KUALA LUMPUR – The Malaysian government’s proposed home detention legislation aims to alleviate overcrowding in prisons by reducing the number of individuals held in remand while awaiting trial, said Home Minister Datuk Seri Saifuddin Nasution Ismail (Senator-PH).
Saifuddin clarified that those convicted of serious crimes, such as those punishable by death or life imprisonment, would not be eligible for home detention under the bill. The legislation will also exclude individuals convicted of offences related to national security.
Furthermore, the law would not apply to crimes carrying mandatory caning, sentences of 10 years or more in prison, or cases involving domestic violence and children.
Those convicted of offences under Section 3A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 as well as Section 39(b) of the Dangerous Drugs Act 1952 will also not be eligible house arrest under the suggested legislation.
“The proposed home detention law seeks to grant the courts the discretion to consider house arrest for remanded detainees. These individuals would also be equipped with electronic monitoring devices.
“(Allowing the courts such discretion) would help reduce the strain on police facilities,” Saifuddin told the Dewan Rakyat during his winding-up speech on the Supply Bill 2025 at the policy stage.
The minister noted that a significant number of inmates currently housed in prison facilities nationwide are under court-ordered detention prior to being convicted in their respective trials.
Disclosing that a total of 28,000 people are remanded in the nation’s prisons, which have a capacity of around 74,000, Saifuddin added that lawmakers are welcome to make recommendations on the proposed law when it is debated in Parliament.
Yesterday, in supporting the government’s plan to introduce a home detention law, the Prisons Department said there is an urgent need for an alternative to imprisonment to solve overcrowding issues at its facilities
House arrest, the department said in a statement, also provides a second chance for inmates to prove that they can still contribute to their families, communities and the nation.
According to data shared by the department, prison facilities across the nation are currently housing 87,419 inmates, exceeding their total capacity of 74,146 by 11.24%. – November 7, 2024