South Australian Current Acts South Australian Current Acts81—Intensive correction orders
(1) Subject to this
section, if—
(a) a
court has imposed a sentence of imprisonment on a defendant of a term that is
2 years or less; and
(b) the
court considers that the sentence should not be suspended under Part 4
Division 2; and
(c) the
court determines that there is good reason for the defendant to serve the
sentence in the community while subject to intensive correction,
the court may order that the defendant serve the sentence in the community
while subject to intensive correction (an "intensive correction order ).
(2) For the purposes
of subsection (1)(c), the court may determine that, even though a
custodial sentence is warranted and there is a moderate to high risk of the
defendant re-offending, any rehabilitation achieved during the period that
would be spent in prison is likely to be limited compared to the likely
rehabilitative effect if the defendant were instead to spend that period in
the community while subject to intensive correction.
(3) The following
provisions apply to an intensive correction order:
(a) an
intensive correction order must not be made if the sentence is to be served
cumulatively on another term of imprisonment (other than a term of
imprisonment to be served subject to an intensive correction order), or
concurrently with another term of imprisonment then being served, or about to
be served, by the defendant;
(ab) an
intensive correction order must not be made if the defendant is being
sentenced—
(i)
as an adult for a serious sexual offence; or
(ii)
as an adult for a serious and organised crime offence or
specified offence against police; or
(iii)
as an adult for a designated offence and, during the
5 year period immediately preceding the date on which the relevant
offence was committed, a court has sentenced the defendant to imprisonment
(other than where the sentence is suspended), home detention or an
intensive correction order for a designated offence;
(b) an
intensive correction order should not be made if the court is not satisfied
that adequate resources exist for the proper monitoring of the defendant while
subject to an intensive correction order by a community corrections officer.
(4) The court must
take the following matters into consideration when determining whether to make
an intensive correction order:
(a) the
impact that the intensive correction order is likely to have on—
(i)
any victim of the offence for which the defendant is
being sentenced; and
(ii)
any spouse or domestic partner of the defendant; and
(iii)
any person residing at the residence at which the
defendant may, if released, reside;
(b) the
pre-sentence report (if any) ordered by the court;
(c) any
other matter the court thinks relevant.
(5) In this
section—
"designated offence" means any of the following offences under the
Criminal Law Consolidation Act 1935 :
(a) an
offence under section 12 (conspiring or soliciting to commit murder);
(b) an
offence under section 13 (manslaughter);
(c) an
offence under section 13A (criminal liability in relation to suicide);
(d) an
offence under section 19 (unlawful threats);
(e) an
offence under section 19AA (unlawful stalking);
(f) an
offence under section 19AC (dangerous driving to escape police pursuit);
(g) an
offence under section 19A (causing death or harm by use of vehicle or
vessel);
(h) an
offence under section 23 (causing serious harm);
(i)
an offence under section 24 (causing harm);
(j) an
offence under section 29A (shooting at police officers);
(k) an
offence under section 39 (kidnapping);
(l) an
offence under section 137 (robbery);
(m) an
offence under section 170 (serious criminal trespass—places of
residence);
(n) an
offence under section 270B (assaults with intent) if the offence against
the person to which that section applies is a relevant offence referred to in
a preceding paragraph;
"serious and organised crime offence" means—
(a) any
of the following offences under the Criminal Law Consolidation Act 1935
:
(i)
an offence under section 83E (participation in
criminal organisation);
(ii)
an aggravated offence under—
(A) section 172 (blackmail); or
(B) section 251 (abuse of public
office),
where the aggravating circumstances of the offence are the circumstances
referred to in section 5AA(1)(ga)(i) or (ii) of that Act;
(iii)
an offence under section 244 (offences relating to
witnesses);
(iv)
