PART IV | TREATMENT AND REHABILITATION |
| Supervision, treatment and rehabilitation of drug addicts |
| 34.—(1) The Director may require any person whom he reasonably suspects to be a drug addict to be medically examined or observed by a Government medical officer or a medical practitioner. [38/89] (2) If, as a result of such medical examination or observation under subsection (1) or both the urine tests conducted under section 31(4)(b), it appears to the Director that it is necessary for any person examined or observed, or who supplied the urine specimen for the urine tests —| (a) | to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau for a period not exceeding 2 years; or | | (b) | to undergo treatment or rehabilitation or both at an approved institution, the Director may make an order in writing requiring that person to be admitted for that purpose to an approved institution. [38/89] |
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| (2A) If, as a result of any hair test conducted under section 31A on specimens of hair, it appears to the Director that it is necessary for any person who supplied his specimens of hair to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau for a period not exceeding 2 years. [Act 30 of 2012 wef 01/05/2013] |
| (3) Every person who is admitted to an approved institution under this section shall be detained in the institution for a period of 6 months unless he is discharged earlier by the Director or the Review Committee of the institution. [12/77] |
| (3A) Where a person who is admitted to an approved institution under this section is transferred from that approved institution to one or more other approved institutions or to one or more community rehabilitation centres, the combined period of his detention in all the approved institutions and community rehabilitation centres shall not be less than 6 months unless he is discharged earlier by the Director or the Review Committee of the approved institution or community rehabilitation centre. [Act 30 of 2012 wef 28/04/2014] |
| (4) If the Review Committee of an approved institution or a community rehabilitation centre is of the opinion that an inmate of that institution or centre whose period of detention therein is about to expire requires further treatment or rehabilitation or both, the Committee may, by order in writing, direct that the inmate be detained in the institution or centre for a further period or periods not exceeding 6 months at any one time. [Act 30 of 2012 wef 28/04/2014] |
| (4A) The Director may, under such circumstances as may be prescribed, extend the period for which a person is subject to supervision under subsection (2)(a) or (2A) for a period not exceeding 2 years. [2/2006] [Act 30 of 2012 wef 01/05/2013] |
| (5) No person in respect of whom an order has been made under subsection (2)(b) shall be detained in an approved institution or institutions or a community rehabilitation centre or centres for a period of more than 3 years after his admission to any approved institution pursuant to that order. [Act 30 of 2012 wef 28/04/2014] [12/77; 28/79; 2/2006] |
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| Approved institutions and community rehabilitation centres |
| 35. The Minister may, from time to time, by notification in the Gazette, declare any institution or place to be an approved institution or a community rehabilitation centre for the purpose of the treatment and rehabilitation of drug addicts and other persons under this Act, and may at any time in like manner revoke or amend any such notification. [Act 30 of 2012 wef 28/04/2014] |
| Administration of approved institutions |
36.—(1) Subject to the directions of the Minister, the general charge and administration of —| (a) | approved institutions, except those designated under paragraph (b), shall be under the Commissioner of Prisons; and [Act 1 of 2014 wef 01/07/2014] | | (b) | such approved institutions as the Minister may designate, shall be under such person as the Minister may appoint. [20/98] |
| (2) The Commissioner of Prisons or the person appointed under subsection (1)(b), as the case may be, may appoint a person to be the superintendent of an approved institution and such person shall be responsible for the supervision and administration of that approved institution. [20/98] [Act 1 of 2014 wef 01/07/2014] |
| (3) Subject to such modifications as may be made by the Commissioner of Prisons, the standing orders issued under the Prisons Act (Cap. 247) shall apply to an approved institution under the charge of the Commissioner of Prisons as they apply to a prison. [20/98] [Act 1 of 2014 wef 01/07/2014] |
| (4) The person appointed under subsection (1)(b) may in writing issue orders, to be called standing orders, for the approved institutions designated under his charge. [20/98] |
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| Administration of community rehabilitation centres |
| 36A.—(1) Subject to the directions of the Minister, the general charge and administration of a community rehabilitation centre shall be under the Director of Prisons. [Act 30 of 2012 wef 28/04/2014] | (2) The Director of Prisons may appoint a person to be the manager of the community rehabilitation centre and such person shall be responsible for the supervision and administration of that community rehabilitation centre. [Act 30 of 2012 wef 28/04/2014] |
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| Review Committees for approved institutions and community rehabilitation centres |
| 37.—(1) The Minister shall appoint for any approved institution or institutions, or any community rehabilitation centre or centres, a Review Committee which shall have such functions as are conferred upon it by this Act. [Act 30 of 2012 wef 28/04/2014] [12/77] | (2) Every Review Committee shall consist of a Chairman, who shall be a person registered under the Medical Registration Act (Cap. 174), and such other members, not being less than 3, as the Minister may determine. [12/77; 38/89] |
