Depending on certain circumstances a youth can be detained at home on home detention, if granted, or secure care (a youth training centre).
The Kurlana Tapa Youth Training Centre located at Cavan provides secure care for males and females aged 10 to 18 years on detention orders imposed by the court or on remand awaiting a hearing.
Shortly after arriving at the Centre a panel draws up an individual program for each youth. This usually covers matters such as education, workshop training, recreational interests and family and community involvement. The youth's progress and circumstances must be reviewed at least every 6 months by the Training Centre Review Board [Young Offenders Act 1993 (SA) s 39].
An employee of a training centre must not place a spit hood on the head of a young person. It is a criminal offence with a maximum penalty of imprisonment for 2 years [Youth Justice Administration Act 2016 (SA) s 33A].
The Training Centre Review Board may, with certain conditions, authorise a youth's release before the full term of detention is served. This is known as conditional release [Young Offenders Act 1993 (SA) s 41A]. Two-thirds of the sentence must be served before the youth is eligible for early release. However, if the Training Centre Review Board (on its own initiative) releases a youth to home detention under section 41B the provision requiring that two-thirds of the sentence have been served does not apply [s 41A(3a)].
The following conditions will apply to a youth on their release [see s 41A(2)(c)]:
The Training Centre Review Board may also make it a condition of release that the youth surrender any firearm, ammunition (or ammunition part) owned or possessed by the youth [s 42A].
If any of the conditions are breached the youth may be returned to the training centre to serve out the remainder of the original detention order [s 41C].
A young offender who is a recidivist young offender is ineligible for conditional release until they have served at least four-fifths of their sentence [s 41A(3)(a)] (see also Sentencing by the Youth Court). However, if the Training Centre Review Board (on its own initiative) releases a recidivist young offender to home detention under section 41B, the provision requiring that four-fifths of the sentence have been served does not apply [s 41A(3a)].
Specific provisions also apply in relation to the release of young offenders who are considered to be terror suspects (as defined in s 4(1), (4) of the Young Offenders Act 1993 (SA)) [see Young Offenders Act 1993 (SA) s 43].
Most youths who do not pay fines are given the option of undertaking a work program on a non-residential basis instead of being placed in secure care.
A youth who has turned 18 may apply to the Youth Court to be transferred to an adult prison [Young Offenders Act 1993 (SA) s 63(2)]. The Court will only approve the transfer if satisfied that a prison would be an appropriate place for that person to be held for the remainder of their sentence [s 63(3)].
The Chief Executive may apply to the Youth Court for an order that a youth who is 17 years or older be transferred to a prison for the remainder of their sentence [s 63(4)]. The Court must not make such an order unless satisfied that the person who is the subject of the application [s 63(5)]: