Parole Act 2002

If you need more information about this Act, please contact the administering agency: Department of Corrections and Ministry of Justice

Application for, and making of extended supervision orders

Heading: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

107F Chief executive may apply for extended supervision order

(1)

The chief executive may apply to the sentencing court for an extended supervision order in respect of an eligible offender,—

(a)

where the offender is subject to a sentence of imprisonment, at any time before the later of—

(i)

the sentence expiry date of the sentence to which the offender is subject that has the latest sentence expiry date, regardless of whether that sentence is for a relevant offence; and

(ii)

the date on which the offender ceases to be subject to any release conditions; or

(b)

where the offender is subject to an extended supervision order, at any time before the expiry of the order; or

(c)

where the offender is a person described in section 107C(1)(b), at any time within 6 months of the person’s arrival in New Zealand; or

(d)

where the offender is a person described in section 107C(1)(c) or (d), at any time before the end of the period for which the offender is subject to release conditions under the Returning Offenders (Management and Information) Act 2015.

(2)

An application under this section must be accompanied by a report by a health assessor (as defined in section 4 of the Sentencing Act 2002).

(2A)

Every health assessor’s report must address one or both of the following questions:

(a)

whether—

(i)

the offender displays each of the traits and behavioural characteristics specified in section 107IAA(1); and

(ii)

there is a high risk that the offender will in future commit a relevant sexual offence:

(b)

whether—

(i)

the offender displays each of the behavioural characteristics specified in section 107IAA(2); and

(ii)

there is a very high risk that the offender will in future commit a relevant violent offence.

(3)

To avoid doubt, in addressing any matter to be referred to in the health assessor’s report, the health assessor may take into account any statement of the offender or any other person concerning any conduct of the offender, whether or not that conduct constitutes an offence and whether or not the offender has been charged with, or convicted of, an offence in respect of that conduct.

Section 107F: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107F(1): replaced, on 12 December 2014, by section 11(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107F(1)(c): amended, on 18 November 2015, by section 35(4) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).

Section 107F(1)(d): inserted, on 18 November 2015, by section 35(5) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).

Section 107F(2): replaced, on 12 December 2014, by section 11(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107F(2A): inserted, on 12 December 2014, by section 11(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107F(3): added, on 1 October 2007, by section 57 of the Parole Amendment Act 2007 (2007 No 28).

Section 107F(3): amended, on 12 December 2014, by section 11(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).