Parole Act 2002

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Reprint as at 1 June 2010

Parole Act 2002

Public Act2002 No 10
Date of assent5 May 2002
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice and the Department of Corrections.

Contents

1 Title

2 Commencement

Part 1
Parole and other release from detention

Subpart 1—Preliminary provisions relating to parole and other release from detention

3 Purpose

4 Interpretation

5 Act binds the Crown

Subpart 2—Release

General provisions

6 Overview of release

7 Guiding principles

8 Part applies to all offenders

9 Application of Part to persons subject to term of imprisonment

10 Application to offenders detained in hospital or secure facility

11 Application of Part to offenders detained in social welfare residence

12 This Part subject to other orders

13 General rules about information to be given to offenders

13AA Application for confidentiality order

13AB Making of confidentiality order

13AC Effect of confidentiality order

13AD If confidentiality order not made

13AE Variation or rescission of confidentiality order

13A Procedure of Board during epidemic

Conditions

14 Standard release conditions

15 Special conditions

15A Electronic monitoring

16 Programmes

Release at statutory release date

17 Release at statutory release date

18 Conditions applying to release at statutory release date

19 Special provision for offenders sentenced to short-term sentences while on parole

Parole

20 Parole eligibility date

21 Consideration for parole of offenders detained in prison

22 Date of hearings

23 No consideration for parole of offenders on compassionate release

24 Consideration of offenders unlawfully at large when due to be considered for parole

25 Early referral and consideration for parole

26 Other times when Board may consider offenders for parole

27 Postponement of consideration for parole

27A Consideration of offenders for parole during epidemic

28 Direction for release on parole

29 Release conditions applying to parole

29A Release conditions for person to whom extended supervision order applies

29B Board may monitor compliance with conditions

30 Release conditions applying to offenders detained in hospital or secure facility who are released on parole

31 When release conditions discharged or suspended

32 When parole ends

Residential restrictions

33 Residential restrictions

34 Prior report on suitability of residential restrictions

35 Residential restrictions only to be imposed if residence suitable and occupants consent

36 Detention conditions [Repealed]

37 Expiry and revocation of direction for home detention [Repealed]

38 Residential restrictions do not affect entitlements under Social Security Act 1964

39 When detention conditions suspended or cancelled [Repealed]

40 When home detention ends [Repealed]

40A Applications for home detention during epidemic [Repealed]

