PART 6B
EMPLOYMENT PREPARATION SCHEME
Interpretation of this Part
59J.  In this Part, “Superintendent”, in relation to a prisoner, means the Superintendent of the prison from which the prisoner is released for employment preparation.
[Act 6 of 2022 wef 02/09/2022]
Employment preparation order
59K.—(1)  Subject to section 59L, the Commissioner may, for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society, by order release a prisoner who is eligible for employment preparation for any one or both of the following purposes:
(a)to be employed, in any place outside the limits of the prison in which the prisoner is detained, by any employer that may be specified in the order;
(b)to participate, in any place outside the limits of the prison in which the prisoner is detained, in any educational or occupational training programme, or any other activity for the purpose of facilitating the prisoner to be gainfully employed, that may be specified in the order.
(2)  An employment preparation order is valid for such period specified in the order, unless earlier revoked under section 59P(1) or suspended under section 59Q.
(3)  The Commissioner may grant a prisoner mentioned in subsection (1) leave to return to the prisoner’s place of residence, or any other place that the Commissioner may specify, after the prisoner has completed the prisoner’s work, programme or activity for the day, at such times as the Commissioner may specify.
(4)  The Commissioner may at any time revoke any leave granted to a prisoner under subsection (3).
[Act 6 of 2022 wef 02/09/2022]
Eligibility for employment preparation
59L.—(1)  A prisoner is eligible to be released for employment preparation under section 59K if —
(a)the prisoner has served not less than 14 days, or any other period that the Minister may prescribe by notification in the Gazette, of the prisoner’s sentence of imprisonment; and
(b)the Commissioner considers that the prisoner is suitable for employment preparation, having regard to the circumstances of the case, including the following factors:
(i)the prisoner’s progress and response to rehabilitation in prison;
(ii)the prisoner’s family support;
(iii)the risk of recidivism by the prisoner.
(2)  For the purposes of subsection (1)(a), the total consecutive periods of imprisonment of whatever nature are to be treated as one sentence.
[Act 6 of 2022 wef 02/09/2022]
Conditions for employment preparation
59M.—(1)  A prisoner subject to an employment preparation order who has not been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner must —
(a)not leave the prison in which the prisoner is detained without the approval of the prison officer on duty or any other person authorised by the Commissioner for the purposes of this section (called in this section an authorised person);
(b)not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order;
(c)return to the prison and report to the prison officer on duty or an authorised person immediately after completing the prisoner’s work, programme or activity for the day;
(d)provide a specimen of the prisoner’s urine or hair for testing at such times as the prison officer on duty or an authorised person may require;
(e)not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;
[Act 12 of 2023 wef 01/06/2024]
(f)not have in the prisoner’s possession any controlled drug, psychoactive substance, alcoholic beverage or intoxicating substance;
[Act 12 of 2023 wef 01/06/2024]
(g)not bring, or attempt by any means to introduce, into the prison any unauthorised article;
(h)if required by the Commissioner, 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 such part of the prisoner’s body as the Commissioner may specify;
(ii)comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to the prisoner;
(iii)not tamper with any electronic monitoring device issued to the prisoner, or otherwise prevent or obstruct the electronic monitoring of the prisoner’s whereabouts; and
(i)comply with any other conditions that the Commissioner may specify in the order.
