New Zealand Acts

SENTENCING AMENDMENT ACT 2007 - SECT 44

44 New subparts 2A and 2B inserted

The following subparts are inserted after section 80 :

Subpart 2A - Home detention

80A Sentence of home detention

1 A court may sentence an offender to a sentence of home detention if—

a) the offender is convicted of an offence punishable by imprisonment; or

b) the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction.

2 A court may sentence an offender to home detention under subsection (1) if—

a) the court is satisfied that—

i) the proposed home detention residence is suitable; and

ii) the relevant occupants (as defined in section 26A(4) ) of the proposed home detention residence—

A) understand the conditions of home detention that will apply to the offender; and

B) consent to the offender serving the sentence in the residence in accordance with those conditions; and

C) have been informed that they may withdraw their consent to the offender serving the sentence in the residence at any time; and

iii) the offender has been made aware of and understands the conditions that will apply during home detention, and he or she agrees to comply with them; and

b) the proposed home detention residence is in an area in which a home detention scheme is operated by the chief executive of the Department of Corrections.

3 A sentence of home detention may be for such period as the court thinks fit, but must not be for less than 14 days or more than 12 months.

4 The court must specify the home detention residence when sentencing the offender to a sentence of home detention.

5 An offender sentenced to home detention is not in custody while serving the sentence.

6 This section is subject to section 80B .

80B Concurrent and cumulative sentences of home detention

1 If a court imposes a sentence of home detention on an offender who is already subject to a sentence of home detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.

2 If a court imposes cumulative sentences of home detention or imposes 1 or more sentences of home detention on an offender who is already serving a sentence of home detention, the total term of the sentences of home detention must not be more than 12 months.

3 Before deciding to impose 2 or more sentences of home detention cumulatively or concurrently, the court must consider the guidance under sections 84 and 85 as if it applied to sentences of home detention.

4 Subject to section 57A , if a court imposes a sentence of community work and a sentence of home detention, or imposes one of them on an offender who is already subject to the other, the sentences must be served concurrently.

80C Detention conditions applying to offender sentenced to home detention

1 An offender who is serving a sentence of home detention is subject to detention conditions comprising—

a) the standard conditions set out in subsection (2) ; and

b) any special conditions that may be imposed by the court under section 80D .

2 The standard conditions for a sentence of home detention are that—

a) the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer; and

b) the offender must not leave the home detention residence at any time except in the circumstances set out in subsections (3), (4), and (5) ; and

c) the offender must keep in his or her possession the order drawn up under section 80ZC and, if requested to do so by a member of the police or a probation officer, must produce the order for inspection; and

d) the offender must, when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions; and

e) the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage; and

f) the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate; and

g) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

3 An offender may leave the home detention residence only—

a) to seek urgent medical or dental treatment; or

b) to avoid or minimise a serious risk of death or injury to the offender or any other person; or

c) with the approval of a probation officer—

i) to comply with any special condition; or

ii) to seek or engage in employment; or

iii) to attend training or other rehabilitative or reintegrative activities or programmes; or

iv) to attend a restorative justice conference or other process relating to the offender's offending; or

v) to carry out any undertaking arising from any restorative justice process; or

vi) for any other purpose specifically approved by the probation officer.

4 A probation officer may approve an alternative residence under section 80H pending determination of an application to vary the residence under section 80F .

5 In addition to absences authorised under subsection (3) , a probation officer may authorise an offender, who has served at least three quarters of a sentence of home detention of 6 months or more, to be absent from the home detention residence for up to 4 hours a day without a specified purpose for any or all days remaining to be served under the sentence.

6 For the purposes of subsection (5) , an offender who is subject to 2 or more sentences of home detention is eligible when he or she has served the longer of—

a) three quarters of the longest of any concurrent sentences of home detention imposed on the offender; or

b) three quarters of the notional single sentence of home detention that is created when sentences of home detention are ordered to be served concurrently or cumulatively.

80D Special conditions of sentence of home detention

1 In addition to the standard conditions that apply under section 80C , the court may, subject to subsections (2), (3), and (7) , impose 1 or more special conditions described in subsection (4) .

