0Recent Development in Probation and Non custodial Measures in Malaysia

2 Malaysia ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 0Recent Development in Probation and Non custodial Measures in Malaysia I. 1Introduction has ever since handling the traditional concept of incarceration in detention until date of release. With the amendment of Prison Act 1995, various aspects of rehabilitation including non-custodial measures were being taken into consideration. There is no probation in Malaysia, Prison Department introduce on the other hand another aspect of community rehabilitation that is Parole. Other types of community rehabilitation program are Prison Department s Community Based Rehabilitation Program, Compulsory Attendance Order and Halfway House. II. 3Parole A. 7Background The study on the implementation of parole system in Malaysia has been done since the 1990's. In 2002 a series of visits and study tour had been carried out to some countries like United States, Britain, Canada and Australia explore the history of the implementation and the practice of justice system in those countries. The eligibility of inmate for this conditional release are those who have served half of their sentence, successfully undergone rehabilitation program and at lease sentence to minimum of a year imprisonment. The program have been implemented in July 2008 with initial 64 prisoners have released. At present there are 5203 prisoners that have been successfully served their time outside the prison wall. Only 2.2 % of the totals have breached the parole order. B. 8Organization In Malaysia correctional system, parole system is newly established program in order to enhance the rehabilitation program for convicts. The community based rehabilitation is seen as new approach in modern administration. Parole system is designed for the inmate who shows exemplary behavior during their incarceration. It seen as incentive which inmate must earn in order to enjoy it through demonstrating positive adjustment and fulfill the requirements stated in the program 1

Organization Structure Parole And Community Service Malaysia Prison Department DEPUTY COMMISSIONER OF PRISON DIRECTOR PAROLE AND COMMUNITY SERVICE SENIOR ASST COMM OF PRISON HEAD OF PAROLE SECTION SENIOR ASST COMM OF PRISON HEAD OF COMMUNITY SERVICE SECTION PAROLE UNIT COMPULSORY ATTENDENCE CENTRE UNIT COMMUNITY REHABILITATION PROGRAM UNIT HALF-WAY HOUSE UNIT C. 9Main Objectives i. Decreases the rate of recidivism ii. iii. iv. Promotes good conduct Is an opportunity to obtain suitable employment Encourages cooperation and involvement of society v. Reduces operational cost in prisons vi. Helps reduce overcrowding in prisons D. Recent Development i. The public has accepted parolees as part of the community. ii. Many successful stories could be highlighted such as success in the business, trade, agriculture, tailoring, manufacturing and others. The incomes they earn are able to support their livelihood and families. E. Implementation The purpose of parole system in Malaysia is to ensure inmate feel confident to rejoin the community. It helps to reduce re-offending among prisoners and the continuity of rehabilitation program even outside to the prison wall. It also could reduce congestion. The program will help smoother the integration process for prisoners to be back with their family society as one aspect of prisoner s recovery process. Through the system we hope involvement and participation of family members and as well as community members to the support the offender upon release. 2

ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 Prison Department of Malaysia through the Parole and Community Services Division has implemented the system with the setting up of 14 State Parole Office and 50 Parole District Office in the country. Parolee will be under the care and supervision of a parole officer during the period of parole. Among the main tasks of parole officer is to make a homes visit, visit to employers, intervention session and manage the community service. Parole officers also must have good rapport with parolee and their families to ensure more effective rehabilitation and cooperation. Monitoring of the person under parole to be based on the case and the level of rehabilitation obtained. Designated levels of supervision are minimum, medium and maximum. For longer sentence prisoners need maximum supervision, but for short sentence prisoners were given minimal supervision. Parole officers must also establish good relations with other government agencies, private sector and NGOs for parole program and facilitate job search. Among the government agencies and NGOs are Drug Anti National Agency, Ministry Of Health, Welfare Department, Islamic Development Department, Royal Malaysia Police, Immigration Department, Malaysia Aids Council, Malaysian Care, Malaysian Hindu Sanggam etc. F. 10Strength of the Program i. The public is able to receive parole as part of the community with good acceptance from the families, communities and employers. ii. iii. Many successful parolees could be highlighted as a role model to other. This success is evidenced by engaging in the business, trade, agriculture, tailoring, manufacturing and others. Income they can earn could support their livelihood and family. The percentage of the parole who success in program is growing over the years. This is shown from the table below:- YEAR SUCCESS (%) REVOCATION (%) 2008 97.99 2.01 2009 96.95 3.05 2010 97.28 2.72 2011 97.91 2.09 3

