Administration of Community Sentences and Orders Act 2013

Reprint as at 3 June 2017

Coat of Arms of New Zealand

Administration of Community Sentences and Orders Act 2013

Public Act
 
2013 No 88
Date of assent
 
22 October 2013
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

Contents

1Title
2Commencement
3Principal Act amended
4Exercise of discretion when considering bail pending appeal
5Principal Act amended
6Granting of bail to appellant in custody pending appeal to District Court presided over by District Court Judge
7Granting of bail to appellant in custody pending appeal to High Court
8Granting of bail to appellant in custody pending appeal to Court of Appeal or Supreme Court
9New section 58 substituted
58Time on bail pending appeal not to be taken as time served
10Surrender of appellant released on bail
11New section 60 inserted
60Surrender of appellant released on bail from sentence of home detention
12Principal Act amended
13New section 20A inserted
20ASubsequent community-based sentence or sentence of home detention
14Effect of provisions concerning multiple sentences on powers of court
15Pre-sentence reports
16Additional requirements when considering sentence of community detention or home detention
17Standard conditions of supervision
18New section 54AA inserted
54AAWhen time ceases to run on sentence of supervision
19Standard conditions of intensive supervision
20New section 54KA inserted
54KAWhen time ceases to run on sentence of intensive supervision
21Concurrent and cumulative sentences of community work
22Offender must report to probation officer
23New section 66A substituted
66AProbation officer may direct hours of work to be converted to training
24Consequences of failing without excuse to complete training
25Guidance on use of sentence of community detention
26Conditions of community detention during sentence term
27Variation or cancellation of sentence of community detention
28New section 69IA inserted
69IAWhen time ceases to run on sentence of community detention
29New section 69JA inserted
69JAChief executive of Department of Corrections may vary offender’s curfew address
30Section 69K repealed
31Jurisdiction and procedure
32Commencement of community-based sentences
33Sentence of home detention
34Detention conditions applying to offender sentenced to home detention
35Application for variation or cancellation of sentence of home detention
36New section 80FA inserted
80FAChief executive of Department of Corrections may vary offender’s home detention address
37Section 80H repealed
38New section 80MA inserted
80MARegistrar must notify controlling officer and offender of resumption of sentence
39Imposition of post-detention conditions on offender
40Offence to breach detention conditions
41Commencement of sentence of home detention
42Time ceases to run in certain circumstances
80ZBTime ceases to run in certain circumstances
43New sections 80ZG to 80ZGD substituted
80ZGEffect of subsequent sentence of imprisonment of not more than 12 months
80ZGAEffect of subsequent sentence of imprisonment of more than 12 months
80ZGBPeriod of suspension not counted towards sentence
80ZGCResumption of sentence of home detention
80ZGDEffect of appeal on resumption of sentence of home detention
44Sections 80ZG to 80ZGC apply to home detention sentence imposed on or after commencement date
45Imposition of conditions on release of offender sentenced to imprisonment for short term
46Principal Act amended
47Special conditions
48Conditions applying to release at statutory release date
49Release conditions applying to parole
50Board may monitor compliance with conditions
51Prior report on suitability of residential restrictions
52New section 36 inserted
36Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
53Application for variation or discharge of conditions
54Making recall application
55Time ceases to run in certain circumstances
56Commencement and expiry of extended supervision order
57Suspension of conditions of extended supervision order
58Amendment to Criminal Procedure Act 2011
403ATransitional provision regarding effect of appeal on sentence of home detention
59Amendment to Sentencing Amendment Act 2007
60Amendment to Summary Proceedings Act 1957
Reprint notes

The Parliament of New Zealand enacts as follows: