Corrective Services – Intensive Correction Orders – an alternative to a custodial sentence - Anderson Boemi Lawyers, Dural NSW

Strict conditions are imposed and they include:

• Completion of a minimum of 32 hours community service each month;

• Participation in programs to address offending behavior;

• Drug testing;

• Adherence to any reasonable directions made by a CSNSW;

Offenders might also be required to do the following:

• Be subject to electronic monitoring;

• Comply with a curfew;

• Be subjected to alcohol testing;

• Be subjected to unannounced home visits;

• Comply with other restrictions.

Eligibility

An ICO may be available if a Court considers that no other sentence is appropriate other than a custodial sentence of two years or less. An ICO will not be considered if the offence is a prescribed sexual offence.

Before an ICO is ordered, the offender is assessed as to their suitability.

Suitability factors include:

• Age;

• Criminal history;

• Managing the offender in the community;

• Accommodation available to the offender;

• Likelihood that the offender will commit a domestic violence offence;

• Drug and alcohol history of the offender;

• Physical and mental health;

• Availability of community work and resources to supervise the offender.

Whilst suitability is being assessed what is the offenders status?

The status of an offender depends on the Court’s ruling.

If the offender is on bail during the trial or pre-sentence hearing, then that bail may be continued whilst they are assessed for suitability.

If an offender is on remand during the pre-sentence period, that person may remain on remand during the suitability assessment, or be granted bail for that purpose.