New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 89

89 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 community correction order any of the additional conditions of a community correction order, or

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

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

(a) a curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours),

(b) a community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 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),

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

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

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

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

(g) 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 community correction order-

(a) a home detention condition,

(b) an electronic monitoring condition,

(c) a curfew condition imposing a curfew exceeding 12 hours in any period of 24 hours.

(4) The sentencing court must not impose a community service work condition on a community 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 (4) refer specifically to assessment reports regarding community service work conditions.

(4A) The sentencing court may not impose a supervision condition on a community correction 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.

(4B) The sentencing court may not impose a community service work condition on a community correction order in respect of an offender who resides, or intends to reside, in another State or Territory, unless-

(a) the court is satisfied that the offender is able and willing to travel to New South Wales to complete the community service work, or

(b) the State or Territory is declared by the regulations to be an approved jurisdiction.

(4C) 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.

(5) The sentencing court may limit the period during which an additional condition on a community 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 a community correction order.