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The Canberra Times
The Canberra Times
Jasper Lindell

Eligibility to expand for court's alcohol, drug rehab program

Acting Justice Richard Refshauge, left, and Attorney-General Shane Rattenbury, pictured at the ACT Supreme Court in December 2021. Picture by Sitthixay Ditthavong

More offenders in the ACT will be able to avoid time behind bars by completing drug and alcohol treatment orders under a planned expansion of the program's eligibility.

Eligibility for the ACT Supreme Court's drug and alcohol sentencing list will be widened, which suspends jail sentences in favour of treatment orders for offenders with serious drug and alcohol problems.

Attorney-General Shane Rattenbury, who introduced a bill to expand the program and amend the eligibility on Wednesday, said the program recognised addiction was a health issue and was designed to address underlying causes of alcohol- and drug-related crime with rehabilitation support.

"It helps offenders get their lives back on track, reducing crime and improving community safety," Mr Rattenbury said.

"The Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2023 will allow more offenders with serious drug and alcohol problems to be diverted from custody and receive rehabilitative treatment and will improve the operation and administration of the court."

The new law would allow people who face multiple shorter sentences to access drug and alcohol treatment orders as long as the cumulative total of their sentences is between one and four years in prison.

"The drug and alcohol court supports the government's commitment to reduce recidivism and build alternative ways to break the cycles of addiction, disadvantage and reoffending that can lead to crime, building safer and more connected communities," Mr Rattenbury said.

"So far, 18 people have graduated from the drug and alcohol court after successfully completing all stages of the program."

The 2023-24 ACT budget included $8.4 million in extra funding to expand the sentencing list to 42 participants, up from 35.

ACT Supreme Court judges were given the power in late 2019 to suspend jail sentences and impose drug and alcohol treatment orders for certain offenders with addiction issues.

Acting Justice Richard Refshauge presides over the list and has previously said he was firmly supportive of the process.

Certain offences - such as homicide and sexual assault - render an offender ineligible, with residential rehabilitation a common requirement.

The court program pays for itself and saves the justice system money, an independent review conducted by six academics found last year.

"An independent evaluation of the program by the Australian National University found that it has reduced reoffending, improved the social and health outcomes of participants, and may have saved the community $14 million in avoided prison time, by diverting offenders towards treatment and away from prison," the government said in a statement.

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