Debated in Parliament on 20 Jan 2014.
Order for Second Reading read.
Mdm Speaker, I beg to move, "That the Bill be now read a Second time." With your permission, Mdm Speaker, may I ask the Clerks to distribute a handout?
Yes, please [A handout was distributed to hon Members. Please refer to Annex 2.]
Madam, this Bill amends the Prisons Act to introduce the Conditional Remission System and the Mandatory Aftercare Scheme. It also amends the Act to enhance the operational efficiency of the Singapore Prison Service.
The Prisons Act was last amended in 2004, to expand the Home Detention Scheme so that more inmates, especially first-time and minor offenders with short sentences, could benefit from it. In this scheme, eligible inmates, while remaining under Prisons' custody, are released with conditions towards the tail-end of their prison sentence with a view to rehabilitate and reintegrate them into society.
Since 2004, Prisons has increased its emphasis on throughcare. This comprises targeted and comprehensive rehabilitation programmes for inmates during the incare phase while they are incarcerated. This is to prepare inmates for release. Prisons has also strengthened its aftercare programmes to support
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the reintegration of ex-inmates into society. In addition, the Yellow Ribbon Project has engaged the community in accepting ex-offenders, and inspired community action to support ex-offenders and their families.
Declining crime rates and the strengthening of Prisons' throughcare approach have contributed to the decline in the prison population and improvements in the recidivism rate. The prison population has decreased from about 17,000 in the early 2000s to about 12,500 in 2013, while the recidivism rate has improved from about 35% to about 25% for the latest release cohort over the same period.
However, we cannot be complacent. Many inmates are repeat offenders. Last year, they made up more than 80% of the prison population. In addition, many repeat offenders have drug antecedents. Indeed, more than 80% of repeat offenders in prison last year were imprisoned for a drug offence or had a drug antecedent. Repeat offenders are also more likely to re-offend and spend a longer time behind bars.
This is why we are introducing the Conditional Remission System (CRS) and the Mandatory Aftercare Scheme (MAS). In the course of developing these initiatives, we consulted a wide range of stakeholders over a period of four months from July to October 2013. These included the public, Prisons' community partners, Prisons' Board of Visiting Justices and Board of Visitors, the Law Society and the Association of Criminal Lawyers. Their views were taken into account as we developed the initiatives. I am glad that our stakeholders support them.
Let me touch on the objective of the CRS. Our remission system has not changed since the mid-1950s when Singapore was a British colony. Currently, inmates are granted one-third remission for good conduct and behaviour in prison, that is, if they have not breached prison discipline. There are no conditions imposed upon their release. In contrast, many jurisdictions have moved away from their colonial precedents. The UK and its former colonies like Canada, New Zealand and Hong Kong have, over time, implemented parole or conditional release systems that impose conditions on inmates when they are released. This creates the incentive for good behaviour upon release. Drawing upon the best practices in other jurisdictions, Singapore will be introducing the CRS.
The CRS seeks to deter ex-inmates from re-offending by subjecting them to conditions upon their release. All inmates will be subject to the CRS upon
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release.
In addition, selected groups of ex-inmates who are at higher risk of re-offending or who will need more help in rehabilitating and reintegrating with society will not only be subject to the CRS but will also be emplaced on the Mandatory Aftercare Scheme. The MAS is a structured step-down programme that could include a halfway house stay, aftercare support, counselling, electronic monitoring and curfew hours, as well as case management, upon their release. While in prison, inmates undergo rehabilitation programmes and are closely supervised. However, the transition back to society, where there is little or no supervision, is difficult for many. This is especially so if they lack family support and cannot secure accommodation and stable employment.
Let me elaborate on the key provisions of the Amendment Bill. Clause 7 of the Bill inserts a new Part VB to introduce the Conditional Remission System (CRS). With the CRS, inmates will continue to be released from the two-third mark of their sentence, if they have not breached prison discipline. Upon release, inmates will be issued a Conditional Remission Order (CRO). The duration of the CRO will be from the day of their release till the end of their sentence. This is their "remission period". All inmates released from imprisonment will be issued CROs. Each year, about 7,000 inmates released from prison will be issued CROs upon release. Inmates sentenced to corrective training, reformative training or preventive detention will not be issued CROs, as they are not eligible for remission.
Division 4 of the new Part VB defines the basic condition in CROs. The basic condition is that persons issued CROs must not commit an offence during the remission period and be sentenced to imprisonment, corrective training, reformative training or preventive detention for that offence. If this occurs, they would have breached the basic condition.
When the basic condition is breached, the courts will impose a sentence for the new offence committed during the remission period, and may also impose an enhanced sentence on the individual for breaching the basic condition. The maximum length of the enhanced sentence is the remaining remission period when the new offence is committed. It will run consecutively to other sentences of imprisonment. Section 50T provides that, in deciding whether to impose an enhanced sentence and, if so, the length of the enhanced sentence, the courts shall consider the gravity of the new offence, whether the new offence is of a similar nature to the ex-inmate's previous offence, the amount of time the ex-inmate remained offence-free, and any other relevant aggravating or mitigating
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circumstances.
