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118
Home detention as a sentencing option for early release
That where not presently available, home detention be provided both as a sentencing option available to courts as well as a means of early release of prisoners.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 118 was to provide home detention as a sentencing option and means of early release from prison. This was one of several recommendations the RCIADIC made to promote more flexible and culturally sensitive alternatives to imprisonment, particularly for Aboriginal people.
No actions were in place in Victoria to address this recommendation so there was no evidence of outcomes. Home detention, which allowed a person to serve a term of detention (up to one year) at their residence, was introduced in Victoria in 2004 but abolished in 2012. The Victorian Government’s justification for this decision was that it did not align with community expectations and had potential implications for public safety.
We found Recommendation 118 was still relevant as re-introduction of home detention would provide a valuable alternative to imprisonment and could be more effective in terms of rehabilitation as it would allow Aboriginal people to remain on Country and/or connected to community and kin.
Priority for Further Work:
High
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Reinstate home detention
Advocate for the reinstatement of home detention to enhance Aboriginal self-determination and community involvement in justice processes.
Evaluate the impacts of home detention
Evaluate the impact/s of home detention including on incarceration rates and rehabilitation outcomes
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) found limited usage of home detention for Aboriginal people due to legislative restrictions and the unique cultural and logistical challenges faced by Aboriginal communities. Proposed amendments aimed to address these deficiencies by reducing qualifying periods and allowing confinement to broader localities rather than specific residences, thereby making the scheme more accessible and culturally appropriate for Aboriginal people. This recommendation sought to ensure that home detention serves as a viable alternative to imprisonment, accommodating the special circumstances of Aboriginal communities through sensitivity and consultation.
Actions Taken Since Last Review
The Home Detention Program in Victoria was discontinued with the enactment of the Sentencing Amendment (Abolition of Home Detention) Act 2011 (Vic), following concerns that it was not aligning with community expectations for sentencing and public safety. Currently, Victoria does not offer a dedicated home detention scheme for early release. Instead, early release in Victoria is managed through parole and community-based orders, such as Community Correction Orders, which are used as alternatives to imprisonment.
While the Post-Sentence Supervision Scheme under the Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic) can incorporate home detention-like measures, including intensive supervision and electronic monitoring for high-risk offenders, home detention as a distinct option has not been reintroduced.
The focus has shifted towards using Community Correction Orders, which involve strict conditions like curfews and rehabilitation programs tailored to individual offenders. Parole and supervised release remain the primary means of managing reintegration, with conditions sometimes reflecting those of home detention.
Impact
Home detention is not a sentencing option for early release in Victoria.
The current approach emphasises Community Corrections Orders and parole rather than reinstating a standalone home detention scheme. These orders include conditions such as curfews and rehabilitation programs, which can serve similar functions to home detention in managing a person's reintegration.
Community Views
Ali Besiroglu, Victorian Aboriginal Legal Service
The reality is that when Aboriginal people are in prisons, the number one risk to them is dying in custody. That is a problem. We need to keep Aboriginal people out of prisons. We need to invest in justice reinvestment, in supports that ensure that we're addressing the underlying causes of offending as distinct from just out of sight, out of mind, policies and locking people away.
Aboriginal Justice Caucus
No actions were in place in Victoria to address this recommendation. Home detention, which allowed a person to serve up to 12 months of detention at their residence, was introduced in Victoria in 2004 but abolished in 2012.