PART IV
TREATMENT AND REHABILITATION
Supervision, treatment and rehabilitation of drug addicts
34.—(1)  The Director may order any person whom the Director reasonably suspects to be a drug addict to be committed, for a period not exceeding 7 days, to any place specified by the Director for the purpose of any medical examination or observation.
[38/89]
[Act 1 of 2019 wef 01/08/2019]
(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) or the hair test conducted under section 31A, 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, or who supplied the hair specimens for the hair test —
(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 5 years; or
[Act 1 of 2019 wef 01/08/2019]
(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]
[Act 1 of 2019 wef 01/08/2019]
(2A)  [Deleted by Act 1 of 2019 wef 01/08/2019]
(3)  Every person who is admitted to an approved institution under this section shall be detained in the institution for a period of 12 months unless he is discharged earlier by the Director or the Review Committee of the institution.
[12/77]
[Act 1 of 2019 wef 01/08/2019]
(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 12 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]
[Act 1 of 2019 wef 01/08/2019]
(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 12 months at any one time.
[Act 30 of 2012 wef 28/04/2014]
[Act 1 of 2019 wef 01/08/2019]
(4A)  [Deleted by Act 1 of 2019 wef 01/08/2019]
(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 4 years after his admission to any approved institution pursuant to that order.
[Act 1 of 2019 wef 01/08/2019]
[Act 30 of 2012 wef 28/04/2014]
[12/77; 28/79; 2/2006]
Parents or guardians to attend counselling with supervisees
34A.—(1)  If the Director, on or after the date of commencement of section 19 of the Misuse of Drugs (Amendment) Act 2019, makes a supervision order under section 34(2)(a) against a supervisee who is below 21 years of age, the Director may require the parent or guardian of the supervisee to attend any counselling session (whether or not together with the supervisee) at such place and time as the Director, or any person authorised by the Director, determines.
(2)  Any parent or guardian of a supervisee who fails, without reasonable excuse, to comply with the requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(3)  A court may, in lieu of imposing a fine, order a parent or guardian of a supervisee to attend any counselling session at such place and time as the Director, or any person authorised by the Director, determines.
[Act 1 of 2019 wef 01/08/2019]
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]
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]
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]
(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]
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]
(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]
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]
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]