PARTICIPANTS’ PAPERS
INSTITUTIONAL TREATMENT AND MANAGEMENT OFORGANIZATIONS FOR JUVENILE OFFENDERS IN MALAYSIA
Teh Guan Bee*I. INTRODUCTION
This country report confines its scope
to two challenges: institutional treatment
and management of organizations ofjuvenile offenders. The institutional
treatment programme we have today in
Malaysia was only introduced after theSecond World War. It has been shaped bymany factors, including British colonial
involvement, the teachings of Islam anddistinctive geographical and population
characteristics.
The infrastructure for the treatment ofjuvenile de linq uents, as with social
d evelop me nt in M a laysia, is closely
linked to British colonial involvement in
the region prior to independence in 1957.
Ma ny practices and some legislationg over ni ng the c ar e and c on tr ol ofjuveniles still date from this era of Britishcolonial rule. This is most clearly evident
in the Juvenile Courts Act 1947 which isstill operational today. However, newcomprehensive children’s legislation will
be introduced in Malaysia for the newmillennium.
The Juvenile Courts Act 1947 wasintroduced essentially to prevent and tosalvage children and adolescent who
would have otherwise taken to a life ofcrime. Later in 1950, the Juvenile Court
Ordina nce (The Place s of De te ntion
Rules) was also introduced. Another Act,The Children and Young Persons Act,* Principal,
Sekolah Tunas Bakti (Juvenile Boys Home),
Malaysia

1947 was intended to protect and preventchild abuse and neglect. The Adoption
Ordinance 1952 and the Registration of
Adoption, 1953 was intended to safeguard
the rights and status of children.
All these A cts w e re intro duced in
response to the social upheavals brought
about by the Second World War. In atransition from a traditional society to anind u str ia l o n e , t he co m m u ni tie s in
Malaysia (Malays, Chinese, Indians andothers) experienced a disruption to theirtraditional balance, so these Acts cameinto being.
The Juvenile Court Act 1947 provides
the legal and administrative
infrastructure for the arrest, detention,
trial and treatment of juvenile offenders.
In the treatment of juvenile offenders, thecon cep t ‘ child fr ie nd ly’ is given theprio rity w here the w ell b eing of theinmate is of utmost importance. This is inline with the seventh strategic objectiveof Malaysian Vision 2020 where it seeks
to establish “a fully caring society and acaring culture”.
II. TREATMENT OF JUVENILE
OFFENDERS IN MALAYSIAIn Malaysia, the treatment of juvenile
offenders is placed under the preview of
the Social Welfare Department, as it
considers that the delinquents are asymptom of maladjustment. As such, amore humanistic approach is being used
to deal with the delinquent behaviour.
Based on this understanding, social work
approach towards helping in the203

RESOURCE MATERIAL SERIES No. 59
rehabilitation of the juvenile is by meansof processes such as family centred casew o r k , c o u n se ll in g, g ro up w o r k a n dcommunity. The salient aspect of thisapproach is the inculcation of life skills
that include coping skills and vocational
skills for their ultimate social
reintegration into society.

Members of the public are encouraged
to be involved by providing trainingf a c i l i t i e s . T h e y p la y a v it a l ro l e i n
ju ven ile cr ime con tr ol a part fr om
providing jobs and on-job skill training.
Besides, they also contribute efforts ininculcating socia l, m oral values andworking habits in young offenders.

The programme as discussed earlier iss upported by b oth leg islativ e an dadministrative infrastructure to provide
compulsory treatment. The treatment
modalities contained in this programme
have treatment facilities both within theco mm unity and in institutions. T heprocess of treatment and rehabilitation ofjuvenile d elinquents is sho wn inappendix A.

Under the Juvenile Courts Act 1947,
a n d T h e C o n s t i t u t i o n s a n d D u ti e s
Re gul a tions 1 9 76 , J uvenile We lfa reCommittees in all district levels havebeen appointed by the Minister to workwith the P rob ation Off ice rs. In thisre spe ct, p ro b a tion o rd er s a r e give npriorities. The Juvenile Welfare
C om m itte es are e ntr uste d with the
responsibilities to guide and organize
re c re a t io na l, e d uc a tio n a l, m ed ic a l,
psychiatric and mental health facilities
for the juvenile and the family as a whole.
Besides, the juvenile is also encouraged tochannel their energies with constructive
and wholesome activities such as
camping, jungle tracking and mountainclimbing.

A. Treatment Within the Community
Community treatment for offenders
has a positive effect on juveniles. The
Probation O rder given by the courts
allows the Probation Officers or the Social
Welfare Officers to carry out treatment
and re habilitatio n in the op e n. T he
Probation Officer, who is assigned thesupervision of the case, works with thejuvenile, his family and his immediate
environment. There are instances whereth e P robation O fficer has to wor k
separately w ith the juvenile a nd his
family because of strained relationships.
While the juvenile temporarily resides in
the hostel, the Probation Officer works
hard to improve their relationship. Othercase work efforts involved reinstating thej u ve n i le ba c k to s ch o o l if p o ss ibl e ,arranging for medical treatment, fortraining facilities and placing in
employment, or enabling the juvenile toe ng a ge in s o m e in c o m e - g e n e r at in g
projects. While in the hostel, the juvenile
is allowed to continue his formal
education in a normal outside school.

