New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 116

116 Effect of detention in mental health facility on sentence and parole

(1) A period of detention of a person in a mental health facility or other place, following a transfer under this Part from a correctional centre or detention centre, is to be treated as if it were a period of imprisonment in a correctional centre or a detention centre for the purposes of the person's sentence and parole.

(2) For the purposes of Part 6 of the Crimes (Administration of Sentences) Act 1999 , a forensic patient who is currently serving a sentence of imprisonment, or a correctional patient, who is detained in a mental health facility, is taken to be serving a full-time sentence of detention in a correctional centre or detention centre.

Note : Part 6 of that Act contains provisions permitting the granting of parole to certain persons serving full-time sentences of detention.

(3) The detention of a person in a mental health facility or other place under this Part does not prevent the granting of parole to the person under the Crimes (Administration of Sentences) Act 1999 .