Misuse of Drugs (Community Rehabilitation Centres) Regulations 2014

No. S 311

Misuse of Drugs Act

(CHAPTER 185)

Misuse of Drugs
(Community Rehabilitation Centres)
Regulations 2014

In exercise of the powers conferred by section 58 of the Misuse of Drugs Act, the Minister for Home Affairs hereby makes the following Regulations:

PART I

Preliminary

Citation and commencement

1.  These Regulations may be cited as the Misuse of Drugs (Community Rehabilitation Centres) Regulations 2014 and shall come into operation on 28th April 2014.

Definitions

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

“centre” means a community rehabilitation centre;

“inmate” means an individual who is detained in a centre;

“major offence” means any conduct set out in Part II of the Schedule;

“Manager”, in relation to a centre, means a person appointed by the Commissioner of Prisons to be the manager of the centre under section 36A(2)(b) of the Act;

[S 301/2023 wef 01/06/2023]

“member of staff”, in relation to a centre, means a member of the team of personnel running the centre, and includes the Manager of the centre;

“minor offence” means any conduct set out in Part I of the Schedule that is not a major offence;

“Review Committee” means a Review Committee appointed by the Minister for a centre under section 37(1) of the Act;

“Superintendent”, in relation to a centre, means a person appointed by the Commissioner of Prisons to be the superintendent of the centre under section 36A(2)(a) of the Act;

[S 301/2023 wef 01/06/2023]

“supervision officer” means an officer of the Bureau who is appointed by the Minister to be a supervision officer for the purposes of these Regulations.

PART II

Management of centre

Management of centre

3.  The Manager of a centre —

(a) is responsible for the supervision and administration of that centre in accordance with the Service Standards issued under regulation 4; and

(b) reports to the Superintendent of that centre.

Service Standards

4.—(1)  The Commissioner of Prisons must issue Service Standards setting out the objectives and guidelines for —

(a) the supervision and administration of centres; and

(b) the discipline and care of inmates.

[S 301/2023 wef 01/06/2023]

(2)  The Commissioner of Prisons may vary or amend the Service Standards from time to time.

[S 301/2023 wef 01/06/2023]

(3)  Every Manager of a centre must comply with the Service Standards in relation to the centre.

PART III

Management of inmates

Personal effects of inmate

5.—(1)  Upon admission of an inmate to a centre, the Manager of the centre must cause all personal effects found on the inmate at the time he is admitted to the centre to be —

(a) stored in the centre in a place easily accessed by the inmate;

(b) stored in the centre in a place that is under the Manager’s control, to be returned to the inmate at such time as the Manager may specify or to be handed over as soon as possible —

(i) to the parent or guardian of the inmate, if the inmate is below 21 years of age; or

(ii) to the nominee of the inmate, if the inmate is 21 years of age or older; or

(c) handed over to the parent, guardian or nominee of the inmate, as the case may be.

(2)  The Manager of a centre must keep, or cause to be kept, a record of all the personal effects stored in the centre under paragraph (1)(b).

(3)  Where any item prohibited by any code of conduct applicable to the inmates of a centre is found at any time among the personal effects of an inmate of that centre, the Manager of the centre must cause the item to be destroyed.

(4)  The Superintendent of a centre may issue directions regarding the storage of personal effects in the centre, and the Manager of the centre must give effect to those directions.

Rehabilitation programme

6.  The Manager of a centre must ensure that the rehabilitation programme for each inmate of the centre includes, wherever possible, counselling, education, training, social and recreational activities and any other forms of assistance for facilitating that inmate’s re‑integration into society.

Review Committee

7.  The Review Committee of a centre must review the case of every inmate of the centre on his suitability for leave to return to his place of residence, or to reside at any other place, at such times or on such occasions as the Review Committee may recommend, and must then make its recommendations to the Superintendent of the centre accordingly.

Employment, etc., of inmate

8.—(1)  The Superintendent of a centre may grant an inmate of the centre leave for either or both of the following purposes:

(a) to be employed outside of the centre by such employer as the Superintendent may specify;

(b) to participate (whether or not on the application of the inmate) outside the centre, as part of the treatment and rehabilitation of the inmate, in such educational programme, training programme, community service activity or other activity as the Superintendent may specify.

