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 or she 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 or her from Singapore under the Immigration Act 1959.
[1/2014]
(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 the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959; 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 the prisoner was sentenced, is longer than —
(A)15 years; or
(B)any other period that 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 the prisoner’s release, subject to an order removing him or her from Singapore under the Immigration Act 1959.
[1/2014]
(3)  To avoid 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 applies to the merged remission order.
[1/2014]
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.
[1/2014]
(2)  The Commissioner may, by written notice, 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.
[1/2014]
(3)  The mandatory aftercare conditions mentioned in subsection (2) are as follows:
(a)the person subject to a remission order must attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating the person’s rehabilitation and reintegration into society as the Commissioner may require, at any time and place that the Commissioner may specify in the notice under subsection (2);
(b)the person must report to provide a specimen of his or her urine or hair for testing at any time and place that the Commissioner may specify in the notice under subsection (2);
(c)the person must remain indoors at the person’s place of residence, or at any other place that the Commissioner may specify, at any time that the Commissioner may specify in the notice under subsection (2);
(d)the person must allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place which the person is required to remain at to determine his or her compliance with any mandatory aftercare condition or for any purpose relating to his or her rehabilitation;
(e)to enable the electronic monitoring of the person’s whereabouts, the person must —
(i)wear any electronic transmitting device issued by the Commissioner on any part of his or her person that the Commissioner may specify in the notice under subsection (2);
(ii)allow the Superintendent and any person authorised by the Superintendent to enter the person’s place of residence or any other place the person 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 person or installed at the person’s 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 person or installed at the person’s place of residence or any other place he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of the person’s whereabouts;
(f)the person must comply with a notice of recall served on him or her under section 50X; and
(g)the person must comply with any other conditions for the purpose of facilitating his or her rehabilitation and reintegration into society that the Commissioner may specify in the notice under subsection (2).
[1/2014]
(4)  The Commissioner may, at any time by written notice 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, the extension must 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).
(5)  The notice mentioned in subsection (4) must be served —
(a)by delivering it personally to the person; or
(b)by any other means that may be prescribed.
[1/2014]
[Act 6 of 2022 wef 02/09/2022]
Compliance not required when person detained, etc.
50W.  A person is not required to comply with any mandatory aftercare condition of the person’s remission order —
(a)while he or she is admitted to and detained in an approved institution under the Misuse of Drugs Act 1973;
(b)while he or she is detained under the Criminal Law (Temporary Provisions) Act 1955;
(c)while he or she 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 1973 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 1955 in respect of the person; or
(f)in any other situations that may be prescribed.
[1/2014]
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 the person’s 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, except that the period must 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.
[1/2014]
(2)  Subject to the limits in subsection (4), the Commissioner may recall a person to prison by serving upon him or her a notice of recall in accordance with subsection (3).
[1/2014]
(3)  The notice of recall in subsection (2) —
(a)must be served —
(i)by delivering it personally to the person; or
(ii)by any other means that may be prescribed;
(b)may be served by a prison officer, a police officer or an auxiliary police officer; and
(c)must —
(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.
[1/2014]
(4)  The Commissioner must 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.
[1/2014]
(5)  When the Commissioner recalls a person to prison under this section —
(a)the person must, before he or she reports to prison, remain subject to the remission order;
(b)the person must, when he or she reports to prison, be imprisoned for the period of recall and is, while so imprisoned, deemed to be serving his or her sentence; and
(c)the person must, after he or she has served the period of recall in prison, be released and continue to be subject to his or her remission order to the extent that it continues to have effect.
[1/2014]
(6)  If the person remains unlawfully at large after the time he or she is required to report to a prison by a notice of recall and is subsequently arrested, he or she must immediately be imprisoned for a period equivalent to the period of recall.
[1/2014]
Offence of serious breach of mandatory aftercare condition
50Y.—(1)  A person who commits a serious breach of a mandatory aftercare condition of his or her 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.
[1/2014]
(2)  In deciding the punishment to be imposed for an offence under subsection (1), the court is to 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 or her rehabilitation and reintegration into society; and
(d)all other relevant circumstances.
[1/2014]
(3)  If a person commits 2 or more offences under subsection (1) —
(a)the court may sentence the person under subsection (1) for each of those offences; and
(b)the aggregate length of all the sentences imposed under subsection (1) must not exceed the remaining duration of the remission order, as determined based on the date of commission of the first offence.
[1/2014]
(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 is to be disregarded in determining the remaining duration of a person’s remission order based on the date of commission of the offence.
[1/2014]
(5)  Despite any provision in any written law, a term of imprisonment imposed under this section on any person runs consecutively to all other terms of imprisonment imposed on the person.
Illustration
     A prisoner is released under a remission order having effect from 1 June 2013 to 31 December 2013. The remission order is subject to mandatory aftercare conditions for its whole duration. On 15 July 2013 the remission order is extended for 7 days (i.e. to 7 January 2014) under section 50N(1). On 1 August 2013 the prisoner commits a first offence under section 50Y(1). On 30 September 2013, the remission order is extended for a further 10 days (i.e. to 17 January 2014) under section 50N(1). On 21 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 1 August 2013 to 7 January 2014. The prisoner’s sentence for the second offence cannot exceed the length of the period from 21 October 2013 to 17 January 2014. The total sentence for both offences cannot exceed the length of the period from 1 August 2013 to 7 January 2014.
[1/2014]
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 2010.
[1/2014]
(2)  A prison officer may exercise all the powers which a police officer of equivalent rank may exercise under the Criminal Procedure Code 2010 in respect of an offence of committing a serious breach of a mandatory aftercare condition under section 50Y(1).
[1/2014]
(3)  To avoid doubt, where the Commissioner recalls a prisoner to prison under section 50X, the prisoner is not to be admitted to bail.
[1/2014]