Victorian Numbered Acts

SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) ACT 2011 (NO. 65 OF 2011) - SECT 39

After section 82 of the Sentencing Act 1991 insert —

        " 82AA     Residential treatment order

    (1)     A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if—

        (a)     the offender has been found guilty of a serious offence; or

        (b)     the offender has been found guilty of an offence against section 39 of the Crimes Act 1958 (indecent assault).

    (2)     If a court is considering making a residential treatment order the court may request—

        (a)     a pre-sentence report in accordance with 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.

    (3)     A court may only make a residential treatment order if the Secretary to the Department of Human Services has specified—

        (a)     that the person is suitable for admission to a residential treatment facility; and

        (b)     in the plan of available services, that services are available in a residential treatment facility.

    (4)     If a court makes a residential treatment order it must cause a copy of the order to be supplied to the Secretary to the Department of Human Services.".