The current Prison Law(Law No.28of1908)has not gone through any substantial amendment since its establishment in1908,and it became utterly insufficient without any clear provisions on the rights and obligations of inmates and the authority of officials,and on concrete treatment measures for inmates.
  Therefore,Penal Institution Bills aiming for a full-fledged amendment of the Prison Law has been submitted to the Diet three times so far,only to be abandoned due to dissolution of the House of Representatives with a conflict among relevant organizations on the so-called substitute prison(custodial facility in a police station used in lieu of a detention house under paragraph3,Article1of the Prison Law)system.
  The recommendation by the Council on Prison Administration Reform also urges a full-fledged amendment of the Prison Law to make it adapt to the changing social needs.The Ministry of Justice started consultation with the National Police Agency and the Japan Federation of Bar Associations in July2004.Based on such consultation,firstly the Ministry will tackle passing a law focusing on the urgent issue of the treatment of sentenced inmates,and then will continue efforts to pass a law concerning the treatment of untried inmates as soon as possible.The Bill concerning Penal Institutions and Treatment of Sentenced Inmates was submitted to the162nd regular Diet session in2005.The Law passed on May18,2005and will be enforced on the date designated by a Cabinet Order,within one year from the promulgation(May25,2005).
  Treatment of untried inmates will be stipulated in the Law concerning Accommodation of Criminal Defendants in Penal Institutions(retitled Prison Law which was amended not to be applied to the treatment of sentenced inmates).
  Major contents of the Law concerning Penal Institutions and Treatment of Sentenced Inmates(Law No.50of2005)are as follows:
(1)Fundamentals of penal institutions and their operationFundamentals of penal institutions and their operation are defined.Details on establishment of the Penal Institution Inspection Committee,and its organization and authorities are also defined for securing transparency in the operation of penal institutions.
(2)Treatment of sentenced inmatesMajor contents of treatments of sentenced inmates defined in the Law are as follows:
(i) The Law clarifies the scope of rights and obligations of sentenced inmates,and the grounds and the limit of restrictions on their life and activities when necessary.
(ii) The Law guarantees proper life conditions for sentenced inmates.
(iii) The Law stipulates appropriate measures to maintain inmates'good health,such as medical services and exercises.
(iv) The Law contains the following provisions on treatment methods to encourage inmates to rehabilitate themselves and train their ability to adapt themselves to social life.
(a) Sentenced inmates should be made to work as correctional treatment and,at the same time,be given necessary guidance for rehabilitation and smooth reintegration into society.
(b) Correctional treatment should be implemented based on an individual guideline designed for each inmate,and specialized knowledge and technology should be utilized if necessary.
(c) In order to foster inmates'motivation and autonomy,restriction on their life and activities should be eased as achievement of goals becomes highly expected.
(d) In order to encourage inmates to rehabilitate themselves,preferential treatment should be introduced.
(e) Outing and staying-out overnight without accompanied by staff officials can be admitted for those inmates who meet certain requirements for helping their smooth reintegration into society.
(v) The Law develops provisions on external communication,such as receiving visits and sending and receiving letters,etc.
(vi) The Law develops a grievance system for inmates'protests,such as allowing them to apply for a review of certain measures conducted by wardens of penal institutions,or to notify facts,such as illegal use of physical force on their bodies.
(3)The Law develops provisions on the treatment of fine defaulters in workhouses,and on police cells substituting penal institutions,and also contains other necessary measures.