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An ICO is an alternative to a full-time prison sentence. This type of order can be given by a court to a person over the age of 18 years. Not all offences are eligible for an ICO sentence.
Every ICO has supervision as a mandatory requirement of the order and must have one other component such as community work, electronic monitoring or intervention.
No. Only a court can sentence a person to an ICO.
Community Corrections Officers are responsible for supervising all offenders in NSW.
Breaches of ICO can be dealt with by both Community Corrections and Parole Authority.
If breaches of ICOs are reported to the Parole Authority, possible actions can be:
(a) record the breach and take no further action,
(b) give a formal warning,
(c) impose more conditions
(d) change conditions
(e) make an order to revoke the ICO (a warrant will be issued for your arrest and you will be taken to a correctional centre).
If the Parole Authority revokes your ICO, a warrant is sent to NSW Police for your arrest and entry to a correctional centre.
A review of the decision to revoke your ICO is done at a public hearing but only after you have spent approximately 4 weeks in a correctional centre.
Within two weeks of entering custody, you will be given all the documents the Parole Authority used in deciding to revoke the ICO.
You will also be provided with a document that has your review hearing date listed and asks whether you would like to appear at the review hearing by AVL; you would like a legal representative (either Prisoners Legal Service or your own private solicitor) and if you need an interpreter.
This document is then returned to the Parole Authority so your legal representative can be given the papers and speak to you before your hearing.
No. If you are arrested on an ICO warrant you cannot get bail.
You or your legal representative can make an application to have your ICO reinstated.
An application for rescission needs to convince the Parole Authority panel that return to custody was not the most appropriate outcome for breaching the ICO.
An application for reinstatement of the ICO allows you to return to the community on a newly made ICO.
If the Parole Authority panel would like you to complete work or home detention as part of this new ICO the matter is stood over for Community Corrections to carry out an assessment.
You will remain in custody during this assessment.
No and you need to discuss this with your Community Corrections Officer.
Community Corrections is responsible for deciding whether you can travel interstate while on an ICO. This is not a decision for the Parole Authority.
All requests for overseas travel need to be made in discussion with your Community Corrections Officer. Your request will then be forwarded to the Parole Authority for a decision. You should not buy any travel tickets until you have received approval.
The Parole Authority can issue a warrant for your arrest.
All requests for changes to your ICO conditions need to be made in discussion with your Community Corrections Officer. Your request will then be forwarded to the Parole Authority for a decision.
21 Jul 2022
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.