3 Procedure for protective measures

(1) Probation by a decision of family courts

In principle, a juvenile placed under probation receives instruction, supervision, guidance and assistance necessary for reformation/rehabilitation from a probation officer or volunteer probation officer until turning 20 years of age or having been discharged from the probation (See Section 2, Chapter 5, Part 2 for an overview of the probation process).

If a family court decides to place a juvenile under probation, the court may recommend either short-term probation or short-term probation for traffic offenses as appropriate for a juvenile whose level of delinquency has not advanced and thus can be expected to be improved or rehabilitated within the short-term. Probation is then carried out based on such recommendation.

(2) Referral to children's self-reliance support facilities or foster homes

Juveniles committed to children's self-reliance support facilities/foster homes are accommodated in these facilities/homes, which are open facilities for children requiring aid and are established in accordance with the Child Welfare Act.

(3) Referral to juvenile training schools and parole supervisions after the release on parole

A juvenile training school mainly holds custodies of juveniles referred by family courts and provides them with correctional education. As of April 1, 2016 there were 52 juvenile training schools (including three branch school) nationwide.

The period of commitment to a juvenile training school can, in principle, last until the juvenile reaches 20 years of age, but the superintendent of the juvenile training school may extend for a period not exceeding one year from the date of the referral. A juvenile in a juvenile training school is to be released upon completion of his/her period of commitment but in certain cases, a family court may decide to extend the commitment if requested by the superintendent of the juvenile training school, for a period not exceeding the date on which the juvenile turns 23 years of age. In addition, a family court may also decide to continue to commit the juvenile to a medical juvenile training school if requested by the superintendent of the juvenile training school, for a period not exceeding the date on which the juvenile turns 26 years of age.

Conversely, a juvenile in a juvenile training school may be released on parole before the completion of his/her period of commitment by a decision made by the Regional Parole Board. If released on parole, the juvenile is placed under parole supervision after the discharge until his/her period of commitment is complete or until his/her discharge is granted by the Board.

The management and administration of juvenile training school and treatment of the juveniles committed have been stipulated in the former Juvenile Training Schools Act (Act No. 169 of 1948) but the Act was replaced by the new Juvenile Training Schools Act (Act 58 of 2014) which went into force fully on July 1, 2015.