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Service Clubs such as Lion Clubs,
Rotary Clubs, and many others comeforward to sponsor such programmes.
The community awareness in promoting
the c once pt o f a “Caring So ciety” isimportant. With concerted efforts, theconditions of the family and the juvenile
are assured of his rights and dignity of
being part of the community. Recognizing
the im p orta nce of no n-institutio na lmeasures, the “adoption” scheme is avehicle to encourage the participation by
voluntary organizations and individuals
in the community. The members of theJuvenile Welfare Committee who arenormally well-known and well-respected
members of the Community take in one
or two juveniles into their supervision.
The Juveniles will then be introduced to
the residents associations, neighbourhood

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
committees and religious bodies so thatthey will be under better supervision
giving the Probation Officer more time forother complicated cases which require
professional case work and counselingsessions. In this manner, the juvenile
feels more accepted in the community
with easy accessible and regular contacts
with the neighbours and people who care.
The rate of success is encouraging.
B. Institutional Treatment
In Mala ysia , the system generally
encourages treatment within thecommunity. Institutional treatment is tobe considered as a last resort. In addition
to this, the re are further protective
provisions regarding institutionalizing ajuvenile. They are:•••

A child under the age of 10 years shallnot be sent to an Approved School.
A child under the age of 10 years
cannot be made to reside in a
Probation Hostel.
An offender below the age of 14 years
cannot be sent to a Henry Gurney
School.

The institutional treatment forjuveniles consists of two modalities in
Malaysia. One being a closed institution
or advanced Approved School, that isunder the administration andmanagement of the Prison department;
and the second, an open institution or
A p p r o v e d S c h o o l t ha t is u n d e r t h e
Department of Social Welfare.
Juveniles who have committed more
serious crimes or those who have notmade good in other modalities oftreatment are normally admitted to theadvanced Approved School for treatment
under more rigid security. Even though
under different departments, thetreatment is geared towards preparing
the juvenile from the very instant hesteps into the school for his ultimate
reintegration to society.
The juveniles in the Approved Schools
are subjected to rules and regulations in a
structured environment. Daily routines
are strictly adhered to. Nonetheless, childrights and treatment under the Child
Right Convention is implemented
carefully and monitored. This is also inline with the Malaysian concept of “Child
Friendly” and “Caring Society.”
Therefore, punishments in any form,
are only given by the head of institution,
strictly in accordance to the Approved
Schoo l Rules. A record for all
punishments is properly maintained forinspection. Corporal punishments are thelast form of punishment when otherforms of punishment are just as effective.
1. Sekolah Tunas Bakti (STB)
This institution is an Approved Schoolfor the detention and rehabilitation of:(i) Juveniles who are involved in crime.
(ii) Juveniles who are beyond parental
control.
The Approved Schools are run on an
open institutional concept maintaining as
far as possible full access to thecommunity at large. The School in reality
is o n e c o m p o n e n t o f t he tr e a tm e n tcontinuum.
R ef er ra ls to S TB ar e ma d e und er
section 26 through 33 of the Juvenile
Co urt A ct 1 9 4 7 a nd re s ul t i n C our tOrders placing boys as young as 10 inApproved School training for amandatory period of 3 years.
A Juvenile is a person who has
attained the age of criminal responsibility
prescribed in section 82 of the Penal Code205

RESOURCE MATERIAL SERIES No. 59
and is und er the age of eighteen
according to the Juvenile Court Act 1947.
The re are eight Approved S chools
throughout Malaysia. Six in Peninsular
Malaysia, one in Sarawak and one in
Sabah. Out of these eight schools, six arefor boys and two for girls.

Eighty five percent of the institutional
staff are full-time staff. The head of theinstitution is a professionally trained
personnel with a team of social workers.
Under the Approved School Rules, every
inmate has to be supplied the following
components:(i)

Th e o b je c tive f or t he se A pp r o ve d
S ch ool s is to prov ide t he ju veni leoffenders with education that is geared
towards positive attitudes and characterbuilding, promoting and improving theircap acities so that they can bereintegrated back into society as well aslive a more independent and beneficial
life.The programmes in these Schools are
geared towards preparing the juvenile
from the very instant he steps into theschool for his ultimate return to his
family and society.
2. Admission
Admission to the Approved School is by
Court Order.
3. Period of Rehabilitation
Rehabilitation in this institution is fora period of 3 years. However, a resident
may be released on licence before theexpiry of his/her rehabilitation period by
the Board of Visitors subject to his/her
progress but not earlier than 12 months
from the date of admission.
4. Administration
The administration of the Approved
School is guided by the Juvenile Courts
Act 1947 and Approved School Regulation
1981.
5. Services
Care and Protection
The training and treatment ininstitutions are also directed towards theprovision of adequate care and protection.

206

Facilities/Accommodation
These juveniles a re he ld in sem i
secure facilities designed to look lesslik e p r is o ns an d m o r e li k e hi g hschools. Their living environment isdesigned to meet their needs. They
live together in the dormitory where
they have to learn to live together.
STB facilities include administrativebuildings, dormitories, workshops forv o c a t io n a l t r a i n in g , c l a s s e s f o r
academic studies, a dining hall, abakery, an indoor hall and a seminarroom. STB is also equipped with otherfacilities like a library, computerroom, gymnasium, sick bay, TV room,
washing area and surau for prayers.
With all these facilities, theindividual treatment, education both
vocational and academic, and dailyneeds of the juvenile offenders are
more than met.

