Div 7Community based custodial sentences

Division 7—Community based custodial sentences Subdivision 1—Home detention 69—Purpose of home detention (1) The purpose of a home detention order is to allow a court to impose a custodial sentence but direct that the sentence be served on home detention. (2) The paramount consideration of the court when determining whether to make a home detention order must be to protect the safety of the community (whether as individuals or in general). 70—Home detention not available for certain offences (1) The powers vested in a court by this Subdivision— (b) are not exercisable in relation to— (i) a defendant who is serving or is liable to serve a sentence of indeterminate duration and who has not had a non‑parole period fixed; or (ii) a defendant who is being sentenced for— (A) an offence of murder; or (B) treason; or (C) an offence involving a terrorist act; or (D) any other offence in respect of which an Act expressly prohibits the reduction, mitigation or substitution of penalties or sentences. (2) In this section— terrorist act has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth. (3) For the purposes of this Division, a reference to an offence of murder includes— (a) an offence of conspiracy to murder; and (b) an offence of aiding, abetting, counselling or procuring the commission of murder. 71—Home detention orders (1) Subject to this section, if— (a) a court has imposed a sentence of imprisonment on a defendant; and (b) the court considers that the sentence should not be suspended under Part 4 Division 2; and (c) the court considers that the defendant is a suitable person to serve the sentence on home detention, the court may order that the defendant serve the sentence on home detention (a home detention order). (2) The following provisions apply to a home detention order: (a) a home detention order must not be made if the court considers that the making of such an order would, or may, affect public confidence in the administration of justice; (b) a home detention order must not be made if the defendant is being sentenced— (i) as an adult to a period of imprisonment with a non‑parole period of 2 years or more for a prescribed designated offence; or (ii) as an adult for a serious sexual offence unless— (A) the offence is a prescribed serious sexual offence that occurred in prescribed circumstances; or (B) if subsubparagraph (A) does not apply, the court is satisfied that special reasons exist for the making of a home detention order; or (iii) as an adult for a serious and organised crime offence or specified offence against police; or (iv) as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has sentenced the defendant to imprisonment (other than where the sentence is suspended), home detention or an intensive correction order for a designated offence; (c) a home detention order must not be made unless the court is satisfied that the residence the court proposes to specify in its order is suitable and available for the detention of the defendant and that the defendant will be properly maintained and cared for while detained in that place; (d) a home detention order must not be made if the home detention is to be served cumulatively on another term of imprisonment (other than a term of imprisonment to be served subject to a home detention order), or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; (e) a home detention order should not be made unless the court is satisfied that adequate resources exist for the proper monitoring of the defendant while on home detention by a home detention officer. (3) The court must take the following matters into consideration when determining whether to make a home detention order: (a) the impact that the home detention order is likely to have on— (i) any victim of the offence for which the defendant is being sentenced; and (ii) any spouse or domestic partner of the defendant; and (iii) any person residing at the residence at which the prisoner would, if released, be required to reside; (b) the pre‑sentence report (if any) ordered by the court; (c) any other matter the court thinks relevant. (4) The following provisions apply for the purposes of subsection (2)(b)(ii)(B): (a) the court cannot be satisfied that special reasons exist for the purposes of subsection (2)(b)(ii)(B) unless the court is satisfied that— (i) the defendant's advanced age or permanent infirmity means that the defendant no longer presents an appreciable risk to the safety of the community (whether as individuals or in general); and (ii) the interest of the community as a whole would be better served by the defendant serving the sentence on home detention rather than in custody; (b) the court must not have regard to any other matter in determining whether it is satisfied that special reasons exist for the purposes of subsection (2)(b)(ii)(B). (a) an offence under section 13 or 13A; (b) an offence under section 19; (c) an offence under section 19AA; (d) an offence under section 19AC; (e) an offence under section 19A; (f) an offence under section 23 or 24; (g) an offence under section 29A; (h) an offence under section 39; (i) an offence under section 137; (j) an offence under section 170; (k) an offence under section 270B if the offence against the person to which that section applies is a relevant offence referred to in a preceding paragraph; foster parent, of a child, includes— (a) an approved carer of the child; and (b) a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017; prescribed designated offence means an offence under section 13 or 23 of the Criminal Law Consolidation Act 1935; prescribed serious sexual offence means— (a) any of the following offences under the Criminal Law Consolidation Act 1935 where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (i) an offence under section 49 (unlawful sexual intercourse); (ii) an offence under section 56 (indecent assault); (iii) an offence under section 58 (gross indecency); (iv) an offence under section 63 (production or dissemination of child exploitation material); (v) an offence under section 63B (procuring child to commit an indecent act etc); or (b) an offence against a corresponding previous enactment substantially similar to an offence referred to in paragraph (a); or (c) an attempt to commit