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New South Wales
Compulsory Drug Treatment
Correctional Centre Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Drug Court Act 1998 No 150 2
4 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
5 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
Schedule 1 Amendment of Drug Court Act 1998 3
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 12
Schedule 3 Amendment of Crimes (Administration of Sentences)
Act 1999 13
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2004
New South Wales
Compulsory Drug Treatment
Correctional Centre Bill 2004
Act No , 2004
An Act to amend the Drug Court Act 1998, the Crimes (Sentencing Procedure)
Act 1999 and the Crimes (Administration of Sentences) Act 1999 to provide for
the compulsory treatment and rehabilitation of recidivist drug offenders; and for
related purposes.
Clause 1 Compulsory Drug Treatment Correctional Centre Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Compulsory Drug Treatment Correctional Centre
Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Drug Court Act 1998 No 150
The Drug Court Act 1998 is amended as set out in Schedule 1.
4 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out
in Schedule 2.
5 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as
set out in Schedule 3.
Page 2
Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Drug Court Act 1998 Schedule 1
Schedule 1 Amendment of Drug Court Act 1998
(Section 3)
[1] Section 3 Objects
Insert "and eligible convicted offenders" after "eligible persons" in
section 3 (1) (a).
[2] Section 3 (2)
Insert "in relation to eligible persons" after "objects".
[3] Section 3 (2A)
Insert after section 3 (2):
(2A) This Act achieves its objects in relation to eligible convicted
offenders by establishing a scheme for compulsory drug
treatment and rehabilitation for certain drug dependent
persons.
[4] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
Compulsory Drug Treatment Correctional Centre has the
same meaning as in Part 4A of the Crimes (Administration of
Sentences) Act 1999.
compulsory drug treatment detention means detention in
accordance with Part 4A of the Crimes (Administration of
Sentences) Act 1999.
compulsory drug treatment order means an order made under
section 18C.
eligible convicted offender is defined in section 5A.
[5] Section 5A
Insert after section 5:
5A Definition of "eligible convicted offender"
(1) A person is an eligible convicted offender if:
(a) the person is convicted of an offence, other than an
offence referred to in subsection (2), and
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 1 Amendment of Drug Court Act 1998
(b) the person has been sentenced to a term of
imprisonment for the offence to be served by way of
full-time detention and the unexpired non-parole period
in relation to that sentence is a period of at least
18 months but not more than 3 years, and
(c) the person has, in the 5-year period immediately before
the person was sentenced, been convicted, under a law
of this State or under a law of the Commonwealth or
another State or Territory or of another country, of at
least 3 other offences, not being offences arising out of
the same circumstances, that resulted in any one or
more of the following:
(i) a sentence of imprisonment (including a sentence
of imprisonment that was suspended),
(ii) the making of a community service order
(however described),
(iii) the entry into a good behaviour bond or
recognizance (however described), and
(d) in the opinion of the Drug Court, the person has a long-
term dependency on the use of prohibited drugs (within
the meaning of the Drug Misuse and Trafficking Act
1985) or other drugs prescribed by the regulations, and
(e) in the opinion of the Drug Court, the facts in connection
with the offence for which the person has been
sentenced, together with the person's antecedents and
any other information available, indicate that the
offence was related to the person's long-term drug
dependency and associated lifestyle, and
(f) the person satisfies such other criteria as are prescribed
by the regulations.
(2) A person is not an eligible convicted offender if the person
has been convicted at any time of the following:
(a) murder, attempted murder or manslaughter,
(b) sexual assault of an adult or child or a sexual offence
involving a child,
(c) any offence involving the use of a firearm,
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Drug Court Act 1998 Schedule 1
(d) any offence that, in the opinion of the Drug Court,
involves serious violence (such as malicious wounding
or assault with intent to do grievous bodily harm, but
not including common assault),
(e) an offence under section 23 (2), 24 (2), 25 (2), 26, 27 or
28 of the Drug Misuse and Trafficking Act 1985
involving a commercial quantity or large commercial
quantity of a prohibited plant or prohibited drug within
the meaning of that Act,
(f) any offence prescribed by the regulations for the
purposes of this section.
(3) A person is not an eligible convicted offender if, in the
opinion of the Drug Court:
(a) the person suffers from a mental condition, illness or
disorder that:
(i) is serious, or
(ii) leads to the person being violent, and
(b) the mental condition, illness or disorder could prevent
or restrict the person's active participation in a drug
treatment program.
[6] Part 2A
Insert after Part 2:
Part 2A Compulsory drug treatment detention
Division 1 Preliminary
18A Definitions
In this Part:
assessment report means a report prepared under Division 3.
multi-disciplinary team means a team comprised of:
(a) the Director of the Compulsory Drug Treatment
Correctional Centre (or a person nominated by the
Director), who is to be the team leader, and
(b) a probation and parole officer appointed by the
Commissioner of Corrective Services, and
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 1 Amendment of Drug Court Act 1998
(c) a person appointed by the Chief Executive Officer,
Corrections Health Service, and
(d) such other persons as are prescribed by the regulations.
offender's obligations under a compulsory drug treatment
order means the obligations that the offender has under
section 106C of the Crimes (Administration of Sentences)
Act 1999 as a consequence of the making of the order.
probation and parole officer has the same meaning as in the
Crimes (Administration of Sentences) Act 1999.
