Malaysian parole system effective
The Malaysian Prisons Department introduced the parole system a decade ago to ease prison congestion and assist inmates to reintegrate into society. This article examines the effectiveness of the programme and how it has helped to reduce recidivism.
KAJANG: When the parole system was first mooted by the Malaysian Prisons Department more than a decade ago, there were concerns over how the authorities would manage the risks involved, particularly that regarding public safety and security.
Ten years have now passed since the parole system was implemented in this country in 2008.
Today, there is clear evidence of its overwhelming success because, as of December 2017, recidivism (among parolees) stood at a mere 0.48 per cent, compared with 9.03 per cent for prisoners who were not paroled.
Recidivism was clearly higher before the parole system was introduced, with the rate hovering around 24 to 30 per cent from 2000 to 2004, according to Prisons Department statistics. (Recidivism refers to the tendency of a convicted criminal to reoffend.)
In fact, Malaysia currently has one of the lowest recidivism rates in the world, having outdone countries like Australia and Canada that have a recidivism rate of around 20 per cent despite having implemented the parole system for between 50 and 60 years.
The Prison Act 1995 was amended in 2008 to establish the parole system in Malaysia, which is aimed at alleviating prison overcrowding and operating costs, besides reducing recidivism and rehabilitating prisoners to ensure their successful re-entry and reintegration into society.
The Prison (Amendment) Act 2008 defines parole as the “release of a prisoner to serve any part of his imprisonment sentence outside the prison pursuant to a parole order”.
In Malaysia, parole is viewed as an extension of the custodial period, as the prisoner will be placed in the community under the correctional authority and supervision of a parole officer.
The parole system kicked off on July 28, 2008, with 64 prisoners from Kluang prison in Johor being the first batch to receive their parole order. Since then, up to March 12 this year, about 21,000 prisoners have gone on parole.
The Malaysian Prisons Department attributes the success of its parole system to the human development programme that all prisoners are subjected to and the fact that they have to fare well in the prison rehabilitation programme in order to qualify for parole.
“This (rehabilitation programme) is what sets Malaysia apart from other countries,” said its DirectorGeneral Datuk Seri Zulkifli Omar, who pointed out that any prisoner who wanted to be considered for parole would have to attain an overall score of 75 per cent in the four-phased rehabilitation programme.
“Prisoners will be appraised first before they are short-listed for parole. They must go through the process that we have set for them and score high marks.”
After the implementation of the human development programme in 2004, the Prisons Department witnessed a drop in the recidivism rate, which further improved when the parole system came about.
Zulkifli said initially the recidivism rate was computed every two years but when it fell to two to three per cent by 2012, the department decided to increase the period to three years.
“I believe that if we continue to stress on the rehabilitation programme for the prisoners, there is a possibility that the recidivism rate will drop further and the computation period can be extended to four or five years,” he told Bernama in an exclusive interview, here recently in conjunction with the Malaysian parole system’s 10th year of implementation.
He also said that the findings of several surveys carried over the years by the Prisons Department in collaboration with local universities have ascertained the effectiveness of the parole system and the prison rehabilitation programme.
In one such survey carried out five years ago by the Prisons Department and Universiti Sains Malaysia, 552 respondents comprising parolees, parole officers and community members were interviewed.
According to the findings of this survey, the parole system’s effectiveness was largely due to the positive attitude of the parole officer and parolee, as well as the support shown by the community.
More importantly, the survey found that the parolees became more independent and enjoyed a better quality of life after they were released from parole, Zulkifli added.
The Prisons Department is also viewing the parole system as a means to reduce overcrowding in prisons and cutting down costs as parolees are not required to be incarcerated.
As of March 12, there were 61,172 prisoners in Malaysia. It costs about RM35 a day to maintain a prisoner and when an inmate goes on parole, the government no longer has to pay for his upkeep as he would return to stay with his family or in the quarters provided by his employer, pointed out Zulkifli.
“Another important aspect of the parole system is that it allows the prisoners to return to society and mend ties with their families.
“When their families, employers and society accept them back willingly, it speeds up their rehabilitation process and boosts their self-confidence,” he said.
On the corporate smart internship (CSI) programme – a collaborative effort by the Malaysian Prisons Department and the private sector that was introduced a year ago to enable parolees to acquire job skills –Zulkifli said last year 576 prisoners on parole were involved in training programmes conducted by four companies at nine locations in four states.
More parolees are expected to benefit from the CSI scheme this year as the number of participating companies, mostly from the plantation, manufacturing, industrial and services sectors, has increased to eight.
Although it has only been a year since CSI was implemented, the impact has been positive as it has helped the parolees involved to gain useful skills and improve their job prospects, as well as made it easier for them reintegrate into the community.
Under the CSI scheme, parolees will be given training in both theory and practical aspects, as well as offered job opportunities.
“By giving them the required training, they can help to fill vacancies in the various sectors and reduce their employers’ dependence on foreign manpower,” said Zulkifli, adding that CSI was structured better than the job placement scheme previously used by the Prisons Department.
Under the old scheme, each district parole office is tasked with scouting for job opportunities for parolees.
“The CSI is more secure as the parolees get the chance to improve their skills and secure permanent employment. They are given the same opportunities and space without any prejudice,” he said.
He is also confident that the CSI scheme would enable the Malaysian Prisons Department to realise its target of having twothirds of prisoners undergoing rehabilitation outside the walls of the prison by 2030.
“When this two-thirds target is met, our government will no longer need to build new prisons. Only one-third of prisoners, namely the high-risk ones, will remain imprisoned.
“However, (in our endeavour to meet our target) we also have to take into account the views of the community to see if they are agreeable as we want to be fair to everyone,” he said.
Zulkifli also said that improvements would be made to the parole system from time to time to ensure that it stayed relevant to the changing times.
His department is looking into the implementation of court-ordered parole which allows the court to determine whether a prisoner is fit for parole, without him going through the Parole Board.
“Other countries like the United States provide for court-ordered parole and we are heading towards that direction too, in line with our government’s efforts to transform the Malaysian Prisons Department and expand our community rehabilitation programme,” he said, adding that only convicts committing light offences would be subject to court-ordered parole.
The parole system involves the conditional release of prisoners who are allowed to spend a part of their sentences outside the prison institution.
Generally, only petty criminals facing a minimum of one-year imprisonment are eligible for parole.
Under the fourth schedule of the Prison (Amendment) Act 2008, among the offenders not eligible for parole consideration are those facing the death sentence; detained at the pleasure of the Yang diPertuan Agong, Sultan and Yang di-Pertuan Negeri; and facing life imprisonment.
Sexual offenders and remand prisoners are also not eligible to be paroled.
To qualify for parole, a prisoner has to complete at least half of his prison sentence and undergo the prison rehabilitation programme, as well as backed by his family’s support and has employment plans after being released on parole.
The prisoner’s application for parole is considered by the Parole Board, consisting of the following members appointed by the Yang di-Pertuan Agong: a member of the judicial and legal service, senior prison officer, senior police officer, senior welfare officer and three members of the public who have expertise in the fields of psychology and social welfare.
The Parole Board issues the eligible prisoner a parole order which has 41 conditions attached to it, which includes barring the parolee from travelling overseas and making it compulsory for him to participate in a rehabilitation programme arranged by the parole officer.
The parolee is placed under the supervision of a parole officer throughout the parole period. Bernama