Parole Authority

Home Detention Orders

Home detention is an alternative to full-time imprisonment where an offender is confined to an approved residence for specified periods of time for the duration of the sentence of imprisonment. Offenders who are subject to home detention orders are strictly supervised by Community Corrections and are subject to electronic monitoring. Prior to sentencing an offender to home detention, the court must first find that no penalty other than imprisonment is an appropriate penalty for the offence in question.

Home detention orders are limited to a maximum period of 18 months and an offender may not be subject to two or more home detention orders, to be served concurrently or cumulatively, where the date at which the new sentence will end is more than 18 months after the date on which it was imposed.  Parole periods can be provided as part of a home detention order. There are very specific criteria about who is eligible for home detention, dependent on both the nature of the offence and their criminal history.

Breaches

If an offender fails to comply with the conditions of the home detention order, Community Corrections prepares a breach report outlining the response to the order and a recommendation as to the type of action Community Corrections believe is appropriate for the Parole Authority to take.
 
Breaches may include failing to adhere to schedules, failing to attend appointments as directed, alcohol and/or drug use, or committing further offences.
 
The Authority can make a limited number of decisions in response to a breach of a home detention order. Some of these are legislated and some are utilised by the Authority in order to provide some “middle ground” between no action and returning an offender to custody.
 
The options available to the Authority are: 
  • Take no action and note the report
  • Stand the matter over – usually to follow court results or obtain updated information from Community Corrections
  • Issue a warning – in relation to compliance with the home detention order, drug use, alcohol use or court matters that have been finalised by way of a non-custodial penalty
  • Revoke the home detention order by issuing a warrant for the offender’s arrest and return to custody.