OCT 20 — After an odd announcement by Prime Minister Anwar Ibrahim during the Budget 2025 speech, Home Minister Saifuddin Nasution Ismail dutifully confirmed on Saturday (Oct 19) that a Bill (proposed law) for house arrest “is expected to be tabled in Parliament in 2025”.
He said the Cabinet had approved the policy for the implementation of the Bill, and it was being drafted by the Attorney General’s Chambers.
Saifuddin added that the Bill would not involve amendments to the Prison Act 1995 (Act 537) but would instead be introduced as a new legislation.
What can be expected of the new legislation?
Name
The name Home Detention Act should better reflect the law rather than House Arrest Act.
Purpose and object
The purpose and object of the law should be to provide for home detention as a means of serving a sentence of full-time imprisonment. To that end, the law should, among others:
• define the class of sentences of imprisonment that may be served by way of home detention, and the class of offenders/convicts who are eligible to serve a sentence in that way;
• provide for due assessment of eligible offenders/convicts so as to determine their suitability, and the suitability of their circumstances, to serve a term of imprisonment by way of home detention;
• provide for the making and revocation of home detention orders and for the imposition of conditions applicable to home detention:
Ø specifying periods of detention and the circumstances in which the offender/convict may be absent from home;
Ø regulating the conduct of the offender/convict while subject to home detention and providing for the monitoring of that conduct;
Ø defining the restrictions and privileges, if any, pertaining to home detention.
Non-availability of home detention
A home detention should not be made in respect of a sentence of imprisonment for serious offences – offences punishable with imprisonment for a term of 10 years or more as defined under Section 52B of the Penal Code. It should not also be available to certain repeat offenders.
Assessment of suitability or eligibility
Offenders should be subject to assessment of suitability or eligibility for home detention, which should include:
• any criminal record of the offender, and the likelihood that the offender will re-offend,
• any dependency of the offender on illegal drugs,
• the likelihood that the offender will commit a domestic violence offence,
• whether persons with whom the offender intends to reside or to continue or resume a relationship understand the requirements of the order and are prepared to live in conformity with them, so far as may be necessary,
• whether the making of the order would place at risk of harm any person who would be living with or in the vicinity of the offender
Home detention order
A court that has sentenced an offender to imprisonment may be allowed to make an order to direct that the whole or part of the imprisonment term be served by way of home detention.
Conditions, breaches and revocations of home detention
The law should prescribe conditions governing home detention, such as the offender/convict should be electronically monitored (EM), and spell out consequences of breaches of such conditions, and provide for revocation of home detention.
In the UK, research evidence about the impact of EM is inconclusive but promising. It is “highly cost effective” though. The research suggests that the overall outcomes under home detention – especially when costs are taken into account – are preferable to keeping eligible offenders/convicts in custody at the end of their term of imprisonment.
EM is a tool to monitor compliance with home detention, which is part of the sentence, and so enhance supervision in the community.
Research into the experience of being on EM also suggests it may help some people to break habits and limit opportunities to commit crime, enhancing opportunities for employment and training, and allowing relationships, including those of mutual benefit, to develop.
The evidential certainty that EM provides may act as a deterrent and incentive to comply, although monitoring alone is unlikely to help people to think and behave differently, and successfully desist from crime, in the longer-term.
Compliance while on EM may be enhanced by making the process feel as procedurally just as possible, and this means transparent, consistent decisions and procedure, and ensuring people are treated with respect and courtesy.
Home detention in New Zealand has been described as both a punitive and rehabilitation sentence. It can address the rehabilitation as well as re-integration needs of an offender/convict, while placing restrictions on them such as being confined to a specific location, and special conditions such as electronic monitoring.
Home detention further allows an offender/convict to seek or maintain employment, complete a sentence of community work if imposed, access programmes to address their offending and maintain their family relationships.
Legislation on home detention should be welcomed as a reform to the criminal justice system in the country. The prison system in the country is severely overcrowded and has been for many years now.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
