Extended Supervision Orders (ESOs)
An extended supervision order (ESO) imposes an extended period of supervision with conditions for high-risk sex offenders and high-risk violence offenders under the Crimes (High-Risk Offenders) Act 2006 (NSW).
ESOs can only be applied to specific high-risk sex and violence offenders. Because their crimes have a significant impact on victims, victims’ families and our communities,
The purpose of an ESO is to ensure that the individual is monitored and supervised in the community for a period of time after their release from custody.
In making an ESO, the Supreme Court must be satisfied with the high probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision.
ESOs Application
An application may not be made until the last nine months of the offender’s current custody or supervision.
An ESO can be applied for up to a maximum period of five years and can be renewed by the court on its expiry.
After granted ESOs
If the Supreme Court grants an extended supervision order, the person will be subject to supervision by the authorities for the duration of the order. This may include particular requirements such as wearing an ankle bracelet, residing at a specified address, not going within a certain distance of a school or park, engaging in rehabilitation or not using illicit drugs.
Conditions may be imposed on ESOs
Under section 11, conditions that may be imposed on a supervision order include:
- to permit any corrective services officer to visit/enter the offender at their residential address at any time,
- to permit any corrective services officer to access any computer or related equipment that is at the offender’s residential address or in the possession of the offender,
- to make periodic reports to a corrective services officer,
- to notify a corrective services officer of any change in their address,
- to participate in treatment and rehabilitation programs,
- to wear electronic monitoring equipment,
- to reside at an address approved by the Commissioner of Corrective Services,
- not to reside in or resort to specified locations or classes of locations,
- not to associate or make contact with specified persons or classes of persons,
- not to engage in specified conduct or classes of conduct,
- not to engage in specified employment or classes of employment, or
- not to change their name.
- The ESO has more than 40 conditions, including wearing an electronic monitoring bracelet, attending drug and alcohol rehabilitation, and notifying her supervisor of any significant change in her appearance, including the acquisition of any new wig, and to be photographed after any such change.
- In NSW, an application can be made for an extended supervision order for certain offenders following the conclusion of a term of imprisonment.
Breach ESOs
Failing to comply with the requirements of an extended supervision order or interim supervision order is guilty of an offence. The maximum penalty is 500 penalty units or imprisonment for five years, or both.
Appeal ESOs
When an order is made, a party can appeal against the decision to the Supreme Court of the Court of Criminal Appeal within 28 days after the date the order was made. If you are out of time, you must seek the court’s leave to appeal. Once an appeal is made, the existing order continues and will continue in force until the appeal is determined.
An appeal can be filed by the person subject to an extended supervision order or by the State.
Revocation or Variation of EDOs
An application may be made to the Supreme Court to have an order varied or revoked. This application can be made by the state or the person subject to the order.
The Supreme Court will review the grounds of the application and any evidence relied on. It will hear submissions from each party before deciding the application and determining whether to vary or revoke the extended detention order.
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