PROMOTING PUBLIC SAFETY AND CONTROLLING RECIDIVISM USINGEFFECTIVE INTERVENTIONS AMONGST ILLICIT DRUG OFFENDERS:
AN EXAMINATION OF BEST PRACTICES.
Raja Shahrom bin Raja Abdullah*
I. INTRODUCTION
Malaysia has been developing steadily for almost 50 years and has become a nation that is able to sustain
a high level of economic growth, political stability and most importantly, a sense of social safety and security.
Nevertheless, crimes against women and children, drug trafficking, housebreaking and vehicular and otherthefts paint a frightening portrait of the changing dimensions and scope of crime facing the community. Insuch an environment, the Royal Malaysia Police (RMP) has to recognize that its countermeasures may notkeep pace with rapidly changing society and the criminal activities within it. Therefore, the RMP strives tocontinually enhance co-operation with all government agencies, non-governmental organizations,community leaders, and communities in the fight against crime. As the prime organization responsible for
upholding the law in the country, the RMP needs to develop the flexibility and skills necessary to respondrapidly and appropriately to differing and frequently changing needs and expectations. Obviously, thequestion of creative and innovative ways of solving problems of crime requires changes in thinking, action,
approach, system, procedure, rules and regulations. Therefore the RMP support promoting public safety
through controlling recidivism by using effective interventions with offenders. Nevertheless, it needs
thorough examination to avoid the public becoming victims of any failure in the implementation of thesystem.

II. OBJECTIVES AND AGENCIESS
The drug problem remains one of the most serious in Malaysia. The Malaysian Government views theillicit drugs problem with grave concern. To give fresh impetus to the combating of drugs, the National Drug
Council was replaced by The Cabinet Committee on Drugs chaired by the Hon. Prime Minister who is also
the Minister of Internal Security. It has been actively monitoring the development of the drug situation andthe efforts made by the various agencies to combat the problem. Therefore, the purpose of this paper is toshare Malaysia’s experiences pertaining to the policies and efforts of the Government agencies and the RMP
to curb recidivism among illicit drugs offenders. Since 1983, Malaysia has declared drug abuse to be thenation’s ‘number one enemy’. Drug abuse not only reduces the potential human resources of the country but
has also contributed to an increase in crime, as such creating fear of crime amongst communities. Evidence
has shown that drug abusing offenders also involved themselves in criminal activities such as vehicle thefts,
housebreaking, robbery, minor offences, and rape and murder cases. Unofficial records have shown thatabout 30% to 40% of those people arrested for all categories of crime offences in the country were abusers if
illicit drugs. Reducing the relapse of drug abusers, especially amongst the younger generation, will reduce
crime. Therefore, using the justice system to intervene effectively to control recidivism and curb the use ofillicit drugs amongst young people has always been high on the national agenda. Malaysia has spent billionsof dollars to build rehabilitation centers for drug abusers all over the country in an effort to control
recidivism with the intention of promoting public safety.

A. Drug Laws and Government Agencies
Drug abuse is not a new issue. Public opinion of the activity changes depending on the perspective of thetimes. At one time, drugs were a trading commodity. But since the Geneva Convention (No. 1) in 1925, theGeneva Convention (No. 2) in 1931 and the New York Narcotics Declaration in 1961, the Government of
Malaysia has been rethinking the issue and has considered the impact of drug abuse on societies. Under the
Malaysian judicial system, use of illicit drugs is an offence under the Dangerous Drugs Act 1952. To avoid
recidivism amongst drug dependents, Section 15 of the said Act mentions that, “any person who:(a) administers to himself or suffers any other person, contrary to the provisions of section 14, toadminister to him any dangerous drug specified in Parts III and IV of the first schedule; or(b) is found in any premises kept or used for any of the purposes specified in section 13 in order that any* Deputy Head of Criminal Investigation Department, Johor Police Contingent, Royal Malaysia Police.

