Section 207D(1)(f): add:
(iii)
a sentence of home detention imposed under section 80A of the Sentencing Act 2002; and
Section 207K(1)(e): add:
(iii)
a sentence of home detention imposed under section 80A of the Sentencing Act 2002; and
Section 207Q(1)(c): add
(iii)
a sentence of home detention imposed under section 80A of the Sentencing Act 2002; and
Section 248(1)(b): omit “Sentencing Act 2002,”
and substitute “Sentencing Act 2002), or to a sentence of home detention imposed under section 80A of the Sentencing Act 2002,”
.
Section 251(1)(j): repeal and substitute:
(j)
if the young person is subject to a community-based sentence (as that term is defined in section 4(1) of the Sentencing Act 2002) or a sentence of home detention imposed under section 80A of the Sentencing Act 2002,—
(ii)
in the case of a young person who is subject to a sentence of community work (within the meaning of that Act), a representative of the agency on whose behalf the young person is required to perform any work for the purposes of the sentence:
(iii)
in the case of a young person who is subject to a sentence of supervision, intensive supervision, or a sentence of home detention (within the meaning of that Act), any person or agency, or a representative of any person or agency, that provides any course or conducts any programme that the young person is required to undertake as a condition of the sentence or to undergo under the sentence:
Section 285(5): insert after paragraph (b):
(ba)
any sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
Section 285(6)(a): omit “paragraph (b) or paragraph (c)”
and substitute “paragraph (b), (ba), or (c)”
.
Section 290(1)(b): insert “or a sentence of home detention under section 80A of the Sentencing Act 2002”
after “(within the meaning of section 4(1) of the Sentencing Act 2002)”
.
Section 293(b): insert “or a sentence of community detention or home detention”
after “liable to imprisonment”
.
Section 303(b): insert “or a sentence of home detention under section 80A of the Sentencing Act 2002”
after “(as those terms are defined in section 4(1) of the Sentencing Act 2002)”
.
Definition of person under control or supervision in section 3(1): insert the following paragraph after paragraph (b):
person under control or supervision means—
(b)
a person who is subject to a community-based sentence:
(c)
a person who is subject to a sentence of home detention:
(d)
a person who is serving a sentence of imprisonment on home detention:
(e)
a person who is subject to conditions under the Parole Act 2002 or under section 80N or 93 of the Sentencing Act 2002
Section 5(1)(a): insert “sentences, sentences of home detention.”
after “community-based”
.
Section 8(1)(c): repeal and substitute:
(c)
ensuring the welfare of offenders serving a sentence of imprisonment on home detention, or subject to community-based sentences or sentences of home detention or conditions imposed under the Parole Act 2002 or Sentencing Act 2002, during periods while, in the presence of any employee of the department, those offenders carry out their sentences or undergo any supervision forming part of the conditions to which they are subject:
Heading above section 24: repeal and substitute: “Persons with powers and functions in relation to administration of community-based sentences, sentences of home detention, conditions of release, parole, or sentences of imprisonment served on home detention”
.
Section 25(1)(a): repeal and substitute:
(a)
to supervise all persons placed under the officer’s supervision under a sentence of supervision or intensive supervision or community detention or home detention, or while serving a sentence of imprisonment on home detention, and to ensure that the conditions of the sentence or of the release are complied with:
Section 25(1)(b): repeal and substitute:
(b)
to arrange and administer community-based sentences and sentences of home detention imposed under section 80A of the Sentencing Act 2002 referred to the officer for that administration, and to ensure that the sentences are carried out:
Section 25(1)(c): insert “or sentence of home detention imposed under section 80A of the Sentencing Act 2002”
after “community-based sentence”
.
Section 27(2): insert “or sentences of home detention imposed under section 80A of the Sentencing Act 2002”
after “community-based sentences”
.
Section 34(1): insert “serving a sentence of imprisonment”
after “(other than a person who is”
.
Section 156(2)(b)(ii): repeal and substitute:
(ii)
the monitoring of a complainant while the complainant is or was—
(A)
serving a sentence of imprisonment by way of home detention:
(B)
serving a sentence of home detention imposed under section 80A of the Sentencing Act 2002:
(C)
serving a sentence of community detention:
(D)
on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002; or
Section 157(1): omit “or from which home detention is or was monitored”
and substitute “or from which his or her sentence or any condition of that sentence is or was monitored”
.