(ii) Food
Adequate basic need such as food isprovided . J uve niles a re served 6
meals daily—breakfast, morning tea
bre ak, lunch, eve ning tea bre ak,
dinner and supper. Every inmate
should be provid ed by theadministration at the usual hour withfood of nutritious value, based onscales recommended by the Ministryof Health. Food served varies fromday to day according to the menu
prepared by the staff and approved by
the Director-General of Social Welfare
Malaysia. The daily menu rotates
every six months so as to provide a

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
varied type of balanced and nutritious
food to promote physical and mental
development. This is a necessary
requirement to be met.
(iii) Clothing
Articles such as clothing, shoes andslippers are provided by theadministratio n. The inm ates are
however allowed to wear their own
clothes during their leisure hours, so
for those parents who can afford top r o v id e s u c h c l o t h i n g, th e y a r eallowed to do so. These inmates arere q ui red t o w a s h a nd k ee p t heir
clothes clean as well as to observe
personal hygiene. They are required
to wash regularly and every once aw eek the juveniles’ bed linen are
washed. This is supervised by theHouse Master (Welfare Assistant) incharge of each dormitory. In someschools, washing machines areprovided.
(iv) Medical Treatment/Care
Inmates suffering from minor
ailments are treated at the sick bay
by staff. Those suffering from serious
illnesses are taken to hospital for
more intensive treatment. For thoserequiring dental treatment, they arealso taken to the government dental
clinic for treatment. M edical and
Health Units also pay regular visits tothe schools to give medical and healthservices.
(v) Daily Needs
Inmates are supplied with necessary
items of personal hygiene such ast o o t hb r u sh e s , to o th p a st e , s o a p ,towels, underwear, and others. Such
articles are sometimes supplied byfamilies who can afford to do so.
Every child is given a daily allowanceof 50 sen for pocket money by theGovernment for those not schooling,whereas for those who are schooling,
they are given RM1.50 for pocket
money. This money can be used to buy
necessities such as the above or they
can request to use the money to buy
their favourite food stuff. Most ofthem go for fast food like Kentucky
Fried Chicken.
Counselling and Guidance
The inmates are given counseling andguidance to overcome their emotional andpsychological problems. Towards thisend, the Principal and the Social Welfare
Assistants regularly held individual andgro up co un seling se ssion s and ca se
c o n f e r e n c e s . C o u n s e ll in g is a v e r yimportant component as it provides anopportunity for the juveniles to express
their feelings openly with the goal ofresolving personal issues and problems.
This will help them to solve specific
p ro b le m s as w e ll a s to d isc o n ti nu e
inappropriate, damaging, destructive or
dangerous behaviour.
The focus of these counseling sessions
is to enable the juvenile to overcome theiremotional and psychological problems aswell as to develop coping skills and life
skills to function effectively in society. As
these inmates require care andsupervision 24 hours d aily, eachdormitory is put under the care of a
House Master (Welfare Assistant) to offer
more personalized care, social counselingand moral training.
Academic Studies(i) Inside Institutions
The educational programmes include
education and training, inside andoutside the institution. Inmates whoare still schooling are allow ed tocontinue the ir f orm al e duca tion.
Formal education is provided in the207

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i ns tit ut io n til l th e p r im ar y an dsecondary level.
Inmates who are school dropouts andhave not attained the educational
level w hich allow them to attend
normal schools outside are required toattend educational classes which are
specially arranged for them to acquiresufficient literacy. For those illiterate
inmates, they are taught based on the
3M curriculum in order to at least
learn how to read, write and count.
With these basic skills, it is hopedt h a t t h e y ca n a t l e a s t a cq ui r e a
training programme based on theired ucatio nal le ve l. J uveniles w hocannot attend the normal school but
have go od potential are given
correspondence courses and tuition
within the institution.
Education is an important componentof rehabilitation in the institution. It
is clear that education is obligatory
for all juvenile inmates by taking into
consideration their different levels.
(ii) Outside Institutions
Inmates are allowed to attend normal
schools during the day, outside their
institution. Inmates who are eligible
for upper secondary education are
en couraged to do s o. For th os e
inmates who are interested inlearning how to use the computer,they are taught so.
Religious/Moral education
Religious instructions and facilities areprovided for all inmates irrespective ofcolor, race and religious observance andpersuasions. Muslims are escorted to
prayers in mosques. For these Muslims, a
special religious teacher is employed
p a r t- tim e to in str uct th e m in the ir
religious classes while non-Muslims aretaken to temples and churches for weekly

208

prayers. Voluntary religious groups also
give them religious and moral education
within the institution from time to time.
Vocational Training
Vocational Training is anotherimportant component of rehabilitation.
Taking into consideration that many of
the juvenile offenders are school
dropouts, the training programme drawn
up for each inmate must be appropriate
to their educational standard. The ability
and preference of each inmate is also
given due consideration for the type ofe m p l o ym e nt lik e l y t o b e a va i la b le .
Vocational training is provided with thehope that after their release from theinstitution, they will be able to secure
employment based on the skills acquiredby them.
V o c a tio n a l t ra i nin g ( f o r B o ys) i n
different skills are as follows:
•
•
•
•
•
•
•
•
•

Carpentry/wood carving/canefurniture and work
Motor mechanics
Welding
Electrical wiring
Handcraft
Compressing bricks and brick laying
Bread/cake making
Plumbing
Agriculture/Animal rearing

V o ca tio na l tra inin g ( f o r G irls) indifferent skills are as follows:
•
•
•
•
•

Domestic work/cooking
Tailoring
Embroidery
HandcraftCatering

Institutions have embarked on the ideaof inviting private companies to assist
and p articip ate in the training
programmes to upgrade the standard to a

