New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 99

99 Additional conditions

(1) The sentencing court may at the time of sentence, or subsequently on the application of a community corrections officer or juvenile justice officer or the offender--

(a) impose on a conditional release order any of the additional conditions of a conditional release order, or

(b) vary or revoke any such additional conditions imposed by it on a conditional release order.

(2) The additional conditions of a conditional release order that are available to be imposed are the following (as directed by the sentencing court)--

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

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

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

(d) a place restriction condition prohibiting the frequenting of or visits to a particular place or area,

(e) a supervision condition requiring the offender to submit to supervision--

(i) by a community corrections officer, except as provided by subparagraph (ii), or

(ii) if the offender was under the age of 18 years when the condition was imposed, by a juvenile justice officer until the offender has reached that age.

(2A) The functions of a community corrections officer under a supervision condition may be exercised by a juvenile justice officer and the functions of a juvenile justice officer under a supervision condition may be exercised by a community corrections officer, in accordance with any arrangements between Corrective Services NSW and Juvenile Justice NSW.

(3) An additional condition of any of the following kinds must not be imposed on a conditional release order--

(a) a home detention condition,

(b) an electronic monitoring condition,

(c) a curfew condition,

(d) a community service work condition.

(3A) The sentencing court may not impose a supervision condition on a conditional release order in respect of an offender who resides, or intends to reside, in another State or Territory, unless the State or Territory is declared by the regulations to be an approved jurisdiction.

(4) The sentencing court may limit the period during which an additional condition on a conditional release 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 a conditional release order.