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such dangerous drug may be administered to or smoked or otherwise consumed by him,shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding five
thousand Malaysian Ringgit (RM5,000) or to imprisonment for a term not exceeding two years.”
Provisions under Section 6 of The Drug Dependants (Treatment and Rehabilitation) Act 1983 have given
power to a Magistrate to:(a) “order such person to undergo treatment at a Rehabilitation Centre specified in the order for aperiod of two years and thereafter to undergo supervision by an officer at the place specified in theorder for a period of two years; or(b) order such person to undergo supervision by an officer at the place specified in the order for a periodof not less than two and not more than three years.”
Given the police and executive’s powers in the Acts, the Narcotics Investigation Department (NID) of theRoyal Malaysia Police is the main agency for the enforcement of drug laws. The Royal Malaysian Customs isanother department involved in enforcing the drug laws and the task is carried out by its Narcotics Division.
To a lesser extent, The Pharmaceutical Services Department of the Ministry of Health also enforces the
drug laws, in particular the Poisons Act 1952 which controls the sale, import and export of poisons,precursors and essential chemicals. The National Anti-Drug Agency under the Internal Security Ministry as
the focal point, is responsible for the formulation of policies relating to drugs, especially preventive
education and treatment and rehabilitation of drug dependents.
1. Narcotics Investigation Department, Royal Malaysia Police (RMP)
Drug law enforcement is the responsibility of every officer of the Royal Malaysian Police, irrespective ofrank or the division to which he or she is attached. This is in line with the provision of Section 3(3), Police
Act 1967 which emphasizes that it is the responsibility of a police officer to apprehend and prosecute any
offenders.
However, the task of combating the drug menace became increasingly challenging. Thus, on 2 January
1996, the Narcotics Investigation Department of the Royal Malaysia Police was formed to replace the Anti
Dadah Branch (NID) of the CID. By virtue of the formation of the NID, it became the main drugs law
enforcement department in Malaysia.
The main mission of the NID of the RMP is to reduce demand and suppress the supply of drugs in
Malaysia. As such, special emphasis and attention to the drug menace is given by planning and integrating
law enforcement programmes and activities with various government inter-departments, also with the drug
enforcement agencies at the regional and international level. The terms of reference of the NID are as
follows:i) to gather intelligence related to drug trafficking;ii) to investigate, apprehend and prosecute drug traffickers and syndicate members;iii) to freeze, seize and forfeit properties of suspected drug traffickers;iv) to co-ordinate and supervise movements and activities of former addicts and drug offenders;v) to stop the trafficking of drugs, including chemicals used to process drugs;vi) to maintain records, details and statistics regarding addiction, smuggling and trafficking;vii) exchange of intelligence with local and foreign agencies to provide local and overseas training.
2. National Anti-Drugs Agency
The National Anti Drugs Agency under the Ministry of Internal Security was set up in 1996 to monitor
and control the drug situation in Malaysia. Its functions and powers have now been formalized under the
National Anti Drugs Agency Act 2004.
The objective of the National Anti Drugs Agency is to ensure that national efforts in combating the drug
menace are carried out in a planned, integrated and co-ordinated manner to create a drug-free society. The
National Anti Drugs Agency operates at the Federal, State and District levels. The terms of reference of the
National Anti Drugs Agency are as follows:i) to implement preventive programmes;ii) to implement drug treatment and rehabilitation programmes;

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iii) to upgrade the system for data collection and to carry out evaluation on the effectiveness of allnational anti drug programmes;iv) to enhance regional and international co-operative efforts to combat drug problems; andv) to serve as a Secretariat to the Cabinet Committee on Drugs and its Action Committees.

III. OVERVIEW OF THE DRUG ABUSE SITUATION
From 1988 to October 2006, 298,391 drug addicts were identified throughout the country. The total
number of addicts detected from January to October 2006 was 19,369 persons. 8,628 (44.55%) were newcases and 10,741 (55.45%) were relapse cases.

