80. Referral to Home Detention Advisory Committee

There is to be a Home Detention Advisory Committee for one or more prisons, or more than one Home Detention Advisory Committee for one prison.

The Commissioner, or the Superintendent of a prison subject to the direction of the Commissioner, may refer any one or more of the following matters in relation to a prisoner of the prison to the Home Detention Advisory Committee for the prison:

if the prisoner is eligible to be released on home detention under section 53(1) of the Act — whether the Commissioner should make a home detention order under section 52 of the Act in respect of the prisoner;

if the prisoner is disqualified under section 53(1)(c) of the Act from being released on home detention, but satisfies the requirements mentioned in section 53(1)(a) and (b) of the Act —

whether the Minister should have the prisoner’s disqualification removed under section 53(2) of the Act; and

whether the prisoner should be released on a home detention order by the Commissioner under section 52 of the Act;

any other matter relating to the home detention scheme established under Part 6 of the Act.

The Committee must consider the matters referred to it under paragraph (2) and make a recommendation for the decision of the Minister or the Commissioner, as the case may be.

The Committee must, in making a recommendation to the Minister as to whether the Minister should remove a prisoner’s disqualification under section 53(2) of the Act, have regard to the factors in that provision.

There is to be a Home Detention Advisory Committee for one or more prisons, or more than one Home Detention Advisory Committee for one prison.

The Commissioner, or the Superintendent of a prison subject to the direction of the Commissioner, may refer any one or more of the following matters in relation to a prisoner of the prison to the Home Detention Advisory Committee for the prison:

if the prisoner is eligible to be released on home detention under section 53(1) of the Act — whether the Commissioner should make a home detention order under section 52 of the Act in respect of the prisoner;

if the prisoner is disqualified under section 53(1)(c) of the Act from being released on home detention, but satisfies the requirements mentioned in section 53(1)(a) and (b) of the Act —

whether the Minister should have the prisoner’s disqualification removed under section 53(2) of the Act; and

whether the prisoner should be released on a home detention order by the Commissioner under section 52 of the Act;

any other matter relating to the home detention scheme established under Part 6 of the Act.

The Committee must consider the matters referred to it under paragraph (2) and make a recommendation for the decision of the Minister or the Commissioner, as the case may be.

The Committee must, in making a recommendation to the Minister as to whether the Minister should remove a prisoner’s disqualification under section 53(2) of the Act, have regard to the factors in that provision.