or an assault with intent to commit any of the offences referred to in either of the preceding paragraphs; (i) an offence under section 83E; (ii) an aggravated offence under section 172 or 251, where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(ga)(i) or (ii) of that Act; (iii) an offence under section 244 or 245; (iv) an attempt to commit any of the offences referred to in any of the preceding subparagraphs; or (i) an offence under section 32(1); (ii) an aggravated offence under section 32(2), 32(2a) or 32(3); (iii) an offence under section 33(1); (iv) an aggravated offence under section 33(2) or 33(3); (v) an aggravated offence under section 33A(1), 33A(2), 33A(3), 33A(4) or 33A(5); (va) an offence under section 33F, 33G or 33H; (vi) an attempt to commit any of the offences referred to in any of the preceding subparagraphs; serious sexual offence means any of the following offences where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (a) — (i) an offence under section 48, 48A, 49, 50, 51, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935; (ii) an offence against a corresponding previous enactment substantially similar to an offence referred to in subparagraph (i); (iii) an attempt to commit or an assault with intent to commit any of the offences referred to in either of the preceding subparagraphs; (a) an aggravated offence under section 23(1) or 23(3) of the Criminal Law Consolidation Act 1935 where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(c) of that Act and the victim is a police officer; or (b) an offence of attempted murder or attempted manslaughter under the Criminal Law Consolidation Act 1935 where the victim is a police officer and the offender committed the offence— (ii) in retribution for something the offender knows or believes to have been done by the victim in the course of the victim's official duty. (6) For the purposes of this section, an offence occurred in prescribed circumstances if— (a) the defendant was, at the time of the offence, 20 years of age or less; and (b) the circumstances of the offending, including the victim's age and the age difference between the defendant and the victim, are such that it is appropriate that a home detention order be made; and (c) the defendant was not, at the time of the offence, a person in a position of authority in relation to the victim. (6a) If— (a) the defendant commits an offence under section 63B(3) of the Criminal Law Consolidation Act 1935; and (b) by reason of that offence, the defendant is taken to have committed a serious sexual offence or a prescribed serious sexual offence for the purposes of this section; and (c) the victim of the offence is a fictitious person represented to the defendant as a real person, the court may, in considering the circumstances of the offending for the purposes of subsection (6)(b) in relation to the victim's age and the age difference between the defendant and the victim, take into consideration the age that the defendant believed the victim to be at the time of the offence. (7) For the purposes of subsection (6), a person is in a position of authority in relation to a victim (the child) if— (a) the person is a teacher and the child is a pupil of the teacher or of a school at which the teacher works; or (b) the person is a parent, step‑parent, guardian or foster parent of the child or the de facto partner or domestic partner of a parent, step‑parent, guardian or foster parent of the child; or (c) the person provides religious, sporting, musical or other instruction to the child; or (d) the person is a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) in a religious or spiritual group attended by the child; or (e) the person is a health professional or social worker providing professional services to the child; or (f) the person is responsible for the care of the child and the child has a cognitive impairment; or (g) the person is employed or providing services in a correctional institution (within the meaning of the Correctional Services Act 1982) or a training centre (within the meaning of the Young Offenders Act 1993), or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or (h) the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or (i) the person is an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity). (8) A description of an offence appearing in brackets in this section is for convenience of reference only. 72—Conditions of home detention order (1) A home detention order is subject to the following conditions: (a) a condition requiring the person subject to the order to remain at the residence specified by the court throughout the period of the home detention order and not to leave that residence at any time during that period except for the following purposes: (i) attendance at such remunerated employment at such times and places as approved from time to time by the home detention officer to whom the person is assigned during the period of the home detention order; (ii) urgent medical or dental treatment for the person; (iii) attendance at— (A) a place for the purpose of undergoing assessment or treatment (or both) relating to the person's mental or physical condition; or (B) an intervention program; or (C) any other course of education, training or instruction, or other activity, as approved or directed by the home detention officer to whom the person is assigned; (iv) any other purposes as approved or directed by the home detention officer to whom the person is assigned; (b) a condition requiring the person to be of good behaviour; (c) a condition requiring the person to be under the supervision of a home detention officer; (d) a condition requiring the person to obey the lawful directions of the home detention officer to whom the person is assigned; (e) a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm; (f) a condition relating to the use of drugs by the person other than for therapeutic purposes; (g) a condition requiring the person to submit to such tests (including testing without notice)— (i) for gunshot residue; or (ii) relating to drug use, as a home detention officer may reasonably require; (h) a condition that the person be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982; (i) such other conditions as the court thinks appropriate and