New South Wales Consolidated Acts

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

106P Commissioner of Corrective Services may make regression and removal orders in special circumstances

(1) The Commissioner may order that an offender serving his or her sentence--

(a) in semi-open detention (Stage 2) regress to closed detention (Stage 1), or

(b) in community custody (Stage 3) regress to closed detention (Stage 1), or

(c) in community custody (Stage 3) regress to semi-open detention (Stage 2).

(2) The Commissioner may order that an offender serving his or her sentence in closed detention (Stage 1) or semi-open detention (Stage 2) be removed from the Compulsory Drug Treatment Correctional Centre and taken to another correctional centre and held in separate custody.

(3) The Commissioner may make an order referred to in subsection (1) or (2) only if the Commissioner believes, on reasonable grounds, that--

(a) the security of the community is threatened, or

(b) the good order and discipline of a correctional centre may be jeopardised if the offender is not regressed or removed, or

(c) the offender may be about to commit an offence, or

(d) another reason exists to regress or remove the offender.

(4) The Commissioner must immediately notify the Drug Court if the Commissioner makes an order under this section and must give the Drug Court his or her reasons for making the order.

(5) Within 21 days (or such other period determined by the Drug Court) after receiving the notification of the Commissioner, the Drug Court must review the Commissioner's order and make an order--

(a) revoking the Commissioner's order, or

(b) confirming the Commissioner's order, or

(c) confirming the Commissioner's order, but amending its terms, or

(d) revoking, in accordance with section 106Q, the offender's compulsory drug treatment order.

(6) The Drug Court when reviewing a Commissioner's order under subsection (5) is to have regard to and give substantial weight to any recommendations of the Commissioner.

(7) No appeal lies against the Drug Court in relation to a decision regarding an order under subsection (5).