139TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERSOVERCROWDED PRISONS AND PRESENT PRACTICES AND
EXPERIENCE IN RELATION TO COMMUNITY-BASED ALTERNATIVESTO INCARCERATION
Jagath Abeysirigunawardana*

I. BACKGROUND
A. Overcrowding of Prisons and Non-Institutional Treatment of Offenders
Overcrowding of prisons is a common phenomenon experienced in many countries of the world today. Sri
Lanka is one such country. The prison population throughout Sri Lanka is growing rapidly. Facilities such as
sleeping accommodation, sanitary and bathing installations, medical and recreational facilities differ between
developed and developing countries. Hence, there does not appear to be common criteria on the required
accommodation or floor area or other conditions per prisoner.

Total Population of Prisons

Population of Convicted & Unconvicted Prisoners 1998 to 2007
10,000,000
9,000,000
8,000,000
7,000,000
6,000,000
5,000,000

Series1

4,000,000
3,000,000
2,000,000
1,000,00001997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Year
Source – Department of Prisons in Sri Lanka

B. Causes of Overcrowding in Prisons
There is a close relationship between the population growth of the country and number of crimes committed
in the country. Hence, there is a close relationship with overcrowding of prisons and population growth.
The overcrowding of prisons in Sri Lanka is caused by having to accommodate a large number of remandor on-trial prisoners. In Sri Lanka, the ratio of remand to convicted prisoners has been 4:1 or 5:1 for the last
10 years and about 80 percent of prisoners are on remand.
Most of the reasons for overcrowding of remand prisoners in Sri Lanka are the same as in many
countries of our region, and are classified below.
* Deputy Director General, Southern Range, Sri Lanka Police.

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1.

The delay in bringing offenders to trial or legal delays.

2.

Trial, along with excessive bail or inadequate use of bail provisions.

3.

The legal system of many countries over emphasizes imprisonment as the most powerful weapon
against crime and carries imprisonment for far too many offences. As a result, courts resort toimprisonment as the first option (and many cases the only option) instead of it being treated as thelast resort. This tendency on the part of the courts may sometimes be seen as reflecting the attitudeof the general public who may demand severe punishment as a warning to would-be criminals.

4.

Among the convicted prisoners admitted to Sri Lanka prisons, the highest number are sentenced
to less than one year. In 2007, these short-timers made up 63% of the convicted prison population.
From the very fact that they were given short-term imprisonment, it is clear that most of them could
not have been found guilty of serious offences for which alternative punishments to imprisonment
could not have been given.

5.

Admission of a large number of offenders to prison for non-payments of fines is also contributing
to the problem of overcrowding. Out of a total of 31,306 convicted prisoners admitted to prisons in
Sri Lanka in 2007, 15,408 or 49.2% were fine defaulters, whom the courts initially thought did notdeserve a prison sentence.

6.

Admission of persons both as remandees and convicted prisoners for drug-related offences. The
percentage of drug offenders (convicted) in Sri Lanka prisons in 1996, which was 41.4, has slightly
decreased to 36.7 during the past decade.

7.

Use of modern technology and better and widespread policing facilities have increased the rate ofdetection of crime by police resulting in more convictions and large numbers being admitted to prisons.

Prison overcrowding leads to serious problems for prison authorities. It is related to serious healthhazards and disturbs penal rehabilitation and reformation programmes. As a result, security problems,
terrorism and subversive actions may occur. If prison is overcrowded hard and soft criminals interact witheach other, which may lead to connect mild offenders to hardcore criminals. Overcrowded prisons causestress for prison officials and further strain prisoners as they live in unacceptable conditions which fail toadhere to the United Nations Standard Minimum Rules for the Treatment of Prisoners.
In Sri Lanka we have very few non-institutional treatment methods, and those methods have not beeneffective due to administration problems and provisions. Therefore it is time to improve the treatment ofoffenders through enhancement of community-based alternatives to incarceration.

