South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 38

38—Release of prisoner from prison or home detention

        (1)         Subject to this Act, a prisoner (other than a remand prisoner) will be released from the correctional institution in which the prisoner is being detained on the day on which the prisoner's sentence of imprisonment expires, unless released earlier under any other provision of this Act, or under any other Act or law.

        (2)         Subject to subsection (3), the CE may, by instrument in writing, authorise the release of a prisoner from prison or from home detention on any day during the period of 30 days preceding the day on which the prisoner is due, or would have been due, to be released from prison pursuant to any other provision of this Act.

        (3)         Subsection (2) does not apply in relation to a prisoner who is serving a term of imprisonment for default in payment of a pecuniary sum.

        (3a)         If—

            (a)         the Board orders the release of a prisoner from prison or home detention on parole on a specified date; and

            (b)         pursuant to subsection (2), the CE authorises the release of the prisoner before that specified date,

the release of the prisoner on the authority of the CE will be on parole subject to the conditions imposed under this Act.

        (4)         In this section—

"pecuniary sum" has the same meaning as in the Sentencing Act 2017 .