PART 6A
EXTERNAL PLACEMENT SCHEME
Interpretation of this Part
59A.  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 is released for external placement.
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External placement order
59B.—(1)  The Minister may, if the Minister is of the view that it is more appropriate for a prisoner to serve the prisoner’s sentence in a place other than a prison, direct the Commissioner to make an external placement order in respect of the prisoner for a period not exceeding 12 months.
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(2)  The Minister may direct the Commissioner to extend the duration of an external placement order for one or more times, by a period not exceeding 12 months each time.
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(3)  In determining for the purposes of subsections (1) and (2) and section 59H(1) whether it is more appropriate for a prisoner to serve his or her sentence in a place other than a prison —
(a)the Minister must have regard to the following factors:
(i)that it is ordinarily in the public interest that prisoners serve their sentences in a prison;
(ii)the threat (if any) likely to be posed by the prisoner to public safety if he or she is released or continues to be released on external placement; and
(b)the Minister may have regard to the following factors:
(i)the physical condition of the prisoner;
(ii)the mental condition of the prisoner;
(iii)any other relevant circumstances.
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Effect of external placement order
59C.—(1)  A prisoner must be released on the day an external placement order is made in respect of him or her.
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(2)  Where an external placement order is in force in respect of a prisoner, the prisoner is deemed —
(a)to be still serving his or her sentence; and
(b)to be still in the lawful custody of the Superintendent.
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Conditions for external placement
59D.—(1)  A prisoner subject to an external placement order —
(a)must remain indoors at his or her place of residence, or at any other place that the Commissioner may specify, at such times as the Commissioner may specify;
(b)must 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 external placement order or for any purpose relating to his or her rehabilitation;
(ba)must not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;
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(bb)must not have in the prisoner’s possession any controlled drug or psychoactive substance;
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(c)must do all of the following 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 by the Commissioner;
(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 he or she is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his or her whereabouts; and
(d)must comply with any other conditions that the Commissioner may specify in the external placement order.
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(2)  The matters to be specified by the Commissioner under subsection (1) must be specified by written notice.
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(3)  The Commissioner may, at any time and by written notice served on any particular prisoner subject to an external placement 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).
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(4)  The notice mentioned in subsection (3) must be served —
(a)by delivering it personally to the prisoner; or
(b)by any other means that may be prescribed.
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Recall to prison
59E.—(1)  If a Superintendent has reason to suspect that a prisoner who is subject to an external placement order has failed to comply with any of the conditions of the external placement order, or has committed any offence while being so subject, the Superintendent may —
(a)make any inquiry that may be necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the external placement order or committed any offence while being so subject; and
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(b)recall the prisoner to prison pending the completion of the inquiry.
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(2)  The external placement order for a prisoner who is recalled to prison under subsection (1)(b) continues to be in force despite the fact that he or she is recalled to prison.
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Revocation of external placement order
59F.—(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 59E(1)(b);
(b)a prisoner failed to comply with any of the conditions of the external placement order;
(c)a prisoner committed any offence while being subject to an external placement order;
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(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 external placement order; or
(e)it is necessary in the public interest to do so,
the Commissioner may revoke the external placement order in respect of that prisoner and, if the prisoner is not already detained in prison, recall the prisoner to prison; and the prisoner is, if then at large, deemed to be unlawfully at large.
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(2)  Upon the revocation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison.
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Suspension of external placement order
59G.  Where a prisoner subject to an external placement order is punished with any punishment under section 70(1)(a) or (b) (or both) or section 71(1)(b) or (c) (or both), the external placement order may, unless revoked under section 59F, 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).
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[Act 6 of 2022 wef 02/09/2022]
Cancellation of external placement order
59H.—(1)  The Minister may, if the Minister is of the view that it is no longer appropriate for a prisoner released under an external placement order to serve the prisoner’s sentence in a place other than a prison, cancel the external placement order in respect of that prisoner and recall the prisoner to prison; and the prisoner is, if at large, then deemed to be unlawfully at large.
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(2)  Upon the cancellation of the external placement order under subsection (1), the prisoner must serve the unexpired part of his or her sentence in prison.
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Powers to enter and search
59I.  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 59E(1)(b);
(ii)the Commissioner revokes the external placement order under section 59F(1); or
(iii)the Minister cancels the external placement order under section 59H(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 the police officer cannot otherwise obtain admittance to that place.
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