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Parole Act 2002

Parole and other release from detention - Release - Release at statutory release date

18: Conditions applying to release at statutory release date

You could also call this:

"Rules you must follow when you leave prison on your scheduled release date"

Illustration for Parole Act 2002

When you are released from prison at your statutory release date, you have to follow certain conditions. If you were given a short-term sentence, you have to follow any conditions the court gave you for that sentence, unless certain other rules apply, like those in section 19. You can find more information about this in section 17.

If you were given a long-term sentence and you are released at your statutory release date, you have to follow standard release conditions for six months. The Parole Board can also give you special conditions for up to six months. The Board can stop some of the standard conditions if they think the special conditions are more important.

If you have an extended supervision order and you are released at your statutory release date, or released early under section 52, the Board can give you special conditions. The length of time you have to follow these conditions is decided by section 107L(2A).

If you are given a new short-term sentence while you are in prison, and this sentence is supposed to end after your statutory release date, you might have to follow the rules for a long-term sentence when you are released. You can find more information about this in the Corrections Act 2004, specifically section 179A.

When you are released, you are not subject to your release conditions until your statutory release date, but the time starts counting down from that date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138480.

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17: Release at statutory release date, or

"When you go to prison, you get out on your statutory release date, which is the latest day you can stay in prison."

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19: Special provision for offenders sentenced to short-term sentences while on parole, or

"Rules for people on parole who get a short sentence"

Part 1Parole and other release from detention
Release: Release at statutory release date

18Conditions applying to release at statutory release date

  1. An offender who is released under section 17 at the release date of a short-term sentence is, on release, subject to any release conditions imposed by the court on that sentence unless subsection (3) or section 19 applies.

  2. If an offender is released under section 17 at the release date of a long-term sentence,—

  3. the offender is subject to the standard release conditions for a period of 6 months from the offender's statutory release date; and
    1. the Board may impose any special conditions for a period of up to 6 months from the offender's statutory release date.

      1. Despite subsection (2)(a), if the Board imposes any special conditions on the offender that the Board considers incompatible with all or any of the standard release conditions, the Board may suspend the incompatible standard release conditions during the period in which those special conditions are in force, and time runs on the suspended conditions during that period.

      2. If an offender in respect of whom an extended supervision order is made is released at his or her statutory release date, or released early under section 52, the Board may impose special conditions, the duration of which are determined by section 107L(2A).

      3. If an offender who is subject to a long-term sentence is, while not on parole or compassionate release, sentenced within the year preceding his or her statutory release date to a short-term sentence whose release date is after that statutory release date, then, if the offender is released at the release date of the short-term sentence, that release date must be treated as if it were the release date of a long-term sentence.

      4. A prisoner to whom section 179A of the Corrections Act 2004 applies—

      5. is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but
        1. from the statutory release date the time begins to run on the prisoner’s release conditions.

          Compare
          Notes
          • Section 18(2): replaced, on , by section 8 of the Parole Amendment Act 2015 (2015 No 4).
          • Section 18(2AA): inserted, on , by section 14 of the Parole Amendment Act 2007 (2007 No 28).
          • Section 18(2A): replaced, on , by section 48 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
          • Section 18(4): added, on , by section 37 of the Corrections Amendment Act 2009 (2009 No 3).