TREATMENT OF ILLICIT DRUG USERS IN MALAYSIA: FOCUS ON
PAROLE
Syahrul Amri Bin Abd Mutalib＊

I. INTRODUCTION
In the past, prisons were purely custodial and punitive but today the emphasis is on rehabilitation andtreatment of offenders. Thus it is imperative that the prisons remain safe and secure to ensure that the prison
can fulfil the multiple goals of punishment, deterrence and that of rehabilitation, reformation andreintegration. Over the past decade, prisons have progressively re-affirmed their role to take on the charge ofbeing agents for rehabilitation, moving away from being mere custodians of the offenders under their charge.
To discharge this mission effectively, prisons have embarked on a deliberate and rigorous review of theircapabilities in operations, rehabilitation and community engagement.
The Prison Department of Malaysia has also moved forward and continuously innovates in order to assist
the prison administration in dealing with modern culture through criminology, penology and overall social
control. This includes developing programmes and treatments to help inmates change their criminal
behaviour through evidence-based interventions, and preparing them for their eventual return to thecommunity.
A. Scope of Prison Department
The Prisons Department is under the Ministry of Home Affairs (KDN) where it works in ensuring safe
custody of prisoners and detainees, as well as continuous rehabilitation programmes for prisoners. The
Prisons Department of Malaysia currently has 37 Prison Institutions, 4 Henry Gurney schools, 13 State
Prisoners Offices and 52 Parole District Offices.
B. Scope of Parole and Community Service
When the parole system was first established by the Malaysian Prisons Department more than a decadeago, there were concerns over how the authorities would manage the risks involved, particularly thoseregarding public safety and security. The parole system in Malaysia was introduced in 2007 and the Prison
Act 1995 was amended to establish the system in Malaysia. It received royal assent on 24th January 2008 andwas published in the gazette on 7th February 2008. However, it only became enforceable on 30th June 2008.
In July 2008, the pioneer batch of 64 convicted prisoners was released on parole.
The legislative intention of introducing the Malaysian parole system was to alleviate prison overcrowding
and operating cost, reduce recidivism and to rehabilitate the prisoners to ensure successful reentry andreintegration into society through the role of the family, employers or community members. Thus, to realize
the parliamentary intention, the values and principles of the Parole Division of the Malaysian Prison
Department are embodied in its mission statement and are evidenced by its objectives to ensure a continuityof effective rehabilitation programmes and to give prisoners a second chance to go through the process of
integration of their lives into the community. In addition, it is also the Departmentʼs vision to ensure thewelfre of the society and to reduce recidivism by assisting and guiding the prisoners to live as individuals who
respect the laws and regulations of the country.
The Prison Act 1995 defines “ parole” as the release of prisoners to serve any part of the imprisoment
sentence outside the prison pursuant to a parole order. By section 46A “ prisoners” means a prisoner who isreleased on a parole order made by a Parole Board. Section 46I (Prison Act) provides that a prisoner is

Prison Department of Malaysia. This individual paper is for the JICA course 2018. The use and publication other than for thispurpose is prohibited without the express consent of the authority of the Prison Department of Malaysia.
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deemed to continue serving his sentence of imprisoment during the period of parole that begins on the date ofrelease on parole as specified in the parole order and ends upon the expiration of his sentence of imprisoment,
taking into account so much of his sentence as shall remain after deducting from it such part of remission ofsentence granted, or when the parole order is suspended or revoked. As such, parole in Malaysia is viewed as
an extension of the custodial period, as the prisoners will be placed in the community under the correctional
authority and supervision of the parole officers.
The parole system in Malaysia is administered by the Ministry of Home Affairs. Two governmental
offices are concerned with administration of the parole system: (1) the Parole Board, (2) the Malaysian Prison
Department.
1. The Parole Boards
Recently there are three Parole Boards in Malaysiaʼs parole system. A Parole Board shall consist of thefollowing members who shall be appointed by the Yang di-Pertuan Agong:a) A Chairman, from amongst members of the Judicial and Legal Service;b) A senior prison officer;c) A senior police officer;d) Three members of the public.
With a view to encouraging good conduct and industry and to a facilitate reformative treatment ofprisoners, a Parole Board shall have the following powers:a) To make a decision whether to release a prisoner on parole;b) To suspend or revoke a Parole Order;c) To add or vary and conditions of a Parole Order;d) To hold an inquiry on any matter related to parole;e) To examine any prisoner for the purpose of soliciting additional information related to a parole
application or any other reason that the Parole Board deems fit; andf) To exercise and perform such other functions and duties as the Minister may derermine.
The Parole Board shall examine and evaluate the parole dossiers1 received from a prison officer in respectof such prisoner and any other report prepared by any prison officer in relation to an appication for release onparole.
2. Malaysia Prison Department
In Malaysia, the parole system is a newly established programme in order to enhance the rehabilitation
programme for convicts. The parole system is designed for inmates who show exemplary behaviour during
incarceration. It is seen as an incentive which inmates must earn in order to enjoy it through demonstrating
positive adjusment and fulfilling the requrement stated in the programme.