2 A court may impose any of the special conditions described in subsection (4) if the court is satisfied that—

a) there is a significant risk of further offending by the offender; and

b) standard conditions alone would not adequately reduce the risk; and

c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

3 A court may only impose a condition of the kind described in subsection (4)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence.

4 The special conditions referred to in subsection (1) or (2) are—

a) any conditions that the court thinks fit relating to the offender's finances or earnings:

b) conditions requiring the offender to take prescription medication:

c) conditions relating to a programme:

d) a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge:

e) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

5 For the purposes of subsection (4) , programme has the same meaning as in section 54H .

6 No court may impose a condition under this section that—

a) the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or

b) the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work.

7 No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—

a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and

b) consents to taking the prescription medication.

8 An offender does not breach his or her detention conditions for the purposes of section 80S if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of home detention under section 80F .

80E Electronic monitoring

1 The purpose of an electronic monitoring condition is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.

2 Information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1) and for the following purposes:

a) to verify compliance with any detention conditions:

b) to detect non-compliance with any detention conditions and the commission of offences:

c) to provide evidence of non-compliance with detention conditions and the commission of offences:

d) to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

80F Application for variation or cancellation of sentence of home detention

1 An offender who is subject to a sentence of home detention, or a probation officer, may apply for an order under subsection (4) on the grounds that—

a) the offender is unable to comply, or has failed to comply, with any detention conditions:

b) any programme to which the offender is subject is no longer available or suitable for the offender:

c) the home detention residence is no longer available or suitable because of a change in circumstances:

d) having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—

i) the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or

ii) the continuation of the sentence is no longer necessary in the interests of the community or the offender.

2 A probation officer may apply for an order under subsection (4) if an offender, who is subject to a sentence of home detention, is convicted of an offence punishable by imprisonment.

3 If an offender is subject to special detention conditions in relation to 2 or more sentences of home detention at the same time, a probation officer must apply for an order under subsection (4)(a) if he or she is satisfied that—

a) any of the special conditions are incompatible with each other; or

b) in light of all the conditions to which the offender is subject under the sentences, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.

4 On an application under subsection (1), (2), or (3) , the court may, if it is satisfied that the grounds on which the application is based have been established,—

a) remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions; or

b) vary the home detention residence; or

c) cancel the sentence; or

d) cancel the sentence and substitute any other sentence (including another sentence of home detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

5 An application under subsection (1), (2), or (3) may be made at any time before or after the sentence commences.

6 Section 72 applies, with any necessary modifications, to an application under this section.

80G Matters relating to orders under section 80F

1 If the court cancels a sentence of home detention under section 80F(4)(d) , the court may at the same time cancel any sentence of community work that the offender is serving concurrently with the sentence of home detention.

2 When determining a substitute sentence under section 80F(4)(d) , the court must take into account the portion of the original sentence that remains unserved at the time of the order.

3 If the court varies a special condition or imposes a new special condition under section 80F(4)(a), section 80D applies.

4 If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.

5 If an application is made under section 80F for the remission, suspension, or variation of any special condition of a sentence of home detention, a probation officer may suspend the condition until the application has been heard and disposed of.

80H Alternative residence pending determination of application under section 80F

1 This section applies if a probation officer or an offender who is subject to a sentence of home detention intends to apply, or has applied, for a variation of conditions under section 80F on the ground in section 80F(1)(c) (which relates to the offender's home detention residence).

2 A probation officer may approve an alternative residence in which the sentence of home detention must be served pending the determination of an application.

3 If a probation officer approves an alternative residence before an application under section 80F has been made, the probation officer must make an application to the court under that section within 5 working days.

4 Subsection (3) does not apply if an offender makes an application under section 80F within the 5-day period specified in subsection (3) .

5 If, in the opinion of the probation officer, there is no suitable alternative residence available and the probation officer has not made an application under section 80F , the probation officer must make an application to the court under that section at the earliest opportunity.

