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Corrections Act 2004

Corrections system - Offences - Offences against discipline

130: Offences committed by persons while on temporary release from custody under section 62

You could also call this:

"Breaking rules while on temporary release from prison"

Illustration for Corrections Act 2004

If you are on temporary release from custody under section 62, you commit an offence against discipline if you use any drug or drink alcohol without a medical officer's or health centre manager's permission. You also commit an offence if you break any conditions of your release while you are on temporary release. If you do something wrong while on temporary release, a complaint about it cannot be laid until you return to prison, but it can be laid after you return.

When you are back in prison, if a complaint is laid against you, it will be dealt with according to sections 133 to 140, and you will be treated as if you were a prisoner at the time the offence happened. This means you will face the same process as if you had committed the offence while you were in prison. You can read more about this in section 62 and sections 133 to 140.

If someone lays a complaint against you, you will have to follow the rules set out in the Act, just like you would if you were a prisoner when the offence happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296505.

Topics:
Crime and justice > Criminal law
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129: Offences by prisoners relating to drugs, alcohol, smoking, and vaping, or

"Rules for prisoners about drugs, alcohol, smoking, and vaping in prison"

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131: Attempting or aiding commission of offence against discipline, or

"Helping or trying to break prison rules can get you in trouble"

Part 2Corrections system
Offences: Offences against discipline

130Offences committed by persons while on temporary release from custody under section 62

  1. Every person commits an offence against discipline who, without the authority of a medical officer or health centre manager, uses any drug or consumes alcohol during any period while the person is on temporary release from custody under section 62.

  2. Every person commits an offence against discipline who is in breach of a condition imposed on his or her release during any period while the person is on temporary release from custody under section 62.

  3. No complaint alleging that a person has committed an offence against this section may be laid while that person is on temporary release from custody under section 62, but nothing in this subsection prevents the laying of a complaint of that kind once that person returns to prison.

  4. If a complaint is laid alleging an offence against this section, it must be determined in accordance with sections 133 to 140 and the person against whom the complaint is laid must be treated, for the purposes of this Act, as if he or she were a prisoner at the time when the act or omission alleged to constitute the offence occurred.

Compare
  • 1954 No 51 s 32A(2)–(4)
Notes
  • Section 130(1): amended, on , by section 35 of the Corrections Amendment Act 2013 (2013 No 5).