Part 8A2A Young offenders—therapeutic

Part 8A.2A Young offenders—therapeutic correction orders Division 8A.2A.1 Preliminary 133XA Definitions—pt 8A.2A assessor—see section 133XG (3). core conditions, of a therapeutic correction order—see section 133XN (1). sentencing court, for a young offender subject to a therapeutic correction order, means the court by which the sentence was first imposed, and includes that court differently constituted. therapeutic correction assessment—see section 133XG (2) (a) (i). therapeutic correction conditions—see section 133XO (1). therapeutic correction obligations—see section 133XD. therapeutic correction order—see section 133XB (2). therapeutic correction plan—see section 133XJ (1). therapeutic correction team means the following entities: (c) an entity prescribed by regulation. Division 8A.2A.2 Therapeutic correction orders—general Division 8A.2A.2 Therapeutic correction orders— general 133XB Therapeutic correction orders (1) This section applies if a young offender has been convicted or found guilty of an offence. (2) The court may make an order (a therapeutic correction order) that requires the young offender to comply with the therapeutic correction conditions of the order. (3) The court must not make a therapeutic correction order if the young offender is subject to any other sentencing order. (4) The court must not fail to impose a sentence that the circumstances of the offence would ordinarily require only to allow the court to make a therapeutic correction order. (5) If the court makes a therapeutic correction order, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the young therapeutic correction order. (7) This section is subject to divisions 8A.2A.3 and 8A.2A.4. sentencing order means any of the following: (a) an order for imprisonment by full-time detention; (b) a suspended sentence order; (c) an intensive correction order; (d) a deferred sentence order; (e) a parole order; Therapeutic correction orders—general Division 8A.2A.2 (f) an order under a law in force in Australia that corresponds to an order mentioned in paragraphs (a) to (e). 133XC Therapeutic correction order—maximum period A therapeutic correction order must— (a) be for a period not longer than 4 years; and (b) state when it starts and ends. 133XD Therapeutic correction order—young offender A young offender subject to a therapeutic correction order has the following obligations (the therapeutic correction obligations): (a) the core conditions of the order; (b) the therapeutic correction conditions; (c) any other obligation created by the court as part of the order. 133XE Court may make ancillary orders to achieve object of The court may make any order that is not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate to achieve the object of a therapeutic correction Division 8A.2A.3 Therapeutic correction orders— 133XF Therapeutic correction orders—requirement for assessment and therapeutic correction plan The court must not make a therapeutic correction order for a young offender unless the court has— (a) considered a therapeutic correction assessment for the offender; and (b) approved a therapeutic correction plan for the offender. 133XG Therapeutic correction assessments (1) This section applies if the court is considering whether to make a therapeutic correction order for a young offender. (2) The court must— (a) order the CYP director-general to— (i) prepare an assessment of the offender’s suitability for a therapeutic correction order (a therapeutic correction assessment); and (ii) provide a copy of the assessment to the court or any other stated person; and (b) adjourn the proceeding for the assessment to be prepared. (3) The CYP director-general must— (a) arrange for a suitable person (an assessor) to prepare the therapeutic correction assessment; and (b) provide a copy of the assessment to the court and any other person the court considers should receive a copy. (4) The therapeutic correction assessment must address the matters mentioned in section 133XH. Therapeutic correction orders—suitability Division 8A.2A.3 133XH Therapeutic correction assessment matters For section 133XG (4), the matters for assessing the young offender’s suitability for a therapeutic correction order are the matters mentioned in table 133XH, column 2. Table 133XH Assessment of suitability—therapeutic correction order item unlikely to change under a therapeutic correction order major psychiatric or psychological disorder likely to prevent compliance with a therapeutic correction order 3 medical condition medical condition likely to prevent compliance with a 4 response to previous substantial noncompliance with previous court orders 5 participation and with therapeutic correction assessment 6 personal circumstances potential impracticability of compliance with a 133XI Therapeutic correction assessments—powers of assessors (1) In preparing the therapeutic correction assessment for the young offender, the assessor may— (a) investigate any matter the assessor considers appropriate; and (b) ask any of the following to provide information for the purpose of the assessment: provide information, the entity must comply with the request as soon as practicable. information for the purpose of the therapeutic correction assessment. provision of therapeutic correction assessments. Therapeutic correction orders—suitability Division 8A.2A.3 133XJ Therapeutic correction assessment—therapeutic correction plan (1) If the assessor preparing the therapeutic correction assessment considers a young offender to be suitable for a therapeutic correction order, the assessor must also prepare a plan (a therapeutic correction plan) for the young offender. (2) A therapeutic correction plan must address— (a) any medical, psychological or psychiatric needs relevant to the offender’s rehabilitation; and (b) any other matter prescribed by regulation. 133XK Therapeutic correction assessments—provision to court The therapeutic correction assessment may be given to the court orally or in writing. 