State and Territory laws providing for leave of absence, pre‑release etc. to apply to federal offenders
19AZD State and Territory laws providing for leave of absence, pre‑release etc. to apply to federal offenders
A law of a State or Territory providing for a State or Territory offender to be granted leave of absence from prison, including leave of absence granted by order of a court, applies to a federal offender who is serving a sentence in that State or Territory as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.
A law of a State or Territory providing for a State or Territory offender imprisoned in that State or Territory to be released:
up to 24 hours before the time at which his or her sentence would otherwise have ended; or
where the release day falls on a Saturday, a Sunday or a day which is a public holiday—on the last day before such a day which is not a Saturday, a Sunday or a public holiday;
applies to a federal offender who is serving a sentence in that State or Territory as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.
A law of a State or Territory providing for a State or Territory offender to be released from prison under a pre‑release permit scheme (however called) that is prescribed for the purposes of this subsection, applies to a federal offender who is serving a sentence in that State or Territory, subject to any conditions relating to eligibility to participate that are specified in the regulations that prescribe that scheme, as if the federal offender were a State or Territory offender serving an equivalent State or Territory sentence in that State or Territory.
This provision refers to the regulations (specified in the regulations
). Made under this Act:
- Crimes Regulations 2019 · under s 91
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