II. TRADITIONAL ALTERNATIVES TO IMPRISONMENT
Many countries have probation, parole and community service which are commonly known as traditional
alternatives to imprisonment. These non-institutional treatment methods are widely used in many
developed and developing countries.
The non-institutional measures are mostly community based corrections. The concept has evolved with thethinking that correction, if linked to the community, will be less costly, more humane and more effective thanimprisonment in dealing with offenders convicted of minor offences. There is a need in the field of community
corrections for a systematic and orderly development having due regard for local conditions and local needs.
In developing such a system it is necessary to ensure that no individual who does not require incarceration
for the protection of others is confined in an institution and that no individual is subjected to more supervisionor control than required. On the other hand creation of community based programmers should ensure thatthey respond not only to the needs of the offenders but also the interest of the community. If they are notadministered properly it will amount to the criminal justice system going soft on crimes and criminals.
In Sri Lanka, we have only a few non-institutional treatment methods and even these few have not beenvery effective due to lack of administrative provisions and disinclination on the part of the courts to passsuch sentences.

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A. Parole or Release on Licence
The basic philosophy of parole is that a prisoner shall not be held any longer than necessary as it isdetrimental to his or her reformation and also an unnecessary expense to the State. Parole is a procedure
whereby a prisoner is released from an institution at a time considered appropriate by Parole Board, prior tothe completion of his or her full sentence so that he or she may serve the balance of the sentence at large
in society. The offender is also subject to the condition that he or she will be returned to prison if he or she
fails to comply with the conditions governing his or her release.
This scheme gained momentum over the years and remains at present one of the very successful noninstitutional measures in our country. From 1997 to date 1,199 prisoners have been released. An average of
110 prisoners are released every year. We have had only 89 violations during that period.
1. Practices in Sri Lanka of Treatment of Offenders(i) Remission
All prisoners are now allowed a normal remission of one third of their sentence for good conduct
and industry. Prisoners who have completed one year at an Open Prison Camp are eligible for a special
remission of one month of their sentence for each year they serve.

(ii) Special Amnesty
While convicted prisoners who were serving long term sentenced were given special reductions ofsentences, some prisoners who were serving short term sentences were released on account of special
occasions like Independence Day, Wesak Full Moon Poya Day, etc.

B. Release of Prisoners on Licence Scheme (Social Integration)
The “Licence Scheme”, introduced in Order 1969, may be considered a progressive step in dealing withoffenders. The system of release of prisoners on licence under para 11 of the Crime Prevention Ordinance
was based on a decision by the then Minister of Justice. The members of the first Licence Board were Asst.
Secretary, Ministry of Justice, the Senior Prison Medical Officer and the Commissioner of Prisons appointed
by the Minister of Justice. The first meeting of the Board was held on 4 October 1969. At the inception, themode of selection for release under licence scheme depended on the term of imprisonment under which
prisoners sentenced to eight or more years of imprisonment who have served half that term were eligible
for the scheme sustained by good conduct, character, prison records and rehabilitation susceptibilities. In thefirst batch they selected seven prisoners who were released on 15 November 1969.
The Licence Scheme underwent several modifications from time to time and now functions under theCommissioner of Prisons Circular no 35/92W/08 of 1 September 1992.
1.

Prisoners serving a sentence of two or more years but less than five years and who have completed
a term of one year.

2.

Prisoners serving a sentence of five or more years but less than ten years and who have completed aterm of two years.

3.

Prisoners serving a sentence of ten or more years but less than 15 years and who have completed aterm of three years.

4.

Prisoners serving a sentence of 15 or more years but less than 20 years and who have completed aterm of four years.

5.

Prisoners serving a sentence of 20 years or more but less than 25 and who have completed a term of
five years.

6.

Prisoners serving a sentence of 25 years or more and who have completed a term of six years.

In the case of prisoners who qualify under the above requirements, social reports are compiled by the
Welfare Officers and along with recommendations of the Superintendent of Prison(SP) are submitted to theSecretary, Licence Board. The SP (Welfare) is the secretary ex officio . Licence Board meetings are held twice281

