166Transfer of person with an intellectual disability from a prison

166 Transfer of person with an intellectual disability from a prison S. 166(1) amended by No. 19/2019 ss 10(1), 134(1). (1) The Secretary to the Department of Justice and Community Safety may by a security order transfer a person who— (a) is lawfully imprisoned or detained in a prison or other place of confinement; and (b) is a person who has an intellectual disability— to a residential treatment facility as a security resident. (2) Subsection (1) does not apply to a person who is detained under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** in a prison whether on remand or under a supervision order. S. 166(3) amended by No. 19/2019 s. 10(2). (3) The Secretary to the Department of Justice and Community Safety must not make a security order unless— S. 166(3)(a) amended by No. 19/2019 s. 10(2). (a) the Secretary to the Department of Justice and Community Safety has received a statement that the person has an intellectual disability and a treatment plan from the Secretary; and S. 166(3)(b) amended by No. 19/2019 s. 10(2). (b) the Secretary to the Department of Justice and Community Safety is satisfied as to the matters specified in subsection (7); and S. 166(3)(c) amended by No. 19/2019 s. 134(2). (c) the Secretary has agreed to accept the person as a security resident in a residential treatment facility specified in the order. S. 166(4) amended by No. 19/2019 s. 10(3). (4) The Secretary to the Department of Justice and Community Safety may make an interim order to enable the Secretary to assess whether the person specified in the order has an intellectual disability. S. 166(5) amended by No. 19/2019 s. 134(1). (5) A person in respect of whom an interim order is made may be conveyed to and detained in a residential treatment facility for the period not exceeding 28 days specified in the order. S. 166(6) amended by No. 19/2019 s. 10(3). (6) On the application of the Secretary, the Secretary to the Department of Justice and Community Safety may extend the duration of an interim order for a further period not exceeding 28 days. S. 166(7) amended by No. 19/2019 s. 10(4). (7) The Secretary to the Department of Justice and Community Safety must be satisfied that the making of a security order is in the best interests of the person and the community having regard to— (a) whether any physical, mental or emotional risk to which the person has been or may be exposed if detained in a prison is significantly greater than the risk to which a person who does not have an intellectual disability would be exposed; and S. 166(7)(b) amended by No. 19/2019 s. 134(1). (b) whether the person would be more appropriately placed in a residential treatment facility instead of a prison; and S. 166(7)(c) amended by No. 19/2019 s. 134(1). (c) whether programs are offered by the residential treatment facility which are designed to reduce the likelihood of the person committing further criminal offences; and S. 166(7)(d) amended by No. 19/2019 s. 10(4). (d) any other matters the Secretary to the Department of Justice and Community Safety considers relevant. S. 166(8) amended by No. 19/2019 ss 10(1), 134(1). (8) If a person who is on remand is transferred to a residential treatment facility under this section, the Secretary to the Department of Justice and Community Safety must notify the Director of Public Prosecutions of the transfer.