YEAR SUCCESS (%) REVOCATION (%) 2012 98.03 1.97 AVERAGE 97.63 2.37 III. 4Community Rehabilitation Programme A. Background The Community-Based Rehabilitation Programme is implemented as one of the National Blue Ocean Strategy (NBOS) through the combined effort of Prison Department, Malaysian Armed Forces and other government agencies. The programme emphasizes the importance of collaboration of various parties to assist prisoners (ODS-Orang DiSelia) to prepare themselves before and after released. It is focuses on how to increase opportunities for prisoners who show encouraging progress in rehabilitation to be able to survive once they walk out from prison. Through the collaboration with the Malaysian Armed Forces, inmates are placed in Correctional Rehabilitation Centre which is built inside the military camp, while inmates remains under the supervision of the prison staff. Inmates living in the Correctional Rehabilitation Center work in an army camp before they are released into the society. Inmates are also able to pursue further rehabilitation programme conducted by the Prison Department of Malaysia and the Malaysian Armed Forces personnel. In addition, they will also have the opportunity to pursue short-term courses conducted by the Labour Department of Malaysia and the Local Community College as well as opportunity to mingle or interact with the community around the camp while performing their daily activities. B. 11Main Objectives The Community-Based Rehabilitation Programme objectives are:- i. To help rebuild self-esteems among inmates. ii. As a method of integration and customization the inmates into the community before they are released. iii. Able to solve prison overcrowding. iv. Ensure ongoing mentoring to inmates while they are in Correctional Rehabilitation Center to ensure prisoners are well-prepared to be released. 4

13 Since ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 v. To return inmates to their families and communities through ongoing rehabilitation programme in which it can generate more confident among them. vi. Participation from other government agencies and NGO s in rehabilitation process for prisoners. C. 12Recent Development it s launching on March 26, 2011 up to now there are five Correctional Rehabilitation Center throughout the country. i. Correctional Rehabilitation Centre Mahkota Camp in Kluang, Johor ii. Correctional Rehabilitation Centre Sultan Abdul Halim Mu'adzam Shah Camp, Jitra Kedah iii. Correctional Rehabilitation Centre Desa Pahlawan Camp, Kota Bharu, Kelantan iv. Correctional Rehabilitation Centre Syed Sirajuddin Camp, Gemas, Negeri Sembilan v. Correctional Rehabilitation Centre Batu 10 Camp, Kuantan, Pahang A total of 1200 male inmates ranging from various ethnic have the opportunity to participate in this programme at a time. They involve in maintenance work in the camp, landscaping and minor repairs while some of them participate in agriculture or fisheries activities. Inmates are paid an allowance of RM200 per month for their services. They also insured in order to provide personal protection. D. Implementation In order to reduce the incidence of recidivism, it is in need of a new rehabilitation programme. This new approach is done outside the prison wall and involves the participation of other agencies. The programme covers the inmate's rehabilitation and integration process into the society. Besides working in the camp, the inmates are also, enrolling in short courses or other activities as approved by the Commissioner General of Prisons. The implementation of rehabilitation or intervention programme for inmates involves Prisons Department of Malaysia, Armed Forces through the Directorate of Education and Army Corps of Religion (KAGAT) and Non-Governmental Organizations (NGO). Rehabilitation programme covering aspects of thinking, psychosocial, religious and cross-cultural modules. Family counseling and family-friendly programme also provided for persons under supervision so that they can continue to the nurturing of family values and responsibility. In addition some local NGOs have been also involved 5

with religious lecture for Persons Under Supervision in Islamic Teaching, Christianity, Buddhism and Hinduism. Besides the cooperation from the Malaysian Armed Forces, two other departments are also involved in the programme. They are the Department of Agriculture and Department of Fisheries Malaysia to develop inmates in agricultural and fisheries skill. Prisons Department has also established cooperation with other agencies in providing vocational skill for inmates. Among them are the Department of Manpower, Ministry of Human Resources, Labour Department of Peninsular Malaysia and Local Community Colleges. G. Strength of the Programme Since implemented in March 26, 2011 and to date (February 14, 2013) a total of 3763 inmates have undergone the programme. About 2051 inmates have been released from the Correctional Rehabilitation Center and a total of 512 inmates has been released on Parole Order. From a total of 2051 inmates released, 1853 inmates or 90.34% have gained employment and 9.66% are still looking for jobs and they will be assisted by Parole Officers. So far the number of recidivism among former inmates of this programme is relatively low, which is 0.24%. Through this programme, the Malaysian government need not build new prisons where 1200 inmates can be placed in Correctional Rehabilitation Center at one time. The cost of building five (5) Correctional Rehabilitation Center in a military camp is RM 22,884,300.06, and is far lower than building a new prison. For example, the construction of Perlis Prison with a capacity of 800 offenders costs RM 135 million. This programme has saved government expenditure and public fund. Statistics of ODS at 14 February 2013 No. Community-Based Rehabilitation Centre Current ODS ODS Parole Order on ODS Released Total Recidivist 1 Mahkota Camp, Kluang, Johor 200 129 328 657 01 2 Sultan Abdul Halim Camp, Jitra, Kedah 200 97 403 700-3 Syed Sirajudin Camp, Gemas, N Sembilan 400 129 611 1140 03 6

ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 No. Community-Based Rehabilitation Centre Current ODS ODS on ODS Total Recidivist Parole Released Order 4 Desa Pahlawan Camp, Kota Bharu, Kelantan 200 80 380 660-5 Batu 10 Camp, Kuantan, Pahang 200 77 329 606 01 Total 1200 512 2051 3763 05 Number Of Prison Staff Involves No. Community-Based Rehabilitation Centre No. Of Staff 1. Mahkota Camp, Kluang, Johor 43 2. Sultan Abdul Halim Camp, Jitra, Kedah 41 3. Syed Sirajudin Camp, Gemas, N Sembilan 74 4. Desa Pahlawan Camp, Kota Bharu, Kelantan 41 5. Batu 10 Camp, Kuantan, Pahang 43 Total 242 IV. 5Compulsory Attendance Order A. 14Background Compulsory Attendance Order is an alternative sentence to imprisonment. The order issued by the Court on offenders to undergo compulsory work not exceeding 3 months and 4 hours a day in locations determined by the Compulsory Attendance Officer. In Malaysia the idea of Compulsory Attendance Order has been implemented by the Prison Department through 1954 Act. B. 15Main Objectives The Compulsory Attendance Order objectives are:- i. To provide opportunities for offenders serving a sentence outside prison without disrupting daily life. 7

ii. iii. iv. To create awareness and instill a sense of responsibility of the offender to the community and the country as well as to benefit the community through compulsory work performed. To reduce the impact of prison on the offender for a light sentence. To prevent the loss of jobs as a result of if being detained in prison. C. 16Recent Development Since September 1, 2010, there are 12 State and 54 districts in Peninsular Malaysia have begun to implement the Compulsory Attendance Order. The successful implementation of this has prompted the Government of Malaysia to expand Compulsory Attendance Order in Sabah and Sarawak. On 16 September 2011 the government approved the implementation of the Compulsory Attendance Order through Distance gazette and expansion of the act. Presently there are 65 district implement this program with 954 offender successfully completely the order. D. Implementation In implementing the Compulsory Attendance Order, Prison Department is not free from facing challenges. Among the challenges is to ensure that the programme is running in accordance with the procedures which have been stipulated. Besides that, other challenges are; Public perceptions of the offender as well as doubts about the effectiveness of this programme. Cooperation from the agency to accept the offender to undergo a compulsory work orders. Conducting activities and modules should be in line with their offenses Level of knowledge and skills possessed by supervisors must achieve the required level. The Malaysia Prison Department has taken proactive steps where Prison Officer in the districts to communicate directly with government agencies, private sectors, NGOs and others to get feedback and collaboration. The result is overwhelmed when nearly 95% support and assist in the implementation of the Prison Department Compulsory Attendance Order. The Prison Department also increases the knowledge to them by conducting relevant courses. E. Strength of the Programme Implementation of the Compulsory Attendance Order by Malaysia Prison Department has a major impact on the country and society. Positive effects that can be explained as a result of the implementation of compulsory attendance order are; 8

ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 i. Able to reduce operating costs of prisoner where the Prisons Department can save RM 3,005.100.00 to accommodate a total of 954 offenders should they be in prison for a period of 3 months. ii. Expand the role of the Prison Department in correctional programs and as a result managed to reduce the recidivism rate and reduce congestion in prisons. iii. Help to speed up the trial for minor and reduce backlog cases. iv. Able to increase public trust and NGOS to ensure these offenders can be helped and will not repeat their offenses. v. Provide opportunities for offenders to give back to the community and realize the offense committed. Besides that offender are also able to continue leading normal life without affecting their income. COMPULSORY ATTENDANCE CENTRE Statistic of Compulsory Attendance Order at 22 February 2013 No. STATE CURRENT REVOKED FINISH TOTAL 1 PERLIS 0 0 32 32 2 KEDAH 22 0 71 93 3 P.PINANG 1 1 67 69 4 PERAK 9 0 119 128 5 SELANGOR 1 0 93 94 6 WILAYAH PERSEKUTUAN 7 NEGERI SEMBILAN 17 0 116 133 1 0 22 23 8 MELAKA 4 0 64 68 9 JOHOR 7 0 180 187 9

