The following table summarised key features of the assessment process detailed explicitly in legislation in some jurisdictions and established in departmental policy and practice for others. These key features are similar for front-end and back-end HD in those jurisdictions operating both types of schemes and are dealt with together in the table below.
Effective risk assessment is cited as a critical success factor and documented as a good practice feature in the international research and practice literature, although common core features are not explicitly cited for detainees (with the exception of co-resident safety and wellbeing considerations, especially in relation to domestic violence, in some reports). Careful and effective assessment of the offender’s relationship with the family, including risk of harm to family members, were identified by two program managers as critical success factors.
Comparison:
The decision on the suitability of making an HD order in each individual case is informed by a formal assessment process resulting in an assessment report to the decision-making body prepared by officers in all jurisdictions. However, jurisdictions vary in the extent to which it is mandatory that the decision-making body take into account the outcomes of this assessment (see previous section) and to which the content and process is legislatively prescribed (see second table below). NSW, Victoria, ACT and NZ legislation explicitly details the type of information that must be included in the assessment report. Jurisdictions also vary in the timing of assessment within the sentencing process and in policy standards applied to the length of time taken to produce an assessment report.
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assessment tools and specified information sources * |
timing and location |
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NSW 1 |
LSI-R used generally for offender assessments, including for home detention information sources: offender criminal history including current warrants and Apprehended Violence Order history; co-resident offending history; Child Protection Unit for safety check if children under 18 in household |
suitability assessment is requested after sentencing; referral for assessment stays execution of sentence; assessment requested while client located in prison system; courts can remand or bail during adjournment for assessment recommended that courts should allow 3 weeks for assessment; initial interviews with offender and co-residents to occur within 1 week |
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Vic |
Corrections Victoria risk assessment tool used information sources: detainee criminal history; police check for pending charges; offending history of proposed co-residents (where appropriate); if co-resident children aged under 17, child protection check in accordance with the interagency protocol between Department of Human Services and Home Detention Unit; investigation of all available documents and files as well as ongoing communications and assessments with the offender, their family, consultations with key service providers and/or other identified supports and authorities
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referral for assessment stays execution of the sentence until a determination has been made; courts may remand the offender in custody or allow bail during the adjournment period (suggested in policy documents that Courts consider imposition of additional bail conditions if releasing an offender on bail during the assessment period) if bail is granted, assessment to occur as soon as practicable, preferably in the first instance at the offices of the Home Detention Unit; if in detention, assessment occurs at the prison location; co-residents must be interviewed independently from the offender in an environment that is considered safe and promotes confidential and frank discussions 2 recommended court/Parole Board allow four weeks in normal circumstances; initial interviews with offenders and coresidents must be completed within one week of the receipt of the assessment request and initial contact is to be made with co-residents within 48 hours, report within 28 days
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Qld |
Offender Risk Need Inventory (Revised) conducted at start of prison term provides basis for assessment information sources: custodial/court files with information on the offence, criminal history, previous case files, interviews with prisoner, significant others, agencies that have had contact with the prisoner in custody, staff |
prisoners are encouraged to submit applications 90 days in advance of release eligibility date, if not received 90 days in advance no more than 60 days may elapse before application is submitted to the board |
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SA |
checklist tools used include Victim Check, Home Visit Hazard Assessment and Residence Assessment for every residence/intended residence but no specific structured assessment tool for offender risk assessment information sources: Justice Information System, Victims Service Unit advice/comment, Warrant/ Apprehension Reports, firearms check, Intel information from DCS/SAPOL, prisoner’s Aboriginal Liaison Officer |
HD Evaluation Report to be completed within 6-8 weeks of receipt of an eligible HD application; fast-track process (may be applied to prisoners with under 6 months sentence left to serve): report applications to be completed within 3 working days |
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ACT |