Division 2 Referral of eligible convicted offenders to
Drug Court
18B Courts to refer eligible convicted offenders to Drug Court
(1) This section applies to such courts as are prescribed by the
regulations.
(2) It is the duty of a court to which this section applies that
sentences a person to imprisonment or which, on determining
an appeal, confirms a sentence of imprisonment imposed on
the person by some other court (whether or not on the same
terms as the other court):
(a) to ascertain whether there are grounds on which the
Drug Court might find the person to be an eligible
convicted offender, and
(b) if so, to refer the person to the Drug Court to determine
whether the person should be the subject of a
compulsory drug treatment order.
(3) The duty imposed on a court by this section is to be exercised
as soon as practicable after the person is sentenced to
imprisonment or the appeal is dealt with.
(4) The registrar or clerk of a court that refers a person to the Drug
Court under this section must give to the registrar of the Drug
Court such documents and materials prescribed by the
regulations relating to the person as are requested by that
registrar.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Drug Court Act 1998 Schedule 1
Division 3 Making compulsory drug treatment orders
18C Compulsory drug treatment detention
The Drug Court may make an order directing that an eligible
convicted offender serve the offender's sentence of
imprisonment by way of compulsory drug treatment
detention.
18D Restriction on power of Drug Court to make compulsory drug
treatment orders
(1) The Drug Court must not make a compulsory drug treatment
order with respect to an offender's sentence of imprisonment
unless:
(a) the Drug Court has referred the offender to the multi-
disciplinary team for assessment as to the eligibility and
suitability of the offender for compulsory drug
treatment detention and has had regard to the contents
of the assessment report made by the team under
section 18E, and
(b) the Drug Court is satisfied:
(i) that the offender is of or above the age of 18
years, and
(ii) that the offender is an eligible convicted
offender, and
(iii) that the offender is a suitable person to serve the
sentence by way of compulsory drug treatment
detention, and
(iv) that it is appropriate in all of the circumstances
that the sentence be served by way of compulsory
drug treatment detention, and
(v) that there is accommodation available (or is
likely to be available within 14 days) at the
Compulsory Drug Treatment Correctional Centre
for the offender to serve the sentence by way of
compulsory drug treatment detention, and
(vi) that the offender's participation in the program
will not damage the program or any other
person's participation in it.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 1 Amendment of Drug Court Act 1998
(2) If the Drug Court declines to make a compulsory drug
treatment order in relation to an eligible convicted offender's
sentence on the ground that the offender's participation in the
program will damage the program or any other person's
participation in it (as referred to in subsection (1) (b) (vi)), the
Drug Court may:
(a) revoke any parole order made under section 50 of the
Crimes (Sentencing Procedure) Act 1999 in relation to
the offender, and
(b) notify the Parole Board of the decision to decline to
make the order and the circumstances in which it was
made.
(3) The Drug Court may, for any reason it considers sufficient,
decline to make a compulsory drug treatment order despite
the contents of an assessment report.
(4) No appeal lies against the Drug Court's decision to make or
not to make a compulsory drug treatment order.
18E Assessment of eligibility and suitability by the multi-
disciplinary team
(1) When an offender is referred to the multi-disciplinary team
for assessment, the multi-disciplinary team is to investigate
and report to the Drug Court on the matters referred to in
sections 5A and 18D (1) (b) (i)(vi).
(2) When assessing whether an offender is a suitable person to
serve a sentence by way of compulsory drug treatment
detention (being the ground referred to in section
18D (1) (b) (iii)), the multi-disciplinary team is to have regard
to the following matters:
(a) the offender's level of motivation and attitude to the
compulsory drug treatment program,
(b) the offender's drug treatment history,
(c) the likelihood that the offender will commit a domestic
violence offence (within the meaning of the Crimes Act
1900) during community custody (Stage 3) (within the
meaning of Part 4A of the Crimes (Administration of
Sentences) Act 1999),
(d) any other matter prescribed by the regulations.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Drug Court Act 1998 Schedule 1
(3) The regulations may make provision for or with respect to the
conduct of investigations and the preparation of reports for
the purposes of this Part.
18F Concurrent and consecutive sentences
(1) A compulsory drug treatment order may be made in respect of
two or more sentences of imprisonment that are being served
concurrently or consecutively (or partly concurrently and
partly consecutively).
(2) A reference in this Part to a sentence of imprisonment
includes a reference to two or more sentences of
imprisonment that are being served concurrently or
consecutively (or partly concurrently and partly
consecutively).
(3) A reference in section 5A (1) (b) to an unexpired non-parole
period in relation to a sentence includes a reference to a
cumulative unexpired non-parole period in relation to two or
more sentences of imprisonment that are being served
concurrently or consecutively (or partly concurrently and
partly consecutively).
