ii.
iii.
iv.
The COVID-19 pandemic has triggered a serious global discussion on prison
reform. Prison could be seen as breeding grounds of infectious diseases such
as COVID-19, Tuberculosis (TB), Hepatitis B and Hepatitis C. Poor ventilation
and unavoidable cross contact, unsanitised facilities and the lack of access to
health care are all contributing factors to the outbreak of diseases in the
prison.
Overcrowding in the prison, lack of resources and access to health
commodities such as masks, sanitizers and personal protective equipment
may lead to uncontrollable outbreaks in prisons and places of detention
threatening both inmates, prison officers, their families, and the locality
where they live and therefore jeopardizing billions of dollars spending
towards the containment and mitigation of the pandemic.7
The impact of imprisonment towards individuals, their families, communities,
and national economy. The stigma attached to being an ex-convict was further
amplified by the fact that permanent criminal records would negatively
impacts future employment prospects for them.8
Furthermore, YB Dato’ Sri Azalina reiterated that overcrowding in prison is a common
issue in Malaysia shared by other countries. As of 25 August 2021, Malaysia has a
total of 69,507 prisoners.9 She believes that it is the time to review and reform
national legislations and policies relating to prison management through an evidencebased approach in the planning of programmes, training of prison officers, policy
improvements, and development of prison management systems.10
YB Dato’ Sri Azalina stated that to reduce severe overcrowding, everyone must
consider ending custodial sentences and shift to alternative non-custodial sanctions
for inmates who are detained because they do not have enough money to bail
themselves. Moratorium of new admissions, and early or conditional release
especially during critical time while the country is recovering from the massive social
economic impact due to the pandemic may be considered. According to her, these
options should be made available for non-violent offenses and people with chronic
illness.
She highlighted that pre-trial detention is overly used in most developing countries.
In fact, the United Nations Office on Drugs and Crime (UNODC) reported11 that pretrial prisoner’s population is sometimes more than the convicted population and it
7
According to YB Dato’ Sri Azalina, a total of 51,823 prisoners, prison staffs and their family members were
infected by COVID-19 since 2020.
8
Social economic exclusion is inevitable. For some ex-convicts, it becomes and endless cycle of poverty and
modularisation which may lead them to a life of criminality and repeated imprisonment.
9
Malaysia is over capacitated by 14 percent which is approximately 88,330 prisoners more than it can
accommodate. In some cities, prisons are over capacitated by 120 to 200 percent for example in Alor Setar,
Taiping and Kajang.
10
Reducing severe overcrowding requires an upgraded prison data management system and combined with the
strengthening of institution, capacity building for prison managers and staffs in compliance with the
international standards and guidelines.
11
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders, UNODC,
Vienna, 2018
6