(1) A court that is considering—
(a) making a community correction order; or
(b) releasing an offender on adjournment with or without recording a conviction—
may attach a condition to the order directing that the offender participate in the services specified in the plan prepared under subsection (3)(c).
(2) In attaching a condition under subsection (1) the court must—
(a) consider the plan and the other information requested under subsection (3); and
(b) have regard to those objectives and principles specified in Part 2 of the Disability Act 2006 .
(3) A court which is considering making an order attaching a justice plan condition may request—
(a) a pre-sentence report under Division 1A of Part 3; and
S. 80(3)(b) amended by No. 19/2019 s. 269(1).
(b) a statement from the Secretary to the Department of Health and Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006 ; and
(c) a plan of available services designed to reduce the likelihood of the offender committing further offences and that is in accordance with the objectives and principles of Part 2 of the Disability Act 2006 .
(4) When attaching a justice plan condition, the condition may apply for a period of up to 2 years, as specified by the court or the period of the sentence (whichever is the shorter).
S. 80(5) amended by No. 19/2019 s. 269(1).
(5) If a court attaches a justice plan condition it must cause a copy of the order to be supplied to the Secretary to the Department of Health and Human Services.