Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019 (NSW)

An Act to amend the Crimes (Administration of Sentences) Act 1999 in relation to behaviour management policies and withdrawable privileges provided to inmates.

1Name of Act

This Act is the Crimes (Administration of Sentences) Amendment (Inmate Behaviour) Act 2019.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Crimes (Administration of Sentences) Act 1999 No 93

Insert after section 65:

65ABehaviour management policies(1)

The Commissioner may adopt policies to manage the behaviour of inmates of correctional centres (behaviour management policies).

(2)

A behaviour management policy may:

• (a)

  include any matter relating to the management of the behaviour of inmates in accordance with this Act and the regulations, and

• (b)

  specify circumstances in which the withdrawable privileges provided to an inmate may be modified either by increasing or depriving the inmate of privileges.

(3)

Despite any other provision of this Division, modifying the withdrawable privileges provided to an inmate in accordance with a behaviour management policy:

• (a)

  is authorised even if the circumstances causing the modification relate to an act or omission that is a correctional centre offence or criminal offence, and

• (b)

  may be done at any time regardless of any proceedings or process underway or penalty imposed in relation to a correctional centre offence or criminal offence, and

• (c)

  does not prevent the commencement or continuation of proceedings for a correctional centre offence or criminal offence.