80I Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases

1 This section applies if—

a) a court has sentenced an offender to a short-term sentence of imprisonment; and

b) at the time of sentencing, the court would have sentenced the offender to a sentence of home detention if a suitable residence had been available.

2 At the time of sentencing, the court must make an order granting the offender leave to apply to the court of first instance for cancellation of the sentence of imprisonment and substitution of a sentence of home detention if the offender finds a suitable residence at a later date.

80J Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention

1 This section applies for the purposes of filing and determining any appeal against an order granting leave, or a refusal of the court to grant leave, under section 801 or 80K(7) .

2 For the purposes of Part 4 of the Summary Proceedings Act 1957 and Part 13 of the Crimes Act 1961 , an order under section 801 or 80K(7) is a sentence.

80K Application for cancellation of sentence of imprisonment and substitution of sentence of home detention

1 An offender who is subject to a short-term sentence of imprisonment and who has leave to apply for cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80I may apply to the court at any time.

2 An application must be served as soon as practicable on the chief executive of the Department of Corrections.

3 An application must be accompanied by a pre-sentence report updated in accordance with section 80L .

4 On application under subsection (1) , the court may, if satisfied of the matters in section 80A(2) , cancel the sentence of imprisonment and substitute a sentence of home detention.

5 A sentence of home detention substituted under subsection (4) may be for any period the court thinks fit, but must not be less than 14 days or more than 12 months.

6 When substituting a sentence of home detention, the court must take into account the portion of the original sentence that remains unserved at the time of the order.

7 If the court does not substitute a sentence of home detention, the court—

a) must reconsider the issue of leave to apply for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; and

b) may make a further order granting the offender leave to apply to the court at any time for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.

8 A sentence of imprisonment that is cancelled under this section is a custodial sentence for the purposes of any other enactment.

80L Updated pre-sentence report

1 An offender subject to a sentence of imprisonment who makes an application for substitution of a sentence of home detention under section 80K must agree to a probation officer updating the offender's pre-sentence report with any new information.

2 If an offender agrees to a probation officer updating the offender's pre-sentence report under subsection (1) the probation officer must update the report in accordance with section 26A .

80M Appeals in respect of substituted sentences

1 This section applies if a court orders—

a) cancellation of a sentence of home detention and substitution of another sentence under section 80F ; or

b) cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80K .

2 For the purposes of any appeal or application for leave to appeal against the substituted sentence,—

a) a sentence substituted for a sentence imposed on the conviction of the offender on indictment is deemed to be a sentence imposed on the conviction of the offender on indictment; and

b) a sentence substituted for a sentence imposed on the offender on the determination of an information in a District Court is deemed to be a sentence imposed on the determination of an information against the offender in a District Court.

80N Imposition of post-detention conditions on offender

1 A court that sentences an offender to a term of home detention of 6 months or less may impose the standard post-detention conditions and any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.

2 If a court sentences an offender to a term of home detention of more than 6 months,—

a) the standard post-detention conditions apply to the offender for a period of 12 months from the detention end date, unless the court specifies otherwise; and sections 80Q, 80R, and 80U apply as if the standard conditions had been imposed by order of the court; and

b) the court may, at the same time, impose any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.

3 The court may specify that post-detention conditions imposed under this section expire on a date that is a specified period of at least 6 months, but no more than 12 months, from the detention end date.

4 If the court imposes special post-detention conditions on the offender, the special post-detention conditions may apply for as long as, but not longer than, the standard post-detention conditions that apply to the offender.

5 If the court sentences the offender to more than 1 sentence of home detention on the same occasion,—

a) only 1 order under this section may be made; and

b) that order applies in respect of all the sentences of home detention imposed on that occasion.

80O Standard post-detention conditions

The standard post-detention conditions of a sentence of home detention are the following:

a) the offender must report to a probation officer as and when required to do so by a probation officer and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:

b) the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer:

c) if consent is given under paragraph (b) , the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender's arrival in the new area:

d) if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:

e) the offender must not reside at any address at which a probation officer has directed the offender not to reside:

f) the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:

g) the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:

h) the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.

