Intensive Correction Orders (ACT)

In the ACT, an adult who is sentenced to a term of imprisonment can be ordered to serve their sentence as an intensive correction order (ICO). This is a form of imprisonment that is served while living in the community under strict conditions and supervision. Intensive correction orders provide an alternative to full-time custody, allowing offenders to maintain employment, family relationships, and community ties while serving their sentence under close monitoring. This sentencing option reflects the justice system's recognition that rehabilitation and community integration can be more effectively achieved through supervised community-based sentences for certain offenders and offences. This page deals with intensive correction orders in the ACT.

Legislation

Under section 11 of the Crime (Sentencing) Act 2005, a court can order a sentence be served as an intensive correction order if the sentence is for more than two but not more than four years and where an ICO is appropriate given:

• the level of harm to the victim and the community
• whether the offender poses a risk to one or more people in the community
• the offender's culpability in relation to the offence in all the circumstances

The legislative framework also requires courts to consider the offender's personal circumstances, including their employment status, family responsibilities, and capacity for rehabilitation. An ICO can include conditions that the offender must perform community service; that they must take part in rehabilitation programs; or that they comply with a reparation order, non-association order or a place restriction order. The court has discretion to tailor these conditions to address the specific circumstances of the offence and the offender's individual needs.

Assessment for an ICO

Suitability Assessment Process

A person will only be sentenced to an ICO if they have been assessed by a Corrections officer as suitable for an ICO. This assessment will be based on all the person's circumstances including their willingness and ability to comply with the conditions of an order. The assessment process involves a comprehensive evaluation of the offender's criminal history, personal circumstances, accommodation arrangements, and support networks.

Assessment Criteria

Corrections officers consider various factors during the assessment, including the offender's mental health status, substance abuse issues, employment prospects, and family situation. The assessment also evaluates whether the offender has a stable address within the ACT and whether they demonstrate genuine motivation to comply with intensive supervision requirements. Risk assessment tools may be used to determine the likelihood of reoffending and the offender's capacity to successfully complete the order.

Conviction

If a person is sentenced to an ICO, a conviction will be recorded. This conviction becomes part of the offender's criminal history and may impact future sentencing decisions, employment opportunities, and various applications requiring criminal history checks. The recording of a conviction reflects the serious nature of intensive correction orders as a genuine form of imprisonment served in the community rather than a lenient alternative to custody.

Obligations

Core Conditions

Under section 42 of the Crimes (Sentence Administration) Act 2005, an ICO is subject to the following core conditions:

• not to commit an offence punishable by imprisonment
• to inform Correction if they are charged with an offence
• to inform Corrections if their contact details change
• to comply with the direction of Corrections, including directions about the address to live at, programs to undertake and reporting
• not to leave the ACT without permission

Additional Conditions

Beyond the core conditions, courts may impose additional requirements tailored to the specific circumstances. These may include curfew restrictions, electronic monitoring, regular drug and alcohol testing, restrictions on associating with certain individuals, or prohibitions from visiting particular locations. The intensity and nature of supervision can vary depending on the assessed risk level and the specific needs identified during the assessment process.

Community Service Conditions

An intensive correction order may include a condition that the offender must perform community work if this is appropriate. A person can be required to perform between 20 and 500 hours of community work. Community service work typically involves unpaid labor that benefits the community, such as environmental restoration, maintenance of public facilities, or assistance with charitable organizations.

The maximum period within which community work must be completed is as follows:

• Less than 125 hours – six months
• 125 – 250 hours – 12 months
• More than 250 hours – 24 months

If a person is sentenced to two ICOs that include community service conditions, the periods during which the work must be performed may run either consecutively or concurrently. However, the total number of hours across the two orders must not be more than 500. Offenders must demonstrate punctuality, reliability, and appropriate conduct while performing community service, as these requirements form part of their sentence obligations.

Rehabilitation Conditions

An ICO may include a condition that the offender must take part in rehabilitation programs. This condition may include:

• the program they must attend
• the place and time that they must report for the program
• the person to whom they must report

Rehabilitation programs may address various issues such as substance abuse, anger management, domestic violence intervention, or mental health support. The selection of appropriate programs is based on the assessment of the offender's criminogenic needs and risk factors. Successful completion of these programs is often crucial for the overall success of the intensive correction order and the offender's long-term rehabilitation.

Supervision and Monitoring

Regular Reporting Requirements

Offenders serving intensive correction orders must maintain regular contact with their supervising corrections officer. The frequency and nature of reporting depend on the assessed risk level and specific conditions of the order. This may involve face-to-face meetings, telephone check-ins, or electronic monitoring systems to ensure compliance with all conditions.

Electronic Monitoring

In some cases, electronic monitoring may be employed as part of an intensive correction order. This technology allows corrections authorities to monitor the offender's location and movements, ensuring compliance with curfew restrictions and place restriction orders. Electronic monitoring provides an additional layer of supervision while allowing offenders to maintain their community-based sentence.

Benefits and Objectives of ICOs

Rehabilitation Focus

Intensive correction orders prioritize rehabilitation over purely punitive measures. By allowing offenders to remain in the community under strict supervision, these orders facilitate access to employment, education, healthcare, and family support systems that are crucial for successful reintegration and reduced recidivism rates.

Cost-Effectiveness

Community-based sentences like intensive correction orders are generally more cost-effective than full-time imprisonment while maintaining public safety through rigorous supervision and monitoring. This approach allows the justice system to allocate resources more efficiently while achieving better long-term outcomes for both offenders and the community.

Breaches of ICOs

If a person breaches the conditions of their ICO, this will be reported to the Sentence Administration Board. The Board may give the offender a warning, suspend the order, cancel the order, or refer the matter to a court. The response to breaches depends on the nature and severity of the violation, the offender's compliance history, and the circumstances surrounding the breach.

If a person who has been sentenced to an ICO is found guilty of another offence while on the order, the court must cancel the ICO and order them to serve the rest of the sentence