SENTENCING ACT 1991 - SECT 82AA Residential treatment order

SENTENCING ACT 1991 - SECT 82AA

    (1)     A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if—

S. 82AA(1)(a) amended by No. 26/2012 s. 59.

        (a)     the offender has been found guilty of a serious offence within the meaning of the definition of serious offence in section 3(1); or

S. 82AA(1)(b) substituted by No. 74/2014 s. 19(2).

        (b)     the offender has been found guilty of an offence against section 40(1) (sexual assault), or section 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958 .

    (2)     If a court is considering making a residential treatment order the court may request—

        (a)     a pre-sentence report in accordance with Division 1A of Part 3; and

S. 82AA(2)(b) amended by No. 19/2019 s. 269(2).

        (b)     a statement from the Secretary to the Department of Health and Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006 ; and

        (c)     a plan of available services.

S. 82AA(3) amended by No. 19/2019 s. 269(2).

    (3)     A court may only make a residential treatment order if the Secretary to the Department of Health and Human Services has specified—

        (a)     that the person is suitable for admission to a residential treatment facility; and

        (b)     in the plan of available services, that services are available in a residential treatment facility.

S. 82AA(4) amended by No. 19/2019 s. 269(2).

    (4)     If a court makes a residential treatment order it must cause a copy of the order to be supplied to the Secretary to the Department of Health and Human Services.

S. 82A inserted by No. 23/2006 s. 229.