an offence under section 245 (offences relating to
jurors);
(v)
an attempt to commit any of the offences referred to in
any of the preceding subparagraphs; or
(b) any
of the following offences under the Controlled Substances Act 1984 :
(i)
an offence under section 32(1) (trafficking (large
commercial quantity controlled drug));
(ii)
an aggravated offence under section 32(2)
(trafficking (commercial quantity controlled drug));
(iii)
an aggravated offence under section 32(2a)
(trafficking (controlled drug in prescribed area));
(iv)
an aggravated offence under section 32(3)
(trafficking (controlled drug));
(v)
an offence under section 33(1) (manufacturing
controlled drug for sale (large commercial quantity));
(vi)
an aggravated offence under section 33(2)
(manufacturing controlled drug for sale (commercial quantity));
(vii)
an aggravated offence under section 33(3)
(manufacturing controlled drug for sale);
(viii)
an aggravated offence under section 33A(1)
(sale/manufacture etc controlled precursor (large commercial quantity));
(ix)
an aggravated offence under section 33A(2)
(sale/manufacture etc controlled precursor (commercial quantity));
(x)
an aggravated offence under section 33A(3)
(sale/manufacture etc controlled precursor);
(xi)
an aggravated offence under section 33A(4)
(manufacture etc controlled precursor);
(xii)
an aggravated offence under section 33A(5)
(manufacture etc controlled precursor);
(xiii)
an offence under section 33F (sale, supply or
administration of controlled drug to child);
(xiv)
an offence under section 33G (sale, supply or
administration of controlled drug in school zone);
(xv)
an offence under section 33H (procuring child to
commit offence (relating to controlled drug, precursor or plant));
(xvi)
an attempt to commit any of the offences referred to in
any of the preceding subparagraphs;
"serious sexual offence" means—
(a) any
of the following offences under the Criminal Law Consolidation Act 1935
where the maximum penalty prescribed for the offence is, or includes,
imprisonment for at least 5 years:
(i)
an offence under section 48 (rape);
(ii)
an offence under section 48A (compelled sexual
manipulation);
(iii)
an offence under section 49 (unlawful sexual
intercourse);
(iv)
an offence under section 50 (sexual abuse of a
child);
(v)
an offence under section 51 (sexual exploitation of
person with a cognitive impairment);
(vi)
an offence under section 56 (indecent assault);
(vii)
an offence under section 58 (gross indecency);
(viii)
an offence under section 59 (abduction);
(ix)
an offence under section 60 (procuring sexual
intercourse);
(x)
an offence under section 63 (production or
dissemination of child exploitation material);
(xi)
an offence under section 63B (procuring child to
commit an indecent act etc);
(xii)
an offence under section 66 (sexual servitude and
related offences);
(xiii)
an offence under section 67 (deceptive recruiting
for commercial sexual services);
(xiv)
an offence under section 68 (use of children in
commercial sexual services);
(xv)
an offence under section 72 (incest);
(xvi)
an offence against a corresponding previous enactment
substantially similar to an offence referred to in any of the preceding
subparagraphs;
(xvii)
an attempt to commit or an assault with intent to commit
any of the offences referred to in any of the preceding subparagraphs; or
(b) an
offence against the law of another State or a Territory corresponding to an
offence referred to in paragraph (a);
"specified offence against police" means—
(a) an
aggravated offence under—
(i)
section 23(1) of the Criminal Law Consolidation
Act 1935 (intentionally causing serious harm); or
(ii)
section 23(3) of the Criminal Law Consolidation
Act 1935 (recklessly causing serious harm),
where the aggravating circumstances of the offence are the circumstances
referred to in section 5AA(1)(c) of that Act and the victim is a police
officer; or
(b) an
offence of attempted murder or attempted manslaughter under the
Criminal Law Consolidation Act 1935 where the victim is a police officer
and the offender committed the offence—
(i)
knowing the victim to be acting in the course of the
victim's official duty; or
(ii)
in retribution for something the offender knows or
believes to have been done by the victim in the course of the victim's
official duty.
(6) A description of
an offence appearing in brackets in this section is for convenience of
reference only.