New South Wales Consolidated Acts

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

106I Sanctions for non-compliance with personal plan

(1) If the Commissioner is satisfied that an offender has failed to comply with any condition of the offender's compulsory drug treatment personal plan, the Commissioner may impose any one or more of the sanctions specified in subsection (2).

(2) The following kinds of sanctions may be imposed on an offender under this section--

(a) withdrawal of privileges granted to the offender under section 106J (2) (a),

(b) an increase in the level of the management of the offender in the Compulsory Drug Treatment Correctional Centre,

(c) an application to the Drug Court to vary any community supervision order applying to the offender to increase the level of supervision to which the offender is subject,

(d) an application to the Drug Court to vary the offender's compulsory drug treatment personal plan to increase the frequency with which the offender must undergo periodic testing for drugs.

(3) The Commissioner must refer an offender to the Drug Court if the Commissioner is of the opinion that the offender's failure to comply with any condition of the offender's compulsory drug treatment personal plan is of such a serious nature that it might warrant the Drug Court making any of the following--

(a) a regression order,

(b) a revocation order,

(c) a variation of any community supervision order applying to the offender to increase the level of supervision to which the offender is subject.

(3A) However, the Commissioner is not required to refer an offender to the Drug Court under subsection (3) for a failure to comply with a condition of the offender's compulsory drug treatment personal plan if the Director has made a regression direction under section 106MA with respect to the offender for that failure.

(4) Without affecting the other circumstances in which an offender is taken to have failed to comply with his or her compulsory drug treatment personal plan, if an offender is charged before a court with an offence referred to in section 5A (2) of the Drug Court Act 1998 --

(a) the offender is taken to have failed to comply with his or her compulsory drug treatment personal plan and that failure is taken to be of a serious nature, and

(b) the Commissioner must refer the offender to the Drug Court.

(5) Nothing in this section prevents--

(a) the Commissioner from referring an offender to the Drug Court for any other reason, or

(b) the Drug Court from dealing with an offender as it sees fit, including making any order under this Part.