Community Correction Order (CCO)

The Crimes (Sentencing Procedure) Act 1999 is to be amended on 24 September 2018, introducing new sentencing options, among them will be Community Correction Orders (CCO) which will replace both Community Service Orders and Sections 9 Good Behaviour Bonds.

A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CCO. Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. In order to be eligible for a condition to do community service work a person will have to be assessed by an officer of the Community Correction Service as suitable to be subject to such a condition.

Definition

Part 7 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty will be found.

Section 85 (2) states that CCOs will be available for a term of up to 3 years
Section 87 states that a CCO is subject to the following conditions:
- Standard conditions imposed by the sentencing court under section 88,
- Any additional conditions imposed by the sentencing court under section 89,
- Any further conditions imposed by the sentencing court under section 90.

Standard conditions

Section 88 (2) outlines the standard conditions which must be imposed on a CCO

The standard conditions of a community correction order are the following:

A condition that the offender must not commit any offence,
A condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.

Additional conditions

Section 89 (2) outlines the additional conditions that may be imposed by the sentencing court. An application can be made by community corrections officer or juvenile justice officer or the offender to have the following conditions imposed on the CCO:

The additional conditions of a community correction order that are available to be imposed are the following conditions:

A curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours),
A community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 hours),
A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment,
An abstention condition requiring abstention from alcohol or drugs or both,
A non-association condition prohibiting association with particular persons,
A place restriction condition prohibiting the frequenting of or visits to a particular place or area,
A supervision condition requiring the offender to submit to supervision:
- By a community corrections officer, except as provided by subparagraph (ii) or (iii), or
- If the offender was under the age of 18 years when the condition was imposed, by a juvenile justice officer until the offender has reached that age, or
- If the offender was under the age of 18 years when the condition was imposed but has since reached that age, by a juvenile justice officer where the officer chooses to continue supervision.

Conditions which must not be imposed

Section 89 (3) outlines conditions which must not be imposed on a CCO

An additional condition of any of the following kinds must not be imposed on a community correction order:
- A home detention condition,
- An electronic monitoring condition,
- A curfew condition imposing a curfew exceeding 12 hours in any period of 24 hours.
The sentencing court must not impose a community service work condition on a community correction order unless an assessment report states that the offender is suitable to be the subject of such a condition.
The sentencing court may limit the period during which an additional condition on a community correction order is in force.

Further Conditions

Section 90 states that the court has a discretion to impose further conditions, so long as they are not inconsistent with the standard conditions or any additional conditions.

The sentencing court may at the time of sentence, or subsequently on the application of a community corrections officer or juvenile justice officer or the offender:
- Impose further conditions on a community correction order, or
- Vary or revoke any such further conditions imposed by it on a community correction order.
This section does not permit the sentencing court to impose any further conditions, or vary any such further conditions, if the conditions as imposed or varied:
- Would be inconsistent with:
  - Any of the standard conditions of a community correction order, or
  - Any of the additional conditions (whether or not actually imposed on the community service order) referred to in section 89 (2), or (b) would not be permitted under section 89 (3).
The sentencing court may limit the period during which a further condition on a community correction order is in force.