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414 GROUP 3 REHABILITATION AND CORRECTIONAL PROGRAMMES IN THE COMMUNITY TO PREVENT RECIDIVISIM BY DISCHARGED PRISONERS: THE ACTUAL SITUATION, PROBLEMS AND COUNTERMEASURES I. INTRODUCTION The search for effective measures for the rehabilitation of the offender has led the criminal justice world to look beyond the walls of the prisons for programs in the community, which are effective in complementing the rehabilitative efforts of the penal institutions. Rehabilitation, the philosophy that has gained root in modern penology, is in itself a very useful concept. The prisons however, are choked with cases which could have been best dealt with outside it; either thorough alternative non-custodial sentences or by preventing the re-offending of some of the convicts through treatment programs while they were on release from prison. Studies and experience have shown that the prison setting is not always ideal for preparing the offender to reintegrate successfully into society. They can be worse- off on release. It has also been felt that the ultimate aim of correctional programs is the Chairperson Ms. Josephine Muthoni Murege (Kenya) Co-Chairperson Ms. Fumi Muraoka (Japan) Rapporteur Mr. William Kwadwo Asiedu (Ghana) Co-Rapporteurs Mr. Yoon, Bo-Sik (Republic of Korea) Mr. Mamoru Suzuki (Japan) Members Mr. Sairusi Gauna Tuisalia (Fiji) Mr. Hideharu Maeki (Japan) Mr. Satoshi Nakazawa (Japan) Mr. Mamoru Takatsu (Japan) Advisers Professor Tomoko Akane (UNAFEI) Professor Shoji Imafuki (UNAFEI) rehabilitation of the convict-prisoner in society. By keeping the prisoner away, they are further removed from society, thus making readjustment very difficult. Therefore, community-based treatment programs have been commended as having more hope for rehabilitation than the prisons. Accordingly, some countries have evolved packages of community-based treatment programs. So much importance has been placed on non-custodial measures that various international forums have been convened to design and recommend measures for effective treatment programs in the community. Rather than see issues as domestic, with the need to implement local prescriptions, the world community has, through various forums, treated the search for effective measures as a global concern. The efforts of the world community have resulted in the formulation of the Standard Minimum Rules for Non-custodial Measures (the

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GROUP 3

REHABILITATION AND CORRECTIONAL PROGRAMMES INTHE COMMUNITY TO PREVENT RECIDIVISIM BY

DISCHARGED PRISONERS: THE ACTUAL SITUATION,PROBLEMS AND COUNTERMEASURES

I. INTRODUCTION

The search for effective measures for therehabilitation of the offender has led thecriminal justice world to look beyond thewalls of the prisons for programs in thecommunity, which are effective incomplementing the rehabilitative efforts ofthe penal institutions.

Rehabilitation, the philosophy that hasgained root in modern penology, is in itselfa very useful concept. The prisons however,are choked with cases which could havebeen best dealt with outside it; eitherthorough alternative non-custodialsentences or by preventing the re-offendingof some of the convicts through treatmentprograms while they were on release fromprison. Studies and experience have shownthat the prison setting is not always idealfor preparing the offender to reintegratesuccessfully into society. They can be worse-off on release.

It has also been felt that the ultimateaim of correctional programs is the

Chairperson Ms. Josephine Muthoni Murege (Kenya)Co-Chairperson Ms. Fumi Muraoka (Japan)Rapporteur Mr. William Kwadwo Asiedu (Ghana)Co-Rapporteurs Mr. Yoon, Bo-Sik (Republic of Korea)

Mr. Mamoru Suzuki (Japan)Members Mr. Sairusi Gauna Tuisalia (Fiji)

Mr. Hideharu Maeki (Japan)Mr. Satoshi Nakazawa (Japan)Mr. Mamoru Takatsu (Japan)

Advisers Professor Tomoko Akane (UNAFEI)Professor Shoji Imafuki (UNAFEI)

rehabilitation of the convict-prisoner insociety. By keeping the prisoner away, theyare further removed from society, thusmaking readjustment very difficult.Therefore, community-based treatmentprograms have been commended as havingmore hope for rehabilitation than theprisons.

Accordingly, some countries haveevolved packages of community-basedtreatment programs. So much importancehas been placed on non-custodial measuresthat various international forums havebeen convened to design and recommendmeasures for effective treatment programsin the community.

Rather than see issues as domestic, withthe need to implement local prescriptions,the world community has, through variousforums, treated the search for effectivemeasures as a global concern. The effortsof the world community have resulted inthe formulation of the Standard MinimumRules for Non-custodial Measures (the

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Tokyo Rules ) drafted by UNAFEI andsubsequently adopted by the GeneralAssembly of the United Nations, for theguidance of all communities in thetreatment of offenders.

Since our scope of discussion is limited,we intend to discuss community-basedprograms for discharged prisoners. Thegroup’s plan is to conduct a comparativestudy of the various types of programs inactual use for preventing dischargedprisoners from re-offending, and forpromoting their reintegration into society.We will also consider the categories ofdischarged prisoners who benefit fromspecific programs and the roles played byformal and informal organization. An in-d e p t h s t u d y o f t h e p r o b l e m s o fimplementation follows. The group furthera t t e m p t s t o p r o p o s e p r a g m a t i ccountermeasures that take the socio-political and economic situations of thevarious countries into consideration.

II. GENERAL ISSUES

A. Discharged Prisoners in SelectedCountries

The scope of the discussion is on earlyand full-time release of prisoners as far asit relates to their supervision, aftercare andguidance. Whenever practicable, youngoffenders serving prison terms will bediscussed in the course of the study. It willb e c o m e a p p a r e n t t h a t d i f f e r e n tterminologies are used for systems andproblems that are essentially similar.

The discussion is based on the practiceof countries not only of group members;Fiji, Ghana, Japan, Kenya and Korea, butalso four countries with programs of whichinformation is available: Hong Kong,Papua New Guinea, Philippines andThailand. These practices will be discussedfor identification of shortcomings andcountermeasures. The discussion on theearly release of prisoners focuses onfollowing systems:

(i) Parole in Japan, Korea, PapuaNew Guinea, Philippines andThailand;

(ii) Remission in Ghana (withlicense), Kenya (for long-termprisoners) and Thailand;

(iii) Release Under Supervision inHong Kong;

(iv) Extra Mural Punishment (EMP)and Compulsory SupervisionOrder (CSO) in Fuji;

(v) Release on License in Kenya (foryoung offenders).

III. PROGRAMMES IN ACTION

A. Operation of Various Programsfor Different Categories ofDischarged Prisoners

1. Working Definition of Supervision,Aftercare and Guidance

Supervision in the context of community-based corrections involves the institutionof control measures to prevent theoffenders from re-offending. Aftercareinvolves measures to help them to reformand reintegrate into society by meeting thematerial and immaterial needs ofdischarged prisoners. Guidance generallyinvolves counseling the dischargedprisoners and teaching them life skills inorder to overcome the many obstacles andfrustrations they would come across afterrelease.

