reintegrative activities or programmes
  • attend a restorative justice conference or other process relating to the offender's offending
  • carry out any undertaking arising from any restorative justice process, or
• for any other purpose specifically approved by the probation officer.

Legislative reference: Section 33 Parole Act 2002.

RR at times specified by the NZPB

Offenders subject to parole or extended supervision with RR requiring them to be at the residence to which RR relates at times specified by the NZPB, are permitted to leave the residence:

• to seek urgent medical or dental treatment
• to avoid or minimise a serious risk of death or injury to the offender or any other person, or
• for humanitarian reasons approved by a probation officer.

Legislative reference: Section 33 Parole Act 2002.

EM on parole or extended supervision

If an offender is subject to EM on parole or extended supervision pursuant to section 15(3)(f) of the Parole Act 2002 and they leave the residence during a period when they are required to be there, this must be dealt with as an instance of non-compliance.

The key task is to determine whether the offender:

• had a reasonable excuse for leaving the residence during a curfew, and
• failed to comply with a special condition of their parole or extended supervision.

Examples:

• Leaving the residence to seek urgent medical attention following a serious accident may be considered a reasonable excuse and therefore no enforcement action needs to be taken.
• Leaving the residence to buy milk is not a reasonable excuse and therefore appropriate enforcement action should be taken.

Reference: See Volume 2, Part VII, Non-compliance and Enforcement for information about determining non-compliance and the appropriate enforcement action to take when an offender fails to comply with an EM special condition of parole or extended supervision. (please refer to the related links section on this page).