Queensland CORRECTIVE SERVICES AND PENALTIES AND SENTENCES AMENDMENT BILL 1998 CORRECTIVE SERVICES AND PENALTIES AND SENTENCES AMENDMENT BILL 1998 TABLE OF PROVISIONS Section Page YADA wn ff WwW NY PART 1—PRELIMINARY Short title 2.2... eee eee 4 PART 2—AMENDMENT OF CORRECTIVES SERVICES ACTAct amended in pt2 ......... 0... eee 4 Amendment of s 10 (Definitions) ...............00...00...00000000. 4 Amendment of s 61 (Leave of absence) ..................0 00002 eee 5 Amendment of s 86 (Release of prisoner to home detention)........... 5 Amendment of s 166 (Eligibility for parole).................00000005 6 Insertion of new pt5 2... 6... eee 6 PART 5—COMMUNITY SUPERVISION AND COMMUNITY SUPERVISION ORDERS FOR SERIOUS VIOLENT OFFENDERS 196A Application of pt5....... 6.6... cee eee eee 6 196B Purposes of pt5 2.2.0... cece een eens 7 196C Definitions for pt 5.2.2.2... 7 196D Meaning of "serious violent offender"..................--000. 7 196E Community supervision ............ 6.0.0 ee 8 196F Community supervision orders .......... 6.006 e cece 8 196G Requirements for community supervision and community supervision Order 2.0.6... cece eee eee eens 9 196H Assignment of community correctional officer................. 10 1961 Contravention of community supervision or community supervision Order 2.0.2.2... cece eee eee eee eens 10 Corrective Services and Penalties and Sentences Amendment 196] Regulation-making power for pt5 ........... 000s cece eee eee 10 PART 3—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 Act amended in pt3 2... .. cece cece eect eee ene 11 Amendment of s 157 (Eligibility for parole).................00000005 11 A BILL FOR An Act to amend the Corrective Services Act 1988 and Penalties and Sentences Act 1992 Clause Clause Clause sl 4 s3 Corrective Services and Penalties and Sentences Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Corrective Services and Penalties and Sentences Amendment Act 1998 PART 2—AMENDMENT OF CORRECTIVES SERVICES ACT 1988 Act amended in pt 2 2. This part amends the Corrective Services Act 1988. Amendment of s 10 (Definitions) 3. Section 10— insert— ' "1998 amendment Act" means the Corrective Services and Penalties and Sentences Amendment Act 1998. "community supervision", for part 5, see section 196E. "community supervision order", for part 5, see section 196F. "release day", for part 5, see section 196C. "sentencing court", for part 5, see section 196C. "serious violent offender", for part 5, see section 196D.'. 1114 1618 s4 Corrective Services an 5 s5 d Penalties and Sentences Amendment Amendment of s 61 (Leave of absence) Clause 4. Section 61(2A), from 'unless the prisoner'— omit, insert— 'unless— (a) (b) for a prisoner other t han a prisoner serving a term of imprisonment on conviction of a serious violent offence committed after the commencement of the 1998 amendment Act, the prisoner has served at (i) if the prisoner is serv sentence; or (ii) otherwise—80% of tl for a prisoner serving a te east— ing life imprisonment—15 years of that he sentence imposed; or rm of imprisonment on conviction of a serious violent offence committed after the commencement of the 1998 amendment Act, the prisoner is serving life imprisonment and has served at least 15 years of that sentence; or (c) the prisoner is released for medical or compassionate purposes. '. Amendment of s 86 (Release of prisoner to home detention) Clause 5. Section 86(2A), from 'unless the prisoner'— omit, insert— 'unless— (a) (b) for a prisoner other t han a prisoner serving a term of imprisonment on conviction of a serious violent offence committed after the commencement of the 1998 amendment Act, the prisoner has served at (i) if the prisoner is serv sentence; or east— ing life imprisonment—15 years of that (ii) otherwise—80% of tl for a prisoner serving a te he sentence imposed; or rm of imprisonment on conviction of a serious violent offence committed after the commencement of the 1820 2224 26 29 $6 6 s7 Corrective Services and Penalties and Sentences Amendment 1998 amendment Act, the prisoner is serving life imprisonment and has served at least 15 years of that sentence.'. Amendment of s 166 (Eligibility for parole) Clause 6.