Madam, the basic condition in the CRS is meant to deter ex-inmates from re-offending. Individual responsibility is important. The longer the ex-inmate remains crime-free after his release, the shorter his potential enhanced sentence will be, should he re-offend.
Let me now explain the Mandatory Aftercare Scheme (MAS). While all inmates issued CROs will be subject to the basic condition upon their release, Division 5 of the new Part VB provides for a smaller group of inmates to be emplaced on the MAS, with additional conditions upon release. The MAS is a structured aftercare regime which provides enhanced community support, counselling and case management, as well as tighter supervision for ex-inmates who are at higher-risk of re-offending or who need more support in reintegration. These are drug offenders, property offenders with drug antecedents, serious crime offenders, inmates with sentences of more than 15 years, and inmates sentenced to life imprisonment, if released. The full list of offences is specified in the new First Schedule to the Prisons Act, which is inserted by clause 19. We estimate that, in the steady state, about 1,700 of the 7,000 inmates released with CROs each year will be emplaced on the MAS.
We are emplacing drug offenders and property offenders with drug antecedents on the MAS because they are more likely to re-offend. Overall recidivism rates have, on average, been about 25% in recent years. However, the recidivism rates for repeat drug abusers sentenced to long-term imprisonment are higher, at up to 40%, while the recidivism rates for property offenders with drug antecedents have been as high as 50%. As for those who have committed serious crimes or who have long sentences of more than 15 years, they will be emplaced on the MAS as they need more help reintegrating into society, given the long period spent in prison.
The MAS will be for a period of up to two years. It comprises three phases: a halfway house stay, home supervision and community reintegration. Prisons will make a holistic assessment for each individual based on factors, such as the nature of the offence, criminal antecedents, progress in prison, risk of re-offending and family support, in deciding which phases the individual goes through. Not all individuals will have to go through the three phases. Some may be placed on the halfway house phase while others may be placed directly on the home supervision phase. Prisons will inform inmates of their MAS conditions when they are about to be released.
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The MAS will provide structure and support to ex-inmates and help them better reintegrate into society. There will be consequences for those who breach their MAS conditions. The Director of Prisons, who is re-designated as the Commissioner of Prisons in clause 21, may administer punishments for minor breaches of MAS conditions, while the Courts may sentence ex-inmates to imprisonment for serious breaches of MAS conditions.
With the introduction of the CRS and MAS, we will also be making consequential amendments to the remission for inmates who are sentenced to life imprisonment, as well as inmates who have been incarcerated for 20 years or more. Currently, inmates sentenced to life imprisonment may be considered for release at the 20-year mark of their sentence and annually thereafter. Their release will be dependent on factors, such as their rehabilitation progress in prison, family support and risk of recidivism. They can also be subject to conditions upon release.
The Minister determines the release of such inmates, and is advised by an independent Advisory Committee, the Life Imprisonment Review Board. The remission period for an inmate sentenced to life imprisonment, who is subsequently released, will be for the rest of his natural life, because he was meant to spend the rest of his life behind bars.
In addition to inmates on life imprisonment, we will, for consistency, extend the system of annual reviews to inmates who have been incarcerated for 20 years or more. This is to encourage good behaviour in prison. The remission period for these inmates with long sentences will be from the point of release till the end of his sentence. If released, these two categories of inmates will be issued CROs and be subjected to the CRS and MAS.
The CRS and MAS will apply to persons who commit offences after the legislative amendments come into effect. Sentences for offences committed before the amendments come into effect will continue to be remitted unconditionally at the two-third mark, subject to any forfeiture for breach of discipline. The transitional provisions are drafted accordingly.
Mdm Speaker, I will now touch on the other proposed amendments. Clause 12 of the Bill introduces an External Placement Scheme, under which the Minister may place inmates in facilities outside of prison that are more suitable for their physical or mental conditions. The Minister will be advised by an independent Advisory Committee when making this decision. External Placement will be subject to very strict criteria and will be for a definite period
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of time. The placement can be cancelled at any time if it is no longer appropriate. While on External Placement, inmates remain in Prisons' legal custody and will be subject to conditions and restrictions. For a start, we will limit the Scheme to a very small number of inmates who have been certified by Prisons-appointed medical specialists as being at the end-stage of a terminal illness with a poor prognosis.
Clause 13 of the Bill amends section 66 of the Prisons Act to update the framework of unauthorised articles, communications and recordings in prison committed by any individual in a prison. The list of unauthorised articles will be revised to include any unauthorised electronic storage device, and the type of unauthorised communications will be revised to include any act of unauthorised recording in prison. The penalty for this offence will remain unchanged, which is a fine of up to $3,000, imprisonment of up to 12 months, or both.
Clause 13 also amends section 66 to criminalise activities by parties that prejudice the safe custody of prisoners, the safety of any person in a prison, the security of a prison, or prejudice the maintenance of good order and discipline in a prison. It allows us to take action against anyone who undermines institutional order, discipline or security in prison.