(2)  An inmate of a centre who has been granted leave under paragraph (1) —

(a) must not leave the centre without the approval of any member of staff of that centre;

(b) must not be absent, without good cause, from his work with the employer specified by the Superintendent of the centre under paragraph (1)(a), or from such programme or activity as is specified by the Superintendent under paragraph (1)(b);

(c) must return to the centre and report to the Manager of the centre immediately after completing his work, programme or activity for the day, or, in any case where the inmate has been granted leave under regulation 9 to return to his place of residence or a designated place, return to that place of residence or designated place;

[S 489/2014 wef 26/07/2014]

(d) must provide a specimen of his urine for a urine test at such times as may be required by the Superintendent or any member of staff of that centre;

[S 489/2014 wef 26/07/2014]

[S 301/2023 wef 01/06/2023]

(e) must not consume, or have in his possession, any controlled drug or psychoactive substance; and

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[S 485/2024 wef 01/06/2024]

(f) must not commit any act of gross misconduct or insubordination.

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

[S 489/2014 wef 26/07/2014]

(4)  The Superintendent of a centre may cancel the leave granted to an inmate of the centre under paragraph (1) if the Superintendent reasonably suspects that the inmate has —

(a) contravened or failed to comply with —

(i) any of the conditions in paragraph (2); or

(ii) any amended or varied condition or any additional condition in paragraph (3); or

(b) for any reason ceased to be so employed under paragraph (1)(a) or to be a participant in any programme or activity under paragraph (1)(b).

[S 489/2014 wef 26/07/2014]

(5)  Any inmate who fails to return to the centre after the leave granted to the inmate has been cancelled under paragraph (4) —

(a) is deemed to be unlawfully at large; and

(b) shall be guilty of an offence.

[S 485/2024 wef 01/06/2024]

(6)  A person who is guilty of an offence under paragraph (5) 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.

[S 485/2024 wef 01/06/2024]

Leave to return to residence

9.—(1)  At any time during an inmate’s detention at a centre, whether or not that inmate has also been granted leave under regulation 8 to be employed or to participate in any programme or activity, the Superintendent of the centre may —

(a) on the recommendation of the Manager of the centre; or

(b) on the recommendation of the Review Committee pursuant to a review under regulation 7,

grant that inmate leave to return to the inmate’s place of residence, or to reside at any other place designated by the Superintendent, for such period or on such occasion as the Superintendent thinks fit.

[S 489/2014 wef 26/07/2014]

(2)  In granting an inmate leave under paragraph (1), the Superintendent may impose any one or more of the following conditions on that inmate:

(a) to remain within doors at the inmate’s place of residence, or at the place designated under paragraph (1), between such times as may be specified by the Superintendent of the centre;

(b) to wear at all times on such part of the inmate’s body as specified by the Superintendent of the centre such electronic transmitting device as may be issued by the Superintendent;

(c) to allow the Superintendent of the centre, or any person authorised by the Superintendent, to enter at any time the inmate’s place of residence or the place designated under paragraph (1), to install, inspect, maintain, repair or retrieve any electronic monitoring device;

(d) to allow a telephone line at the inmate’s place of residence, or at the place designated under paragraph (1), 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;

(e) not to disconnect, remove, damage, tamper with or lose the electronic transmitting device issued to the inmate under sub‑paragraph (b), the electronic monitoring device installed under sub‑paragraph (d) at the inmate’s place of residence or at the place designated under paragraph (1), or the telephone line connected to the inmate’s electronic monitoring device;

(f) to immediately inform the Superintendent of the centre, or any other person authorised by the Superintendent, of any malfunction, damage or loss of 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 under sub‑paragraph (b);

(h) to comply with such other conditions as the Superintendent of the centre may impose.

[S 489/2014 wef 26/07/2014]

(3)  If the Superintendent of a centre reasonably suspects that an inmate of the centre has contravened or failed to comply with any of the conditions imposed on the inmate under paragraph (2) or under regulation 15 by way of punishment, the Superintendent may cancel any leave granted to the inmate under this regulation.

(4)  Any inmate who fails to return to the centre after the leave granted to the inmate has been cancelled under paragraph (3) —

(a) is deemed to be unlawfully at large; and

(b) shall be guilty of an offence.

[S 485/2024 wef 01/06/2024]

(5)  A person who is guilty of an offence under paragraph (4) 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.

[S 485/2024 wef 01/06/2024]

PART IV

Reports

Manager to inquire into complaint of abuse of inmate

10.—(1)  Upon the receipt of a complaint of abuse of any inmate of a centre, the Manager of the centre must report the complaint to the Superintendent of the centre as soon as possible.