(1) Section 166(1)(c), after 'offence'— insert— 'and paragraph (ca) or (cb) does not apply'. (2) Section 166(1)— insert— '(ca)if the prisoner is serving a term of imprisonment of not more than 15 years on conviction of a serious violent offence committed after the commencement of the 1998 amendment Act; or (cb) if the prisoner is serving a term of imprisonment of more than 15 years, including life imprisonment, on conviction of a serious violent offence committed after the commencement of the 1998 amendment Act—until the prisoner has served at least 15 years of that sentence; or'. Insertion of new pt 5 Clause 7. After part 4— insert— "PART 5—COMMUNITY SUPERVISION AND COMMUNITY SUPERVISION ORDERS FOR SERIOUS VIOLENT OFFENDERS 'Application of pt 5 '196A. This part applies to serious violent offenders, other than a serious violent offender who is on parole. Ne oN DAD wn Bw 12 1416192226 s7 7 s7 Corrective Services and Penalties and Sentences Amendment "Purposes of pt 5 "196B. The purposes of this part are— (a) to recognise changes to the serving of terms of imprisonment for serious violent offenders made by the 1998 amendment Act; and (b) to provide a system of community supervision and reintegration that— (i) helps those offenders successfully reintegrate into the community after serving their full terms of imprisonment; and (11) serves to assure the community that individuals who commit serious violent offences are appropriately supervised after their discharge from prison and given support in their efforts to reintegrate into the community. 'Definitions for pt 5 "196C. In this part— "release day", of a serious violent offender, means the day the offender must be discharged from prison. "sentencing court", of a serious violent offender, means— (a) the court that sentenced the offender to imprisonment for the serious violent offence; or (b) if the offender, as part of 1 term of imprisonment, is serving or has served imprisonment imposed by different courts for more than 1 serious violent offence—the court having higher jurisdiction. "Meaning of "serious violent offender" "196D.(1) For this part, a person is a "serious violent offender" if the person is convicted of and is serving a term of imprisonment for a serious violent offence committed after the commencement of the 1998 amendment Act. '(2) The person continues to be a "serious violent offender" for this 15 17 20 2224 2729 s7 8 s7 Corrective Services and Penalties and Sentences Amendment part if, after serving the term of imprisonment for the serious violent offence and without being released from prison, the person serves a further term of imprisonment for any | or more offences. "Community supervision *196E.(1) This section applies to a serious violent offender on and from the offender's release day. '(2) This section applies despite any other provision of this or another Act or law. "(3) A 6 month period of community supervision and reintegration into the community ("community supervision") is imposed on the offender. 'Community supervision orders "196F.(1) The commission must apply to a judge of the sentencing court of a serious violent offender for an order for the community supervision and reintegration into the community of the offender ("community supervision order"). "(2) The application must be made not more than 6 months and not less than 3 months before the release day of the offender. "(3) For the application, the commission must— (a) prepare or cause to be prepared a report assessing — (i) _ the offender's behaviour while in prison; and (11) the offender's preparedness and ability to reintegrate into the community; and (1) the likelihood of the offender committing further serious violent offences after release; and (b) give a copy of the report to the offender at least 28 days before the day the application is to be heard; and (c) file a copy of the report in the sentencing court. "(4) The director of public prosecutions must, and the offender may, attend at the hearing of the application. wn SCO ON AN BE 1315 17 1922 24 26 29 s7 9 s7 Corrective Services and Penalties and Sentences Amendment "(5) On the hearing of the application, the judge must— (a) take into consideration the report prepared under subsection (3); and (b) give both the director of public prosecutions and the offender the opportunity to lead admissible evidence on any relevant matter, including evidence disputing the contents of the report; and (c) allow the offender and the director of public prosecutions to cross-examine the author of the report on its contents; and (d) have regard to any submissions made at the hearing. "(6) The judge may make the community supervision order the judge considers appropriate. "(7) However, a community supervision order may only be for a period of not more than 4 years and 6 months starting at the end of the period of supervision and reintegration imposed on the person under section 196E. "(8) For subsection (1), it is immaterial whether the judge is the judge who originally constituted the sentencing court. "(9) This section does not affect section 196E. "Requirements for community supervision and community supervision order "196G.