Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 32

    (1)     The court may impose a condition on a supervision order requiring an offender to reside at a residential treatment facility if the court is satisfied that—

        (a)     the condition is necessary to reduce the risk of the offender committing a serious sex offence or a serious violence offence or both; and

        (b)     less restrictive means of managing the risk referred to in paragraph (a) have been tried or considered.

    (2)     Despite section 14(2)(b), in determining whether to impose an intensive treatment and supervision condition, the court may have regard to—

        (a)     the means of managing the offender's risk; and

        (b)     the likely impact of the supervision order on the offender.

    (3)     Before imposing a condition under subsection (1) the court must consider—

        (a)     a treatment and supervision plan filed by the Secretary; and

        (b)     any other matter the court considers appropriate.

Note

See section 274 for the preparation and content of a treatment and supervision plan.

    (4)     If the court imposes a condition under subsection (1), the court must also impose the following conditions on the supervision order—

        (a)     the offender must attend and participate in the treatment or rehabilitation programs or activities set out in the treatment and supervision plan;

        (b)     the offender must not leave the residential treatment facility other than—

              (i)     with the permission of the Authority; or

              (ii)     in accordance with the treatment and supervision plan in respect of the offender; or

              (iii)     in accordance with an instruction given by a supervision officer or a specified officer under section 183;

        (c)     if the offender leaves the residential treatment facility, the offender must, unless otherwise directed by the Authority—

              (i)     be accompanied by a community corrections officer or a person approved by the Commissioner; and

              (ii)     submit to electronic monitoring;

        (d)     the offender must submit to electronic monitoring within the residential treatment facility;

        (e)     the offender must comply with any direction given by the Authority relating to the electronic monitoring;

        (f)     the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender at the direction of the Authority;

        (g)     the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;

        (h)     the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;

              (i)     the offender must accept any visit by the Secretary to the residential treatment facility, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.

    (5)     An intensive treatment and supervision condition remains in force for a period not exceeding 2 years specified by the court.

Note

Section 113 requires that an intensive treatment and supervision condition be reviewed by the court each year.