Statutes Amendment (Home Detention) Act 2016 (SA)

South Australia

Statutes Amendment (Home Detention) Act 2016

An Act to amend the Criminal Law (Sentencing) Act 1988; the Correctional Services Act 1982; and the Young Offenders Act 1993.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Home Detention) Act 2016.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Section 20AA(1), definition of serious firearm offence, (e)—after subparagraph (ii) insert:

1. (iia)

   is serving a sentence of imprisonment on home detention under a home detention order subject to the condition imposed by section 33BC(1)(d); or

Section 30(1)—after "sentence" second occurring insert:

under Part 5

Part 3—after Division 3 insert:

Division 3A—Home detention

33BA—Preliminary

In this Division—

home detention officer means a home detention officer appointed by the Minister for Correctional Services under Part 4 Division 6A of the Correctional Services Act 1982;

home detention order—see section 33BB(1);

residence includes, if the defendant is an Aboriginal person, any place specified by the Court as the person's residence.

33BB—Home detention orders

1. (1)

   Subject to this section, if—

   1. (a)

      a court has imposed a sentence of imprisonment on a defendant; and

   2. (b)

      the court considers that the sentence should not be suspended under Part 5; and

   3. (c)

      the court considers that the defendant is a suitable person to serve the sentence on home detention,

the court may suspend the sentence under this Division and order that the defendant serve the sentence on home detention (a home detention order).

1. (2)

   A home detention order—

   1. (a)

      must not be made—

      1. (i)

         unless the court is satisfied that the residence the court proposes to specify in its order is suitable and available for the detention of the defendant and that the defendant will be properly maintained and cared for while detained in that place; or

      2. (ii)

         if the defendant is being sentenced to a sentence of imprisonment that is to be served cumulatively on another term of imprisonment, or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; and

   2. (b)

      should not be made if the court is not satisfied that adequate resources exist for the proper monitoring of the defendant while on home detention by a home detention officer.

2. (3)

   The paramount consideration of the court when determining whether to make a home detention order must be the safety of the community.

3. (4)

   The court must also take the following matters into consideration when determining whether to make a home detention order:

   1. (a)

      the impact that the home…