CHAPTER 7 REHABILITATION OF OFFENDERSI.

PROBATION AND PAROLE

A.

Overview

Both probation and parole are forms of community-based treatment of offenders and juvenile
delinquents.
Probation is a court-imposed disposition that places the offender or juvenile delinquent under thesupervision and assistance of the probation office, while allowing them to remain in the community. Aslong as they abide by the conditions of probation, probationers can avoid being committed to prisons orjuvenile training schools.
Parole is the supervised early release of offenders and juvenile delinquents who have been committed
to prisons or juvenile training schools. Parole decisions are made by Regional Parole Boards (see page 8),
and parolees are also placed under the supervision and assistance of the probation office.
The probation office deals with the following four categories of individual:
juveniles placed on probation by the Family Court (juvenile probationers);(1)(2)
juveniles provisionally released from juvenile training schools on parole (juvenile parolees);(3) inmates released from prisons on parole (adult parolees); and(4)	offenders who received a suspended sentence and were placed on probation by the sentencing
court (adult probationers).

1.

Juvenile Probationers

The Family Court, after a juvenile hearing, may place a juvenile delinquent under a protective
measure, and probation is one of the options available as a protective measure (see page 33 for moredetails). The legally prescribed period of probation for a juvenile probationer is until he or she reaches 20
years of age or for two years, whichever is longer. In 2009, the Family Court placed 26,172 juveniles on
probation. This represents 17.6 % of the juveniles who were disposed of by the Family Court.
2

Juvenile Parolees

A juvenile committed to a juvenile training school may be provisionally released on parole by adecision of the Regional Parole Board. Juvenile parolees are placed on probation during the period ofparole, which is, as a general rule, until reaching 20 years of age. In 2009, 3,867 juveniles were paroledfrom juvenile training schools, accounting for 99.4 % of those who were released from juvenile training
schools.
3.

Adult Parolees

An offender serving a prison sentence may be conditionally released on parole by a decision of theRegional Parole Board. The inmate must have served at least one third of the sentence (or ten years in
the case of a life sentence) before he or she becomes eligible for parole. An adult parolee shall be placedon probation for the remaining term of the sentence (in the case of offenders paroled from life sentences,
probation runs for life). In 2009, of the 30,178 inmates released, 14,854 (49.2%) were released on parole.

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4.

Adult Probationers

Under certain circumstances, a sentencing court may suspend the execution of the sentence andplace the convicted offender on probation. In Japan, adult probation is not a distinct sentencing option: it is
only used as a measure complementary to the suspension of execution of sentence. The period of probation
ranges from one to five years, corresponding to the period of suspension of the execution of sentence
specified by the sentencing court. See page 31 for more details on suspension of the execution of sentence.
Of the 71,871 offenders sentenced to imprisonment in 2009, 42,569 (59.3%) had the execution of
their sentences suspended, of which 3,622 were placed on probation.
B.

Parole Procedure

Screening for release on parole is a major duty of Regional Parole Boards. In Japan, an inmate or ajuvenile committed to a juvenile training school has no right to apply for parole: the parole proposal mustcome from the head of the correctional institution in which the individual is accommodated. Alternatively,
the Regional Parole Board may commence a parole examination on its own initiative.
1.

Parole Examination

When a parole examination is initiated, a board member visits the institution and interviews theindividual in question. Later, three members of the board examine the case to evaluate whether therequirements for parole are met. The evaluation will consist of an examination of observations by theinterviewer, information from the inmate or juvenile’s institutional record and the probation office’s reporton the co-ordination of social circumstances. In addition, Regional Parole Boards are required to hear theopinions and feelings of the victims of the underlying offences, if requested.
The parole requirements for an adult parolee are that: (i) he or she has served at least one-third of adeterminate sentence or ten years of a life sentence; (ii) he or she demonstrates repentance and the will torehabilitate; (iii) there is no likelihood of reoffending; and (iv) society will accept his or her parole.
The parole requirements for a juvenile parolee are that: (i) he or she has reached the highest stage oftreatment and release on parole is appropriate for his or her improvement and rehabilitation; or (ii) releaseon parole is specially necessary for his or her improvement and rehabilitation.
2.