2. Classification SystemIn Japan, the classification system has

been in operation since 1971. Probationofficers use Needs/Risk Assessment toclassify parolees. This system wasimplemented to classify and treatindividual discharged prisoners accordingto their limited resources of ProfessionalProbation Officers. Parolees are classifiedinto two groups: Groups A requires moreattention and intervention by probationofficers, and Group B does not present any

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acute or serious problems. Factors inclassification to be considered are:unemployment, no fixed residence, drug oralcohol abuse, recidivism, poor attitudetoward supervision and association withorganized criminals. Cases are reviewedoccasionally for possible re-classification.As of December 1997, 22.3% of adultparolees throughout Japan were classifiedas Group A.

Meanwhile other countries do not haveclassification systems for parole and otherforms of early release.

3. Supervision, Aftercare and Guidancefor Early Released

ConditionsSupervision is largely based on

conditions. The objectives that aresupposed be achieved include theprevention of recidivism and facilitation ofrehabilitation and reintegration.

(a) JapanA r t i c l e s 3 4 o f t h e O f f e n d e r s

Rehabilitation Law of Japan stipulates theconditions for granting parole as:

(i) To live at a fixed residence andengage in an honest calling:

(ii) To be of good behavior;(iii) To keep away from persons who

are of criminal or delinquenttendencies; and

(iv) To ask their supervisor forpermission in advance forchanging residence or going on along journey (exceeding a week).

In addition to general conditions, theparolee is also required to abide by specialconditions such as no gambling, overindulgence in alcohol and dealings withdrugs. Special conditions vary widely asthey are designed to meet the individualneeds of each parolee.

(b) KoreaThe parolees of Korea are subject to

supervision these conditions:(i) Refrain from committing crimes;(ii) To live at a fixed residence;(iii) Report to probation office once a

month and sometimes more ifnecessary; and

(iv) To be of good behavior.

(c) Papua New GuineaIn Papua New Guinea, the parolee

immediately reports to the office of theParole Service. The other conditions are:reporting to a Parole Officer or VoluntaryParole Officer as and when required by theoffice of the Parole Service; keeping thepeace and being of good behavior; followingany direction or instructions given by aParole Officer; and not changing the placeof residence unless s/he has given theParole Officer reasonable notice of theintention to do so, as well as the reasonsfor the proposed change.

The Parole Officer must give permissionfor the change of residence and the paroleemust comply with any orders given by theParole Officer in relation to the change ofresidence. The Parole Officer must benotified in reasonable time of the intentionof the parolee to change their employment,the reasons for wanting to do so and thenature and place of his /her proposedemployment.

The parolee must give reasonable noticeto the Parole Officer of any contracts, debtsor financial undertakings they propose toincur or enter into which might have asignificant effect on their income or familysituation. They shall allow a Parole Officeror Voluntary Parole Officer to enter theirhome, during reasonable hours, inexecuting their duties. The parolee inPapua New Guinea may be further orderedby the Parole Board to follow specialconditions of the Parole Order. The Boardhas discretion in imposing additionalconditions. The goals of the Board areensuring compliance of the order and thegood conduct and welfare of the parolee.

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These additional conditions may include:residing in a named place for the period ofparolee, refraining from entering a namedtown, actively looking for employment orfor a legal means of supporting the paroleeand their family, undertaking alcoholcounseling, family counseling, marriagecounseling and avoiding contact with anamed person. They may also be orderedto refrain from using alcohol or illegaldrugs, or be required to participate in otherrehabilitative programs offered in thecommunity and view videos on law andorder.

The parolee is however, exempt frompaying compensation, doing communitywork or paying a fine since these arealternative punishments at the sentencinglevel.

(d) ThailandPrisoners who benefit from early release

in Thailand, either through parole orremission, are given conditions on theirearly release. They are to refraincommitting crimes, from entering areasdetermined by the competent authority andare required to report in person to acompetent authority as designated by theDirector-General of the Department ofCorrections.

They are to continue with the occupationarranged and supervised by the competentauthority, to resume their formeroccupation or take the occupation arrangedand supervised by close friends or relations,and to practice their religion.

(e) FijiThe conditions or release in Fiji are: (1)

the prisoner released on CompulsorySupervision Order shall at all timesproduce the order when demanded by amagistrate or police officer, (2) they shallabstain from any violation of the law, (3)they shall not habitually associate withnotoriously bad characters such as reputedthieves, law breakers, receivers of stolen

properties and the like, (4) they shall notlead an idle or dissolute life, (5) they shallreport personally to the person named asresponsible for their supervision withinseven days after release, (6) they shall notchange their place of residence withoutprior notification of such change to theirsupervisor and (7) they shall, during thefirst week of every month, report in personto the person named as being responsiblefor their supervision.

(f) GhanaThere are only three conditions for

release on licensee in Ghana. The licenseeon their immediate release has to reportto the police with their license. Thereafterthey report to the police periodically ontheir movements and change of address.For the unexpired period of the originalsentence, and while at liberty, the licenseemust not be convicted of any criminaloffense involving fraud or dishonesty.

(g) Hong KongThe conditions of release under

supervision in Hong Kong are: (1) theprisoner released shall comply with theconditions of their release specified in theorder, (2) s/he shall comply with thedirections of their supervising ProbationOfficer on matters concerning workplacement and rehabilitation and (3) s/heshall immediately notify their supervisingProbation Officer of any change in address.

(h) PhilippinesThe conditions for release in the

Philippines are: (1) the released prisonershall be placed under the supervision of aParole and Probation Officer so that s/hemay be guided and assisted towardsrehabilitation, (2)s/he shall report in personto the Parole and Probation Office asspecified in the Release Document forsupervision, (3) s/he shall comply will theterms and conditions appearing in theRelease Document and (4) s/he shall not

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transfer from the place of residencedesignated in the Release Documentwithout prior written approval of theBoard.

Duration and Routine Process ofSupervision

(a) JapanIn the case of a person serving life-

imprisonment in Japan, the parole periodis for the rest of their life unless s/he isparadoned in the course of the paroleperiod. In all other cases, the averageduration of supervision is five months.There was no data on duration ofsupervision for most counties.

In Japan, the Probation Officer takesinto consideration all informationpresented at the various interviews,together with the data in the case records,to assess the individual’s needs andproblems which require special attention,and to eventually work out a treatmentplan. The Professional Probation Officerand Volunteer Probation Officer, who isworking under the supervision of theProfessional Probation Officer, work intandem according to the treatment plan.

The methods of supervision are: (1)Volunteer Probation Officer is to observethe behavior of the parolee by maintainingclose contact with parolee. The paroleevisits the Probation Officer or the VolunteerProbation Officer twice a month. In turnthe Probation Officer or the VolunteerProbation Officer visits the parolee once amonth; (2) the Professional ProbationOfficer and the Volunteer Probation Officergive the parolee such instructions as aredeemed necessary and pertinent to makethem observe all the conditions given and(3) the Professional Probation Officer andthe Volunteer Probation Officer take othermeasures necessary to make the parolee alaw abiding member of society.

The Volunteer Probation Officer submitsa regular monthly progress report to the

Probation Office. In the addition they senda report whenever an unusual incidentoccurs, in relation to the parolee. Whenconsidered necessary, judging from thereport of the Volunteer Probation Officeror information of the police or parolee’sfamily, the Probation Officer visits theparolee, sends a letter to the appear at theProbation Officer or other local offices. TheChief of Probation Office has power tosummon and interrogate, even though s/he has no power of arrest. The Chief ofProbation Office can have the parolee, whois in breach of the conditions of their parole,arrested under a warrant (in advance) bya judge.