(2)  Where the prisoner has been granted leave under section 59K(3) to return to the prisoner’s place of residence or any other place specified by the Commissioner, the prisoner subject to an employment preparation order must —
(a)not be absent, without good cause, from the prisoner’s work with the employer, or from the prisoner’s programme or activity, as specified in the employment preparation order;
(b)return to the prisoner’s place of residence or any other place specified by the Commissioner immediately after completing the prisoner’s work, programme or activity for the day;
(c)not consume any controlled drug, psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;
[Act 12 of 2023 wef 01/06/2024]
(d)not have in the prisoner’s possession any controlled drug or psychoactive substance;
[Act 12 of 2023 wef 01/06/2024]
(e)present himself or herself to provide a specimen of the prisoner’s urine or hair for testing at such times and at such places as the Commissioner may specify;
(f)remain indoors at the prisoner’s place of residence, or at any other place specified by the Commissioner, at the times specified by the Commissioner;
(g)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 the prisoner’s compliance with any condition of the employment preparation order or for any purpose relating to facilitating the prisoner’s reintegration into society;
(h)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 such part of the prisoner’s body as 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 the prisoner 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 the prisoner’s place of residence or any other place the prisoner is required to remain at;
(iv)comply with all reporting requirements imposed on the prisoner;
(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 the prisoner’s whereabouts; and
(i)comply with any other conditions that the Commissioner may specify in the order.
(3)  The Commissioner may at any time by order in writing served on a prisoner subject to an employment preparation order —
(a)vary, cancel or add to any of the conditions specified in subsection (1) or (2); or
(b)exempt the prisoner from any of the conditions specified in subsection (1) or (2).
(4)  The order 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.
[Act 6 of 2022 wef 02/09/2022]
Effect of employment preparation order
59N.  Where an employment preparation order is in force in respect of a prisoner, the prisoner —
(a)is taken to be —
(i)serving the prisoner’s sentence of imprisonment; and
(ii)in the lawful custody of the Superintendent; and
(b)is entitled to earn remission in respect of the period of imprisonment which is served under the order.
[Act 6 of 2022 wef 02/09/2022]
Recall to prison
59O.—(1)  If a Superintendent has reason to suspect that a prisoner has failed to comply with any of the conditions of an employment preparation order, or has committed any offence while being subject to an employment preparation order, the Superintendent may —
(a)make any inquiry that is necessary to ascertain whether the prisoner has failed to comply with any of the conditions of the employment preparation order, or has committed any offence while being subject to the employment preparation order; and
(b)recall the prisoner to prison pending the completion of the inquiry.
(2)  The employment preparation order for a prisoner who is recalled to prison under subsection (1)(b) continues to be in force despite the fact that the prisoner is recalled to prison.
[Act 6 of 2022 wef 02/09/2022]
Revocation of employment preparation order
59P.—(1)  If the Commissioner is satisfied after due inquiry that —
(a)a prisoner has failed to return to prison after the prisoner has been recalled to prison under section 59O(1)(b);
(b)a prisoner has failed to comply with any of the conditions of the employment preparation order;
(c)a prisoner has committed any offence while being subject to an employment preparation order;
(d)the whereabouts of a prisoner can no longer be electronically monitored at the prisoner’s place of residence, or any other place the prisoner is required to remain at, under the conditions of the prisoner’s employment preparation order;
(e)a prisoner has for any reason ceased to be —
(i)employed under section 59K(1)(a); or
(ii)a participant in any educational or occupational training programme, or any such activity, as specified in the employment preparation order under section 59K(1)(b); or
(f)it is necessary in the public interest to do so,
the Commissioner may revoke the employment preparation order in respect of that prisoner and recall the prisoner to prison, and the prisoner, if at large, is taken to be unlawfully at large.
(2)  Upon the revocation of the employment preparation order under subsection (1), the prisoner must serve the unexpired part of the prisoner’s sentence of imprisonment in prison.
[Act 6 of 2022 wef 02/09/2022]
Suspension of employment preparation order
59Q.  Where a prisoner subject to an employment preparation 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 prisoner’s employment preparation order may, unless revoked under section 59P(1), 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 that 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]
Power to enter and search
59R.  A police officer of or above the rank of Assistant Superintendent of Police, or a police officer authorised by the firstmentioned police officer, 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 has been recalled by the Superintendent under section 59O(1)(b); or
(ii)the Commissioner revokes the employment preparation order under section 59P(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 entry into that place.
[Act 6 of 2022 wef 02/09/2022]