Under the Criminal Law (High Risk Offenders) Act 2015 (SA), serious sexual offenders and serious violent offenders may be liable to extended supervision and possibly detention after their term of imprisonment or parole period has expired.
The Act does not apply to youth (a person under the age of 18) [s 6], except where the person is a terror suspect, in which case the Act applies if they are aged 16 years or over [s 6(2)].
A serious offence of violence means a serious offence where the conduct constituting the offence involves:
A serious sexual offence means any of the following offences where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years:
A high risk offender is:
Extended Supervision Orders
The Attorney General can apply to the Supreme Court for an Extended Supervision Order to a person who is a high risk offender [s 7(1) Criminal Law (High Risk Offenders) Act 2015 (SA)].
The application has to be made within 12 months of the end of the person’s sentence (including on release or parole or home detention) or extended supervision order or after the sentence is wholly satisfied (for life imprisonment) [s 7(2)].
The Supreme Court has to consider at least one report from a medical practitioner including assessment on the person’s likelihood of re-offending with similar offences [s 7(3)]. The Supreme Court’s main determination must be based on the safety of the community [ss 7(5), 7(4)(b)].
Extended Supervision Orders can last for 5 years and further orders can be made following this time [see s 12].
Extended Supervision Orders include conditions that the person not commit further offences, not possess any firearms or ammunition, or offensive weapons [see ss 10(1)(a)-(c)]. A person under an order is under the supervision of a community corrections officer and has to submit to tests for gunshot residue as the officer requires [s 10(1)(d)]. Other conditions can be imposed by the Court and these conditions can also be varied by the Court [see ss 10(1)(e),10(3)-(4)].
The Parole Board can also impose conditions on people under extended supervision orders including in relation to requiring electronic monitoring, requiring the person to live at a certain address, undertake programs or activities, preventing communication with certain people, and various other conditions [see ss 10(2), 11].
Continuing Detention Orders
A Continuing Detention Order can be made by the Supreme Court if the supervision order is breached, and the Court considers that the person ‘poses an appreciable risk to the safety of the community if not detained in custody’' [s 18(2)].
The order is made ‘until the expiration of the supervision order, or for such lesser period as may be specified by the Court’ [s 18(2)(b)].