RESOURCE MATERIAL SERIES No.79

a month at the prisons headquarters and the prisoners according to their qualifications as above are produced
to the License Board together with social report files and only those eligible prisoners are recommended to
the Hon. Minister by the Licence Board for release on licence. The rest are withheld for reconsideration.
A prisoner released on the licence scheme is conditionally allowed to serve the balance of his or her sentence
under the supervision of a Welfare Officer and is reintroduced to society to lead a normal life with his or her
spouse and children and parents. A prisoner so released will be guided by the Welfare Officer to live a decent
life and he or she will be known as a “Licensee”. The Welfare Officer provides a curative target programme
pertaining to the Licensee at the inception which is result-oriented during the licence period. During the licence
period the Welfare Officer submits his or her quarterly progress returns, accompanied by the Senior Welfare
Officer’s observations, to the Licence Board where they will be discussed and the necessary guidance offered.
If a Licensee transgresses the contracted conditions, attempts are made to admonish him or her
through advice and warning by a Welfare Officer and if such attempts fail the Licence Board is consulted
for instructions. If that measure too is ineffective the licence granted to him or her will be rescinded andthe balance full term of imprisonment from the date of release is reemployed. The case may be referred
to a magistrate if necessary and a further term of six months of imprisonment may be imposed. However,transgressions so far have been minimal. This manner of relief is not a right of a prisoner but a privilege.
The member released on license scheme since 1997 to 2007 and the number of licenses revoked forviolation of conditions are as follows.
Year
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007

Work Release
200
199
212
171
249
230
210
559
320
553
1,068

Home Leave
315
330
373
322
21
174
267
528
364
496
547

License Scheme
152
99
116
112
18
47
108
104
153
124
208

Source - Department of Prison – Sri Lanka

C. Work Release Scheme
Characterized by the motive of facilitating the penal stage of a prisoner to be spent more fruitfully andwith flexibility, the work release scheme was introduced in 1974. The project was approved by the Ministerof Justice in terms of Clause 11 of the Crime Prevention Ordinance. The selection of prisoners for thescheme is confined to those serving a sentence of two or more years and those due to serve less than two
years of the sentence. The objective of the scheme is to accustom the prisoner to conditions and challengesof the society he or she re-enters once set at liberty from jail. The plentiful bestowal the scheme extends tothe inmate after release is the employment opportunity.
The prisoners are engaged in such activities as gardening or clearing under the scheme at state
institutions on weekdays from 7.30 AM to 4.00 PM (except public holidays). A retired prison officer is incharge of their security for which service he or she is paid by the institution concerned.
The prisoners so engaged are provided with the midday meal and an allowance of Rest 185/- per day
by the institution. The income so earned is credited to their account at the People’s Bank and is gainfully
invested after release. This project originated at the one prison has now expanded to the three main prisons.

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The project has benefited nearly 25 state institutions in 2007, the number of prisoners engaged was 230
and their total earnings amounted to Rs.4, 957,205/-.
The current statistics on prisoners engaged in work release from 1997 to 2007 are shown below.
Prisoners Engaged in Work Release scheme 1997 to 2007

Year
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007

No of Prisoners Engaged
on Work Release
200
199
212
171
249
230
210
559
320
553
1,068

No FoundUnsuitable
8
15
12
8
10
15
22
45
44
33
29

Total Amount Earned
for the year (Rs)
1,149,653
1,365,836
2,047,301
1,976,186
3,387,876
3,459,993
2,625,641
3,280,110
3,276,166
3,659,026
4,957,205

Source – Department of Prisons – Sri Lanka

This salutary and successful scheme has served as a catalyst for the reintroduction of inmates to society
as useful and reformed citizens.

D. Home Leave
Prisoners who become eligible for release on license and prisoners who have served at least six months
at an open prison camp become entitled to visit their homes unescorted for a maximum period of seven days
at a time once in six months.
Prisoners Sent on the Home Leave Scheme, 1997 to 2007

Year
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007

No. Sent on Home Leave
Male
Female
Total
302
13
315
307
23
330
366
7
373
315
7
322
21
21
171
3
174
265
2
267
523
5
528
361
3
364
490
6
496
537
10
547

Male
1
8
16
5
3
3
3
9
9
14

No. Violated Law
Female
Total
1
8
16
5
3
3
3
9
9
14

Source - Department of Prison – Sri Lanka

Five hundred and forty seven prisoners were sent on Home Leave during the year bringing the total to 3,584
since the introduction of the scheme in 1974. There were 16 violations of the trust placed in those prisoners.

