This provision, as we read it, is related to a dangerous offender application, which could be brought while they are serving their sentence, so it would necessarily be a new charge. It's not characterized as a new charge or failure to comply with the treatment. It's extending the length of time that the dangerous offender application could be brought. Similar concerns are raised about a person not knowing what they face.
On November 20th, 2007. See this statement in context.