Section 181(2): insert after paragraph (a):
(ab)
if the chief executive is authorised by regulations made under this Act to do so, supply to the chief executive of the Department of Labour the information specified in subsection (3) in respect of persons who have received a sentence of home detention:
Section 182(1)(b): insert “(when serving a sentence of imprisonment on home detention)”
after “on home detention”
.
Section 182(3)(b): insert “serving a sentence of imprisonment”
after “in the case of a highest-risk offender who is”
.
Section 182(4): insert “(when serving a sentence of imprisonment on home detention)”
after “on home detention”
.
Section 182A(3)(a): repeal and substitute:
(a)
to monitor compliance by the child sex offender with his or her release conditions (including conditions imposed under section 93 of the Sentencing Act 2002), detention conditions (if the offender is serving a sentence of imprisonment on home detention), conditions of a sentence of supervision, intensive supervision, community detention, or home detention (imposed under section 80A of the Sentencing Act 2002), post-detention conditions of a sentence of home detention, or conditions of an extended supervision order:
Section 182B(1)(c): repeal and substitute:
(c)
who is subject to release conditions (including conditions imposed under section 93 of the Sentencing Act 2002), detention conditions (if the offender is serving a sentence of imprisonment on home detention), conditions of a sentence of supervision, intensive supervision, community detention, or home detention (imposed under section 80A of the Sentencing Act 2002), post-detention conditions of a sentence of home detention, or conditions of an extended supervision order.
Section 182B(2)(a): insert “or post-detention”
after “release”
.
Heading to section 19DA: insert “, community detention, and home detention”
after “Community work”
.
Section 19DA(2): insert “, community detention, or home detention”
after “community work”
.
Section 19DA(3): insert “, community detention, or home detention”
after “community work”
.
Section 19DA(4): insert “, community detention, or home detention”
after “community work”
.
Section 19DA(5): insert “, community detention, or home detention”
after “community work”
.
Section 19DA(6): insert “, community detention, or home detention”
after “community work”
.
Section 19DA(7): insert “, community detention, or home detention”
after “community work”
.
Section 399(3): insert “intensive supervision, community detention, or home detention,”
after “supervision,”
.
Definition of home detention in section 2(1): repeal.
Section 4A(3): insert after paragraph (a):
(ab)
subject to residential restrictions imposed under section 15 of the Parole Act 2002
Section 24A(4): omit “a sentence by way of home detention”
and substitute “a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002 or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002”
.
Section 24A(4)(a): insert “or is required to remain”
after “is detained”
.
Section 24A(5): repeal and substitute:
(5)
Despite subsection (4)(a), a Judge may include a condition in a suspect compulsion order or juvenile compulsion order that a respondent give a sample at a place other than the residence at which the person is detained or is required to remain, if the Judge is of the view that it is necessary to do so on account of the respondent’s state of health.
Section 39A(3): omit “a sentence by way of home detention”
and substitute “a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002”
.
Section 39A(3)(b)(i): insert “or is required to remain”
after “the person is detained”
.
Section 39A(4): repeal and substitute:
(4)
Despite subsection (3)(b)(i), a commissioned officer of the police may state in a databank compulsion notice that a person may give a bodily sample at a place other than the residence at which the person is detained or is required to remain, if the commissioned officer of the police issuing the notice is of the view that it is necessary to do so on account of the person’s health.
Section 39C(2): repeal and substitute:
(2)
If a person to whom a databank compulsion notice relates is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or is on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, the place the commissioned officer of the police must specify under subsection (1) must be the residence at which the person is detained or is required to remain, unless the commissioned officer of the police is of the view that it is necessary for the person to give the sample at another place on account of the person’s state of health.
Section 46A: repeal and substitute:
46A Person detained or required to remain at residence to attend to give bodily sample
(1)
An agreement reached, under section 24A(4)(b) or section 39A(3)(b)(ii), between a person serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, and a member of the police to vary the date on which a bodily sample is to be taken, pursuant to a compulsion order or databank compulsion notice, is of no effect unless it has been approved by the probation officer supervising that person.
