KUALA LUMPUR: The proposed House Arrest Bill will apply to remanded detainees awaiting trial, Datuk Seri Saifuddin Nasution Ismail said adding that the intention of the Bill is to address prisons overcrowding.
The Home Minister said currently there are 28,000 detainees under remand, while prisons only have capacity for 74,000 inmates.
“If the House Arrest Bill can be implemented, our hope is to give the courts to weigh in and decide whether remand detainees should be detained at home and fitted with a (monitoring) device,” he said while winding up his speech on the Supply Bill 2025.
He said convicts on death row or life sentences would not be entitled to House Arrest.
Apart from that serious offences that involve national security, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, imprisonment of ten years and above, domestic violence and offences involving children and those sentenced to mandatory caning will not qualify for House Arrest.
“We are targeting remand detainees and they are not convicted under the offences I mentioned. The courts have the discretion to let them be on house arrest,” he said.
He said the Cabinet had approved the Bill in principal and engagements would be held with stakeholders on the Bill.
Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) had questioned the need for a new law altogether as Section 3 of the Prisons Act already gave the minister the power to declare a house, building, or place as a prison.
Meanwhile, Ramkarpal Singh (PH-Bukit Gelugor) asked whether Section 3 of the Prisons Act would be repealed.
Saifuddin said the law currently does not recognise monitoring devices as a restraint device with only handcuffs being recognised as such.
“Due to this, the Attorney General’s Chambers suggested that we table a new law instead of amending the Prisons Act. When we have the new Act, we need to harmonise with the existing Act,” he added.
The proposed house arrest legislation is among the prison reforms mentioned in the Budget 2025 on Oct 18.
Eligible offenders would be required to stay at designated places such as a residential home, care facility or workers’ dormitory throughout their detention period.
The proposal drew flak from several quarters with some linking it to former premier Datuk Seri Najib Razak's recent legal suit regarding an alleged addendum on house arrest.