Parole Decision

When the panel of three board members finds that the requirements are met, they will make a parole
decision specifying the date of parole, place of residence during parole, and special conditions applicableto the parolee.
3.

Pre-parole Inquiry by Probation Officers

Probation officers attached to Regional Parole Boards visit correctional institutions regularly forparole preparation. They collect information through interviews with inmates, case conferences withcorrectional officers, and examination of relevant correctional records. The result of this investigation is
submitted to the Board, and a copy is also sent to the probation office to provide the field officer with thepertinent data on potential parolees.
C.

Probation and Parole Conditions

Probationers and parolees are required to abide by the general and special conditions of probation. A
failure to comply may result in adverse actions such as parole revocations.
1.

General Conditions
The general conditions of probation are specified in the Offenders Rehabilitation Act. General− 43 −

conditions are imposed on all juvenile and adult probationers and parolees alike, and they cannot bechanged or withdrawn during the probation or parole.
The general conditions are the following: (i) maintaining a sound attitude towards life; (ii)
responding to summons or interviews by professional and volunteer probation officers; (iii) providing
relevant information when requested by professional and volunteer probation officers; (iv) residing at thedesignated or registered residence; and (v) obtaining the permission of the director of the probation office
before changing residence or travelling for seven days or more.
2.

Special Conditions

In addition to the general conditions, special conditions necessary for improvement and rehabilitation
may be set for individual probationers and parolees. In the case of adult and juvenile probationers, special
conditions are determined by the director of the probation office after hearing the opinion of the court. In
the case of adult and juvenile parolees, special conditions are determined by Regional Parole Boards on thebasis of proposals by the director of the probation office.
Special conditions are chosen from among the itemized list in the Offenders Rehabilitation Act.
Unlike the general conditions, they may be added to, changed, or withdrawn during the probation or parolein accordance with changes in the circumstances of individual persons.
The examples of special conditions are: (i) prohibition of specific acts such as association withcertain persons, going to certain places, reckless wasting of money for pleasure, and excessive consumptionof alcohol; (ii) performing or continuing to perform certain acts such as engaging in work or attending
schools; and (iii) attendance at certain treatment programmes specified by the Minister of Justice.
3.

Life and Conduct Guidelines

The director of a probation office may, if necessary, establish individual guidelines for life andconduct that contribute to the improvement and rehabilitation of probationers and parolees. Unlike theprobation conditions, non-compliance with the guidelines does not result in adverse actions against theprobationer or the parolee.
D.

Implementation of Probation and Parole

1.

General Framework

The purpose of probation and parole, as defined in the Offenders Rehabilitation Act, is to “ensur[e]the improvement and rehabilitation of the probationers and parolees” through “instruction and supervision”
and “guidance and assistance.”“Instruction and supervision” is implemented by (i) maintaining contact with probationers andparolees and keeping track of their behaviour; (ii) giving necessary instructions or taking measures toensure that probationers and parolees comply with the general and special conditions of probation; and (iii)
providing professional treatment designed to improve specific criminal tendencies.
“Guidance and assistance” includes (i) assistance in securing accommodation; (ii) assistance inreceiving medical care; (iii) assistance in job placement and vocational guidance; (iv) improving and coordinating social circumstances; and (v) providing instructions on necessary life skills.
While the aim of “guidance and assistance” is to enable probationers and parolees to live an
independent life based on their own responsibility, they may face acute financial difficulties that canhamper their improvement and rehabilitation. Under such circumstances, the director of the probation
office may provide necessary “urgent aid” including medical care, meals, accommodation, clothes, and− 44 −

travel expenses. In 2009, 5,513 probationers and parolees received such urgent aid directly from probation
offices, and 5,439 through persons commissioned by the probation offices.

Interview by a Probation Officer

2.

Intake Interviews and Treatment Plans

Individuals placed on probation or parole are required to report immediately to the probation officethat has territorial jurisdiction over his or her place of residence. At the office, an intake interview will be
conducted, and the probation officer will explain the framework of supervision, notify him or her of theconditions of probation, register his or her residence, and draw up an individualized treatment plan.
3.

