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Amendment Act · As enacted

Prison (Amendment) Act 2015

Amends the Prison Act 1995

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Prison (Amendment) Act 2015.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Amendment of section 2

The Prison Act 1995 [Act 537], which is referred to as the

“principal Act” in this Act, is amended in subsection 2(1)—

(a)

by inserting after the definition of “registered medical practitioner” the following definition:

‘ “State Prison Director” means a prison officer at a particular State not below the rank of Assistant

Commissioner of Prison;’;

(b)

by substituting for the full stop at the end of the definition of “place of work” a semi colon; and

(c)

by inserting after the definition of “place of work” the following definition:

‘ “Deputy Commissioner General of Prison” means the Deputy Commissioner General of Prison appointed under subsection 10(2).’.

s 3Amendment of section 10

Section 10 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2) There shall be appointed such number of Deputy

Commissioners General of Prison, Commissioners of Prison,

Deputy Commissioners of Prison, Senior Assistant Commissioners of Prison and Assistant Commissioners of Prison, from amongst prison officers, and such number of prison officers as may be necessary for the carrying out of the provisions of this

Act.”.

s 4Amendment of section 11

Section 11 of the principal Act is amended—

(a)

in subsection (1), by substituting for the words “Commissioner of Prison” the words “Deputy Commissioner General of

Prison”; and

(b)

in subsection (2), by substituting for the words “Commissioners of Prison” the words “Deputy Commissioners General of Prison”.

s 5Amendment of section 13

Section 13 of the principal Act is amended—

(a)

by substituting for the shoulder note the following shoulder note:

“Duties of the Commissioner General, State Prison

Director and Officer in Charge”;

Prison (Amendment)

(b)

in paragraph (1)(c)—

(i)

by deleting the word “and” at the end of subparagraph

(i)

;

(ii)

by substituting for the full stop at the end of subparagraph (ii) the words “; and”; and

(iii)

by inserting after subparagraph (ii) the following subparagraph:

“(iii) the transferred prisoners as provided in

Part IVb.”; and

(c)

by inserting after subsection (1) the following subsection:

“(1a) Subject to the orders of the Commissioner

General, the State Prison Director shall in respect of the State under his charge—

(a)

supervise and control Officer in Charge, prison officer training centre, parole and community service; and

(b)

be responsible to the Commissioner General for—

(i)

the due observance by prison officers and prisoners of this Act and of all other written laws relating to prison, prison officer training centre, parole and community service;

(ii)

the supervision of any matters relating to the Board of Visiting Justices;

(iii)

the management of matters relating to pardon of prisoners; and

(iv)

the transfer of prisoners as provided in

Part IVb.”.

s 6New Part IVb

The principal Act is amended by inserting after section 46o the following Part:

‘Part IVb

INTERNATIONAL TRANSFER OF PRISONERS

Application of this Part 46p. This Part shall only be applicable to prisoners that have been transferred under the International Transfer of Prisoners

Act 2012 [Act 754].

Interpretation 46q. For the purposes of this Part—

“transferred prisoner” means the transferred prisoner under the International Transfer of Prisoners Act 2012; and

“prescribed foreign State” has the meaning assigned to it under the International Transfer of Prisoners Act 2012.

Commissioner General Standing Orders relating to transferred prisoners 46r. The Commissioner General may make and issue orders to be called Commissioner General’s Standing Orders under section 12 in respect of transferred prisoners which shall not be inconsistent with the International Transfer of Prisoners Act 2012 or any regulations made under that Act.

Remission of sentence for transferred prisoners 46s. (1) In relation to a transferred prisoner to Malaysia from the prescribed foreign State—

(a)

if the transferred prisoner did not receive any remission of sentence at the prescribed foreign State, the transferred prisoner shall be entitled for remission calculated on the balance of his sentence to be served in Malaysia; or

Prison (Amendment)

(b)

if the transferred prisoner had received remission of sentence at the prescribed foreign State, the transferred prisoner shall not be entitled to receive any remission on the balance of his sentence to be served in Malaysia.

(2)

Subject to subsection (1), section 44 of this Act and any regulations made under this Act relating to remission shall be applicable to transferred prisoners from the prescribed foreign

State to Malaysia.

Power of Parole Board relating to transferred prisoners 46t. (1) The Parole Board may—

(a)

vary or amend the existing conditions of the Parole Order issued by the prescribed foreign State; or

(b)

impose further conditions on the Parole Order issued by the prescribed foreign State.

(2)

A varied or amended or any further conditions imposed

Parole Order under paragraph (1)(a) or (b) shall be deemed to be a Parole Order issued by the Parole Board.

(3)

If a transferred prisoner who has been transferred from the prescribed foreign State fails to comply with any conditions of the Parole Order issued by the prescribed foreign State or any conditions that were varied or amended or any further conditions imposed by the Parole Board, the Parole Board may suspend or revoke the Parole Order.

Exemption of conditions for parole eligibility for transferred prisoners 46u. (1) The Commissioner General shall exempt a transferred prisoner from the prescribed foreign State and released on parole from the condition specified under paragraph 46e(3)(c).

(2)

The Commissioner General may exempt a transferred prisoner from the prescribed State and yet to be released on parole, from the condition prescribed under paragraph 46e(3)(c).’.

s 7Amendment of the First Schedule

The First Schedule to the principal Act is amended by inserting under the words “Commissioner General of Prison” the words

“Deputy Commissioner General of Prison”.

KUALA LUMPUR