3 Procedure for protective measures

(1) Probation based on a decision of a family court

A juvenile placed under probation based on a decision of a family court receives instruction, supervision, guidance and assistance necessary for reformation/rehabilitation from a probation officer or a volunteer probation officer, until turning 20 years of age or being discharged from the probation, in principle (See Section 5 of this Chapter for an overview of the probation process).

(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 established in accordance with the Child Welfare Act, which are open to children in need of aid.

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

A juvenile training school mainly holds juveniles referred by family courts and provides them with correctional education, support for reintegration into society and other treatment, for the purpose of fostering sound cultivation of juveniles.

A period of commitment to a juvenile training school can, in principle, last until a juvenile turns 20 years of age, but a superintendent of a juvenile training school may extend it 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, his/her commitment may be extended based on a decision of a family court until he/she turns 23 or 26 years of age.

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

(4) The amended Juvenile Act

In May 2021, the Act Partially Amending the Juvenile Act. (Act No. 47 of 2021) was enacted in order to take necessary measures in light of changes in the social situation, such as lowering the legal age of adulthood from 20 to 18 years, and the crimes committed by juveniles. The new Act will come into effect on April 1, 2022. The Juvenile Act was amended to designate a juvenile aged 18 to 19 as a specified juvenile, and special provisions were established for juvenile protection cases for specified juveniles, including [1] a family court, in principle, shall refer a case to a public prosecutor, where a juvenile aged 18 or older at the time of the offense committed a crime punishable with the death penalty, life imprisonment, or imprisonment with or without work for a minimum term of one year or more; [2] a family court, when it does not refer a case to a public prosecutor, shall subject a specified juvenile to rehabilitation measures of 6 or 24 months of probation or commitment to a juvenile training school, when it is found necessary, and [3] a family court shall not subject a specified juvenile to rehabilitation measures against pre-delinquency.