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This is a Bill, not an Act. For current law, see the Acts databases.


CORRECTIVE SERVICES AMENDMENT BILL 2003

      Queensland




CORRECTIVE SERVICES
AMENDMENT BILL 2003

 


 

 

Queensland CORRECTIVE SERVICES AMENDMENT BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF CORRECTIVE SERVICES ACT 2000 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 6 (Where persons to be detained) . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 12 (Prisoner classifications). . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 33 (Consequences of positive test samples) . . . . . . . . . . . 5 7 Amendment of s 53 (Transfer to another facility or a health institution) . . . 5 8 Amendment of s 76 (Eligibility for conditional release). . . . . . . . . . . . . . . . 5 9 Amendment of s 77 (Risk to community) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Replacement of s 80 (Cancellation of conditional release orders) . . . . . . . . 6 80 Amending, suspending or cancelling conditional release order . . . . 6 11 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 80A Expiry of conditional release order . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 85 (Arresting prisoners unlawfully at large) . . . . . . . . . . . 7 13 Insertion of new s 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 94A Helping prisoner at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Amendment of s 103 (Persons near prisoners) . . . . . . . . . . . . . . . . . . . . . . . 8 15 Amendment of s 104 (Temporary detention for security offences). . . . . . . . 8 16 Amendment of s 112 (Authority to use reasonable force) . . . . . . . . . . . . . . 8 17 Amendment of s 125 (Requirements before visit) . . . . . . . . . . . . . . . . . . . . 9 18 Amendment of s 128 (Suspending visits) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

 


 

2 Corrective Services Amendment Bill 2003 19 Amendment of s 130 (Accredited visitors) . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Amendment of s 144 (Conditions for parole orders) . . . . . . . . . . . . . . . . . . 11 21 Amendment of s 149 (Suspension of order by chief executive) . . . . . . . . . . 11 22 Amendment of s 150 (Amendment, suspension or cancellation of order by corrections board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Amendment of s 151 (Cancellation of parole order by further imprisonment) .......................................... 12 24 Amendment of s 152 (Effect of cancellation of parole order). . . . . . . . . . . . 13 25 Replacement of s 154 (Discharge after parole) . . . . . . . . . . . . . . . . . . . . . . . 14 154 Expiry of post-prison community based release order . . . . . . . . . . . 14 26 Amendment of s 159 (Disqualification from membership of Queensland board) .................................................... 14 27 Amendment of s 188 (Functions and powers of chief executive) . . . . . . . . . 15 28 Amendment of s 219 (Appointing inspectors) . . . . . . . . . . . . . . . . . . . . . . . 15 29 Omission of ch 6, pt 10 (Corrective services advisory council) . . . . . . . . . . 15 30 Amendment of s 243 (Confidential information) . . . . . . . . . . . . . . . . . . . . . 15 31 Insertion of new s 244A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 244A Traffic history. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 Amendment of s 245 (Pre-sentence reports) . . . . . . . . . . . . . . . . . . . . . . . . . 18 33 Amendment of s 251 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 Amendment of ch 7 (Transitional provisions). . . . . . . . . . . . . . . . . . . . . . . . 18 274B Conditional release orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 274C Exceptional circumstances parole conditions . . . . . . . . . . . . . . . . . . 19 274D Prisoner in custody of administrator of authorised mental health service ....................................... 19 274E Classified patient taken to be prisoner . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 3--AMENDMENT OF POLICE POWERS AND RESPONSIBILITIES ACT 2000 36 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 37 Amendment of s 198 (Arrest without warrant) . . . . . . . . . . . . . . . . . . . . . . . 21

 


 

2003 A BILL FOR An Act to amend the Corrective Services Act 2000, and for other purposes

 


