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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CORRECTIVE SERVICES
AND PENALTIES AND
SENTENCES AMENDMENT
BILL 1998
Queensland
CORRECTIVE SERVICES AND
PENALTIES AND SENTENCES
AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CORRECTIVES SERVICES ACT
1988
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 10 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 61 (Leave of absence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 86 (Release of prisoner to home detention) . . . . . . . . . . . 5
6 Amendment of s 166 (Eligibility for parole) . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 5--COMMUNITY SUPERVISION AND COMMUNITY
SUPERVISION ORDERS FOR SERIOUS VIOLENT OFFENDERS
196A Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
196B Purposes of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
196C Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
196D Meaning of "serious violent offender" . . . . . . . . . . . . . . . . . . . . . . . . 7
196E Community supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
196F Community supervision orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
196G Requirements for community supervision and community
supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
196H Assignment of community correctional officer . . . . . . . . . . . . . . . . . 10
196I Contravention of community supervision or community
supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Corrective Services and Penalties and Sentences
Amendment
196J Regulation-making power for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 157 (Eligibility for parole) . . . . . . . . . . . . . . . . . . . . . . . . . 11
1998
A BILL
FOR
An Act to amend the Corrective Services Act 1988 and Penalties and
Sentences Act 1992
s1 4 s3
Corrective Services and Penalties and Sentences
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Corrective Services and Penalties and 4
Sentences Amendment Act 1998 5
PART 2--AMENDMENT OF CORRECTIVES 6
SERVICES ACT 1988 7
amended in pt 2 8
Act
Clause 2. This part amends the Corrective Services Act 1988. 9
of s 10 (Definitions) 10
Amendment
Clause 3. Section 10-- 11
insert-- 12
` "1998 amendment Act" means the Corrective Services and Penalties 13
and Sentences Amendment Act 1998. 14
"community supervision", for part 5, see section 196E. 15
"community supervision order", for part 5, see section 196F. 16
"release day", for part 5, see section 196C. 17
"sentencing court", for part 5, see section 196C. 18
"serious violent offender", for part 5, see section 196D.'. 19
s4 5 s5
Corrective Services and Penalties and Sentences
Amendment
of s 61 (Leave of absence) 1
Amendment
Clause 4. Section 61(2A), from `unless the prisoner'-- 2
omit, insert-- 3
`unless-- 4
(a) for a prisoner other than a prisoner serving a term of 5
imprisonment on conviction of a serious violent offence 6
committed after the commencement of the 1998 amendment Act, 7
the prisoner has served at least-- 8
(i) if the prisoner is serving life imprisonment--15 years of that 9
sentence; or 10
(ii) otherwise--80% of the sentence imposed; or 11
(b) for a prisoner serving a term of imprisonment on conviction of a 12
serious violent offence committed after the commencement of the 13
1998 amendment Act, the prisoner is serving life imprisonment 14
and has served at least 15 years of that sentence; or 15
(c) the prisoner is released for medical or compassionate purposes.'. 16
of s 86 (Release of prisoner to home detention) 17
Amendment
Clause 5. Section 86(2A), from `unless the prisoner'-- 18
omit, insert-- 19
`unless-- 20
(a) for a prisoner other than a prisoner serving a term of 21
imprisonment on conviction of a serious violent offence 22
committed after the commencement of the 1998 amendment Act, 23
the prisoner has served at least-- 24
(i) if the prisoner is serving life imprisonment--15 years of that 25
sentence; or 26
(ii) otherwise--80% of the sentence imposed; or 27
(b) for a prisoner serving a term of imprisonment on conviction of a 28
serious violent offence committed after the commencement of the 29
s6 6 s7
Corrective Services and Penalties and Sentences
Amendment
1998 amendment Act, the prisoner is serving life imprisonment 1
and has served at least 15 years of that sentence.'. 2
of s 166 (Eligibility for parole) 3
Amendment
Clause 6.(1) Section 166(1)(c), after `offence'-- 4
insert-- 5
`and paragraph (ca) or (cb) does not apply'. 6
(2) Section 166(1)-- 7
insert-- 8
`(ca) if the prisoner is serving a term of imprisonment of not more 9
than 15 years on conviction of a serious violent offence 10