(b) Papua New GuineaIn Papua New Guinea, supervision of

parolee is conducted by a Parole Officerfrom the Attorney General’s Department.If a parolee is going to stay far away fromthe probation centers, s/he is required toreport to a volunteer parole office in theircommunity. The Volunteer Parole Officerwill then work closely with the ParoleOfficer. Supervision requires alwaysascertaining that the parolee is of goodconduct and observes the conditions ofparole.

(c) ThailandSupervision in Thailand is conducted by

the Probation Officers who belong to theDepartment of Corrections of the Ministryof Interior and Volunteer ProbationOfficers. They supervise the livingconditions of the early release. They payattention to the releasee’s relationship withtheir family, neighbors and attitudetowards work. The supervisors giveguidance to the family and neighbors, aswell as the release.

(d) Hong KongSupervision of the early released is done

by Probation Officers of the Hong KongCorrectional Department’s, Secretariat for

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Security. The objectives of supervision areto assist the early releasees to berehabilitated and reintegrated into society,as well as to protect the public from theperils of re-offending.

(e) PhilippinesThe Philippines operates a system where

the Probation Officer of the Department ofJustice supervise the parolees. They areassisted by Volunteer Probation and ParoleAides whose task is to assist in supervisingparolees, pardonees and probationers.They are specifically tasked to supervisetheir charges by devoting not less than 4hours a week. They have a maximum of 5clients and must prepare and submit to theChief of Probation and Parole Officemonthly reports on their clients.

They must keep all information aboutthe job in strict confidence and in closeconsultation and cooperation with Chief,perform incidental duties periodically. TheProbation and Parole Office where theparolee reports to, will issued with a copyof the release documents of the parolee. Theoffice must then ensure that the paroleereports within 15 working days. They mustalso ensure that the parolee complies withthe terms and conditions of the release andmake immediate report to the Board of anybreath of the conditions.

(f) FijiIn Fiji, the early released prisoner under

EMP will undertake public work for 6hours each day, or not less than 30 hoursper week, at any identifiable governmentdepartment or provincial office near theirresidence until their term expires. Theywill be under the supervision of agovernment official appointed by thegovernment department or provincial officeduring their extra mural labor.

The prisoner released on CSO is underno supervision but s/he must report to thepolice station nearest their place ofresidence during the first week of every

month, until their term expires. A life termprisoner will be released on pardon and s/he will be under CSO for the averageduration of 12 months. In other cases ofCSO release, the average duration ofsupervision is the unexpired portion of thesentence to the date of discharge.

(g) GhanaA person released on license in Ghana

is supervised by the police until the termof imprisonment expires. The prisonerreports immediately after s/he leaves theprison, with a copy of the license. The policeare sent a separate copy by the prisona u t h o r i t i e s . T h e l i c e n s e e m u s tsubsequently report on their movementsto the police on fixed days. This works as acontrolling and check mechanism againstreoffending. The licensee is aware that thecommunity is monitoring him/her. Thecommunity, knowing the offenders in aparticular crime, is reassured. Of coursethere is a lot of goodwill between the policeand communities in Ghana.

(h) KoreaThe parolee in Korea is supervised by

probation officers. The duration ofsupervision is the remaining days of theoriginal sentence. This system ofsupervision was introduced in 1989. Theparolees engage in community services likesnow-clearance, rubbish collection athistorical sites and palaces. They performlibrary services like bookbinding and alsoengage in ecological activities.

Suspension and Revocation

(a) JapanThe Regional Parole Board in Japan may

suspend probationary supervision whichmeans supervision can no longer be carriedout because the Probation Office does notknow the whereabouts of the parolee. Thepenal term shall cease to run and shall berestored on withdrawal of the ruling of

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suspension of probationary supervision.Revocation takes place when the RegionalParole Board which has jurisdiction overthe parolee, upon the request of the Chiefof Probation Office, decides that the breachof conditions of the parole is serious enoughto warrant revocation. The parolee is thenrecommitted to prison.

(b) Papua New GuineaWhen a parolee is in breach of the

conditions of parole in Papua New Guinea,by either committing another offence orfailing to adhere to the parole conditions,s/he is taken to court and the parole iscancelled. Subsequently s/he is made toserve the unexpired period of the originalsentence, and any new sentence that maybe imposed for the subsequent offence. Theconsequence for breach of the conditions forearly release is re-arrest without warrantand re-imprisonment for the remainingperiod of the original sentence. S/he willface additional disciplinary charges.

(c) Hong KongIn Hong Kong a beach of supervision

conditions or a relapse with drug use(under the drug treatment programs)would result in the parolees recall forfurther treatment for twelve months fromthe date of first admission, or four monthsfrom the date of recall. A general breach ofthe conditions for early release undersupervision, or pre-release employment,may result in suspension of the order andrecommittal into prison for the unexpiredterm of the original sentence.

(d) FijiIn Fiji, a prisoner released on EMP, upon

breach of a condition of release, would bereturned to the prison to serve theremaining portion of the sentence; inaddition to any other punishment theCommissioner of Prisons would impose forbreaching the condition of release. In thecase of CSO, the releasee who breaches a

condition of release, would be apprehendedafter their CSO is revoked by the Ministerof Home affairs and Justice, and am a g i s t r a t e i s s u e s a n o r d e r o fapprehension. They would then serve theunexpired portion of the sentence from thedate of release on CSO, plus a sentence ofthree months imposed by a magistrate forbreach of condition.

(e) GhanaA person released on licensed on license

in Ghana who breaches the conditions bybeing convicted of any criminal offencei n v o l v i n g f r a u d o r d i s h o n e s t y,automatically forfeits their license and hasto serve the unexpired period of the originalsentence, in addition to any fresh sentencefor the new case.

For failure to notify police of theirmovements, change of address or failureto report as a convict on license, the licenseereceives a twelve-months term ofimprisonment or serves the unexpired termof the original sentence.

(f) Korea and ThailandAlso in Korea and Thailand, if parolees

fail to comply with any condition, they haveto be re-imprisoned for the remainingperiod of their terms of sentence.

The statistics on revocation rates areavailable in Appendix one.

Aftercare and Guidance

(a) JapanIn Japan aftercare and guidance,

referred to as the method of rehabilitationaid, is effected by helping the parolee toobtain the means of education, training,accommodation and vocational guidance.The discharged prisoner is helped to reformand adjust to their environment and isaided to return to a destination suitablefor rehabilitation.

Parolees are specifically assigned to

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Volunteer Probation Officers who counselthem in various areas of life, for instance,their human relationship with friends,family members and neighbors. TheVolunteer Probation Officers use theirabilities and knowledge to impart socialand living skills to the parolees. They areactively involved with the parolees andeven assist them in finding jobs. Sometimesthe Chief of Probation Office requestshalfway houses accommodate parolees whohave need or are designated by theProbation Office.

(b) ThailandThe service providers in Thailand are

not clearly identified. Some organizationsliaise with the Department of PublicWelfare and Labor to help releasees. Theyare not restricted to prisoners, but help ex-prisoners who call for assistance.