1

Dossier means document represent prisoner report all the activity and attitude in the prison.

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Ogranization Structure of Parole and Community Service, Malaysia Prison Department

Source: Malaysia Prison Department
The Malaysia Prison Department through the Parole and Community Services Division has implimented
the system by setting up 14 State Offices and 52 Parole District Offices in the country.
Organization Structure of State Parole and Community Service

Source: Malaysia Prison Department
The parole system in Malaysia requires that to be considered for parole release, prisoners must be
sentenced to a year and above of prison and have completed half of the amount of punishment decided by any
court. Subsequently, the parole officer placed in the prison institution is entrusted with preparing evaluation
forms for submission to the Parole Department Headquarters for scrutiny and then passes them on to the
Parole Board. Once they have identified the prisoners, they will be given a briefing. The briefing is given
initially upon admission, later as part of the module in Phase 1, Human Development Program. A month
before release, briefing is given through the Pre-release Parole Module. The parole officer will be entrustedwith interviewing inmates selected to be released on parole to obtain a release plan, conducting fact finding
and contacting the residence of family or relatives and employers who agree to accept prisoners in their daily
lives. After obtaining information on the prisoners, the parole officer at the prison institution will prepare acomplete report on whether the convict is qualified to be granted parole. If the convict is found to be eligible
for parole, the parole officer will determine the risk level, which is minimum, medium or maximum throughrisk assessment. This is intended to decide on the frequency of contact, meeting and trips to the residence
and workplace of the parolee by the parole officer. Besides this, the risk assessment also helps the parole
officer outline a suitable programme for the parolee.

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II. MONITORING & SUPERVISION
A parolee who is released by the parole order must comply with the conditions laid down in the parole
order. The parole order will be issued by the board after being satisfied with the report lodged by the paroleof the institute as well as the support of the Parole and Community Services Division, the Head Office. Termsof the parole order shall be read on the day of release and every condition shall be understood by the parolee.
More than 20 conditions have been set by the Parole Board and among the conditions that the parolee must
adhere to are as follows:i. Parolee is prohibited from engaging in criminal activity;
ii. Parolee must not leave the designated area without the permission of a parole officer;
iii. Parolee is prohibited from using any prohibited or intoxicating substance;
iv. Parolee shall comply with any directions from parole officers;
v. Parolee is prohibited from using any illicit drug.
Parole is granted to those inmates who have successfully completed and surpassed the comprehensive
assessment by the prison authority and an internal committee evaluation followed by an external evaluation.
While they are on parole, the parolees will be supervised and monitored by parole officers in their specificdesignated area2. In the event of breach of terms and conditions imposed on them while under parole, it willlead to the revocation of their parole order.
Supervising and monitoring drug offenders is a big challenge to our officers compared to those with othercriminal backgrounds. The current trend of drug abuse has changed; synthetic drugs are more commonlyused compared to opiate-based ones. Although there has been rejection from their families and the society inthe process of reintegration, there are many who are willing to support and cooperate. The parolees
themselves need the driven power to adapt, be ready to change and enhance their resilience in order todetermine and restore their success.
The parolee him/herself also shall have a job that guarantees earning a living; jobs are arranged or agreed
by the District Parole Officer. They will also be involved with any personal training and development
programs that fit into their respective capabilities.
All parolees are prohibited from possessing or using drugs and also associating with criminal associates
who are in the public domain. The conditions contained in the parole order depend on the prisonerʼs offence
and the criminal effect committed by the prisoner against the surrounding community. The more likely theprisoner will return to drug abuse, the more stringent the conditions will be allocated to them.
Each parolee must also undergo a prescribed recovery programme as stated in the parole order. Parole
Officers shall arrange rehabilitation programmes either in individual, group or rehabilitation programmes
within the community. Parolees must report once a week as arranged by the parole officer. The presence ofintervention is compulsory and action will be imposed if the parolee fails to attend the Parole Office. For
parolees involved in drugs must undergo urine testing as part of their intevention programme.