80P Special post-detention conditions

1 A court may impose any of the special post-detention conditions described in subsection (2) if the court is satisfied that—

a) there is a significant risk of further offending by the offender; and

b) standard conditions alone would not adequately reduce that risk; and

c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.

2 The special post-detention conditions are the following—

a) any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:

b) conditions requiring the offender to take prescription medication:

c) conditions relating to a programme:

d) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.

3 For the purposes of subsection (2) , programme has the same meaning as in section 54H .

4 No court may impose a special post-detention condition that the offender submit to electronic monitoring.

5 No offender may be made subject to a special post-detention condition that requires the offender to take prescription medication unless the offender—

a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and

b) consents to taking the prescription medication.

80Q Review of post-detention conditions if conditions incompatible

1 This section applies if—

a) an offender is, at the same time, subject to post-detention conditions imposed under 2 or more orders made under section 80N ; and

b) a probation officer is satisfied that—

i) any special condition to which the offender is subject under any of the orders is incompatible with any other special condition to which the offender is subject under any other of the orders; or

ii) in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.

2 The probation officer must apply for a review of the conditions to which the offender is subject under the orders made under section 80N .

3 Section 80R applies with any necessary modifications to an application made under this section.

80R Variation or discharge of post-detention conditions

1 An offender who is subject to post-detention conditions imposed under section 80N , or a probation officer, may apply for an order under subsection (3) .

2 Section 72 applies, with any necessary modifications, to an application under this section.

3 On an application under subsection (1) , the court may, if it thinks fit,—

a) suspend or vary any condition, or impose any additional conditions described in section 80N , that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed; or

b) discharge a condition and substitute any other condition described in section 80N that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.

4 If the court varies a special condition or imposes an additional special condition under subsection (3), section 80P applies.

5 If an application is made under this section for the suspension, variation, or discharge of any condition, a probation officer may suspend the condition until the application has been heard and disposed of.

80S Offence to breach detention conditions

An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who—

a) breaches, without reasonable excuse, any detention conditions of a sentence of home detention; or

b) fails to report when required to do so under section 80ZG .

80T Offence to refuse entry to home detention residence

1 Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer, who has identified himself or herself, to enter into the home detention residence if the offender is required to be at the residence at the time that the probation officer seeks entry.

2 Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the home detention residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the sentence of home detention (whether or not the offender is required to be at the home detention residence at the time).

3 For the purposes of subsection (2) , an
"authorised person" is a person who—

a) is a probation officer and has identified himself or herself; or

b) accompanies a person described in paragraph (a) ; or

c) is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.

80U Offence to breach post-detention conditions

1 An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who breaches, without reasonable excuse, any post-detention conditions imposed under section 80N or 80R .

2 In the case of a condition of the kind referred to in section 80P(2)(b) (which involves prescription medication), an offender does not breach his or her conditions for the purposes of this section if he or she withdraws consent to taking prescription medication.

80V Arrest without warrant for breach of detention or post-detention conditions

Any member of the police or any probation officer may arrest, without warrant, an offender who the member or officer has reasonable grounds to believe has breached any of his or her detention conditions or post-detention conditions.

80W Court may defer start date of sentence of home detention

1 The court may defer the start date of a sentence of home detention for a specified period of up to 2 months—

a) on humanitarian grounds; or

b) if the court is satisfied that it is in the interests of justice to defer the start of the sentence of home detention.

2 If a sentence of home detention is deferred in accordance with subsection (1) , the sentence of home detention starts on the date to which the court has ordered that the sentence be deferred.

3 Despite subsection (1) , no court may defer the start date of a sentence of home detention if—

a) the sentence of home detention is imposed cumulatively on any other sentence of home detention; or

b) the sentence of home detention is imposed in substitution for a sentence of home detention or imprisonment that has been quashed or set aside; or

c) an order under this section has already been made in respect of the sentence; or

d) the offender has already commenced serving the sentence or is detained under any other sentence or order.

80X Commencement of sentence of home detention

1 A sentence of home detention commences on the day it is imposed unless the start date of the sentence is deferred under section 80W .

