Current Issues in Correctional Treatment and Effective Countermeasures
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115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS CURRENT ISSUES IN CORRECTIONAL TREATMENT AND EFFECTIVE COUNTERMEASURES Zulkifli Bin Omar* I. INTRODUCTION changes in policies of prisoner daily management. It is the general consensus that the fundamental objective of corrections is Some major contemporary issues rehabilitation, whether such institutions resulting from these social, economic and are prisons, juvenile centers and other environmental changes facing correctional types of correctional institutions. Like administrators include the changing trend many other countries, Malaysia has been in prison population, overcrowding in strongly influenced by the so-called correctional facilities, improvement of treatment and rehabilitation concepts, and prison conditions, increase of drug-related strongly believe in the possibility of being offenders, shortage of effective treatment able to treat and rehabilitate offenders. programmes and the small issues that can The treatment process within the prisons easily be resolved by prison management. is clearly directed towards the preparation for an eventual return to the community II. RELATIONSHIPS BETWEEN as law abiding and socially productive THE CRIMINAL JUSTICE citizens. Their treatment should spell out AGENCIES IN MALAYSIA principles of legality and humanity, and this conforms in almost every aspect to the The administration of criminal justice in United Nations Standard Minimum Rules Malaysia is enforced and administrated by (Treatment of Offenders) 1954 and the three different agencies, that is the Police Prison Rules. (Investigation & Prosecution), the Judiciary (Criminal Justice Process) and A reasonably high economic growth the Prisons (Correctional Center for sustained by our country for the last Offenders). These agencies are separated several years has furnished and coloured in the sense of administration and the prisons population. Drastic social and jurisdiction, but they are related in their economic changes has created a great functions. This relationship can be seen impact on the annual admission of whenever there are reported crimes; it correctional institutions. The steady flow becomes the responsibility of the police. of foreign workers besides providing and When the police make an arrest, a decision fulfilling our manpower needs for the is made on whether or not to seek formal country’s growth and also contributed charges against the arrest suspects. The significantly and has been a continued police may release a suspect without upward pressure in the prison population. charges if they consider their evidence This issue of over crowding has always insufficient or admissible; or if the suspect been the priority agenda in our prison has established an alibi; if the suspect reformation. The sudden influx of HIV/ agreed to be an informant; if the victim or AIDS infected prisoners have pressured the key witnesses show reluctance to follow management to accommodate some through on prosecution; or for other * Senior Superintendent of Prison, Alor Setar Prison, reasons. When the police do seek formal Malaysian Prison Department, Malaysia charges, the prosecutor must decide 333 RESOURCE MATERIAL SERIES No. 57 whether to issue an information or seek a III. THE ROTATION OF THE bill of inducement from a grand jury. When CRIMINAL JUSTICE PROCESS a case is prosecuted, the guilt or innocence of the defendant must be determined. A Public preliminary hearing of some sorts is usually held first, where the probable cause supporting the charges is reviewed and Prison Police defense motions concerning the admissibility of the prosecution evidence are considered. Judiciary A. The Malaysian Judiciary When a person is sentenced, additional The Malaysian Constitution provides for decisions determine whether that sentence the exercise of power by the legislature, the will be served in prison or a rehabilitation executive and the judiciary. The judiciary center. Decisions are also made about what plays an important role in this balance of kinds of treatments the convicted person power. It has the power to hear and should undergo. In the case of a person determine civil and criminal matters, and sentenced to prison important initial to pronounce on the Legislative and decision concerns the kind of institution to Executive Act. To enable it to perform its which he will be sent. The principal judicial functions, impartially, the judiciary distinction is among minimum, medium is relatively independent. and maximum-security prisons. Generally, the higher degree of security, the less The judicial power of the country is comfortable the accommodation and the vested in the Federal Court, the High more limited the freedom enjoyed by Courts and the Subordinate Courts. The inmates. The prison administration within Head of Judiciary is the Lord President of the framework of its penal legislation the Federal Court. He has direct classifies the prisoners and determines the supervision over all courts, which are treatment programm for them. Therefore, headed by an administrative head, that is we can summarize that the enforcement the Chief Registrar. and the administration of the criminal justice system in essence are to arrest, B. The Malaysian Police Force sentence and rehabilitate the same The Malaysian Police Force headed by offender. The objectives of the Criminal the Inspector General of Police is charged Justice System in Malaysia in relation to with the responsibility of not only law-breakers are that it removes dangerous preventing crimes but also performing a persons from the community, it prevents variety of general duties for the protection others from criminal behavior, and it offers of the general welfare of the people. They the society an opportunity to attempt to are also responsible for investigating transform law-breakers into law-abiding crimes, detecting and identifying offenders citizens. As said earlier, these objectives and prosecuting criminals in courts. are achieved by a close working Besides all those, the police also have to relationship between the Police, the perform other duties including patrolling Judiciary, and the Prisons. coastal water and rivers, jungle operation, tracking down undesirable elements, investigating the smuggling of drugs, arms and other protected items through the 334 115TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’ PAPERS borders ensuring the safety of passengers throughout the country and to ensure traveling in the nations railway and airline consistency of administration in all the system. penal establishments in all the states. C. The Malaysian Prison Service on The Prison Department is responsible the Treatment and Rehabilitation for the administration and management of of Offenders and Juvenile 39 penal establishments in Malaysia Delinquents including the Prisons Rehabilitations’ a. Background Centers, Drug Rehabilitation Centers and In Malaysia before the Second World Advanced Approved Schools for juvenile War, the penal establishments in various delinquents. The Minister of Home Affairs Malay States, Straits Settlement (Penang, is the central and final authority for policy Singapore and Malacca) and Sabah and making and administration relating to the Sarawak were directly under the treatment of offenders in Malaysia. responsibility of the respective states and settlements. Each of which had its own INSTITUTION TOTAL prison regulations. The policy in all prisons Headquarters 3 was basically punitive in nature, i.e., Prisons 25 making the life of the prisoner hard and Rehabilitation Centers 3 unpleasant. It was hoped that such Detention Centers 1 conditions would operate as a deterrent to Advance Approved Schools 5 crime. In 1949, a centralized Prison Colleges 2 administration was set up and a Total 39 Commissioner of Prisons appointed to exercise control over the administration of The Director General of Prison is all prisons. From the year 1950 onwards, responsible to the ministry for the in keeping with modern trends of penal direction, supervision and overall control development the deterrent theory of of all penal establishments in Malaysia. At punishments was replaced by the the Prison Headquarters in Kajang, reformative theory and this had an Selangor, the Director General is assisted important impact on the department. In by a Deputy Director General and various 1953, there was a repeal of the seven head divisions at the regional level, each separate and different prison enactment’s penal institution is headed by a Director which were replaced by prison ordinance or Senior Superintendent of Prison and prison rules, which were based on the depending on the size and inmates modern concept of human treatment of population of that particular prison. They prisoners and juvenile delinquents. The are responsible to the Director General of replacement by the new legislation does not Prison with regard to the administration, cover the states of Sabah and Sarawak. security of institution as well as the These two states still practiced their own rehabilitation programmes of the inmates. ordinance and rules until the year 1995, when the Prison Ordinance 1952 was b. Roles and Functions of Malaysian replaced with the new legislation called the Prison Prison Act 1995. This new piece of The purpose and objectives of this paper legislation is a landmark in the are to enlighten the role of Malaysian development of the penal system in the Prison as a main correctional body in the country. For the first time, it became Criminal Justice System.