82Review of justice plan condition by sentencing court

82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or S. 82(1)(b) amended by No. 65/2011 s. 38(2)(a). (b) that the needs of the offender are not being met by the condition; or S. 82(1)(c) amended by No. 65/2011 s. 38(2)(a). (c) that the offender has failed without reasonable excuse to comply with the condition; or S. 82(1)(d) amended by No. 65/2011 s. 38(2)(b). (d) that the condition is no longer appropriate— it may confirm, vary or cancel the condition. S. 82(2) amended by No. 65/2011 s. 38(3). (2) An application under subsection (1) may be made at any time while the justice plan condition is in force by— S. 82(2)(b) amended by Nos 45/1996 s. 18(Sch. 2 item 11.13), 65/2011 s. 38(4)(a). (b) if the sentence is a community correction order, the Secretary; or S. 82(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 38(4)(b). (c) if the sentence is an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons; or S. 82(2)(d) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 23/2006 s. 228(2), amended by No. 65/2011 s. 38(4)(c). (d) the Secretary to the Department of Human Services. (3) Notice of an application under subsection (1) must be given— (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). (4) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the hearing of the application. S. 82(5) amended by No. 65/2011 s. 38(5). (5) If the court cancels the justice plan condition, it may cancel the sentence and, subject to subsection (6), deal with the offender for the offence or offences with respect to which the sentence was imposed in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences. (6) In determining how to deal with an offender following the cancellation by it of a sentence, a court must take into account the extent to which the offender had complied with the sentence before its cancellation. S. 82AA inserted by No. 65/2011 s. 39. 82AA Residential treatment order (1) A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if— S. 82AA(1)(a) amended by No. 26/2012 s. 59. (a) the offender has been found guilty of a serious offence within the meaning of the definition of ***serious offence*** in section 3(1); or S. 82AA(1)(b) substituted by No. 74/2014 s. 19(2). (b) the offender has been found guilty of an offence against section 40(1) (sexual assault), or section 41(1) (sexual assault by compelling sexual touching), of the **Crimes Act 1958**. (2) If a court is considering making a residential treatment order the court may request— (a) a pre-sentence report in accordance with Division 1A of Part 3; and S. 82AA(2)(b) amended by No. 19/2019 s. 269(2). (b) a statement from the Secretary to the Department of Health and Human Services that the person has an intellectual disability within the meaning of the **Disability Act 2006**; and (c) a plan of available services. S. 82AA(3) amended by No. 19/2019 s. 269(2). (3) A court may only make a residential treatment order if the Secretary to the Department of Health and Human Services has specified— (a) that the person is suitable for admission to a residential treatment facility; and (b) in the plan of available services, that services are available in a residential treatment facility. S. 82AA(4) amended by No. 19/2019 s. 269(2). (4) If a court makes a residential treatment order it must cause a copy of the order to be supplied to the Secretary to the Department of Health and Human Services. S. 82A inserted by No. 23/2006 s. 229.