III. COMMUNITY-BASED TREATMENT FOR DRUG OFFENDERS
The implementation of prison rehabilitation programmes is an important basis in overall recovery where
every prisoner needs to go through several phases and have his progress evaluated in each phase to beelevated into the next phase.

2

Designated area means the gazette area that gives the authority to the parole officer to supervise.

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Human Development Plan Framework

Source: Malaysia Prison Department
In an effort to achieve the said mission and objective, the Malaysian Prison Department has introduced
Pelan Pembangunan Insan (Human Development Plan), a comprehensive and integrated rehabilitation
system. The new system targeted mainly on the rehabilitation of spiritual and physical needs of inmates
through change in attitude and increase in skills and knowledge. The Human Development Plan is arehabilitative process for inmates that is conducted through four key programmes, namely, Induction
Program (Phase 1: 2 months), Personality Enhancement Program (Phase 2: 6 to 12 months), Skills Program(Phase 3: duration is subjected to Period of Imprisonment) and Pre-Release / Community Program (one year
before release). In addition, several rehabilitative modules are used for the different categories of offenders
such as Drug Offenders Module for drug-related offenders and Sexual Module for sexual offenders.
However, in contrast to the parolee recovery that has been released through the parole system where theapproach adopted is based on Community-Based Treatment where the approach used is based on social
support group that helps in the recovery of parolee outside the prison wall. Factors that encourage theimplementation of Community-Based Treatment are the following:a. To ensure the stability of society through rehabilitation and to reduce repeated criminal behaviour;b. To provide support and guidance to inmates in respecting law and order of the country;c. To ensure continuity of the rehabilitation programme and more effective supervision in the hope ofgiving prisoners a second chance to carry on life through the process of reintegration into society.
The involvement of Non-Government Organizations (NGO) and the involvement of private companies in
the Corporate Smart Partnership is a programme that assists in the Community-Based Treatment in which
the support provided to help a parolees be more confident.
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There are several approaches used in assisting parolee recovery for those involved with drug activities.
The method of recovery is also different from the type of drug used and also the level of drug use over a
period of time. Each parolee needs to undergo a psychological test for the purpose of knowing the level of
addiction for a parolee. Each parolee needs to undergo 2 phases, which are during imprisonment and when it
is beaten. Parole officers should review both test reports before determining the level of intervention thateach parolee needs to go through.
A. Cure and Care Programme: Social Support Groups Module / Recovery Programme in the Community
This Programme is designated for drug users or drug-related offenders especially for parolees. Allparolees must be involved in weekly sessions run by Parole Officers in collaboration with the National AntiDrug Agency.
The main objectives are:i. Providing a safe haven for discussion group clients to practice social skills;
ii. Having recovered clients serve as role models;iii. Promote and expand the support system;
iv. Provide education so that clients have the skills to cope with social problems faced.
Among the modules and technique are Cycle Stop (Stop The Cycle), identifying techniques used to reduce
addiction and its effects, Thought-Stopping skill to cut (block) triggers facing the parolees and External
Trigger. Components and elements contained in the Recovery Module will help the Parole Officer to better
plan implementing the C & C to parolees. This programme can be a reference to the Parole Officer in theexecution to parolees to undergo the programme smoothly and adapt to society after serving of the Parole
Order after release.
B. Methadone
Parolees with a history of heroin-type drugs will be helped to overcome addiction using the method of
methadone. The parolee involved in the programme has been identified during the rehabilitation programmein the prison again and when undergoing parole order, this methadone programme will proceed based on therecord obtained from prison. Parole officers will ensure the parolee recovery involved with the methadone
will continue until the sentence is completed or until the dose is reduced. Parole officers will also work withpharmacists from government hospitals to ensure a parolee who join the programme daily and will be inaccordance with established procedures.
C. Interventions
Parolees need to undergo an intervention programme scheduled once a week as set forth in the rules.
Parole officers shall prepare and organize a programme schedule for each parolee in the recovery phase; theplanned monitoring of the parolee is under the parole officer. Intervention is a method of reviving parolees
and recognizing the level of parolee recovery under the supervision of parole officers. Among the activities
are individual counselling3, group counselling, support programmes and other appropriate parole
programmes.
D. Spiritual Programmes
One of the forms of recovery that can affect the parolee recovery is to have a spiritual recovery
programme. Parole officers should plan this spiritual programme as a continuation of parole recovery inprison. The spiritual approach is very important in parolee recovery because it helps in enhancing identity as
well as the paroleeʼs confidence in drawing closer to the Creator. In order to run this programme, parole
officers need to cooperate with volunteer religious teachers or religious departments to run the spiritualprogramme for parolees based on a weekly schedule.
E. Others Programmes
In addition to the programmes mentioned above, there is another programme for collaboration with local
companies. The Corporate Smart Internship (CSI) programme was is created for the purpose of enhancing

3Counselling sessions run by counsellors from the prison department or by rehabilitation officers.

