After section 63
insert
(1) This section applies in relation to an offender who is sentenced to a term of imprisonment and is absent from a custodial correctional facility for a period (the absence period ).
(2) Any part of the absence period during which the offender is in the lawful custody of the Commissioner (as defined in section 9(1) of the Correctional Services Act ) is the offender's lawful absence period .
(3) Any part of the absence period during which the offender is unlawfully absent (as defined in section 9(2) of the Correctional Services Act ) is the offender's unlawful absence period .
(4) In calculating the term to be served:
(a) the offender's lawful absence period (if any) does count as time served; and
(b) the offender's unlawful absence period (if any) does not count as time served.