Compassionate release

41 Board may direct early release on compassionate grounds

Procedures for certain hearings

42 Application of procedures set out in sections 43 to 50

43 Start of process

43A Consultation and disclosure necessary to provide reports

44 Information for victims

45 Decision on type of hearing

46 Review of decision on type of hearing

47 Interviews of offender before hearings

48 Unattended hearings

49 Attended hearing

50 Decisions must be notified

50A Submissions from, and interviews with, certain victims

50B Decisions to be notified to certain victims

Actual release

51 Date of release

52 Release of offenders released at statutory release date

53 Licence issued on release

54 Police must be advised

55 Release for purpose of deportation

Variation and discharge of conditions

56 Application for variation or discharge of conditions

56A Application of section 56 during epidemic

57 Procedure for determining applications

58 Board determines application for variation or discharge

Recall

59 Definition of recall application

60 Making recall application

61 Grounds for recall

62 Making interim recall order

63 What happens when interim recall order made

64 What happens if no interim recall order made

65 Procedure for determining recall applications

65A Application of section 65 during epidemic

66 Board may make final recall order

66A Protection of constables

Reviews and appeals from decisions

67 Review of decisions

68 Appeal to High Court against postponement orders, section 107 orders, and final recall orders

69 Procedure on appeal against postponement orders, section 107 orders, and final recall orders

70 Powers of court on appeal

Offences

71 Offence to breach conditions

72 Offence to refuse entry to residence specified under residential restrictions

Arrest of offenders

73 Arrest without warrant

73A Power to enter premises to arrest

Regulations

74 Regulations

Subpart 3—Sentence calculation

Cumulative sentences

75 Cumulative sentences form notional single sentence

Start date of sentence of imprisonment

76 General rules about start date of sentence of imprisonment

77 Start date of notional single sentence

78 Deferred start date

79 Start date if later sentence replaces original sentence

80 Start date after temporary surrender to New Zealand

81 Start date of sentence of imprisonment when term imposed

Sentence expiry dates

82 Sentence expiry date

83 Sentence expiry date of pre-cd sentence

Non-parole periods

84 Non-parole periods

85 Pre-cd sentences do not have non-parole periods

Release dates

86 Release date of sentence

87 Release date of pre-cd sentence

Determining key dates

88 Chief executive must determine key dates, etc

Determining how much time has been served

89 Determining time served

90 Period spent in pre-sentence detention deemed to be time served

91 Meaning of pre-sentence detention

92 Procedure for recording length of pre-sentence detention

93 Definition of extradition offender and ICC offender and MACM offender

94 Time ceases to run in certain circumstances

95 Time on bail pending appeal does not count as time served

96 Period between quashed sentence and new sentence does not count as time served

Subpart 4—Transitional arrangements for offenders subject to pre-cd sentences

General rules

97 Application of this Part to offenders subject to pre-cd sentences

98 Transitional provisions for hearings within 3 months after commencement date

99 Chief executive may exercise certain powers before commencement date

100 Offenders subject to non-association orders

101 Corrective training deemed to be short-term sentence

102 Suspended sentences

Release at final release date

103 Purpose and effect of section 104

104 Release at final release date

105 Calculation of final release dates

106 Variation and cancellation of final release dates

107 Order that offender not be released

Part 1A
Extended supervision orders

Preliminary

107A Overview of Part

107B Meaning of relevant offence

107C Meaning of eligible offender

107D Meaning of sentencing court

107E Obligation to assess eligible offenders

Application for, and making of extended supervision orders

107F Chief executive may apply for extended supervision order

107G Procedure following application for extended supervision order

107GA Application of section 107G during epidemic

107H Hearings relating to extended supervision orders

107I Sentencing court may make extended supervision order

107IA Court may impose special conditions on interim basis

Nature of extended supervision order

107J Conditions of extended supervision order

107JA Standard extended supervision conditions

107K Board may impose special conditions

107L Commencement and expiry of extended supervision order

Cancellation, extension, variation, and suspension of extended supervision orders or conditions

107M Sentencing court may cancel extended supervision order

107N Extension of short extended supervision order

107O Board may vary conditions of extended supervision order

107P Suspension of conditions of extended supervision order

107Q Effect of new sentence on offender subject to extended supervision order

Appeals and reviews

107R Appeals against decisions of sentencing court

107S Review of Board decisions

Miscellaneous provisions

107T Offence to breach extended supervision order

107U Rules about court practice and procedure

107V Additional victim notification

107W Information about victims not to be disclosed

107X Application of Legal Services Act 2000

Transitional measures

107Y Definitions

107Z Applications in respect of transitional eligible offenders to be made within first 6 months after commencement

Part 2
New Zealand Parole Board and amendments to other enactments relating to parole and release generally

Establishment of Board

108 New Zealand Parole Board established

109 Functions of Board

110 Department of Corrections to provide administrative and training support to Board

Membership of Board

111 Membership of Board

112 Chairperson of Board

113 Delegation of chairperson's functions, powers, and duties

114 Panel convenors

How Board performs its functions

115 Parole panels

116 Decisions of Board

117 Information before Board

117A Board may regulate own procedure

118 Avoiding actual or perceived bias

Summoning witnesses

118A Power to summon witnesses

118B Service of summons

118C Protection of witnesses

118D Offences

General provisions about Board and members

119 Annual report

120 Term of appointment, and reappointment

121 Members ceasing to hold office

122 Remuneration and expenses of members

123 Immunity of members

124 Abolition of Parole Board and District Prisons Boards

Acts amended

125 Acts amended

Schedule
Amendments to other enactments

Parole Amendment Act 2007

Reprint notes