New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 236M

236M Accommodation of offenders in residential facilities

(1) The Commissioner may approve the use of a residential facility for any of the following purposes--

(a) accommodating inmates (or an approved class of inmates) prior to release from custody,

(b) accommodating other persons who are the subject of community-based orders.

(2) Part 2, and the regulations relating to that Part, apply to a residential facility in the same way as they apply to a correctional centre, subject to this section and any modifications prescribed by the regulations.

(3) For the purposes of the application of Part 2 to a residential facility--

(a) a reference in that Part to an inmate includes an inmate residing in a residential facility, but does not include a person residing in a residential facility who is the subject of a community-based order, and

(b) a reference in that Part to the governor of a correctional centre is taken to be a reference to the manager of the residential facility, and

(4) The regulations may provide for the application to residential facilities of other provisions of this Act that apply in respect of correctional centres.

(5) In this section, a
"community-based order" means any of the following orders--

(a) an order under Division 3 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 ,

(b) a re-integration home detention order, a parole order or an intensive correction order,

(c) an extended supervision order or an interim supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 ,

(d) a community supervision order (within the meaning of Part 4A), if the person subject to it is in community custody (Stage 3) (within the meaning of that Part).