Western Australian Current Acts Western Australian Current Acts (1) In this section
—
prisoner does not include —
(a) a
prisoner sentenced to a fixed term of less than the length prescribed for the
purposes of section 11A; or
(b) a
Schedule 3 prisoner.
(2) Without limiting
section 11A, the Board may at any time request the CEO to assess, at a
prescribed time in the sentence of a prisoner —
(a) the
suitability of the prisoner for inclusion in a re-socialisation programme; and
(b)
whether the prisoner’s participation in a re-socialisation programme can
be facilitated by the CEO.
(3) The CEO is to give
the Board a written report on the outcome of an assessment made under
subsection (2).
(4) If the Board
—
(a) has
received a report under subsection (3) advising that the CEO can facilitate
the prisoner’s participation in a re-socialisation programme; and
(b)
considers that the prisoner may be suitable for inclusion in a
re-socialisation programme,
the Board may request
the CEO to give it a detailed description of a re-socialisation programme in
which the prisoner should participate before being released, and the CEO must
comply with that request.
(5) If after —
(a)
receiving a re-socialisation programme from the CEO under subsection (4); and
(b)
considering the release considerations relating to the prisoner,
the Board approves of
the programme, with or without variations, and of the prisoner’s
participation in it, except as provided in subsection (5A), the Board is to
provide it to the CEO as so approved.
(5A) The Board must
not approve a programme for the purposes of subsection (5) in relation to a
prisoner with links to terrorism who is subject to a Commissioner of Police
report unless the Board, having regard to the report, is satisfied that the
prisoner is suitable for inclusion in the programme.
(6) The CEO must give
a copy of the approved re-socialisation programme to the prisoner and
implement it as far as is reasonably practicable unless it is suspended or
cancelled in accordance with the regulations.
(7) Nothing in this
section limits the power of —
(a) the
Board to recommend to the CEO any other programme in which the prisoner should
participate before being released; or
(b) the
CEO to implement any other programme before the prisoner is released.
[Section 14 inserted: No. 41 of 2006 s. 12;
amended: No. 45 of 2016 s. 10; No. 14 of 2022 s. 10.]