PRISON (AMENDMENT) ACT 2015

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

Amendment of section 2

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;’;

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

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).’.

Amendment of section 10

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

Prison”; and

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

Amendment of section 13

by substituting for the shoulder note the following shoulder note:

“Duties of the Commissioner General, State Prison

Director and Officer in Charge”;

Prison (Amendment)

in paragraph (1)(c)—

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

;

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—

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

be responsible to the Commissioner General for—

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;

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)

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.

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 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.

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).

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).’.

Amendment of the First Schedule