Where a person is sentenced to a term of imprisonment of not more than 2 years, the court may make an order directing that the sentence be served by way of Intensive Correction Order. The sentence is served by an Intensive Correction Order in the community under the supervision of Corrective Services NSW. There is no parole set for an ICO, this means that offenders must serve the whole term of the sentence handed down.
Where you are sentenced to an Intensive Correction Order, strict conditions are imposed and they include:
- To be of good behaviour and not commit any offence;
- To reside only at premises approved by a supervisor;
- To submit to alcohol and drug use testing;
- To undertake a minimum of 32 hours of community service work per month;
- To engage in activities to address the factors associated with offending.
You may also be required to do the following:
- Be subject to electronic monitoring;
- Comply with a curfew;
- Be subjected to alcohol testing;
- Be subjected to unannounced home visits.
An ICO may be available if a Court considers that no other sentence is appropriate other than a custodial sentence of two years or less. An ICO will not be considered if the offence is a prescribed sexual offence.
Before making an Intensive Correction Order, the court will order an assessment to determine suitability. The assessment will consider:
- Criminal history;
- Managing the offender in the community;
- Accommodation available to the offender;
- Likelihood that the offender will commit a domestic violence offence;
- Drug and alcohol history of the offender;
- Physical and mental health;
- Availability of community work and resources to supervise the offender.
An Intensive Correction Order may not be made in respect of a sentence of imprisonment for a prescribed sexual offence being: an offence where the victim is under 16 years of age or an offence where the victim is any age and which includes sexual intercourse.
Breaches of Intensive Correction Orders are not dealt with by the court but rather the Commissioner of Corrective Services, and the Parole Authority deals with breaches. Where an offender breaches an Intensive Correction Order, the Commissioner may impose a formal warning, a sanction in the form of more stringent conditions or refer serious breaches to the Parole Authority, which can impose a period of up to 7 days home detention on the offender or revoke the Intensive Correction Order with the consequence that the sentence of imprisonment is served as full-time custody.