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2 Treatment of probationers/parolees (1) Establishment, modification, and revocation, etc. of special conditions of supervision The Offenders Prevention and Rehabilitation Act and the Act for Probationary Supervision of Persons under Suspension of Execution of Sentence required that special conditions be provided at the time of admission to supervision and once established could not be supplemented, modified, or revoked. The newly enacted Offenders Rehabilitation Act, however, examined the content of the special conditions, clarifying that the special conditions are for legal criteria violations that could result in such bad-conduct measures as parole being revoked, etc. The said act further provides that the special conditions are not always required at the time of admission to supervision, and can be established/modified during supervision, while those no longer required will be revoked. This has resulted in that more flexible probation/parole supervision treatment can be provided according to the issues and reformation/rehabilitation situation of probationers/parolees. (2) Specialized treatment programs Since FY 2006, as a special condition, probationers and parolees categorized as “sexual offenders, etc.” under the categorized treatment system (see (5) of this sub-section) have been obliged to take part in the sexual offenders treatment program. The newly enacted Offenders Rehabilitation Act provides for the taking of specialized treatment programs specified by the Minister of Justice to be a type of special condition and expressly states that if the taking of such programs is violated bad-conduct measures such as revocation of parole or suspension of execution of sentence can be taken. In addition to the sexual offenders treatment program, stimulant offenders treatment program and violence prevention programs are also being provided as specialized treatment programs. (3) Classified treatment system The classified treatment system was introduced in 1971. Based on the fixed criteria, probationers/parolees are classified into Class A or Class B according to the expected level of difficulty in treating them. For those who have satisfied criteria for parole (see Section 1 of this Chapter) and are granted parole but who have grave problems with their predispositions and environments and are expected to be difficult to treat, probation officers get involved in their treatment directly as experts and deal with them intensively. As of December 31, 2007, the Class A ratio (meaning the ratio of those considered difficult to treat) was 16.3% for prison parolees and 9.7% for offenders given suspension of execution of sentence with probationary supervision (Source: The Rehabilitation Bureau, Ministry of Justice). Those who are newly placed under probation/parole supervision after June 1, 2008 receive systematic probation/parole supervision through stage-based treatment (see (4) of this sub-section) instead of classified treatment. (4) Systematic probation/parole supervision through stage-based treatment Stage-based treatment is a system that places probationers/parolees at different treatment levels, categorized by the difficulty of treatment, and is based on the result of accurately grasping the possibility of them taking actions which could lead to offenses or delinquency and changes in the conditions relating to their reform/rehabilitation so that appropriate and efficient treatment can be implemented according to what is required at each stage. In addition, in accordance with the situation with treatment, appropriate actions such as changing the treatment stage or bad-conduct measures or good-conduct measures are used in carrying out systematic probation/parole supervision treatment. (5) Categorized treatment system The categorized treatment system is a system whereby probationers/parolees are divided according to the nature of their crime or delinquency, environmental conditions and other circumstances, and supervision is carried out focusing on the characteristics of each category. This system was introduced in 1990, and the number of categories was revised in 2003. Table 2-5-2-6 shows the major treatment categories of probationers and parolees (as of December 31, 2007). Table 2-5-2-6 Number and percentage of probationers/parolees by treatment category (as of December 31, 2007) Individual supervision of a categorized probationer/parolee is carried out based on the treatment manual prepared for the supervision of each category, and in some probation offices, group treatment is implemented for the probationers/parolees, and meetings for their guardians and guarantors were conducted. In 2007, 17 offices held a total of 31 meetings for guarantors of those of “Stimulants offenses” category, and a total of 569 guarantors participated (Source: The Rehabilitation Bureau, Ministry of Justice).(6) Interim treatment system In order to facilitate a smooth transfer back to society an interim treatment system was made available for parolees that had faced life imprisonment or long-term sentences (8 year or more term of sentence) in which they live at halfway houses and systematically undertake life training. In 2007 interim treatment was implemented for 92 persons (Source: The Rehabilitation Bureau, Ministry of Justice). (7) Priority Basis in the Implementation of Effective Treatment Since FY2007 probation officers have been involved directly in working with parolees that have long-term sentences, etc. requiring intensive supervision and need special consideration with their treatment, such as parolees whose living conditions or mental states have become noticeably unstable during long-term sentences. Probation officers are working to prevent such parolees from repeating offending through providing continuous intensive supervision and guidance. In addition, since the same year, probationers and parolees with violent tendencies that need special attention also receive close specialized treatment with heightened probation officers involvement. (8) Strengthening measures for probationers/parolees whose whereabouts have become unknown A system has been in full operation since 2006 for prison parolees and offenders given suspension of execution of sentence with probationary supervision whose whereabouts have become unknown in which the director of the probation office requests the cooperation of the chief of the district police headquarters and receives information on them from police so that they can then be promptly located. This resulted, during the period between December 2005, the start of a trial period, and March 31, 2008, full enforcement, 1,083 persons (586 prison parolees and 497 offenders given suspension of execution of sentence with probationary supervision) having been located (Source: The Rehabilitation Bureau, Ministry of Justice). Once located, measures such as evocation of parole, etc. are taken according to the degree to which the condition of supervision was violated and their living situation. (9) Promotion of comprehensive employment support measures for released inmates, etc. The Ministry of Justice is promoting employment support measures for probationers/parolees, etc. that include a guarantor system, seminars, tours of business establishments, workshops for hands-on experience at workplaces, and trial employment projects in collaboration with the Ministry of Health, Labour and Welfare. The implementation status of employment support conducted in 2007 was 1,615 cases with the guarantor system, 113 cases with seminars and tours of business enterprises, 10 cases with workshops for hands-on experiences at workplaces, and 197 cases with trial employment projects. In addition, the number of persons employed through employment support was 1,438 in FY2006 and 2,043 in 2007, respectively (Source: The Rehabilitation Bureau, Ministry of Justice). (10) System for listening to feelings, etc. of crime victims, etc. and redemption guidance program The system for listening to crime victims, etc. enables victims of crime, etc. to express their feelings and opinions, etc. to probationers/parolees via probation offices. In this system requests from crime victims, etc. are taken into consideration as much as possible, and aims at helping probationers/parolees to recognize the specific feelings, etc. of crime victims, etc. and the damage imposed by their crime or delinquency, and thus deepen their repentance. The redemption guidance program aims at helping probationers/parolees who have committed critical crimes with victims to recognize the seriousness of their crimes and deepen their repentance through practicing specific exercises that will strengthen their determination not to commit offenses again and sincerely respond to the wishes of crime victims, etc. (11) Promotion of National Center for Offender Rehabilitation Development of “National Center for Offender Rehabilitation,” which provide accommodation, intensive treatment and solid employment support by probation officers for inmates without guarantors such as relatives, etc. and have difficulty being accepted at halfway houses, to facilitate their reformation/rehabilitation and self-sufficiency are been promoted. In addition, the National Center for Offender Job Training and Employment Support (Numata-cho), which provides accommodation, and agricultural training and employment support for juvenile parolees, have been in operation since October 2007. |