(3) The Chairman and members of a Review Committee shall be appointed by the Minister for a term not exceeding 3 years, but may —| (a) | from time to time be reappointed; | | (b) | at any time be removed from office by the Minister; or | | (c) | at any time resign from their office in writing addressed to the Minister. [12/77] |
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| (4) At any meeting of the Review Committee, 3 members of the Committee shall constitute a quorum. [12/77] |
| (5) The Chairman shall preside at every meeting of the Review Committee at which he is present and in his absence the members present shall elect one of their number to preside at the meeting. [12/77] |
| (6) Every question before the Review Committee shall be determined by a majority of the votes of the members present and voting thereon, and in the event of an equality of votes the Chairman or the member presiding at the meeting shall have a casting vote in addition to his original vote. [12/77] |
| (7) Subject to the provisions of this Act, the Review Committee may determine its own procedure. [12/77] |
| (8) Any order of the Review Committee may be signed by the Chairman or a member of the Committee. [Act 30 of 2012 wef 28/04/2014] [12/77] |
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| Review, discharge and transfer of inmates |
| 38.—(1) The Review Committee of an approved institution or a community rehabilitation centre shall keep the case of every inmate under review and shall, as often as practicable, consider whether he should be discharged. [Act 30 of 2012 wef 28/04/2014] (2) The Director or the Review Committee of an approved institution or a community rehabilitation centre may at any time by order in writing —| (a) | discharge any inmate; or | | (b) | transfer any inmate from one approved institution or community rehabilitation centre to another approved institution or community rehabilitation centre. [Act 30 of 2012 wef 28/04/2014] |
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| (3) The Superintendent of an approved institution or the manager of a community rehabilitation centre may enter into an arrangement with the Superintendent of another approved institution or the manager of another community rehabilitation centre for the transfer of any inmate to that other institution or community rehabilitation centre and may, subject to any direction given by the Director or the Review Committee, carry out any transfer in accordance with that arrangement. [Act 30 of 2012 wef 28/04/2014] |
| (4) On proof to his satisfaction that the presence at any place of an inmate is required in the interests of justice, or for the purpose of any inquiry, or in the public interest or in the interest of the inmate, the Superintendent of an approved institution or the manager of a community rehabilitation centre may order that the inmate be taken to that place. [Act 30 of 2012 wef 28/04/2014] |
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| Power of Magistrate to inquire into complaint of misconduct or breach of duty |
39.—(1) Where a complaint is made on oath to a Magistrate that any person is improperly detained in an approved institution or a community rehabilitation centre by reason of any misconduct or breach of duty on the part of any officer in the discharge of his functions pursuant to this Act, the Magistrate may —| (a) | inquire into the complaint himself; or | | (b) | direct a police officer to make an inquiry for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of the inquiry. [Act 30 of 2012 wef 28/04/2014] [12/77] |
| (2) Every inquiry under subsection (1) shall be conducted in private, except that the procedure for conducting any inquiry shall be such as the Magistrate considers appropriate in the circumstances of the case. [12/77] |
| (3) A Magistrate or a police officer conducting any inquiry under subsection (1) shall have all the powers conferred on him by the Criminal Procedure Code (Cap. 68) in relation to the attendance and examination of witnesses, the taking of evidence and the production of documents. [12/77] |
| (4) If, after considering the result of any such inquiry, the Magistrate is satisfied that any person who is detained in an approved institution or a community rehabilitation centre ought not to be so detained, the Magistrate may make an order for the discharge of that person from the approved institution or community rehabilitation centre and that person shall be discharged accordingly. [Act 30 of 2012 wef 28/04/2014] |
| (5) Any order or decision of the Magistrate made under this section shall be final. [12/77] |
| (6) No evidence taken for the purpose of any such inquiry shall be admissible in any civil or criminal proceedings, except where the person who gave that evidence is charged with giving or fabricating false evidence. [12/77] |
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| Inmates deemed to be in legal custody |
| 40.—(1) Every inmate shall be deemed to be in the legal custody of the approved institution or community rehabilitation centre in which he is for the time being detained. [Act 30 of 2012 wef 28/04/2014] (2) An inmate shall be deemed to be in legal custody —| (a) | while he is confined in, or is being taken to or from, an approved institution or a community rehabilitation centre; | | (b) | while he is for any other reason outside an approved institution or a community rehabilitation centre and in the custody or under the control of an officer of the approved institution or community rehabilitation centre; or | | (c) | while he is being taken to any place to which he is required or authorised under this Act to be taken, or is kept in custody in pursuance of any such requirement or authorisation. [Act 30 of 2012 wef 28/04/2014] |
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