committed after the commencement of the 1998 amendment Act; 11
or 12
(cb) if the prisoner is serving a term of imprisonment of more than 15 13
years, including life imprisonment, on conviction of a serious 14
violent offence committed after the commencement of the 1998 15
amendment Act--until the prisoner has served at least 15 years of 16
that sentence; or'. 17
of new pt 5 18
Insertion
Clause 7. After part 4-- 19
insert-- 20
`PART 5--COMMUNITY SUPERVISION AND 21
COMMUNITY SUPERVISION ORDERS FOR 22
SERIOUS VIOLENT OFFENDERS 23
of pt 5 24
`Application
`196A. This part applies to serious violent offenders, other than a serious 25
violent offender who is on parole. 26
s7 7 s7
Corrective Services and Penalties and Sentences
Amendment
urposes of pt 5 1
`P
`196B. The purposes of this part are-- 2
(a) to recognise changes to the serving of terms of imprisonment for 3
serious violent offenders made by the 1998 amendment Act; and 4
(b) to provide a system of community supervision and reintegration 5
that-- 6
(i) helps those offenders successfully reintegrate into the 7
community after serving their full terms of imprisonment; 8
and 9
(ii) serves to assure the community that individuals who 10
commit serious violent offences are appropriately supervised 11
after their discharge from prison and given support in their 12
efforts to reintegrate into the community. 13
for pt 5 14
`Definitions
`196C. In this part-- 15
"release day", of a serious violent offender, means the day the offender 16
must be discharged from prison. 17
"sentencing court", of a serious violent offender, means-- 18
(a) the court that sentenced the offender to imprisonment for the 19
serious violent offence; or 20
(b) if the offender, as part of 1 term of imprisonment, is serving or 21
has served imprisonment imposed by different courts for more 22
than 1 serious violent offence--the court having higher 23
jurisdiction. 24
of "serious violent offender" 25
`Meaning
`196D.(1) For this part, a person is a "serious violent offender" if the 26
person is convicted of and is serving a term of imprisonment for a serious 27
violent offence committed after the commencement of the 1998 amendment 28
Act. 29
`(2) The person continues to be a "serious violent offender" for this 30
s7 8 s7
Corrective Services and Penalties and Sentences
Amendment
part if, after serving the term of imprisonment for the serious violent 1
offence and without being released from prison, the person serves a further 2
term of imprisonment for any 1 or more offences. 3
supervision 4
`Community
`196E.(1) This section applies to a serious violent offender on and from 5
the offender's release day. 6
`(2) This section applies despite any other provision of this or another 7
Act or law. 8
`(3) A 6 month period of community supervision and reintegration into 9
the community ("community supervision") is imposed on the offender. 10
supervision orders 11
`Community
`196F.(1) The commission must apply to a judge of the sentencing court 12
of a serious violent offender for an order for the community supervision 13
and reintegration into the community of the offender ("community 14
supervision order"). 15
`(2) The application must be made not more than 6 months and not less 16
than 3 months before the release day of the offender. 17
`(3) For the application, the commission must-- 18
(a) prepare or cause to be prepared a report assessing-- 19
(i) the offender's behaviour while in prison; and 20
(ii) the offender's preparedness and ability to reintegrate into the 21
community; and 22
(iii) the likelihood of the offender committing further serious 23
violent offences after release; and 24
(b) give a copy of the report to the offender at least 28 days before the 25
day the application is to be heard; and 26
(c) file a copy of the report in the sentencing court. 27
`(4) The director of public prosecutions must, and the offender may, 28
attend at the hearing of the application. 29
s7 9 s7
Corrective Services and Penalties and Sentences
Amendment
`(5) On the hearing of the application, the judge must-- 1
(a) take into consideration the report prepared under subsection (3); 2
and 3
(b) give both the director of public prosecutions and the offender the 4
opportunity to lead admissible evidence on any relevant matter, 5
including evidence disputing the contents of the report; and 6
(c) allow the offender and the director of public prosecutions to 7
cross-examine the author of the report on its contents; and 8
(d) have regard to any submissions made at the hearing. 9
`(6) The judge may make the community supervision order the judge 10
considers appropriate. 11
`(7) However, a community supervision order may only be for a period 12