specifies in the order. (2) A person subject to a home detention order will, unless the home detention order is earlier revoked, remain on home detention— (a) in the case of a person subject to a non‑parole period—until the person is released on parole; or (b) in the case of any other person—in accordance with Part 4 Division 7 of the Correctional Services Act 1982. (3) Subject to subsection (4), the court may vary or revoke a condition imposed under this section. (4) The court may only vary or revoke the following conditions in the following circumstances: (a) the conditions imposed by subsection (1)(e) and (g)(i)—if the court is satisfied, by evidence given on oath, that— (i) there are cogent reasons to do so; and (ii) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public; (b) the condition imposed by subsection (1)(h)—if the court is satisfied, by evidence given on oath, that removal of the electronic device is necessary for medical reasons. 73—Orders that court may make on breach of condition of home detention order etc (1) Subject to this section, if the court that imposed a home detention order on a person is satisfied that— (a) a person subject to a home detention order has breached a condition of the order; or (b) the residence specified by the court at which the person is required to remain throughout the period of the home detention order is no longer suitable for the person and no other suitable residence is available for the person's detention, the court must revoke the home detention order and order that the balance of the sentence the person was serving on home detention be served in custody. (2) Despite subsection (1)(a), if the court is satisfied that the failure of the person to comply with the conditions of the home detention order was trivial or there are proper grounds on which the failure should be excused, the court— (a) may refrain from revoking the order; and (b) may impose a further condition on, or revoke or vary a condition of, the order. (3) A person subject to a home detention order is not in breach of a condition requiring the person to remain at the person's residence if the person leaves the residence for the purpose of averting or minimising a serious risk of death or injury (either to the person or some other person). (4) If a court revokes a home detention order and orders that the balance of the sentence be served in custody in the circumstances referred to in subsection (1)(b), the court— (a) must take the following periods into account: (i) the period of compliance by the person with the conditions of the home detention order; (ii) the period spent by the person on home detention or in custody pending determination of the proceedings under this section; and (c) may direct that the sentence be cumulative on any other sentence, or sentences, of imprisonment then being served, or to be served, by the person. (4a) If a court revokes a home detention order for breach of a condition of the order and orders that the balance of the sentence be served in custody— (a) the balance of the sentence is the balance remaining as at the day on which the breach was committed, but the court may reduce the sentence after taking into account both of the following: (i) any period spent by the person on home detention after the day on which the breach was committed pending determination of the proceedings for the breach; (ii) any period spent by the person in custody pending determination of the proceedings for the breach of condition; and (b) the court may direct that the sentence be cumulative on any other sentence, or sentences, of imprisonment then being served, or to be served, by the person. (4b) In relation to the breach of a condition of a home detention order, a reference in subsection (4a) to the day on which the breach was committed will, in the case of proceedings relating to more than 1 breach, be taken to be a reference to the day on which the first breach was committed. (5) The court may, if it thinks it is necessary to do so for the purpose of proceedings under this section— (a) issue a summons to a person subject to a home detention order requiring the person to appear before the court at the time and place specified in the summons; or (6) A person who appears before the court as required by a summons issued under this section may be remanded in custody pending determination of the proceedings. (7) If a person fails to appear before the court as required by a summons issued under this section, the court may issue a warrant for the person's arrest. (8) If a person is arrested pursuant to a warrant issued under this section, the person must be brought before the court or the Magistrates Court not later than the next working day and may be remanded in custody pending determination of the proceedings. (9) A warrant issued under this section authorises the detention of the person in custody pending appearance before the court. (10) The obligations of a person subject to a home detention order are suspended during any period the person is in custody. (11) If a person subject to a home detention order is found guilty of an offence by a court of a superior jurisdiction to that of the court that made the order, being an offence committed during the period of the home detention order, any proceedings for breach of condition arising out of the offence are to be taken in the court of superior jurisdiction. (12) If a person subject to a home detention order is found guilty of an offence by a court of an inferior jurisdiction to that of the court that made the order, being an offence committed during the period of the home detention order, the court of inferior jurisdiction must— (a) sentence the person for the offence and remand the person to the court that made the home detention order to be dealt with for breach of condition of the order; or (b) remand the person to the court that made the home detention order to be sentenced for the offence and dealt with for breach of condition of the order. (13) The court dealing with a person for breach of condition of a home detention order must hear any evidence adduced tending to establish that the person has failed to comply with a condition of the order and any evidence or representations that the person may wish to adduce or make in reply. (14) In this section— (a) if the court that made the home detention order is the Supreme Court—the District Court or the Magistrates Court; (b) if the court that made the home detention order is the District Court—the Magistrates Court; (a) if the court that made the home detention order is the Magistrates Court—the Supreme Court or the District Court; (b) if the court that made the home detention order is the District Court—the Supreme Court. 