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III. PROBATION SYSTEM
The probation system in Sri Lanka commenced on 12 March 1945, under the Department of Prisons. It was
inaugurated with ten Probation Officers who were paid salaries by the Government. However, after 1919 theprobation system had been tried in Sri Lanka from time to time through Voluntary Probation Officers. In 1944 theProbation Ordinance was enacted to keep offenders under Probation. Accordingly, by 1960 the probation system
had been extended throughout the island by appointing Probation Officers to all Judicial Districts in the Island.
Since the probation system was functioning under the Department of Prisons, it was known as the Departmentof Prisons and Probation with the extension of the probation systems. The Children and Young Persons
Ordinance No. 48 of 1952 was enacted and enforced in Sri Lanka. A separate Department, titled the Departmentof Probation and Child Care Services, was established on 1 October 1956, bringing the probation functions too
under its purview. The objectives of the Department as envisaged by the Government are as follows.
With the establishment of Provincial Council system in Sri Lanka, some administrative powers werevested with the Provincial Councils. Hence some of the functions of the Department have been assigned toProvincial Commissioners of Probation.

A. The Objectives of Probation Child Care Services as Envisaged by the Government
1. Limiting the imprisonment of offenders by rehabilitating them using probation strategies with a viewto re-integrating them into society as good citizens.
2.

Taking very lenient and mitigated judicial actions in respect of children and young persons.

3.

Provision of requisite service to needy children and young persons.

4.

Offering such children as far as possible the opportunity to live with their parents and provision ofdue protection.

The following chart shows the number of offenders rehabilitating under the Department of Probation andChild Care.

11
84

Over 24 Years

4
14
34

Between 20 - 24

5

3
1
82

31
9
9
2
21
1

Between 15 - 19

4
2
1
1
8

Below 15 Years

3

46
20
7
1
4

2

OthersSexual Abuse/
Tape/Brothels

142
35
45
19
63
17
33
16
370

Sale & use of
Liquor & Drugs

Western ProvinceSouthern Province
Central Province
North Western Province
Sabaragamu Province
Uva Province
North Central Province
North East Province
Total

Straying

Province

Theft, Looting &Burglaries

Probation Offenders - 2005 (Year)

40
28
24
19
51
15
19
26
222

122
22
29
4
41
1
19
16
254

36
4
3

27
12
6

4
2
2

3

51

48

Source - Department of Probation & Child Care – Sri Lanka

B. Main Functions of the Probation and Child Care Department
1. Moulding the character and rehabilitation of adults, young persons and juvenile delinquents referredto the Department.
2.

284

Directing children not obedient to their parents, cutting school, stubborn and engaged in anti-social
activities even though they have not committed any offence considered a crime under the Penal Code.

THE 141ST INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

3.

Giving protection to and looking after the orphaned, abandoned, destitute and those subject tocruelty and faced with various disasters and subject to abuse.

4.

Investigation supervising and providing aids to voluntary organizations and institutions engaged inchildren’s welfare services.

5.

Taking resources to lessen and prevent the number of children likely to break down in life due topoverty or other social requirements.

6.

Implementation of the Convention of the Rights the Child adopted by the United Nations and taking
necessary steps to protect the Rights of the Child.

The chart below describes the offenders investigated during the year under review.

Attempt toCommit suicideFM
41 189
9
2

F
2
7

F

4
2
10

M
91
9
28
3
45

3
6
7
28 186

14
11
2

1

M
50
6
3
2
22

6

1
9
78 206

1
11

4
9
96

M

F

1

2
1
30
33

19
20

25
25

OthersPsale & Use of
LiquorF
6

Acts of terrorism

Prostitution &Straying

Western
Southern
CentralNor/ West
Sabaragamu
Uva
North Central
North East
Total

F
M
F
M
9 391
9 18
5 44
1 15
10 62 12 14
8 33
2
1
5 60
4
4
2 34
1
5
3 68
20 24 71 54
62 716 100 111

Seale and use of
DrudgeProvince

Physical Injuries

Theft, Looting &Burglaries

Offenders Investigated During the Year Under Review (Juvenile/Youth/Adults) - 2005

M

F
M
62 96
3 18
1 14
6
1
2
16 17
16
8
1
3
29 20 33
30 133 183

Source - Department & Probation & Child Care – Sri Lanka

IV. COMMUNITY SERVICE ORDERS
As an alternative to a prison sentence courts may order an offender who has been convicted of an offence
punishable with imprisonment to carry out a community task for a number of hours stipulated by the Court
within a certain period of time. If the offender fails to carry out his or her work commitments, he or she will
be dealt with by the Court by imposing any other appropriate punishment. Community Service by order of
the Court is currently practiced in several countries. The Community Service Orders Law was introduced in
Sri Lanka by the Administration of Justice Law No. 44 of 1973. However, due to lack of rules regarding theimplementation, the courts ceased to impose the sentence. Action has now been taken to establish a separate
Department under the Ministry of Justice to supervise carrying out the sentence and legal provisions havebeen made under Community-Based Correction Act. It is therefore expected that Community Service Orders
will be effective in Sri Lanka as a useful non-institutional mechanism in the near future.