A. Types of Drugs Used
Of the 19,369 addicts identified from January to October 2006, 7,042 were heroin users, 4,856 usedmorphine, 4,414 used cannabis, 528 used psychotropic pills, 2,040 used syabu or methamphetaminehydrochloride, 130 used ecstasy/MDMA, 187 used amphetamines, 157 used codeine, nine used inhalants,
and six used opium.
inhalant
0.05%

metamphetamine
10.53%

amphetamine
0.97%

ecstasy/MDMA
0.67%

codeine0.81%
heroin36.36%

psychotropic pills
2.73%
cannabis22.79%
morphine
25.07%

opium
0.03%

B. Trends and Types of Drug Users
Method of use

2005

Percentage (%)

Chasing/sniff

24,939

76.01

Smoke

5,064

15.44

Swallow

1,529

4.66

Inject

854

2.60

Drink

412

1.26

Inhale

10

0.03

TOTAL

32,808100%

Source: National Drug Information System

1. Injecting Drug Users (IDU) Infected By Aids and HIV
As of June 2006, the number of HIV cases reported was 6,120 and the number of AIDS cases reported
was 1,211. 78.5% of HIV/AIDS patients are injecting drug users. The accumulated total at 30 June was73,427 persons.
2. Drug Seizures
Seizures of psychotropic pills showed an increase compared to 2005. Seizures of all types of drugs by thevarious authorities in 2006 are as follows:136135TH INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERSSEIZURES IN
JAN - OCT. 2005

SEIZURES IN 2006
JAN - OCT. 2006

193.34 kgs

213.19 kgs-

1.13 kgs

0.29 kgs

2.82 kgs

Cannabis2,238.76 kgs

998.46 kgs

Psychotropic pills

54,454 kgs

346,194 kgs

Ecstasy pills

2.80 kgs

93.94 kgs

Syabu

138.47 kgs

35.48 kgs

TYPE OF DRUGS
HeroinRaw opium
Prepared opium

Source: National Drug Information System, National Anti-drugs Agency

C. Arrests of Drug Offenders
The number of arrests of drug offenders in 2006 showed a decrease compared to 2005 when 37,631
persons were arrested under the Dangerous Drugs Act (DDA) 1952 and the Dangerous Drugs (Special
Preventive Measures) Act 1985. For the previous year the number was 39,425. In 2006 the number of
persons arrested under Section 39B, which carries the mandatory death penalty, was 1,316. That same year,
the number of offenders under Section 39A (possession of illicit drugs) was 2,473. The number of offenders
under the various other sections of the DDA in 2006 was 31,822.
IV. INTERVENTION TO CURB RECIDIVISM AMONG ILLICIT DRUG OFFENDERS
A. Legislative Review
In a recent development the Government of Malaysia has undertaken a review of drug laws andlegislation covering prevention, treatment and rehabilitation. This reflects the seriousness of the national
effort to curb drug trafficking and recidivism relating to drug abuse amongst the young. Existing laws areunder continuous scrutiny to identify weaknesses and consequently to enhance their effectiveness.
Malaysia’s drug laws are to be found in five major statutes. They are:i) Dangerous Drugs Act 1952ii) Poisons Act 1952iii) Drug Dependants (Treatment and Rehabilitation) Act 1983
iv) Dangerous Drugs (Special Preventive Measures) Act 1985v) Dangerous Drugs (Forfeiture of Property) Act 1988.
1. Dangerous Drugs Act 1952
The Dangerous Drugs Act 1952 is the key piece of legislation in relation to drug control in Malaysia. ThisAct is very extensive, covering aspects of offences, procedures and evidence. It provides, inter alia, amandatory death sentence for drug trafficking offences. This legislation has been amended several times inorder to keep abreast with the upsurge in drug trafficking activity and abuse of illicit drugs.
2. Poisons Act 1952
The Poisons Act 1952 is aimed at controlling the import and sale of poisons. The term ‘poisons’ refers to
any substance specified in the Poisons List and includes any mixture, preparation, solution or natural
substance containing substances other than an exempted preparation or an article or preparation included forthe time being in the Second Schedule of the Act. The types of poisons that fall under the control of this Act
include substances used for industry, medicine and agriculture. Some poisons have been classified as
psychotropic substances and can only be obtained through prescription by medical practitioners,
veterinarians or dentists. Lisensed pharmacists can sell or supply psychotropic substances. Doctors cannot
supply these psychotropic substances for the treatment of their patients.
3. Drug Dependents (Treatment and Rehabilitation) Act 1983
The Drug Dependants (Treatment and Rehabilitation) Act 1983 is a comprehensive piece of legislation
covering all aspects of treatment and rehabilitation. This Act came into force on 15 April 1983. The Drug