(c) Hong KongHong Kong’s aftercare system is

delivered by experienced aftercare workswho use a dynamic, therapeutic and out-reach methods to monitor the programs orwork of the releasees. During the period,regular contact is maintained between thesupervisor and client. The aftercare agentsprovide timely and appropriate guidanceand assistance. The agents are anxiousthat their success rate, which is measuredby the percentage of releasees whocomplete supervision, is always high.

(d) PhilippinesThe Volunteer Probation and Parole

Aides of the Philippines provide guidance,counseling and placement assistance fortheir clients. Since 1996, the Philippine’shalfway house has been offering aftercaremonitoring of i ts ex-residents incooperation with the Department of SocialWelfare and Development, the Departmentof Justice and the Department of LocalGovernment.

(e) Fiji and GhanaAlthough Fiji and Ghana have no formal

aftercare systems, there are severalattempts currently being made by thePresbyterian Church of Ghana and a fewreligious groups and district councils in Fijito provide halfway house for releasees. Inaddition, in Ghana the society is so cohesivethat a released prisoner who goes home,repentent, would be taken in quickly andhelped to be financially independent. S/heis offered help in putting up a house orpreparing a farm. The chiefs, elders,pastors, schoolmasters and the public areall agents for guidance and counseling.When a young person misbehaves,s/he is asked if there are any elders in theircommunity to advise them. Guidance andcounseling are expected to come from theelders of the community and the well-placed in society.

(f) KoreaParolees in Korea receive help from the

Probation Officers in terms of lodging,vocational training and job referrals. TheKorea Rehab i l i ta t i on Pro tec t i onFoundation provides accommodation, foodand commutation allowance to the parolee.

(g) Papua New GuineaPapua New Guinea has no aftercare

system.

4. Supervision, Aftercare and Guidancefor Full-time Released

(a) JapanJapan has no supervision system for

prisoners who serve full time. It hasaftercare for this category for a maximumperiod of six months from the date ofrelease. The Chief of the Probation Officein Japan interviews and investigates thebackground of released offenders whorequest aftercare services. Decisions arebased on the urgency of the situation andthe willingness of the released person to

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rehabilitate themself. Aftercare servicesare temporary and cover meals, clothing,travel fares, lodging and referral to publicemployment of welfare services. Issues ofaccommodation are referred to halfwayhouses which can provide lodging, boardand living guidance.

(b) ThailandThailand does not have programs for

full-times released, except the invitation tosettle in penal colony for those selected.This system allows discharged prisoners totreat parcelled-out land as their privateproperty. While they are still serving timeon the penal colony, they can invite theirfami l ies to l ive with them. Thisarrangement continues after release, butdue to the problem of land sharing, thissystem has been stopped.

(c) Fiji, Ghana & Papua New GuineaFiji, Ghana and Papua New Guinea have

no programs of supervision or aftercare forthe full-time released.

(d) KenyaIn Kenya, in the case of a high-risk

offender, an order is sometimes made forsupervision after completion of thesentence. The Court decides the period ofsupervision. When on supervision, thereleasee is required to report to the policestation or post nearest to their home atleast once a month. The releasee’smovement and actions are monitoredclosely during this time by the police.

5. Young Offenders

(a) JapanIn Japan, Article 58 of the Juvenile Law

provides that parole may be grated to ayoung offender sentenced to imprisonment(with or without labor) when s/he was ajuvenile, after the lapse of the followingperiods: seven years in the case of a penaltyfor life; three years in the case of a penalty

for a determinate term and one-third of them i n i m u m p e r i o d i n t h e c a s e o findeterminate sentence.

Also the young offender must showgenuine reformation, which is judged bythe Regional Parole Boards, taking intoaccount the following factors: the degreeof repentance; eagerness to rehabilitate;the likelihood of recidivism and thesociety’s willingness to accept parole.

The following general conditions, asprovided by law, are automatically imposedupon a parolee from juvenile prisons: to liveat a fixed residence and engage in a lawfuloccupation; to be of good behavior; to keepaway from persons who are of criminal ordelinquent tendencies and to ask theirsupervisor for permission, in advance, forchanging residence or going on a longjourney.

In addition to these general conditions,the parolee is also required to abide byspecial conditions which the RegionalParole Board sets forth as a guide towardsa law-abiding life. Guides to rehabilitationcontain prohibitions, obligations andencouragement. Special conditions varywidely as they are designed to meet theindividual needs of each parolee.

The parole board may terminate onlyindeterminate sentence. Clause 1 of Article48 of the Offenders Rehabilitation Lawprovides that in case the minimum periodof the penalty which has been imposedupon a person under the provisions of theJuvenile Law has passed while s/he is onparole from the prison, the execution of thesentence may be regarded as having beencompleted by a ruling rendered by theRegional Parole Board, at the request ofthe Director of the Probation Office, if itdeems it proper in view of the merits s/hehas achieved while under probationarysupervision.

The Regional Parole Board revokesparole upon the application of the Directorof Probation Office. The parolee may beconfined in the prison for the original

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parole period, but s/he may be grantedparole on the revoked sentence in thefuture.

(b) KenyaKenya has a well-designed treatment

program for young offenders who go onrelease on license, either early or afterserving a full-time sentence of maximumthree years at the Borstal Institution(under prisons). In Kenya the After-CareCommittee decides on early release issues.Probation Officers have been called uponto provide the above services, through anadministrative arrangement, until the“Parole Bill” is enacted by Parliament.Supervision and aftercare services areprovided by the Home District ProbationOfficer. The immediate aim of the programis to resettle them back home so they reportto the Probation Officer immediately onrelease. Assistance usually ranges fromtools (for various trades undertaken in theinstitution), counseling and ensuring thatthey go back to school if they are off formalschool-going age. They are also assisted toget trade training in the local traininginstitutions like polytechnics. TheProbation Department has also establishedan aftercare resettlement fund thatassistant the released inmates with toolsand payment for their training, dependingupon the availability of funds. Theprobation officer actually helps the ex-inmate and their families in order tofacilitate proper reintegration.

Kenya’s conditions of supervision andaftercare for young offenders include: beingof good behavior; being truthful; reportingto the Probation Officer at least once amonth or as required, refraining fromkeeping bad company, especially bad peers;informing the Probation Officer of theirmovement ; remaining in regularemployment, school or training program;avoiding intoxicating liquor or drugs; andobserving any other condition laid down byProbation Officer.

On failure to observe any of theconditions, the Probation Officer wouldfirst issue a warning. That failing, thereleasee would be recalled by theCorrections Commissioner to the BorstalInstitute where s/he would be detained fora period not exceeding three months. Afterthis s/he would remain on suspension forthe period s/he was originally committedto serve.

6. Specialized Programs for SolvingSpecific Rehabilitative Needs

(a) Hong KongDrug addiction treatment centers are

used in Hong Kong to commit a minoroffender who is found to be a drug user. S/he is committed for a period of not morethan twelve months, with dischargedepending on progress. The program aimsat detoxifying and restoring the health ofthe offender, by attacking the basis of theirdrug use and re-integrating them intosociety. Treatment involves counseling,work and vocational training.

