Release etc on change of status of correctional patient
138 Release etc on change of status of correctional patient
This section applies if—
the director-general is told by the corrections director‑general or CYP director-general, or otherwise becomes aware, of any of the following in relation to a person who is a correctional patient:
the person’s sentence of imprisonment ends;
the person is released on parole;
the person is otherwise released from detention on the order of a court;
the relevant charge against the person is dismissed;
the director of public prosecutions notifies the ACAT or a court that the relevant charge against the person will not proceed; and
the person is not required to be detained under another court order.
The corrections director-general and the CYP director-general must tell the director-general of any change in a person’s status as a detainee or young detainee (see Corrections Management Act 2007, s 54A and Children and Young People Act 2008, s 109A).
The director-general must—
at the person’s request, continue the treatment, care or support in the approved mental health facility; or
make any other decision that the director-general may make in relation to the person under this Act; or
release the person from the approved mental health facility.
Note For principles that must be taken into account when exercising a function under this Act, see s 6.
This Act’s bill:Explanatory statementSecond reading speech
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