(2)  The Manager of a centre must inquire into the complaint of abuse of any inmate of the centre and report the initial findings to the Superintendent of the centre no later than 72 hours after the receipt of the complaint.

Notification of death, etc.

11.—(1)  Where an inmate of a centre dies or is seriously injured, the Manager of the centre must, as soon as possible, report the death or serious injury to the Superintendent of the centre, who must then report the death or serious injury to the police, the Commissioner of Prisons and, if the inmate is below 21 years of age, the parent or guardian of the inmate.

[S 301/2023 wef 01/06/2023]

(2)  Where it becomes necessary for an inmate of a centre to be admitted to a hospital for medical treatment —

(a) the Manager of the centre must, as soon as possible, inform the Superintendent of the centre of the admission; and

(b) if the inmate is below 21 years of age, the Superintendent must also inform the parent or guardian of the inmate of the admission.

(3)  Subject to paragraph (4), the Manager of a centre must ensure that no surgical treatment is carried out on an inmate of the centre —

(a) where the inmate is below 21 years of age, without the prior consent of the inmate’s parent or guardian; or

(b) where the inmate is 21 years of age or older, without the prior consent of the inmate.

(4)  Consent under paragraph (3)(a) or (b) may not be required only where a medical practitioner certifies in writing that any delay in obtaining such consent would cause the inmate unnecessary suffering or endanger the inmate’s life or health.

(5)  Where an inmate of a centre has been absent without authority from the centre for more than 24 hours, the Manager of the centre must, as soon as possible, report the absence to the Superintendent of the centre, who must then report the absence to the police, the Commissioner of Prisons and, if the inmate is below 21 years of age, the parent or guardian of the inmate.

[S 301/2023 wef 01/06/2023]

(6)  Where an inmate of a centre leaves, without lawful authority, the centre or the custody of a member of staff of the centre, the Manager of the centre must immediately make a report of the departure to the Superintendent of the centre, who must then report the departure to the police, the Commissioner of Prisons and, if the inmate is below 21 years of age, the parent or guardian of the inmate.

[S 301/2023 wef 01/06/2023]

PART V

Behaviour management and discipline

Duties of inmates

12.  An inmate of a centre must keep his bedding and personal effects in the centre, and all the surrounding areas and the toilets of his living quarters in the centre, clean and tidy.

Enforcement of discipline

13.  Every member of staff of a centre must treat every inmate justly and firmly in the enforcement of discipline.

Discipline of inmates outside centre

14.  Every inmate of a centre, while being taken to or from the centre or while beyond the premises of the centre pursuant to a grant of leave under regulation 8 or 9, shall be subject to the same discipline and to the same constraints as if he were within the centre.

Punishments for minor offences

15.—(1)  Where an inmate of a centre fails to comply with regulation 12, or commits any minor offence, any one or more of the following punishments may be imposed on that inmate by the Manager or Superintendent of the centre:

(a) deprivation of rewards and privileges (other than privileges relating to visits from that inmate’s relatives) or deprivation of social activities for a specified period;

(b) deprivation of privileges relating to visits from that inmate’s relatives;

(c) reduction in duration or revocation of any leave granted under regulation 9;

(d) imposition of restrictions on that inmate by way of additional conditions for any leave granted under regulation 9;

(e) imposition of cleaning duties in the centre;

(f) a verbal or written warning.

(2)  Any punishment imposed under this regulation may be in addition to or in lieu of any other punishment which may be imposed under the Act or any other written law.

Punishments for major offences

16.—(1)  Where an inmate of a centre commits any major offence, any one or more of the following punishments may be imposed on that inmate:

(a) a written warning, together with one or more of the other punishments for minor offences under regulation 15(1)(a) to (f);

(b) a transfer to an approved institution for a period of time up to the remainder of the inmate’s period of detention, with or without —

(i) deprivation of not more than 4 visits by relatives and friends of the inmate;

(ii) solitary confinement in a cell in an approved institution for a period not exceeding 7 days; or

(iii) corporal punishment not exceeding 6 strokes of the rattan.

(2)  Any punishment specified in paragraph (1)(b)(i), (ii) or (iii) must be carried out in the approved institution to which an inmate is ordered to be transferred under paragraph (1)(b), and if corporal punishment is to be carried out, only in accordance with the Misuse of Drugs (Approved Institutions) (Discipline) Regulations (Rg 5) as if that punishment was that referred to in regulation 10(3) of those Regulations.