Finally, clause 14 amends section 67 of the Prisons Act, which currently states that inmates may be required to work. It will be amended to "may be allowed to work". In practice, inmates are given the opportunity to work in prison. There is no requirement to work. If an inmate indicates that he does not wish to work, prison officers will seek to understand his concerns, but will not compel him to work. The proposed amendment aligns the provision with existing practice. This will also remove any doubts about our conformity with the relevant provisions of the International Labour Organization Conventions.
Other miscellaneous amendments are also being made to the Prisons Act to allow for the better administration of prisons, and to other Acts, such as the Penal Code and Criminal Procedure Code, as consequential amendments.
Mdm Speaker, the introduction of the CRS and MAS marks a paradigm shift in our approach to aftercare, bringing us in line with practices in other jurisdictions. Inmates will no longer be released from prison without conditions attached. The CRS seeks to deter ex-inmates from re-offending and the MAS will strengthen Prisons' system of throughcare by providing structured arrangements for selected groups of ex-offenders in the period immediately
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after their release.
Both initiatives augment current programmes to reduce offending and re-offending and improve the rehabilitation and reintegration of ex-offenders into society. We will work closely with our community partners to implement these two new initiatives. However, at the end of the day, even with the additional support and aftercare provided to the ex-offender, it is, ultimately, the responsibility of the individual not to re-offend. If he does, he will be dealt with swiftly and strictly by the law. Mdm Speaker, I beg to move.
*Question proposed.*
Mdm Speaker, I rise to support the Bill. Many of us view "crime and punishment" in black and white terms. From a retributive standpoint, if a person has done the crime, he should do the time. However, it is far more complicated than that. "Crime and punishment" is also about rehabilitation – we want those sent to jail to put the past behind them, reintegrate and become useful members of society. It is also about protecting the public by removing criminal elements from society. All these objectives sometimes conflict, and the real challenge is to find the right balance between them in relation to each and every inmate. Because the circumstances of each crime and of each offender are never identical. But we must try, because how we seek to treat those who have done wrong is a marker of a mature society. And this Bill seeks to strike that balance.
Let me first begin by commending the Bill for its nuanced and well-calibrated approach. It is an approach that ensures that our criminal sentencing system marries an effective increase in deterrent value with a reasonable dose of compassion.
Under our current remission system, inmates are granted early release for good conduct. Even those serving life sentences may be released after 20 years. Notably, such inmates are granted remission without any conditions imposed. The Bill gives the law and home affairs agencies more teeth. The release of inmates will no longer be unconditional. Instead, ex-inmates will be issued with a Conditional Release Order valid until the end of the remission period. Should they re-offend, the Court is empowered to sentence them for a term up to the remaining portion of the remission period, in addition to the sentence for the new offence committed. This enhanced sentence should serve as a deterrent
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for ex-inmates and help keep them on the straight and narrow.
At the same time, the Bill recognises that those released from prison may find it difficult to journey and start a new life alone. If there is no support network after release, the prospects of returning to bad company and re-offending are higher. Recidivism is a real problem in many countries. In Singapore, more than 80% of Singapore's prison population are repeat offenders. The Bill reaffirms that ex-inmates are valuable members of society, and gives them a second chance by supporting their reintegration and rehabilitation. Under the Bill, ex-inmates falling into certain categories will be placed into Mandatory Aftercare Scheme. Through progressive step-down arrangements, supervision and counselling, they will be given structured and targeted assistance in their efforts to start anew. This Bill is a culmination of months of work and consultation with many stakeholders and it represents the Ministry's unwavering commitment to rehabilitating ex-inmates.
And I know that the Senior Minister of State has put in a lot of personal time and effort behind this particular Act. I would like to thank him for this. That being said, there are several points that I would like to raise today.
The first is a simple point of clarification. The proposed section 50E(2) states that "prisoners committed for debt" are precluded from Part VB regarding the remission of sentences. I would be grateful if the Minister could clarify the scope of offences contemplated by this phrase. Also, the proposed section 50G states that Division 2 does not apply to prisoners serving default sentences. I would be grateful if the Minister could clarify why this is so.
Second, the distinction between "minor" and "serious" breaches of mandatory aftercare conditions in sections 50X and 50Y is unclear. What is a "serious" breach, as opposed to a "minor" breach? The distinction is important as a person who commits a "serious" breach shall be guilty of an offence and, if convicted, shall be sent back to prison for a term not exceeding the remaining duration of the remission order. In short, mandatory imprisonment. Further, what is "minor" is determined by the Commissioner and what is "serious" is determined by the Court. It would be better for clarity and consistency for all breaches to be dealt with by the same body, with the gravity of the breach determining the consequence. If, however, this distinction is retained, the Bill should give some guidance on what constitutes each type of breach. An apposite example of the degree of clarity sought can be found in sections 72 and 73 of the Prisons Act. These two provisions prevent any ambiguity from arising by listing the types of offences that constitute minor and aggravated
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prison offences.
