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2. Types of Probation/Parole Supervision for Adult Offenders
There are two types of probation/parole supervision in Japan.The first is supervision for juveniles(juvenile probationers and juvenile parolees),while the second is for adults.There are three types of probation/parole supervision for adults:(1)adult parolees,(2)adult probationers,and(3)women provisionally discharged from women's guidance homes.These three types of supervision are provided under the Offenders Rehabilitation Law,the Law for Probationary Supervision of Persons under Suspension of Execution of Sentence,and the Anti-Prostitution Law,respectively.The third type of supervision is not covered in this special article because there have been no cases in the past20years.
(1) Supervision for an adult parolee
Supervision for an adult parolee starts from the day on which the parolee is released from a prison.The parolee must appear before a probation office and follow the introductory procedure.Then,he or she must return to the designated place and thereafter meet a probation officer or volunteer officer on a regular basis to report his or her living situations and receive instruction and guidance.In most cases,the volunteer officer in charge of a parolee has already established cooperative relationships with the guarantor of the parolee because the volunteer officer has taken charge of environmental adjustment for the parolee while the parolee was in a prison.
There are two types of conditions a parolee must obey during supervision period:statutory general conditions applicable to everyone and special conditions established by a Regional Parole Board on a case-by-case basis under the Offenders Rehabilitation Law.
The general conditions require every parolee to(1)live in a certain house and get a respectable job,(2)maintain good behavior and conduct,(3)avoid contact with those people with criminal tendency or with bad morals,and(4)obtain permission from a probation office if the parolee desires to move his or her residence or take a long trip.In addition,several special conditions are established in most cases.For example,some special conditions prohibit stealing,use of stimulant drugs or other drugs,and any contact with organized crime group members,while some other special conditions require finding a job as soon as possible and keeping the job,meeting a volunteer officer every month to receive instruction,complying with the rules of a halfway house and avoid staying out overnight or leaving the house without permission.
If an adult parolee has complied with his/her conditions and led a respectable life following supervision,he/she is discharged from supervision and considered to have completed his/her sentence.However,a parolee sentenced to life imprisonment is to be placed under supervision for a lifetime unless he or she receives an amnesty(general amnesty,special amnesty,commutation of sentence,and remission of execution of sentence),because there is no remaining term of his/her sentence.
If a parolee repeats an offence or violates his/her parole conditions,the Regional Parole Board may revoke his/her parole.In such a case,the parole period is not counted as time served,and the parolee must serve all the remaining prison term regardless of how much time he or she spent on parole.
(2) Supervision for an adult probationer
An adult probationer is placed under supervision during the period from the day on which a court conviction is finalized until the expiration date of the suspended term of his or her sentence execution.
Adult probationers are different from adult parolees in that they are subject only to statutory general conditions and that no special conditions are established for them.The general conditions of probationers are less strict than those of parolees.They require each probationer to live in a certain house and notify his/her residence to the director of the competent probation office.In addition,their conditions require(1)keeping good behavior and(2)prior notification to the director of the competent probation office before any residential relocation or trip lasting one month or longer.
A probationer who has behaved well for a long period of time may be provisionally discharged from supervision.Even if provisionally discharged,the probationer will remain under supervision to some extent.He or she will still be required to submit notification of any residential relocation or long trip and also to maintain good behavior.However,he or she does not need to receive supervision through instruction/control and guidance/assistance.
A probationer who repeats an offense and,as a result,receives a sentence of imprisonment without suspension or who commits a serious violation of probation conditions must suffer the revocation of his or her suspended sentence and serve his or her sentence in a prison.On the other hand,if a probationer completes his or her suspended term without suffering revocation,the sentence will become null and void.