 

s1 4 s5 Corrective Services Amendment Bill 2003 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Corrective Services Amendment Act 2003. 4 2 Commencement Clause 5 This Act commences on a day to be fixed by proclamation. 6 PART 2--AMENDMENT OF CORRECTIVE SERVICES 7 ACT 2000 8 3 Act amended in pt 2 Clause 9 This part amends the Corrective Services Act 2000. 10 4 Amendment of s 6 (Where persons to be detained) Clause 11 Section 6(3)(d), `1974'-- 12 omit, insert-- 13 `2000'. 14 5 Amendment of s 12 (Prisoner classifications) Clause 15 Section 12(1)-- 16 omit, insert-- 17 `(1) A prisoner on remand who is not serving a period of imprisonment 18 is classified as-- 19

 


 

s6 5 s8 Corrective Services Amendment Bill 2003 (a) high security; or 1 (b) if the chief executive decides--maximum security.'. 2 6 Amendment of s 33 (Consequences of positive test samples) Clause 3 (1) Section 33(4)(b) to (d)-- 4 renumber as section 33(4)(c) to (e). 5 (2) Section 33(4)(a)-- 6 omit, insert-- 7 `(a) refuses to supply a test sample; or 8 (b) fails to supply a test sample within a reasonable time, unless the 9 prisoner has a reasonable excuse; or 10 11 Example of a reasonable excuse-- 12 A medical condition that prevents the prisoner from supplying a test 13 sample within the time it might reasonably take another prisoner who does 14 not have the medical condition to supply the sample.'. 7 Amendment of s 53 (Transfer to another facility or a health Clause 15 institution) 16 Section 53(8)-- 17 omit, insert-- 18 `(8) If a prisoner is transferred to an authorised mental health service, the 19 prisoner is taken to be in the custody of the service's administrator.'. 20 8 Amendment of s 76 (Eligibility for conditional release) Clause 21 Section 76(1)-- 22 insert-- 23 `(e) the prisoner is not being detained on remand for another 24 offence.'. 25

 


 

s9 6 s 10 Corrective Services Amendment Bill 2003 9 Amendment of s 77 (Risk to community) Clause 1 Section 77(f) to (h), after `any'-- 2 insert-- 3 `relevant'. 4 10 Replacement of s 80 (Cancellation of conditional release orders) Clause 5 Section 80-- 6 omit, insert-- 7 `80 Amending, suspending or cancelling conditional release order 8 `(1) The chief executive may, by written order, amend, suspend or 9 cancel a conditional release order ("CRO") if the chief executive 10 reasonably believes the prisoner subject to the order has-- 11 (a) contravened the CRO; or 12 (b) been charged with committing an offence. 13 `(2) If the chief executive suspends or cancels the CRO, the chief 14 executive may issue a warrant for the prisoner's arrest. 15 `(3) The warrant may be issued to all corrective services officers and 16 police officers and may be executed by any of them. 17 `(4) When arrested, the prisoner must be taken to a prison-- 18 (a) if the CRO was suspended for a period--to be kept there for the 19 suspension period; or 20 (b) if the CRO was cancelled--to serve the unexpired portion of the 21 period of imprisonment to which the prisoner was sentenced. 22 `(5) The chief executive must give the prisoner an information notice on 23 the prisoner's return to prison. 24 `(6) The chief executive must, as soon as practicable, consider all written 25 submissions given to the chief executive by the prisoner within the 21 days 26 mentioned in the information notice. 27 `(7) The chief executive must, as soon as practicable, inform the 28 prisoner, by written notice, whether the chief executive has changed the 29 chief executive's decision, and if so, how. 30 `(8) If the chief executive changes the chief executive's decision, the 31 changed decision has effect. 32

 


