Division 2Division 2 Administration of compulsory drug treatment orders
Subdivision 1 Compulsory drug treatment personal plans
106F Compulsory drug treatment personal plans
(1) The Commissioner must, as soon as practicable after the making of a compulsory drug treatment order in relation to an offender, prepare a plan that imposes conditions on the offender regarding the offender’s drug treatment and rehabilitation during the period of operation of that order (the offender’s compulsory drug treatment personal plan).(2) An offender’s compulsory drug treatment personal plan comes into operation when it is approved by the Drug Court.(3) The Commissioner, when preparing a compulsory drug treatment personal plan, must consult the Chief Executive Officer, Justice Health or the Chief Executive Officer’s delegate.(4) The Drug Court may make recommendations to the Commissioner regarding the conditions to be included in an offender’s compulsory drug treatment personal plan.(5) A compulsory drug treatment personal plan may be approved by the Drug Court in the absence of the offender in respect of whom it is made.(6) The kinds of conditions that may be imposed on an offender in a compulsory drug treatment personal plan are as follows:(a) conditions relating to conduct and good behaviour,(b) conditions relating to attendance for counselling or other treatment,(c) conditions relating to the management of the offender in the Compulsory Drug Treatment Correctional Centre,(d) conditions relating to periodic drug testing that the offender must undergo,(e) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the offender into the community,(f) any other kinds of conditions that may be prescribed by the regulations,(g) such other conditions as the Commissioner considers appropriate in the circumstances,(h) such other conditions as the Drug Court considers appropriate in the circumstances.(7) The regulations referred to in subsection (6) (f) may deal with the following:(a) the form of compulsory drug treatment,(b) the provision of integrated case management services to the offender,(c) the key elements of non-pharmacotherapy drug treatment programs.(8) The regulations may make provision for or with respect to the following:(a) the preparation and implementation of compulsory drug treatment personal plans (including comprehensive individual assessments of offenders before the making of any such plans),(b) the role and responsibilities of an offender under the offender’s compulsory drug treatment personal plan,(c) the role and responsibilities of persons responsible for the offender’s care and treatment,(d) ongoing review and regular updating of compulsory drug treatment personal plans,(e) informing the Drug Court of the contents of offenders’ compulsory drug treatment personal plans.(9) The conditions of an offender’s compulsory drug treatment personal plan relating to periodic drug testing do not prevent any random drug testing of the offender.
106G Variation of conditions of personal plan
(1) The Commissioner may from time to time prepare a variation to an offender’s compulsory drug treatment personal plan that adds new conditions to, or varies or revokes existing conditions of, the plan.(2) A variation of an offender’s compulsory drug treatment personal plan comes into effect when it is approved by the Drug Court.(3) The Commissioner, when preparing a variation to a compulsory drug treatment personal plan, must consult the Chief Executive Officer, Justice Health or the Chief Executive Officer’s delegate.(4) A variation to a compulsory drug treatment personal plan may be approved by the Drug Court in the absence of the offender in respect of whom it relates.
106H Mandatory conditions of all personal plans
It is a condition of each compulsory drug treatment personal plan that the offender:(a) must not use any drug other than a drug prescribed by a registered medical practitioner or registered dentist, and(b) must not resort to violence or make any threat of violence, and(c) must comply with any community supervision order made in relation to the offender, and(d) must not commit any further offences.Note. The term drug is defined in section 3 of this Act to mean:(a) a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985, or(b) any other substance declared by the regulations to be a drug for the purposes of this Act.
106I Sanctions for non-compliance with personal plan
(1) If the Commissioner is satisfied that an offender has failed to comply with any condition of the offender’s compulsory drug treatment personal plan, the Commissioner may impose any one or more of the sanctions specified in subsection (2).(2) The following kinds of sanctions may be imposed on an offender under this section:(a) withdrawal of privileges granted to the offender under section 106J (2) (a),(b) an increase in the level of the management of the offender in the Compulsory Drug Treatment Correctional Centre,(c) an application to the Drug Court to vary any community supervision order applying to the offender to increase the level of supervision to which the offender is subject,(d) an application to the Drug Court to vary the offender’s compulsory drug treatment personal plan to increase the frequency with which the offender must undergo periodic testing for drugs.(3) The Commissioner must refer an offender to the Drug Court if the Commissioner is of the opinion that the offender’s failure to comply with any condition of the offender’s compulsory drug treatment personal plan is of such a serious nature that it might warrant the Drug Court making any of the following:(a) a regression order,(b) a revocation order,(c) a variation of any community supervision order applying to the offender to increase the level of supervision to which the offender is subject.(4) Without affecting the other circumstances in which an offender is taken to have failed to comply with his or her compulsory drug treatment personal plan, if an offender is charged before a court with an offence referred to in section 5A (2) of the Drug Court Act 1998:(a) the offender is taken to have failed to comply with his or her compulsory drug treatment personal plan and that failure is taken to be of a serious nature, and(b) the Commissioner must refer the offender to the Drug Court.(5) Nothing in this section prevents:(a) the Commissioner from referring an offender to the Drug Court for any other reason, or(b) the Drug Court from dealing with an offender as it sees fit, including making any order under this Part.
