Introduction

Intensive Correction Orders (ICOs) are a significant alternative to full-time imprisonment in NSW, allowing offenders to serve their sentences within the community under strict supervision. This approach aims to reduce recidivism and promote rehabilitation by addressing the underlying factors that contribute to criminal behaviour.

In the legal system, ICOs play a crucial role in balancing community safety with offender rehabilitation. By imposing specific conditions and monitoring compliance, ICOs ensure that offenders remain accountable while integrating back into society.

What is an Intensive Correction Order (ICO)?

What is an Intensive Correction Order?

An ICO is the most serious court-mandated sentence that can be served within the community instead of full-time imprisonment. Governed by the Crimes (Administration of Sentences) Act 1999 (NSW), sections 80-83, ICOs are designed for sentences of up to two years for single offences and up to three years for multiple offences.

ICOs involve strict supervision by a community corrections officer and come with mandatory conditions that offenders must adhere to, ensuring they remain accountable while undergoing rehabilitation.

Purpose and Benefits of ICOs

Intensive Correction Orders serve several key purposes within the legal system. They aim to:

• Reduce Recidivism: By providing offenders with opportunities to engage in rehabilitative programs while remaining in the community, ICOs help address underlying issues that contribute to criminal behaviour.
  
• Promote Rehabilitation: Offenders under an ICO are often required to participate in treatment programs, such as drug or alcohol counselling, which can facilitate personal growth and reduce the likelihood of reoffending.
  
• Maintain Community Safety: Through close monitoring and structured conditions, ICOs ensure that offenders are less likely to pose a danger to the public.
  
• Cost-Effectiveness: Serving a sentence through an ICO is generally more cost-effective than full-time imprisonment, relieving the burden on the correctional system while still holding offenders accountable.
  

ICOs also allow offenders to remain connected to their families and support networks, which can be instrumental in their rehabilitation process.

Who is Eligible for an Intensive Corrections Order?

General Eligibility Criteria

To be eligible for an Intensive Correction Order, an offender must be over 18 years of age and deemed suitable for community-based correction. The offender must also commit to complying with the obligations of the ICO. Additionally, the court must assess that an ICO is appropriate based on the circumstances of the offence, including the risk of reoffending and community safety.

Ineligible Offences

Certain offences disqualify an offender from receiving an Intensive Correction Order. These include:

• Murder and manslaughter
• Sexual assault or prescribed sexual offences
• Terrorism offences
• Offences involving the discharge of a firearm
• Domestic violence offences, unless the court is satisfied that the victim will not reside with the offender and will be protected.

Assessment Process

Role of Community Corrections

Community Corrections plays an integral role in the assessment process required before an ICO can be imposed. They conduct comprehensive evaluations of offenders to determine their suitability for serving their sentence within the community. This involves interviewing the offender and assessing various factors such as family background, social circumstances, education, employment history, and the nature of the offence. The information gathered is essential in preparing the Sentencing Assessment Report (SAR), which aids the court in making informed sentencing decisions.

Sentencing Assessment Report

The SAR is a detailed document prepared by Community Corrections as part of the ICO assessment process. The SAR includes an analysis of the offender’s family background, social and economic circumstances, education, employment history, and any factors related to the offending conduct. It also evaluates the offender’s attitude towards the offence, levels of remorse, and potential for rehabilitation. Based on this comprehensive evaluation, the SAR provides recommendations on whether an ICO is appropriate and outlines any conditions that may enhance the effectiveness of the ICO in promoting rehabilitation and reducing the risk of reoffending.

Conditions of an Intensive Correction Order

Standard Conditions

An ICO includes two standard conditions that all offenders must adhere to during the term of their sentence. Firstly, the offender must not commit any further offences. This condition aims to ensure that individuals under an ICO refrain from engaging in criminal activities, thereby promoting community safety.

Secondly, the offender must submit to supervision by a community corrections officer. This supervision involves regular check-ins and monitoring to ensure compliance with the ICO’s conditions. The community corrections officer plays a crucial role in overseeing the offender’s behaviour and providing support for rehabilitation.