Role of Probation Officers and Volunteer Probation Officers

Japanese probation officers are usually responsible for one or several local administration divisions,and they supervise all the cases within that division. In order to supplement their work, a volunteer
probation officer [in this chapter, hereinafter VPO] will be assigned to serve as a day-to-day supervisor forthe probationer or parolee. In many cases, the VPO lives nearby the probationer or parolee, which makes
regular contact much easier.
After receiving the treatment plan and other relevant information, the VPO starts supervising theprobationer or parolee. The VPO keeps in touch with the probationer or parolee and his or her family bymeans of mutual visits and interviews and submits a monthly progress report to the probation office.
While VPOs are entrusted with day-to-day supervision of ordinary cases, probation officers need todirectly intervene in cases of high-risk or difficult individuals or in critical situations.
4.

Day Offices

Probation officers regularly visit such venues as the municipal offices, public halls, or youth centres
located in their respective areas of responsibility. These visits are called “Day Offices.” Probation officers
interview probationers and parolees, visit their homes, counsel their families, and consult with VPOs andother related parties such as school teachers, employers, and community agencies, using “Day Offices” astheir base. This practice facilitates direct casework by probation officers and provides VPOs with closer
supervision and consultation.
5.

Progressive Treatment

Probationers and parolees are classified into four grades in accordance with the results of their initialrisk and needs assessments. The grade determines the required frequency of contact and the criteria for themeasures against the bad conduct. Probationers and parolees are upgraded or downgraded depending upon
the outcome of treatment.

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6.

Categorized Treatment

Categorized Treatment is a system designed to effectively treat probationers and parolees basedon their particular problems. Treatment manuals are prepared for each category, and are taken into
consideration in setting up treatment plans for individual probationers and parolees. Currently, there are
13 categories: Thinner-sniffing Offenders; Stimulant Drug Abusers; Offenders with Drinking Problems;
Gang Members; Hot-rodders; Sex Offenders; Mentally Disordered Offenders; Unemployed Offenders;
Elderly Offenders; Junior High School Students; In-school Violence Offenders; Family Violence Offenders(including violence to partners and children); and Offenders with Gambling Addiction.
7.

Treatment Programmes as Special Probation Conditions

Systematic treatment programmes designed to address specific criminal tendencies and designatedby the Minister of Justice as such may be included as a special probation condition for probationers andparolees.
Currently, there are three designated treatment programmes: the Sex Offender Treatment Programme;
the Stimulant Drug Offender Treatment Programme; and the Violence Prevention Programme. As they
form part of the special probation conditions, a failure to participate can lead to adverse actions.
These programmes are based on cognitive-behavioural theory, and they consist of one introductory
session and five core sessions. By participating in these programmes, probationers and parolees are expected
to understand their biases in thinking, to recognize the situations in which they are likely to commit theoffence, and to develop skills to cope in such situations. Notably, the Stimulant Drug Offender Treatment
Programme includes compulsory drug testing (either urinalysis or a saliva test), and if the result is positive,
it will be reported to the police unless the probationer or parolee voluntarily turns himself or herself in to
the police.
The programmes for drug offenders and violent offenders are tailored for individual delivery, while
the sex offenders programme can be delivered either individually or in group sessions.
8.

Short -Term Programmes for Juvenile Probationers

Upon recommendation by the Family Court, juvenile probationers with relatively weak criminal
tendencies may be placed on programmes called “Short-Term Traffic Probation” or “Short-Term Juvenile
Probation.” While the duration of probation is legally no different from ordinary juvenile probation, these
programmes operate on the assumption that probation will be terminated early if the juveniles fulfill certain
requirements.
Short-Term Traffic Probation requires juvenile probationers to attend group sessions such as lectures anddiscussions, and to submit monthly reports on their daily lives. Those who have satisfied these requirements
are ordinarily discharged from probation after three to four months. Juveniles placed on Short-Term
Juvenile probation are required to submit monthly reports and to complete certain tasks assigned by theprobation officer. These tasks are determined on an individual basis, and they may include community
service, volunteer work at social welfare institutions such as special nursing homes for the elderly, or
participation in various cultural, labour, or recreational programmes organized by rehabilitation volunteers.
These activities are collectively called “community participation programmes,” and juvenile probationers
and parolees not enrolled in Short-Term Programmes may also participate on a voluntary basis.
9.

