s. 80 Division 6—Special conditions for intellectually disabled offenders 80 Special condition of justice plans (1) If a court finds a person guilty of an offence and is considering— * * * * * S. 80(1)(a) repealed by No. 48/1997 s. 14(8). (b) making a community-based order in respect of the person; or (ba) making a residential treatment order; or S. 80(1)(ba) inserted by No. 23/2006 s. 227(1). (c) under Subdivision (2) or (3) of Division 5 releasing the offender on an adjournment, with or without recording a conviction— it may request— (d) a statement from the Secretary to the S. 80(1)(d) substituted by Department of Human Services that the No. 23/2006 person has an intellectual disability within s. 227(2). the meaning of the Disability Act 2006; and (e) a plan of available services; and S. 80(1)(e) substituted by No. 23/2006 s. 227(2). (f) a pre-sentence report prepared in accordance with Division 2 of Part 6. (2) If the court receives the statement, plan and report S. 80(2) amended by referred to in subsection (1) and, after having No. 48/1997 considered them, the court decides to— s. 28(1), substituted by No. 23/2006 (a) impose a sentence referred to in subsection s. 227(3). (1)(b) or (1)(c), the court may impose a special condition that the offender participate
Division 6—Special conditions for intellectually disabled offenders 80 Special condition of justice plans s. 80 (1) If a court finds a person guilty of an offence and is considering— S. 80(1)(a) repealed by No. 48/1997 s. 14(8). * * * * * (b) making a community-based order in respect of the person; or S. 80(1)(ba) inserted by No. 23/2006 s. 227(1). (ba) making a residential treatment order; or (c) under Subdivision (2) or (3) of Division 5 releasing the offender on an adjournment, with or without recording a conviction— it may request— S. 80(1)(d) substituted by No. 23/2006 s. 227(2). (d) a statement from the Secretary to the Department of Human Services that the person has an intellectual disability within the meaning of the Disability Act 2006; and S. 80(1)(e) substituted by No. 23/2006 s. 227(2). (e) a plan of available services; and (f) a pre-sentence report prepared in accordance with Division 2 of Part 6. S. 80(2) amended by No. 48/1997 s. 28(1), substituted by No. 23/2006 s. 227(3). (2) If the court receives the statement, plan and report referred to in subsection (1) and, after having considered them, the court decides to— (a) impose a sentence referred to in subsection (1)(b) or (1)(c), the court may impose a special condition that the offender participate
91-49a121.docx