Proposed House Arrest Act targets prison overcrowding among remand detainees

KUALA LUMPUR: The proposed House Arrest Act aims to address prison overcrowding, particularly among remand detainees who make up a significant portion of the prison population while awaiting trial.

Home Minister Datuk Seri Saifuddin Nasution Ismail stressed that the proposal is not new, noting he had mooted it as a Home Ministry initiative since 2024 to manage the country's correctional system more effectively.

"The concept we have been discussing from the outset is clear, namely that for remand detainees who meet the requirements, the court may consider placing them under house arrest with electronic monitoring until their trial," he said.

He added that serious criminal cases have already been identified for exclusion from the proposed mechanism.

"We do not yet have an act or law on house arrest. Previously, I mooted introducing one specifically for remand detainees, as remand detainees are one of the main causes of prison overcrowding," he said in a video uploaded on his Facebook page today.

Saifuddin Nasution said prison inmates comprise convicted individuals serving sentences and remand detainees whose court proceedings remain pending.

Remand detainees are individuals who have been charged but were either denied bail or unable to post bail, resulting in their detention ahead of trial.

"This combination of convicted inmates and remand detainees contributes to prison overcrowding. For example, we currently have 41 prisons, but the overall prison population is 93,000 against a capacity of 75,000," he said.

If passed, the law would enable courts to place eligible remand detainees under house arrest, monitoring their movements using electronic devices until their trial date.

Saifuddin Nasution said the cabinet has granted in-principle approval for the ministry to draft and table the House Arrest Act in Parliament.

"The original objective remains the same, namely to reduce prison overcrowding and ensure that the country's correctional system can be managed more effectively," he said.

"If the Bill is passed, we can release these remand detainees to their homes and equip them with modern devices to monitor their movements until their trial date. That is the original purpose we have been discussing," he added. — BERNAMA