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
marketable level not only standard of
products but also the quality of training
and skills which are in demand in theprivate sectors. The private sector is also
encouraged to establish jointly in thef a c tor y situ a tio n fo r th e o n- th e- jo b
training and ultimately to absorb theminto employment. This joint venture
programme is known as Smart
Partnership and has been carried out inmany of these Approved schools. Under
this smart partnership, inmates undertraining are paid a daily allowance of
RM15 to 20. So far, this joint venture
involved skills like carpentry, motor
mechanics and bread/cake making.
Sports and Recreation
Inmates should be employed in outdoor
work with at least one hour of suitablephysical exercise in the open air daily. Ifthey wish, they may play sports such assoccer, basketball, takraw, volleyball,table tennis, netball and badminton.
There are football fields, a volleyballcourt, a badminton court, a sepak takraw
court, a basketball court as well as aclosed gym. They may also play indoor
games like carom and chess. Sporting
con tests are sometimes organ ized
between the juveniles in other states orother representatives of normal schools.
Thus, they get an opportunity to be incontact with the outside world.
Recreational and cultural activities
also include playing musical instruments
and traditional musical instruments liket he kompa ng, participa ting i n b ra ss
b ands and learning cultura l dances.
Besides that, juveniles may watch TV
programmes and videos in the eveninga n d a t n ig h t a s w e l l a s d u r i ng t h eweekends and holidays. They may also
listen to the radio till the time theyshould go to bed. They can read books,
ne w spa pe rs a nd ma ga zine s in theirlibrary and also borrow books from thelibrary.
Thes e recreational and culturalactivities are provided for the benefit of
the mental and physical health of theinmates. I nm ates are encoura ged top a r tic ip a te in t he v a r io u s f o r m s o frecreation to maintain good health, toutilize their leisure time and to cultivate
good relationships among themselves.
Privileges
Inmates are occasionally taken for
picnics, camping trips and visits outside.
They are also allowed, under necessary
supervision, to communicate with theirfamily and reputable friends at regularintervals both by correspondence and byreceiving visits.
Discipline
Discipline is encouraged through asystem of rewar ds and pr ivileges.
D e s ir a b le b e ha vi o ur is e n co u r a g e dthrough a book system which is tied up
with rewards and privileges. This system
focuses on specific behaviour modification
through deprival of privileges. It has its
positive element as it provides facilities toearn back lost privileges within a shorter
period of time through the performance ofsome task job. The forms of rewards andprivileges tied up with the system arepocket money, home-leave, outings, filmshows, visits, early release, etc.
Board of Visitors
Each Approved school has a Board of
Visitors, which comprises of not less thanseven Members who are appointed by the
Honourable Minister of National Unity
and Social Development. The Board of
Visitors is responsible for:•

Providing assistance towards theresident’s rehabilitation programme

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Guaranteeing smooth and efficientmanagement.
Making recommendations on the
management of the institution to theauthorities.

Follow-up Supervision
A juvenile who has been released fromthe Approved School is placed under thesupervision of the Probation Officer foro n e y e a r . A j uv e ni l e w h o h a s b e e nreleased on licence is placed on licence by
the Probation Officer until the period of
the order expires.
C. Case Management System
Juvenile delinquency refers to the
behaviour of non-adults which violates
the rules and regulations set by thegovernment or society. Juvenile
delinquency globally has been a serious
p roblem and the concern of all. The
nature and magnitude of juvenile
delinquency differs from place to place.
The root causes are many and diverse.
Case studies reveal tha t the m ain
contributing reasonsaretheconsequences of economic, social, culturala nd m o r a l p ro b le m s l e a d i ng to th e
breakdown of families, poverty, domestic
violence, polygamy, a degeneration ofvalues and civility.
In Malaysia, juvenile delinquency is
c los ely a ss oc ia te d w ith p o or f a m ily
attachment and failings. The inclination
towards juvenile crime often arises fromfactors at hom e. Poor parenting
behaviour, lack of love and care as well as
violence in the family are among the
ma in rea sons w hy children resort tocrime.
Havingunsatisfactory
relationships as well as having grown up
in these neglected and poor
environments, children are driven intodelinquency problems. Deviant behaviour

210

is often the result of an unstable andunloving home life.
Delinquency violence is often linked tolack of parental supervision, parental
rejection, lack of parental involvement
and poor disciplinary practices. Childabuse or neglect, poor marital relations,parental absence and large family size
are also among the factors that turnjuveniles towards anti-social activities
and eventually, crime. Juvenile crime isalso attributed to lack of positive
interactions with parents or others andinconsistent discipline as well as
inadequate or inconsistent parenting
skills.
A similar trend is found in MalaysianSociety. It is evident the family plays asignificant role in shaping the juvenile
delinquents. The majority of our juvenile
delinquents come from broken homes andare either illiterate or school dropouts. As
suc h t he m e tho ds o f tr ea tm e nt andmanagement of these juveniles can be
full y un ders tood on ly a gain st t hebackground of these important factors
influencing them. Needless to say that inparticular, the national crime picture andthe national value system and that theeconomic structure and social system of
our society play an important part informulating policies, legal guidelines forthe treatment and management of thesejuvenile delinquents.
In the implementation of the law, inac co rd a nc e wi th th e na tio n al le ga lsystem, the well being of the juveniles
from their early childhood and cultural
background should be the focus of any
preventive and treatment programmes.
The rapid increase of juvenile
delinquency saw the introduction of someforms of legal system including penal
laws. The system must ensure positive
correlation and responsibilities, which

