180Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

S. 180(1) amended by No. 19/2019 ss 15, 142.

(1) The Secretary to the Department of Justice and Community Safety may, by order, transfer a person who—

(a) is detained in a prison whether on remand or under a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and

(b) is a person who has an intellectual disability—

to a residential treatment facility as a forensic resident.

S. 180(2) amended by No. 19/2019 s. 15.

(2) The Secretary to the Department of Justice and Community Safety must not transfer a person under subsection (1) unless—

S. 180(2)(a) amended by No. 19/2019 s. 15.

(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. 180(2)(b) amended by No. 19/2019 s. 15.

(b) the Secretary to the Department of Justice and Community Safety is satisfied as to the matters specified in subsection (7); and

S. 180(2)(c) amended by No. 19/2019 s. 142.

(c) the Secretary has agreed to accept the person as a forensic resident in the residential treatment facility specified in the transfer order.

S. 180(3) amended by No. 19/2019 s. 15.

(3) 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. 180(4) amended by No. 19/2019 s. 142.

(4) 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 interim order.

S. 180(5) amended by No. 19/2019 s. 15.

(5) 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.

(6) If the Secretary issues a statement that a person has an intellectual disability under this section, the Secretary must prepare a treatment plan in respect of that person.

Note to s. 180(6) inserted by No. 22/2012 s. 75, amended by No. 19/2019 s. 89.

Division 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.

S. 180(7) amended by No. 19/2019 s. 15.