(3)  Any punishment imposed under this regulation may be in addition to or in lieu of any other punishment which may be imposed under the Act or any other written law.

Commissioner of Prisons to be informed of major offences

17.—(1)  Where the Superintendent of a centre is satisfied that an inmate of the centre has committed a major offence and warrants being punished with any punishment under regulation 16, the Superintendent must notify the Commissioner of Prisons of the facts of the case and of the Superintendent’s recommended punishment.

[S 301/2023 wef 01/06/2023]

(2)  Any punishment under regulation 16 of an inmate must not be carried out until the Commissioner of Prisons has confirmed or varied the punishment after receiving the Superintendent’s notice of the inmate’s case under paragraph (1).

[S 301/2023 wef 01/06/2023]

(3)  After being notified under paragraph (1), the Commissioner of Prisons —

(a) must confirm any punishment recommended by the Superintendent under regulation 16; or

(b) may vary that punishment by way of enhancement, reduction, substitution or otherwise, not in excess of regulation 16, for the major offence.

[S 301/2023 wef 01/06/2023]

Right to be heard

18.  No inmate shall be punished under these Regulations until he has had an opportunity of hearing the charge and the evidence against him and of making his defence.

Records of punishments

19.—(1)  Any punishment imposed on an inmate of a centre under these Regulations must be recorded in a register.

(2)  The number and name of the inmate, the major offence or minor offence for which the punishment is imposed, and such other details as the Commissioner of Prisons may require, must also be recorded in that register.

[S 301/2023 wef 01/06/2023]

(3)  In this regulation, “register” includes an electronic register.

Offences

20.—(1)  Any person who, without the authority of the Act, these Regulations or the express permission of the Commissioner of Prisons —

(a) conveys or supplies, or causes to be conveyed or supplied, to any inmate, or hides or places for the use of any inmate, any unauthorised article;

[S 485/2024 wef 01/06/2024]

(b) brings, or attempts by any means to introduce, into any centre, or places, or attempts to place, where inmates work, any unauthorised article;

[S 485/2024 wef 01/06/2024]

(c) brings, or attempts to bring, out of any centre, or conveys from any inmate, any unauthorised article;

[S 485/2024 wef 01/06/2024]

(d) makes any audio or visual recording in any centre;

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(da) communicates with any inmate in circumstances where the person knows, or ought reasonably to know, that the communication is likely to encourage, incite or agitate any inmate to commit an offence (including any offence listed in the Schedule), and thereby encourages, incites or agitates an inmate to commit an offence (including any offence listed in the Schedule); or

[S 485/2024 wef 01/06/2024]

(e) does any act, or omits to do any act which he is required by law to do, which he knows or ought reasonably to know is likely to have any of the following effects, and does have such effect:

(i) prejudicing the safe custody of inmates at any centre, the safety of any person at that centre or the security of the centre;

(ii) prejudicing the maintenance of good order and discipline at any centre,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

[S 485/2024 wef 01/06/2024]

(2)  Every member of staff of a centre who, without the authority of the Act, these Regulations or the express permission of the Commissioner of Prisons —

(a) knowingly permits any unauthorised article to be sold to or on behalf of, or to be received or used by or on behalf of, any inmate;

[S 485/2024 wef 01/06/2024]

(b) knowingly lends or gives to any inmate any authorised article;

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(c) knowingly permits any unauthorised article to be brought out of any centre, or to be conveyed from any inmate;

[S 485/2024 wef 01/06/2024]

(d) knowingly permits the making of any audio or visual recording at the centre; or

(e) knowingly permits any act or omission which he knows or ought reasonably to know is likely to have any of the following effects, and does have such effect:

(i) prejudicing the safe custody of inmates at the centre, the safety of any person at the centre or the security of the centre;

(ii) prejudicing the maintenance of good order and discipline at the centre,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

[S 485/2024 wef 01/06/2024]

(3)  In this regulation, “unauthorised article” means —

(a) any letter or document;

(b) any electronic device;

(c) any intoxicating substance, controlled drug, psychoactive substance or stimulant;

(d) any food or drink;

(e) any item of clothing;

(f) money; or

(g) any article not specifically authorised by the Commissioner of Prisons to be brought into or out of a centre.

[S 485/2024 wef 01/06/2024]

 

Made this 24th day of April 2014.

TAN TEE HOW

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/049 TF1; AG/LLRD/SL/185/2010/12 Vol. 1]