Division 5 — Mandatory aftercare scheme
Application
50U.—(1)  This Division applies where —
(a)a remission order is made under section 50I or 50J in respect of a prisoner;
(b)the prisoner’s remission order relates to a sentence (excluding a default sentence) for an offence which is specified in the First Schedule at the time the offence was committed;
(c)the prisoner’s sentence for the offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which he was sentenced, is longer than the minimum sentence (if any) which, at the time the offence was committed, is prescribed in the First Schedule in relation to the offence;
(d)the prisoner has a relevant antecedent for the offence, if any such antecedent has been prescribed in the First Schedule in relation to the offence at the time the offence was committed; and
(e)the prisoner is not subject to an order removing him from Singapore under the Immigration Act (Cap. 133).
(2)  This Division also applies where —
(a)a remission order is made under section 50I or 50J in respect of a prisoner —
(i)who is not, on his release, subject to an order removing him from Singapore under the Immigration Act; and
(ii)whose sentence (excluding a default sentence) for any offence, aggregated with any other consecutive term of imprisonment (excluding a default sentence) to which he was sentenced, is longer than —
(A)15 years; or
(B)such other period as may be prescribed in substitution thereof at the time of the commission of the offence or, where 2 or more offences are committed, at the time of the offence earliest committed; or
(b)a remission order is made under section 50P in respect of a prisoner who is not, on his release, subject to an order removing him from Singapore under the Immigration Act.
(3)  For the avoidance of doubt, where 2 remission orders are merged under section 50M and subsection (1) or (2) applies to any one of the remission orders which are merged, this Division shall apply to the merged remission order.
[Act 1 of 2014 wef 01/07/2014]
Mandatory aftercare conditions and variations, etc.
50V.—(1)  The Commissioner may, in accordance with this section and for the purpose of facilitating a person’s rehabilitation and reintegration into society, require a person to whom this Division applies to comply with mandatory aftercare conditions.
(2)  The Commissioner may, by notice in writing, require a person to comply with all or any of the mandatory aftercare conditions specified in subsection (3) —
(a)at any time while the remission order relating to the person is in effect; and
(b)for any period not extending beyond the expiry of the remission order.
(3)  The mandatory aftercare conditions referred to in subsection (2) are as follows:
(a)the person subject to a remission order shall attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his rehabilitation and reintegration into society as the Commissioner may require, at any such time and place as the Commissioner may specify in the notice under subsection (2);
(b)the person shall present himself to provide a specimen of his urine or hair for testing at any such time and place as the Commissioner may specify in the notice under subsection (2);
(c)the person shall remain indoors at his place of residence, or at such other place as the Commissioner may specify, at any such time as the Commissioner may specify in the notice under subsection (2);
(d)the person shall allow the Superintendent and any person authorised by the Superintendent to enter his place of residence or any other place which he is required to remain at to determine his compliance with any mandatory aftercare condition or for any purpose relating to his rehabilitation;
(e)to enable the electronic monitoring of his whereabouts, the person shall —
(i)wear any electronic transmitting device issued by the Commissioner on such part of his person as the Commissioner may specify in the notice under subsection (2);
(ii)allow the Superintendent and any person authorised by the Superintendent to enter his place of residence or any other place he is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;
(iii)comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to him or installed at his place of residence or any other place he is required to remain at;
(iv)comply with all reporting requirements imposed on him; and
(v)not tamper with any electronic monitoring device issued to him or installed at his place of residence or any other place he is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his whereabouts;
(f)the person shall comply with a notice of recall served on him under section 50X; and
(g)the person shall comply with such other conditions for the purpose of facilitating his rehabilitation and reintegration into society as the Commissioner may specify in the notice under subsection (2).
(4)  The Commissioner may, at any time by notice in writing served on a particular person —
(a)vary, cancel or add to any mandatory aftercare condition specified in subsection (3);
(b)extend or reduce the period for which the person is subject to those mandatory aftercare conditions; and in the case of an extension, such extension shall not extend beyond the expiry of the remission order; or
(c)waive, in any particular case, any of the mandatory aftercare conditions specified in subsection (3).
[Act 1 of 2014 wef 01/07/2014]
Compliance not required when person detained, etc.
50W.  A person shall not be required to comply with any mandatory aftercare condition of his remission order —
(a)while he is admitted to and detained in an approved institution under the Misuse of Drugs Act (Cap. 185);
(b)while he is detained under the Criminal Law (Temporary Provisions) Act (Cap. 67);
(c)while he is imprisoned or otherwise in custody or detained under any other written law;
(d)to the extent that such condition is inconsistent with any condition of a supervision order made under the Misuse of Drugs Act in respect of the person;
(e)to the extent that such condition is inconsistent with any condition of a supervision order made under the Criminal Law (Temporary Provisions) Act in respect of the person; or
(f)in such other situations as may be prescribed.
