LETTER | Don't view house arrest bill with suspicion

LETTER | A bill (proposed law) for house arrest is expected to be tabled in Parliament in 2025, Home Minister Saifuddin Nasution Ismail announced.

He said the cabinet has approved the policy for the implementation of the bill, and the Attorney-General’s Chambers is drafting it.

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

A Home Detention Act should better reflect the law rather than a 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 who are eligible to serve a sentence in that way;

• provide for due assessment of eligible offenders 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;

• specifying periods of detention and the circumstances in which the offender may be absent from home;

• regulating the conduct of the offender while subject to home detention and providing for the monitoring of that conduct;

• 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. It should not also be available to certain repeat offenders.

Assessment of suitability

Offenders should be subject to an assessment of suitability 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

The law should prescribe conditions governing home detention and spell out the consequences of breaches of such conditions, including revocation of home detention.

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 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 to seek or maintain employment, complete a sentence of community work if imposed, access programmes to address their offending and maintain their family relationships.

Home detention has been provided for by law in other common law countries such as the UK, Australia and Singapore.

Legislation on home detention should be welcomed as a reform to Malaysia’s criminal justice system. It should not be viewed with suspicion.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.