New Zealand Acts

CORRECTIONS ACT 2004 - SECT 62

62 Temporary release from custody or temporary removal from prison

1 This section applies to every prisoner who is a member of a class of prisoners specified in regulations made under this Act as a class of prisoners who may be—

a) temporarily released from custody under this section; or

b) temporarily removed from prison under this section while remaining in custody under the control or supervision of an officer, staff member, or probation officer during the period of removal.

2 The chief executive may give authority for the temporary release from custody or temporary removal from prison of a prisoner to whom this section applies—

a) for any purpose specified in regulations made under this Act that the chief executive considers will facilitate the achievement of 1 or more of the following objectives:

i) the rehabilitation of the prisoner and his or her successful reintegration into the community (whether through release to work (including self-employment), to attend programmes, or otherwise):

ii) the compassionate or humane treatment of the prisoner or his or her family:

iii) furthering the interests of justice; or

b) in any circumstances that, in the opinion of the chief executive, are exceptional and that will facilitate the achievement of 1 or more of the objectives described in paragraph (a).

3 In exercising the powers conferred by subsection (2), the chief executive must consider—

a) whether the release or removal of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside the prison:

b) the extent to which the prisoner should be supervised or monitored while outside the prison:

c) the benefits to the prisoner and the community of removal or release in facilitating the reintegration of the prisoner into the community:

d) whether removal or release would undermine the integrity of any sentence being served by the prisoner.

Note: 1954 No 51 ss 21(1), 21A(1)–(4), (6), (7)