Victorian Numbered Acts

SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011 (NO. 65 OF 2011) - SECT 35

For section 80 of the Sentencing Act 1991 substitute —

        "     80     Justice plan condition

    (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

        (b)     a statement from the Secretary to the Department of 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).

    (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 Human Services.".