Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations

Misuse of Drugs Act

(CHAPTER 185, Section 43)

Misuse of Drugs (Approved Institutions and Treatment
and Rehabilitation) Regulations

Rg 3

REVISED EDITION 1990

(25th March 1992)

[20th August 1976]

Citation

1. These Regulations may be cited as the Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“inmate” means a drug addict or abuser who is an inmate of an approved institution;

“medical officer” means a Government medical officer who for the time being is assigned to perform the functions of a medical officer under these Regulations;

“supervision officer” means any person appointed by the Minister under regulation 12.

Superintendent

3.—(1) Subject to any directions of the Minister, an approved institution shall be under the general charge and supervision of a Superintendent.

(2) The Superintendent of an approved institution shall be responsible for the control, discipline and occupation of the inmates and may issue general orders which shall be observed by the inmates.

Medical examination

4. Every inmate shall, upon admission to an approved institution, be examined by a medical officer as soon as possible.

Detoxication

5.—(1) Except as provided by regulation 6, every inmate shall, upon completion of his medical examination, undergo a period of detoxication during which no medication shall be given unless in the opinion of a medical officer it is necessary to save the inmate’s life.

(2) The period of detoxication shall not exceed 7 days.

Age limit, fitness, etc.

6.—(1) No inmate who is above the age of 55 years shall be subject to detoxication.

(2) No inmate who is certified by a medical officer to be medically unfit to undergo detoxication shall be subject to detoxication but the inmate shall undergo detoxication as soon as he is found fit by a medical officer to do so.

(3) The Minister may for special reasons exempt any inmate from undergoing detoxication.

No visitors

7. During the period of his detoxication no person shall be allowed to visit an inmate.

Examination of inmates for infectious diseases

7A.—(1) The Director of Prisons may, at any time, require any inmate of an approved institution to undergo a medical examination by the medical officer for the purposes of ascertaining whether the inmate is suffering from, or is a carrier of, any infectious disease.

(2) Where an inmate refuses to undergo the medical examination under paragraph (1) or refuses to provide any sample necessary gor the purpose of such examination, the medical officer shall forthwith give a written notification to the Superintendent of the approved institution.

(3) The Superintendent of the approved institution may, upon receipt of the written notification under paragraph (2), direct that the inmate be detained separately from other inmates until such time when the inmate undergoes the required medical examination.

(4) Where an inmate has been ascertained to be suffering from, or is a carrier of, any infectious disease under this regulation, the medical officer shall forthwith give a written report to the Superintendent of the approved institution.

(5) The Superintendent of the approved institution shall, upon receipt of the written report by the medical officer under paragraph (4), direct that the inmate be detained separately from other inmates until the medical officer certifies that the inmate is free from infection or the risk of spreading the infectious disease to other persons is eliminated.

(6) In this regulation, “infectious disease” has the same meaning as in the Infectious Diseases Act [Cap. 137].

[S 507/95 wef 24/11/1995]

Confidentiality in handling of inmates with AIDS and other sexually transmitted disease

7B. Where, in consequence of any action taken under regulation 7A, any person is aware or has reasonable grounds for believing that an inmate has Acquired Immune Deficiency Syndrome or is infected with the Human Immunodeficiency Virus or is suffering from a sexually transmitted disease or is a carrier of that disease, the person shall not disclose any information which may identify the inmate except —

(a)	with the consent of the inmate;
(b)	in accordance with regulation 7A;
(c)	when ordered to do so by a court;
(d)	to any person who is treating, caring or handling the inmate;
(e)	to the victim of a sexual assault by the inmate; or
(f)	where such disclosure is allowed under section 20D of the Infectious Diseases Act. [S 507/95 wef 24/11/1995]

Finger Impressions

7C.—(1) An inmate shall, if requested to do so by the Superintendent, or by a person authorised by the Superintendent, allow the Superintendent, or the person so authorised, to take the inmate’s finger impressions for the purposes of identification and record.

(2) No person shall, except in the performance of his duty, in accordance with any law or with the inmate’s consent, give the finger impressions taken under paragraph (1), or any copy thereof, to any person.

(3) Where an order under section 37 (2)(b) pursuant to which an inmate was admitted to an approved institution is revoked by the Director, the Superintendent shall, as soon as practicable, cause the finger impressions taken from that inmate under paragraph (1), and all copies thereof, to be destroyed.

