31Treatment of sex offender prisoners

### 31 Treatment of sex offender prisoners > [*\[Section 31 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja16@GC3@EN) [*\[Section 31 Repealed by No. 4 of 2015, s. 5, Applied:01 Jul 2015\]*](/view/html/inforce/2015-07-01/act-2015-004#GS5@EN) > > > (1)  This section applies if the Director is satisfied on reasonable grounds that appropriate treatment is available for a sex offender prisoner. > > > (2)  The Director is to give the sex offender prisoner a reasonable opportunity to participate in the appropriate treatment unless satisfied on reasonable grounds that – > > > > > > (a) the prisoner is medically or psychologically unfit to participate in the treatment; or > > > > > > > (b) the prisoner is not cognitively capable of participating in the treatment; or > > > > > > > (c) there is insufficient time for the prisoner to complete the treatment; or > > > > > > > (d) the prisoner's participation in the treatment could compromise the safety, security or good order of the prison. > > > (3)  The Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that – > > > > > > (a) non-participation or unsatisfactory participation will prevent the prisoner from being granted a remission of sentence in respect of the relevant sexual offence; and > > > > > > > (b) participation, non-participation or unsatisfactory participation will, if the prisoner becomes eligible for parole, be factors taken into consideration by the Board in determining whether the prisoner should be released on parole. > > > (4)  If the sex offender prisoner chooses to participate in the appropriate treatment, the Director is to – > > > > > > (a) monitor the participation; and > > > > > > > (b) prepare a written assessment of the participation, with particular reference to – > > > > > > > > > > (i) the prisoner's attendance and compliance; and > > > > > > > > > > > (ii) the prisoner's attitude, behaviour and responsiveness during treatment; and > > > > > > > > > > > (iii) whether the treatment is completed and, if it is not completed, the reasons for non-completion; and > > > > > > > > > > > (iv) whether any action is taken under [subsection (5)](#GS31@Gs5@EN) . > > > (5)  If the sex offender prisoner chooses to participate in the appropriate treatment, the Director may cease or suspend the participation at any time if satisfied on reasonable grounds that – > > > > > > (a) the participation is unsatisfactory; or > > > > > > > (b) the treatment is no longer available, practicable or appropriate; or > > > > > > > (c) there are other valid grounds for the cessation or suspension. > > > (6)  If the sex offender prisoner chooses to participate in the appropriate treatment and subsequently becomes eligible for parole, the Director is to give the Board notice of the prisoner's choice, and – > > > > > > (a) a copy of the assessment prepared under [subsection (4)(b)](#GS31@Gs4@Hpb@EN) ; or > > > > > > > (b) if the participation is on-going, a written assessment, in substantially the same terms as those required by [subsection (4)(b)](#GS31@Gs4@Hpb@EN) , of the participation up to the time of the prisoner's eligibility for parole. > > > (7)  If the sex offender prisoner chooses not to participate in the appropriate treatment and subsequently becomes eligible for parole, the Director is to give the Board notice of the prisoner's choice together with relevant particulars, including particulars of the treatment. > > > (8)  To avoid doubt – > > > > > > (a) a sex offender prisoner may be offered more than one opportunity to participate in appropriate treatment pursuant to this section; but > > > > > > > (b) the Director is not obliged by [subsection (2)](#GS31@Gs2@EN) to give a sex offender prisoner repeated opportunities to participate in appropriate treatment pursuant to this section, particularly if the prisoner has persistently chosen not to participate in such treatment or has a history of unsatisfactory participation in such treatment. > > > (9)  For the purposes of forming opinions under this section, the Director – > > > > > > (a) may seek and have regard to such professional medical advice and other information as he or she thinks fit; and > > > > > > > (b) is to take advice from the treatment providers responsible for the delivery and assessment of appropriate treatment. > > > (10)  In this section – > > > > > ***unsatisfactory participation***, of a sex offender prisoner in appropriate treatment, means participation that, for reasons assessed by the Director as being within the prisoner's control, is incomplete or non-compliant.