KUALA LUMPUR (Oct 18): The federal government is in the process of drafting legislation to introduce home detention as an alternative punishment for certain offences, according to Prime Minister Datuk Seri Anwar Ibrahim in a written speech.
“Offenders may be required to remain in designated locations, such as their own homes, care facilities, or worker dormitories during the detention period,” the speech stated. The arrangement would be subject to specific conditions and monitored by prison officers to ensure compliance, it added.
Notably, Anwar did not read out the item in the speech during the live broadcast of the Budget 2025 presentation on Friday. However, when contacted, the Prime Minister's Office clarified that it is considered as part of the Budget 2025 announcement.
There are no existing legal provisions allowing prisoners to serve their sentences under house arrest.
However, the Prison Act 1995 does contain a provision under Section 3 that allows for the designation of specific locations as prisons.
According to the Act, the minister may, by notification in the gazette, declare any house, building, enclosure, or place — or any part thereof — to be a prison for the purposes of the Act, enabling the imprisonment or detention of persons lawfully in custody.
Similarly, the minister has the authority to revoke such a declaration, thus ceasing the designated location's status as a prison under the Act.
The announcement came months after former prime minister Datuk Seri Najib Razak claimed that he is eligible to serve the remainder of his sentence under house arrest.
The claim was based on a "purported supplementary" order issued by the 16th Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.
However, Najib's bid to compel the federal government and the Pardons Board to disclose the alleged "supplementary order" was dismissed by the High Court on July 3.
Najib has been serving his sentence at the Kajang Prison since Aug 23, 2022, following his conviction for embezzling RM42 million from SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB).
Besides, Najib is also charged with four counts of abuse of power in enriching himself with RM2.27 billion of 1MDB funds, and 21 counts of money laundering of the same amount.
He will know whether he has to enter his defence or will be acquitted in the 1MDB-Tanore trial by end-October.
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