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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

71: Former care recipients subject to sentence to be taken to prison

You could also call this:

"What happens if you have to go to prison after leaving care"

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

If you stop being a care recipient but still have to serve a sentence, you must either go to a prison to finish your sentence or be dealt with in another way as if you were never a care recipient. You will be taken to a prison or dealt with according to the law. The person in charge must tell the Department of Corrections about you.

When the person in charge tells the Department of Corrections, they must arrange for you to be taken to a prison within 7 days. The Department of Corrections will make sure you get to a prison.

For this situation, a prison can also mean a special residence that is approved under section 34A of the Corrections Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225493.

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72: Co-ordinator to report to Family Court on appropriateness of order and plan, or

"The co-ordinator checks if a care plan is still right for someone with an intellectual disability and reports back to the Family Court."

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

71Former care recipients subject to sentence to be taken to prison

  1. When a person ceases to be a care recipient but does not cease to be liable to detention under a sentence, the person must—

  2. be taken to a prison to undergo the remainder of the sentence; or
    1. be otherwise dealt with according to law as if the person had never been a care recipient.

      1. The co-ordinator must notify the Chief Executive of the Department of Corrections about a person to whom subsection (1) applies, and the chief executive must arrange for the person to be taken to a prison within 7 days after the date of the notification.

      2. For the purposes of this section, prison includes a residence for the time being approved under section 34A of the Corrections Act 2004.

      Compare
      Notes
      • Section 71(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).