[Act 1 of 2014 wef 01/07/2014]
Minor breaches of mandatory aftercare condition
50X.—(1)  If the Commissioner is satisfied after due inquiry that a person has committed a minor breach of a mandatory aftercare condition of his remission order, the Commissioner may do one or more of the following for the purpose of punishing the person:
(a)administer a written warning to the person;
(b)extend the period for which the person is subject to any mandatory aftercare condition, which period shall not extend beyond the expiry of the remission order;
(c)vary, cancel or add to the mandatory aftercare conditions of the person’s remission order;
(d)recall the person to prison for a specified period in accordance with this section.
(2)  Subject to the limits in subsection (4), the Commissioner may recall a person to prison by serving upon him a notice of recall in accordance with subsection (3).
(3)  The notice of recall in subsection (2) —
(a)shall be served —
(i)by delivering it personally to the person; or
(ii)by such other means as may be prescribed;
(b)may be served by a prison officer, a police officer or an auxiliary police officer; and
(c)shall —
(i)specify the prison to which the person is to report;
(ii)specify the date and time the person is required to report to the specified prison; and
(iii)specify, in days, the number of days for which the person is recalled.
(4)  The Commissioner shall not recall a person —
(a)for a period exceeding 10 days at a time;
(b)for a cumulative period of more than 30 days;
(c)after the expiry of the remission order; or
(d)for a period extending beyond the expiry of the remission order.
(5)  When the Commissioner recalls a person to prison under this section —
(a)the person shall, before he reports to prison, remain subject to the remission order;
(b)the person shall, when he reports to prison, be imprisoned for the period of recall and shall, while so imprisoned, be deemed to be serving his sentence; and
(c)the person shall, after he has served the period of recall in prison, be released and continue to be subject to his remission order to the extent that it continues to have effect.
(6)  If the person remains unlawfully at large after the time he is required to report to a prison by a notice of recall and is subsequently arrested, he shall immediately be imprisoned for a period equivalent to the period of recall.
[Act 1 of 2014 wef 01/07/2014]
Offence of serious breach of mandatory aftercare condition
50Y.—(1)  A person who commits a serious breach of a mandatory aftercare condition of his remission order shall be guilty of an offence and shall be liable on conviction to —
(a)imprisonment for a term not exceeding the remaining duration of the remission order, as determined based on the date of the offence; or
(b)imprisonment for any term or for life, if the duration of the remission order is for life.
(2)  In deciding the punishment to be imposed for an offence under subsection (1), the court shall consider —
(a)the gravity of the serious breach;
(b)the length of time for which the person did not commit any breach of a mandatory aftercare condition after being released under the remission order;
(c)whether the serious breach evidences a lack of commitment by the person to his rehabilitation and reintegration into society; and
(d)all other relevant circumstances.
(3)  If a person commits 2 or more offences under subsection (1) —
(a)the court may sentence him under subsection (1) for each of those offences; and
(b)the aggregate length of all the sentences imposed under subsection (1) shall not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence.
(4)  For the purpose of this section, any extension of the duration of a remission order after the date of commission of an offence under this section shall be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence.
(5)  Notwithstanding any provision in any written law, a term of imprisonment imposed under this section on any person shall run consecutively to all other terms of imprisonment imposed on him.
Illustration
A prisoner is released under a remission order having effect from 1st June 2013 to 31st December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15th July 2013 the remission order is extended for 7 days (i.e. to 7th January 2014) under section 50N(1). On 1st August 2013 the prisoner commits a first offence under section 50Y(1). On 30th September 2013, the remission order is extended for a further 10 days (i.e. to 17th January 2014) under section 50N(1). On 21st October 2013 the prisoner commits a second offence under section 50Y(1). The prisoner’s sentence for the first offence cannot exceed the length of the period from 1st August 2013 to 7th January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21st October 2013 to 17th January 2014. The total sentence for both offences cannot exceed the length of the period from 1st August 2013 to 7th January 2014.
[Act 1 of 2014 wef 01/07/2014]
Powers of arrest, etc.
50Z.—(1)  The offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1) shall be an arrestable and bailable offence for the purposes of the Criminal Procedure Code (Cap. 68).
(2)  A prison officer may exercise all the powers which a police officer of equivalent rank may exercise under the Criminal Procedure Code in respect of an offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1).
(3)  For the avoidance of doubt, where the Commissioner recalls a prisoner to prison under section 50X, the prisoner shall not be admitted to bail.
[Act 1 of 2014 wef 01/07/2014]