Division 4 Miscellaneous
18G Effect of compulsory drug treatment order
A compulsory drug treatment order has the effect of:
(a) cancelling the warrant of commitment issued under
section 62 of the Crimes (Sentencing Procedure)
Act 1999 in relation to the offender, and
(b) revoking any parole order made under section 50 of the
Crimes (Sentencing Procedure) Act 1999 in relation to
the offender, and
(c) requiring the eligible convicted offender to comply
with the compulsory drug treatment personal plan to be
set for the person under section 106F of the Crimes
(Administration of Sentences) Act 1999.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 1 Amendment of Drug Court Act 1998
18H Explanation of compulsory drug treatment order to offender
(1) Before making a compulsory drug treatment order in relation
to an eligible convicted offender's sentence of imprisonment,
the Drug Court must ensure that all reasonable steps are taken
to explain to the offender (in language that the offender can
readily understand):
(a) the offender's obligations under the compulsory drug
treatment order, and
(b) the consequences that may follow if the offender fails to
comply with those obligations.
(2) A compulsory drug treatment order is not invalidated by a
failure to comply with this section.
18I Preparation and service of written notice of compulsory drug
treatment order
(1) As soon as practicable after making a compulsory drug
treatment order, the Drug Court must cause written notice of
the order to be given to the eligible convicted offender and to
the Commissioner of Corrective Services.
(2) A compulsory drug treatment order is not invalidated by a
failure to comply with this section.
18J Warrant of commitment
As soon as practicable after making a compulsory drug
treatment order, the Drug Court must issue a warrant for the
committal of the eligible convicted offender to the
Compulsory Drug Treatment Correctional Centre.
[7] Section 26 Court proceedings
Insert "or the Crimes (Administration of Sentences) Act 1999" after "this
Act" in section 26 (1).
[8] Section 26 (2) (b)
Omit "this Act and the regulations".
Insert "this Act, the Crimes (Administration of Sentences) Act 1999 and
any regulations made under those Acts".
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Drug Court Act 1998 Schedule 1
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Compulsory Drug Treatment Correctional Centre Act 2004
(but only to the extent that it amends this Act)
[10] Schedule 2
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provision consequent on enactment of
Compulsory Drug Treatment
Correctional Centre Act 2004
Compulsory drug treatment order may be made in relation to
certain existing inmates
(1) Subject to subclause (2), Part 2A does not apply to a person
who was sentenced before the commencement of this clause.
(2) The Drug Court may make a compulsory drug treatment order
in relation to a person who:
(a) was convicted of an offence, other than an offence
referred to in section 5A (2), and was sentenced to serve
a term of imprisonment by way of full-time detention
for that offence within the period of 12 months before
the commencement of this clause, and
(b) would be an eligible convicted offender if section
5A (1) (a) and (b) were disregarded,
but only if:
(c) the unexpired non-parole period in relation to that
sentence is a period of at least 18 months but not more
than 3 years at the time the Drug Court makes the order,
and
(d) the person would, but for the sentence of imprisonment,
be ordinarily a resident of a local government area
prescribed by the regulations.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999
Schedule 2 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 4)
[1] Section 3 Interpretation
Insert in alphabetical order in section 3 (1):
compulsory drug treatment detention means detention in
accordance with Part 4A of the Crimes (Administration of
Sentences) Act 1999.
Drug Court means the Drug Court of New South Wales
constituted under the Drug Court Act 1998.
[2] Part 2, Division 2, heading
Insert after section 4:
Division 2 Custodial sentences
[3] Section 5A
Insert after section 5:
5A Compulsory drug treatment detention
The Drug Court may make an order under Part 2A of the Drug
Court Act 1998 directing that an offender, who is an eligible
convicted offender within the meaning of that Act, serve a
sentence of imprisonment by way of compulsory drug
treatment detention.
[4] Part 2, Division 2, heading
Omit the heading occurring before section 6.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 3
Schedule 3 Amendment of Crimes (Administration of
Sentences) Act 1999
(Section 5)
[1] Section 3 Interpretation
Insert in alphabetical order in section 3 (1):
compulsory drug treatment detention means detention in
accordance with Part 4A.
compulsory drug treatment order means an order in force
under section 18C of the Drug Court Act 1998.
Drug Court means the Drug Court of New South Wales
constituted under the Drug Court Act 1998.
[2] Section 3 (1), definition of "offender"
Insert ", 4A" after "Part 3, 4".
[3] Section 3 (1), definition of "offender"
Omit "Part 3 or 4". Insert instead "Part 3, 4 or 4A".
[4] Part 4A
Insert after Part 4:
Part 4A Imprisonment by way of compulsory
drug treatment detention
Division 1 Preliminary
106A Definitions
In this Part:
community supervision order means an order by the Drug
Court that imposes conditions on the offender in relation to
the periods of time when the offender is not in the
Compulsory Drug Treatment Correctional Centre.
Note. See section 106O.
Compulsory Drug Treatment Correctional Centre means the
correctional centre given that name by a proclamation under
section 225.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 3 Amendment of Crimes (Administration of Sentences) Act 1999
Director or Director of the Compulsory Drug Treatment
Correctional Centre means the governor of that correctional
centre.
offender means a person in respect of whom a compulsory
drug treatment order is in force.
progression order means an order by the Drug Court that an
offender progress from one stage of compulsory drug
treatment detention to a higher stage.
