DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 283 DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983 As at 1 September 2012 2 DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983 … … … … ... 13 April 1983 Date of Royal Assent Date of publication in the Gazette… … … 14 April 1983 Latest amendment made by Act A1018 which came into operation on … … … … 1 September 1998 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 283 DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II TREATMENT AND REHABILITATION OF DRUG DEPENDANTS UNDER COURT ORDER 3. Detention of suspected drug dependant for tests 4. Production before Magistrate where tests cannot be completed within twenty four hours 5. Obligation of suspected drug dependant to undergo tests procedures 6. Magistrate’s order which may be made on a drug dependant 7. (Deleted) PART III TREATMENT AND REHABILITATION OF DRUG DEPENDANTS WHO VOLUNTEER FOR SAME 8. Procedure for treatment and rehabilitation of drug dependant who volunteers for same 4 Laws of Malaysia ACT 283 Section 9. Procedure for treatment and rehabilitation of drug dependant who is a minor and for whom assistance is sought PART IV CENTRES FOR TREATMENT AND REHABILITATION 10. Rehabilitation Centres 11. Board of Visitors 12. Shortening period of residence at Rehabilitation Centre 13. (Deleted) 14. (Deleted) 15. (Deleted) 16. Private centres for treatment and rehabilitation and for after care 17. Transfer between Centres PART V GENERAL 18. Compulsory notification of drug dependants 19. Lawful custody 20. Offences by residents of Rehabilitation Centres and After care Centres, and by supervisees 21. Period of any imprisonment or detention to be deemed to be period of residence, after care or supervision 22. Contribution for cost of maintenance, treatment and rehabilitation 23. Delegation by Director General 24. Jurisdiction 25. Protection of persons acting under authority of this Act 26. Activity which will assist treatment and rehabilitation 27. Separation of minors 28. Rules 29. Repeal 30. Transitional 31. Amendment of Dangerous Drugs Act 1952 5 LAWS OF MALAYSIA Act 283 DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983 An Act to provide for the treatment and rehabilitation of drug dependants and for matters connected therewith. [16 April 1983, P.U. (B) 190/1983] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Drug Dependants (Treatment and Rehabilitation) Act 1983 and shall come into force on such date as may be appointed by the Minister by notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— ―Board of Visitors‖ means the Board of Visitors appointed by the Minister under section 11; 6 Laws of Malaysia ACT 283 ―dangerous drug‖ means any drug or substance which is for the time being comprised in the First Schedule of the Dangerous Drugs Act 1952 [Act 234]; ―Director General‖ means the Director General appointed under subsection (2); ―drug dependant‖ means a person who through the use of any dangerous drug undergoes a psychic and sometimes physical state which is characterized by behavioural and other responses including the compulsion to take the drug on a continuous or periodic basis in order to experience its psychic effect and to avoid the discomfort of its absence; ―Minister‖ means the Minister charged with the responsibility for internal security; ―officer‖ means any Rehabilitation Officer or any police officer; ―registered medical practitioner‖ means a medical practitioner registered under the Medical Act 1971 [Act 50]; ―Rehabilitation Centre‖ means an institution established under section 10; ―Rehabilitation Officer‖ means an officer appointed under subsection (2); ―rules‖ means rules made by the Minister under this Act; ―tests‖ means all such acts or procedures as may be carried out for the purpose of determining whether a person is a drug dependant. (2) The Minister shall appoint a public officer to be Director General who shall have, subject to the direction and control of the Minister, superintendence over all matters relating to the apprehension, treatment and rehabilitation of drug dependants under this Act and there shall be appointed such number of Rehabilitation Officers as may from time to time be required for the purposes of this Act. Drug Dependants (Treatment and Rehabilitation) 7 PART II TREATMENT AND REHABILITATION OF DRUG DEPENDANTS UNDER COURT ORDER Detention of suspected drug dependant for tests 3. (1) An officer may take into custody any person whom he reasonably suspects to be a drug dependant. (2) A person taken into custody under subsection (1) may be detained for a period not exceeding twenty four hours at any appropriate place for the purpose of undergoing tests. Production before Magistrate where tests cannot be completed within twenty four hours 4. (1) If the tests cannot be held or completed or the results of such tests cannot be obtained within twenty four hours from the time a person is taken into custody under subsection 3(1)— (a) the person may be released on bail, with or without surety, by an officer to attend at the time and place mentioned in the bond; or (b) the person may be produced by an officer before a Magistrate, and the Magistrate shall, if the officer reports to the Magistrate that it is necessary to detain him for the purpose of undergoing tests, order him to be so detained for such period not exceeding fourteen days to undergo tests or the Magistrate may release him on bail, with or without surety, to attend at such time and place as may be mentioned in the bond for the purpose of undergoing such tests, or where such person has already undergone tests but the result of such tests has not yet been obtained, the Magistrate may release him on bail, with or without surety, to appear at such place and time as may be mentioned in the bond to receive the result of the tests. 