 

s 11 7 s 12 Corrective Services Amendment Bill 2003 `(9) A CRO is automatically cancelled if the prisoner, during the term of 1 the CRO, is convicted of an offence for which the prisoner is sentenced to a 2 term of imprisonment that is not wholly suspended. 3 `(10) The time for which a prisoner was released under a CRO before the 4 CRO was cancelled counts as time served for the prisoner's period of 5 imprisonment. 6 `(11) In this section-- 7 "information notice" means a notice-- 8 (a) stating that the chief executive has decided to amend, suspend or 9 cancel the CRO; and 10 (b) outlining the reason for the decision; and 11 (c) inviting the prisoner to show cause, by written submissions given 12 to the chief executive within 21 days after the notice is given, 13 why the chief executive should change the chief executive's 14 decision. 15 "suspend" means suspend for a fixed or indeterminate period.'. 16 11 Insertion of new s 80A Clause 17 After section 80-- 18 insert-- 19 `80A Expiry of conditional release order 20 `A prisoner is taken to have served the prisoner's period of imprisonment 21 if the prisoner's conditional release order is not cancelled under section 80 22 before the date stated in the order for the order's expiry.'. 23 12 Amendment of s 85 (Arresting prisoners unlawfully at large) Clause 24 (1) Section 85(1), after `corrective services officer'-- 25 insert-- 26 `or police officer'. 27 (2) Section 85(3), after `corrective services officers'-- 28 insert-- 29 `and police officers'. 30

 


 

s 13 8 s 16 Corrective Services Amendment Bill 2003 13 Insertion of new s 94A Clause 1 Chapter 3, part 3, before section 95-- 2 insert-- 3 `94A Helping prisoner at large 4 `(1) A person must not aid someone that the person knows, or ought 5 reasonably know, is a prisoner who is unlawfully at large. 6 Maximum penalty--100 penalty units or 2 years imprisonment. 7 `(2) In this section-- 8 "aid" includes abet, employ, harbour and maintain.'. 9 14 Amendment of s 103 (Persons near prisoners) Clause 10 (1) Section 103(4)-- 11 renumber as section 103(6). 12 (2) Section 103-- 13 insert-- 14 `(4) If the person fails to comply with the requirement, the official, using 15 reasonable and necessary force, may-- 16 (a) remove the person from the vicinity of the prisoner or place of 17 detention; or 18 (b) detain the person until the person may be handed over to a police 19 officer. 20 `(5) However, the person must not be detained under subsection (4)(b) 21 for longer than 4 hours.'. 22 15 Amendment of s 104 (Temporary detention for security offences) Clause 23 Section 104(3), after `The officer may'-- 24 insert-- 25 `, using reasonable and necessary force,'. 26 16 Amendment of s 112 (Authority to use reasonable force) Clause 27 (1) Section 112(1)-- 28

 


 

s 17 9 s 17 Corrective Services Amendment Bill 2003 insert-- 1 `(e) restrain a prisoner who is-- 2 (i) attempting or preparing to harm himself or herself; or 3 (ii) harming himself or herself.'. 4 (2) Section 112(3)-- 5 insert-- 6 `(c) a prisoner who is-- 7 (i) attempting or preparing to harm himself or herself; or 8 (ii) harming himself or herself.'. 9 17 Amendment of s 125 (Requirements before visit) Clause 10 (1) Section 125(3), (4) and (5)-- 11 renumber as section 125(4), (5) and (7). 12 (2) Section 125-- 13 insert-- 14 `(3) In deciding whether the personal visitor poses a risk to the security 15 or good order of the facility, the person in charge must consider at least the 16 following-- 17 (a) whether the personal visitor has, as an adult, been convicted of 18 escaping, or attempting to escape, from lawful custody in 19 Queensland or elsewhere; 20 (b) whether the personal visitor has been convicted of committing, 21 or attempting to commit, an offence while visiting a prisoner in 22 lawful custody in Queensland or elsewhere; 23 (c) whether the personal visitor has been convicted of helping, or 24 attempting to help, a prisoner to escape from lawful custody; 25 (d) whether the personal visitor has been refused access to, or been 26 suspended from entering, a corrective services facility.'. 27 (3) Section 125-- 28 insert-- 29 `(6) If a person has been refused access to a corrective services facility, 30 the chief executive may order that the person is also refused access to-- 31

 