On release, such an offender is placedunder a year’s mandatory aftercare andsupervision, aimed at assisting socialreintegration. The correctional staff visitthe offender’s and work place to check onpossible drug use. The Hong KongCorrectional Services Department requiresthe released prisoner to submit to urinetests and notify their supervisor on changeof residence. On violation of the conditions,the Commissioner of Corrections, ifsatisfied, would issue a recall order. Theprisoner would be recalled and required toserve the remaining sentence or serve fourmonths imprisonment, whichever is longer.

(b) JapanReferred to as categorized treatment in

Japan, the Regional Parole Board classifiesparolees with special situations into sixgroups; thinner sniffing, stimulant drugabusers, gang members, sex offenders,

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mentally disturbed and long termers.Probation officers re-classify them duringthe supervision process.

(c) ThailandChemical substance abuse programs

exist in Thailand’s prison, but they havenot been extended to the community tobenefit discharged prisoners specifically.Non-governmental organizations runsimilar programs for the general public,although not discharged prisoners inparticular.

(d) Other CountriesThere are no drug or substance abuse

treatment programs in the other countries.In the countries which have some form oftreatment, the information gathered wasnot enough to warrant fuller discussion.

7. Halfway Houses

Halfway houses can be defined ascommunity-based centers where offenderscan obtain basic necessities like food,clothing and shelter. They generally caterfor probationers, parolees and dischargedprisoners.

(a) Japan In Japan, all halfway houses are run by

a private association(Juridical Person forOffenders Rehabilitation Services).Halfway houses accommodate nearly aquarter of parolees lacking a suitable placeto live.

Japan has 99 halfway houses which areunder the authority of the Ministry ofJustice. The capacity of each facility rangesfrom 10 to 110. Currently their totalcapacity is 2,267. During 1996, the numberof adult parolees who received assistancefrom halfway houses was 4,595. Thenumber of full-time discharged prisonerswho received assistance was 3139.Residents comprised 61.4 percent ofauthorized capacity of all halfway houses,

countrywide. Average term of stay inhalfway house is about 3-4 months.Resident’s of halfway houses are spoken toand treated by staff in a homelikeatmosphere. When the staff notice anyslight change in the mood of the residents,the staff take it upon themselves to resolvethe problem. Halfway houses offervocational guidance to dischargedprisoners and help them to find suitableemployment. Most residents work outsidethe halfway house on a daily basis.Employment offers them financialindependence and builds in them goodwork ethics. Guidance on life skills is alsooffered at the halfway house.

The Japanese system has a nationwidespecial type of supervision and aftercarefor discharged prisoners whose sentencesare eight years and above, including lifes e n t e n c e d p r i s o n e r s . T h e y a r eaccommodated for the first month afterrelease on parole and receive intensivegroup counseling, as assistance andguidance to help them cope with social life.The hal fway house in Japan hashistorically been operated by privatepeople.

(b) KoreaIn Korea, if the discharged prisoners

have no family or house, the KoreaRehabilitation Protection Foundationprovides accommodation, money, food aswell as training and job referrals for thedischarged prisoners. There are 72 halfwayhouses in Korea. In 1995, the total numberof discharged prisoners who received somekind of services mentioned above was18,537 (capacity for the accommodationwas not available).

(c) ThailandIn Thailand, there is only one halfway

house run by the Rehabilitation Bureau.Referred to as “Baan Sawaddee” whichmeans Greeting House in English, theHalfway house is available to all releasees.

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The assistance includes the offering ofaccommodation, meals, job placement andcounseling services. This system has juststarted, so no assessment has yet beenmade of it.

(d) Philippines1996 saw the operation of a real halfway

house for adults in the Philippines. ThePhilippines-Japan Halfway House aims atproviding residential facilities for releasedand pre-released prisoners. The occupantsreceive home life and group livingexperience. They acquire vocational andeconomic skills and are subsequentlyplaced in jobs.A multi-disciplinaryapproach by social workers, psychologists,educators and people in allied occupations,create the opportunity for emotional,mental, physical and spiritual growth,They would require these ingredients intheir eventual reintegration into the familyand community.

(e) Hong KongIn Hong Kong, accommodated in the

halfway house as a condition of theirSupervision Orders are those: releasedfrom prisons under the Pre-releaseEmployment Scheme; young offendersidentified as having special needs ondischarge from training centers ordetention centers; and those in need oftemporary accommodation supportimmediately after release from drugaddiction treatment centers. They arerequired to go out to work or attend full-time school during the day and return inthe evening.

B. THE ROLE OF FORMAL ANDINFORMAL ORGANIZATIONS

1. Public InstitutionsWhile public institutions play a major

role in community-based supervision andaftercare for discharged prisoners, differentdepartments may be tasked with jobs

a imed a t e i ther contro l l ing andincapacitating the offender, or providing fortheir needs after serving the term ofimprisonment.

In Japan, the Rehabilitation Bureau ofthe Ministry of Justice has been performingsuch role and the Probation Service is partof the Bureau. Supervision is provided byProbation Officers and Volunteer ProbationOfficers working for the Probation Service.Probation Officers offer aftercare andguidance as well. The government gives notonly financial support to the halfway housebut also supervision, so that it can provideappropriate services.

In the Philippines, the Department ofSocial Welfare and Development plays avery important role in the area ofcommunity-based treatment of offenders.The Department was instrumental increating the halfway house for adults.

In Ghana, the police have the mandateto supervise the discharged prisoners. InFiji, public authorities supervise prisonerson EMP while the police superviseprisoners released on CSO. The particularinstitutions liaise with the prisonauthorities in this respect. In the samemanner, breaches of the conditions arereported back to the prison authorities. InKorea, the Ministry of Justice controls thecorrectional service as well as the agencywhich governs parole and probation.

2. Private InstitutionsThe Cooperative Employers of Japan

play an important role by employingreleased offenders in the construction,manufacturing, service, wholesale andretail sectors. This is a very important stepin assuring reintegration, for withemployment comes confidence and self-dignity. Thereby the discharged prisoneris able to meet their material needs, paybills and live up to responsibilities. Theycan also have the means to makereparation to their victims.

In Papua New Guinea, it is the church

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that plays a role in this regard byaccommodating selected dischargedprisoners whom they had been in contactwithin the prison. The church providesbasic necessities like food and clothing. Thedischarged prisoners are given counselingand guidance, and after grounding indoctrine, they participate in anti-crimecampaigns and sometimes take up themantle of leadership in the churches.

3. The Community and Families ofVictims and Discharged Prisoners

Before parole is granted, the probationofficer conduct investigations into thefamilies of the victims, the families of theprisoners and in the community. They canprovide probation officers with relevantinformation for the rehabilitation plan.

Victim’s acceptance of a releasee backinto the community leads to theunderstanding and reintegration of thereleasees. Compensation is a method usedto facilitate victim’s understanding andacceptance of releasees. If releaseesrecognize that the victim has suffered bothphysical and mental damage, they willrecognize the seriousness of their crime.

The family of the offender, in developingcountries like Kenya and Ghana, normallywelcome the offender back, offer them theirold accommodation in the family house orhelp to build a new one. Members of thefamily help to prepare a farm or start abusiness venture and generally to begin anew life. So long as the discharged prisonergoes back to their roots, there is enoughgoodwil l for them to bui ld on inrehabilitation. The chiefs and elders offerguidance and counseling together with thehead teacher, the post-master and the localpriest. With such tremendous support, thedischarged prisoner has a great chance ofreintegrating into society.

