PART 6
HOME DETENTION SCHEME
Interpretation of this Part
51.  In this Part —
[Deleted by Act 6 of 2022 wef 02/09/2022]
[Deleted by Act 6 of 2022 wef 02/09/2022]
“Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner had been released for home detention.
[1/2014]
Order for home detention
52.  Subject to section 53, the Commissioner may, for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, by order release a prisoner who is eligible for home detention for a period not exceeding 12 months or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof.
[1/2014]
Eligibility for home detention
53.—(1)  A prisoner is eligible to be released for home detention under section 52 if —
(a)the prisoner is serving a sentence of imprisonment for a term of not less than 4 weeks or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof;
(b)the prisoner has served not less than 14 days of his or her sentence of imprisonment or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof; and
(c)the prisoner is not a prisoner specified under the Second Schedule as being disqualified from being released for home detention under section 52.
[33/2004; 1/2014]
(2)  The disqualification of a prisoner under subsection (1)(c) may be removed by the Minister if the Minister considers that the prisoner is deserving of home detention, having regard to the circumstances of the case, including the following factors:
(a)the prisoner’s progress and response to rehabilitation in prison;
(b)the prisoner’s family support;
(c)the risk of recidivism by the prisoner.
[33/2004]
(3)  For the purpose of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature is treated as one sentence.
Conditions for home detention
54.—(1)  A prisoner subject to a home detention order must —
(a)attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his or her rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify;
(b)report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify;
(c)remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify;
(d)allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place the prisoner is required to remain at, to determine his or her compliance with any condition of the home detention order or for any purpose relating to his or her rehabilitation;
(da)not consume any controlled drug or alcoholic beverage, or use or inhale any intoxicating substance;
[Act 6 of 2022 wef 02/09/2022]
(db)not have in the prisoner’s possession any controlled drug;
[Act 6 of 2022 wef 02/09/2022]
(e)to enable the electronic monitoring of the prisoner’s whereabouts —
(i)wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify;
(ii)allow the Superintendent and any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place he or she 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 the prisoner or installed at his or her place of residence or any other place he or she is required to remain at;
(iv)comply with all reporting requirements imposed on him or her; and
(v)not tamper with any electronic monitoring device issued to the prisoner or installed at the prisoner’s place of residence, or any other place the prisoner is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and
(f)comply with such other conditions as the Commissioner may specify in the order.
[1/2014]
(2)  The Commissioner may at any time by written order served on the prisoner subject to a home detention order —
(a)vary, cancel or add to any of the conditions specified in subsection (1); or
(b)exempt the prisoner from any of the conditions specified in subsection (1).
[1/2014]
(3)  The order mentioned in subsection (2) must be served —
(a)by delivering it personally to the prisoner; or
(b)by any other means that may be prescribed.
[Act 6 of 2022 wef 02/09/2022]
Effect of home detention order
55.  Where a home detention order is in force in respect of a prisoner —
(a)the prisoner is deemed to be serving his or her sentence of imprisonment;
(b)the prisoner is deemed to be in the lawful custody of the Superintendent; and
(c)the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.
Recall to prison
56.—(1)  If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of the home detention order, or has committed any offence while being subject to a home detention order, the Superintendent may —
(a)make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the home detention order or committed any offence while being subject to the order; and
[Act 6 of 2022 wef 02/09/2022]
(b)recall the prisoner to prison pending the completion of the inquiry.
[Act 6 of 2022 wef 02/09/2022]
(2)  The period of the home detention order of a prisoner who is recalled to prison under subsection (1)(b) continues to run, despite the fact that the prisoner is recalled to prison, unless the order is revoked under section 57 or suspended under section 58.
Revocation of home detention order
57.—(1)  If the Commissioner is satisfied after due inquiry that —
(a)a prisoner failed to return to prison after he or she was recalled to prison under section 56(1)(b);
(b)a prisoner failed to comply with any of the conditions of the home detention order;
(c)a prisoner committed any offence while being subject to a home detention order;
[Act 6 of 2022 wef 02/09/2022]
(d)the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or at such other place or places at which the prisoner is required to remain within doors under the conditions of the home detention order; or
(e)it is necessary in the public interest to do so,
the Commissioner may revoke the home detention order in respect of that prisoner and recall the prisoner to prison, and the prisoner is, if at large, deemed to be unlawfully at large.
[1/2014]
(2)  Upon the revocation of the home detention order under subsection (1), the prisoner is to serve the unexpired part of his or her sentence of imprisonment in prison.
Suspension of home detention order
58.  Where a prisoner subject to a home detention order is punished with any punishment under section 70(1)(a) or (b) (or both) or 71(1)(b) or (c) (or both), the prisoner’s home detention order may, unless revoked under section 57, be suspended for any of the following periods, starting on the date on which the prisoner is punished:
(a)the period that the prisoner is confined in a punishment cell pursuant to an order under section 70(1)(a) or 71(1)(b);
(b)the period of remission which is forfeited pursuant to an order under section 70(1)(b) or 71(1)(c);
(c)the sum of the period for which the prisoner is ordered to undergo confinement under section 70(1)(a) or 71(1)(b) and the period of remission forfeited under section 70(1)(b) or 71(1)(c).
[Act 6 of 2022 wef 02/09/2022]
Powers to enter and search
59.  A police officer of or above the rank of Assistant Superintendent of Police or a police officer authorised by him or her may —
(a)enter and search a place without a warrant to effect the arrest of any prisoner who has failed to return to prison after —
(i)the prisoner is recalled by the Superintendent under section 56(1)(b); or
(ii)the Commissioner revokes the home detention order under section 57(1); and
(b)in order to effect an entrance into that place, break open any outer or inner door or window of that place if he or she cannot otherwise obtain admittance to that place.
[1/2014]