Thirdly, the First Schedule. Under the First Schedule, inmates convicted of the offences listed in the First Schedule will be placed on the Mandatory Aftercare Scheme. Broadly speaking, this includes (i) drug offences, (ii) property offences with drug antecedents, (iii) serious crimes and (iv) offences with sentences of more than 15 years. Given that the aim is to break the cycle of re-offending for ex-inmates, it is questionable if offences, for example, the Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations and the Misuse of Drugs (Controlled Equipment, Material and Substances) Regulations should be included in the First Schedule. These regulations are after all concerned with comparatively minor disciplinary issues. Furthermore, a breach of these regulations may not, by itself, suggest that the inmate needs special help reintegrating into society. Could the Senior Minister of State explain the reasoning behind their inclusion in the First Schedule?
Finally, I have some concerns on the practical implementation of the Mandatory Aftercare Scheme. With the institution of the Scheme, we can expect a surge in the number of inmates being placed in halfway houses and on home supervision. We can also expect a demand for counselling and case management services. To my knowledge, there are currently only eight halfway houses working with the Singapore Prisons, with a total housing capacity of about 450 ex-offenders. It is likely that more halfway houses will have to be established, and more counsellors trained. I would like to ask the Senior Minister of State, what steps his Ministry has taken to meet this demand, or this increase in demand, and whether it is ready to implement the Scheme. Also, what steps will be taken to ensure that it will continue to have sufficient infrastructure and resources to meet its needs?
Mdm Speaker, in conclusion, in our endeavour to make Singapore a more inclusive and caring society, the importance of rehabilitating and reintegrating ex-inmates cannot be overemphasised. Hence, this Bill's incorporation of not only the tough, embodied by the Conditional Remission System, but also the tender, manifested in the Mandatory Aftercare Scheme, represents a positive step forward in our efforts to help ex-inmates break the cycle of re-offending. Ultimately, this will benefit both the individual and our society. With that, Mdm Speaker, I support the Bill.
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Mdm Speaker, I support this Bill. Much as the recidivism rate of ex-offenders has seen a decline, as a society, we can always do more to reduce the likelihood of ex-offenders re-offending. As it stands, repeat offenders comprise in excess of 80% of the prison population, with drug offenders released from the Drug Rehabilitation Centres tending to show a higher susceptibility to re-offending.
Reducing re-offending and making it a core part of the imprisonment process has a dual benefit: (a) the rehabilitation of the offender; and (b) the protection of the public. The two are not mutually exclusive but are inherently inter-dependent. The less we are able to successfully rehabilitate the offenders, the less secure and safe will our society be.
That, of course, raises questions of what the Singaporean public expects from the Singapore Prison Service and what the Prison Service regards as its fundamental mission. The Prison Service's vision is that of being "Captains of Lives", with the aim of helping inmates "rehabilitate, renew, restart". These three broad principles guide the Prison Service in their noble aspiration to make a difference in the lives of inmates.
Is the prison, therefore, a place where inmates are simply imprisoned, albeit securely, as a just retribution for the crimes they committed? Or should we expect more from the incarceration process, given that significant resources are spent on the penal population?
I think the answer is that we do expect a custodial sentence to not only punish but also to rehabilitate and reform the inmate. If our penal system, in particular, the prison process, produces recalcitrant or hardened criminals, then we should question the resources placed and the system we have. Our prisons must aspire to provide a safe and controlled environment by which an inmate's behaviour and attitude can be challenged and, hopefully, reformed for his own good and that of our society.
The "clang of the prison gates" principle argues that if the utility of an immediate custodial sentence as an appropriate method of emphasising specific deterrence in the case of an offender of previous good character, the deterrent effect may be achieved by a short term of imprisonment. I would go further and add that the clang of the prison gates in our penal system must go further than mere deterrence, important as deterrence is, especially for inmates who have committed serious crimes.
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Madam, with those broad considerations, I would like now to specifically address the Conditional Remission System (CRS) and the Mandatory Aftercare Scheme (MAS), the two pillars of this Amendment Bill.
On the CRS, it is timely to close the "loop hole" in the longstanding practice of granting inmates a one-third remission of their prison terms for good conduct and behaviour in prison. In essence, remission is an incentive for good behaviour.
However, remission cannot be an end in itself for the inmate and our administration of criminal justice. Remission must also be a means for the inmate to recognise that he can conduct himself well even in the austere and demanding conditions of prison. If an inmate is only interested in remission to get out of custody early but not genuinely interested in turning over a new leaf, then the remission process becomes a mere game to secure early release. Remission would then be a transactionary discount on time that is needed to serve – a mere quid pro quo for good conduct but with little internal change on the part of the inmate.
Hence, I welcome the move to impose conditions upon early release. Divisions 1 to 4 of the proposed Part VB of the Bill will help to add proper form and needed substance to the remission process. The Conditional Remission Order issued upon remission for good conduct and behaviour must help encourage continued good conduct and behaviour, especially when ex-offenders are most vulnerable in the first few months of release from prison.
Madam, my reading of clause 7 of the Bill as they relate to the CRS gives me the impression that the Commissioner of Prisons shall be required, by default, to make a remission order at a specified time of a prisoner's imprisonment term. If so, does this amount to an automatic discount of the imprisonment term, barring the President directing that a remission order not be made in respect of a prisoner? Does this not devalue the meaning of good conduct and behaviour in prison since the basic condition attached to the remission order is not too high a bar for the majority of inmates?