(2)
Subsection (3) applies if—
(a)
a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5); or
(b)
a statement is included in a databank compulsion notice under section 39A(4).
(3)
If this subsection applies,—
(a)
the police must, as soon as practicable, give the Department of Corrections notice of the need for the person to leave the place where he or she is detained or required to remain for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and
(b)
section 46(5) and (6) applies with all necessary modifications.
Definition of non-custodial sentence in section 4: insert “a sentence of home detention,”
after “a community-based sentence,”
.
Section 2(4): insert after paragraph (b):
(ba)
subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
Section 21A(1)(h): omit “(not being persons subject to home detention)”
and substitute “(not being persons serving a sentence of home detention, or community detention, or serving a sentence of imprisonment on home detention, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002)”
.
Section 4(2): insert after paragraph (b):
(ba)
subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
Section 31(1)(b): insert after subparagraph (ii):
(iia)
subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
Section 94(3A): insert “or intensive supervision”
after “supervision”
.
Section 38(1): insert after paragraph (b):
(ba)
subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
Section 4(3)(b)(ii): insert “, or a sentence of home detention under subpart 2A of Part 2 of the Sentencing Act 2002,”
after “subpart 2 of Part 2 of the Sentencing Act 2002”
.
Section 27A(2)(d): add:
(iv)
subject to a sentence of home detention under the Sentencing Act 2002
Definition of home detention in section 4: repeal.
Definition of person under control or supervision in section 4: repeal and substitute:
person under control or supervision means—
(b)
a person who is subject to a community-based sentence:
(c)
a person who is subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002:
(d)
a person who is serving a sentence of imprisonment on home detention as defined in section 4(1) of the Sentencing Act 2002 (prior to the commencement of section 72 of the Parole Amendment Act 2007); but also includes home detention as defined in section 2(1) of the Criminal Justice Act 1985:
(e)
a person who is subject to conditions—
(i)
under the Parole Act 2002 (including, without limitation, conditions applying to a person who is subject to an extended supervision order under section 107I of that Act); or
(ii)
under section 80N or 93 of the Sentencing Act 2002; or
(iii)
of a similar kind under earlier corresponding enactments:
(f)
a person who is arrested and detained under the Armed Forces Discipline Act 1971 pending release or trial:
(g)
a service detainee or a service prisoner
Item relating to community-based sentences and conditions of release under the heading Department of Corrections Records in Schedule 5: omit “supervision or community work”
and substitute “supervision, intensive supervision, community work, community detention, or home detention”
.
Item relating to community-based sentences and conditions of release under the heading Department of Corrections Records in Schedule 5: insert “, sentences of home detention,”
after “Community-based sentences”
.
Paragraph (a) of the item relating to Protection orders under the heading Police Records in Schedule 5: insert “or subject to conditions imposed under section 93 of the Sentencing Act 2002”
after “on parole”
.
Paragraph (b) of the item relating to Protection orders under the heading Police Records in Schedule 5: repeal and substitute:
(b)
a sentence of periodic detention, supervision, intensive supervision, community service, community programme, community work, or community detention; or
Paragraph (c) of the item relating to Protection orders under the heading Police Records in Schedule 5: omit “order.”
and substitute “order; or”
.
Item relating to Protection orders under the heading Police Records in Schedule 5: add:
(d)
a sentence of home detention (including while subject to post-detention conditions).
Item relating to Protection orders under the heading Police Records in Schedule 5: insert “and any post-sentence conditions”
after “the offender’s sentence”
.
Paragraph (a) of the item relating to Restraining orders under the heading Police Records in Schedule 5: to insert “or subject to conditions imposed under section 93 of the Sentencing Act 2002”
after “on parole”
.
Paragraph (b) of the item relating to Restraining orders under the heading Police Records in Schedule 5: repeal and substitute:
(b)
a sentence of periodic detention, supervision, intensive supervision, community service, community programme, community work, or community detention; or
Item relating to Restraining orders under the heading Police Records in Schedule 5: add:
(d)
a sentence of home detention (including while subject to post-detention conditions).