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Dependants (Treatment and Rehabilitation) Act 1983 provides for both compulsory treatment andrehabilitation of any person who has been certified as dependent as well as for voluntary treatment andrehabilitation. The period of treatment and rehabilitation at rehabilitation centres is for two years. Thisinstitutional treatment and rehabilitation is followed by aftercare for another two years.
4. Dangerous Drugs (Special Preventive Measures) Act 1985
This preventive detention law that came into force on 15 June 1985 replaced the Emergency (Public
Order and Prevention of Crime) Ordinance 1969. It is aimed at enhancing the effectiveness ofcountermeasures taken by the relevant authorities against those who are involved in drug trafficking. It
empowers the government to detain anyone suspected of being a trafficker without having to bring thesuspect to any court of law. As ‘sunset’ legislation, it was given an initial life of five years, from 15 June 1990
to 15 June 1995. This legislation was further extended, till 15 June 2005. Until December 2002, 25,908
persons had been detained under this Act.
5. Dangerous Drugs (Forfeiture of Property) Act 1988
Drug trafficking remains rampant despite provision for a mandatory death sentence on those convicted ofdrug trafficking. Despite the penalty, many are still willing to take the risk because drug trafficking remains
lucrative. In cognizance of this, the Government has introduced the Dangerous Drugs (Forfeiture of
Property) Act 1988, which came into force on 10 June 1988. It empowers the relevant authorities to trace,
freeze and forfeit assets of convicted drug traffickers.

B. The National Anti-Drug Agency Bill 2004
New legislation has been passed by Parliament. The new legislation provides for the establishment of the
Agency. It confers powers upon officers of the National Anti Drugs Agency to execute preventive measures,
treatment, rehabilitation, enforcement, investigation, special preventive measures and to forfeit property
under the relevant Acts.
C. Cabinet Committee on the Eradication of Drugs and its Sub-Committees
The new Cabinet Committee on the Eradication of Drugs has been formed, chaired by the Hon. Prime
Minister. Under the Cabinet Committee there is an Action Committee and Sub-Committees. The aim ofthese committees is to oversee and review the implementation of the National Drug Control Strategy and toensure effective implementation. There are three sub-committees that act as the working group. Theysuggest new policies for implementation or review existing policies and make recommendations and reports
to the Action Committee. The Action Committee decides on the recommendations and reports to the
Cabinet Committee accordingly. If policy changes are required, it makes recommendations to the Cabinet
Committee on the Eradication of Drugs for a final decision. The three Cabinet Sub-Committees currently
focus on the core areas, i.e.:i) Prevention Education and Publicityii) Lawiii) Treatment and Rehabilitation.
V. OVERVIEW OF THE NATIONAL DRUG CONTROL STRATEGYThe National Drug Control Strategy is focused on eliminating the demand for and the supply of drugs
through the following strategies:i) Preventionii) Enforcementiii) Treatment and Rehabilitationiv) International Co-operation (supporting strategy).

A. Demand Reduction Programmes
Primary prevention programmes involve prevention education in schools and dissemination of
information to the public. The programmes are aimed at insulating members of society, especially youths,
from falling prey to the drug scourge. The activities carried out in 2004 and ongoing in 2005 fall into threebroad categories:i) Advocacy and Information programmesii) School based programmes

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135TH INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERSiii) Community involvement programmesiv) Parents based drug prevention programmesv) Workplace based drug prevention programmes.

