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StatuteSentencing Act 2002

Section 93 — Sentencing Act 2002: Imposition of conditions on release of offender sentenced to imprisonment for short term

Text of the provision Official document

93 Imposition of conditions on release of offender sentenced to imprisonment for short term (1) A court that sentences an offender to a term of imprisonment of 12 months or less may impose the standard conditions and any special conditions on the offender and, if it does so, must specify when the conditions expire. (2) If a court sentences an offender to a term of imprisonment of more than 12 months but not more than 24 months,— (a) the standard conditions apply to the offender until the sentence expiry date, unless the court specifies otherwise; and sections 94 , 95 , and 96 apply as if the standard conditions had been imposed by order of the court; and (b) the court may at the same time impose any special conditions on the offender and, if it does so, must specify when the conditions expire. (2A) The court may specify that conditions imposed under this section expire on— (a) the sentence expiry date; or (b) the date that is a specified period before the sentence expiry date; or (c) the date that is a specified period of up to 6 months after the sentence expiry date. (2AA) (2B) In this section,— sentence expiry date has the meaning given to it in section 4 of the Parole Act 2002 special conditions includes, without limitation, conditions of a kind described in section 15(3) of the Parole Act 2002 , other than an electronic monitoring condition as referred to in section 15(3)(f) of that Act, or a residential restriction condition as referred to in section 15(3)(ab) of that Act standard conditions means the conditions set out in section 14(1) of the Parole Act 2002 . (3) A special condition must not be imposed unless it is designed to— (a) reduce the risk of reoffending by the offender; or (b) facilitate or promote the rehabilitation and reintegration of the offender; or (c) provide for the reasonable concerns of victims of the offender. (4) 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. (5) If a court sentences an offender to a term of imprisonment of more than 24 months, it must not impose conditions on the offender's release from imprisonment (and section 18(2) of the Parole Act 2002 applies). (6) A court must not impose conditions on an offender's release from imprisonment if— (a) the court sentences an offender to an indeterminate sentence of imprisonment; or (b) the court sentences an offender to imprisonment who is already subject to an indeterminate sentence of imprisonment. (7) [Repealed] (8) If the court sentences the offender to more than 1 term of imprisonment on the same occasion,— (a) only 1 order under this section may be made; and (b) that order applies in respect of all the sentences of imprisonment imposed on that occasion. Subsections (1) and (2) were substituted, as from 7 July 2004, by section 9(1) Sentencing Amendment Act 2004 (2004 No 68). Subsections (2A) and (2B) were inserted, as from 7 July 2004, by section 9(1) Sentencing Amendment Act 2004 (2004 No 68). Section 93(2B) special conditions : amended, on 1 October 2007, by section 49(4) of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (7) was repealed, as from 7 July 2004, by section 9(2) Sentencing Amendment Act 2004 (2004 No 68).

Official source: legislation.govt.nz

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