 

s 18 10 s 18 Corrective Services Amendment Bill 2003 (a) another corrective services facility, in stated circumstances; or 1 2 Example of stated circumstances-- 3 A person may be refused access to any corrective services facility in which 4 a former accomplice of the person is being detained. (b) all corrective services facilities.'. 5 18 Amendment of s 128 (Suspending visits) Clause 6 (1) Section 128(1), `for a period of up to 3 months'-- 7 omit. 8 (2) Section 128(2)-- 9 renumber as section 128(3). 10 (3) Section 128-- 11 insert-- 12 `(2) The suspension may be-- 13 (a) for a period of up to 3 months; or 14 (b) if the visitor is charged with an offence allegedly committed in a 15 corrective services facility--until the end of the proceedings for 16 the offence.'. 17 (4) Section 128-- 18 insert-- 19 `(4) If a visitor has been suspended from entering a corrective services 20 facility, the chief executive may order that the visitor is also suspended 21 from entering-- 22 (a) another corrective services facility, in stated circumstances; or 23 24 Example of stated circumstances-- 25 Because of disorderly behaviour, the wife of a prisoner is suspended from 26 visiting the corrective services facility where her husband is, and any 27 corrective services facility to which he is transferred during the period of 28 the suspension. (b) all corrective services facilities.'. 29

 


 

s 19 11 s 21 Corrective Services Amendment Bill 2003 19 Amendment of s 130 (Accredited visitors) Clause 1 (1) Section 130(2)(g)-- 2 omit. 3 (2) Section 130(2)(h) to (l)-- 4 renumber as section 130(2)(g) to (k). 5 20 Amendment of s 144 (Conditions for parole orders) Clause 6 (1) Section 144, heading, `orders'-- 7 omit. 8 (2) Section 144, before subsection (1)-- 9 insert-- 10 `(1A) This section applies to a prisoner who is released on parole 11 under-- 12 (a) an exceptional circumstances parole order; or 13 (b) a parole order.'. 14 (3) Section 144(1), `A parole'-- 15 omit, insert-- 16 `The'. 17 (4) Section 144(5) and (6), `a parole'-- 18 omit, insert-- 19 `the'. 20 21 Amendment of s 149 (Suspension of order by chief executive) Clause 21 (1) Section 149(1)(b)-- 22 omit, insert-- 23 `(b) poses a serious and immediate risk of harm either to himself or 24 herself, or someone else; or 25 (c) poses an unacceptable risk of committing an offence; or 26 (d) is preparing to leave Queensland, other than under a written 27 order granting the prisoner leave to travel interstate or overseas.'. 28

 


 

s 22 12 s 23 Corrective Services Amendment Bill 2003 (2) Section 149(3), after `corrective services officers'-- 1 insert-- 2 `and police officers'. 3 22 Amendment of s 150 (Amendment, suspension or cancellation of Clause 4 order by corrections board) 5 (1) Section 150(1)(a)(ii)-- 6 omit, insert-- 7 `(ii) poses a serious risk of harm either to himself or herself, or 8 someone else; or 9 (iii) poses an unacceptable risk of committing an offence; or 10 (iv) is preparing to leave Queensland, other than under a written 11 order granting the prisoner leave to travel interstate or 12 overseas; or'. 13 (2) Section 150(1)-- 14 insert-- 15 `(c) amend or suspend a post-prison community based release order 16 if the prisoner subject to the order is charged with committing an 17 offence.'. 18 (3) Section 150(3), after `corrective services officers'-- 19 insert-- 20 `and police officers'. 21 23 Amendment of s 151 (Cancellation of parole order by further Clause 22 imprisonment) 23 (1) Section 151, heading, `parole'-- 24 omit. 25 (2) Section 151(1), `parole'-- 26 omit, insert-- 27 `post-prison community based release'. 28 (3) Section 151(1) and (2), `parole period'-- 29

 