Note. See sections 106D and 106M.
regression order means an order by the Drug Court that an
offender regress from one stage of compulsory drug treatment
detention to a lower stage.
Note. See sections 106D and 106M.
revocation order means an order by the Drug Court that
revokes an offender's compulsory drug treatment order.
Note. See section 106Q.
106B Objects of compulsory drug treatment
The objects of compulsory drug treatment are:
(a) to provide a comprehensive program of compulsory
treatment and rehabilitation under judicial supervision
for drug dependent persons who repeatedly resort to
criminal activity to support that dependency, and
(b) to effectively treat those persons for drug dependency,
eliminating their illicit drug use while in the program
and reducing the likelihood of relapse on release, and
(c) to promote the re-integration of those persons into the
community, and
(d) to prevent and reduce crime by reducing those persons'
need to resort to criminal activity to support their
dependency.
106C Obligations of offender
The obligations of an offender while serving a sentence by
way of compulsory drug treatment detention are:
(a) to comply with such requirements of this Part and the
regulations as apply to the offender, and
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 3
(b) to comply with the requirements of any compulsory
drug treatment personal plan applying to the offender
under this Part, and
(c) to comply with the provisions of any other Part of this
Act or the regulations applying to the offender under
section 106V.
106D Stages of compulsory drug treatment detention
(1) There are 3 stages of compulsory drug treatment detention:
(a) closed detention (Stage 1), and
(b) semi-open detention (Stage 2), and
(c) community custody (Stage 3).
(2) Under closed detention (Stage 1), the offender is to be kept in
full-time custody at the Compulsory Drug Treatment
Correctional Centre.
(3) Under semi-open detention (Stage 2), the offender is to be
kept in the Compulsory Drug Treatment Correctional Centre
and may be allowed to attend employment, training or social
programs outside the Centre (as specified in the offender's
compulsory drug treatment personal plan).
(4) Under community custody (Stage 3), the offender may reside
outside the Compulsory Drug Treatment Correctional Centre
at accommodation approved by the Drug Court under
intensive supervision.
(5) An offender allocated to, or by order progressed or regressed
to, a stage of detention is in that stage of detention.
106E Duration of compulsory drug treatment order
Unless sooner revoked, an offender's compulsory drug
treatment order expires:
(a) at the end of the term of the sentence to which it relates,
or
(b) when the offender is released on parole,
whichever occurs first.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 3 Amendment of Crimes (Administration of Sentences) Act 1999
Division 2 Administration of compulsory drug
treatment orders
Subdivision 1 Compulsory drug treatment personal
plans
106F Compulsory drug treatment personal plans
(1) The Commissioner must, as soon as practicable after the
making of a compulsory drug treatment order in relation to an
offender, prepare a plan that imposes conditions on the
offender regarding the offender's drug treatment and
rehabilitation during the period of operation of that order (the
offender's compulsory drug treatment personal plan).
(2) An offender's compulsory drug treatment personal plan
comes into operation when it is approved by the Drug Court.
(3) The Commissioner, when preparing a compulsory drug
treatment personal plan, must consult the Chief Executive
Officer, Corrections Health Service or the Chief Executive
Officer's delegate.
(4) The Drug Court may make recommendations to the
Commissioner regarding the conditions to be included in an
offender's compulsory drug treatment personal plan.
(5) A compulsory drug treatment personal plan may be approved
by the Drug Court in the absence of the offender in respect of
whom it is made.
(6) The kinds of conditions that may be imposed on an offender
in a compulsory drug treatment personal plan are as follows:
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to attendance for counselling or
other treatment,
(c) conditions relating to the management of the offender
in the Compulsory Drug Treatment Correctional
Centre,
(d) conditions relating to periodic drug testing that the
offender must undergo,
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 3
(e) conditions relating to involvement in activities,
courses, training or employment for the purpose of
promoting the re-integration of the offender into the
community,
(f) any other kinds of conditions that may be prescribed by
the regulations,
(g) such other conditions as the Commissioner considers
appropriate in the circumstances,
(h) such other conditions as the Drug Court considers
appropriate in the circumstances.
(7) The regulations referred to in subsection (6) (f) may deal with
the following:
(a) the form of compulsory drug treatment,
(b) the provision of integrated case management services to
the offender,
(c) the key elements of non-pharmacotherapy drug
treatment programs.
(8) The regulations may make provision for or with respect to the
following:
(a) the preparation and implementation of compulsory
drug treatment personal plans (including
comprehensive individual assessments of offenders
before the making of any such plans),
(b) the role and responsibilities of an offender under the
offender's compulsory drug treatment personal plan,
(c) the role and responsibilities of persons responsible for
the offender's care and treatment,
(d) ongoing review and regular updating of compulsory
drug treatment personal plans,
(e) informing the Drug Court of the contents of offenders'
compulsory drug treatment personal plans.
(9) The conditions of an offender's compulsory drug treatment
personal plan relating to periodic drug testing do not prevent
any random drug testing of the offender.
