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New Zealand law explained for everyone

Corrections Act 2004

Corrections system - Establishment and operation of prisons - Temporary release from custody and temporary removal of prisoners

62: Temporary release from custody or temporary removal from prison

You could also call this:

"Leaving prison for a short time to help you prepare for life outside"

If you are a prisoner, you might be able to leave prison for a short time. This can happen if you are part of a group of prisoners that the government says can be temporarily released. You can be released from custody or removed from prison, but still be supervised by an officer. The person in charge of corrections can decide to let you out of prison for a short time. They can do this if it will help you become a better person and live a good life when you get out of prison. They can also let you out if it is kind to you or your family, or if it will help with justice. When making this decision, the person in charge must think about whether letting you out will put others in danger.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295478.

Topics:
Crime and justice > Criminal lawCrime and justice > Victim supportGovernment and voting > Government departments
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63: Temporary release from custody, or

"Getting out of prison for a short time with rules to follow"

Part 2Corrections system
Establishment and operation of prisons: Temporary release from custody and temporary removal of prisoners

62Temporary release from custody or temporary removal from prison

  1. This section applies to every prisoner who is a member of a class of prisoners specified in regulations made under this Act as a class of prisoners who may be—

  2. temporarily released from custody under this section; or
    1. temporarily removed from prison under this section while remaining in custody under the control or supervision of an officer, staff member, or probation officer during the period of removal.

      1. The chief executive may give authority for the temporary release from custody or temporary removal from prison of a prisoner to whom this section applies—

      2. for any purpose specified in regulations made under this Act that the chief executive considers will facilitate the achievement of 1 or more of the following objectives:
        1. the rehabilitation of the prisoner and his or her successful reintegration into the community (whether through release to work (including self-employment), to attend programmes, or otherwise):
          1. the compassionate or humane treatment of the prisoner or his or her family:
            1. furthering the interests of justice; or
            2. in any circumstances that, in the opinion of the chief executive, are exceptional and that will facilitate the achievement of 1 or more of the objectives described in paragraph (a).

              1. In exercising the powers conferred by subsection (2), the chief executive must consider—

              2. whether the release or removal of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside the prison:
                1. the extent to which the prisoner should be supervised or monitored while outside the prison:
                  1. the benefits to the prisoner and the community of removal or release in facilitating the reintegration of the prisoner into the community:
                    1. whether removal or release would undermine the integrity of any sentence being served by the prisoner.

                      Compare
                      • 1954 No 51 ss 21(1), 21A(1)–(4), (6), (7)