In addition, interchange between thefamilies of the victims and the offender whois now discharged, can only happen insmall communities where they are

expected to live together; in the urbansector the situation is different. It is oftenseen in small and traditional communitiesthat the community leaders bring the twoparties together, and peace is made afterthe offender and his or her family.

At the same time as s/he lives among thecommunity, the released offender ismonitored as they are known by everyone.S/he is thus inhibited and this serves as acheck on the tendency to re-offend. At thecommunity level, the policeman is regardedas kin and the community cooperates withthe police in checking the movements of thedischarged prisoner. Supervision, thus, isknown as quite effective.

4. Volunteer Probation Officers and OtherVolunteers

Japan utilizes the services of volunteersin an extensive manner. With 50,000Volunteer Probation Officers, supporting700 Probation Officers, who are directlyworking with parolees in the field, it isobvious that volunteers perform the bulkof the work in controlling and monitoringthe discharged prisoners, as well as inassisting the family through counselingand guidance.

Voluntary Probation Officers in Japanpromote crime prevention programs, aswell as educate individuals and the generalpublic on rehabilitative measures and theneeds of the discharged prisoners. Theyalso promote cooperative efforts toeradicate environmental conditions whichlead to crime.

Another feature of the voluntary spiritof the Japanese is the existence andactivities of the Women’s Association forRehabilitation Aid. With a membership of194,000 nationwide, the Association isconcerned about matters of crime,delinquency, and the problems and welfareof offenders and their families. Theyprovide financial, material and moralsupport to Volunteer Probation Officers,halfway houses and also help the public to

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understand the rehabilitative ideas andefforts through discussions at meetings.Their activities are supported by ProbationOfficers in the neighborhood.

With the introduction of the parolesystem in 1991, Papua New Guinea hasbeen using Volunteer Probation Officers toassist the regular Probation Officers insupervising the parolees. Until then,Volunteer Probation Officers were assistingin looking after probationers. They receivetraining in counseling and interviewingskills and are very effective in their roles.Coming from the same community as theparolee, the Volunteer Probation Officerhas good rapport with their client. By 1986,there were 300 active Volunteer ProbationOfficers. Through their activities, they helpin getting the community to support theparo lee in ways which fac i l i taterehabilitation.

Thailand’s Volunteer Probation Officerswho number 14,000 work with ProbationOfficers of the Department of Correctionsof the Ministry of Interior. They are drawnfrom among local people who have stablejobs and fixed addresses and no criminalrecord.1 The parolees who are supervisedby the Volunteer Probation Officers aresubject to observation of the conditionsattached to their release. Although, mostof the countries studied have no VolunteerProbation Officers who substitute forregular Probation Officers, it should benoted that volunteers in many countriesimplement informal supplementaryprograms.

IV. PROBLEMS OFIMPLEMENTATION AND

SOLUTIONS

In the implementation of community-based programs for the treatment ofoffenders we considered whether the needsof discharged persons and the needs of thecommunity have been met by theprograms. We further considered if theproblems are the result of flaws in thedesign of the programs or that theprograms are not suitable for the needsthey seek to address.

A. Inadequacy of PersonnelThe issue of inadequate staff to carry out

c o m m u n i t y - b a s e d p r o g r a m s w a srecognized as common to all the countriesstudied. Japan for instance, was cited ashaving only 700 Probation Officers directlyworking with parolees throughout thenation. Supported by 50,000 VolunteerProbation Officers, the number is still notenough to offer top level service for,parolees especially, those with high risk/needs such as drug offenders, mentallydisordered offenders, sex offenders andviolent offenders who require specialtreatment programs.

This problem extends to all otheragencies involved in community correctionsin the nine countries represented, andconceivably all over the world. Manyprobation of f icers are young andinexperienced. Combined with otherproblems such as lack of good supervisorysystems, shortage of staff and poor trainingopportunities, the quality, of fieldwork andcasework suffer. Specialization is missing,especially in relevant fields like psychologyand sociology. Administration of probationservices, generally suffers from lack ofmanagerial and supervisory skills on thepart of some administrators. At the root ofthe problems of treatment staff is the lackof adequate compensation, incentive andgood conditions of service.

1 They are distinguished from the VolunteerProbation Officers who work for the Departmentof Probation. While the former supervise parolees,the latter takes care of probationers.

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B. Lack of Aftercare ProgramsMany countries are obsessed with

security at the cost of developing treatmentprograms for the reintegration of theoffender. The countries studied gave theimpression that the needs and concerns ofthe discharged prisoner are less important.

For instance, a common phenomenonthroughout the countries we studiedreveals the crippling disadvantage thedischarged prisoner faces in the job market.A bedrock of rehabilitation, employmentenables the discharged prisoner to meettheir responsibilities, yet, the lack of skillsand the stigma of imprisonment playnegative roles in ready absorption into thejob market; as most prisoners are in thefirst place unskilled and do not receiveadequate training in the prisons.

Programs like vocational training andjob placement are limited. It is very difficultto fully implement and develop resourcesfor programs o f such k ind . Thisphenomenon is attributable mainly to thevalues of the society. Kenya, for instance,has focused on protecting society from theactivities of the criminal. Aftercare servicesare hampered by lack of funding forprograms. Many useful programs have hadto be shelved because of this problem.

It is perceived by the group thatdevelopment of aftercare programs in thecommunity may require the modificationof administrative organizations. Forinstance, further involvement of socialwelfare agencies or the rehabilitation ofreleased offenders is necessary. Withprobation officers as service providers, theyare not a lways or iented towardsrehabilitation and aftercare, instead focusis towards control and monitoring.

C. Inadequacy of SupervisionSupervision tends to create loopholes for

the released offender bent on committinganother offense. The releasee is onlycontrolled and monitored for a short partof the day and in cases like Fiji, Ghana and

Kenya, reports on average once a month.Releasees are virtually on their own.Particularly, more effective and intensiveways to supervise offenders posing highrisk to the society should be exploredincluding adequate conditions.

It is very easy for parolees and othersunder supervision to run away. So manyparts or these countries are virtuallyinaccessible and record-keeping is verypoor. It is difficult to track them. In theabsence of c it izen registration oridentification systems, chances of re-arresting an escapee are bleak.

Some participants expressed the viewthat increasingly complex cases saddlesupervisors with heavy workloads. Thoughstatistics are not readily available, it isobvious that they find it impossible to paythe necessary attention to detail. Withlogistical support not forthcoming,especially vehicles and monitoring devices,the supervisors are crippled in their work.

D. Lack of Programs for SpecificRehabilitative Needs

Countries do not seem to pay muchattention to programs which address thespecific rehabilitative needs of theoffenders, outside the prison. Though thereare many categories of offenders whorequire specific treatment, like psychiatriccases, sexual offenders, violent offendersand alcoholics, we could only identify drugand substance abuse programs in thecommunities of three countries; HongKong, Japan and Thailand.

