New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 73A

73A Additional conditions

(1) In addition to the standard conditions, the sentencing court must at the time of sentence impose on an intensive correction order at least 1 of the additional conditions referred to in subsection (2).

(1A) Despite subsection (1), the sentencing court is not required to impose an additional condition if the court is satisfied there are exceptional circumstances.

(1B) The sentencing court must make a record of its reasons for not imposing an additional condition. The failure of the sentencing court to do so does not invalidate the sentence.

(2) The additional conditions of an intensive correction order that are available to be imposed are the following conditions (as directed by the sentencing court)--

(a) a home detention condition,

(b) an electronic monitoring condition,

(c) a curfew condition imposing a specified curfew,

(d) a community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 750 hours or the number of hours prescribed by the regulations in respect of the class of offences to which the relevant offence belongs, whichever is the lesser),

(e) a rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment,

(f) an abstention condition requiring abstention from alcohol or drugs or both,

(g) a non-association condition prohibiting association with particular persons,

(h) a place restriction condition prohibiting the frequenting of or visits to a particular place or area.

(3) The sentencing court must not impose a home detention condition or community service work condition on an intensive correction order unless an assessment report states that the offender is suitable to be the subject of such a condition.

Note--: The provisions of section 17D (2), (3) and (4) refer specifically to assessment reports regarding home detention conditions and community service work conditions.

(4) The sentencing court may limit the period during which an additional condition imposed by it on an intensive correction order is in force.

Note--: Regulations may be made under the Crimes (Administration of Sentences) Act 1999 to prescribe the offender's obligations under an additional condition of an intensive correction order.

(5) The period during which a community service work condition requiring the performance of a specified number of hours of community service work is in force must not be less than the period prescribed by the regulations in respect of the specified number of hours of community service work.