of not more than 4 years and 6 months starting at the end of the period of 13
supervision and reintegration imposed on the person under section 196E. 14
`(8) For subsection (1), it is immaterial whether the judge is the judge 15
who originally constituted the sentencing court. 16
`(9) This section does not affect section 196E. 17
for community supervision and community 18
`Requirements
supervision order 19
`196G.(1) A person on whom community supervision is imposed or 20
who is subject to a community supervision order must-- 21
(a) be under the supervision of a community correctional officer; and 22
(b) abstain from violation of the law; and 23
(c) carry out the lawful instructions of the community correctional 24
officer; and 25
(d) report and receive visits as directed by the community 26
correctional officer; and 27
(e) notify the community correctional officer within 48 hours of any 28
change of address or change of employment; and 29
(f) not leave the State without the written consent of the commission. 30
s7 10 s7
Corrective Services and Penalties and Sentences
Amendment
`(2) A community supervision order may specify other requirements to 1
which the person is subject that the judge considers necessary to advance 2
the purposes of this part. 3
of community correctional officer 4
`Assignment
`196H. The commission must assign a community correctional officer 5
for a person who is subject to community supervision or a community 6
supervision order. 7
of community supervision or community supervision 8
`Contravention
order 9
`196I.(1) A person who contravenes community supervision or a 10
community supervision order commits an offence. 11
Maximum penalty--100 penalty units or 6 months imprisonment. 12
`(2) For subsection (1), a person contravenes-- 13
(a) community supervision, if the person contravenes 14
section 196G(1)(b), (c), (d), (e) or (f) or a provision of a 15
regulation under section 196J(2)(a); or 16
(b) a community supervision order, if the person contravenes 17
section 196G(1)(b), (c), (d), (e) or (f) or a requirement of the 18
order. 19
power for pt 5 20
`Regulation-making
`196J.(1) The Governor in Council may make regulations for this part. 21
`(2) Without limiting subsection (1), a regulation may prescribe-- 22
(a) other requirements to which a person is subject under community 23
supervision to advance the purposes of this part; and 24
(b) the instructions a community correctional officer may lawfully 25
give for section 196G(1)(c); and 26
(c) the frequency of reporting and visiting for section 196G(1)(d). 27
s8 11 s9
Corrective Services and Penalties and Sentences
Amendment
`(3) For section 196I, a regulation may identify provisions made under 1
subsection (2)(a).'. 2
PART 3--AMENDMENT OF PENALTIES AND 3
SENTENCES ACT 1992 4
amended in pt 3 5
Act
Clause 8. This part amends the Penalties and Sentences Act 1992. 6
of s 157 (Eligibility for parole) 7
Amendment
Clause 9.(1) Section 157(7), `If an offender'-- 8
omit, insert-- 9
`Subject to subsection (8), if an offender'. 10
(2) Section 157-- 11
insert-- 12
`(8) If an offender is convicted of a serious violent offence committed 13
after the commencement of the Corrective Services and Penalties and 14
Sentences Amendment Act 1998-- 15
`(a) the court that sentences the offender for the serious violent 16
offence can not make a recommendation under this section that-- 17
(i) for an offender sentenced to serve a term of imprisonment 18
of not more than 15 years--recommends the offender be 19
eligible for release on parole at any time during that term of 20
imprisonment; or 21
(ii) for an offender sentenced to serve a term of imprisonment 22
of more than 15 years, including life 23
imprisonment--reduces the period of imprisonment the 24
offender must serve before being eligible for release on 25
parole under the Corrective Services Act 1988, 26
section 166(1)(cb); and 27
s9 12 s9
Corrective Services and Penalties and Sentences
Amendment
(b) no recommendation made under this section by any court to 1
reduce the term of imprisonment the offender must serve for the 2
serious violent offence-- 3
(i) for an offender sentenced to serve a term of imprisonment 4
of not more than 15 years for the offence--can reduce the 5
term of imprisonment the offender must serve; or 6
(ii) for an offender sentenced to serve a term of imprisonment 7
of more than 15 years for the offence, including life 8
imprisonment--can reduce the period of imprisonment the 9
offender must serve before being eligible for release on 10
parole under the Corrective Services Act 1988, 11
section 166(1)(cb).'. 12
13
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