Re‑socialisation programmes for Schedule 3 prisoners
13 Re‑socialisation programmes for Schedule 3 prisoners
In this section —
prisoner means a Schedule 3 prisoner.
At a prescribed time in the sentence of a prisoner the CEO must assess —
the suitability of the prisoner for inclusion in a re‑socialisation programme; and
whether the prisoner’s participation in a re‑socialisation programme can be facilitated by the CEO.
The CEO is to give the Board a written report on the outcome of an assessment made under subsection (2).
If the Board —
has received a report under subsection (3) advising that the CEO can facilitate the prisoner’s participation in a re‑socialisation programme; and
considers that the prisoner may be suitable for inclusion in a re‑socialisation programme,
then except as provided in subsection (5A) the Board may request the CEO to give it a detailed description of a re‑socialisation programme in which the prisoner should participate before being released, and the CEO must comply with that request.
If after —
receiving a re‑socialisation programme from the CEO under subsection (4); and
considering the release considerations relating to the prisoner,
the Board endorses the programme, with or without variations, then except as provided in subsections (5A) and (5B) the Board may, in a report given under section 12A(2) or at any other time, recommend to the Minister that the Governor should be advised to approve of the programme as so endorsed and of the prisoner’s participation in it.
At any time when a direction under section 14C is in effect in relation to a prisoner —
the Board must not make a request under subsection (4) in relation to the prisoner; and
the CEO must not comply with a request under subsection (4) in relation to the prisoner; and
the Board must not, for the purposes of subsection (5), consider release considerations, endorse a re‑socialisation programme or make a recommendation in relation to the prisoner.
The Board must not endorse a re‑socialisation programme or make a recommendation for the purposes of subsection (5) in relation to a prisoner with links to terrorism who is subject to a Commissioner of Police report unless the Board, having regard to the report, is satisfied that the prisoner is suitable for inclusion in the programme.
If the Governor approves of the re‑socialisation programme and of the prisoner’s participation in it, the Board is to provide it to the CEO as so approved.
The CEO must give a copy of the approved re‑socialisation programme to the prisoner and implement it as far as is reasonably practicable unless it is suspended or cancelled in accordance with the regulations.
A prisoner is not to participate in a re‑socialisation programme other than one approved by the Governor and provided to the CEO under subsection (6).
Nothing in this section limits the power of —
the Board to recommend to the CEO any other programme in which the prisoner should participate before being released; or
the CEO to implement any other programme before the prisoner is released.
[Section 13 inserted: No. 41 of 2006 s. 12; amended: No. 45 of 2016 s. 9; No. 42 of 2018 s. 5; No. 14 of 2022 s. 9.]
This provision refers to the regulations (the regulations
). Made under this Act:
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