236MAccommodation of offenders in residential facilities

#### 236M Accommodation of offenders in residential facilities 236M Accommodation of offenders in residential facilities > > (1) The Commissioner may approve the use of a residential facility for any of the following purposes— > > > > > (a) accommodating inmates (or an approved class of inmates) prior to release from custody, > > > > > (b) accommodating other persons who are the subject of community-based orders. > > > (2) Part 2, and the regulations relating to that Part, apply to a residential facility in the same way as they apply to a correctional centre, subject to this section and any modifications prescribed by the regulations. > > > (3) For the purposes of the application of Part 2 to a residential facility— > > > > > (a) a reference in that Part to an inmate includes an inmate residing in a residential facility, but does not include a person residing in a residential facility who is the subject of a community-based order, and > > > > > (b) a reference in that Part to the governor of a correctional centre is taken to be a reference to the manager of the residential facility, and > > > > > (c) (Repealed) > > > (4) The regulations may provide for the application to residential facilities of other provisions of this Act that apply in respect of correctional centres. > > > (5) In this section, a community-based order means any of the following orders— > > > > > (a) an order under Division 3 of Part 2 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), > > > > > (b) a re-integration home detention order, a parole order or an intensive correction order, > > > > > (c) an extended supervision order or an interim supervision order under the [Crimes (High Risk Offenders) Act 2006](/view/html/inforce/current/act-2006-007) or the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068), > > > > > (d) a community supervision order (within the meaning of Part 4A), if the person subject to it is in community custody (Stage 3) (within the meaning of that Part). > > **s 236M:** Ins 2008 No 108, Sch 1 \[32\]. Am 2014 No 6, Sch 1 \[18\]–\[20\]; 2016 No 47, Sch 1 \[13\]; 2017 No 53, Sch 3 \[42\]; 2017 No 57, Sch 1 \[37\]; 2017 No 68, Sch 2.6 \[12\].