Other Changes

Introduction

This section provides information and guidelines to assist the probation officer when any other change in circumstances is identified.

Special conditions no longer appropriate

When the offender has a special condition which is no longer appropriate due to a change in circumstances, the probation officer may consider an application to cancel/discharge the condition.

Examples:

• The offender is subject to electronic monitoring (EM) (parole or extended supervision) and this is no longer considered necessary to manage the offender???s risk.
• The offender is unable to complete a special condition due to illness or injury, but is complying with all other conditions of the sentence.

In some circumstances it will be more appropriate for the offender to make an application to cancel/discharge a special condition.

Example: A victim wishes to resume their relationship with the offender, but the offender is subject to a condition requiring non-association with the victim.

Additional special conditions - programmes

Additional information obtained by the probation officer post sentence/release may identify further needs which should be addressed by way of an additional special condition.

Examples:

• Post sentence assessment indicates that the offender has developed significant substance abuse issues since the pre-sentence/pre-release report was completed.
• Alcohol and other drug (AOD) assessment identifies that the offender needs to address addiction issues before undertaking a specified rehabilitation programme.
• Relevant current medical assessment identifies a need for psychological assessment/treatment.

Note: In these situations, it is the responsibility of the probation officer to make an application to the court/NZPB for a variation seeking an additional condition to address the identified issue, if a variation is considered necessary.

Additional special conditions -managing risk

Where there is a change in the behaviour or circumstances of the offender which indicates an increased risk of further offending, the probation officer should consider an application for an additional special condition to manage that risk.

Examples:

• A child sex offender has begun frequenting parks/playgrounds - an additional special condition is sought requiring the offender not to go to any park or playground.
• An offender who is a recidivist burglar with a history of offending at night has been seen by police late at night in residential areas when there has been no valid reason for him to be there - a condition requiring electronic monitoring is sought.