B. Overview of Drug Treatment and Rehabilitation - One-Stop Centre Concept
The philosophy of this initiative is that ‘...addicts are not criminals but persons who are in need oftreatment and rehabilitation, love, care and guidance rather than punishment and rejection.’ Malaysia is oneof the few countries in the region that has developed a compulsory rehabilitation programme for drug
dependents. Every dependent can be ordered to undergo treatment and rehabilitation for his/her addiction
for a specific period of time as provided for under the laws and regulations relating to treatment andrehabilitation. The objective of the treatment and rehabilitation programme is to enable drug dependants toovercome their physical and psychological addiction to drugs and to thereafter live a drug-free lifestyle. It isa strategy to avoid recidivism among illicit drug abusers. The National Drugs Agency implements two
methods of treatment and rehabilitation:i) Rehabilitation in an Institution - a controlled environment whereby the addict will undergo treatment
and rehabilitation for two years.
ii) Rehabilitation in the Community - aftercare supervision for ex-addicts following release from theInstitution. They continue to receive treatment, rehabilitation and supervision for two to three years
in the community.
The objectives of the treatment and rehabilitation are as follows:i) to treat and rehabilitate the drug addicts;ii) to make the drug addicts free from physical and psychological dependency on drugs;iii) to reintegrate former drug dependents into society as functional, productive and drug free
individuals.
A suspected addict can be detained for a period of 14 days for urine testing and medical examination toascertain his or her status. If certified to be an addict, a magistrate, guided by advice contained in the Social
Report, can either commit him or her to an institutional rehabilitation programme or place him or her under
the supervision of a Rehabilitation Officer. Currently there are about 5,000 addicts who are undergoingtreatment and rehabilitation at the 29 government managed centres. There are also about 66 privately
managed drug treatment and rehabilitation centres. The Government has established 18 Anti-Drug Service
Centres. The role and functions of these centres are as follows:i) to plan and implement drug preventive programmes at the district level;ii) to provide facilities for drug treatment and rehabilitation for volunteering drug addicts;iii) to provide counselling and advisory services to those who require such services;iv) to manage and determine the rehabilitation programme that would best suit the addicts who arereferred to the centre by the police or by addicts who volunteer for treatment and rehabilitation;v) to provide follow-up services to those addicts who have been placed under the Supervision
Programme and for those who have finished their programme at the Government Treatment andRehabilitation Centres.

C. Multi-Disciplinary Approach
The psycho-social model practiced in institutional rehabilitation is multi-disciplinary in approach, where
the emphasis is on behavioural change through emotional and psychological rehabilitation. The rehabilitationteam consists of social counsellors, medical officers, religious teachers, education and military personnel,
vocational instructors, and security officers.
D. Emphasis on Discipline
The discipline component of the rehabilitation programme consists of drills and physical exercises.
Physical rehabilitation is based on the ‘tough and rugged’ concept which includes physical training and drills
aimed at instilling discipline. The regime is intended to ‘beef-up’ the often fragile physical make-up of an
addict and improve his or her personal discipline, which is imperative in changing the lifestyle of an addict.
Since the introduction of the discipline component, the administration of the rehabilitation programme in the
ONE-STOP CENTRES has become more manageable. There is notable decrease in problems such as failure
to attend counselling sessions or religious and academic classes, malingering, improper behaviour, etc.
Generally there is better control in the administration of these centres.

