CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106M
Progression and regression between stages of detention
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106M
Progression and regression between stages of detention
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.