LSI-R used generally for offender assessments, including for home detention information sources: offence records (excluding the alleged offence in the case of remandees), ACT Magistrate’s Court history regarding protection orders, departmental files/records, LSI-R or any other risk assessment tools administered, victim impact statements, interviews with applicant, proposed co-residents, family members and relevant others; may ask any entity for information and the entity must comply promptly 3 if the assessment process reveals that a detainee will have regular contact with children, young people, people with disabilities or people who may not be able to give informed consent, there will be consultation with an agency that has statutory responsibility, or who can advocate for such people; Family Services must be consulted where there are children residing in the proposed residence on a casual or permanent basis. |
a request for an Assessment Report does not stay the execution of a sentence nor does it affect the order for remand; at any time a sentenced offender or remandee can apply to be assessed for HD, the court will determine whether the application meets criteria for assessment, and if so, may order it to be undertaken and the applicant remains in custody while the assessment is done interview with applicant to be arranged within 48 hours of request for assessment; report to be completed within two weeks |
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NT |
HD suitability checklist used in preparing a report, may take into account the views of those members of the community who may be affected by the making of the order 4 information sources: list of prior convictions, pr?cis, etc, welfare check, IJIS check for any Domestic Violence Orders, HD Firearms Check to Police Central Firearms Registry |
no time standards explicitly stated in policy documents |
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NZ 5 |
standard assessment checklist included as part of assessment report information sources: sources: presentence report, up to date convictions list, sentencing notes, specialist reports, offender’s prison file, and up to date risk/needs assessment; criminal history check on all co-residents over 18; child services if children at the residence; interviews with all residents aged over 18 |
where the sentencing Judge defers the commencement of the sentence of imprisonment for the preparation of an HD report, the offender returns to the home address and is required to make an application for HD within two weeks for long-term determinate prisoners, the prison confirms the offender’s eligibility and willingness to apply about five months before HD eligibility date, Board schedules a hearing and requests a report, Probation Officer interviews the offender at the prison report must be forwarded to the Board within 10 working days |
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report content |
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NSW |
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Vic |
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Qld 6 |
if participating in electronic monitoring trial must consider:
reports to accompany application: Assessment Unit report, criminal history, official summary of offences, transcript of sentence of relevant convictions for which currently convicted, breach/incident history, home assessment report (which includes information about resident consent), program participation report, prisoner submission/documents, psychiatric/psychological reports |
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SA |
report writers are to consider
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ACT |
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NT 7 |
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NZ |
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* refers to information sources made explicit in policy and procedures documentation; does not necessarily represent the full range of sources used in practice.
1 NSW: the assessing officer must explain the concept of informed consent of the offender and co-residents and the impact this will have on the assessment outcome; the co-residents must be offered the opportunity to discuss the matter with the assessing officer privately children under the age of 18 years should be consulted wherever practical and their wishes also documented within the assessment report.
2 Vic: some part of the interview should be conducted in the presence of the offender where this is both feasible and appropriate, so the family or co-resident dynamics may be observed; the interview should include any children who will be residing with the offender and consideration should be given to their views - giving due regard to the age of the child.
3 ACT: requirement for prompt provision of information from entity is provided for in the legislation.
4 NT: legislative provision
5 NZ: relevant occupants’ consent should be gained without the offender being present - this may not be possible if the commencement of the sentence of Imprisonment has been deferred or if the offender is on home leave at the time and therefore Probation Officer should be alert for any signs of the offender pressuring the relevant occupant to give consent and note any such instances in the assessment report.
** explicitly prescribed by legislation
6 Qld: based on generic assessment process for imprisonment and post-prison release orders.
7 NT: refers to content of the Home Detention Assessment Order Report (Form 1) provided as appendix 6E in policy documentation; more detailed information is set out in the Suitability Check – Home Detention (Form K) at appendix 6S including welfare check of child abuse or domestic violence, prior criminal history including previous HD order breach, medical history including prescribed drug use, substance abuse, attitude and motivation, residential suitability assessment on a range of factors, whether co-residents are agreeable to the order and willing to accept surveillance checks and surrender any firearms in their name held at the residence, defendant employment/training information including employer agreement to surveillance checks and information provision.