Community Based Corrections Act 1999 · As enacted · Part II · Community Based Correction Orders
9. Conditions of community based correction orders
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Every community based correction order shall be in the prescribed form and shall contain the following conditions-
that the offender shall not commit, during the period of the order, another offence punishable on conviction with imprisonment;
that the offender reports to a specified community corrections centre within seventy two hours of the date of the order;
that the offender reports to, and receives visits from, an officer of the Community Based
Corrections Department on such dates as may be specified by the officer in charge of that community corrections centre;
that the offender notifies the officer in charge of the community corrections centre specified in the order at least seven days before such change, of any change of address, employment or occupation;
that the offender does not leave a specified area except with the permission of the officer in charge of the community corrections centre specified in the order, being permission granted either generally or in relation to a particular case;
that the offender obeys all lawful rules, instructions and directions issued by officers appointed under section 2.
The court may, for the purposes of -
enabling any personal factors which contributed to the offender’s criminal behaviour to be assessed;
providing an opportunity for the offender to recognize, to take steps to control, and if necessary, to receive treatment for, those factors; and
enabling an offender with needs in areas directly related to his or her criminal behaviour, to participate in programmes designed to address those needs, attach one or more of the following conditions to a community based correction order:-
that the offender performs unpaid community work as directed by the officer in charge of the community corrections centre specified in the order for the period determined by court;
that the offender be under the supervision of an officer of the community Based Corrections
Department designated by the Commissioner;
that the offender attends educational, vocational, personal training or development programmes determined by court and as directed by the
Commissioner; an offender with high needs in areas directly related to his or her criminal behaviour may be required to participate in programmes which will address those needs;
that the offender undergoes assessment and treatment for alcohol or drug addiction or submits to medical, psychological or psychiatric assessment and treatment as directed by court;
that the offender submits to testing for alcohol or drug use as directed by the officer in charge of the community corrections centre specified in the order;
any other condition that the court considers necessary or desirable, having regard to the purposes for which the order is being entered.
In determining for the purposes of a community based correction order, the period for which the offender in respect of whom the order has been entered shall perform unpaid community work, the court shall have regard to the provisions of the Schedule to this Act, so however, that where the term of imprisonment or the fine for which the offender is liable for the offence in respect of which the order is entered does not exceed the term or amount specified in Column I of that Schedule, the period of unpaid community work shall, as far as practicable, be equal to the period specified in the corresponding entry in Column II of that Schedule.
An offender directed to perform unpaid community work under a community based correction order shall, in any period of seven days, perform unpaid community work for not less than ten hours and not more than twenty-four hours;
Provided that the Commissioner may, on a request made to him in writing by an offender, allow that offender to work for upto forty hours in any period of seven days.
If the Commissioner is satisfied that an offender is ill or that there are other exceptional circumstances he may notwithstanding anything in subsection (4), permit the offender to perform less than ten hours of unpaid community work in a period of seven days;
Provided however that permission given under this subsection shall be deemed not to affect the duty of the offender to perform unpaid community work for the number of hours specified in the community based correction order entered in respect of the offender.
If a court makes separate community based correction orders in respect of two or more offences committed by an offender, the conditions of those orders shall be concurrent, unless the court otherwise directs.
The conditions of a community based correction order made in respect of an offender shall, unless the court therwise directs, be concurrent with those of any other community based corrections order in force in respect of that offender.
A court shall not give a direction that would result in the total number of hours of unpaid community work yet to be performed by an offneder under a Community based correction order, exceeding five hundred hours.
Part III