74—Court to provide CE with copy of home detention order If a home detention order is made in respect of a person, or the order or conditions of the order are varied or revoked, or a further order is made in respect of the person, the court must notify the CE of the terms of the order, variation, revocation or further order, as the case may require. 75—CE must assign home detention officer (1) The CE must, on receiving a copy of a home detention order (and may after then from time to time) assign the person to whom the order relates to a home detention officer. (2) The CE must ensure that the person is notified in writing of the name of the home detention officer to whom the person has been assigned and, if necessary, of the place and time at which the person must first report to that officer. (3) It is the duty of a home detention officer to endeavour to ensure that any person assigned to the officer complies with the conditions of the order. 76—Powers of home detention officers (1) A home detention officer may, at any time— (a) enter or telephone the residence of a person to whom the officer has been assigned; or (b) telephone the person's place of employment or any other place at which the person is permitted or required to attend; or (c) question any person who is at that residence or place as to the whereabouts of the person to whom the officer has been assigned, for the purposes of ascertaining whether or not the person is complying with a condition of the home detention order. (2) A person must not— (a) hinder a home detention officer in the exercise of powers under this section; or (b) fail to answer truthfully any question put to the person by a home detention officer under those powers. Maximum penalty: $2 500. 77—Apprehension and detention of person subject to home detention order without warrant (1) If the CE suspects on reasonable grounds that a person subject to a home detention order has breached a condition of the order, the person may be apprehended, without warrant, by a police officer or home detention officer and detained in custody for the purposes of proceedings relating to the suspected breach under section 73 before the court that imposed the order. (2) Section 73(8) to (10) (inclusive) apply to a person apprehended under this section as if the person were arrested pursuant to a warrant issued under section 73. 78—Offence to contravene or fail to comply with condition of home detention order A person subject to a home detention order who contravenes or fails to comply with a condition of the order is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. Subdivision 2—Intensive correction 79—Purpose of intensive correction order (1) The purpose of an intensive correction order is to provide a court with an alternative sentencing option for a defendant where the court— (a) is considering imposing a sentence of imprisonment of 2 years or less; and (b) considers there is a genuine risk that the defendant will re‑offend if not provided with a suitable intervention program for rehabilitation purposes. (2) The court should not impose an intensive correction order on a defendant unless the court considers that, given the short custodial sentence that the court would otherwise have imposed, rehabilitation of the defendant is more likely to be achieved by allowing the defendant to serve the sentence in the community while subject to strict conditions of intensive correction. (3) Despite the preceding subsections, the paramount consideration of the court when determining whether to make an intensive correction order must be to protect the safety of the community (whether as individuals or in general). 80—Intensive correction not available for certain offences (1) The powers vested in a court by this Subdivision— (ab) are not exercisable in relation to an offence involving a terrorist act; or (b) are not exercisable in relation to any offence in respect of which an Act expressly prohibits the reduction, mitigation or substitution of penalties or sentences. (2) In this section— terrorist act has the same meaning as Part 5.3 of the Criminal Code of the Commonwealth. 81—Intensive correction orders (1) Subject to this section, if— (a) a court has imposed a sentence of imprisonment on a defendant of a term that is 2 years or less; and (b) the court considers that the sentence should not be suspended under Part 4 Division 2; and (c) the court determines that there is good reason for the defendant to serve the sentence in the community while subject to intensive correction, the court may order that the defendant serve the sentence in the community while subject to intensive correction (an intensive correction order). (2) For the purposes of subsection (1)(c), the court may determine that, even though a custodial sentence is warranted and there is a moderate to high risk of the defendant re‑offending, any rehabilitation achieved during the period that would be spent in prison is likely to be limited compared to the likely rehabilitative effect if the defendant were instead to spend that period in the community while subject to intensive correction. (3) The following provisions apply to an intensive correction order: (a) an intensive correction order must not be made if the sentence is to be served cumulatively on another term of imprisonment (other than a term of imprisonment to be served subject to an intensive correction order), or concurrently with another term of imprisonment then being served, or about to be served, by the defendant; (ab) an intensive correction order must not be made if the defendant is being sentenced— (i) as an adult for a serious sexual offence; or (ii) as an adult for a serious and organised crime offence or specified offence against police; or (iii) as an adult for a designated offence and, during the 5 year period immediately preceding the