(1) A person on whom community supervision is imposed or who is subject to a community supervision order must— (a) be under the supervision of a community correctional officer; and (b) abstain from violation of the law; and (c) carry out the lawful instructions of the community correctional officer; and (d) report and receive visits as directed by the community correctional officer; and (e) notify the community correctional officer within 48 hours of any change of address or change of employment; and (f) not leave the State without the written consent of the commission. ro OU MY DAN PR WN Re Ree ee RwWN Se ee nN aw 19 21 23 25 27 29 s7 10 s7 Corrective Services and Penalties and Sentences Amendment "(2) A community supervision order may specify other requirements to which the person is subject that the judge considers necessary to advance the purposes of this part. "Assignment of community correctional officer '196H. The commission must assign a community correctional officer for a person who is subject to community supervision or a community supervision order. 'Contravention of community supervision or community supervision order 1961.1) A person who contravenes community supervision or a community supervision order commits an offence. Maximum penalty—100 penalty units or 6 months imprisonment. '(2) For subsection (1), a person contravenes— (a) community supervision, if the person contravenes section 196G(1)(b), (c), (d), (e) or (f) or a provision of a regulation under section 196J(2)(a); or (b) a community supervision order, if the person contravenes section 196G(1)(b), (c), (d), (e) or (f) or a requirement of the order. "Regulation-making power for pt 5 "196J.(1) The Governor in Council may make regulations for this part. "(2) Without limiting subsection (1), a regulation may prescribe— (a) other requirements to which a person is subject under community supervision to advance the purposes of this part; and (b) the instructions a community correctional officer may lawfully give for section 196G(1)(c); and (c) the frequency of reporting and visiting for section 196G(1)(d). Ne w YAW pw 11 13 15182124 26 Clause Clause s8 11 s9 Corrective Services and Penalties and Sentences Amendment "(3) For section 196I, a regulation may identify provisions made under subsection (2)(a).'. PART 3—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 Act amended in pt 3 8. This part amends the Penalties and Sentences Act 1992. Amendment of s 157 (Eligibility for parole) 9.(1) Section 157(7), 'If an offender'— omit, insert— "Subject to subsection (8), if an offender'. (2) Section 157— insert— "(8) If an offender is convicted of a serious violent offence committed after the commencement of the Corrective Services and Penalties and Sentences Amendment Act 1998— '(a) the court that sentences the offender for the serious violent offence can not make a recommendation under this section that— (i) for an offender sentenced to serve a term of imprisonment of not more than 15 years—recommends the offender be eligible for release on parole at any time during that term of imprisonment; or (11) for an offender sentenced to serve a term of imprisonment of more than 15 years, including life imprisonment—reduces the period of imprisonment the offender must serve before being eligible for release on parole under the Corrective Services Act 1988, section 166(1)(cb); and Ne 111417 1921 2326 s9 12 s9 Corrective Services and Penalties and Sentences Amendment (b) no recommendation made under this section by any court to reduce the term of imprisonment the offender must serve for the serious violent offence— (i) for an offender sentenced to serve a term of imprisonment of not more than 15 years for the offence—can reduce the term of imprisonment the offender must serve; or (11) for an offender sentenced to serve a term of imprisonment of more than 15 years for the offence, including life imprisonment—can reduce the period of imprisonment the offender must serve before being eligible for release on parole under the Corrective Services Act 1988, section 166(1)(cb).'. on AYR WN RP Re NRO w~ = w