14Escape-risk classifications

#### 14 Escape-risk classifications 14 Escape-risk classifications > > (1) Each inmate (male or female) who commits an escape offence is, following the commission of the offence, to be classified in one of the following categories— > > > > Category E1, being the category of inmates who, in the opinion of the Commissioner, represent a special risk to security and should at all times be confined— > > > > > (a) in special facilities within a secure physical barrier that includes towers or electronic surveillance equipment, or > > > > > (b) by a secure physical barrier that includes towers, other highly secure perimeter structures or electronic surveillance equipment. > > > > Category E2, being the category of inmates who, in the opinion of the Commissioner, should at all times be confined by a secure physical barrier. > > > (2) For the purposes of subclause (1), a person commits an escape offence if, in New South Wales or elsewhere, the person engages in behaviour that, whether or not the person is prosecuted, constitutes— > > > > > (a) an offence of escaping from lawful custody, or > > > > > (b) an offence of attempting or conspiring to escape from lawful custody, > > > > under the laws of the place where the behaviour occurs. > > > (3) An inmate’s classification under this clause overrides the inmate’s classification under clause 12 or 13. > > > (4) Despite subclause (3), the Commissioner may determine that an inmate not be classified under this clause if the inmate was under the age of 18 years when the escape offence was committed. > > > (5) Subject to clause 17, the Commissioner may at any time vary or revoke a classification under this clause. > > **cl 14 (previously cl 26):** Renumbered 2015 (68), Sch 1 \[4\]. Am 2015 (68), Sch 1 \[4\].