Sibu woman first prisoner in S’wak to be out under licensed release programme
A 31-year-old woman became the first prisoner in Sarawak to be released under the Licensed Release of Prisoners (PBSL) programme, where she would undergo home detention for the remainder of her sentence.
‘Nini’ (not the real name) is the fourth prisoner in the whole of Malaysia to be listed under the PBSL.
She was sentenced, in January this year, to jail for a year and one month. However, the details of her offence were not disclosed to the press.
At the time, she was already two months’ pregnant with her third child. Her two other children are aged two and three.
“I am happy and grateful to have been 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 Prisons. The first thing I will do when I get home is to meet my children,” said an emotional Nini when met by reporters yesterday.
Adding on, she said she was determined to comply with all the rules set by the Prisons Department throughout the programme.
When met by the press, Sarawak Prisons director Teyun Thian Eim said Nini fulfilled one of the criteria specified under the PBSL in undergoing home detention.
“She is already in her third trimester of pregnancy.
“The department is complying with Rule 64 of The Bangkok Rules, which states that non-custodial sentences for pregnant women and women with dependent children shall be preferred, where possible and appropriate, with custodial sentences being considered when the offence is serious or violent, or the woman represents a continuing danger, and a er 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 in addressing the rise in crime cases.
“We feel that restorative justice is much more effective,” he said.
Other criteria for consideration include a prisoner who has been sentenced to imprisonment for four years and below; the prisoner is a senior citizen aged at 70 and above; and individuals with disability.
“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 some non-government organisations (NGOs) are willing to accept them until the end of their sentences,” he pointed out, also stating that only Malaysian citizens are eligible for the PBSL.
According to Teyun, home detention in Malaysia is different from those being implemented in other countries.
“In Malaysia, home detention is for offenders who have been sentenced to imprisonment; in some other countries, home detention is under the jurisdiction of the court – meaning here, the authority is in the hands of the Prisons Department, not the court,” he explained.
Teyun also said the Prisons officers should already identify the prisoners deemed eligible for home detention the moment they entered Sibu Prisons.
“The Prisons officers will segregate the records and check again if they (prisoners) truly meet the criteria. If they do, we will immediately process them for release under the PBSL.
“No application from the prisoners is needed,” he said.
Teyun also pointed out that if ever a prisoner undergoing home detention violated the rules, they would be sent back to jail and not only that, they would also be charged in court for violation of the PBSL rules.
“According to statistics, 17.6 per cent of prisoners who have been released after finishing their sentences and without following any programme, would go back to jail after three years.
“However, only 0.24 per cent of those released on parole and have undergone community rehabilitation programmes, would return prison after three years.
“Imprisonment is not the solution to (addressing) rising crime cases in society.
“We need to support these prisoners when they leave. That is why normally, before these prisoners are released, we always guide or monitor them,” added Teyun.