Comprehensive Job Assistance Scheme

Secure employment is essential to social reintegration and rehabilitation of offenders and juvenile
delinquents. To improve their employability and provide job placement assistance more effectively, theMinistry of Justice and the Ministry of Health, Welfare and Labor recently agreed to strengthen their co-− 46 −

ordination in the provision of services. For example, Public Employment Security Offices will provide
support in preparing for employment while the offender is still in prison. To ease the anxieties of potential
employers, trial employment programmes and employer fidelity bonds schemes are provided as well.
In 2009, of the 6,371 probationers and parolees who enrolled in the job assistance scheme, 2,089
secured employment through it.
10.

National Centre for Offenders Rehabilitation ProjectSome prison inmates and juveniles in juvenile training schools, despite their willingness to change
and the progress they have made while in a correctional institution, may still not be eligible for parole forlack of an appropriate place to return to. They may have no family, friends, or employers willing to accept
them, and may also be rejected by Offenders Rehabilitation Facilities (halfway houses) operated by theprivate sector. National Centres for Offenders Rehabilitation have been established to provide temporary
accommodation, coupled with intensive supervision and job placement assistance by probation officers, forsuch offenders and juveniles. These Centres create opportunities for early release on parole, and ensure thatthese offenders and juveniles are not released into community without appropriate probationary supervisionand support. As of 2010, four such Centres are in operation, and their total capacity is for 58 parolees.

Numata-cho National Centre
for Offenders Job Training and Employment Support

E.

Termination of Probation and Parole

Depending on the performance of the probationer or parolee, probation or parole may be terminatedearly (see page 42-43 for the regular period of each type of probation and parole), or in “failure cases,”
adverse actions such as parole revocations may be taken.
1.

Measures for Good Conduct

Juvenile probationers are discharged early when the director of the probation office finds it no longer
necessary to continue the probation. For juvenile parolees, the decision on early discharge is made by
Regional Probation Boards upon proposal by the director of the probation office.
Probation for adult parolees runs for the remaining term of the sentence, and there is no early
discharge from probation.23 This means that offenders paroled from life imprisonment will be on probation
for life, which can be terminated only through pardon. As for adult probationers, the period of probation

23. Offenders paroled from indeterminate prison sentences may be discharged early from probation. However, in Japan, indeterminate sentencing
is applicable only to juveniles, and its use is limited.

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corresponds to that of the suspension of execution of sentence as specified by the sentencing court, andcannot be shortened. However, the Regional Parole Board, upon proposal from the director of the probation
office, may provisionally cancel the probation, in which case, the probationer will be treated as if not underprobation.
2.

Measures against Bad Conduct

When a juvenile probationer does not comply with the conditions of probation, the director of theprobation office may issue warnings. If the juvenile still does not comply and the degree of non-complianceis serious, the director may apply to the Family Court for a decision to commit the juvenile to a juvenile
training school.
In the case of juvenile parolees who do not comply with the conditions, the Regional Parole Board,
upon proposal from the director of the probation office, may apply to the Family Court for a decision torecommit the parolee to a juvenile training school.
If an adult parolee does not observe parole conditions, the Regional Parole Board, upon proposal
from the director of the probation office, may revoke parole. When parole is revoked, the parolee is confinedin the correctional institution for the whole length of his or her parole period.
When an adult probationer does not comply with the conditions and the circumstances of noncompliance are serious, the director of the probation office shall submit a proposal in writing to the publicprosecutor, who will then apply to the court for a decision to revoke the suspension of the execution of thesentence.
F.

Outcome of Probation and Parole

The number of probation and parole cases terminated in 2009 is shown in Table 2 below. The
number of successfully completed cases (i.e. the probation or parole period passed without any adverse
action being taken, or probation or parole was terminated early for good conduct) and the number of cases
in which reoffending took place are included as well. The figures do not add up to 100% because some of
the cases of reoffending, especially cases of minor offences, did not result in adverse actions being taken.
The five year recidivism rate for offenders placed on probation or parole in 2004 (i.e. the rate of those who
reoffended by the end of 2009) is shown in Table 3.
Table 2. Probation and Parole Cases terminated in 2009
Juvenile
Probation*

