General Requirements for Approved Absences

Introduction

This topic outlines the general requirements for approving an absence.

Notes:

• Absences may not be approved for offenders subject to EM on parole or extended supervision pursuant to section 15 of the Parole Act 2002.
• Only humanitarian absences may be approved for offenders subject to parole with RR requiring them to be at home at times specified by the NZPB.

Monitoring approved absences

Regardless of the phase of the offender, all approved absences from the home must be:

• monitored in some way, and
• in accordance with the guiding principles for approved absences.

Exception: Absences without a specified purpose approved for offenders subject to HD do not need to be monitored.

Guiding principles for approving absences

Absences should only be approved if all of the following apply:

• The absence meets legislative requirements
• The absence is consistent with the business rules for the sentence/order and the phase the offender is in.
• The absence will contribute towards the achievement of the offender plan objectives.
• The absence will not undermine the integrity of the sentence/order.
• The absence has been requested by the offender at least one working day in advance, except in a genuine emergency situation.
• The location of the offender during the absence is able to be reliably confirmed, either during the absence or in retrospect (except for absences approved without a specified purpose for offenders subject to HD).

Absences should be kept separate. This means that the offender should return home between approved absences.

Example: If an offender has an approved recreational absence after work, they should return home before undertaking the recreational absence.

Absences should be approved for the minimum time required to undertake the task or outing.

Hours and location

All approved absences, with must be:

• at a single location (unless GPS monitoring has been approved), and
• between the hours of 7am and 9.30pm (with the exception of employment).

This means that the offender must be home by 9.30pm.

Overnight absences

Overnight absences will only be permitted in exceptional circumstances.

Employment

Where possible offenders should be encouraged to seek/undertake employment while subject to their sentence/order. Employment should be discussed with the offender prior to sentencing or release for HD/RR.

Employment like all other absences must be monitored and therefore some types of employment are not suitable. These include employment involving multiple locations or travel, e.g. truck driving.

Where possible consideration should be given for installation of a second home (monitoring) unit at the offender’s place of employment for monitoring purposes.

Note: GPS may be available in exceptional circumstances to monitor employment.

Reference: Volume 2, Part V, Chapter 2, Section 2c, GPS Monitoring. (please refer to the related links section on this page)

Employers will need to be advised:

• that the offender is subject to EM, and
• of the requirements for monitoring.

Other examples of monitoring employment are via:

• an agreement with the employer that the offender will be constantly supervised
• probation officer random checks, or
• manual monitoring by the security company.

Attendance at funeral or tangi

Attendance at funerals and tangi will require the offender to be accompanied by an approved sponsor while in phases 1 and 2. Where possible, the sponsor should be contactable during the absence.

Reference: See Volume 2, Part V, Chapter 2, Section 2c, Confirming Approved Absences for the definition of an approved sponsor. (please refer to the related links section on this page)

Required details

Before any absence is approved, the offender must provide the probation officer with:

• the exact location of where they want to go
• the travel route and any travel requirements
• the purpose of the absence
• the duration of the absence
• a contact telephone number (where possible) (Note: The contact phone number should not be a cellular phone), and
• the name of any approved sponsor and contact details.

Exception: The offender is not required to provide these details if they are requesting an absence without a specified purpose while subject to HD.

When service manager approval is required

Service manager approval on a case-by-case basis is required where the absence:

• is outside of the hours of 7am to 9.30pm unless for the purpose of employment
• is overnight
• is for a funeral or tangi only where the offender will be with an approved sponsor only during phases 1 and 2
• is for a family, social, or recreational event of more than four hours
• is for a compassionate absence outside of prescribed business rules
• has potential for negative public or media attention, or has the potential to put into question the integrity of HD (e.g. licensed premises, public events, etc.)
• does not meet with the guiding principles or business rules in some other way, or
• is requested on humanitarian grounds.

Reference: Volume 2, Part V, Chapter 2, Section 2a, Approved Absences on Humanitarian Grounds. (please refer to the related links section on this page)

Note: Where service manager approval is required and given, service managers should sign the Direction Notice for Approved Absences, instead of the supervising probation officer.

Direction Notice for Approved Absences

The probation officer must complete and issue a Direction Notice for Approved Absences for each absence.

Exception: In the case of work or programmes, one notice that covers the entire period (e.g. Monday to Friday 7.30am to 5.30pm) can be issued.

Travelling time must be included and the form signed by the offender.

A copy of the notice must be kept on the offender’s file.

Offender to carry documents

The offender must carry the following documents with them during any absences:

• signed Direction Notice for Approved Absences, and
• a copy of their sentence/order licence.

These must be produced for inspection, if requested, by police or a probation officer. Failure to produce the sentence/order licence when requested may result in the police charging the offender for breach of conditions.

Advising the monitoring company

The monitoring company must be advised of all absences:

• in writing
• during business hours, and
• at least one working day prior to the absence occurring.

Exception: In a genuine emergency situation, the minimum notification is one hour.

To advise the monitoring company, use either an:

• Electronic Monitoring Weekly Curfew Schedule form (EMF01), or
• Electronic Monitoring Temporary Curfew form (EMF02).

Record-keeping

If a request for an absence is made, then the following information must be recorded in IOMS:

• details of the request
• whether the request was approved or declined
• reasons for the decision
• if approved, how the approved absence will be monitored or confirmed, and
• the date, time, location and purpose of the approved absence.