 

s 24 13 s 24 Corrective Services Amendment Bill 2003 omit, insert-- 1 `term of the order'. 2 (4) Section 151(2), (3) and (4), `prisoner's parole'-- 3 omit. 4 (5) Section 151(5), after `corrective services officers'-- 5 insert-- 6 `and police officers'. 7 (6) Section 151(7), definition "corrections board", `on parole'-- 8 omit. 9 24 Amendment of s 152 (Effect of cancellation of parole order) Clause 10 (1) Section 152, heading, `parole'-- 11 omit. 12 (2) Section 152(1), `parole'-- 13 omit, insert-- 14 `post-prison community based release'. 15 (3) Section 152(1)(a), `parole'-- 16 omit. 17 (4) Section 152(1)(d), `parole period'-- 18 omit, insert-- 19 `term of the order'. 20 (5) Section 152(1)(c) and (d)-- 21 renumber as section 152(1)(e) and (f). 22 (6) Section 152(1)(b)-- 23 omit, insert-- 24 `(b) under section 150(1)(a)(ii) because the prisoner posed a serious 25 risk of harm either to himself or herself, or someone else; or 26 (c) under section 150(1)(a)(iii) because the prisoner posed an 27 unacceptable risk of committing an offence; or 28

 


 

s 25 14 s 26 Corrective Services Amendment Bill 2003 (d) under section 150(1)(a)(iv) because the prisoner was preparing to 1 leave Queensland, other than under a written order granting the 2 prisoner leave to travel interstate or overseas; or'. 3 (7) Section 152(2)-- 4 omit, insert-- 5 `(2) The time for which the prisoner was released under the order 6 before 1 of the following events happens counts as time served for the 7 prisoner's period of imprisonment-- 8 (a) the prisoner contravened the condition mentioned in 9 subsection (1)(a); or 10 (b) the order was cancelled for the reason mentioned in 11 subsection (1)(b), (c), (d) or (e); or 12 (c) the prisoner committed the offence mentioned in 13 subsection (1)(f).'. 14 (8) Section 152(4), `on parole'-- 15 omit. 16 25 Replacement of s 154 (Discharge after parole) Clause 17 Section 154-- 18 omit, insert-- 19 `154 Expiry of post-prison community based release order 20 `A prisoner is taken to have served the prisoner's period of imprisonment 21 if the prisoner's post-prison community based release order has expired 22 without the order being cancelled-- 23 (a) by a corrections board; or 24 (b) under section 151.'. 25 26 Amendment of s 159 (Disqualification from membership of Clause 26 Queensland board) 27 Section 159(c) and (d)-- 28 omit, insert-- 29

 


 

s 27 15 s 30 Corrective Services Amendment Bill 2003 `(c) a person appointed or employed under the Police Service 1 Administration Act 1990, Crime and Misconduct Act 2001 or 2 Director of Public Prosecutions Act 1984; 3 (d) an engaged service provider or the provider's employees.'. 4 27 Amendment of s 188 (Functions and powers of chief executive) Clause 5 Section 188-- 6 insert-- 7 `(3) To remove any doubt, it is declared that the chief executive may 8 exercise a power mentioned in subsection (2)(b) in a place other than a 9 corrective services facility. 10 11 Example-- 12 The chief executive has the power to order a corrective services officer to search a prisoner 13 who is in a vehicle being used to transport offenders.'. 28 Amendment of s 219 (Appointing inspectors) Clause 14 Section 219-- 15 insert-- 16 `(5) However, the chief executive need not appoint inspectors to 17 investigate an incident if the incident is being investigated by an officer of a 18 law enforcement agency.'. 19 29 Omission of ch 6, pt 10 (Corrective services advisory council) Clause 20 Chapter 6, part 10-- 21 omit. 22 30 Amendment of s 243 (Confidential information) Clause 23 (1) Section 243(3)(d)-- 24 omit, insert-- 25 `(d) for confidential information that consists of a person's private 26 details--if authorised by the person to whom the information 27 relates; or'. 28

 


