*DRUG DEPENDANTS (TREATMENT AND REHABILITATION) ACT 1983

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

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

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

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

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

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

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

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.

An order of supervision imposed on a person under paragraphs (1)(a) and (b) shall contain the following conditions:

Any person undergoing supervision under paragraph (1)(a) or

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.

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.

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—

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.

shall exercise all powers, discharge all such duties and perform all such functions as may be provided in this Act or as may be prescribed in any rules;

shall advise and make recommendations to the Director

General on all matters which the Director General may refer to it and on other matters pertaining to their duties and functions on which it may deem necessary or expedient to advise and make recommendations.

12 Laws of Malaysia ACT 283

Shortening period of residence at Rehabilitation Centre

The Director General may, with the consent in writing of the

Minister, discharge from a Rehabilitation Centre a person who has not yet completed a period of twelve months of residence at the

Centre for special reasons pertaining to the welfare of such person.

13-15.

(Deleted by Act A1018).

Private centres for treatment and rehabilitation and for after care

The terms and conditions of any approval granted under subsection (1) may at any time be varied by the Minister and he may, without giving any notice or assigning any reason, revoke any approval granted under subsection (1), and any revocation so made may contain all such directions of an incidental or a consequential nature which the Minister may deem necessary, expedient or desirable.

Notification of every approval of a centre under this section and every revocation of such approval shall be published in the

Gazette.

Any person who establishes or operates, or assists in the operation of any place for the treatment, rehabilitation, or after care

Drug Dependants (Treatment and Rehabilitation) 13

and supervision of persons who are or have been drug dependants shall be guilty of an offence and be liable on conviction to a fine or to imprisonment not exceeding five years or to both.

Nothing contained in the foregoing provisions of this section shall be construed as in any manner affecting, prejudicing or derogating from the rights of a person lawfully providing medical treatment to any person in relation to any physical or mental condition arising from, or involving or relating to the drug dependency of such person.

Transfer between Centres

Any person who contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding* two thousand ringgit.

*NOTE—Previously ―five hundred‖–see the Drug Dependants (Treatment and Rehabilitation)

(Amendment) Act 1998 [Act A1018].

14 Laws of Malaysia ACT 283

Lawful custody

where he is taken into custody by an officer under this

Act;

while he is resident at a Rehabilitation Centre under this

Act;

while he is being taken from or to any place, or while he is engaged in any activity under this Act outside a

Rehabilitation Centre, during the period that he is under an order made under this Act to reside at a Rehabilitation

Centre.

Subsection (1) shall not apply to a person who is admitted to a Rehabilitation Centre under section 8 or 9.

Any person who escapes from lawful custody as referred to in subsection (1) shall be guilty of an offence and shall, on conviction, be liable to *imprisonment for a term not exceeding five years or to whipping not exceeding three strokes, or to both.

Offences by residents of Rehabilitation Centres and After care

Centres, and by supervisees

contravenes any term or condition lawfully imposed under this Act in relation to residence, treatment or rehabilitation at a Rehabilitation Centre; or

commits a breach of any rules relating to a Rehabilitation

Centre, where no specific punishment is provided in such

*NOTE—Previously ―a fine or to imprisonment for a term not exceeding three years–see the Drug

Dependants (Treatment and Rehabilitation) (Amendment) Act 1998 [Act A1018].

Drug Dependants (Treatment and Rehabilitation) 15

commits a breach of any rules relating to a Rehabilitation

Centre, where no specific punishment is provided in such rules for such breach;

incites any resident of a Rehabilitation Centre to commit a breach of any rules relating to such Centre;

uses any indecent, threatening, abusive or insulting words or gestures, or otherwise behaves in a threatening or insulting manner, against any person exercising any powers, discharging any duties or performing any functions in relation to the custody, treatment, rehabilitation, residence or supervision of any person under this Act, or against any person resident at a

Rehabilitation Centre or against any employee or servant employed or engaged at any Rehabilitation Centre, or against any person lawfully visiting a Rehabilitation

Centre or otherwise lawfully present at a Rehabilitation

Centre, or assaults any person, employee or servant, as aforesaid, shall be guilty of an offence and shall on conviction be liable to a fine or to imprisonment for a term not exceeding three years or to both.

Paragraphs (1)(a) and (b) shall not apply to a person who is admitted to a Rehabilitation Centre under section 8 or 9.

Period of any imprisonment or detention to be deemed to be period of residence, after care or supervision

The foregoing provisions of this section shall not apply to a person who is admitted to a Rehabilitation Centre under section 8

or 9.

