Malaysia legislation
Section 9
of DRUG DEPENDANTS (TREATMENT AND REHABILITATION) (AMENDMENT) ACT 2024
Section 9
Substitution of section 6
The principal Act is amended by substituting for section 6
the following section:
Quoted provision
Section 6
(2)
Where a drug or substance dependant is produced or appears before a Magistrate, the Magistrate shall, on 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 treatment and rehabilitation in a community under the supervision of a Rehabilitation Officer at a place specified in the order for a period of two years; or
(b)
order such person to undergo treatment and rehabilitation in a community under the supervision of a Rehabilitation
Officer at a place specified in the order for a period of two years.
(3)
An order of treatment and rehabilitation in a community imposed on a person under paragraph (2)(a) or (b) shall contain the following conditions:
(a)
the person shall reside in a State or Federal Territory or any area as specified in the order;
(b)
the person shall not leave the area where he resides unless written permission is obtained from the Director General;
(c)
the person shall report at the nearest National
Anti-Drugs Agency office at the time specified in the order;
(d)
the person shall not consume any dangerous drug or substance;
(e)
the person shall undergo such tests at such time and place as may be determined by a Rehabilitation
Officer;
(f)
the person shall undergo such programme for the treatment and rehabilitation of drug or substance dependant as may be determined by a Rehabilitation
Officer; and
(g)
the person shall comply with any direction specified in the Director General’s Standing Order.
(4)
If after due consideration of the Rehabilitation Officer, a person who is undergoing an order of treatment and rehabilitation in a community under paragraph (2)(a) or (b)
requires treatment and rehabilitation at a Rehabilitation Centre, an officer may produce the person, or cause the person to appear before a Magistrate.
(5)
Where a person is produced or appears before a Magistrate under subsection (4), the Magistrate may, after considering the report by a Rehabilitation Officer and after giving such person an opportunity to make representations, order the person to undergo treatment and rehabilitation at a Rehabilitation Centre for a period not exceeding six months.
(6)
Any person undergoing treatment and rehabilitation in a community under paragraph (2)(a) or (b) who fails to comply with any of the conditions imposed under subsection (3) commits an offence and shall, on conviction, be liable to a fine or be ordered to perform community service not less than one hundred twenty hours in aggregate within the period of not exceeding six months or to imprisonment for a term not exceeding three years and if sentenced with imprisonment, may be liable for whipping not exceeding three strokes.
(7)
In this section, “community service” means any work, service, activity or course of instruction for the betterment of the public at large which may assist and preserve the rehabilitation of drug or substance dependant under the supervision of the Director General.”.
Drug Dependants (Treatment and Rehabilitation)
(Amendment)
9
New section 6a