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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Status and rights of care recipients - Status of special care recipients subject to sentences

69: Relationship between detention in secure facility and sentence

You could also call this:

"What happens to your sentence when you're in a secure facility"

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

If you are in a secure facility and you also have a sentence, this law applies to you. You might be in the secure facility because of a compulsory care order made under section 45, or because of an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

Your sentence keeps going while you are in the secure facility, or if you are on leave from it. But if you escape from the facility before your sentence is finished, the sentence stops until you are caught again.

When you are no longer liable to be detained under your sentence, you stop being a special care recipient. If you have a compulsory care order under section 45, it keeps going. If you have an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, it becomes a compulsory care order under section 45 for six months.

If you get a compulsory care order because you were under an order, it can be changed or extended like any other compulsory care order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225491.

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68: When liability to detention under sentence ceases, or

"When you can leave detention after serving a sentence"

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70: Care recipient whose status changes under section 69 to be held in secure care, or

"What happens if your care status changes and you need to move to a more secure place"

Part 5Status and rights of care recipients
Status of special care recipients subject to sentences

69Relationship between detention in secure facility and sentence

  1. This section applies to a person who is liable to detention under a sentence, and also liable to detention in a secure facility—

  2. in accordance with a compulsory care order made under section 45; or
    1. in accordance with an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

      1. The term of a sentence applicable to a person to whom this section applies—

      2. continues to run while the person is in a secure facility, or is on authorised leave from the secure facility; and
        1. ceases to run if he or she escapes from the secure facility before his or her liability to detention under the sentence ceases; and
          1. does not begin to run again until the person is retaken.

            1. The person ceases to be detained as a special care recipient on the date on which he or she ceases to be liable to be detained under any sentence and,—

            2. if on that date he or she is subject to a compulsory care order made under section 45, he or she remains subject to the compulsory care order:
              1. if on that date he or she is subject to an order under section 34(1)(a)(ii) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, then for the purposes of this Act that order becomes a compulsory care order under section 45 that must be regarded as having been made on that date in respect of that person for a term of 6 months.

                1. To avoid doubt, a compulsory care order resulting from the operation of subsection (3)(b) may be varied and extended under this Act.

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