2 Subsection (1) applies—

a) subject to the remainder of this section; and

b) regardless of whether or not the sentence is imposed in substitution for another sentence.

3 If a sentence of home detention is imposed cumulatively on another sentence of home detention imposed at the same time,—

a) at least 1 of the sentences must commence on the day that the sentence is imposed or to which the start date has been deferred under section 80W ; and

b) the commencement date for the subsequent sentence is the detention end date of the first sentence.

4 If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence) to which the offender is already subject, the commencement date of the subsequent sentence is the detention end date of the first sentence.

5 If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—

a) the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and

b) any time served under the quashed sentence must be treated as having been served under the subsequent sentence.

6 If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently cancelled,—

a) the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and

b) any time served under the cancelled sentence must not be treated as having been served under the subsequent sentence.

80Y Commencement of sentence of home detention after temporary surrender under Extradition Act 1999

1 This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999 and—

a) is convicted and sentenced under this Act to a sentence of home detention; and

b) is required to be returned in accordance with section 66(2) of the Extradition Act 1999 to the country from where the offender was surrendered on completion of the proceedings to which the extradition related.

2 Unless the court otherwise directs, the sentence imposed does not commence until the offender has reported to a probation officer after being returned to New Zealand.

3 An offender to whom this section applies must—

a) advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence before he or she commences the sentence; and

b) report to a probation officer within 72 hours of the offender's arrival in New Zealand.

4 This section applies despite any other provisions in this Act.

80Z When home detention ends

1 An offender ceases to be subject to a sentence of home detention when—

a) the offender reaches his or her detention end date; or

b) a court cancels the sentence of home detention.

2 If the offender's detention end date falls on a non-release day, the offender ceases to be subject to detention conditions on the nearest preceding day that is not a non-release day.

80ZA When detention conditions suspended

The detention conditions of an offender serving a sentence of home detention are suspended during any period that the offender spends in custody under a court order (for example, on remand), but time continues to run during any period that they are suspended.

80ZB Time ceases to run in certain circumstances

For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period—

a) between the date on which an application for a variation or cancellation of the sentence under section 80F is lodged and the earlier of—

i) the date on which the offender is next taken into custody; and

ii) the date on which the offender resumes serving his or her sentence in accordance with his or her detention conditions; or

b) in which an offender is released on bail pending an appeal.

80ZC Order must be drawn up

1 If a court imposes a sentence of home detention on an offender, the particulars of the sentence must be drawn up in the form of an order.

2 A copy of the order must be given to the offender before he or she leaves the court wherever practicable.

3 The order must include information regarding—

a) the nature of the sentence; and

b) the start date and the term of the sentence; and

c) the detention conditions that apply to the offender while he or she is serving the sentence; and

d) the post-detention conditions (if any) that apply and the period for which those conditions apply; and

e) the obligations to comply with the instructions of a probation officer and the terms of the sentence; and

f) the consequences of non-compliance with the terms of the sentence; and

g) the statutory provisions under which the sentence may be varied or cancelled.

4 For the purposes of subsection (1) , a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

5 If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.

6 A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible, but no later than 24 hours, after it has been drawn up.

80ZD Offender must be given copy of new or amended order

If an offender's detention conditions or post-detention conditions are varied or discharged, the offender must be given a copy of the new or amended order that shows the conditions as varied or discharged, and the provisions of this section and section 80ZC apply.

80ZE Home detention does not affect entitlements under Social Security Act 1964

The fact that a person is serving a sentence of home detention does not, of itself, affect any entitlement the person may have under the Social Security Act 1964 .

80ZF Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to persons serving home detention sentence

When an offender performs any service or does any work or attends any assessment, course, or programme for the purposes of a home detention sentence, the following provisions apply:

a) if the offender suffers any personal injury for which he or she has cover under the Injury Prevention, Rehabilitation, and Compensation Act 2001 arising out of and in the course of performing the activities described above,—

i) the personal injury is deemed, for the purposes of section 97 of that Act only, to be a work-related personal injury; and

ii) the Crown is liable to pay compensation to which the offender is entitled under that section:

b) the cost of all other entitlements of the offender under that Act must be met from the Earners' Account in the case of an offender who is an earner and from the Non-Earners' Account in all other cases.

