15 Special conditions

(1)

The Board may (subject to subsections (2) and (4)) impose any 1 or more special conditions on an offender.

(2)

A special condition must not be imposed unless it is designed to—

(a)

reduce the risk of reoffending by the offender; or

(b)

facilitate or promote the rehabilitation and reintegration of the offender; or

(c)

provide for the reasonable concerns of victims of the offender; or

(d)

comply, in the case of an offender subject to an extended supervision order, with an order of the court, made under section 107IAC, to impose an intensive monitoring condition.

(3)

The kinds of conditions that may be imposed as special conditions include, without limitation,—

(a)

conditions relating to the offender’s place of residence (which may include a condition that the offender reside at a particular place), or his or her finances or earnings:

(ab)

residential restrictions:

(b)

conditions requiring the offender to participate in a programme (as defined in section 16) to reduce the risk of further offending by the offender through the rehabilitation and reintegration of the offender:

(ba)

conditions prohibiting the offender from doing 1 or more of the following:

(i)

using (as defined in section 4(1)) a controlled drug:

(ii)

using a psychoactive substance:

(iii)

consuming alcohol:

(c)

conditions that the offender not associate with any person, persons, or class of persons:

(d)

conditions requiring the offender to take prescription medication:

(e)

conditions prohibiting the offender from entering or remaining in specified places or areas, at specified times, or at all times:

(f)

conditions requiring the offender to submit to the electronic monitoring of compliance with any release conditions or conditions of an extended supervision order, imposed under paragraph (ab) or (e), that relate to the whereabouts of the offender:

(g)

an intensive monitoring condition, which must, and may only, be imposed if a court orders (under section 107IAC) the imposition of an intensive monitoring condition.

(3A)

If the Board imposes on an offender special conditions relating to residential restrictions (specified under subsection (3)(ab)),—

(a)

the offender’s probation officer must define the area of the residence specified under section 33(2)(a) within which the offender must remain and show that area to the offender and advise every relevant occupant (as defined in section 34(4)) of the residence of that area; and

(b)

the offender must remain within that area.

(4)

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.

(5)

An offender does not breach his or her conditions for the purposes of section 71 if he or she withdraws consent to taking prescription medication, but the failure to take the medication may give rise to a ground for recall set out in section 61.

Compare: 1985 No 120 ss 107C, 107D

Section 15(1): replaced, on 2 September 2015, by section 7 of the Parole Amendment Act 2015 (2015 No 4).

Section 15(2)(c): replaced, on 12 December 2014, by section 5(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 15(2)(d): inserted, on 12 December 2014, by section 5(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 15(3): amended, on 22 December 2016, by section 4(1) of the Parole (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 46).

Section 15(3)(ab): inserted, on 1 October 2007, by section 11(2) of the Parole Amendment Act 2007 (2007 No 28).

Section 15(3)(ba): inserted, on 15 May 2017, by section 6 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).

Section 15(3)(e): added, on 7 July 2004, by section 5 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 15(3)(f): replaced, on 22 December 2016, by section 4(2) of the Parole (Electronic Monitoring of Offenders) Amendment Act 2016 (2016 No 46).

Section 15(3)(g): inserted, on 12 December 2014, by section 5(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 15(3A): inserted, on 22 January 2014, by section 47 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).