133XL Therapeutic correction assessments—cross-examination (1) The prosecutor and the defence may cross-examine the assessor who prepared the therapeutic correction assessment given to the court. (a) any lawyer representing a young offender; or (b) if the offender is not legally represented—a person who the court grants leave to cross-examine on behalf of the offender. Division 8A.2A.4 Therapeutic correction orders— content 133XM Content of therapeutic correction order A therapeutic correction order for a young offender must— (a) state the offence to which the order relates; and (b) record the young offender’s conviction for the offence; and (c) state the total period for which the order is in force; and (d) state— (i) the core conditions; and (ii) the therapeutic correction conditions; and (iii) any other conditions the court considers appropriate; and (e) state any relevant therapeutic support for the young offender; and (f) require the young offender to— (i) comply with the order and any other obligations under the Crimes (Sentence Administration) Act 2005 for the period the order is in force; and (ii) submit to the supervision of the CYP director-general; and (iii) comply with the directions of the CYP director-general. 133XN Core conditions (1) The core conditions of a therapeutic correction order are that a young offender subject to the order— (a) must not commit another offence against a law in force in Therapeutic correction orders—content Division 8A.2A.4 (b) if the young offender is charged with an offence against a law in force in Australia or elsewhere—must tell the CYP director-general about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge; and (c) must report to a member of the therapeutic correction team for the order at the places and times directed by a member of the team; and (d) must receive visits from a member of the therapeutic correction team for the order at the times directed by a member of the team; and (e) if the young offender’s contact details change—must tell the CYP director-general about the change as soon as possible, but not later than 1 day after the day the offender becomes aware of the change of details; and (f) must not— (i) leave or stay outside the ACT without the permission of the court for a continuous period of more than 24 hours; and (ii) if the court grants the offender permission to leave or stay outside the ACT—fail to comply with any condition of the court’s permission; and (g) must— (i) appear before the court at the times directed by the court; and (ii) comply with the directions of the court; and (h) must comply with any other reasonable direction of— (i) a member of the therapeutic correction team for the order; or (ii) a person prescribed by regulation. (2) The court must not amend a condition mentioned in subsection (1). contact details, of a young offender, means the offender’s— (a) home address or phone number (if any); and (b) work address or phone number (if any); and (c) mobile phone number (if any). 133XO Therapeutic correction conditions (1) The therapeutic correction conditions of a therapeutic correction order are that a young offender subject to the order— (a) must complete a program of treatment set out under a therapeutic correction plan approved by the court; and (b) must comply with any other condition imposed by the court as necessary to achieve the purpose of the therapeutic correction plan. (2) Without limiting subsection (1) (b), the court may impose 1 or more of the following conditions, requiring the young offender to: (a) submit to medical, psychiatric or psychological treatment that is relevant to the young offender; (b) submit to detoxification at a stated facility that is not a correctional centre; (c) participate in counselling or programs for treatment relevant to— (i) the young offender’s circumstances; or (ii) the offending behaviour of the young offender; (d) attend meetings with a stated person or class of person for the therapeutic correction order; Therapeutic correction orders—supervision Division 8A.2A.5 (e) participate in vocational, educational or employment programs or courses; (f) submit to alcohol and drug testing; (g) not return a positive test sample under alcohol and drug testing. Note The court may make an accommodation order in relation to a young offender (see pt 8A.3). positive, for a test sample for alcohol or a drug—see the Corrections Management Act 2007, section 133. Division 8A.2A.5 Therapeutic correction orders— supervision 133XP CYP director-general to report breach of therapeutic correction obligations (1) This section applies if the CYP director-general believes on reasonable grounds that a young offender has breached any of the offender’s therapeutic correction obligations. (2) The CYP director-general must report the belief to the sentencing (3) A report under this section must be made in writing and set out the grounds for the CYP director-general’s belief. 133XQ Summons to attend court—breach of therapeutic correction obligations (1) This section applies if information, whether in a report under section 133XP or otherwise, alleging that a young offender has breached any of the offender’s therapeutic correction obligations is before the sentencing court. (2) The sentencing court may issue a summons directing the young offender to appear before the court. Division 8A.2A.5 Therapeutic correction orders—supervision (3) The registrar of the sentencing court must ensure that a copy of the summons is given to the following people: (a) the defence; (c) the director of public prosecutions. 133XR Arrest without warrant—breach of therapeutic correction (1) This section applies if a police officer believes on reasonable grounds that a young offender has breached any of the offender’s therapeutic correction obligations. (2) The police officer may arrest the young offender without a warrant. (3) A police officer who arrests a young offender under this section must, as soon as practicable, bring the offender before the sentencing court. (4) However, if the sentencing court is not sitting, the police officer must, as soon as practicable, bring the young offender before a magistrate for a decision in relation to bail until the offender can be brought before the sentencing court. Note For remanding or granting bail to the offender, see the Bail Act 1992. Therapeutic correction orders—breach Division 8A.2A.6 133XS Arrest warrant—breach of therapeutic correction (1) A judge or magistrate may issue a warrant for a young offender’s arrest if satisfied, by