Juvenile
Parole

Adult
ParoleAdult
Probation

Total

17,104

4,060

15,634

4,576

Successfullycompleted

14,387(84.1%)

3,377(83.2%)

14,645(95.3%)

3,320(70.4%)

Cases ofreoffending

3,194(18.7%)

878(21.6%)

91(0.6%)

1,340(29.3%)

2009* Excluding special Short-Term Programmes for juvenile traffic offenders.
Table 3. Five year Recidivism Rate 2004-2009
2004-2009

Juvenile
Probationers

Juvenile
Parolees

Adult
Parolees

Adult
Probationers

Recidivism rate

17.0%

23.1%

6.2%

31.4%

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AFTERCARE OF DISCHARGED OFFENDERS

Offenders released from custody but not subject to probation or parole may still need some formof aftercare support from the government. Examples of such offenders include (i) inmates released after
serving the full term of their prison sentences; (ii) defendants who received “suspension of execution ofsentence without probation” (see page 31); and (iii) suspects released by prosecutors with “suspension ofprosecution” (see page 22).
The Offenders Rehabilitation Act authorizes the director of a probation office to provide “urgent
aftercare” to such discharged offenders, either directly or by commissioning appropriate persons to do so,when applied for by eligible offenders, to the extent necessary for their improvement and rehabilitation.
Aftercare services that may be provided include medical care, meals, accommodation, clothing, educationand training, travel expenses, vocational guidance, and referral to Public Employment Security Offices or
Public Welfare Offices. The maximum period of aftercare is six months in principle but may be extended
for up to another six months.
III.

PARDONS

Pardon is an action of the executive branch that officially nullifies punishment or other legal
consequences of a crime. Though not a measure for offender treatment in itself, pardon can function as a
stimulus and encouragement for behavioural change. It is particularly significant for offenders released onparole from life sentences, for they will be placed on probation for life unless the underlying sentence isremitted by a pardon.
The authority to grant pardons to specific individuals belongs to the Cabinet. Upon recommendationby the National Offenders Rehabilitation Commission, the Minister of Justice asks for a Cabinet decision
granting a pardon, which is then attested by the Emperor.

IV.

MEASURES FOR CRIME VICTIMSIn 2007, rehabilitation services launched four measures for crime victims in relation to offenders’rehabilitation. The four measures are (i) victim input into the parole process (victims may express theiropinion regarding parole); (ii) communication of victims’ sentiments (victims may ask the probation officer
to convey their sentiments to probationers and parolees); (iii) victim notification (certain information aboutprobation and parole is notified to victims); and (iv) counselling and support.
As of 2010, 66 probation officers and 108 VPOs are assigned to work exclusively on victim support
measures.
V.

MEDICAL HEALTH SUPERVISION

The Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases under theCondition of Insanity provides for medical care and treatment of individuals who committed acts thatwould constitute offences such as murder, rape, robbery, arson, or injury (or attempts thereof) but who, forreasons of insanity or diminished capacity, were acquitted, received a reduced sentence with suspension of
its execution, or were not prosecuted. Under the act, the court may commit such persons to a designatedmedical facility or order them to receive outpatient treatment at same.
Persons ordered to undergo outpatient treatment are placed under medical health supervision
by a probation office. The purpose of the supervision is to ensure that the person continues to receivenecessary medical treatment. Other responsibilities of the probation office include co-ordination of social
circumstances and co-ordination of various institutions and organizations involved in the care and treatmentof the person. These responsibilities are undertaken by rehabilitation co-ordinators (see page 9), and not byordinary probation officers.

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VI.

CRIME PREVENTION ACTIVITIES

Various efforts are undertaken by the rehabilitation authorities to: (i) raise public awareness of theimportance of offender rehabilitation; (ii) improve social environments; and (iii) engage communities in
the prevention of crime. As part of such efforts, an annual crime prevention campaign, called “Movement
Toward a Brighter Society,” is organized under the leadership of the Ministry of Justice. The campaign iscarried out through the year, but in the campaign month of July, an extensive public relations programmeis launched to advocate “the power of the community that prevents crimes and juvenile delinquency andhelps offenders’ rehabilitation,” which is also is the subtitle of the campaign.

Campaign for Junior High School Students− 50 −