Corrections and Sentencing Legislation Amendment Act 2011 (ACT)

Corrections and Sentencing Legislation Amendment Act 2011

A2011-57

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Corrections Management Act 2007

4            Segregation—safety and securitySection 90 (5) (b)  3

5            Segregation—protective custodySection 91 (5) (b)  3

6            Segregation—healthSection 92 (4) (c)  3

7           Duration of investigative segregationSection 163 (2) (b)  3

Part 3Crimes (Sentence Administration) Act 2005

8            New section 41A  4

9            Periodic detention—application for approval not to perform etcSection 56 (2)  4

10          Board powers—management of periodic detentionSection 75 (5) (a)  4

11          Suspension or cancellation of periodic detention—recommittal tofull-time detentionSection 82 (4) (a)  4

12          Confidentiality of board documentsNew section 192 (5)  5

13          New section 303A  5

Part 4Crimes (Sentencing) Act 2005

14          Pre-sentence reports—orderSection 41 (6), definition of assessor  6

15          Pre-sentence reports—availability of written reportsSection 45 (1)  6

Corrections and Sentencing Legislation Amendment Act 2011

A2011-57

An Act to amend legislation in relation to corrections management and sentencing, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Corrections and Sentencing Legislation Amendment Act 2011.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the following legislation:

   ·     Corrections Management Act 2007

   ·     Crimes (Sentence Administration) Act 2005

   ·     Crimes (Sentencing) Act 2005.

Part 2Corrections Management Act 2007

1. Segregation—safety and security
   Section 90 (5) (b)

   substitute

   (b)if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and

2. Segregation—protective custody
   Section 91 (5) (b)

   substitute

   (b)if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and

3. Segregation—health
   Section 92 (4) (c)

   substitute

   (c)if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and

4. Duration of investigative segregation
   Section 163 (2) (b)

   substitute

   (b)if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and

Part 3Crimes (Sentence Administration) Act 2005

1. New section 41A

   in part 5.1, insert

41APeriodic detention—effect on sentence of imprisonment

An offender who performs periodic detention for a detention period is taken to serve 7 days of the offender’s sentence of imprisonment.

1. Periodic detention—application for approval not to perform etc
   Section 56 (2)

   after

   doctor’s certificate

   insert

   , or a certified copy of the certificate

2. Board powers—management of periodic detention
   Section 75 (5) (a)

   substitute

   (a)the offender’s health; or

3. Suspension or cancellation of periodic detention—recommittal to full-time detention
   Section 82 (4) (a)

   substitute

   (a)be in writing signed by the chair, or a deputy chair, of the board; and

4. Confidentiality of board documents
   New section 192 (5)

   insert

   (5)For this section, a document is given to a person if the contents of the document are made known to the person.

   Examples—making known the contents of a document to a person

   ·     reading the document to the person

   ·     showing the document to the person

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

5. New section 303A

   in division 13.1.4, insert

303ACorrections officers to report breach of release on licence obligations

(1)This section applies if a corrections officer believes on reasonable grounds that an offender has breached any of the offender’s release on licence obligations.

(2)The corrections officer must report the belief to the board in writing.

(3)The report must be accompanied by a copy of a written record in support of the corrections officer’s belief.

Part 4Crimes (Sentencing) Act 2005

1. Pre-sentence reports—order
   Section 41 (6), definition of assessor

   substitute

   assessor means—

   (a)a public servant whose functions include preparing pre‑sentence reports; or

   (b)a person with similar functions under the law of a State.

2. Pre-sentence reports—availability of written reports
   Section 45 (1)

   substitute

   (1)This section applies if the court has received a written pre-sentence report for an offender at least 2 working days before the offender is to be sentenced.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 17 November 2011.

2. Notification

   Notified under the Legislation Act on 14 December 2011.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Corrections and Sentencing Legislation Amendment Bill 2011, which was passed by the Legislative Assembly on 8 December 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011