New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106F

106F Compulsory drug treatment personal plans

(1) The Commissioner must, as soon as practicable after the making of a compulsory drug treatment order in relation to an offender, prepare a plan that imposes conditions on the offender regarding the offender's drug treatment and rehabilitation during the period of operation of that order (the offender's
"compulsory drug treatment personal plan" ).

(2) An offender's compulsory drug treatment personal plan comes into operation when it is approved by the Drug Court.

(3) The Commissioner, when preparing a compulsory drug treatment personal plan, must consult the Chief Executive, Justice Health or the Chief Executive's delegate.

(4) The Drug Court may make recommendations to the Commissioner regarding the conditions to be included in an offender's compulsory drug treatment personal plan.

(5) A compulsory drug treatment personal plan may be approved by the Drug Court in the absence of the offender in respect of whom it is made.

(6) The kinds of conditions that may be imposed on an offender in a compulsory drug treatment personal plan are as follows--

(a) conditions relating to conduct and good behaviour,

(b) conditions relating to attendance for counselling or other treatment,

(c) conditions relating to the management of the offender in the Compulsory Drug Treatment Correctional Centre,

(d) conditions relating to periodic drug testing that the offender must undergo,

(e) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the offender into the community,

(f) any other kinds of conditions that may be prescribed by the regulations,

(g) such other conditions as the Commissioner considers appropriate in the circumstances,

(h) such other conditions as the Drug Court considers appropriate in the circumstances.

(7) The regulations referred to in subsection (6) (f) may deal with the following--

(a) the form of compulsory drug treatment,

(b) the provision of integrated case management services to the offender,

(c) the key elements of non-pharmacotherapy drug treatment programs.

(8) The regulations may make provision for or with respect to the following--

(a) the preparation and implementation of compulsory drug treatment personal plans (including comprehensive individual assessments of offenders before the making of any such plans),

(b) the role and responsibilities of an offender under the offender's compulsory drug treatment personal plan,

(c) the role and responsibilities of persons responsible for the offender's care and treatment,

(d) ongoing review and regular updating of compulsory drug treatment personal plans,

(e) informing the Drug Court of the contents of offenders' compulsory drug treatment personal plans.

(9) The conditions of an offender's compulsory drug treatment personal plan relating to periodic drug testing do not prevent any random drug testing of the offender.