The programs do not address the specificrehabilitative needs of the offender who isin the community for treatment whichwould complement their progress toeventual social reintegration. Althoughthere appears to be no need for suchprograms, it is our view that the lack oftreatment for specific types of offenders isattributable to some forms of ignorance.Several factors, such as limited awarenessof the seriousness of the harm done by

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those offenders due to non-availability ofdata, and limited faith in criminal justiceadministration, can contribute to theignorance about special treatmentmeasures.

Even though the necessity for thesetreatment measures is acknowledged bypract i t ioners and po l i cy -makers ,considerations such as the following, deterthem from implementing these treatmentmeasures:

(i) Absence of established andeffective treatment programs.

(ii) Prohibitive cost of programs.(iii) Lack of community support for the

implementation of such programs.

E. Absence of Inter-DepartmentalCooperation and Support

Various organizations are involved in therunning of community-based correctionalprograms. Since they have similarobjectives, they are expected to cooperatewith each other. While state and privateinstitutions are likely to cooperate witheach other, for instance, the prisons andthe churches, the same cannot be saidabout governmental bodies, particularlyprobation and prison officials.

The exchange of information betweenthe two is not smooth; yet the two bodiescould complement the work of each other;the prison officer letting the probationofficial know about the nature andpeculiarities of the offender before release,and the probation officer letting the prisonauthori t ies know in advance thepeculiarities of the convicted person as theyare being brought in to serve theirsentence. The interchange of informationwould help both bodies plan theirtreatment measures in respect to theoffender. Many countries reported thisproblem of lack of inter-departmentalcooperation and mutual support.

It was observed that the prisons arereluctant to offer information about theattitudes, health situation and other

details the probation officers need, to workout case plans. Several reasons for thissituation were pointed out. In somecountries, restrictions are legally placed onthe giving of information and prisonofficials have to be careful.

Though it is desirable that programsinst i tuted in the pr isons for therehabilitation of prisoners should becarried through to the community, there isa lack of cooperation between thecorrectional and probation agencies on theprogram design. Many countries pointedout the lack of coordination amongsupervisory agencies, social welfare andsocial development services engaged insimilar rehabilitation efforts.

F. Unfulfilled Expectations

1. Victims and FamiliesVictims and their families cannot accept

discharged prisoners easily. Inadequatecompensation is a major source of thevictims and their families’ inability totolerate the releasee. Generally speaking,discharged prisoners lack funds and thesupport systems for them are insufficient.

Although some countries such as HongKong, Japan and the Philippines havesome official compensation systems for thevictim and the family, other countries likeFiji, Ghana and Kenya do not have clearlystructured compensatory systems forvictims of criminal activities.

The victim needs to see the offender payfor the crime, and observing them comeback in the community without having paidfor their criminality dose not satisfy thepsychological craving of the victim. Theurge is for the victim and their family tovisit retribution on the offender. The victimand their family are appeased when theysee the offender making restitutionthrough their earnings in the prison, orduring the period s/he is on the communitycorrectional program. Post-releaseprograms in the community however, do

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not address the psychological needs of thevictim. The victim is also not protected fromre-victimization by the offender. Theprograms fail to impose conditions whichwould restrict the offender from cominginto contact with the victim.

2. CommunityThe community’s first need is to be

protected from re-offending by the releasedprisoner. The recidivism rates all over showthat this need is not satisfied by thetreatment of the discharged prisoner in thecommunity. The need to appreciate changeand reformation in the discharged prisoneris of great importance to the community. Ifthe community-based programs do notaddress this need and released offendersare held in trepidation and fear by thecommunity, it would be impossible fordischarged prisoners to reintegrate into thecommunity.

Society also expects the dischargedprisoner to find employment and contributetheir quota to the efforts to improve thecommunity. Without the requisite skills toobtain jobs, the discharged prisonerbecomes a burden on the community. Thisis the case all over. Stigmatization is adifficult tag to cope with. Many dischargedprisoners cannot cope and prefer hangingat the fringes of society, afraid to come inand be rehabilitated.

To carry out successful community-basedschemes, the community is expected tosupport materially and non-materially, butall the countries represented complainedabout the absence of such community help.

G. Lack of Social Assistance forDischarged Prisoners

1. VolunteerVolunteerism in Japan is traditionally

high. Apart from the Volunteer ProbationOfficers, the Juridical Person for OffendersRehabilitation Services and Women’sAssociation for Rehabilitation Aid have

been supporting the operation of thehalfway house system. Declining fortuneshave created financial problems for theseassociations and their support has sufferedas a result. Membership of the WARA hasdeclined as younger people are notinterested in rehabilitation goals.

Mobilizing public interest is not easy andrequires resources which are not available.There is a lot of potential in the informalsector and such resources must be tappedfor community support of the programs.

2. Private InstitutionsThe problem of lack of skills of the

discharged prisoner is endemic. Mostp r i s o n e r s h a v e n o s k i l l s b e f o r eincarceration. They acquire no skills in theprisons nor in the rehabilitation programsin the community. Coupled with the stigmaof imprisonment, they are heavilydisadvantaged.

Business establishments in thecommunity are unwilling to offer jobs toreleased offenders because they lack therequisite skills and face antagonism of thepublic towards discharged prisoners. Theeconomic slump has worsened the situationin many countries. Private institutionswhich give job opportunities to dischargedprisoners are scarce in many countries.

V. RECOMMENDATIONS

Our recommendations are divided intotwo parts. The first part consists ofprogram design for general and specializedpackages for rehabilitation of the earlyreleased offender. The halfway house is alsoconsidered in this part. Some of theprescriptions are suitable as programs forfull-time releasees. The second partt o u c h e s o n p r e s c r i p t i o n s f o rimplementation of programs, stressingpersonnel, inter-departmental cooperationand community involvement.

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A. Program Design

1. General Program• It is desirable that programs are

designed in such a way as to have thefunctions of supervision, aftercareand guidance.

• As much as possible, programs are tobe based on research. It is necessarythat they have clear objectives ofo f f e n d e r r e h a b i l i t a t i o n a n dreintegration.

• In designing programs, factors suchas cons istency, adaptabi l i ty,f e a s i b i l i t y, s u i t a b i l i t y a n daffordability ought to be given primeattention.

• Management information systemsmay have to be improved to keep andmaintain up to date records ofreleasees. As far as practicable,computers should be utilized.

• Citizen identification systems couldbe improved by taking advantage oftried and tested methods like socialsecurity numbers and nationalidentification cards, so that thechance of re-offending can be reduced.

• It is important that programdesigners recognize that employmentis the key to rehabilitation for thereleased offender. With the prisonshaving failed to equip the prisonerswith employable ski l ls , i t isincumbent up on the community-based programs to focus on skillstraining to increase the chance of thereleased prisoner in getting a job.

• At various stages of implementation,programs ought to be evaluated andadapted to suit the objectiveconditions.

2. Specialized Program• Policy makers would have to explore

the special needs of the communitywhich require solution-includingt y p e s o f o f f e n c e s / o f f e n d e r s ,

prevalence of these offences andseriousness of harm done by them-through the collection of data.

• Practitioners have to contribute toidentification of the problems bye x p r e s s i n g t h e i r v i e w s a n dexperiences to policy makers, as theyare in the front line and know therealities of these problems.

