South Australian Current Acts South Australian Current Acts68—Conditions of release on parole
(1) The release on
parole of a prisoner serving a sentence of life imprisonment—
(a) is
subject to each of the following conditions:
(i)
a condition prohibiting the prisoner from committing any
offence;
(ia) a
condition that the prisoner not possess a firearm or ammunition (both within
the meaning of the Firearms Act 2015 ) or any part of a firearm;
(ii)
a condition prohibiting the prisoner from possessing an
offensive weapon unless the Board permits the prisoner to possess such a
weapon and the prisoner complies with the terms and conditions of the
permission;
(iii)
until the expiration of the period of parole (or for such
lesser period as may be specified by the Board)—a condition that the
prisoner must—
(A) be under the supervision of a
community corrections officer; and
(B) obey the reasonable directions of the
community corrections officer; and
(C) submit to such tests (including testing
without notice) for gunshot residue as the community corrections officer may
reasonably require; and
(b) may
be subject to any other condition to be effective until the expiration of the
period of parole (or such earlier date as is specified by the Board),
including a condition that, for the period of up to 1 year commencing on
the day on which the prisoner is released, the prisoner must—
(i)
reside at specified premises (including premises declared
under this Act to be a probation and parole hostel or a prison); and
(ii)
undertake at specified places such activities and
programs as determined by the Board from time to time to assist in the
reintegration of the prisoner into the community.
(1aaa) In addition,
the Board must consider imposing a condition on the release on parole of a
prisoner serving a sentence of life imprisonment that the prisoner be
monitored by use of an electronic device to be effective until the expiration
of the period of parole (or such earlier date as is specified by the Board).
(1aa) The release on
parole of a prisoner (other than a prisoner serving a sentence of life
imprisonment)—
(a) is
subject to each of the following conditions:
(i)
a condition prohibiting the prisoner from committing any
offence;
(ii)
a condition prohibiting the prisoner from possessing an
offensive weapon unless the Board permits the prisoner to possess such a
weapon and the prisoner complies with the terms and conditions of the
permission;
(iii)
until the expiration of the period of parole (or such
earlier date as is specified by the Board)—a condition that the prisoner
must—
(A) be under the supervision of a
community corrections officer; and
(B) obey the reasonable directions of the
community corrections officer; and
(i)
in the case of a prisoner released under
section 66—is subject to the prescribed conditions; and
(ii)
in all cases—may be subject to any other condition
(including a condition that the prisoner be monitored by use of an
electronic device) to be effective until the expiration of the period of
parole (or such earlier date as is specified by the Board).
(1a) If the prisoner
was sentenced to imprisonment for a child sexual offence, the Board must
consider imposing the following conditions on the release of the prisoner:
(a) a
condition preventing the prisoner from loitering, without reasonable excuse,
at or in the vicinity of a school, public toilet or place at which children
are regularly present while children are present at the school, toilet or
place;
(b) a
condition preventing the prisoner from engaging in remunerative or voluntary
work with children or at a place used for the education, care or recreation of
children;
(c) a
condition preventing the prisoner from providing or offering to provide
accommodation to a child who is not related to the prisoner by blood or
marriage or of whom the prisoner does not have lawful custody;
(d) a
condition requiring the prisoner, on making an application for employment, to
provide the prospective employer with a report about the prisoner's criminal
history;
(e) a
condition requiring the prisoner to be monitored by use of an
electronic device.
(1ab) If the Board is
satisfied that a prisoner will not, on their release on parole, be undertaking
remunerative or voluntary work or a course of education, training or
instruction, the Board must consider imposing a condition on that release to
be effective until the expiration of the period of parole (or such earlier
date as is specified by the Board) that the prisoner perform community service
as determined by the Board.
(1ac) If a person
subject to a parole condition requiring performance of community service is
sentenced to imprisonment for an offence (whenever committed) or for
non-payment of a pecuniary sum or is returned to prison under this Division,
the parole condition will be taken to have been revoked.
(1b) The paramount
consideration of the Board when fixing conditions to which the release of a
prisoner on parole will be subject must be the safety of the community.
(2) The Board must
also take the following matters into consideration when fixing conditions to
which the release of a prisoner on parole will be subject:
(a) any
remarks made by the court in passing sentence; and
(b) the
likelihood of the prisoner complying with the conditions; and
(c) the
circumstances and gravity of the offence, or offences, for which the prisoner
was sentenced to imprisonment; and
(ca) if,
in relation to an offence for which the prisoner was imprisoned, there is a
registered victim—the impact that the release of the prisoner on parole
is likely to have on the registered victim and the registered victim's family;
and
(cb) in
the case of a prisoner who is serving a sentence of life imprisonment where
the Board is informed of the impact that the release of the prisoner on parole
is likely to have on a victim of an offence for which the prisoner was
imprisoned (other than a registered victim) and the victim's family—that
impact; and
(d) the
behaviour of the prisoner while in prison or on home detention; and
(e) the
behaviour of the prisoner during any previous release on parole; and
(f) any
reports tendered to the Board—
(i)
on the social background, or the medical, psychological
or psychiatric condition, of the prisoner;
(ii)
from community corrections officers or other officers or
employees of the Department; and
(g) the
probable circumstances of the prisoner after release from prison or
home detention; and
(h) any
other matters that the Board thinks are relevant.
(3) Information as to
the impact referred to in subsection (2)(ca) or (cb) may be provided
to the Board by the registered victim, other victim or family member (as the
case requires) or on their behalf by the Commissioner for Victim's Rights.
(4) Despite any other
provision of this Division but subject to subsection (4a), a prisoner
must not be released on parole unless the prisoner has accepted in writing the
conditions to which the parole will be subject.
(4a) If, in the
opinion of the CE, a prisoner is unreasonably refusing to accept the
conditions to which the prisoner's parole will be subject, or is unable to
accept them due to a physical or cognitive impairment—
(a) the
CE may accept the conditions on behalf of the prisoner; and
(b) the
prisoner will be taken to have accepted the conditions from the date of
acceptance by the CE.
(5) If the parole
conditions of a prisoner who is to be released under section 66 are not
accepted by or on behalf of the prisoner, the Board—
(a) must
review the circumstances of the prisoner at intervals of not less than
3 months or more than 12; and
(b) may,
if the parole conditions will now be accepted by or on behalf of the prisoner,
order the release of the prisoner on that acceptance.
(6) For the purposes
of subsection (1aa)(b)(i), the presiding member of the Board must
determine from time to time a set of conditions to which release on parole
under section 66 will be subject.
(7) The presiding
member of the Board must ensure that an up to date copy of the
prescribed conditions is published in the Gazette and on a website determined
by the presiding member.
(8) In this
section—
"prescribed conditions" means the conditions determined by the presiding
member of the Board under subsection (6).