New South Wales Consolidated Regulations
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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 20
Placement of inmates
20 Placement of inmates
(1) In determining the correctional centre in which an inmate is to be placed,
the Commissioner is to have regard to the following matters-- (a) the inmate's
classification,
(a1) if the inmate's classification is Category Life, that
such inmates should be confined at all times by a secure physical barrier
unless extraordinary circumstances exist,
(b) if available, the sentencing
court's comments in relation to the inmate,
(c) any assessment that has been
made as to the inmate's physical or mental health,
(d) the provision of
health care services to the inmate,
(e) whether or not the inmate is likely
to be removed from Australia,
(f) the inmate's criminal history and history
of behaviour during any previous period of imprisonment,
(g) the inmate's
history of behaviour while subject to supervision otherwise than as an inmate
under any conditions of bail or parole or any other conditions imposed by a
court order (including an extended supervision order under the
Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders)
Act 2017 ),
(h) any assessment that has been made (whether by an employee of
Corrective Services NSW or of any other government department or public
authority) as to-- (i) the level of risk that the inmate poses to good order
and security, and
(ii) the likelihood that the inmate may try to escape from
custody, and
(iii) any factors contributing to the inmate's criminal
behaviour, and
(iv) the likelihood of the inmate committing further offences,
whether of the same or of a different kind,
(i) the need to protect the
community,
(j) the proximity of the correctional centre to the inmate's
family members,
(k) the availability of resources and appropriate programs
and services at the correctional centre in which the inmate is to be held.
(2) Subclause (1) does not limit the matters that the Commissioner may have
regard to in making the determination.
(3) An inmate's placement in a
correctional centre is to be reviewed at least once every 12 months and at the
other times the Commissioner determines.
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