(4) Any inmate who fails to comply with paragraph (1), and any person who contravenes paragraph (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

[S 286/96 wef 28/06/1996]

Review Committee

8. The Review Committee of an approved institution shall consider or review the case of every inmate on his suitability for employment and shall make its recommendations to the Superintendent of an approved institution accordingly.

Employment of inmate

9.—(1) The Superintendent of an approved institution may, on the recommendation of the Review Committee of an approved institution, grant an inmate leave for employment with such employer as the Superintendent may specify.

(2) An inmate who has been granted leave under paragraph (1) shall —

(a)	not leave the approved institution without the approval of the officer on duty;
(b)	not be absent from his work without good cause;
(c)	return to the approved institution immediately after completing his work for the day and report to the officer on duty;
(d)	provide a specimen of his urine for urine test at such times as may be required by the officer on duty;
(e)	not consume, or have in his possession, any drug; and
(f)	not commit any act of gross misconduct or insubordination.

(3) The Superintendent may at any time amend, vary or add to any of the conditions in paragraph (2).

(4) If the Superintendent is satisfied that an inmate has contravened or failed to comply with any of the conditions in paragraph (2) or any amended or varied condition or any additional condition pursuant to paragraph (3), or has for any reason ceased to be so employed, he may cancel the leave granted to the inmate under paragraph (1).

(5) Any inmate who fails to return to the approved institution after the leave granted to him has been cancelled under paragraph (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(6) For the purpose of this regulation, “officer” means the Superintendent of an approved institution or any rehabilitation or custodial officer of the institution.

Leave to return to residence

10.—(1) An inmate who has been granted leave for employment under regulation 9 may also be granted leave by the Superintendent of an approved institution or by any rehabilitation officer authorised by the Superintendent to return to his place of residence or to any other place designated by the Superintendent or the authorised rehabilitation officer at such times as the Superintendent or authorised rehabilitation officer thinks fit and subject to the following conditions:

(a)	to remain within doors at his place of residence or at such other designated place between such times as may be specified by the Superintendent or the authorised rehabilitation officer;
(b)	to wear at all times on such part of his body as specified by the Superintendent or the authorised rehabilitation officer such electronic transmitting device as may be issued by the Superintendent or the authorised rehabilitation officer;
(c)	to allow the Superintendent or any person authorised by the Superintendent to enter at any time his place of residence or such other designated place to install, inspect, maintain, repair or retrieve any electronic monitoring device;
(d)	to allow a telephone line at his place of residence or at such other place designated by the Superintendent or an authorised rehabilitation officer to be connected to an electronic monitoring device and to ensure that there is no call waiting or call transfer facility attached to the telephone line and that the telephone line is not connected to any cordless telephone, telephone answering machine, parallel telephone line, modulator-demodulator unit or any other equipment which may interfere with the proper functioning of the electronic monitoring device; [S 286/96 wef 28/06/1996]
(e)	not to disconnect, remove, damage, tamper with or lose the electronic transmitting device issued to him or the electronic monitoring device installed at his place of residence or such other designated place or the telephone line connected to the electronic monitoring device;
(f)	to inform forthwith the Superintendent or any rehabilitation officer of any malfunction, damage or loss to the electronic transmitting device or the electronic monitoring device;
(g)	to respond promptly to any telephone call from the centre set up to monitor inmates who have been issued with the electronic transmitting device; and
(h)	to comply with such other conditions as the Superintendent or the authorised rehabilitation officer may impose.

(2) If the Superintendent or, in his absence, the authorised rehabilitation or custodial officer is satisfied that an inmate has contravened or failed to comply with any condition imposed under paragraph (1) he may cancel any leave granted to him under this regulation.

Inmate to pay for food

11.—(1) The Superintendent of an approved institution may require an inmate who is in receipt of any remuneration to pay for the food he consumes at the approved institution.

(2) The rate of payment for the food consumed shall be determined by the Superintendent from time to time.

Supervision officers

12.—(1) The Minister may appoint supervision officers for the purposes of this regulation.

(2) The Director of the Central Narcotics Bureau or any other officer authorised by the Minister may make an order directing a person who has been discharged from an approved institution or who has been convicted of an offence under section 8(b) of the Act to report to a supervision officer for the purpose of supervision for such period, not exceeding two years, as the Director or officer authorised by the Minister considers necessary.