• Programs should be planned toaddress the criminogenic needs ofparticular offenders. The subjects,approaches, duration and providersof services should be elaborated on inthe programs.

11.Priority would have to be placed onprograms for the high risk/needoffenders in order to reduce thechances of reoffending and effectivelyutilize limited resources.

12.Government organizations involvedin forensic science, health and socialwelfare services, particularly thosespecializing in the treatment ofoffenders with multi-faceted andserious psycho-social problems, couldfurther exchange information andcollaborate with each other inimplementing treatment programsfor special categories of offenters.

3. Halfway House13.Countries which have halfway houses

are to utilize them extensively.Countries which do not have theseare invited to consider introducingthem.

14.Halfway houses in addition toproviding boarding and lodging, mayoffer mental care, living skillguidance and job placement servicesto the discharged prisoner.

B. Program Implementation

1. Personnel15.To raise the level of efficiency, the

conditions of service of personnel

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involved in community-basedprograms, for example probation andparole officers, may have to beimproved to motivate them and alsoto attract highly qualified personnel.

16.Tr a i n i n g f a c i l i t i e s r e q u i r eimprovement to offer Probation/Parole workers access to newtechniques in carrying out theirtasks. The staff would have access toinstitutions where they can acquirehigher knowledge and qualifications.Incidentally, the various clauses ofarticle 16 of the Tokyo Rules1

advocate making training part of theconditions of service to attract and toretain staff for the demandingrequirements of the job, and offeringopportunities for improving theirprofessional competency.

• To reduce the burden on Probation/Parole Officers, countries which donot have the Volunteer ProbationOfficer system may consider itsintroduction.

• To complement the staff strength,capable Volunteer Probation Officersmay be appointed permanentProbation Officers. Incentives to

Volunteer Probation Officers must besubstantive, even if non-material.

• Efforts have to be made to seek theinvolvement of volunteers withrelevant specialization to implementspecialized programs at minimumcost.

• To achieve greater efficiency, it isimportant to maintain a closerelationship between VolunteerProbation Officers and ProfessionalProbation Officers.

2. Inter-departmental Cooperation• To reso lve the issue o f non-

cooperation and lack of inter-d e p a r t m e n t a l s u p p o r t , t o pmanagement of correctional andprobational departments may have tor e c o g n i z e t h e n e c e s s i t y f o rcooperation with each other,particularly when they belong to thesame parent organization. Thisrequires having continuous dialogueand regular meetings.

• It is necessary that personnelengaged in the delivery of programs,exchange information with eachother.

• Private institutions could beapproached to contribute towardsoffenders’ rehabilitation by offeringvocational training and employmentto discharged prisoners.

• The government may want tomotivate private institutions byoffering incentives like tax breaks.

3. Community Involvement• In the designing of programs, public

relations outfits may be incorporatedto tap the informal resources in thecommunity. The public relationsunits have to survey the communityand network with groupings andorganizations, that can be asked tocontribute to the rehabilitationefforts and which can mobilize

1 16. Staff training 16.1 The objective of training shall be to make clear

to staff their responsibilities with regard torehabilitating the offender, ensuring the offender’srights and protecting society. Training should alsogive staff an understanding of the need to cooperateand coordinate activities with the agenciesconcerned.

16.2 Before entering on duty, staff shall be giventraining that includes instruction on the nature ofnon-custodial measures, the purposes ofsupervision and the various modalities of theapplication of non-custodial measures.

16.3 After entering on duty, staff shall maintain andinprove their knowledge and professional capacityby attending in-service training and refreshercourses. Adequate facilities shall be made availablefor that purpose.

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community support, especially insmall communities where programsare sited.

• It is desirable that responsible stateagencies respect informal activitiesdone in the community in pursuit ofoffender rehabilitation, give publicrecognition and where necessary,recommend improvements.

• It is important that the victim isfirstly compensated by the offenderby means of public or privateassistance. Then the victim andoffender can be reconciled, to preventretaliation by the victim or society.This would make the offenderrecognize their antisocial behaviorand assume responsibility for thedamage they have caused the victim.

• It i s important to avo id re -victimization through effectivesupervision. It is equally importantto offer adequate psychological careand counseling to help the victimo v e r c o m e t h e t r a u m a o fvictimization.

• Reduce stigmatization from thesociety by involving the offenders invarious local community activitieslike sports and cultural events.

VI. CONCLUSION

The goal of the group was to discusseffective rehabilitative programs for thereleased prisoners for their properreintegration into society. It must berecognized that the kind of rehabilitationtreatment given to offenders differs fromcountry to country. The group has realizedthat there are no well-structured programsin most countries, as discussed in the paper.Emphasis is mainly placed on observanceof conditions of parole or license, ratherthan on specialized treatment for thedifferent categories of releases. There is,therefore, the need to come up withcomprehensive plans and strategies on how

to reintegrate these releasees througheffective programs. Emphasis should be oneffective and efficient aftercare programsif the goal has to be achieved. The essentialquestion to ask ourselves is how we canimprove the existing supervision andaftercare methods applicable today. Thereis need for international cooperation andmore research on these issues.

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APPENDIX 1

TABLE I

BREACHES OF CONDITIONS OF EARLY RELEASE IN FIJI

Year EMPBreach of Percent of

CSOBreach of Percent of

EMP breach CSO breach

1986 508 122 24.0 40 2 5.01987 637 91 14.3 42 0 0.01988 456 47 10.3 6 0 0.01989 460 86 18.7 88 2 2.31990 424 60 14.2 25 2 8.01991 358 41 11.5 55 8 14.51992 349 30 8.6 39 2 5.11993 296 31 10.5 45 1 2.21994 211 10 4.7 13 1 7.71995 204 5 2.5 11 0 0.01996 387 23 5.9 12 1 8.3

Source: Reseach in Planing Section, Prison Headquaters, Fiji

TABLE II

NUMBER OF PAROLES IN JAPAN

YearTermination

ExpirationPercent of

RevocationPercent of

of Parole Expiration Revocation

1987 17,396 15,783 90.7 1,438 8.31988 17,262 15,607 90.4 1,489 8.61989 16,427 15,017 91.4 1,207 7.31990 15,393 14,119 91.7 1,109 7.21991 14,272 13,118 91.9 979 6.91992 13,098 11,995 91.6 891 6.81993 12,745 11,655 91.4 908 7.11994 12,556 11,485 91.5 915 7.31995 12,312 11,244 91.3 891 7.21996 12,202 11,223 92.0 846 6.9

Source: Annual Report of Statistics Rehabilitation, Ministry of Justice, Japan

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TABLE III

NUMBER OF EARLY RELEASEES AND BREACHES OF CONDITIONS INTHAILAND

YearSentence

Parole Breach ofPercent of

remissiongranted condition

breachgranted conditions

1987 11,490 2,778 88 0.61988 10,871 787 20 0.21989 9,721 1,220 48 0.41990 10,392 1,768 43 0.41991 9,363 956 44 0.41992 11,321 945 54 0.41993 12,020 1,282 50 0.41994 14,003 2,088 86 0.51995 17,460 2,114 88 0.41996 17,543 805 62 0.31997 19,824 1,114 42 0.2

Source: Department of Corrections, Ministry of Interior, Thailand, 1998