Section 80D — Sentencing Act 2002: Special conditions of sentence of home detention

80D Special conditions of sentence of home detention (1) In addition to the standard conditions that apply under section 80C , the court may, subject to subsections (2), (3), and (7), impose 1 or more special conditions described in subsection (4). (2) A court may impose any of the special conditions described in subsection (4) if the court is satisfied that— (a) there is a significant risk of further offending by the offender; and (b) standard conditions alone would not adequately reduce the risk; and (c) the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender. (3) A court may only impose a condition of the kind described in subsection (4)(d) (which relates to judicial monitoring) if it is also satisfied that, because of the special circumstances of the offender, this is necessary to assist the offender's compliance with the sentence. (4) The special conditions referred to in subsection (1) or (2) are— (a) any conditions that the court thinks fit relating to the offender's finances or earnings: (b) conditions requiring the offender to take prescription medication: (c) conditions relating to a programme: (d) a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B as directed by a probation officer or the sentencing Judge: (e) any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender. (5) For the purposes of subsection (4), programme has the same meaning as in section 54H . (6) No court may impose a condition under this section that— (a) the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or (b) the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work. (7) No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender— (a) has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and (b) consents to taking the prescription medication. (8) An offender does not breach his or her detention conditions for the purposes of section 80S if he or she withdraws consent to taking prescription medication; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of home detention under section 80F . Section 80D: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).