Intensive corrections orders
An intensive Corrections Order (“ICO”) is an alternative to full time imprisonment and can only be imposed after the court had determined that a prison sentence is appropriate. ICO is served in the community with conditions and supervision by community corrections office.
A court can only make an intensive correction order where it has imposed a prison terms of two years or less.
However, ICOs totally up to three years can be made where a person is being sentenced for multiple offences, each of which attracted prison terms of two year or less.
The ‘paramount consideration’ when deciding whether to impose an ICO is ‘community safety’, and a court must assess whether an ICO would be more likely to address your risk of reoffending than full-time imprisonment.
A court cannot impose an ICO for the following offences:
- Murder or manslaughter,
- Any ‘prescribed sexual offence’, which includes any sexual offence committed against a person under 16, or which includes an element of sexual intercourse or any child pornography or child abuse material offence,
- Any terrorism offence,
- Any contravention of a serious crime prevention order or public safety order,
- Any offence involving the discharge of a firearm, or
- Any offences that include an intention, attempt, conspiracy or incitement to commit any of the above offences.
A court must order a sentencing assessment report before making an ICO.
Generally, every Intensive Corrections Order must impose on you the following standard conditions:
- You must not commit a further offence during the term of the order; and
- You must comply with being supervised by a community correction officer.
In addition, the court must also impose any one of the following additional orders:
- Home detention condition
- Electronic monitoring condition
- Imposing curfews i.e., you are not to be absent from your home between certain hours of the day
- Community service order where you are required to perform a certain number of hours of community work (it cannot be more than 750 hours)
- Requirement you are to participate in treatment or rehabilitation program i.e. psychologist or counselling
- Condition where you are prohibited from contacting certain people.
- Conditions prohibiting you from frequenting or visiting certain place(s) or areas.
In certain situations, the assessment report may express that you are not suitable for home detention, or community service work and therefore such a condition cannot be imposed by the Judge or Magistrate.
If the offence is one of domestic violence offence and the victim to the domestic violence will be residing with you, the Judge may only impose an ICO if the victim is adequately protected by imposing appropriate conditions on you.
You will be considered unsuitable for home detention where the victim to the domestic violence will be living with you.