26Supervision orders

26 Supervision orders (1) If a court declares that a person is liable to supervision under this Part, the court must make a supervision order in respect of the person[[4]](#endnote-4). (2) A supervision order may— (a) commit the person to custody (***custodial supervision order***)— (i) subject to subsection (3), in an appropriate place; or (ii) subject to subsection (4), in a prison; or (b) release the person on conditions decided by the court and specified in the order (***non‑custodial supervision order***). (3) The court must not make a supervision order— (a) committing a person to custody in an appropriate place; or S. 26(3)(b) substituted by No. 29/2010 s. 19(1), amended by No. 15/2015 s. 37(3)(a). (b) providing for a person to receive services in an appropriate place or from a disability service provider or the Secretary to the Department of Health and Human Services— unless it has received a certificate under section 47 stating that the facilities or services necessary for the order are available. (4) The court must not make a supervision order committing a person to custody in a prison unless it is satisfied that there is no practicable alternative in the circumstances. S. 26(5)–(7) repealed by No. 7/2002 s. 7(1). S. 26(8) substituted by No. 29/2010 s. 19(2), amended by Nos 26/2014 s. 437, 15/2015 s. 37(3)(b). (8) A person who is detained in custody in a designated mental health service under a supervision order is deemed to be in the custody of the Secretary to the Department of Health and Human Services. S. 26(9) inserted by No. 29/2010 s. 19(2), amended by Nos 15/2015 s. 37(3)(c), 19/2019 s. 241. (9) A person who is detained in custody in a residential treatment facility under a supervision order is deemed to be in the custody of the Secretary to the Department of Health and Human Services. Note to s. 26(9) amended by No. 15/2015 s. 38(1). Section 6A of the **Corrections Act 1986** deems a person in custody in a prison to be in the custody of the Secretary to the Department of Justice andRegulation.