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 3 Amendment of Crimes (Administration of Sentences) Act 1999
106G Variation of conditions of personal plan
(1) The Commissioner may from time to time prepare a variation
to an offender's compulsory drug treatment personal plan that
adds new conditions to, or varies or revokes existing
conditions of, the plan.
(2) A variation of an offender's compulsory drug treatment
personal plan comes into effect when it is approved by the
Drug Court.
(3) The Commissioner, when preparing a variation to a
compulsory drug treatment personal plan, must consult the
Chief Executive Officer, Corrections Health Service or the
Chief Executive Officer's delegate.
(4) A variation to a compulsory drug treatment personal plan may
be approved by the Drug Court in the absence of the offender
in respect of whom it relates.
106H Mandatory conditions of all personal plans
It is a condition of each compulsory drug treatment personal
plan that the offender:
(a) must not use any drug other than a drug prescribed by a
registered medical practitioner or registered dentist, and
(b) must not resort to violence or make any threat of
violence, and
(c) must comply with any community supervision order
made in relation to the offender, and
(d) must not commit any further offences.
Note. The term drug is defined in section 3 of this Act to mean:
(a) a prohibited drug or prohibited plant within the meaning of the
Drug Misuse and Trafficking Act 1985, or
(b) any other substance declared by the regulations to be a drug for
the purposes of this Act.
106I Sanctions for non-compliance with personal plan
(1) If the Commissioner is satisfied that an offender has failed to
comply with any condition of the offender's compulsory drug
treatment personal plan, the Commissioner may impose any
one or more of the sanctions specified in subsection (2).
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 3
(2) The following kinds of sanctions may be imposed on an
offender under this section:
(a) withdrawal of privileges granted to the offender under
section 106J (2) (a),
(b) an increase in the level of the management of the
offender in the Compulsory Drug Treatment
Correctional Centre,
(c) an application to the Drug Court to vary any community
supervision order applying to the offender to increase
the level of supervision to which the offender is subject,
(d) an application to the Drug Court to vary the offender's
compulsory drug treatment personal plan to increase
the frequency with which the offender must undergo
periodic testing for drugs.
(3) The Commissioner must refer an offender to the Drug Court
if the Commissioner is of the opinion that the offender's
failure to comply with any condition of the offender's
compulsory drug treatment personal plan is of such a serious
nature that it might warrant the Drug Court making any of the
following:
(a) a regression order,
(b) a revocation order,
(c) a variation of any community supervision order
applying to the offender to increase the level of
supervision to which the offender is subject.
(4) Without affecting the other circumstances in which an
offender is taken to have failed to comply with his or her
compulsory drug treatment personal plan, if an offender is
charged before a court with an offence referred to in section
5A (2) of the Drug Court Act 1998:
(a) the offender is taken to have failed to comply with his
or her compulsory drug treatment personal plan and that
failure is taken to be of a serious nature, and
(b) the Commissioner must refer the offender to the Drug
Court.
(5) Nothing in this section prevents:
(a) the Commissioner from referring an offender to the
Drug Court for any other reason, or
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Compulsory Drug Treatment Correctional Centre Bill 2004
Schedule 3 Amendment of Crimes (Administration of Sentences) Act 1999
(b) the Drug Court from dealing with an offender as it sees
fit, including making any order under this Part.
106J Rewards for compliance with personal plan
(1) If the Commissioner is satisfied that an offender has
maintained a satisfactory level of compliance with the
offender's compulsory drug treatment personal plan, the
Commissioner may grant any one or more of the rewards
specified in this section.
(2) The following kinds of rewards may be granted to an offender
under this section:
(a) conferral of privileges,
(b) a decrease in the level of the management of the
offender in the Compulsory Drug Treatment
Correctional Centre,
(c) an application to the Drug Court to vary any community
supervision order applying to the offender to decrease
the level of supervision to which the offender is subject,
(d) an application to the Drug Court to vary the offender's
compulsory drug treatment personal plan to decrease
the frequency with which the offender must undergo
periodic testing for drugs.
106K No appeal from decisions of Drug Court or Commissioner
No appeal lies against the Drug Court or the Commissioner in
relation to any decision made by the Drug Court or the
Commissioner under this Subdivision.
Subdivision 2 Initial allocation and movement between
stages of compulsory drug treatment
detention
106L New offenders in compulsory drug treatment detention
allocated to Stage 1
On the making of a compulsory drug treatment order in
relation to the offender's sentence of imprisonment, the
offender is automatically allocated to closed detention
(Stage 1).
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Compulsory Drug Treatment Correctional Centre Bill 2004
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 3
106M Progression and regression between stages of detention
(1) After an offender has served his or her sentence in closed
detention (Stage 1) for a period of at least 6 months, the Drug
Court may order that the offender progress to semi-open
detention (Stage 2).
(2) After an offender has served his or her sentence in semi-open
detention (Stage 2) for a period of at least 6 months, the Drug
Court may order that the offender progress to community
custody (Stage 3).