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parolee skills in the field of work. Indirectly, this programme provides parole space to build confidence torecover where continuous recovery is the departmentʼs primary objective in ensuring the parolee can berehabilitated. Among the fields of employment are agriculture, manufacturing and other fields that have an
impact on the job sector. The programme started in 2017, and up to 661 parolees have participated in the
programme.
Indirectly, this programme has benefited the company especially in the cost savings of operations andlabour which involves foreign workers who need a lot of costs in the documentation process. For parolees, aswell as enhancing skills in the employment sector, moral support and guidance have had a positive impact on
the ongoing recovery.

IV. THE CHALLENGES
A. Dual Roles of Parole Officers
In Malaysia, the dual roles in surveillance and rehabilitation process do potentially pose challenges intrying to achieve their goals of helping the prisoners successfully reintegrate into the community andprotecting the society from at-risk individuals i.e. Section 46K (e) of Prison Act 1995 provides that it is a dutyof a parole officer to organize or direct a prisoner to undergo a programme for rehabilitation. As a parole
officer, early planning for each programme should take into consideration all the requirements for therecovery of the parolee.
B. Providing Social Services
In line with the social service model which focuses on the clientʼs needs such as employment and housing,parole officers often have difficulty to reconcile their role with the conflicting objective of the surveillance andcontrol approach. It is a challenge for parole officials to ensure that all the requirements and rules set may be
implemented at a time.
C. Willingness of Parolees to Participate in Treatment
The willingness and openness of parole in receiving treatment is an important aspect of recovery. Thisfactor needs to be in every parolee and not just fill in the programme slot without the need to change. The
role of parole officers is also important where continuing support in ensuring the parolee can follow theappropriate recovery programme. This support actually helps to increase confidence in parolees to recoverand avoid negative thoughts.
D. Support from the Community
A study reveals that the main reasons for detainees floating with the wrong influence are due to lack ofsupport from community networking and friendship. Recent studies by the parole department show that
prisoners return to their old habits due to the unwillingness of the community to accept them, as well as
refusal by family members. One of the challenges faced by parole officials is to deal with the public stigma of
former prisoners despite knowing that they have been restored. Eventually the former prisoner had to accept
the fact that they were not needed by the community and returned to friends who better understood them.
E. Translating Theories or Principles into Practice
It is a challenge for parole officers to design a programme and supervision plan to hold prisoners
accountable and focus on their change as they need to address the prisonerʼs specific criminogenic needfactors, i.e. early identification with a predilection for criminal behaviour risk. Another factor that needs to bethought about is the psychological development among the criminal or drug user whereas for parole officers,
skills in psychology are needed to understand the character of the parolee.
F. Right Philosophies, Attitude and BackgroundThe background of parole officers in the rehabilitation and surveillance of prisoners must possess theright philosophies and attitude to balance their dual roles in facilitating successful reintegration of prisoners
into the society. Parole officers with background in social work and behavioural sciences were more likely toreport that prisoner treatment needs were integrated into supervision requirements and activities. However,certain characteristics of staff working in correctional environments such as appropriate educational
qualification, experience in working with prisoners, professional values such as empathy, tolerance, integrity
and flexibility, a firm but fair approach, good listening and communication skill, may result in successful
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reintegration of the parolees into the community.

V. CONCLUSION
One of the challenges faced by the authorities is the use of alternatives to imprisonment. Challenges areinevitable but for the sake of public safety and peace, various alternatives to imprisonment should be
implemented. A comprehensive initiative has to be undertaken to ensure success. Programmes involving
strong community participation have to be implemented. Although alternatives to imprisonment arecomparatively inexpensive and efficient, they must be imposed carefully. Besides the well-being of theoffender, the safety of the public should be of paramount concern.
REFFERENCE
1. Malaysia Prison Department
2. Prison Act 1995 (Act 537) And Regulation
3. Human Development Plan Module, Malaysia Prison Department
4. Cure & Care Module, Malaysia Prison Department
5. Rehabilitation Module for Parolees, Malaysia Prison Department

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