COMMUNITY BASED CORRECTIONS ACT

Arrangement of Sections

1. Short title.

PART I

COMMISSIONER OF COMMUNITY BASED CORRECTIONS

2. Appointment of Commissioner of Community Based Corrections.

3. Deputy Commissioners and Assistant Commissioners.

4. Functions of the Commissioner.

PART II

COMMUNITY BASED CORRECTION ORDERS

5. Community based Correction orders.

6. Pre-sentence Report.

7. Consent of the offender required for community based correction order.

8. Effect of order to be explained to the offender.

9. Conditions of community based correction orders.

10. Factors to be considered in assigning unpaid community work.

11. Variation of community based correction orders.

12. Commissioner may direct offender to appear before another person or at another place.

13. Suspension of community based correction order.

14. Failure to comply with community based correction, order of an offence.

15. Effect of part payment of fine or completion of programme condition of order.

PART III

GENERAL

16. Regulations.

17. Rules.

18. Application of section 18 of Act, No. 15 of 1979.

19. Sinhala text to prevail in case of inconsistency.

20. Interpretation.

SCHEDULE

46 of 1999.

AN ACT to make provision for the imposition of Community Based Correction orders by courts in lieu of sentences of imprisonment for the appointment of a Commissioner of Community Based Corrections and for matters connected therewith or incidental thereto.

[Date of Commencement: 10th December, 1999]

1. Short title.

(1) This Act may be cited as the Community Based Corrections Act.

(2) Part I and III of this Act shall come into operation on the day on which this Act becomes an Act of Parliament.

(3) Part II of this Act shall come into operation on such date as the Minister may appoint by Order published in the Gazette. Different dates may be appointed in respect of different judicial divisions or judicial zones.

PART I

Commissioner of Community Based Corrections

2. Appointment of Commissioner of Community Based Corrections.

(1) There may be appointed, by name or by office, a Commissioner of Community Based Corrections (hereinafter referred to as "the Commissioner”) and such number of Deputy and Assistant Commissioners of Community Based Corrections and other officers as may be necessary for the implementation of the provisions of this Act.

(2) The Act of appointment of every Deputy and Assistant Commissioner of Community Based Corrections shall specify whether he is appointed as such for the whole of Sri Lanka or any part thereof.

3. Deputy Commissioners and Assistant Commissioners.

Every Deputy Commissioner of Community Based Corrections and every Assistant Commissioner of Community Based Corrections may subject in the general direction and control of the Commissioners exercise, perform or discharge, within the area for which he is appointed, all or any of the powers, duties or functions conferred or imposed on, or assigned to the commissioners by or under this Act.

4. Functions of the Commissioner.

It shall be the function of the Commissioner—

(a) in exercise control over the community corrections centres established for the purposes of this Act and over the Deputy Commissioners of Community Based Corrections, Assistant Commissioners of Community Based Corrections and other officers of the Department of Community Based Corrections;

(b) arrange with appropriate bodies, for the carrying out of community based correction orders;

(c) to provide advice to courts regarding the suitability of offenders for community based correction orders;

(d) to ascertain, identify, and advise, courts on the facilities available for carrying out community based correction orders;

(e) to provide advice concerning the most appropriate programme or special condition to be attached to a community based correction order proposed to be entered by court;

(f) to monitor, and provide surveillance and supervision of, offenders in respect of whom community based correction orders have been entered;

(g) to inform court of the failure to comply with any condition of a community based correction order with a view to instituting proceedings under section 14;

(h) to apply for variation of a community based correction order, where necessary;

(i) to provide community education regarding correctional principles, objectives and programmes.

PART II

Community Based Correction Orders

5. Community based Correction orders.

(1) Notwithstanding anything in any other law where an offender is convicted of an offence other than—

(a) an offence for which the imposition of a minimum sentence of imprisonment is mandatory; or

(b) an offence, the penalty prescribed for which includes a term of imprisonment exceeding two years.

the court may, in lieu of imposing a sentence of imprisonment or a suspended sentence of imprisonment or fine on such offender but subject to sections 6, 7 and 8. enter an order thereinafter referred to as a "community based correction order”), in the prescribed form in respect of such offender.

(2) In entering a community based correction order in respect of an offender, the court shall have regard to the nature and gravity of the offence committed by the offender and the other circumstances relating to the commission of such offence, the pre-sentence report, if any. furnished in respect of the offender and the facilities available for carrying out such order.

6. Pre-sentence Report.

(1) If a court finds a person guilty of an offence, may before passing sentence on such person and for the purpose of—

(a) determining whether community based correction order in respect of the offender;

(b) ascertaining whether there are facilities for carrying out such order;

(c) obtaining advice, as to the most appropriate conditions that should be attached to the proposed order,

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