information on oath, that there are reasonable grounds for suspecting that the offender has breached any of the offender’s therapeutic correction obligations. (a) be in writing signed by the judge or magistrate; and (d) order the arrest and bringing of the offender before the sentencing court. (3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before the sentencing court. (4) However, if the sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the sentencing court. Note For remanding or granting bail to the offender, see the Bail Act 1992. Division 8A.2A.6 Therapeutic correction orders— breach 133XT Breach of therapeutic correction order (1) If the sentencing court is satisfied on the balance of probabilities that a young offender subject to a therapeutic correction order has breached any of the therapeutic correction obligations of the order, the court must make 1 or more of the following orders: (a) confirming the therapeutic correction conditions of the order with no further action to be taken on the breach; Division 8A.2A.6 Therapeutic correction orders—breach (b) giving the offender a warning about the need to comply with the offender’s therapeutic correction obligations; (c) amending the therapeutic correction plan in accordance with subsection (2); (d) cancelling the order and resentencing the offender in any way in which the court could deal with the offender at the time of sentencing. Note The court must conduct a review before making an order mentioned in par (c) or (d) (see s 133XV (4)). (2) The therapeutic correction plan may be amended by adding, modifying or removing plan conditions. Examples—therapeutic correction plan condition 1 frequency or kind of treatment measures 2 degree of supervision 3 frequency of drug and alcohol testing (3) The court may make an order under this section on its own initiative (a) the young offender; or (c) a member of the therapeutic correction team; or (4) If the court makes an order under this section, the court must, as soon (a) the young offender; and (5) Failure to comply with subsection (4) does not invalidate the order. Therapeutic correction orders—review by court Division 8A.2A.7 Division 8A.2A.7 Therapeutic correction orders— review by court 133XU Application—div 8A.2A.7 This division applies to the review of a therapeutic correction order. 133XV Therapeutic correction orders—review (1) The sentencing court may review a therapeutic correction order for a young offender at any time and for any reason if it is satisfied the review is in the interests of justice. (2) The court may review a therapeutic correction order— (i) the defence; or (ii) the CYP director-general; or (iii) any other member of the therapeutic correction team. (3) The court may carry out a review under this division in any way it (4) However, the court must conduct a hearing for a review in which the court is considering making an order under section 133XT (1) (c) or (d). (5) An entity mentioned in subsection (2) (b) may appear at a hearing of the review. (6) The court may, on the review, confirm or amend the order as the court Division 8A.2A.7 Therapeutic correction orders—review by court (7) If the court amends the order, the court must, as soon as practicable, ensure that written notice of the review decision, together with a copy of the amended order is given to— (a) the young offender; and (8) Failure to comply with subsection (7) does not invalidate the order as (b) if the young offender is not legally represented—the young 133XW Therapeutic correction orders—CYP director-general must apply for review The CYP director-general must apply to the sentencing court for a review of a young offender’s therapeutic correction order if the director-general believes on reasonable grounds that a change in the offender’s circumstances is likely to substantially affect the offender’s ability to comply with the order. 133XX Therapeutic correction orders—notice of proposed review (1) The sentencing court must, as far as practicable, give written notice of a proposed review of the young offender’s therapeutic correction order to the defence and the other members of the therapeutic correction team. Therapeutic correction orders—miscellaneous Division 8A.2A.8 (b) if a hearing for the review is to be conducted—the time and place for the review. (3) Failure to comply with this section does not invalidate the review. (b) if the young offender is not legally represented—the young Division 8A.2A.8 Therapeutic correction orders— miscellaneous 133XY Evidentiary certificates (1) A certificate that appears to be signed by or for any of the following, and states any matter relevant to anything done or not done under this part in relation to a person, is evidence of the matter: (a) an assessor; (c) the director-general responsible for the Corrections Management Act 2007; (d) an analyst appointed under subsection (3). (2) The court must accept a certificate mentioned in subsection (1) as proof of the matters stated in it if there is no evidence to the contrary. (3) The CYP director-general may appoint analysts for this part. Note For laws about appointments, see the Legislation Act, pt 19.3. (4) An appointment under subsection (3) is a notifiable instrument. Division 8A.2A.8 Therapeutic correction orders—miscellaneous 133XZ Information exchanges—therapeutic correction team (1) This section applies to personal information about a young offender held by a member of the therapeutic correction team that was obtained as a result of a therapeutic correction assessment, or the administration or making of a therapeutic correction order for the (2) A member of the therapeutic correction team may give the information to another member of the therapeutic correction team for the purpose of the other member exercising their functions under this Act. information to be given by, or to, a member of the therapeutic correction team. Note A reference to an Act includes a reference to any statutory instruments made or in force under the Act (see Legislation Act, s 104). personal information, about a young offender, means any information or opinion relating to the offender, whether true or not, and whether recorded in a document or not. Young offenders—accommodation orders Part 8A.3 Part 8A.3 Young offenders— accommodation orders