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E. Overview of Intervention Activities with Non-Government Organizations, Private Sector andMass Media
Activities with non-governmental organizations are carried out in drug prevention activities, aftercare
and in the social reintegration of addicts into society. Some of the organizations are: PEMADAM, involved
with prevention; PENGASIH, assisting HIV/AIDS infected addicts; and PENDAMAI and Malaysian Care,assisting addicts. Other community based organizations like the Neighbourhood Committees, Village
Development and Security Committees, women’s organizations and youth organizations also participate in
drug prevention activities.
Private sector involvement is through their support of national level anti-drug campaigns and particularly
in supporting drug prevention programmes in the workplace. Private sector participation has also beenencouraged in the production of posters, leaflets and billboards promoting the anti-drug message. Media
involvement in Malaysia has been through the participation of the Ministry of Information providing
coverage for national and international conferences and events, campaign launches, television and radio talkshows. Controlling recidivism through collaboration has always been supported by the NGOs, hand-in-handwith Government agencies. Examples of NGOs actively involved in such efforts are listed below.
i)

MERCY Malaysia, together with the National Anti-Drug Agency (Agensi Anti Dadah Kebangsaan AADK), in Kuala Lumpur are organizing a series of Mobile Clinics as part of MERCY Malaysia’s
Drug Rehabilitation and Assistance Programme. The mobile clinics provide basic medical
examinations for those trying to reform. By providing this basic medical aid, MERCY Malaysia hopes
to increase their standard of healthcare thus helping to improve the reformers’ path to recovery.
Since it was launched in April 2006 a total of 341 patients have been treated, with symptoms
including coughing, skin diseases, hypotension and abdominal discomfort. This collaboration is tocomplement the National Anti-Drug Agency’s efforts to ease the pain of reformers recovering fromtheir addictions.

ii)

SPENGASIH Malaysia Association reaches out to all communities through awareness campaigns. It
provides services ranging from prevention efforts to help for those who have fallen into drug
addiction. PENGASIH offers opportunities for much needed knowledge, skills and support toreforming addicts during their treatment and rehabilitation. At the same time PENGASIH also
strengthens the programme by giving treatment to the families of recovering users as well. Families
need to know how to manage recovering users when they return home. They must know the right
way to monitor recovery, amongst other things. Family support has a major impact on the
rehabilitation of former users.

Continuous recovery from addiction is the main goal of all former drug users. It is not an easy path totake, filled with a haphazard assortment of challenges and difficulties. Only those who are steadfast enoughwill continue with the recovery path. They are usually well equipped with the right knowledge, skills
support and genuine sincerity. Nevertheless aftercare and supervision is very important to ensure thesuccess of the programmes. Counselling and guidance for the individual, group and their family are given.
Community plays an important role in rehabilitation programmes and serves as a guide, motivation and help
for the ex-addict to integrate themselves in the community.

VI. CONCLUSIONThe Government continues to improve its machinery, especially the Narcotics Investigation Departmentof the Royal Malaysia Police and the National Anti-Drugs Agency, to combat the drug problem in Malaysia,
which is still considered a security issue. Illicit drug abuse is related to the increase in crime in Malaysia.
Malaysia believes by reducing the recidivism of drug abusers it will also reduce crime in the community.
Therefore, solving the recidivism of drug abusers requires a multi-disciplinary approach in partnership withall sectors of society. It is only with concerted efforts that we can achieve the objective of having a global
drug free society.
Governments of all nations need to educate their people about controlling the recidivism of drug
offenders in order to get full public support for their policies. Without full public support, offenders face thedifficulties associated with being unaccepted by society. To achieve even better and faster results, local
communities and all government agencies must co-operate and assist the reduction efforts with moral

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support, material support, logistical support, and financial support. Only then we will experience thesuccessful reduction of recidivism of drug offenders and the promotion of safe communities. This goal
requires a body of reliable knowledge of what works, in what contexts, by what mechanisms and at what
cost. Indeed, we believe interventions targeting the factors that contribute to behavioural problems are
effective in reducing recidivism among drug abusers. Nevertheless, assessment is a cornerstone of drug
abuse reduction. This must be built up through systematic evaluation and a sound conceptual framework.
Nevertheless, in any efforts to control recidivism through several interventions, public safety must be given
the first priority. Therefore the opportunity for criminal behaviour must be prevented through multiple
interventions.

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