I would like now to address the Mandatory Aftercare Scheme (MAS) provided for in the proposed Division 5 of Part V of the Prisons Act. I hope the MAS will significantly help reduce the recidivism rate.
Madam, a structured aftercare regime must play a critical role in the rehabilitation and reintegration of an ex-offender. We cannot assume that the
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imprisonment term and other punishments received by an offender would be sufficient to reform him.
Instead, we should "hand hold" the ex-offender by guiding and providing a structured environment to help him adapt to the post-imprisonment realities. The prison environment is very much a controlled environment, while the post-prison environment is very much an "uncontrolled" one where it can be all too easy to slip back to a criminal lifestyle, given the challenges of adapting to the "ex-offender" label.
The proposed throughcare system is necessary in this regard to help reintegrate an ex-offender into society through progressive step-down arrangements. To some, the MAS might be too interventionist on the part of the state. However, it is a big undertaking that the state is taking on. But for difficult ex-offenders or those who have committed serious offences, this could be a lifeline to help ensure that whatever progress made during the period of imprisonment will not go to waste. I hope the MAS will help these inmates avoid the revolving door back into prison.
Madam, many of the ex-offenders to whom the proposed MAS would apply are likely to have long-standing problems, such as drug and alcohol addiction, poor educational attainments, family dysfunctionality and a society still somewhat wary of ex-offenders' antecedents.
Offender management, therefore, requires the careful and customised assessment, planning and implementation of work with offenders in the community and, while the offender is in custody, to address the factors, such as his attitude, behaviour and lifestyle, that could contribute to the ex-offender re-offending.
The MAS seeks to enhance offender management. As such, the transition from a prison environment to a non-prison environment must be treated as an integral whole, a seamless one. In turn, this requires aftercare staff to be more involved and proactive in their work with offenders even while they are under imprisonment. At the same time, prison officers will also have to recognise the vital role they play in changing behaviours and attitudes of the offenders under their custody even as they need to maintain security and discipline in prison. For the MAS to succeed, behavioural and attitudinal change cannot be regarded as the function of the aftercare regime. It has to be integral even during the period of imprisonment.
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There must be the alignment of goals and processes of the custodial and the aftercare regimes if the MAS is to succeed. As such, I would like to ask the Senior Minister of State whether the system is able to allow aftercare officers to work closely with prison officers while the offender is still serving his custodial sentence. Can the Senior Minister of State elaborate on how the Prison Service is gearing up for the MAS? The Bill before us provides a legislative framework but I also like to hear about the "software" that would be the operating system of the MAS.
Furthermore, if we are to reduce re-offending, great care has to be given to working with the offender to change his behaviour, attitude and lifestyle. In this regard, how does the Ministry ensure that privately-run aftercare establishments, while having the best of intentions in seeking to rehabilitate and reintegrate ex-offenders, are really up to the important task? Can the Ministry and the Prison Service do more to build up and enhance the capacity and competency of these important institutions in our community involved in the external placement scheme?
We should continue to embed "co-production" of aftercare as the proposed amendments recognise. The rehabilitation and reintegration of ex-offenders may well be a life-long journey. Hence, a multi-stakeholder approach is necessary. Even after an ex-offender completes the MAS uneventfully, there is still the re-integration challenge.
Co-production in aftercare requires that we recognise that the effort to reduce recidivism will be successful through the ex-offenders' relationships with stakeholders, such as their families, employers, friends and the community. The ex-offender's relationship with the aftercare services, while important, is grossly inadequate. Other stakeholders can provide the conducive structure and setting to promote healthy relationships for an ex-offender. These are the ties that bind, and the MAS must seek to embrace the network of relationships for each and every offender. The Yellow Ribbon campaign has gained traction among Singaporeans and more can be done to ensure that the community truly gives ex-offenders a second chance at life, and to inspire concerted community action to support ex-offenders and their families.
Madam, ex-offenders often have multiple and complex needs, and re-offending often occurs in the first few months of an ex-offender's release from a custodial sentence. I hope that the MAS will not be seen as another sentence, albeit a less demanding one than incarceration.
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The MAS cannot be a one-size-fits-all approach as this risks fitting no one. Research has shown the growing importance of "desistance". This is the change process involved in the rehabilitation of offenders that results in their desistance from re-offending. Desistance is a lengthy process, not an event, and where reversals and relapses are common. Here, the literature demonstrates that the ex-offenders' thinking, as well as their circumstances, would influence whether they re-offend in future or not. In this regard, I would appreciate it if the Senior Minister of State could elaborate on the modalities of the MAS, in particular, the personalised case management.
Furthermore, the MAS cannot be just about surveillance, control and discipline – one imposed, post-release from custody, by an external party on an ex-offender. The MAS regime must address the criminogenic needs of the ex-offender. These are the dynamic risk factors that predict re-offending and include anti-social attitudes and problematic peer associations, the lack of self-control and self-confidence, often flowing from low self-esteem, the lack of self-management skills and a variety of addictions.