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
help the development of young offenders
with specific roles for the family andsociety. It is imperative for the system tostrike a balance between the protection of
the child and protection of society. The
system has to devise innovativea p p r o a c h e s t o up ho l d th e r ig ht s o fchildren in conflict with the laws without
undermining their needs. In this respect,
the most significant legislation in thiscou ntry wa s t he en act men t of th eJuvenile Courts Act in 1947 and theRules of the Approved School, whichd efine d m inim um sta nda rd s for thetreatment and rehabilitation in
institutions.
1. Juvenile Courts Act 1947
This Act categorizes juveniles into
Children and Young Persons. A “child”
means a person under the age of fourteen
whereas a “young person” means a person
who has attained the age of fourteen
years and is under the age of eighteen.
Under the Juvenile Courts Act, a juvenile
charged for an offence appears before aJuvenile Court where a Juvenile Court
judge would preside. The age in question
for the court to impose judgement is theage at the time of the offence.
Juvenile offenders are handled andtreated separately from the adults. The
detention of minors with adult suspects isin contravention of the Juvenile Courts
Act 1947, which clearly prescribes themanner in which minors are arrested,d e ta in ed a nd tri ed . U n de r th e la w ,juveniles are recognized as being
different from adults and as such areaccorded different treatment.
A juvenile w ho is a rrested ca n b edetained for up to 24 hours and thereafter
a court remand order is required. This isprovided for under the C riminal
Procedure Code. He has to be detained
away from the adult suspect in a police

station or remand home or hostel. The
Act also states that while under
detention, a juvenile must be prevented
from associating with an adult offenderand if a girl offender must be under thecare of a woman. The detention awaiting
trial is restricted to a minimum period oftime so that the case will be disposed as
early as possible.
Immediately after his arrest, the police
must inform a Probation Officer andp a r e n ts o r g u a r d i a n o f t h e a r r e st .
Offenses of a lighter nature are given bailor bailed by the parents or guardian who
w i ll e n s ur e th e j u ve ni le o f f e nd e r ’ s
presence in court. More serious offencesor those where parents are not found are
rem a nd e d in the R e m a nd Ho m es or
Probation Hostels.
2. Constitution of Juvenile Court
A j uv e n il e ca n o nl y b e tr ie d in aJuvenile Court, which is very different incomposition and procedure from othercourts. It is presided over by a Juvenile
co ur t ju d g e w ho i s a ss is te d b y tw o
a d v is e rs , o ne o f w h o m i s u su a l ly aw o m a n . T h e s e a d vi s e r s a d v i se t h emagistrate in the selection of thetreatment programmes suitable for thejuvenile. It is not a n open court andcomprises only of court officials, parties tothe cases, parents/guardians, lawyers
and witnesses. Newspaper reporters areallowed to be present with permission
granted by the Magistrate. However, theycannot reveal the name, addresses orschool or any particulars that may lead tothe identification of the juvenile.
Procedure in the trial also differs fromthe trial of an adult. The Court has toexplain the charge to the juvenile insimple language and ask him whether heunderstands and admits the facts of thecase presented. If he does not, witnesses
will be ca lled an d the juve nile m ayquestion the witness.

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He may also choose to m ake astatement instead of questioning thewitness. The court will then ask
questions. If the offence is proved, thecourt shall obtain a probation report toenable it to make a decision in the bestinterest of the juvenile. A juvenile cannot
be sentenced to death by the Juvenile
court. A young person who is jailed will
not be allowed to associate with adultprisoners. Instead, he will be sent to anadvanced approved school or suitably
dealt with in other ways in society.
3. Manner of disposal of Cases
There are several dispositional options
provided under the law to deal withjuvenile offenders:
•
•

•
•
•
•
•

212

To admonish and discharge theoffender;To discharge the offender upon his
entering into a bond to be of good
behaviour and to comply with such anorder as may be imposed;
To commit the offender to the care ofa relative or other fit person;
To order his parents or guardian to
execute a bond to exercise proper careand guardianship;
Without making any other order, or in
addition to an order under paragraph(c) or (d), make a probation order
To order the offender to pay a fine,compensation or costs
To order the offender to be sent to an
approved school or Henry Gurneyschool (advanced approved school);and where the offender is a young
person and the offence is punishable
with imprisonment, the court may
impose upon him any terms ofimprisonment which could beawarded by a Sessions court, or if thecourt considers that its powers areadequate, commit him to the High
Court for sentence. It is evident thatthe general trend in the court orders