(3) If the Drug Court is satisfied, on the balance of probabilities,
that an offender has failed to comply in a serious respect with
any condition of the offender's compulsory drug treatment
personal plan, the Drug Court may order that an offender:
(a) serving a sentence in semi-open detention (Stage 2)
regress to closed detention (Stage 1), or
(b) serving a sentence in community custody (Stage 3)
regress to closed detention (Stage 1) or semi-open
detention (Stage 2), as the Drug Court sees fit.
(4) The regulations may make provision for or with respect to the
criteria to be used by the Drug Court in determining whether
to make a progression or regression order under this section.
(5) No appeal lies against the Drug Court's decision to make a
progression or regression order under this section.
106N Assessment reports
(1) Before the Drug Court makes a progression order in relation
to an offender, the Court is to have regard to the following
reports prepared in relation to the offender:
(a) an assessment report prepared by the Director of the
Compulsory Drug Treatment Correctional Centre,
(b) in relation to a progression order that would progress an
offender to community custody (Stage 3), an
assessment report prepared by a probation and parole
officer,
(c) any other report that the Drug Court considers relevant.
(2) The Drug Court may, at any time, order that an assessment
report on an offender be prepared.
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(3) The regulations may make provision for or with respect to the
conduct of investigations and the preparation of reports for
the purposes of this Part.
106O Community supervision orders
(1) On the making of a progression order in relation to an
offender, the Drug Court must make an order (a community
supervision order) that:
(a) allows the offender to be absent from the Compulsory
Drug Treatment Correctional Centre, and
(b) imposes conditions on the offender in relation to the
periods of time when the offender is not in the
Compulsory Drug Treatment Correctional Centre.
(2) The kinds of conditions that the Drug Court may impose on
the offender under this section are as follows:
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to the supervision of the offender
outside the Compulsory Drug Treatment Correctional
Centre,
(c) conditions relating to drug testing that the offender
must undergo,
(d) conditions relating to residence, association with other
persons or attendance at specified locations,
(e) any other kinds of conditions that may be prescribed by
the regulations,
(f) such other conditions as the Drug Court considers
appropriate in the circumstances.
(3) The Drug Court when imposing any condition on an offender
under this section is to have regard to and give substantial
weight to any recommendations of the Commissioner.
(4) The Drug Court may from time to time vary an offender's
community supervision order by adding new conditions to, or
varying or revoking existing conditions of, the order.
(5) No appeal lies against the Drug Court in relation to a decision
regarding an order under this section.
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106P Commissioner of Corrective Services may make regression
and removal orders in special circumstances
(1) The Commissioner may order that an offender serving his or
her sentence:
(a) in semi-open detention (Stage 2) regress to closed
detention (Stage 1), or
(b) in community custody (Stage 3) regress to closed
detention (Stage 1), or
(c) in community custody (Stage 3) regress to semi-open
detention (Stage 2).
(2) The Commissioner may order that an offender serving his or
her sentence in closed detention (Stage 1) or semi-open
detention (Stage 2) be removed from the Compulsory Drug
Treatment Correctional Centre and taken to another
correctional centre and held in separate custody.
(3) The Commissioner may make an order referred to in
subsection (1) or (2) only if the Commissioner believes, on
reasonable grounds, that:
(a) the security of the community is threatened, or
(b) the good order and discipline of a correctional centre
may be jeopardised if the offender is not regressed or
removed, or
(c) the offender may be about to commit an offence, or
(d) another reason exists to regress or remove the offender.
(4) The Commissioner must immediately notify the Drug Court
if the Commissioner makes an order under this section and
must give the Drug Court his or her reasons for making the
order.
(5) Within 21 days (or such other period determined by the Drug
Court) after receiving the notification of the Commissioner,
the Drug Court must review the Commissioner's order and
make an order:
(a) revoking the Commissioner's order, or
(b) confirming the Commissioner's order, or
(c) confirming the Commissioner's order, but amending its
terms, or
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(d) revoking, in accordance with section 106Q, the
offender's compulsory drug treatment order.
(6) The Drug Court when reviewing a Commissioner's order
under subsection (5) is to have regard to and give substantial
weight to any recommendations of the Commissioner.
(7) No appeal lies against the Drug Court in relation to a decision
regarding an order under subsection (5).
Division 3 Revocation of compulsory drug treatment
order
106Q Revocation of compulsory drug treatment order
(1) The Drug Court may by order revoke an offender's
compulsory drug treatment order:
(a) if:
(i) the offender has failed to comply with a condition
of the offender's compulsory drug treatment
personal plan, and
(ii) that failure is of a serious nature, and
(iii) in the opinion of the Drug Court, the offender:
(A) is unlikely to make any further progress in
the offender's compulsory drug treatment
program, or
(B) poses an unacceptable risk to the
community of re-offending, or
(C) poses a significant risk of harming others
or himself or herself, or
(b) if the non-parole period for the offender's sentence has
expired or is about to expire and the offender is serving
his or her sentence in closed detention (Stage 1) or
semi-open detention (Stage 2), or
(c) if the offender ceases to be an eligible convicted
offender (within the meaning of the Drug Court Act
1998), or
(d) for any other reason the Drug Court sees fit.