The MAS must have cognitive-behavioural therapies and programmes that are designed to deal with the different aspects of an ex-offender's behaviour. The endeavour to help an ex-offender change cannot be simply about eliminating or modifying the various risk factors. Too often, these risk factors are external and systemic and beyond the control of the aftercare services.
As such, the MAS must also develop resilience among ex-offenders. Otherwise, the MAS can result in dependency by an ex-offender, in particular, on the aftercare services. The ex-offender's lack of resilience also results in his susceptibility to re-offending. In this regard, a personalised MAS regime can re-set and shift the narrative from an ex-offender's criminogenic needs and other deficits to a community dimension in which the key consideration is what the offender can do to contribute to his family, community and society. In short, the MAS should not be one where the ex-offender is seen as a mere beneficiary or someone deserving of our assistance. This requires, of course, interventions in community settings co-produced with the community. This can also increase inclusion and develop social capital. What it all amounts to is for the ex-offender to fully realise that he does not walk alone in his journey to be a useful citizen. Would the Senior Minister of State elaborate on how the MAS can build resilience in ex-offenders?
Madam, I see the MAS as a new and concerted strategy to break the cycle of re-offending. The MAS, like the CRS, will apply to those who commit offences after these amendments before us today come into effect. May I ask the Senior
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Minister of State whether the Prison Service will be open to accepting ex-offenders who commit offences before these amendments take effect and who would voluntarily like to be on the MAS? There will be questions on the legal consequences for such an ex-offender if he were to commit a serious breach while on the scheme although the MAS does not technically apply to him. My larger point is whether the MAS framework can be offered to ex-offenders seeking to rebuild their lives even though the MAS does not apply to them.
Madam, the annual average number of penal releases for 2010 to 2012 was 14,137 while the annual average number of penal admissions was 13,612. Generally, the figures show slightly more releases than admissions between 2010 and 2012. The convicted penal inmate population stood at an annual average of 10,361 between 2010 and 2012. With more than 10,000 persons going through the prison system each year, the Prison Service have to go beyond managing custodial sentences and be given the material and non-material resources to succeed on the rehabilitation front. Madam, once again I reiterate my support for the Bill.
Mdm Speaker, I support the main aims of the Bill. However, I wish to raise concerns about three areas. First, the expanded role of the Auxiliary Police; second, the provisions relating to remission of imprisonment; and thirdly, the external placement scheme.
First, expanded role of Auxiliary Police. Clauses 5 and 6 of the Bill make changes to the role of the Auxiliary Police in escorting and securing prisoners. While the current Act allows the Auxiliary Police to be deployed to escort prisoners while in transit to and from Prison, for example to Court, and while they are outside Prison, the Bill effectively expands their role to include safeguarding prisoners while they are within prison premises.
The handling of prisoners within prison is a delicate matter entrusted to prison officers. Could the Government explain why this task is being outsourced to the Auxiliary Police? Is this due to any shortage of prison officers? As we know, the training requirements and mindsets of prison officers and Auxiliary Police are also quite different. Prison officers are trained in Rehabilitation and are recruited to be "Captains of Lives", while Auxiliary Police are generally focused on safeguarding property and some law and order functions. Given this fundamental difference, what additional jobs are to be assigned to the Auxiliary Police to do within the prison premises? How suitably trained are they for their
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expanded roles?
Next, remission. One of the key features of the Bill relates to remission of jail terms. Clause 7 introduces Part VB which will remove the remission rules from the Prisons Regulations to the parent Act. The Bill generally preserves the current default position of granting prisoners a one-third discount off imprisonment for good behaviour. However, the purpose of granting remission is changed from "facilitating reformative treatment" as stated in the Prisons Regulations to the more holistic aim of "facilitating the rehabilitation of prisoners and their reintegration into society" as stated in the new section 50E. Release at the two-third mark will no longer be unconditional but be subject to a condition that while the remission order is in force, the person should not commit an offence and be sentenced to incarceration. If he breaches the condition, he may lose his remission in addition to being sentenced for the new offence.
Apart from remission at the two-third mark, the Bill introduces a new provision for discretionary remission before the two-third mark for prisoners who have already served at least 20 years' imprisonment. This is a good amendment, as the new section 50J will put such long-term prisoners on par with those serving life imprisonment, who already can have their cases reviewed after serving 20 years' jail. This will give both groups the chance to re-build what remains of their lives and to reconnect with society once again. I have one clarification concerning section 50J. It is not stated how the Minister will conduct his review of the case to decide if earlier remission should be given. In life imprisonment cases, the Prisons Regulations currently provide for a Life Imprisonment Review Board to be appointed to make recommendations to the Minister on whether remission is appropriate. Will another Review Board be set up to make recommendations to the Minister regarding earlier remission for prisoners serving long sentences?