Item relating to Restraining orders under the heading Police Records in Schedule 5: to insert “and any post-sentence conditions”
after “the offender’s sentence”
.
Section 27B(1)(e)(ii): repeal and substitute:
(ii)
subject to release conditions (as that term is defined in section 4(1) of the Parole Act 2002) that prevent him or her undertaking employment:
Section 27B(1)(e): add:
(iii)
serving the sentence on home detention, subject to detention conditions that prevent him or her undertaking employment:
Section 27B(1): insert the following paragraph after paragraph (e):
(ea)
a woman who is the mother of 1 or more dependent children and who has lost the regular support of her spouse or partner because he or she is subject to a sentence of supervision, intensive supervision, or home detention and is subject to conditions (including post-detention conditions of a sentence of home detention) that prevent him or her from undertaking employment:
Section 9C(2): insert after paragraph (i):
(ia)
impose under section 54B of that Act, a sentence of intensive supervision on the offender:
(ib)
impose under section 69B of that Act a sentence of community detention on the offender:
Section 88(3): insert after paragraph (b):
(ba)
subject to sections 80A to 80ZM of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of home detention; or
(bb)
subject to sections 69B to 69M and sections 70 to 80 of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of community detention; or
Section 88: insert after subsection (3AAA):
(3AAB)
No Community Magistrate may sentence a defendant to a sentence of home detention under subsection (3)(ba); but in any case where a Community Magistrate considers such a sentence to be appropriate, the Community Magistrate must refer the matter to a District Court Judge, in which case sections 45 to 59, so far as they are applicable and with the necessary modifications, apply.
Section 88(3AA): insert “or sentence of home detention”
after “period of imprisonment”
.
Section 88(5): insert “, community detention, or home detention”
after “community work”
.
Section 89(2): insert “, community detention, or home detention”
after “community work”
.
Section 91(3): insert “, community detention, or home detention”
after “community work”
.
Heading to section 106E: omit and substitute “Restrictions on alternative sentences”
.
Section 106E(1)(c): insert “a sentence of community detention or home detention, or”
after “, other than”
.
Section 106E: insert after subsection (1):
(1A)
A District Court Judge or Community Magistrate must not sentence a defendant to a sentence of community detention under this Part for non-payment of a fine unless—
(a)
a statement of means has been completed by the defendant; and
(b)
the Judge or Community Magistrate has considered the statement of means; and
(c)
the Judge or Community Magistrate is satisfied that all other methods of enforcing the fine, other than a sentence of home detention or the issue of a warrant of commitment, have been considered or tried and that they are inappropriate or unsuccessful; and
(d)
a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
(e)
the Judge or Community Magistrate is satisfied of the matters in section 69C of the Sentencing Act 2002.
(1B)
A District Court Judge must not sentence a defendant to a sentence of home detention under this Part for non-payment of a fine unless—
(a)
a statement of means has been completed by the defendant within the immediately preceding 14 days; and
(b)
the defendant is before a District Court Judge; and
(c)
the defendant’s last completed statement of means has been considered by the District Court Judge; and
(d)
a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
(e)
the Judge is satisfied of the matters in section 80A(2)(a) of the Sentencing Act 2002; and
(f)
the Judge is satisfied that all other methods of enforcing the fine, other than the issue of a warrant of commitment, have been considered or tried and that they are inappropriate or unsuccessful; and
(g)
the Judge is satisfied that the defendant has the means to pay the fine.
Section 106E(3): insert “imposes a sentence of home detention or”
after “Before a District Court Judge”
.
Section 106E(7): omit “subsection (1) or subsection (2)”
and substitute “subsections (1), (1A), (1B), or (2)”
.
Section 124(3): insert “intensive supervision, community detention, or home detention,”
after “supervision,”
.
Section 137(1)(a): omit “supervision or community work”
and substitute “supervision, intensive supervision, community work, community detention, or home detention”
.
Section 137(2)(a): omit “supervision or community work”
and substitute “supervision, intensive supervision, community work, community detention, or home detention”
.
Section 137(3)(a): omit “supervision or community work”
and substitute “supervision, intensive supervision, community work, community detention, or home detention”
.
Section 47: omit “47(1) to (3)”
and substitute “48A, 48B”
.