date on which the relevant offence was committed, a court has sentenced the defendant to imprisonment (other than where the sentence is suspended), home detention or an intensive correction order for a designated offence; (b) an intensive correction order should not be made if the court is not satisfied that adequate resources exist for the proper monitoring of the defendant while subject to an intensive correction order by a community corrections officer. (4) The court must take the following matters into consideration when determining whether to make an intensive correction order: (a) the impact that the intensive correction order is likely to have on— (i) any victim of the offence for which the defendant is being sentenced; and (ii) any spouse or domestic partner of the defendant; and (iii) any person residing at the residence at which the defendant may, if released, reside; (b) the pre‑sentence report (if any) ordered by the court; (c) any other matter the court thinks relevant. (a) an offence under section 12 (conspiring or soliciting to commit murder); (b) an offence under section 13 (manslaughter); (c) an offence under section 13A (criminal liability in relation to suicide); (d) an offence under section 19 (unlawful threats); (e) an offence under section 19AA (stalking and harassment); (f) an offence under section 19AC (dangerous driving to escape police pursuit); (g) an offence under section 19A (causing death or harm by use of vehicle or vessel); (h) an offence under section 23 (causing serious harm); (i) an offence under section 24 (causing harm); (j) an offence under section 29A (shooting at police officers); (k) an offence under section 39 (kidnapping); (l) an offence under section 137 (robbery); (m) an offence under section 170 (serious criminal trespass—places of residence); (n) an offence under section 270B (assaults with intent) if the offence against the person to which that section applies is a relevant offence referred to in a preceding paragraph; (i) an offence under section 83E (participation in criminal organisation); (ii) an aggravated offence under— (A) section 172 (blackmail); or (B) section 251 (abuse of public office), where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(ga)(i) or (ii) of that Act; (iii) an offence under section 244 (offences relating to witnesses); (iv) an offence under section 245 (offences relating to jurors); (v) an attempt to commit any of the offences referred to in any of the preceding subparagraphs; or (i) an offence under section 32(1) (trafficking (large commercial quantity controlled drug)); (ii) an aggravated offence under section 32(2) (trafficking (commercial quantity controlled drug)); (iii) an aggravated offence under section 32(2a) (trafficking (controlled drug in prescribed area)); (iv) an aggravated offence under section 32(3) (trafficking (controlled drug)); (v) an offence under section 33(1) (manufacturing controlled drug for sale (large commercial quantity)); (vi) an aggravated offence under section 33(2) (manufacturing controlled drug for sale (commercial quantity)); (vii) an aggravated offence under section 33(3) (manufacturing controlled drug for sale); (viii) an aggravated offence under section 33A(1) (sale/manufacture etc controlled precursor (large commercial quantity)); (ix) an aggravated offence under section 33A(2) (sale/manufacture etc controlled precursor (commercial quantity)); (x) an aggravated offence under section 33A(3) (sale/manufacture etc controlled precursor); (xi) an aggravated offence under section 33A(4) (manufacture etc controlled precursor); (xii) an aggravated offence under section 33A(5) (manufacture etc controlled precursor); (xiii) an offence under section 33F (sale, supply or administration of controlled drug to child); (xiv) an offence under section 33G (sale, supply or administration of controlled drug in school zone); (xv) an offence under section 33H (procuring child to commit offence (relating to controlled drug, precursor or plant)); (xvi) an attempt to commit any of the offences referred to in any of the preceding subparagraphs; (a) any of the following offences under the Criminal Law Consolidation Act 1935 where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (i) an offence under section 48 (rape); (ii) an offence under section 48A (compelled sexual manipulation); (iii) an offence under section 49 (unlawful sexual intercourse); (iv) an offence under section 50 (sexual abuse of a child); (v) an offence under section 51 (sexual exploitation of person with a cognitive impairment); (vi) an offence under section 56 (indecent assault); (vii) an offence under section 58 (gross indecency); (viii) an offence under section 59 (abduction); (ix) an offence under section 60 (procuring sexual intercourse); (x) an offence under section 63 (production or dissemination of child exploitation material); (xi) an offence under section 63B (procuring child to commit an indecent act etc); (xii) an offence under section 66 (sexual servitude and related offences); (xiii) an offence under section 67 (deceptive recruiting for commercial sexual services); (xiv) an offence under section 68 (use of children in commercial sexual services); (xv) an offence under section 72 (incest); (xvi) an offence against a corresponding previous enactment substantially similar to an offence referred to in any of the preceding subparagraphs; (xvii) an attempt to commit or an assault with intent to commit any of the offences referred to in any of the preceding subparagraphs; or (a) an aggravated offence under— (i) section 23(1) of the Criminal Law Consolidation Act 1935 (intentionally causing serious harm); or (ii) section 23(3) of the Criminal Law Consolidation Act 1935 (recklessly causing serious harm), where the aggravating circumstances of the offence are the circumstances referred to in section 5AA(1)(c) of that Act and the victim is a police officer; or (b) an offence of attempted murder or attempted manslaughter under the Criminal Law Consolidation Act 1935 where the victim is a police officer and the offender committed the offence— (ii) in retribution for something the offender knows or believes to have been done by the victim in the course of the victim's official duty. (6) A description of an offence appearing in brackets in this