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[UPDATED] Proposed home detention law targets remand prisoners, excludes serious offences 

KUALA LUMPUR: The proposed home detention law would only apply to individuals who are under remand and awaiting trial.

Home Minister Datuk Seri Saifuddin Nasution Ismail said under the proposed law, crimes that are punishable by death and life imprisonment would not be eligible for house arrest.

He said it would not apply to those under remand for offences under Chapter 6 of the Penal Code; under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM); under Section 39(b) of the Dangerous Drugs Act, as well as offences involving domestic violence and children.

He said offences that carry a sentence of 10 years or more and involving mandatory caning are also excluded from home detention.

"This proposed home detention law seeks to empower the court the discretion to consider and order house arrest for remand prisoners, with these individuals equipped with electronic monitoring devices until the trial date.

The move would help reduce overcrowding in prisons, he said in his winding-up speech on 2025 Supply Bill in Dewan Rakyat.

Saifuddin said the prisons were currently experiencing overcrowding.

"As of yesterday, there were 87,229 inmates across all prisons, which were designed to hold 74,000 people. Of the total, there are two categories — those in prisons and those placed in community rehabilitation."

He said community rehabilitation was allowed under Sections 43, 46, and 47 of the Prisons Act, where they could be released under parole, mandatory attendance orders, or through licensed prisoner release.

"They will be released from prison after a screening process by the Prisons Department. This will also involve employers providing job opportunities for them to help them adapt to life outside."

Saifuddin said that of every 800 individuals released, only one would re-offend after completing their sentence, which he viewed as a success story.

On the proposed law, Saifuddin said the ministry received approval from the cabinet.

"Subsequently, the ministry will hold meetings with the relevant parliamentary select committees; including on fundamental rights and security, as well as other parliamentary select committees that are interested in getting involved.

"The ministry also will hold engagement sessions with all relevant stakeholders."

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