SIBU – A 31-year-old woman became the first prisoner in Sarawak to be released under the Licensed Release of Prisoners (PBSL) programme and was placed under home detention to serve the remaining months of her sentence.
Nini (not her real name) is the fourth prisoner in the whole of Malaysia to be put under home detention.
She had been sentenced to one-year and one-month imprisonment in January this year, and was already two months pregnant with her third child at the time.
“I am happy and grateful I was given this golden opportunity to go home earlier than the scheduled release. I can go home to my family and deliver my baby outside of Sibu prison.
“The first thing I will do when I get home is meet my children first,” she said.
Nini, who was very emotional when talking to the press, said she has two other children aged 2 and 3.
She said she would comply with all the rules set by the Prison Department and finish her sentence.
Meanwhile, state prison director Teyun Thian Eim said Nini fulfilled one of the criteria to be released under PBSL and serve home detention because she is already in her third trimester of pregnancy.
He said the department is complying with Rule 64 of The Bangkok Rules, which states that non-custodial sentences for pregnant women and women with dependant children shall be preferred where possible and appropriate. This is with custodial sentences being considered when the offence is serious or violent or the woman represents a continuing danger, and after taking into account the best interest of the child or children while ensuring that appropriate provision has been made for the care of such children”.
“We are following the standard rules set internationally – we do not simply release anyone although we do believe that imprisonment is not a solution for increasing crime cases.
“We feel that restorative justice is much more effective.”
Other criteria for consideration include prisoners sentenced to imprisonment terms of four years and below, prisoners who are senior citizens aged at least 70 years old, and prisoners with disabilities.
“One thing to remember is that home detention can only be granted if the family members or relatives are willing to accept the prisoners in their home or if non-government organisations are willing to accept them until the prisoner finishes their sentence,” he said, adding that only Malaysians are eligible for the programme.
He also mentioned that home detention in Malaysia is different from what is practised in other countries.
In Malaysia, home detention is for offenders who have been sentenced to imprisonment. Meanwhile, in other countries, home detention sentences are under the court’s jurisdiction.
“Which means that in Malaysia, power is in the hands of the Prison Department – not the court.”
Teyun also said prison officers have already identified whether prisoners are eligible for home detention the moment they enter Sibu Prison.
“The prison officers will segregate the records and check again if they truly meet the criteria needed. If they do, we will immediately process for their release under PBSL,” he said, adding no application from the prisoners was required.
He said if the prisoner under home detention violates the rules, they would be sent back to prison and charged in court for violating the release rules.
He said according to statistics, 17.6% of prisoners who were released after finishing their sentence without following any programmes will return to prison after three years.
However, only 0.24% of prisoners who were released on parole and underwent community rehabilitation programmes will return to prison after three years.
“Imprisonment is not the solution to the increasing crime in society.
“We need to support these prisoners when they leave. That is why normally before these prisoners are released, we will always guide or monitor them,” he said. – April 26, 2024