107RCPeriodic reviews of certain special conditions imposed concurrently on offender

1. This section applies if at any time there is imposed concurrently on an offender who is subject to an extended supervision order—

2. a special condition requiring the offender to participate in a programme (referred to in section 15(3)(b)); and
3. 1 or both of the following special conditions that require the offender to reside with, or result in the offender residing with, the provider of the programme:
   1. a condition referred to in section 15(3)(a) relating to the offender’s place of residence:
   2. a condition referred to in section 15(3)(ab) relating to residential restrictions.

4. The Board must review the conditions at least once every 2 years during the period when the conditions are concurrently imposed on the offender.

5. Before a review under this section,—

6. the chief executive must make a recommendation to the Board on whether—
   1. all of the conditions are still appropriate; or
   2. 1 or more of the conditions should be discharged or varied and, if applicable, how those conditions should be discharged or varied; and
7. the Board must advise the offender that a review is to take place and that the offender may make a written submission to the Board; and
8. the Board may seek any other relevant information from any other person it considers has, or may have, an interest in the review.

9. The review may be determined without the Board hearing from any person, unless the Board—

10. wishes to hear from any person orally; or
11. is contemplating making the conditions more onerous, in which case the Board must give the offender an opportunity to appear before the Board.

12. In determining whether to confirm, discharge, or vary any of the conditions, the Board must consider all relevant matters, including whether the condition requiring the offender to participate in a programme—

13. continues to offer the offender rehabilitation and reintegration that reduce the risk of further offending by the offender (see section 15(3)(b)); and
14. does not require that the offender be, or result in the offender being, supervised, monitored, or subject to other restrictions, for longer each day than is necessary to ensure the offender’s attendance at classes or participation in other activities associated with the programme (see section 107K(3)(bb)(i)).

15. Section 58(4) applies if the Board directs the variation or discharge of any of the conditions.

16. If time ceases to run on the offender’s extended supervision order for a period under section 107P, the time for completing a review under subsection (2) is extended for the same period.