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(2) In making a decision under Part 6 as to whether to make a
parole order for an offender whose compulsory drug
treatment order has been revoked under this section, the
Parole Board is to have regard to the circumstances that led to
the revocation.
(3) No appeal lies against the Drug Court's revocation of a
compulsory drug treatment order.
106R Effect of revocation order
(1) A revocation order takes effect, or is taken to have taken
effect, on the day on which it is made or on such earlier day
as the Drug Court thinks fit.
(2) If an offender is not taken into custody until after the day on
which the revocation order takes effect:
(a) the term of the offender's sentence, and
(b) if the order takes effect during a non-parole period of
the sentence, the non-parole period of the sentence,
are, by this subsection, extended by the number of days the
offender was at large after the order took effect.
106S Warrants committing offenders to correctional centres
(1) If the Drug Court revokes a compulsory drug treatment order,
it is to issue a warrant committing the offender to a
correctional centre to serve the remainder of the sentence to
which the order relates by way of full-time detention.
(2) A warrant under this section is sufficient authority:
(a) for any police officer to arrest, or to have custody of, the
offender named in the warrant, to convey the offender
to the correctional centre specified in the warrant and to
deliver the offender into the custody of the governor of
that correctional centre, and
(b) for the governor of the correctional centre specified in
the warrant to have custody of the offender named in
the warrant for the remainder of the sentence to which
the warrant relates.
(3) The regulations may make provision for or with respect to the
form of any warrants issued for the purposes of this section.
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Division 4 Parole for offenders in compulsory drug
treatment detention
106T Drug Court is parole authority for offenders in compulsory
drug treatment detention
(1) Part 6 applies to an offender who is serving a sentence by way
of compulsory drug treatment detention, subject to the
following:
(a) references to the Parole Board are taken to be
references to the Drug Court,
(b) references to the Chairperson of the Parole Board are
taken to be references to the Senior Judge of the Drug
Court,
(c) references to the Secretary of the Parole Board are
taken to be references to the registrar of the Drug Court,
(d) any modifications of those provisions prescribed by the
regulations.
(2) On the release of an offender on parole under a parole order
made by the Drug Court under Part 6 as applied in accordance
with this section (and the consequent expiry of the offender's
compulsory drug treatment order under section 106E (b)),
Part 7 applies to the offender in the same way as it applies to
other offenders released on parole.
Note. This section provides that the Drug Court is the authority that will
determine whether an offender serving a sentence by way of compulsory
drug treatment detention is to be released on parole. Subsection (2)
makes it clear that after release on parole (and the consequent expiry of
the offender's compulsory drug treatment order), the Parole Board is
responsible for the supervision and revocation of any parole order made
in relation to the offender.
Division 5 Miscellaneous
106U Formal assessment by Director
(1) The Director is to cause regular assessment reports to be
prepared setting out the progress of each offender's drug
treatment and rehabilitation and the offender's compliance
with his or her compulsory drug treatment personal plan.
(2) An assessment report under this section is to be prepared in
consultation with the Chief Executive Officer, Corrections
Health Service and the Drug Court.
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(3) The regulations may make provision for or with respect to
assessment reports under this section, including but not
limited to:
(a) the frequency of such reports, and
(b) the procedures that must be followed with respect to
assessment of offenders.
106V Application of Part 2 to Stages 1 and 2 compulsory drug
treatment detention
(1) Part 2 and the provisions of any regulations made under that
Part, subject to any modifications prescribed by the
regulations under this section, apply to and in respect of an
offender who is in closed detention (Stage 1) or semi-open
detention (Stage 2).
(2) Any provision of Part 2 or of the regulations under that Part
that is so applied has effect as if it formed part of this Part.
106W Conviction and sentencing of offenders for old offences while
compulsory drug treatment order is in force
(1) If an offender is convicted and sentenced to a term of
imprisonment (a new sentence) for an offence that occurred
before the offender's compulsory drug treatment order was
made, the court that sentenced that offender is to refer the
offender to the Drug Court to determine whether the
offender's compulsory drug treatment order should:
(a) be varied so as to apply also in relation to the new
sentence, or
(b) be revoked.
(2) The Drug Court may vary a compulsory drug treatment order
so as to direct an offender to serve a new sentence of
imprisonment by way of compulsory drug treatment
detention.
(3) Subject to subsection (4), the Drug Court must not vary a
compulsory drug treatment order under this section unless the
offender is an eligible convicted offender (within the meaning
of the Drug Court Act 1998).
(4) Despite section 5A (1) (b) of the Drug Court Act 1998, the
Drug Court may vary a compulsory drug treatment order
under this section if the cumulative unexpired non-parole
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period for the offender's term of imprisonment under all
sentences in force is greater than 3 years but not more than 4
years.
106X Arrest warrants
(1) If it suspects that an offender who is not serving the offender's
sentence of imprisonment in the Compulsory Drug Treatment
Correctional Centre may have failed to comply with his or her
compulsory drug treatment personal plan, the Drug Court
may issue a warrant for the offender's arrest.
(2) A warrant under this section authorises any police officer to
arrest the offender and to bring the offender before the Drug
Court to be dealt with under this Act.
