Home detention could offer an alternative approach to rehabilitating prisoners in Malaysia by allowing them to maintain family ties and making their eventual return to society easier, a criminology expert says.
Independent criminologist Datuk Shahul Hamid Abdul Rahim said relationships with spouses, children and other family members could provide an important support system for prisoners rebuilding their lives after serving their sentences.
He explained that a positive family environment could also serve as a form of social control, helping reduce the risk of former prisoners committing further offences.
“When prisoners are allowed to serve the remainder of their sentences at home following a risk assessment, they can maintain relationships with their spouses, children and family members.
“Families can act as a positive form of social control to reduce other risks and facilitate reintegration into the community,” he told Sinar Harian.
However, Shahul Hamid stressed that home detention should not be applied indiscriminately, as eligibility criteria, the nature and risk level of offences, and victims’ safety must all be taken into consideration.
He warned that a family environment would not necessarily be safe for every prisoner, particularly in cases involving domestic violence, abuse or offences in which family members were the victims.
“Returning prisoners to their homes could pose a serious danger to victims. Therefore, every case must first undergo a victim safety assessment,” he said.
Shahul Hamid also pointed out that Malaysia still lacked a comprehensive legal framework outlining eligibility requirements, electronic monitoring methods and procedures for dealing with breaches of home detention conditions.
He warned that the absence of transparent criteria could create perceptions of inequality in the justice system, particularly if the public believed the arrangement was only available to influential individuals.
On the home detention arrangement involving former prime minister Datuk Seri Najib Tun Razak, he said it was an individual case arising from a conditional pardon and should not automatically become a precedent for other prisoners.
He therefore proposed that Malaysia establish a home detention mechanism separate from the conditional pardon process, supported by clear eligibility requirements and risk assessments.
The system should also include rehabilitation programmes such as counselling, behavioural interventions and vocational training, alongside continuous monitoring to ensure prisoners comply with the conditions imposed.
“Home detention could become an effective rehabilitation approach for low-risk prisoners, allowing them to maintain family ties and making their reintegration into society easier.
“However, it should not become common practice until Malaysia has a legal framework, robust risk assessments and guarantees for victims’ protection,” he said.
