Parole Act 2002

Extended supervision orders - Application for, and making of extended supervision orders

107F: Chief executive may apply for extended supervision order

You could also call this:

"The boss of a government department can ask a court to keep a close eye on someone who has committed a crime."

Illustration for Parole Act 2002

The chief executive can ask the court for an extended supervision order for you if you are an eligible offender. This can happen when you are in prison, or when you are already under an extended supervision order. It can also happen if you are a person described in section 107C(1)(b) and you have just arrived in New Zealand, or if you are a person described in section 107C(1)(c) or (d) and you are under release conditions from the Returning Offenders (Management and Information) Act 2015. When the chief executive asks the court for an extended supervision order, they must give the court a report from a health assessor, as defined in section 4 of the Sentencing Act 2002. The health assessor's report must say whether you have certain traits or behaviours, and if you are likely to commit another offence, as described in section 107IAA(1) or section 107IAA(2). The health assessor can look at what you or others have said about your behaviour, even if it was not a crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139622.


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Part 1AExtended supervision orders
Application for, and making of extended supervision orders

107FChief executive may apply for extended supervision order

  1. The chief executive may apply to the sentencing court for an extended supervision order in respect of an eligible offender,—

  2. where the offender is subject to a sentence of imprisonment, at any time before the later of—
    1. the sentence expiry date of the sentence to which the offender is subject that has the latest sentence expiry date, regardless of whether that sentence is for a relevant offence; and
      1. the date on which the offender ceases to be subject to any release conditions; or
      2. where the offender is subject to an extended supervision order, at any time before the expiry of the order; or
        1. where the offender is a person described in section 107C(1)(b), at any time within 6 months of the person’s arrival in New Zealand; or
          1. where the offender is a person described in section 107C(1)(c) or (d), at any time before the end of the period for which the offender is subject to release conditions under the Returning Offenders (Management and Information) Act 2015.
            1. An application under this section must be accompanied by a report by a health assessor (as defined in section 4 of the Sentencing Act 2002).

            2. Every health assessor’s report must address one or both of the following questions:

            3. whether—
              1. the offender displays each of the traits and behavioural characteristics specified in section 107IAA(1); and
                1. there is a high risk that the offender will in future commit a relevant sexual offence:
                2. whether—
                  1. the offender displays each of the behavioural characteristics specified in section 107IAA(2); and
                    1. there is a very high risk that the offender will in future commit a relevant violent offence.
                    2. To avoid doubt, in addressing any matter to be referred to in the health assessor's report, the health assessor may take into account any statement of the offender or any other person concerning any conduct of the offender, whether or not that conduct constitutes an offence and whether or not the offender has been charged with, or convicted of, an offence in respect of that conduct.

                    Notes
                    • Section 107F: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
                    • Section 107F(1): replaced, on , by section 11(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
                    • Section 107F(1)(c): amended, on , by section 35(4) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).
                    • Section 107F(1)(d): inserted, on , by section 35(5) of the Returning Offenders (Management and Information) Act 2015 (2015 No 112).
                    • Section 107F(2): replaced, on , by section 11(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
                    • Section 107F(2A): inserted, on , by section 11(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
                    • Section 107F(3): added, on , by section 57 of the Parole Amendment Act 2007 (2007 No 28).
                    • Section 107F(3): amended, on , by section 11(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).