South Australian Current Acts South Australian Current Acts82—Conditions of intensive correction order
(1) An intensive
correction order is subject to the following conditions:
(a) a
condition requiring the person to be of good behaviour;
(b) a
condition requiring the person to be under the supervision of a
community corrections officer;
(c) a
condition requiring the person to obey the lawful directions of the
community corrections officer to whom the person is assigned;
(d) a
condition requiring the person to report to a specified place not later than
2 working days after the date of the order unless, within that period,
the defendant receives a notice from the CE to the contrary;
(e) a
condition prohibiting the person from possessing a firearm or ammunition or
any part of a firearm;
(f) a
condition requiring the person to submit to such tests (including testing
without notice) for gunshot residue as a community corrections officer may
reasonably require;
(g) a
condition that the person undergo assessment or treatment (or both) relating
to the person's mental or physical condition;
(ga) a
condition requiring the person to undertake an intervention program as
directed by the community corrections officer to whom the person is assigned;
(h) a
condition requiring the person to report to the community corrections officer
to whom the person is assigned any change of address or employment, not later
than 2 working days after the date of the change;
(i)
a condition that the person must not leave the State for
any reason except in accordance with the written permission of the CE;
(j) if
the defendant is unemployed—a condition requiring the person to perform
a specified number of hours of community service;
(k) a
condition requiring the person to comply with the following:
(i)
regulations made for the purposes of this section;
(ii)
the lawful directions of the CE;
(l) such
other conditions as the court thinks appropriate and specifies in the order.
(2) Without limiting
the generality of subsection (1)(l), an intensive correction order may
(for example) be subject to any of the following conditions:
(a) a
condition that the person subject to the order reside at specified premises;
(b) a
condition that the defendant be monitored by use of an electronic device
approved under section 4 of the Correctional Services Act 1982 ;
(c) a
condition requiring the defendant to abstain from drugs of a specified class
(including alcohol);
(e) a
condition requiring the person to submit to such tests (including testing
without notice) relating to drug use, as a community corrections officer may
reasonably require;
(f) a
condition that the person contribute financially to any course or treatment
program that the person is required to undertake;
(g) any
other condition that the court thinks fit.
(3) Without limiting
the generality of subsection (1)(k)(ii), the CE may (for example) direct
the person subject to the order to do 1 or more of the following during the
period of the order:
(a)
reside at specified premises;
(b) be
monitored (for a period not exceeding 28 days) by use of an electronic device
approved under section 4 of the Correctional Services Act 1982 ;
(c)
submit to such tests (including testing without notice) relating to drug use,
as a community corrections officer may reasonably require;
(d) if
the defendant is unemployed—perform a specified number of hours of
community service per week (which must be at least 12 hours but not more than
20 hours per week).
(4) A person subject
to an intensive correction order will, unless the intensive correction order
is earlier revoked, remain subject to intensive correction in the community
until the expiry of the order.
(5) Subject to
subsection (6), the court may vary or revoke a condition imposed under
this section.
(6) The court may only
vary or revoke the conditions imposed by subsection (1)(e) and (f)
if the court is satisfied, by evidence given on oath, that—
(a)
there are cogent reasons to do so; and
(b) the
possession of a firearm, ammunition or part of a firearm by the person does
not represent an undue risk to the safety of the public.