The following are the mandatory conditions of an intensive correction order to be imposed by a court under section 81 of the Act:
Offenders on Intensive Correction Orders (ICO) are supervised by the Community Corrections division of Corrective Services NSW (CSNSW). Upon Community Corrections becoming aware of a breach of ICOs, a breach report is submitted to the ICO Management Committee staffed by Senior Management of CSNSW.
If the ICO Management Committee believes the breach is not serious enough to revoke the order, a sanction can be imposed. This sanction can be a formal warning or a more stringent application of the conditions of the ICO, or both of these.
If the ICO Management Committee believes the breach is serious enough to warrant breach action, the matter is referred to the State Parole Authority.
Once an ICO is revoked, the Parole Authority issues a warrant for arrest that is executed by the NSW Police who facilitate the offender's return to custody.
Upon an offender being returned to custody, legislation states than an offender must spend 14 days in a correctional centre before being issued with paperwork in relation to the breach of their order.
The Authority sets a review date (ie. public hearing) during this time and then provides the offender with the documents that was relied upon in making the decision to revoke the order.
The offender is then able to obtain legal advice and representation and appear at the hearing via audio-visual link.
An offender can apply to have their ICO reinstated once revoked after serving at least 1 month of full-time custody and providing the Authority with reasons as to why they can now comply with the requirements of the order.
The Authority then requests that Community Corrections complete an assessment as to the suitability of the offender to recommence on their ICO.
The Authority can make an order directing the remainder of an ICO be served by way of home detention upon revocation of the ICO.
It should be noted that the ICO needs to have less than 18 months remaining on the order and the conditions that apply in respect of making a home detention order as per Part 6 of the Crimes (Sentencing Procedures) Act 1999 still apply.
If you are not suitable for reinstatement of your ICO or assessed as suitable for a home detention order you will need to serve the remainder of your sentence in full time custody
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