is to a llo w the off ende r a second
chance to correct himself/herself.
4. Probation Order
The Probation Order has the same
effect as the suspended sentence for
adults. The placement of the juvenile
under the supervision of the Probation
officer is an effective and alternative
treatment to institutional treatment. The
offender will be told and explained to insimple language the effect of the orderand that if he fails to comply with theorde r and its cond itions or com mits
another offence, he shall be liable to be
dealt with for the original offence as well
as for the other offence thereafter. A
Probation Order could be made for aminimum of one year to a maximum of
three years. Under certain circumstances,
should the home environment not be
c o n d u c iv e , t h e c o u r t c a n o r d e r th e
offender to reside for a period of twelve(12) months in a Probation Hostel for
close monitoring of his behaviour andconduct
This approach involves his family andits e nv iro n m en t. T he f a m ily a s theprincipal unit for transmission of values
for social, moral and educational growth,should be regarded as the important
agent of change for the offender. Since
juvenile delinquency is viewed primarily
as an offshoot of the breakdown of thefamily, therefore strong emphasis isplaced on supporting and strengthening
the family unit as a preventive device. At
the same time the relationship of thepolice, the courts and probation officers
are deemed crucial in working towards
the same goal. The probation supervisee
is brought back to the courts for review
from time to time. The Probation reportwith detailed information pertaining to
his behaviour and conduct is discussed.
The duration of the probation supervision
can be shortened if his behaviour is found118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
to have improved and justified for such
revocation of the original order.
5. Client Management System (CMS)The juveniles admitted to the approved
schools are subjected to specific rules andregulations under the Approved School
Regulation 1981 as mentioned earlier.
Besides that, the Department of Social
Welfare has also drawn up som e
guidelines in a system known as Client
Management System (CMS). CMS is usedby the staff in the Approved School tohelp and guide them in the managementof the inmates from the day they step into
the school till the day of release. This ise spe cia lly use fu l fo r th ose ne w a n d
inexperienced staff.
Information and guidelines areprovided on every aspect involving themanagement of the juvenile offender in
the institution. Aspects such as
registration of the inmate, the forms to be
filled, medical check-ups for inmates,
briefing on rules and regulations, basic
necessities to be provided, etc. are drawn
up carefully, keeping in mind the wellb eing of the juvenile off ende r. CM S
p r o v i d e s d e t a il e d i n f o r m a t i o n a n d
instructions on the procedure of each andevery aspect mentioned above. CMS alsostresses on the duties of each and every
officer. It has provision for the time frameof each task given to the staff for the
management of each new case right fromthe first day the inmate steps into theschool till his last day in the institution.
6. Behaviour Modification
The discipline of the Approved School
is maintained by a system of reward,
privileges and punishments. This system
encompasses the fab ric of behaviour
modification using rewards to reinforce
good
behaviourand‘punish’undiscip lined behaviour within aprogressive grading system. It creates a

co nd u civ e a t m os p he re a n d p o sit ive
change. Every inmate’s behaviour is
ob se rved b y the staf f a nd re cor de d.
Misbehaviour and undisciplined conduct
receives some sort of punishment. The
punishment in the form of forfeiture ofprivileges such as pocket money,
deprivation of shopping, outing, homeleave, etc. The most effective action iswhen points or marks are deducted foreve ry misd emea nour or misconduct,
preventing him from climbing up theladder of grading from lower to higher
grade. The juvenile depends solely on his
grade for home leave and early release.
This system, however, has its positiveelement to provide facilities allowing him
to earn back lost privileges through theperformance of some tasks. The systemcreates an atmosphere of competitive
growth and positive check on misconduct.
It is one of the most effective
measurements of treatment programmes
in institutions.
7. Behavioural Assessment
Initial be havioura l assessme nt isconducted by observing the juvenile’s
conduct and personality during the periodo f o n e m o n th o ri e n ta t io n a f te r th eadmission. The house parents counselors
ma inta in and inte nsify ra p port a nd
confidence with the juvenile concerned.
During the orientation, all behaviour,interests, weaknesses and strengths of
the juvenile are recorded. At the end of
the month, detailed records are produced
for discussion for the purpose of planningtraining programmes for the juvenile.
The juvenile will then be placed in aworkshop of choice in which he showskeeninterestandpotential.
Simultaneously, the House parents andother Welfare assistants following theplan of action, continue to work with thejuvenile to correct his weaknesses andencourage positive social development. At

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RESOURCE MATERIAL SERIES No. 59
this stage, the focus is on juvenile-worker
centred relationships where the House
parents are fully involved and participate
in the juvenile’s programme to ensure thesuccess of the treatment plan.

mandatory period of a year’s after-care.
During the licence and after-care period,
the probation officer effects supervision
over the dischargee and assists him toadjust to his environment.

Skill and behavioural assessments in
respect of his behaviour, personality,
attainment of education and vocational
skills are conducted at regular quarterlyintervals. A sse ssm ent and p rogress
reports are forwarded to the probation
officer for the information of the parents
as to what transpired in the institution.
In return, the probation officer submits areport to the institution regarding hishome environment, parental response,
employment and future plan.

W ith th e c o nc e rte d e f f o rt s o f t heprobation officer and the School, it ishoped that once released, the juvenile ismore then ready to be reintegrated backinto so ciety and to lead a more
independent and beneficial life.

It is evident that management of thejuvenile in the institution is gea red
towards preparing the juvenile from thevery instant he steps into the school for
his ultimate return to his family andsociety. While the school works with thejuvenile, the probation officer works withh is f am i l y t o b r in g a b o ut s uf f ic ientchanges in his home environment for thejuvenile’s ultimate return. Throughout
the juvenile’s stay in the institution, a
two-way feedback is maintained between
the school and the probation officer.
8. Release
Release is arranged after the probation
officer who has been working with thefamily has provided a full report on thes ui ta bil ity of the juvenil e’s hom e
condition and a suitable occupation has
been arranged for him. A juvenile can bereleased on licence or on conditional
discharge before his original period ofcommittal expires. During this period, hecan be recalled to the school, if he is not
performing well outside, to complete thefull period of his order and if necessary,
his period of stay is extended by anothersix months. In addition to this, there is a214

D. Case File/Record System
O n th e a d m issi o n o f the ju ve n ile
offender on his/her first day, the Welfare
Assistant in-charge has to open a newp er so nal file f or th e d e taine e . Th is
personal file on the detainee contains thefollowing information on the detainee:
•
•
•
•
•
•

Personal particulars of the detainee
Court Order
Probation Report
Charge Sheet
Medical Report (to show detainee isfit for traveling)
Parents’ Written consent for Medical
treatment.