As regards the procedure for reviewing such cases, I note that in Hong Kong, there is a Long-Term Prison Sentences Review Board to review long-term prisoners for sentence remission. Under their procedures, there are some features of transparency worth noting. For instance, what factors are taken into account in reviewing cases is publicly gazetted, for example, the nature of the offence, criminal history, age, behaviour in prison, rehabilitation and employment prospects, and others. Another feature is that when the Board rejects remission, the affected prisoner can ask the Board for its reasons, so that he can work on those areas to increase his chances in future reviews. I hope the Government will continually look at such best practices and see how the
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process can be improved.
Clause 7 of the Bill also introduces a Mandatory Aftercare Scheme for certain prisoners when released on remission. The new section 50U provides for the kinds of cases which qualify for Mandatory Aftercare. However, according to section 50V, mandatory aftercare is not an automatic condition once a prisoner qualifies but the Commissioner may make such an order. I would like to ask whether this means that mandatory aftercare will only be selectively imposed, or does the Government expect that most, if not all, qualifying cases will be subject to mandatory aftercare?
Madam, in relation to remission, I also wish to seek two clarifications regarding the cancellation, forfeiture and restoration of remission. The Bill makes changes to the Prisons Regulations, and there now appear to be two anomalies which require clarification.
The first concerns the powers of the President. Under the existing prison regulation 124, the President can take away a prisoner's right to remission if he commits a grave offence while serving sentence. Under the Bill, this power of the President is preserved under the new section 50 I (4). However, what is quite different is that under the current regulation 124, the President may also give "remission without limit for special services". This phrase is not found in section 50 I (4). Could Minister of State clarify whether we are indeed changing the authority being given to the President under the Act, to take away his right to grant remission without limit, and why this is being done?
The second clarification concerns clause 15 of the Bill. This relates to the Superintendent's powers when a prisoner has forfeited some of his remission due to disciplinary offences while in prison. Under the current Prisons Regulations, a prisoner's remission could be forfeited under the orders of three authorities – the Superintendent himself, who may forfeit up to 60 days of remission, or the Director of Prisons, who may forfeit up to 90 days, or by the Visiting Justices, who can forfeit up to 180 days. I assume that even after the Bill is passed, the Superintendent, the Commissioner of Prisons and the Visiting Justices will retain some powers to order forfeiture of remission.
In this regard, clause 15 appears to increase the powers of a Superintendent drastically. Under the existing Regulation 124, a Superintendent can only restore to the prisoner up to seven days of remission which was ordered by the Superintendent himself to be forfeited. However, under clause 15 of this Bill, the new section 77A will allow the Superintendent the "discretion" to restore to
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the prisoner the entire period of remission which had been forfeited by such prisoner. This power under section 77A is much wider than regulation 124. It appears to allow the Superintendent to change not only his own decisions about forfeiture of remission but also the decisions of his superior, namely, the Commissioner of Prisons, and even the Visiting Justices. Can this be a correct reading of what is intended? The effect of the new section 77A needs to be clarified.
Finally, Madam, External Placement Scheme. Clause 12 introduces the new Part VIA concerning an External Placement Scheme. This Scheme allows a prisoner to serve his sentence in a place other than a prison, if the Minister directs the Commissioner to make an external placement order. This order can be for periods of up to 12 months at a time.
Under what circumstances will a prisoner have the privilege of serving his time outside prison? According to the new section 59B, the Minister is reminded that prisoners should ordinarily serve their time in prison and that external placement may cause a public safety risk. However, the Minister can take into account the physical and mental condition of the prisoner, and "any other relevant circumstances" in considering whether the prisoner should be externally placed. Earlier, I believe the Senior Minister of State mentioned that the Minister would be advised by a committee.
Now, I assume that certain prisoners may not be physically or mentally fit for prison, perhaps due to old age or some illness. I can understand why it may make practical sense to house the prisoner instead in some specialised care facility or even a hospice. Earlier, the Senior Minister of State mentioned that the section would be used for terminally ill patients as certified by prison-appointed doctors. What I am concerned about is whether, over time, some prisoners may try to "game" the system by getting their own medical experts to advise that they need to serve time outside prison for one medical condition or another, and thereby get away with serving their jail terms in more comfortable environments or even in their own homes. I would like to ask the Senior Minister of State to elaborate on what safeguards will be put in place to prevent such subversions.
Mdm Speaker, thank you for the opportunity to speak. It is heartening to know that there has been a reduction of about 17% in the rate of recidivism among our inmates in a 10-year
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period from year 2000 to 2010. This was communicated by the Ministry in their press statement dated 11 November 2013. In light of this, this amendment Bill, which seeks to enhance and strengthen aftercare support and improve the rehabilitation of ex-offenders into society, is, indeed, very encouraging.
In my speech today, I will touch on the Mandatory Aftercare Scheme (MAS) segment of this Bill.
According to the Ministry, under the MAS, ex-inmates, upon release from prisons, may be placed in a halfway home, followed by home supervision and, finally, community reintegration. During these phases, the ex-inmates will be provided with counselling and case management, apart from other community supports.