80ZG Effect of subsequent sentence of imprisonment

1 This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to a term of imprisonment.

2 If this section applies, the sentence of home detention is suspended until the earlier of the following events—

a) it resumes under subsection (4)(b) ; or

b) it is cancelled under subsection (6) .

3 No period during which a sentence of home detention is suspended under subsection (2) is counted towards the period under section 80A(3) .

4 If the sentence or sentences of imprisonment are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—

a) the offender must report to a probation officer as soon as practicable and not later than 72 hours after being released from detention; and

b) the sentence of home detention resumes when the offender has reported as required under paragraph (a) .

5 The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.

6 If the sentence of home detention never resumes under subsection (4)(b) , it is cancelled when the offender ceases to be detained under the sentence of imprisonment.

80ZH Application of section 80F during epidemic

1 While an epidemic management notice is in force,—

a) a probation officer who has applied for an order under section 80F(4) varying the special conditions subject to which a sentence of home detention was imposed by the court on an offender may himself or herself vary those conditions; and

b) any probation officer may himself or herself vary the special conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80F(4) varying those conditions; and

c) a probation officer may vary or suspend any standard conditions of a sentence of home detention.

2 A variation under subsection (1)(a) or (b) has effect until the application concerned has been heard and disposed of.

3 Any variation or suspension of a standard condition under subsection (1)(c) has effect until the earlier of—

a) the revocation of the epidemic management notice; or

b) the date a probation officer rescinds the variation or suspension.

80ZI Application of section 80R during epidemic

1 While an epidemic management notice is in force,—

a) a probation officer who has applied for an order under section 80R(3) varying the post-detention conditions subject to which a sentence of home detention was imposed by the court on an offender may himself or herself vary those conditions; and

b) any probation officer may himself or herself vary the post-detention conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80R(3) varying those conditions.

2 Any variation under subsection (1) has effect until the earlier of—

a) the revocation of the epidemic management notice; or

b) the date on which a probation officer rescinds the variation or suspension.

Subpart 2B - Judicial monitoring

80ZJ Progress reports

1 If the court has imposed a sentence of intensive supervision or home detention and a special condition of that sentence is that the offender be subject to judicial monitoring, the probation officer supervising the offender must give a written progress report to the Judge who sentenced the offender or to any other Judge of that court if for any reason it is impracticable for the sentencing Judge to be given the report.

2 The progress report must be given to the Judge within 3 months of the date that the sentence commenced under section 75, 76, 80W, 80X, or 80Y (whichever is applicable) or the date at which the offender has served one-third of his or her sentence, whichever is the earlier.

3 The progress report—

a) must contain information on the offender's progress and compliance with the sentence; and

b) may contain any other information that the probation officer considers relevant to the sentence.

4 The probation officer must prepare and give the Judge further progress reports at specified intervals of not less than 3 months if directed to do so by the Judge.

80ZK Consideration of progress reports

After considering a progress report, the Judge may order that the offender attend before him or her if the Judge considers it desirable for the administration of the sentence or for the rehabilitation or reintegration of the offender.

80ZL Procedure

1 A copy of an order under section 80ZK must be given to the offender and the probation officer who filed the progress report.

2 The order must be accompanied by a notice setting out the time and place of the attendance.

80ZM Procedure if possible grounds for variation or cancellation of sentence exist

1 If, after hearing from the offender and the probation officer, the Judge considers that there may be grounds for variation or cancellation of the sentence of intensive supervision or home detention, he or she may request submissions on whether the sentence should be varied or cancelled.

2 If the Judge requests further submissions under subsection (1) , he or she must set the matter down for a hearing.

3 After hearing submissions on whether the sentence should be varied or cancelled at the hearing, the Judge may vary or cancel the sentence of intensive supervision or home detention in accordance with section 54K or 80F (whichever is applicable) as if an application had been made under either of those sections.