(3) The Bail Act 1978 does not apply to an offender who is
arrested on the authority of a warrant under this section.
(4) The Drug Court's functions under this section may be
exercised by the registrar of the Drug Court.
106Y Provision of information relating to offenders
(1) This section applies to such persons as are prescribed by the
regulations for the purposes of this section, being persons who
are involved in the administration of, or who provide services
in connection with, an offender's drug treatment under this
Part.
(2) It is the duty of a person to whom this section applies:
(a) to promptly notify the registrar of the Drug Court or the
Commissioner of any failure by an offender to comply
with the offender's compulsory drug treatment personal
plan, and
(b) to promptly comply with the requirements of the
regulations with respect to the giving of information to
the registrar.
(3) The following provisions apply to and in respect of any
information (protected information) relating to an offender
that is provided to the Drug Court or the Commissioner, or to
any person to whom this section applies, by a person to whom
this section applies:
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(a) the provision of the information does not constitute a
breach of professional etiquette or ethics or a departure
from accepted standards of professional conduct,
(b) the provision of the information does not constitute a
contravention of the Health Records and Information
Privacy Act 2002 or the Privacy and Personal
Information Protection Act 1998,
(c) no liability for defamation is incurred because of the
provision of the information,
(d) the provision of the information does not constitute a
ground for civil proceedings for malicious prosecution
or for conspiracy,
(e) the information is not admissible in evidence in any
proceedings before a court, tribunal or committee,
(f) a person is not compellable in any proceedings before a
court, tribunal or committee to disclose the information
or to produce any document that contains the
information.
(4) The provisions of subsection (3) (e) and (f) do not apply to or
in respect of the provision of protected information:
(a) in proceedings before the Drug Court or any court
hearing or determining an appeal from a decision of the
Drug Court, or
(b) in proceedings before the Parole Board or any court
hearing or determining an application in relation to a
decision of the Parole Board, or
(c) in support of, or in answer to, any charge or allegation
made in proceedings against a person in relation to the
person's exercise of functions under this Act.
(5) An offender is taken to have authorised the communication of
protected information:
(a) from any person to whom this section applies to the
registrar of the Drug Court, and
(b) from the registrar of the Drug Court to any person to
whom this section applies, and
(c) from any member of staff of the Drug Court to any
other member of staff of the Drug Court.
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(6) A provision of any Act or law that prohibits or restricts the
disclosure of information does not operate to prevent the
provision of information in accordance with this section.
106Z Review of Compulsory Drug Treatment Correctional Centre
(1) The Minister is to arrange for a review to be conducted of:
(a) the compulsory drug treatment program, established
under Part 2A of the Drug Court Act 1998 and this Part,
during the first four years of the program's operation,
and
(b) the provisions of the Drug Court Act 1998 and this Act
relating to the compulsory drug treatment program and
of any regulations made for the purposes of those
provisions,
in order to ascertain whether any of those provisions (or any
other provisions of any other Act or regulations) should be
amended.
(2) The review is to commence as soon as practicable after the
declaration of the Compulsory Drug Treatment Correctional
Centre under section 225.
(3) The Minister is to cause a report of the outcome of the review
to be tabled in each House of Parliament as soon as
practicable after its completion.
106ZA Regulations
The regulations may make provision for or with respect to the
following matters:
(a) the administration of the compulsory drug treatment
program,
(b) the management, control, administration, supervision
and inspection of the Compulsory Drug Treatment
Correctional Centre,
(c) the procedure to be followed when receiving an
offender into the Compulsory Drug Treatment
Correctional Centre, including the procedure for
accepting or refusing custody of property in an
offender's possession when the offender is admitted,
(d) the search and security procedures to be observed in the
Compulsory Drug Treatment Correctional Centre,
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(e) visits to inmates in the Compulsory Drug Treatment
Correctional Centre, including the following:
(i) the days and times that visits may be allowed,
(ii) the maximum number of persons who may visit
an inmate at the same time,
(iii) the classes of persons who may be prohibited
from visiting an inmate,
(iv) the conditions that must be observed by persons
intending to visit an inmate before such a visit
will be allowed,
(v) the procedures to be observed by visitors and
inmates during visits,
(f) the use of electronic monitoring devices in relation to
offenders in semi-open detention (Stage 2) or
community custody (Stage 3),
(g) the circumstances in which an offender may be tested
for drugs (including random and periodic testing) and
the type and nature of the tests to be used,
(h) the circumstances under which an offender may be
required to submit to a medical examination by a
medical officer,
(i) the declaration of offences against discipline,
(j) the day-to-day routine of offenders,
(k) the service of notices on an offender,
(l) the provision of post release case management services
and other services to offenders after release.
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[5] Section 135 General duty of Parole Board
Insert after section 135 (2) (i):
(ia) if the Drug Court has notified the Parole Board
that it has declined to make a compulsory drug
treatment order in relation to an offender's
sentence on the ground referred to in section 18D
(1) (b) (vi) of the Drug Court Act 1998, the
circumstances of that decision to decline to make
the order,
[6] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Compulsory Drug Treatment Correctional Centre Act 2004
(but only to the extent that it amends this Act)
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