Victorian Current Acts

SENTENCING ACT 1991 - SECT 8H

    (1)     A court must order a drug and alcohol pre-release report if—

        (a)     the sentencing court received a drug and alcohol assessment report under section 8E; and

        (b)     the court is satisfied that the offender has a drug or alcohol dependency; and

        (c)     the offender was sentenced to a term of imprisonment of not more than 3 months in addition to a community correction order to commence on the release of the offender from imprisonment.

    (2)     A drug and alcohol pre-release report in respect of an offender must be prepared by an approved drug and alcohol assessment agency.

    (3)     A drug and alcohol pre-release report must specify any treatment for drug or alcohol dependency that the offender is to undergo during the period of the community correction order on release from custody.

    (4)     The author of a drug and alcohol pre-release report must conduct any investigation that he or she thinks appropriate or that is directed by the court.

    (5)     The author of a drug and alcohol pre-release report must, a reasonable time before the offender's release from custody is to take place, provide a copy of the report to—

        (a)     the Secretary; and

        (b)     the offender; and

        (c)     any other person that the court considers appropriate.

S. 8I inserted by No. 65/2011 s. 7.