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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Compulsory care and rehabilitation of prisoners and former special patients - Assessment of prisoners and former special patients

35: Proposed care recipients may have to stay in facility

You could also call this:

"Some people might have to stay in a special place while their care is being decided."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are a prisoner and might need compulsory care, you may have to stay in a certain facility. This can happen while you are being assessed under this part of the law, or while your needs are being assessed under Part 3, or while an application for a compulsory care order is pending before the Family Court. You will be in the care of a manager or the Director of Area Mental Health Services.

If you do not get a notice to stay in the facility, and you are a prisoner being assessed, you are still in legal custody under the Corrections Act 2004, even if you are not in the prison. When you get a notice to stay in the facility, you will be in the legal custody of the care manager, not the prison manager. The care manager is the person in charge of your care, as designated under section 32(a).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225424.

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34: Timing for, and place of, assessment, or

"When and where your assessment for care will happen"

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36: Prisoners to appear in court, or

"Prisoners must go to court for trials, hearings, and sentencing, even if they need care."

Part 4Compulsory care and rehabilitation of prisoners and former special patients
Assessment of prisoners and former special patients

35Proposed care recipients may have to stay in facility

  1. The co-ordinator may notify the appropriate manager or Director of Area Mental Health Services that the prisoner or former special patient must stay in a specified facility during 1 or more of the following periods:

  2. the period while the person concerned is assessed under this subpart:
    1. the period while the needs assessment of the person concerned is conducted under Part 3:
      1. the period while an application for a compulsory care order in respect of the person concerned is pending before the Family Court.

        1. Unless notice is given under subsection (1), a prisoner who is being assessed in a facility continues to be in legal custody under the Corrections Act 2004, even though the prisoner is absent from the prison.

        2. During the period or periods specified in a notice under subsection (1), the prisoner to whom the notice relates is in the legal custody of the care manager designated for the prisoner under section 32(a) and ceases to be in the legal custody of the manager concerned.

        Compare
        Notes
        • Section 35(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 35(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 35(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 35(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).