section is for convenience of reference only. 82—Conditions of intensive correction order (1) An intensive correction order is subject to the following conditions: (a) a condition requiring the person to be of good behaviour; (b) a condition requiring the person to be under the supervision of a community corrections officer; (c) a condition requiring the person to obey the lawful directions of the community corrections officer to whom the person is assigned; (d) a condition requiring the person to report to a specified place not later than 2 working days after the date of the order unless, within that period, the defendant receives a notice from the CE to the contrary; (e) a condition prohibiting the person from possessing a firearm or ammunition or any part of a firearm; (f) a condition requiring the person to submit to such tests (including testing without notice) for gunshot residue as a community corrections officer may reasonably require; (g) a condition that the person undergo assessment or treatment (or both) relating to the person's mental or physical condition; (ga) a condition requiring the person to undertake an intervention program as directed by the community corrections officer to whom the person is assigned; (h) a condition requiring the person to report to the community corrections officer to whom the person is assigned any change of address or employment, not later than 2 working days after the date of the change; (i) a condition that the person must not leave the State for any reason except in accordance with the written permission of the CE; (j) if the defendant is unemployed—a condition requiring the person to perform a specified number of hours of community service; (k) a condition requiring the person to comply with the following: (i) regulations made for the purposes of this section; (ii) the lawful directions of the CE; (l) such other conditions as the court thinks appropriate and specifies in the order. (2) Without limiting the generality of subsection (1)(l), an intensive correction order may (for example) be subject to any of the following conditions: (a) a condition that the person subject to the order reside at specified premises; (b) a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982; (c) a condition requiring the defendant to abstain from drugs of a specified class (including alcohol); (e) a condition requiring the person to submit to such tests (including testing without notice) relating to drug use, as a community corrections officer may reasonably require; (f) a condition that the person contribute financially to any course or treatment program that the person is required to undertake; (g) any other condition that the court thinks fit. (3) Without limiting the generality of subsection (1)(k)(ii), the CE may (for example) direct the person subject to the order to do 1 or more of the following during the period of the order: (a) reside at specified premises; (b) be monitored (for a period not exceeding 28 days) by use of an electronic device approved under section 4 of the Correctional Services Act 1982; (c) submit to such tests (including testing without notice) relating to drug use, as a community corrections officer may reasonably require; (d) if the defendant is unemployed—perform a specified number of hours of community service per week (which must be at least 12 hours but not more than 20 hours per week). (4) A person subject to an intensive correction order will, unless the intensive correction order is earlier revoked, remain subject to intensive correction in the community until the expiry of the order. (5) Subject to subsection (6), the court may vary or revoke a condition imposed under this section. (6) The court may only vary or revoke the conditions imposed by subsection (1)(e) and (f) if the court is satisfied, by evidence given on oath, that— (b) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public. 83—Orders that court may make on breach of condition of intensive correction order etc (1) Subject to this section, if the court that imposed an intensive correction order on a person is satisfied that a person subject to an intensive correction order has breached a condition of the order, the court must revoke the intensive correction order and order that the balance of the sentence the person was serving in the community be served in custody. (2) Despite subsection (1), if the court is satisfied that the failure of the person to comply with the conditions of the intensive correction order was trivial or there are proper grounds on which the failure should be excused, the court— (a) may refrain from revoking the order; and (b) may vary the order (including by extending the term of the order but not so that the order would exceed in aggregate a period of 2 years or imposing a condition of home detention); and (c) may impose a further condition on, or revoke or vary a condition of, the order. (3) If a court revokes an intensive correction order for a breach of a condition of the order and orders that the balance of the sentence be served in custody under subsection (1)— (a) the balance of the sentence is the balance remaining as at the day on which the breach was committed, but the court may reduce the sentence after taking into account both of the following: (i) any period spent by the person subject to the intensive correction order after the day on which the breach was committed pending determination of the proceedings for the breach; (ii) any period spent by the person in custody pending determination of the proceedings for the breach of condition; and (b) the court may direct that the sentence be cumulative on any other sentence, or sentences, of imprisonment then being served, or to be served, by the person. (3a) A reference in subsection (3) to the day on which the breach (of a condition) was committed will, in the case of proceedings relating to more than 1 breach, be taken to be a reference to the day on which the first breach was committed. (4) If the court imposes a condition of home detention, the terms of the condition require the defendant to reside in a specified place and to remain at that place for a specified period (which may not exceed the balance of the term of the sentence), not leaving it except for 1 of the following purposes: (a) attendance at remunerated employment at such times and places as are approved from time to time by the community corrections officer to whom the person is assigned; (b) urgent medical or dental treatment for the defendant; (ba) attendance at— (i) a place for the purpose of undergoing assessment or treatment (or both) relating to the defendant's mental or physical condition; or (ii) an intervention program; or (iii) any other course of education, training or instruction, or other activity, as approved or directed by the community corrections officer to whom the person is assigned; (c) averting or minimising a serious risk of death or injury (whether to the defendant or some other person); (d) any other purpose approved or directed by the community corrections officer to whom the defendant is assigned. (5) The court may, if it thinks it is necessary to do so for the purpose of proceedings under this section— (a) issue a summons to a person subject to an intensive correction order requiring the person to appear before the court at the time and place specified in the summons; or (6) A person who appears before the court as required by a summons issued under this section may be remanded in custody pending determination of the proceedings. (7) If a person fails to appear before the court as required by a summons issued under this section, the court may issue a warrant for the person's arrest. (8) If a person is arrested pursuant to a warrant issued under this section, the person must be brought before the court or the Magistrates Court not later than the next working day and may be remanded in custody pending determination of the proceedings. (9) A warrant issued under this section authorises the detention of the person in custody pending appearance before the court. (10) The obligations of a person subject to an intensive correction order are suspended during any period the person is in custody. (11) If a person subject to an intensive correction order is found guilty of an offence by a court of a superior jurisdiction to that of the court that made the order, being an offence committed during the period of the intensive correction order, any proceedings for breach of condition arising out of the offence are to be taken in the court of superior jurisdiction. (12) If a person subject to an intensive correction order is found guilty of an offence by a court of an inferior jurisdiction to that of the court that made the order, being an offence committed during the period of the intensive correction order, the court of inferior jurisdiction must— (a) sentence the person for the offence and remand the person to the court that made the intensive correction order to be dealt with for breach of condition of the order; or (b) remand the person to the court that made the intensive correction order to be sentenced for the offence and dealt with for breach of condition of the order. (13) The court dealing with a person for breach of condition of an intensive correction order must hear any evidence adduced tending to establish that the person has failed to comply with a condition of the order and any evidence or representations that the person may wish to adduce or make in reply. (14) In this section— (a) if the court that made the intensive correction order is the Supreme Court—the District Court or the Magistrates Court; (b) if the court that made the intensive correction order is the District Court—the Magistrates Court; (a) if the court that made the intensive correction order is the Magistrates Court—the Supreme Court or the District Court; (b) if the court that made the intensive correction order is the District Court—the Supreme Court. 84—Court to provide CE with copy of intensive correction order If an intensive correction order is made in respect of a person, or the order or conditions of the order are varied or revoked, or a further order is made in respect of the person, the court must notify the CE of the terms of the order, variation, revocation or further order, as the case may require. 85—CE must assign community corrections officer (1) The CE must, on receiving a copy of an intensive correction order (and may after then from time to time) assign the person to whom the order relates to a community corrections officer. (2) The CE must ensure that the person is notified in writing of the name of the community corrections officer to whom the person has been assigned and, if necessary, of the place and time at which the person must first report to that officer. (3) It is the duty of a community corrections officer to endeavour to ensure that any person assigned to the officer complies with the conditions of the order. 86—Provisions relating to community service (1) The following provisions apply to an intensive correction order that includes a condition requiring the performance of community service: (a) the court must specify the number of hours of community service to be performed by the person to whom the sentence relates, being not less than 15 or more than 300; (b) the court must not specify a number of hours of community service to be performed by a person who is already performing, or is liable to perform, community service, where the aggregate of that number and the number of hours previously specified would exceed 300; (c) the court must specify a period, not exceeding 18 months, within which the community service is to be performed; (d) the person is required to report to a specified place not later than 2 working days after the date of the order unless, within that period, the person receives a notice from the CE to the contrary; (e) the person is required to perform community service for not less than 4 hours each week and on such day, or days, as the community corrections officer to whom the person is assigned may direct; (f) the person may not, except in circumstances approved by the Minister for Correctional Services, be required to perform community service for a continuous period exceeding 7.5 hours; (g) if on any day a period of community service is to exceed 4 continuous hours, the next hour must be a meal break; (h) the person may not be required to perform community service at a time that would interfere with the person's remunerated employment or with a course of training or instruction relating to, or likely to assist the person to obtain, remunerated employment, or that would cause unreasonable disruption of the person's commitments in caring for the person's dependants; (i) the person may not be required to perform community service at a time that would cause the person to offend against a rule of a religion that the person practises; (j) the attendance of the person at any educational or recreational course of instruction approved by the Minister for Correctional Services will be taken to be performance of community service; (k) the person will not be remunerated for the performance of community service under the order; (l) the person must obey the lawful directions of the community corrections officer to whom the person is assigned. (2) This section does not apply in relation to the performance of community service by a youth. 