This file is kept in the Administrative
office and is maintained by the officer incharge of the case.
A Record System is available to record
the following:
•
•
•
•
•
•

Admission of inmates
Daily attendance book
Log Book for Duty Officers
Personal belongings and valuables of
the inmates
A Record to record punishments
meted to them
A Record to record Merit and Demerit
Points118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS•••

A Daily Record for each teachert e ac hing d if fe ren t a ca d em i c a n dvocational skills.
A Monthly Report made by eachteacher of academic and vocational
skills.
A Record of fire drills conducted by
the staff

I n keeping w ith the gove rnm ent’s
effort to establish an E-Government, all
the STB are equipped with computers.
The Social Welfare Department is in theprocess of setting up a database system ina ll the S TB to ke ep a nd compile
information on juvenile offenders. Some
STB have set up a record system for thesejuvenile offenders in their institutions.
III. MANAGEMENT OFORGANIZATIONS ON
INSTITUTIONAL TREATMENT
A. Strategic Utilization Of Limited
Financial Resources And
Maximizing Cost
The continual developm ent ofresidential care and control of juvenile
offenders in Malaysia is closely linked tothe ava ilable financia l resources for
management of these institutions. Thea ll o c a t io n o f r e s o u r c e s t o f u n d t h einfrastructural develop ment andoperations of the system is fundamental,
but in a fast developing country like
Malaysia where its government is facedwith a multitude of other just ascompelling priorities, sometimes it may
n ot be adequa tely addressed. Th e
financial costs associated with residential
care of these juvenile offenders are high.
I n this re spect, besides theGovernment Agency, different actors
such as local NGOs, communal groups
and volunteers also have a vital role top la y i n p r o v i d i n g v a r i o u s f o r m s o f

assistanc e. Pa rents o r guard ians ofjuvenile inmates who can afford it, arealso req uired to contribute a certain
amount of money through the Court
Order. This amount may be small, about
RM50 to RM100 that is depending on theincome of the family but it may in a way
help to make the family moreaccountable.
Normally, an institution consists of 35–
40 staff, including both temporary andpermanent staff to supervise about 150 to
200 inmates. As these inmates requirecare and supervision 24 hours a day,sometimes it may be difficult to offer
more personalized care, social counselinga nd m o ra l t ra i ning a s t he s t a ff a reresponsible not only for the care andcounseling of the inmates but must also
h a n d l e a l l a d m i n is t r a t iv e m a t t e r s
relating to the institution. Hence, thein m a t e s a r e t r a i n e d t o he lp in t h emaintenance of the institution. Chores
m a y in clu de d ut ie s lik e ga rd e nin g,
cutting the grass, helping in the kitchen
and maintaining the cleanliness of theschoo l. By training them to b e se lf proficient, at the same time they also help
to reduce the costs of maintaining theinstitution.
In some Approved Schools such as STB
Taiping, the inmates are trained in theskill of making bread and cakes. Besides
learning a skill, the bread they make isused to feed the other inmates in theinstitution as well as the inmates of theO ld F o l k s ’ H o m e , a n o th e r W e l f a r e
Institution. At the same time, this also
helps to generate income from the sales of
br ead and buns to the public. T heinmates learn to be self-sufficient as wellas to minimize the cost of maintaining
the institution.
Active participation is also practised at
the lo we r m a nag e m en t le ve l in t he215

RESOURCE MATERIAL SERIES No. 59
i n st it ut io n s th r o u gh T h e B o a r d O f
Visitors. These gazetted board members
are usually individuals of respectables ta nd ing a nd inf lue nce in the lo ca lsociety, professionals and experienced
retired government officials. This board isusually very active in getting funds fromthe public through fund raising activities
such as Jogathon, Food Fair, etc. Local
NGOs like the Lion Club, Rotary Club
etc., also play a part by donating somemoney or basic necessities for the use of
the inmates.
B. Staff Training
Since all the Approved Schools areu nde r the jurisd iction o f the Soc ial
Welfare Department, the well-being andthe best interests of the juvenile offenderin the institution are of utmost
imp ortance. This is in line with thegovernment’s concept of a caring society.
Hence, staff training is very important inthis aspect.
Sixty percent (60%) of the staff in these
institutions are Social Welfare Officers so
their training is mostly on social workand cou nseling. T he So cial W elf ar e
Department’s own Institute is available
to train its own staff at the Federal level.
A t the S ta te le vel, the re is a a lso a
T ra ining U nit e a ch to assist in th et r a i nin g o f s t a f f i n a s p e cts s u ch a s
admission and supervision procedures.
Sometimes in-house training is provided
in the institution itself.
The increasing nature and magnitudeof juvenile delinquency require more
specialized treatment and counseling.
There is a need to have experienced andtrained counselors to see to their different
needs. In order to overcome this problem,
more counselors should be trained. In thisrespect, the Social Welfare Department
has taken steps to collaborate with a local
university in its efforts to train its staff in