Madam, counselling and case management are two of the most vital and effective elements in facilitating ex-inmates to overcome challenges in their efforts to reintegrate themselves back into the society. Ex-inmates require consistent, continuous emotional and psychological support in their bid to build resilience and self-esteem while motivating themselves continually as they transit from prison life and return to the society-at-large. Thus, we must and should enhance on the quality and efficacy of the counselling and case management processes.
With this firmly as the context, I am proposing that it would be good to arrange for those ex-inmates who are undergoing the home supervision phase of the MAS to have their counselling and case management provided by the Family Service Centres (FSCs) or counselling centres managed by Voluntary Welfare Organisations in the proximity of their residential address.
Madam, there are several benefits to this arrangement. Foremost, counselling and case management would be made accessible, given the extensive geographical spread of FSCs and counselling centres across the island. This would certainly reduce the hassle for the ex-inmate. Secondly, through my experience working in the FSC, there is a fair number of the ex-inmates' next-of-kin or families who may have already been receiving assistance through the respective FSCs, and social workers in the FSCs are well acquainted with the family of the ex-inmate. This serves to provide a better knowledge of the larger context in which the ex-inmate and his family are situated in and this would definitely facilitate the process of preparing and assisting the ex-inmates in their desire to re-integrate themselves back into
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society.
Thirdly, there is no doubt that family support is crucial in the reintegration process, and my recommendations would enable the family to play a more active role. Thus, for ex-inmates whose families who are not known to any FSC, I would like to suggest that the Ministry consider encouraging family members or next-of-kin to be involved in the counselling and case management process. At the same time, the social worker assigned to the ex-inmate and the family would also be able to provide timely counselling to their clients.
Additionally, if this idea of having FSCs or counselling centres providing counselling and case management during the home supervision phase is implementable, I would like to suggest that the ex-inmates be given an option to have the presence of a resource person, namely, a spiritually learned person, for example, a pastor or an asatizah for their counselling and case management. The presence of spiritually learned persons can also serve as a point of reference and a guide for the ex-inmates in uplifting their personal well-being. This constitutes a continuation of the spiritual guidance that these ex-inmates have been receiving during the period of their incarceration and during their time spent in the halfway home. The option of providing a resource person should be an option which I hope the Ministry can consider in the counselling and case management process.
Madam, I hope the Ministry can seriously consider my recommendations and further enhance the benefits that this Bill can provide for fellow Singaporeans and bring us towards a more inclusive society. Madam, I support the Bill.
Mdm Speaker, I rise to support the Prisons Amendment Bill, but I have some concerns with the Conditional Remission System (CRS) and the Mandatory Aftercare Scheme (MAS) targeted at selected groups of inmates.
The original intent of allowing remission is not only to encourage good behaviour but also to reduce overcrowding in prisons in some countries. Under the new amendment, breaches in CRA or MAS may possibly lead to longer prison sentences. Does the Singapore Prison Service have the capacity in terms of physical structure, manpower and facilities to cope with the possibility of a
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higher prison population?
The MAS has the potential to help ex-offenders integrate into society. Thus, I would like to know whether enough resources would be devoted to improve and build the capacity of existing aftercare services specifically targeted at helping ex-convicts. The effectiveness of the MAS will largely depend on the quality of the aftercare services, which encompass halfway house stay, casework, counselling and many others. As such, I hope there is enough flexibility to allow the VWOs offering aftercare services to tailor their programmes to suit the various offenders, depending on their gender and religion.
Currently, there is a shortage of aftercare services for female ex-offenders and Malay/Muslim ex-offenders that are operated by Malay/Muslim voluntary welfare organisations. I hope there are plans to increase the capacity of aftercare services to look after the female ex-offender, and the aftercare programmes be allowed to have elements of religious education that have shown promising results in reducing recidivism.
Mdm Speaker, families and employers can be the support pillars to help ex-offenders reintegrate into society. I would like to suggest that the mandatory aftercare scheme should involve the families and potential employers of the ex-offenders by providing them with the necessary holistic support to help the ex-offenders. Many ex-offenders face multiple issues ranging from housing, accommodation, finance, employment, family relationship and many others. A holistic approach is required for the MAS to be effective.
The proposed amendments to introduce CRS and MAS are a step in the right direction. As we strive to be an inclusive society, let us help those amongst us that have strayed and help them feel that they do belong to our community and will always be welcome.
Mdm Speaker, please allow me to speak on the Bill in Malay.
(In Malay): [Please refer to Vernacular Speech.] I welcome the amendments to the Prisons Act which require ex-offenders to undergo rehabilitation to enable them to reintegrate into society.
I would like to urge MHA to ensure that the aftercare services that are run by the community organisations have high standards in terms of the staff and facilities and possess deep knowledge to help ex-offenders undergo
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rehabilitation.
I would also like MHA to allow aftercare services to receive financial provisions or subsidies even for the type of rehabilitation that is largely based on a religious approach.
I feel that it is important that we render assistance sincerely to enable these ex-offenders to begin a new life outside the prison walls.
I hope that the community, in general, and the Malays and the families of ex-offenders will work together to give support and cooperation to achieve the Government's initiative to create an inclusive and a more compassionate society.