Intensive Correction Orders (ICO)
If you have been convicted of a crime, you may receive an intensive correction order, which is a custodial sentence and an alternative to being detained in a prison. It can only be imposed after the court has determined that a prison sentence is appropriate: s 7(1) Crimes (Sentencing Procedure) Act 1999 (NSW).
The ‘paramount consideration’ when deciding whether to impose an ICO is ‘community safety’. A court must assess whether an ICO would be more likely to address the defendant’s risk of reoffending than full-time imprisonment.
When is an ICO not available?
A court cannot impose an ICO if the duration of the term of imprisonment imposed for the offence exceeds 2 years.
An ICO is not available for certain types of offences. These include:
murder or manslaughter,
any prescribed sexual offence which includes child sex offences,
a terrorism offence,
an offence relating to a contravention of a serious crime prevention order under section 8 of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW),
an offence relating to a contravention of a public safety order under section 87ZA of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW),
an offence involving the discharge of a firearm,
an offence that includes the commission of, or an intention to commit, an offence referred to above, or
an offence of attempting, or of conspiracy or incitement, to commit an offence referred to above
Assessment Report
A court must order an assessment report before making an ICO.
It must have regard to the contents of the report but is not bound by it.
A CCO cannot be imposed for a domestic violence offence unless the court has considered the safety of the complainant.
What are the conditions for an ICO?
The mandatory conditions for an ICO include the following:
you must not commit any further offences, and
you must submit to supervision by a community correction officer.
Additional conditions for an ICO include:
home detention,
electronic monitoring,
curfew,
community service work (up to 750 hours),
participation in a rehabilitation program or acceptance of treatment,
abstention from alcohol or drugs, or both,
non-association with particular persons,
a prohibition from frequenting or visiting a place or area.
A court may at the time of sentencing impose any further conditions, so long as they are not inconsistent with the existing standard or additional conditions.
The Parole Authority can impose, vary or nullify ICO conditions after the sentencing date upon application by a community corrections officer provided that a court could have done the same at the time of sentencing.
The Authority cannot, however, impose home detention or community service condition unless it has received an assessment report by a community correction officer that states that such a condition is appropriate.
An ICO must always have at least one additional condition.
How long will an ICO be imposed for?
A maximum term of an ICO is 3 years: s 68(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
What happens if you breach your ICO?
If you fail to comply with the conditions of an ICO order, sanctions may be imposed by the Commissioner of Corrective Services or the State Parole Authority. These sanctions may include:
a formal warning
imposing more stringent conditions
change or revoke existing additional condition/s
revocation of the order.
If the order is revoked, you may be required to serve the full period of your sentence in full-time custody.
Can you appeal a decision to revoke an ICO?
The decision to revoke an ICO can be appealed to the Parole Authority.
However, this can only be done after the defendant has served at least one month in prison.