216

diploma counseling. However, it is scarce
for any staff posted to the institutions, tohave an opportunity to go for training
overseas.
C. Managing Public Relations andObtaining Public Trust
Many in Malaysia haveamisconception and negative attitude
towa rd s juvenile delinquents. In its
efforts to bring these juvenile offenders
back into the fold of society after theirrelease, the staff in the institutions haveto correct this misconception. At the sametime, they must liaise with the public togain public trust.
In the past, the technical processes ofplanning,
m anagement
andimplementation of programmes in theinstitutions were left in the expert handsof its sta ff. Th ese process es w ere
considered and regarded as out of bounds
to members of the public, but today such
trends are changing. It is not uncommon
now for the government agency to seek
assistance from the public. One suche xa m p le is th e c o lla b o ra tio n o f t heinstitution a nd private sector in its
training programmes for the inmates,
whereby through a smart partnershipprogramme, the vocational skills of theinmates are upgraded. With this joint
effort between the two, the inmate canupgrade his skills as well as to prepare
himself for a reintegration into society.
Bes ides, it is hoped t hat with thetraining, Malaysia can achieve its dreamand objective of obtaining more trained
skilled workers in the future. However,
the actual exercise of planning, managing
and implementing is still in the hands ofthe government servants.
Community support and participationin the rehabilitative efforts is also drawn
through the Juvenile Welfare
Committees at district levels. These118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
committees comprise members of the
public who assist Probation Officers insupe rvising juvenile s, finding them
employment, arranging training facilities
and most of all making them feel accepted
into the com munity. The wholep r o g r a m m e i n v o lv e s p r o v i d i n g t h ejuvenile not only with coping skills but
also a stress-reduced environment to copewith.
The Department also has programmes
for establishing more Probation Hostels
amidst housing schemes in preference forlong institutionalised treatment. This is
in line with both its concept of a caring
and child friendly society. In the case of
the family of the juvenile offenders, help
in the form of various financial aids fromschemes administered by the department
is also provided. With these efforts geared
towards the well being of the juvenile
offender, it is hoped that public trust is
obtained.
Another effort to gain public trust is
through the Client’s Charter (as shown inAppendix B) for the Approved School.
Through the Client’s Charter, it is hopedthat responsible and fully committed staff
will help to improve the services provided
to the inmates. This will help to makethem more accountable to the public.
With the improvement in quality, publictrust is obtained.
The institution also tries to mobilize
the expertise and resources of NGOs. Its
clo se ra pp o rt with th e NGOs wo uld
inevitably help them in terms of resourcem o b i li z a ti o n . T h e v o lu n t e e r s f r o minternational welfare-orientated NGOs
such as the World Health Organization(WHO) and Japanese Overseas
Cooperation Volunteers (JOCV) haveresulted in the running of several social
projects such as the Community Based
Rehabilitation Programmes throughout

the country. This has helped to improve
tremendously the quality of professional
input in the institutions involved. In
terms of financial aid or grants, throughtheir international parent bodies, local
NGOs could hold sem inars andco nf e re nce s o n soc ia l is sue s. T he sese mina rs and co nf erences have a lso
helped to sustain family participation in
the care, education and control of theirchildren.
IV. CONCLUSION
In summary, a n attempt ha s beenm a d e to r e v ie w th e p r ac t ic e in th e
in sti tu tio n a l t re a tm e n t o f j uv e ni leoffenders as well as the management oforganizations providing institutional
treatment to the juvenile offenders aspractised in Malaysia. Specific mention
has been made to programmes carried out
in institutional treatment of the juvenile
offenders in the Approved Schools (STB).
Reference was also made to practices
used in the care and control of juvenile
inm a te s r ef e rr e d to the re sid e nt ial
Approved Schools by a Juvenile Court
system that still reflects the influence ofBritish colonial traditions. Mention wasmade to the New Bill which is expected to
be implemented sometime in the near
future. Finally, issues relating to the
management of organizations providing
institutional treatment to the Juvenile
offenders were also highlighted for theongoing developm ent of juveniles in
Malaysia for the 21st Century. It is hoped
these issues will contribute to ongoingprofessional and social policy debates as
the nation enters the new millennium
and a s efforts are made to transla te
Vision 2020 into reality for all Malaysia’schildren.

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RESOURCE MATERIAL SERIES No. 59
Appendix A
PROCESS OF TREATMENT AND REHABILITATION FOR JUVENILE
DELINQUENTS

ARRESTED BY LAWENFORCEMENTBEYOND PARENTALCONTROLPRODUCE IN
JUVENILE COURT

REMAND ORDER

ON BAILPROBATION INVESTIGATIONPROCEDURE IN COURT FOR HEARING

COURT ORDER FOR
REHABILITATIONINSTITUTIONAL
TRAINING -3 YEARSPROBATION ORDER-1 -3 YEARSLICENSED/AFTERCARE SUPERVISION-1 YEAR

REDUCE/EXTENDPROBATION ORDER

CASE CLOSEDDISCHARGED OF
PROBATION ORDER

218

SUPERVISION ORDER(NOT EXCEEDING
3 YEARS)CASE CLOSED118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Appendix B
CLIENT’S CHARTER(For Approved School)
We are committed to provide services of quality at all times to inmates under ourcare by:
•
•
•

•
•

•

•
•
•
•
•
•

•

Giving care, protection, guidance,
counseling and service for the wellbeing of the inmates.
Strengthening the image and identityof each inmate
Ensuring the physical and mentald eve lo pm ent an d gr ow th o f ea chindivid ual under its care in a
comfortable, safe and harmonious
environment.
Carrying
out
beneficial
andmotivational activities.
Providing academic studies andvocational training in keeping with
their potentials and age as well as
providing adequate guidance andfacilities.
Providingreligiousandmoral
ed ucatio n as w ell as f acilities inaccordance to their own religion andbeliefs.
Helping to facilitate job opportunities
f o r i nm a t e s a s w e l l a s a d e q ua t e
support
Providing balanced diet, medical andd e n ta l s e r vi ce s a s w e ll a s b a s ic
necessities
Being ready to help inmates in timesof emergency and difficulties
Concentrating on good moral values
and conduct.
Ensuring the confidentiality ofinmates
Striving and facilitating a closer
relationship and rapport among theinmates themselves as well as
inmates and family/staff.
Providing facilities and a safe
environment for the care andprotection of the inmates••

Encouraging self-discipline
Advocating a healthy lifestyle.

219