 

s 30 16 s 30 Corrective Services Amendment Bill 2003 (2) Section 243(3)-- 1 insert-- 2 `(f) if the information merely informs someone of the corrective 3 services facility in which a prisoner is being held in custody.'. 4 (3) Section 243-- 5 insert-- 6 `(4) In this section-- 7 "confidential information"-- 8 (a) includes information-- 9 (i) about a person's private details; or 10 (ii) that could reasonably be expected to pose a risk to the 11 security or good order of a corrective services facility; or 12 (iii) that could reasonably be expected to endanger anyone's life 13 or health, including psychological health; or 14 (iv) that could reasonably be expected to prejudice the 15 effectiveness of a test or audit; or 16 (v) that could reasonably be expected to divulge the identity of 17 an informant or a confidential source of information; or 18 (vi) that could reasonably be expected to disclose an expert's 19 advice or recommendation about an offender; or 20 (vii) that could reasonably be expected to prejudice a law 21 enforcement agency's investigation; or 22 (viii)that could have a serious adverse effect on the commercial 23 interests, or reveal commercial-in-confidence interests, of 24 an engaged service provider; but 25 (b) does not include-- 26 (i) information already disclosed to the general public, unless 27 further disclosure of the information is prohibited by law; or 28 (ii) statistical or other information that could not reasonably be 29 expected to result in the identification of the person to 30 whom the information relates. 31 "private details" of a person includes the person's identity, private 32 residential address or contact details.'. 33

 


 

s 31 17 s 31 Corrective Services Amendment Bill 2003 31 Insertion of new s 244A Clause 1 After section 244-- 2 insert-- 3 `244A Traffic history 4 `(1) The chief executive may ask the transport chief executive to give the 5 chief executive a report about an offender's traffic history for use under 6 this Act and the Penalties and Sentences Act 1992. 7 `(2) The transport chief executive must give the chief executive a written 8 report about the traffic history that-- 9 (a) is in the transport chief executive's possession; or 10 (b) the transport chief executive can access through arrangements 11 with a government department of another State. 12 `(3) The chief executive may give information in the report to-- 13 (a) the person in charge of an institution (including in another State) 14 to which a prisoner is, or is to be, transferred under this Act or 15 another Act; or 16 (b) a designated authority under the Parole Orders (Transfer) 17 Act 1984, section 7(1)(e);1 or 18 (c) a proper authority under the Penalties and Sentences Act 1992, 19 section 136(2)(b);2 or 20 (d) a corrections board. 21 `(4) The information in the report may include a reference to, or a 22 disclosure of, a conviction referred to in the Criminal Law (Rehabilitation 23 of Offenders) Act 1986, section 6.3 24 `(5) In this section-- 25 "traffic history" of an offender means the offender's traffic history under 26 the Transport Operations (Road Use Management) Act 1995. 27 1 Parole Orders (Transfer) Act 1984, section 7 (Documents to accompany requests) 2 Penalties and Sentences Act 1992, section 136 (Notifications following making of order) 3 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of convictions upon expiration of rehabilitation period)

 


 

s 32 18 s 34 Corrective Services Amendment Bill 2003 "transport chief executive" means the chief executive of the department 1 in which the Transport Operations (Road Use Management) Act 1995 2 is administered.'. 3 32 Amendment of s 245 (Pre-sentence reports) Clause 4 Section 245-- 5 insert-- 6 `(1A) A pre-sentence report may, for example, state the person's criminal 7 or traffic history obtained under section 244 or 244A.4'. 8 33 Amendment of s 251 (Evidentiary aids) Clause 9 Section 251(3)(f), after `under this Act'-- 10 insert-- 11 `, the Corrective Services Act 1988, the Corrective Services 12 (Administration) Act 1988 or the Prisons Act 1958'. 13 34 Amendment of ch 7 (Transitional provisions) Clause 14 Chapter 7-- 15 insert-- 16 `PART 3--CORRECTIVE SERVICES AMENDMENT 17 ACT 2003 18 `274B Conditional release orders 19 `(1) If a prisoner, immediately before the commencement of this section, 20 was serving a period of imprisonment and expected to be able to be 21 released on conditional release, but was also being detained on remand for 22 another offence, the expectation is extinguished. 23 `(2) For section 80(1), the time before the commencement of this section 24 for which a prisoner was released under a conditional release order before 25 the order was cancelled counts as time served for the prisoner's period of 26 imprisonment. 27 4 Section 244 (Commissioner to provide criminal history) or 244A (Traffic history)

