Intensive Correction Orders
What is an intensive corrections order NSW?
Intensive Correction Orders are sentences of imprisonment served in the community. Those sentences can be for up to two years for one offence and three years for multiple offences. All Community Correction Orders involve a conviction being recorded and they are considered to be the most severe punishment short of being sent to jail. They are still more favourable to imprisonment, however, as the time is spent in the community.
An Intensive Correction Order has conditions attached to it. If you do not comply with the conditions you could have your Intensive Correction Order revoked. If the Intensive Correction Order is revoked, you may be required to serve the balance of time left on the Intensive Correction Order in prison.
What are the conditions of Intensive Correction Orders?
The standard conditions of an Intensive Correction Order are the following:
- A condition that you must not commit any offence,
- A condition that the offender must submit to supervision by a community corrections officer.
Added conditions that are available to be imposed on you are the following:
- A home detention condition,
- An electronic monitoring condition,
- A curfew condition imposing a specified curfew,
- A community service work condition requires the performance of community service work for a specified number of hours (not exceeding 750 hours),
- A rehabilitation or treatment condition requiring you to participate in a rehabilitation program or to receive treatment,
- An abstention condition requiring abstention from alcohol or drugs or both,
- A non-association condition prohibiting association with particular persons,
- A place restriction condition prohibiting the frequenting of or visits to a particular place or area.
The following are the maximum number of hours for community service work when it is a condition of a CCO:
- 100 hours — for offences with a maximum penalty of up to six months imprisonment,
- 200 hours — for offences with a maximum penalty of between six months and 12 months imprisonment,
- 500 hours — for offences with a maximum penalty of more than 12 months imprisonment.
The minimum period a community service work condition is in force is associated with the specified hours. Those periods are as follows:
- Six months , if the hours of work do not exceed 100 hours
- 12 months, if the hours of work exceed 100 hours but not 300 hours
- 18 months, if the hours of work exceed 300 hours but not 500 hours
- Two years, if the hours of work exceed 500 hours.
What role does community safety play in the making of an Intensive Correction Order?
When determining whether to make an Intensive Correction Order, community safety must be the court’s paramount consideration. When considering community safety, the court must assess whether making the order or serving the sentence by way of full-time imprisonment is more likely to address the offender’s risk of re-offending.
What offences are not available for the court to make an Intensive Correction Order for?
An intensive corrections order must not be made in respect of a sentence of imprisonment for any of the following offences:
- Murder or manslaughter,
- A prescribed sexual offence,
- A terrorism offence within the meaning of the Crimes Act 1914 of the Commonwealth or an offence under section 310J of the Crimes Act 1900,
- An offence relating to the contravention of a serious crime prevention order under section 8 of the Crimes (Serious Crime Prevention Orders) Act 2016,
- An offence relating to contravention of a public safety order under section 87ZA of the Law Enforcement (Powers and Responsibilities) Act 2002,
- An offence involving the discharge of a firearm,
- An offence that includes the commission of, or an intention to commit an offence referred to above.
- An offence of attempting, or of conspiracy or incitement to commit an offence referred to above.
An Intensive Correction Order CO must not be made for a domestic violence offence unless the court is satisfied the victim of the domestic violence offence and any person with whom the offender is likely to reside, will be adequately protected.
Can I vary an Intensive Correction Order?
The Parole Authority may on the application of yourself or a community corrections officer, impose, vary or revoke any conditions of an ICO including those imposed by the sentencing court.
What happens if I breach an Intensive Correction Order?
You will be in breach of an Intensive Correction Order if you commit a criminal offence while on the Community Correction Order. Or, if you do not comply with its conditions.
If the Commissioner of Corrective Services or a community corrections officer is satisfied that you have failed to comply with your obligations under an Intensive Correction Order, a community corrections officer may:
- Record the breach and take no formal action.
- Give an informal warning to you.
- Give a formal warning that further breaches will result in referral to the Parole Authority.
- Give a direction about the non-compliant behaviour.
- Impose a curfew.
If the breach is more serious the Commissioner or a community corrections officer can refer the breaches to the Parole Authority. Where the Parole Authority is satisfied that you have failed to comply with the Intensive Correction Order:
- Record the breach and take no further action.
- Give a formal warning.
- Impose any conditions on the Intensive Correction Order.
- Vary or revoke the conditions of the ICO, including those imposed by the court.
- Revoke the Intensive Correction Order, resulting in your serving the remainder of your sentence in prison.