Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

3
3.107 The Secretary to the Department of Human Services has custody of and responsibility
for people detained under a supervision order in a residential treatment facility or
residential institution. 91 Of the 26 people on supervision orders as at end of June 2012,
two were on custodial supervision orders accommodated at the Long Term Rehabilitation
Program. 92 The Forensic Leave Panel also reported that in the calendar year of 2011,
there were two forensic residents within the disability stream detained under a custodial
supervision order. 93
3.108 The Secretary to the Department of Human Services also has responsibility for supervising
people with an intellectual disability or cognitive impairment subject to a non-custodial
supervision order. Case management is delivered across the state by the Department of
Human Services. As at end of June 2012, there 24 people on a non-custodial supervision
order under the CMIA receiving disability services from the Department of Human
Services. 94
3.109 The conditions, such as intellectual disability and acquired brain injury that underlie
cognitive impairments are different in terms of their causes and their impact on levels
of functioning. They are generally permanent in nature. Therefore, a person with an
intellectual disability or cognitive impairment, may experience an increase in functioning,
but will not ‘recover’ from that condition in the same way as a person with a mental illness.
How long does the CMIA supervision process last
3.110 The supervision process can be very onerous and last for a significant period. It involves
continual assessment and review of the person’s progress under the order.
3.111 The length of time that people are ultimately detained can vary. Some research conducted
on this in 2006 showed that under the CMIA, detention has ranged from three months
to 36 years (with some people continuing in detention). The average length of detention
was just over eight years and the median length of detention was almost four years.
3.112 Once a person has moved from a custodial supervision order with increasing leave to
a non-custodial supervision order, they may eventually be released from the order and
no longer be subject to supervision. Some people will be detained or under supervision
for the rest of their lives. The court considers a range of factors in making this decision
including the nature of their mental condition, their ability to recover and progress
through the system, the extent to which they pose a risk to themselves or other people in
the community and reports from victims in the case and the person’s family members.
91 Crimes (Mental Impairment and Unfitness to be Tried Act) 1997 (Vic) s 26(9).
92 Data provided to the Commission by the Department of Human Services.
93 Forensic Leave Panel, above n 87, 11. A ‘forensic resident’ is a person who is detained by a supervision order in a ‘residential treatment facility’
or ‘residential institution’ under the Disability Act 2006 (Vic).
94 Data provided to the Commission by the Department of Human Services.
49