106J Rewards for compliance with personal plan
(1) If the Commissioner is satisfied that an offender has maintained a satisfactory level of compliance with the offender’s compulsory drug treatment personal plan, the Commissioner may grant any one or more of the rewards specified in this section.(2) The following kinds of rewards may be granted to an offender under this section:(a) conferral of privileges,(b) a decrease in the level of the management of the offender in the Compulsory Drug Treatment Correctional Centre,(c) an application to the Drug Court to vary any community supervision order applying to the offender to decrease the level of supervision to which the offender is subject,(d) an application to the Drug Court to vary the offender’s compulsory drug treatment personal plan to decrease the frequency with which the offender must undergo periodic testing for drugs.
106K No appeal from decisions of Drug Court or Commissioner
No appeal lies against the Drug Court or the Commissioner in relation to any decision made by the Drug Court or the Commissioner under this Subdivision.
Subdivision 2 Initial allocation and movement between stages of compulsory drug treatment detention
106L New offenders in compulsory drug treatment detention allocated to Stage 1
On the making of a compulsory drug treatment order in relation to the offender’s sentence of imprisonment, the offender is automatically allocated to closed detention (Stage 1).
106M Progression and regression between stages of detention
(1) After an offender has served his or her sentence in closed detention (Stage 1) for a period of at least 6 months, the Drug Court may order that the offender progress to semi-open detention (Stage 2).(2) After an offender has served his or her sentence in semi-open detention (Stage 2) for a period of at least 6 months, the Drug Court may order that the offender progress to community custody (Stage 3).(3) If the Drug Court is satisfied, on the balance of probabilities, that an offender has failed to comply in a serious respect with any condition of the offender’s compulsory drug treatment personal plan, the Drug Court may order that an offender:(a) serving a sentence in semi-open detention (Stage 2) regress to closed detention (Stage 1), or(b) serving a sentence in community custody (Stage 3) regress to closed detention (Stage 1) or semi-open detention (Stage 2), as the Drug Court sees fit.(4) The regulations may make provision for or with respect to the criteria to be used by the Drug Court in determining whether to make a progression or regression order under this section.(5) No appeal lies against the Drug Court’s decision to make a progression or regression order under this section.
(1) Before the Drug Court makes a progression order in relation to an offender, the Court is to have regard to the following reports prepared in relation to the offender:(a) an assessment report prepared by the Director of the Compulsory Drug Treatment Correctional Centre,(b) in relation to a progression order that would progress an offender to community custody (Stage 3), an assessment report prepared by a probation and parole officer,(c) any other report that the Drug Court considers relevant.(2) The Drug Court may, at any time, order that an assessment report on an offender be prepared.(3) The regulations may make provision for or with respect to the conduct of investigations and the preparation of reports for the purposes of this Part.
106O Community supervision orders
(1) On the making of a progression order in relation to an offender, the Drug Court must make an order (a community supervision order) that:(a) allows the offender to be absent from the Compulsory Drug Treatment Correctional Centre, and(b) imposes conditions on the offender in relation to the periods of time when the offender is not in the Compulsory Drug Treatment Correctional Centre.(2) The kinds of conditions that the Drug Court may impose on the offender under this section are as follows:(a) conditions relating to conduct and good behaviour,(b) conditions relating to the supervision of the offender outside the Compulsory Drug Treatment Correctional Centre,(c) conditions relating to drug testing that the offender must undergo,(d) conditions relating to residence, association with other persons or attendance at specified locations,(e) any other kinds of conditions that may be prescribed by the regulations,(f) such other conditions as the Drug Court considers appropriate in the circumstances.(3) The Drug Court when imposing any condition on an offender under this section is to have regard to and give substantial weight to any recommendations of the Commissioner.(4) The Drug Court may from time to time vary an offender’s community supervision order by adding new conditions to, or varying or revoking existing conditions of, the order.(5) No appeal lies against the Drug Court in relation to a decision regarding an order under this section.
106P Commissioner of Corrective Services may make regression and removal orders in special circumstances
(1) The Commissioner may order that an offender serving his or her sentence:(a) in semi-open detention (Stage 2) regress to closed detention (Stage 1), or(b) in community custody (Stage 3) regress to closed detention (Stage 1), or(c) in community custody (Stage 3) regress to semi-open detention (Stage 2).(2) The Commissioner may order that an offender serving his or her sentence in closed detention (Stage 1) or semi-open detention (Stage 2) be removed from the Compulsory Drug Treatment Correctional Centre and taken to another correctional centre and held in separate custody.(3) The Commissioner may make an order referred to in subsection (1) or (2) only if the Commissioner believes, on reasonable grounds, that:(a) the security of the community is threatened, or(b) the good order and discipline of a correctional centre may be jeopardised if the offender is not regressed or removed, or(c) the offender may be about to commit an offence, or(d) another reason exists to regress or remove the offender.(4) The Commissioner must immediately notify the Drug Court if the Commissioner makes an order under this section and must give the Drug Court his or her reasons for making the order.(5) Within 21 days (or such other period determined by the Drug Court) after receiving the notification of the Commissioner, the Drug Court must review the Commissioner’s order and make an order:(a) revoking the Commissioner’s order, or(b) confirming the Commissioner’s order, or(c) confirming the Commissioner’s order, but amending its terms, or(d) revoking, in accordance with section 106Q, the offender’s compulsory drug treatment order.(6) The Drug Court when reviewing a Commissioner’s order under subsection (5) is to have regard to and give substantial weight to any recommendations of the Commissioner.(7) No appeal lies against the Drug Court in relation to a decision regarding an order under subsection (5).