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House Arrest Act proposal targets remand detainees, prison overcrowding concerns: Home Minister

12:47 PM MYT

 

KUALA LUMPUR — The proposed House Arrest Act is intended to tackle prison overcrowding by focusing on remand detainees, who account for a significant portion of the prison population while awaiting the conclusion of their court proceedings.

Home Minister Datuk Seri Saifuddin Nasution Ismail said the proposal was not a new idea, adding that he had introduced it in 2024 as part of the Home Ministry’s (KDN) efforts to ease congestion in prisons and improve the management of the country’s correctional system, Bernama reported.

“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.

“Serious criminal cases have already been identified for exclusion from this 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 causes of prison overcrowding,” he said in a video posted on his Facebook page today.

Saifuddin Nasution said prison populations consisted of both convicted inmates serving sentences and remand detainees whose trials had yet to be completed.

He explained that remand detainees were individuals who had been charged in court but were either denied bail or unable to pay bail, resulting in their continued detention pending trial.

“So, this combination of convicted inmates and remand detainees contributes to prison overcrowding. For example, we currently have 41 prisons, but the prison population is 93,000. Our prison capacity is 75,000,” he said.

Under the proposed legislation, the court would have the discretion to place eligible remand detainees under house arrest, with their movements tracked through electronic monitoring devices until their trial dates.

Saifuddin Nasution said the Cabinet had also granted in-principle approval for KDN to begin drafting the proposed House Arrest Act before tabling it 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. That is the original context and purpose of the House Arrest Act that we have been discussing from the outset.

“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 said. – September 20, 2026

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