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Prisons Dept: Urgent need for home detention law due to overcrowding

KUALA LUMPUR: There is an urgent need for a home detention or house arrest law as an alternative to imprisonment to solve overcrowding issues at correctional facilities.

Such a law, which would allow convicts to serve sentences at home under specific regulations and a set timeframe, would be similar to measures implemented during the Movement Control Order amid the Covid-19 pandemic.

The department said this approach had successfully reduced crime rates in Malaysia during that period.

"The Prisons Department has strengthened and expanded various initiatives to reduce overcrowding in prison institutions.

"The department fully supports the proposal for alternative sentencing by establishing the Home Detention Act, as announced by Prime Minister Datuk Seri Anwar Ibrahim during the 2025 Budget presentation.

"Additionally, the community rehabilitation programme (CRP) or other new alternative sentencing options can help reduce overcrowding in prison institutions, lower the current high incarceration rate, and save costs for the government.

"It also provides a second chance for prospects (assistance) to prove that they can still contribute to their families, communities, and the nation," the department said in a statement yesterday.

According to data shared by the department, prison facilities are currently housing 87,419 inmates, exceeding their total capacity of 74,146 by 11.24 per cent.

This figure includes 82,482 inmates in prisons (94.35 per cent) and 4,937 in community programs (5.65 per cent).

With the current incarceration rate, the department reported a ratio of 245 inmates per 100,000 residents, compared to the global average of 145 per 100,000 residents.

This high number of inmates poses challenges to the country's image regarding public safety and welfare from a global perspective.

Out of 43 prisons in the country, 19 are operating at more than 20 per cent above capacity, particularly those located in major urban areas.

"Through the legal provisions under Sections 43, 46, and 47 of the Prisons Act 1995, it allows the government under the Home Ministry to introduce alternative punishments through the CRP.

"This includes utilising the Corporate Smart Internship (CSI) Programme, such as the CSI Parole Programme, CSI Licensed Inmate Programme (PBSL), CSI Licence-Free Programme (PBL) and the Industrial Resident Reintegration Programme for eligible inmates under Community Rehabilitation.

"The recidivism rate (repeat offences) is low under the CRP, at 0.24 per cent, compared to 17.6 per cent for those who only undergo rehabilitation in facilities or prisons," the department said.

The proposed Home Detention Act has sparked controversy, with various stakeholders, including members of Parliament, urging the government to ensure that the measure does not apply to high-profile cases or appear to allow certain individuals to evade prison sentences.

Home Minister Datuk Seri Saifuddin Nasution Ismail announced recently that the ministry would detail the new bill related to home detention in the Dewan Rakyat.

During the 2025 Budget presentation, Anwar, who is also finance minister, said the government plans to draft new legislation to enable home detention as an alternative for specific offences.

He added that under this act, offenders would be required to remain at designated places of detention, such as their homes, care homes, or workers' dormitories, for the duration of their sentence, subject to conditions set and monitored by prison officials.

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