Additional Conditions

In addition to the standard conditions, the court may impose additional conditions tailored to the offender’s specific circumstances and needs. These additional conditions are designed to address factors that contributed to the initial offence and to support the offender’s rehabilitation within the community.

Key additional conditions may include:

• Curfews: Offenders may be required to remain at their prescribed residence during specific hours, typically establishing a 12-hour curfew within any 24-hour period. This condition helps manage the offender’s movements and reduce opportunities for reoffending.
  
• Community Service: Offenders might be mandated to complete a specified number of community service hours, generally up to 750 hours, depending on the length of the sentence. Community service allows offenders to give back to the community while demonstrating responsibility.
  
• Rehabilitation Programs: Participation in rehabilitation or treatment programs is often required to address underlying issues such as substance abuse, anger management, or other behavioural problems. These programs are essential for reducing the risk of reoffending and facilitating the offender’s reintegration into society.
  
• Abstention from Alcohol or Drugs: Offenders may be required to abstain from consuming alcohol or drugs as part of their rehabilitation. Compliance with this condition helps prevent relapse and supports overall recovery.
  
• Non-Association and Place Restrictions: Conditions may prohibit offenders from associating with certain individuals or visiting specific places known to be associated with criminal activity. These restrictions aim to limit the offender’s exposure to environments that could encourage further offences.
  

These additional conditions are carefully selected based on the offender’s history, the nature of the offence, and the court’s assessment of what measures are necessary to support rehabilitation and ensure community safety.

Breach of an ICO: Legal Consequences 

Types of Breaches

Breach of an ICO can be categorised into less serious and more serious breaches, each requiring different levels of response.

• Less Serious Breaches:
  
  • Missing scheduled check-ins with a community corrections officer
  • Minor violations of curfew times
  • Failure to attend mandatory rehabilitation programs
• More Serious Breaches:
  
  • Committing a new offence during the ICO period
  • Failing to comply with court-imposed additional conditions
  • Attempting to evade supervision or flee the jurisdiction

Legal Consequences of Breaches

The legal consequences of breaching an ICO depend on the severity of the breach. For less serious breaches, the response may include warnings or the imposition of additional conditions to reinforce compliance. However, serious breaches can lead to the revocation of the ICO, resulting in the offender serving the remaining portion of their sentence in full-time imprisonment.

Recent Changes in Criminal Law

Legislative Updates

The Two-Year Rule has been a pivotal legislative change, allowing courts to impose ICOs for single offences with sentences of up to two years and for multiple offences with combined sentences totalling up to three years. This adjustment provides greater flexibility in sentencing, enabling more tailored approaches to offender rehabilitation.

Policy Shifts

There has been a significant shift in sentencing practices, with courts increasingly favouring ICOs over full-time imprisonment to enhance rehabilitation and reduce recidivism. For example, in the case of Steven Rootsey, the court opted for a two-year ICO instead of imprisonment for fraud related to selling non-existent puppies, reflecting this policy trend. This shift underscores a broader commitment to community-based corrections and addressing the underlying factors contributing to criminal behaviour.

Conclusion

ICOs serve as a pivotal alternative to full-time imprisonment in NSW, providing eligible offenders the opportunity to undergo rehabilitation within the community under stringent supervision. By imposing specific conditions such as community service, curfews, and participation in rehabilitation programs, ICOs aim to reduce recidivism and enhance community safety while supporting offenders’ reintegration.

Understanding the eligibility criteria, conditions, and potential consequences of breaching an ICO is essential for both legal practitioners and defendants. Recent legislative updates have further refined the framework for ICOs, emphasising their role in addressing the underlying factors contributing to criminal behaviour. As ICOs continue to gain prominence in the sentencing landscape, staying informed about their provisions and implications ensures effective legal guidance and better outcomes for those involved.

Frequently Asked Questions