87—Court to be notified if suitable community service placement not available (1) If the CE, on being notified that a court has included in an intensive correction order a condition requiring the performance of community service, is of the opinion that suitable community service work cannot be found for the defendant, whether because of the defendant's physical or mental disability, the location of the defendant, or for some other reason, the CE must notify the court in writing of that fact. (2) On receiving a notification under subsection (1), the court may revoke the condition or discharge the intensive correction order (as the case may be) and may require the defendant to appear before the court for further order. 88—Community corrections officer to give reasonable directions (1) A community corrections officer responsible for supervising a person in the community under this Subdivision— (a) must give reasonable directions to the person requiring the person to report to the officer on a regular basis; and (b) may give reasonable directions to the person— (i) requiring the person to notify the officer of any change in the person's place of residence or employment; or (ii) requiring the person to reside, or not to reside, in any particular place or area or with any particular person; or (iii) requiring the person to take up, or not to take up, any particular employment, to be punctual in reporting to work or not to give up some particular employment; and (c) may give the person other directions of a kind authorised by the Minister for Correctional Services, either generally or in relation to that person. (2) If the person is required to perform community service as a condition of an intensive correction order, the community corrections officer may also give reasonable directions to the person— (a) requiring the person to report to a community service centre or other place at certain times; or (b) requiring the person to perform certain projects or tasks as community service; or (c) requiring the person to undertake or participate in courses of instruction at a community service centre or other place; or (d) requiring the person to behave in a particular manner while undertaking community service. 89—Power of Minister in relation to default in performance of community service (1) If the Minister for Correctional Services is satisfied that a person who is required to perform community service as a condition of an intensive correction order has failed to obey a direction given by the community corrections officer to whom the person is assigned, the Minister may, instead of commencing proceedings for breach of order, by notice in writing served personally, increase the number of hours of community service that the person is required to perform. (2) If the Minister increases the hours of community service to be performed under a condition of an intensive correction order, the order will be taken to have been amended accordingly. (3) The number of hours of community service may not be increased under subsection (1) by more than 24 in aggregate, but such an increase may be made despite the fact that its effect is to increase the total number of hours to be performed beyond the normal limit. (4) If the Minister for Correctional Services is satisfied that a person has failed to comply with a condition of an intensive correction order requiring performance of community service, the Minister may, by notice in writing served personally or by post, suspend the operation of the order until proceedings for breach of the intensive correction order have been determined. 90—Apprehension and detention of person subject to intensive correction order without warrant (1) If the CE suspects on reasonable grounds that a person subject to an intensive correction order has breached a condition of the order, the person may be apprehended, without warrant, by a police officer or community corrections officer and detained in custody for the purposes of proceedings relating to the suspected breach under section 83 before the court that imposed the order. (2) Section 83(9) to (11) (inclusive) apply to a person apprehended under this section as if the person were arrested pursuant to a warrant issued under section 83. 91—Offence to contravene or fail to comply with condition of intensive correction order A person subject to an intensive correction order who contravenes or fails to comply with a condition of the order is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. Subdivision 3—General 92—Court may direct person to surrender firearm etc (1) This section applies to the following persons: (a) a person subject to a home detention order under Subdivision 1; (b) a person subject to an intensive correction order under Subdivision 2. (2) A court may, when imposing a sentence on a person to whom this section applies, direct the person to immediately surrender at a police station specified by the court any firearm, ammunition or part of a firearm owned or possessed by the person. (3) No criminal liability attaches to a person to the extent that the person is complying with a direction under this section. (4) The Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations. (5) No compensation is payable by the Crown or any other person in respect of the exercise of a function or power under this section. (6) The regulations may provide for the payment, recovery or waiver of fees in respect of this section.