Contribution for cost of maintenance, treatment and rehabilitation

Before making an order under subsection (1), the Magistrate shall consider the report of a Rehabilitation Officer relating to the circumstances of the person against whom the order is proposed to be made (a copy of which report shall be supplied to such person)

and give an opportunity to such person to make representations in the matter to the Magistrate.

A Magistrate may, on the application of any person against whom an order under subsection (1) has been made, rescind, make anew or vary the order as the Magistrate deems just.

Any amount due and owing under this section shall be a civil

Drug Dependants (Treatment and Rehabilitation) 17

debt due and owing to, and shall be recoverable by, the Government.

Delegation by Director General

A Magistrate exercising power under sections 4, 6 or 22 may do so at any place, other than an open and public court, considered convenient for the purpose by the Magistrate, whether such place is within or outside the precincts of the court building.

Protection of persons acting under authority of this Act

to prescribe anything which is required to be prescribed under this Act;

to provide forms for use in connection with any matter under this Act;

to regulate the establishment, management and control of

Rehabilitation Centres, and private rehabilitation centres, including provision for the powers, duties and functions of persons in charge of such centres or employed at such

Rehabilitation Centres or private rehabilitation centres;

to provide for the discipline, education, vocational training and employment of persons undergoing treatment and

Drug Dependants (Treatment and Rehabilitation) 19

rehabilitation at such Rehabilitation Centres or private rehabilitation centres;

to provide for procedures relating to the tests to be carried out under this Act;

to provide for procedure relating to the treatment, rehabilitation and supervision of persons under this Act;

to provide for the composition, duties, functions and procedures of the Board of Visitors;

to provide for the form, and the provisions to be included in any bail bond executed under this Act;

to provide for the form, provisions, and the terms and conditions of any other bond required to be executed under this Act.

The Minister may in such rules or by separate rules made under this Act provide that any contravention of the provisions of any rule shall be an offence and may provide for such offence to be punished with a fine not exceeding five hundred ringgit or imprisonment for a term not exceeding six months or both.

Repeal

any person has been taken into custody; or

has been or is being dealt with in any manner by any court,

Magistrate, Social Welfare Officer, Board of Visitors, or any other officer or authority, under Part VA of the Dangerous Drugs Act 1952, the provisions of that Act, including the said Part VA thereof, shall continue to apply in relation to such person, save that the references to officers and authorities under the said Part VA shall be construed as references to the corresponding officers and authorities established under this Act.

Amendment of Dangerous Drugs Act 1952

Where any person below the age of eighteen years is found guilty of an offence against this Act other than in the case of an offence under section 6B or 39B or other than in a case where a person is found guilty of an offence against this

Act for which the punishment shall be under section 39A, the

Court shall consider a report of a Rehabilitation Officer as defined in the Drug Dependants (Treatment and Rehabilitation)

Act 1983 [Act 283] and if the Court is satisfied that such person is a drug dependant as certified by a government medical officer and that having regard to the circumstances of the case and the character, antecedents, health or mental condition of the person charged it is inexpedient to inflict the punishment provided, the Court may, with or without recording a conviction—

Drug Dependants (Treatments and Rehabilitation) 21

Where an order under paragraph (1)(a) is made against an offender, it shall be deemed to be an order made by a Magistrate under paragraph 6(1)(a) of the Drug

Dependants (Treatment and Rehabilitation) Act 1983, and where the order is made under paragraph (1)(b), it shall be deemed to be an order made by the Magistrate under paragraph 6(1)(b) of that Act, and the provisions of that

Act shall apply accordingly in relation to such order.

Powers of Court in respect of person found guilty under section 15

A person who is required to undergo supervision by a Rehabilitation Officer under subsection (1), shall be

22 Laws of Malaysia ACT 283

deemed to have been placed under such supervision by virtue of an order made by a Magistrate under paragraph 6(1)(b) of the Drug Dependants (Treatment and Rehabilitation) Act 1983,and the provisions of that Act shall apply accordingly in relation to such supervision.‖.

23

Act 283

LIST OF AMENDMENTS

Amending law

Short title

In force from

Drug Dependants (Treatment and

Rehabilitation) (Amendment)

Act 1998 01-09-1998

24

Act 283

LIST OF SECTION AMENDED

Section

Amending authority

In force from 2

4

6-10

12-15

18-22

24

26-28

Act A1018 01-09-1998

01-09-1998

01-09-1998

01-09-1998

01-09-1998

01-09-1998

01-09-1998