 


 

s 35 19 s 35 Corrective Services Amendment Bill 2003 `(3) Section 80(10) applies to a prisoner if the conditional release order 1 is cancelled because of a conviction for an offence regardless of whether 2 the offence was committed before or after the commencement of this 3 section. 4 `274C Exceptional circumstances parole conditions 5 `(1) This section applies if, before the commencement of this section, a 6 condition was imposed on an exceptional circumstances parole order that, 7 after the commencement, could be imposed on the order. 8 `(2) The condition is valid, and is taken always to have been valid. 9 `274D Prisoner in custody of administrator of authorised mental 10 health service 11 `(1) This section applies if a prisoner was transferred to an authorised 12 mental health service during the period starting on 28 February 2002 and 13 ending on the commencement of this section. 14 `(2) While at the authorised mental health service, the prisoner is taken 15 to have been in the custody of the service's administrator. 16 `274E Classified patient taken to be prisoner 17 `A person is taken to have been a prisoner for chapter 5, part 15 if, during 18 the period starting on 28 February 2002 and ending on the commencement 19 of this section, the person was-- 20 (a) a classified patient being detained in an authorised mental health 21 service under the Mental Health Act 2000; and 22 (b) serving a period of imprisonment.'. 23 35 Amendment of sch 3 (Dictionary) Clause 24 (1) Schedule 3, definitions "advisory council", "appointed member" 25 (first mention) and "confidential information"-- 26 omit. 27 5 Chapter 5 (Post-prison community based release), part 1 (Orders)

 


 

s 35 20 s 35 Corrective Services Amendment Bill 2003 (2) Schedule 3-- 1 insert-- 2 ` "authorised mental health service" means a mental health service 3 declared under the Mental Health Act 2000, section 495, to be an 4 authorised mental health service. 5 "confidential information" see section 243.'. 6 (3) Schedule 3, definition "incident", paragraph (a)(ii), (b) and (c)-- 7 omit, insert-- 8 `(ii) subject to a community based order or post-prison 9 community based release order and under the direct 10 personal supervision of a corrective services officer; and 11 12 Example-- 13 A prisoner is one of a group of prisoners repairing a hall as part of 14 community service performed under the direct personal supervision 15 of a corrective services officer. If the prisoner cuts off a finger with a 16 chainsaw, the injury is an incident even though the officer was 17 helping another prisoner at the time of the incident. 18 However, if a prisoner cuts off a finger with a chainsaw while doing 19 home renovations during home detention, and a corrective services 20 officer is not at the home at the time, the injury is not an incident. (b) an escape or attempted escape from secure custody; or 21 (c) a riot or mutiny; or'. 22 (4) Schedule 3, definition "prisoner"-- 23 omit, insert-- 24 ` "prisoner" means-- 25 (a) for chapter 5, part 1--a classified patient being detained in an 26 authorised mental health service under the Mental Health 27 Act 2000 who is serving a period of imprisonment; or 28 (b) otherwise--a person who is in the chief executive's custody, 29 including a person who is subject to a post-prison community 30 based release order.'. 31

 


 

s 36 21 s 37 Corrective Services Amendment Bill 2003 PART 3--AMENDMENT OF POLICE POWERS AND 1 RESPONSIBILITIES ACT 2000 2 36 Act amended in pt 3 Clause 3 This part amends the Police Powers and Responsibilities Act 2000. 4 37 Amendment of s 198 (Arrest without warrant) Clause 5 Section 198(1)-- 6 insert-- 7 `(l) because the offence is-- 8 (i) an offence against the Corrective Services Act 2000, 9 section 103(3);6 or 10 (ii) an offence to which the Corrective Services Act 2000, 11 section 104 applies.7'. 12 13 State of Queensland 2003 6 Corrective Services Act 2000, section 103 (Persons near prisoners) 7 Corrective Services Act 2000, section 104 (Temporary detention for security offences)

 


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