V. INTRODUCTION OF NEW LEGISLATION ON GRANTING OF BAIL
In Sri Lanka, attempts also have been made to reduce the pressure of overcrowding in the recent past by
introducing new legislation. The introduction of the Release of Remandees Act No. 18 of 1991 was for thedual purpose of reducing prison overcrowding and granting relief to those persons held in custody for theirinability to furnish bail. Certain bail regulations made under the Emergency Regulations empowered prison
authorities to release some categories of remand prisoners who had failed to furnish bail though ordered by

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Courts, upon their signing a bond.

VI. INTRODUCTION OF SUSPENDED SENTENCES
The introduction of suspended prison sentences under the Code of Criminal Procedure Act No. 15 of1979 for certain categories of offenders helped reduce the admission of a considerable number of convictedprisoners. Presently most of the law level courts have passed this suspended sentences on offenders who
committed minor crimes, where there is no grievous impact on society.

VII. REQUIREMENT OF INTEGRATION OF ALL AGENCIES WITHINTHE CRIMINAL JUSTICE SYSTEM
The importance of an integrated approach involving all parts of the criminal justice system, in solving most of
the problems of prison including overcrowding, has been accepted by many countries today. However, in practice,each agency works in separated and isolated from each other. In Sri Lanka, police, prisons and probation comeunder three separate Ministries. The Courts function independently under the Judicial Service Commission.
There is very little or no co-ordination existing between the different agencies though they work to achieveinterrelated objectives. Therefore, the problems of overcrowding of prisons become the exclusive problem of thecorrectional institutions. Having realized the roles the other agencies can play in reducing the prison population,such as the police expediting the investigations, and courts expediting the trial process and utilization of noncustodial methods in a greater measure, workshops, Seminars and Conferences have been conducted involving
the different agencies through the initiative of the Department of Prisons and Ministry of Justice. Therefore, it isnecessary to have a constant dialogue with all agencies within the criminal justice system. When making policies
for the country at least policy makers need discuss the matter with each other to reach a consensus.

VIII. CONCLUSION
The problem of prison overcrowding, which has direct links with the increase of population of a country,
and the increase of the crime rate resulting from its socio-economic factors, will continue to worry thenations of the world unless some meaningful steps are taken to control it. No country can continue to expand
its prison capacity in proportion to the increasing rate of offenders. In this regard it is very important tocreate a public awareness that imprisonment is not the only effective penal sanction for all types of offence.
On the other hand where corruption within the criminal justice system exists, alternatives toimprisonment amount to additional mechanisms of control and abuses of power such as bribery and denialof justice. Non-custodial measures should be implemented in parallel with pre-trial diversion measures suchas caution and mediation mechanisms to ensure that the over-use of arrest and imprisonment are addressed
systematically and holistically.
Non-custodial measures include that of discharge (absolute and conditional), suspended sentences, fines,
binding over, compensation orders in the mediation process, attendance centre orders, supervision orders(with or without requirements), probation orders, remission of sentences and grant of amnesties, parole ofrelease on licence, work release, and community service orders, etc.
Community service is an order of the court whereby the offender is offered the opportunity ofcompensating society for the wrong he or she has done by performing work for the benefit of the community
instead of going to prison.
In Sri Lanka, the daily average population of convicted and un-convicted prisoners was 24,255. According
to Table 1 the number of prisoners will increase day by day according to the prevailing socio-economic
situation in the country. As a result, the cost of prisons increases day by day. Hence, there is a social impact
prevailing in the country due to a non-effective prison system.
In this circumstance, non-institutional treatment methods for prisoners are urgently required considering
the economic and social factors of the country. Therefore, relevant authorities and policy makers should
pay serious consideration to reviewing the criminal justice system, focusing on the improvement of thetreatment of offenders in community-based alternatives to incarceration.

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