No. STATE CURRENT REVOKED FINISH TOTAL 10 PAHANG 4 0 55 59 11 TERENGGANU 0 0 11 11 12 KELANTAN 5 0 46 51 13 SABAH 4 0 1 5 14 SARAWAK 4 0 6 10 V. 6Halfway House A. 17Background TOTAL 79 1 883 963 Halfway Houses are temporary placement offered by the Malaysia Prisons Department to quarters ex-prisoners. The launching of the Halfway House was held in September 29, 2011 in Kuala Lumpur by the Deputy Minister of Home Affairs. B. 18Main Objectives The Halfway House objectives are; i. To provide opportunities for ex-prisoners in the process of reintegration in society ii. iii. iv. To implement sustainability in the recovery process To provide greater opportunities for ex-convicts to jobs according to the skills possessed. To provide temporary shelter to ex-prisoners before they get a proper home. C. 19Recent Development Since its launch on September 12, 2012 up to now there are 14 Halfway House which has been operating. Among them are; i. Penang Halfway House 10

ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 ii. iii. iv. Perak Halfway House Pahang Halfway House Terengganu Halfway House v. Selangor Halfway House vi. vii. viii. ix. Perlis Halfway House Johor Halfway House Melaka Halfway House Negeri Sembilan Halfway House x. Kelantan Halfway House xi. xii. xiii. xiv. Kuala Lumpur Halfway House Kedah Halfway House Sarawak Halfway House Sabah Halfway House To dates, there are 512 ex- prisoners who been accommodated the Halfway House, while at present 52 ex-prisoners are staying in the Halfway House. D. Implementation Malaysia Prisons Department feels the need to be protecting newly released prisoners who have problems adapting to the society. Thus, Halfway House provides services to help residents in transition or integration with the community. Halfway House resident to be guided into society as productive individuals and adhere to the law. Counselors also play a role in providing guidance and help to solve the problem of residents from time to time. This includes support groups, drug addiction counseling, individual counseling and others. E. Strength of the Programme Since first launched on September 29, 2011 until now there are 14 Halfway House has been successfully established. A total of 95% out of the 512 residents who have been accommodated in the Halfway House has obtained employment. As a result, the rate of crime has reduced. 11

Statistic of Halfway House in Malaysia at 22 February 2013 NO HALFWAY HOUSE CURRENT FINISH TOTAL 1 RP PERLIS 1 19 20 2 RP KEDAH 4 37 41 3 RP P.PINANG 6 61 67 4 RP PERAK 2 5 7 5 RP SELANGOR 5 47 62 6 RP WILAYAH PERSEKUTUAN 7 RP NEGERI SEMBILAN 3 101 104 6 22 28 8 RP MELAKA 1 18 19 9 RP JOHOR 1 29 30 10 RP PAHANG 4 41 45 11 RP TERENGGANU 4 25 29 12 RP KELANATAN 16 79 13 RP SABAH 0 20 20 14 RP SARAWAK 1 6 7 TOTAL 54 510 564 12

ASEAN Plus Three Conference on Probation and Non-custodial Measures 2013 Number of Prison Staff at Halfway House NO HALFWAY HOUSE NO. OF STAFF 1 RP PERLIS 3 2 RP KEDAH 3 3 RP P.PINANG 3 4 RP PERAK 3 5 RP SELANGOR 3 6 RP WILAYAH PERSEKUTUAN 3 7 RP NEGERI SEMBILAN 3 8 RP MELAKA 3 9 RP JOHOR 3 10 RP PAHANG 3 11 RP TERENGGANU 3 12 RP KELANATAN 3 13 RP SABAH 3 14 RP SARAWAK 3 VI. Conclusion TOTAL 36 Parole System in Malaysia has a positive impact on rehabilitation of prisoners. Malaysia parole system which is adopted from Australian system has much benefited the prisoners. After five years of implementation, just 35 re-offence cases detected. The spirit 13

of parole system will see more prisoners serving their sentence outside the prison wall. Release on parole could strengthen the family ties which may have broken or may have very fragile connection due to imprisonment impact. Through the implementation of the Community-Based Rehabilitation Programme, serving time is never a waste of time. The period of incarceration allows inmates to prepare themselves with skills and knowledge. Successfully rehabilitated inmates will be able to become productive citizens who are capable of working to stimulate the economy and reduce social problems. The safety of the community will be better protected because inmates have been successfully rehabilitated and able to face any challenges in life. The benefits of CAC orders are contrasting to short-term custodial sentences and diverse, its incorporate costs savings for the public fund, offender s education or employment need not be interrupted, offender s links with family and the community will not be inhibited, the possibility of reparation being made to victims, benefits to communities through the work undertaken and a reduction in overcrowding in Malaysia Prison system. Looking at the present situation, the establishment of Halfway House was timely. Halfway Houses able to provide placement and recovery programme that is organized according to the current needs of resident. This has also been implemented by a number of countries around the world and proves that it provides tremendous benefits to the country. 14