(3) A person in respect of whom a supervision order has been made under paragraph (2) or section 37(2)(a) of the Act shall, during the period he is subject to supervision, observe the following requirements:

(a)	report to the supervision officer at such times and places as may be directed by the supervision officer;
(b)	allow the supervision officer to visit his place of residence or such other place designated by the supervision officer;
(c)	immediately notify the supervision officer of any change in his place of residence;
(d)	not leave Singapore without the approval of the supervision officer;
(e)	immediately notify the supervision officer of any change in his employment;
(f)	present himself at such times and places to provide a specimen of his urine for urine test as may be required by the supervision officer;
(g)	not be found in any place as may be specified by the supervision officer or in the company of any person who is subject to supervision under the Act or these Regulations;
(h)	[Deleted by S 286/96 wef 28/06/1996]
(i)	not to have in his possession any controlled drug;
(j)	not to smoke, administer to himself or otherwise consume any controlled drug; and
(k)	furnish to the supervision officer two passport size photographs of himself in accordance with any directions given by the supervision officer. [S 286/96 wef 28/06/1996]

(4) The Director or any person authorised by the Minister under paragraph (2) may by order in writing exempt any person against whom a supervision order is in force from all or any of the requirements specified in paragraph (3).

(5) The supervision officer may, in addition to the requirements under paragraph (3), require a person in respect of whom a supervision order is in force to observe any of the following requirements:

(a)	present himself for counselling at such times and places and to such persons as may be directed by the supervision officer;
(b)	present himself for any medication at such times and places and to such persons as may be directed by the supervision officer;
(c)	remain within doors at his place of residence or such other place designated by the supervision officer between such hours as may be specified by the supervision officer;
(d)	wear at all times on such part of his body as specified by the supervision officer such electronic transmitting device as may be issued by the supervision officer;
(e)	allow any person authorised by the supervision officer to enter at any time his place of residence or such other place designated by the supervision officer to install, inspect, maintain, repair or retrieve any electronic monitoring device;
(f)	allow a telephone line at his place of residence or at such other place designated by the supervision officer to be connected to an electronic monitoring device and ensure that there is no call-waiting or call-transfer facility attached to the telephone line and that the telephone line is not connected to any cordless telephone, telephone answering machine, parallel telephone line, modular-demodulator unit or any other equipment which may interfere with the proper functioning of the electronic monitoring device;
(g)	not to disconnect, remove, damage, tamper with or lose the electronic transmitting device issued to him or the electronic monitoring device installed at his place of residence or such other designated place or the telephone line connected to the electronic monitoring device;
(h)	inform the supervision officer immediately of any malfunction, damage or loss to the electronic transmitting device or the electronic monitoring device;
(i)	respond promptly to any telephone call from the centre set up to monitor persons who have been issued with the electronic transmitting device; and
(j)	comply with such other conditions as the supervision officer may impose. [S 286/96 wef 28/06/1996]

(6) Without prejudice to the continuance of any supervision order in force against him, any person subject to such an order who contravenes or fails to comply with —

(a)	paragraph (3)(a) or (f) or a requirement imposed on him under paragraph (5)(a), (b), (c), (d) or (g) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both; and
(b)	paragraph (3)(b), (c), (d), (e), (g) or (k) or a requirement imposed on him under paragraph (5)(e), (f), (h), (i) or (j) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [S 286/96 wef 28/06/1996]

(7) Where a person against whom a supervision order is in force has contravened or failed to comply with paragraph (3)(a), (f), (i) or (j) or a requirement imposed on him under paragraph (5)(a), (b) or (c), the Director of the Central Narcotics Bureau may, if having regard to the circumstances of the case he considers it desirable to do so, by order extend the period of supervision of that person for a further period not exceeding 2 years.

[S 286/96 wef 28/06/1996]

Urine tests

13.—(1) Subject to paragraphs (2) and (3), regulation 12 shall apply to any person who has been discharged from a military detention barrack to which he was committed for drug treatment and rehabilitation while being subject to military law as it applies to a person who has been discharged from an approved institution.

(2) Where any person to whom paragraph (1) applies continues to be subject to military law after being discharged from a military detention barrack, a supervision order may take effect from the date he ceases to be subject to military law.

(3) The procurement of urine specimens and the conduct of urine tests of persons to whom paragraph (1) applies shall, while such persons are subject to military law, be carried out in accordance with regulations made under the Singapore Armed Forces Act [Cap. 295] for that purpose as they apply to urine specimens procured under a lawful order.

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