D. Managing Offenders Subject to HD Order Transitional Section

Introduction

The following section outlines the transitional processes for managing offenders subject to an order for home detention (HD). HD orders are imposed by the New Zealand Parole Board (NZPB) as a means of serving a sentence on imprisonment.

From 1 October 2007 HD orders are replaced by HD sentences and residential restrictions (RR) on parole.

Reference: For detailed instructions on managing HD orders see 2004 CPS operations manual Volume 2, Part 4, Chapter 2, Section 2A Managing Home Detainees. (Please refer to the related links section on this page).

Offenders subject to transitional management

The following instructions apply to offenders who were:

• serving a HD order as at 1 October 2007, and/or
• given leave to apply for HD by the court before 1 October 2007, including those:
  • in prison, and
  • whose sentence has been deferred.

Orders and sentences

Under the existing legislation, all offenders on HD (front end and back end) are serving a sentence of imprisonment by means of an order for HD. The order for HD is granted by NZPB, and the offender can be recalled to prison by the NZPB.

Under the new legislation, offenders may serve a sentence of HD that is imposed by the court. There is no back end HD, although the NZPB can continue to impose similar conditions by means of an order for parole with RR.

When law changes take effect

Sections of the Sentencing and Parole Amendment Acts relating to the management of offenders serving a sentence or order in the community will take effect from 1 October 2007.

Unless explicitly stated otherwise, the new provisions apply only to offenders sentenced after 1 October.

However, many of the changes being introduced from 1 October are administrative (policy and procedure) changes. Where these changes do not rely on a new provision in the legislation, they can and will be applied to existing offenders.

In order to ensure consistency, the following sections provide information about the implications of the legislation for offenders who will already be on strength as at 1 October.

Sentence management ??? significant differences

There are a number of significant differences between the current HD order and the new HD sentence.

Examples of these differences include the following:

Importance of correct legislation

The risks associated with incorrectly applying the legislation to offenders who may otherwise be serving a short prison sentence are significant.

If in doubt about which legislation applies to a particular offender, discuss with your service manager or contact the operations help desk for advice.

Managing HD orders

Offenders serving a HD order (front end or back end) will be managed in the same way as HD is currently managed. This includes the continued use of the HD regimes and phases.

Parole eligibility

Back end HD commences no more than two months before the offender???s parole eligibility date (PED).

NZPB considers a parole assessment report for each offender on back end HD every three months.

All offenders on back end HD are therefore eligible for parole by the time of their first hearing.

Offenders who will not be considered again by the NZPB before the end of their HD order (and the commencement of any subsequent parole order) will continue to be managed under the old HD regimes until the end of their HD order.

Transition from back end HD to parole

The NZPB will be asked to transition all offenders on back end HD to parole (with full RR if appropriate), when considering their next parole assessment report.

Offenders will remain on the current HD regimes until the NZPB hearing.

Transition offenders from back end to parole

All offenders expected to transition from back end HD to parole with RR will have completed at least three months of their HD order (as the transition will only be made on or after the first parole hearing).

It is therefore not considered appropriate that any offenders will transition to phase 1 of the new sentence management regime.

The table below outlines management arrangements for offenders transitioning from back end (HD) orders to parole.

Planning for transition

Probation officers should work with the offender prior to the Parole Board report, to plan and prepare for the possibility of transitioning to the new arrangements.

Service managers are authorised to transition offenders from phase 3 of the old regime to phase II of the new regime:

• if they consider this will assist the smooth transition, and/or
• because it is considered appropriate for the safety of the offender or any other person.

Informing offenders of reporting requirements

It is particularly important that offenders are made aware of the requirement for them to visit the office to comply with regular reporting requirements, when they transition to parole (including parole with RR).

If a probation officer has concerns about the impact of the less frequent contact with an offender expected to transition to the new phase III, this should be discussed with their service manager.

Terminating a HD order

It will be necessary to transition the offender to an appropriate sentence management regime under the new order if the NZPB :

• agrees to terminate a HD order, and
• the offender to an order for parole with RR.