8 Laws of Malaysia ACT 283 (2) Sections 390, 391, 392, 393 and 404 of the Criminal Procedure Code [Act 593] shall apply mutatis mutandis to a bail bond executed under this section in so far as they are not inconsistent with the provisions of this section, and references in the said sections to a police officer shall be construed as references to an officer under this Act. Obligation of suspected drug dependant to undergo tests procedures 5. (1) For the purpose of tests under section 3 or 4, the person shall submit himself to all such acts or procedures as he may be required or directed to undergo by an officer, or by a government medical officer, or by a registered medical practitioner, or by any person working under the supervision of such officer, government medical officer or registered medical practitioner, as the case may be. (2) Where any person fails to comply with any requirement or direction under subsection (1), he shall be guilty of an offence and shall, on conviction, be liable to be punished with imprisonment for a period not exceeding three months or with fine, or with both. Magistrate’s order which may be made on a drug dependant 6. (1) Where a person who has undergone the tests referred to in section 3 or 4 and, in consequence of such tests, is certified by a government medical officer or a registered medical practitioner to be a drug dependant, the officer shall produce him, or cause him to appear before a Magistrate, and the Magistrate shall upon the recommendation of a Rehabilitation Officer and after giving such person an opportunity to make representations— (a) order such person to undergo treatment and rehabilitation at a Rehabilitation Centre specified in the order for a period of two years and thereafter to undergo supervision by an officer at the place specified in the order for a period of two years; or Drug Dependants (Treatment and Rehabilitation) 9 (b) order such person to undergo supervision by an officer at the place specified in the order for a period of not less than two and not more than three years. (2) An order of supervision imposed on a person under paragraphs (1)(a) and (b) shall contain the following conditions: (a) the person must reside in a State or Federal Territory or any area as specified in the order; (b) the person must not leave the area where he resides without the written permission of the Director General; (c) at the time specified in the order, the person shall report at the nearest police station or for a member of the armed forces at the place specified by an officer; (d) the person shall not consume, use or possess any dangerous drugs; (e) the person shall undergo such tests at such time and place as may be ordered by an officer; and (f) the person shall undergo any programme for the rehabilitation of drug dependants held by the Government. (3) Any person undergoing supervision under paragraph (1)(a) or (b) who fails to comply with any condition imposed under subsection (2) shall be guilty of an offence and shall on conviction be liable to be punished with imprisonment for a period not exceeding three years or to whipping not exceeding three strokes or to both. 7. (Deleted by Act A1018). 10 Laws of Malaysia ACT 283 PART III TREATMENT AND REHABILITATION OF DRUG DEPENDANTS WHO VOLUNTEER FOR SAME Procedure for treatment and rehabilitation of drug dependant who volunteers for same 8. (1) Any person who is a drug dependant may apply to a Rehabilitation Officer to be provided with treatment and rehabilitation in respect of his drug dependency. (2) Where a person makes an application under subsection (1), the Rehabilitation Officer shall as soon as possible make arrangements for the applicant to undergo tests. (3) Where in consequence of the tests under subsection (2), such person is certified by a government medical officer or a registered medical practitioner to be a drug dependant, the Rehabilitation Officer shall decide whether such person should— (a) undergo treatment and rehabilitation at a Rehabilitation Centre for a period of two years and thereafter undergo supervision by an officer for a period of two years; or (b) be placed under the supervision of a Rehabilitation Officer for a period of not less than two and not more than three years and be subject to such conditions as the Rehabilitation Officer may consider necessary or beneficial for his treatment and rehabilitation, and shall inform the applicant of his decision. Procedure for treatment and rehabilitation of drug dependant who is a minor and for whom assistance is sought 9. (1) Any parent or guardian of a minor whom the parent or Drug Dependants (Treatment and Rehabilitation) 11 guardian suspects or has reason to believe to be a drug dependant may apply to a Rehabilitation Officer for the minor to be treated and rehabilitated and produce such minor before such officer. (2) Where a minor is produced before a Rehabilitation Officer under subsection (1), section 8 shall apply to him in the same manner as they apply to a person who applies for treatment and rehabilitation under that section. PART IV CENTRES FOR TREATMENT AND REHABILITATION Rehabilitation Centres 10. The Minister may, by notification in the Gazette, establish Rehabilitation Centres for the residence, treatment and rehabilitation of drug dependants ordered or admitted to reside therein under this Act. Board of Visitors 11. There shall be appointed by the Minister in respect of each Rehabilitation Centre a Board of Visitors, and such Board of Visitors— (a) shall exercise all powers, discharge all such duties and perfor