REPORT OF THE FOLLOW-UP SEMINAR FOR THE SECOND PHASE OF
THE THIRD COUNTRY TRAINING PROGRAMME (TCTP)
FOCUSING ON THE DEVELOPMENT OF COMMUNITY-BASEDTREATMENT OF OFFENDERS IN THE CLMV COUNTRIES＊From 26 to 28 June 2018, the United Nations Asia and Far East Institute for the Prevention of Crime andthe Treatment of Offenders (UNAFEI) hosted the Follow-up Seminar for the Second Phase of the Third
Country Training Programme (TCTP) Focusing on the Development of Community-Based Treatment of
Offenders in the CLMV Countries (hereinafter, the “Follow-up Seminar”). This report summarizes theproceedings, country presentations and general discussions held throughout the Follow-up Seminar.
Proceedings
1. MS. KAYO ISHIHARA, Deputy Director of UNAFEI, welcomed the participants and announced the openingof the Follow-up Seminar. Further, she recognized the efforts of the Japan International Cooperation
Agency, the Department of Probation of Thailand (DOP), and the Thailand International Cooperation
Agency (TICA) in organizing and implementing the TCTP with the cooperation of UNAFEI. Noting thatthe establishment of effective community-based treatment (CBT) in the CLMV countries faces numerous
challenges, it is very important to share periodically what each country has achieved and to evaluate
progress. To achieve the goal of the TCTP, Deputy Director Ishihara stressed that it is important for allparticipants, as experts and practitioners, to take the initiative to introduce and develop CBT in theirrespective countries, making use of the knowledge and insights obtained during the TCTP.
2. MR. PAYONT SINTHUNAVA, Deputy Director-General of the Department of Probation (DOP) of the Ministryof Justice of Thailand, emphasized the importance of implementing the Tokyo Rules in criminal justicesystems in order to rehabilitate offenders in the community with their families and to allow them tobecome productive members of society. Noting that the first two phases of the TCTP have demonstrated
the importance of implementing probation practices in the context of each country with an understandingof the “big picture” in terms of legislative, executive and judicial powers of the state, this Follow-up
Seminar presents an opportunity to discuss the progress and challenges of implementing communitybased treatment in the CLMV countries, with the goal of full implementation of the Tokyo Rules in thenear future.
3. The Visiting Expert, DR. MANUEL G. CO, EX Officio Member of the Board of Pardons and Parole andAdministrator of the Parole and Probation Administration (PPA) of the Republic of the Philippines,delivered a presentation on “Countermeasures to Supervisees who Commit Bad Conduct”.
4. Country presentations detailing progress made since the first phase of the TCTP were made by thedelegations from Cambodia, Laos, Myanmar, and Viet Nam.
5. Lectures were delivered by: (1) MR. HITOSHI MIYAKE, Principal Examiner of the Kanto Regional Parole
Board, on an “Outline and details of punishment and sanctions imposed on persons released on parole andpersons under probation with suspension of execution of the sentence” and (2) Deputy Director Ishihara,on the “Legislative Steps for Introduction of Community-based Treatment of Offenders”.
Visiting Expertʼs Lecture
6. Dr. Co presented on the topic of dealing with supervisees who violate conditions of probation or parole,considering the question of whether revocation of probation or parole should be considered a failure of thesystem. In the Philippines, community corrections is implemented through individualized treatment. The[Editor’s Note: This version of the report replaces the version that was originally published in Resource Material Series No.
105 (Sep. 2018). Since publication, the delegations of Cambodia and Viet Nam have requested minor changes to the report
regarding their country presentations, all of which are reflected herein.]＊

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PPA supervises and rehabilitates parolees, pardonees, probationers and first time minor drug offenders in
the community, and its three vital responsibilities are investigation, supervision and rehabilitation. Postsentence investigation into the background of each offender identifies which offenders are suitable forcommunity-based treatment, and those who are suitable are supervised in the community with thesupport of Volunteer Probation Assistants. Rehabilitation programmes are applied according to a threepronged approach, including (i) restorative justice, (ii) the Therapeutic Community (TC) Ladderized
Program, and (iii) volunteer resource mobilization.
Community-based treatment is a conditional release subject to conditions. While the conditions serve as a
substitute to iron bars and prison laws, it is important that conditions are realistic and imposed for the
purpose of helping each individual offender conform conduct to a law-abiding lifestyle. In addition toprobation and parole, conditional pardons are used as a means to release offenders while maintaining
control over their conduct in the community. Control over supervisees in the community is maintained
through mandatory and special conditions. Mandatory conditions include the duty to report to probation
offices, to reside at the offenderʼs approved residence, and to refrain from committing further offences.
Special conditions are designed to encourage offenders to develop as responsible, productive and sociallyredeemed individuals by requiring them to engage in productive behaviours, e. g., employment, or torefrain from destructive behaviours, e.g., drug use, possession of firearms, or relationships with criminal
associates.
If mandatory or special conditions are breached, the PPA may take various actions depending on thenature of the violation. Minor violations of conditions may be addressed by administrative disciplinary
protocols, which may include corrective measures imposed at the discretion of Probation and Parole
Officers. If a parolee commits another offence while on conditional release, he or she must serve theremaining portion of the original sentence in addition to the term required for the new offence;probationers who reoffend must serve the time for the original and the new offence. Violations ofconditions of parole or pardon are evaluated by the Board of Pardons and Parole based on fact-finding andthe recommendations of probation officers, and the Board may issue an Order of Arrest andRecommitment to place the offender in custody. At any time during probation, the Court may issue awarrant for the re-arrest of a probationer for violation of any condition. In all cases, it is important toremember that offenders are entitled to the presumption of innocence and other constitutional rights.
In answering the question of whether revocation is a failure of the system, Dr. Co stressed that failure
cannot be attributed to the probation officer alone, as each offender is ultimately responsible for his or her
own behaviour and faces his or her own family and other problems in the community. The role ofprobation officers is to serve as gatekeepers of the justice system and to help offenders comply with theirconditions. Recalling that the purposes of supervision are to implement conditions, rehabilitate theoffender and prevent the commission of further crime, Dr. Co recommended that the participating
countries consider the adoption of volunteer probation officer/assistant programmes to enhance offendersupervision and rehabilitation through the use of community volunteers and community resources.
Country Presentations
7. CAMBODIA. Like a number of other countries, Cambodia has adopted legislation that addresses communitybased treatment but has faced challenges in implementation. The reported challenges include public
resistance to the concept and financial constraints that prevented the commencement of a pilot project.
These challenges were raised at the Cambodian MOJʼs annual congress, and the MOJ committed tofurther promotion of community-based treatment by disseminating relevant statues on non-custodial
measures to judges, prosecutors and judicial police of various provinces. The Ministry of Interior has
established a committee to address these issues, agreeing that the best way to initiate a trial programme
would be to focus on the community-based treatment of juvenile delinquents. In 2019, responsibility forjuvenile delinquents will be transferred from the Ministry of Interior to the Ministry of Social Affairs,
Veterans and Youth Rehabilitation. Under existing law, prosecutors execute the decisions of the courtwith the assistance of judicial police officers. The delegation plans to raise public awareness of CBT andnon-custodial measures though all means possible.
8. LAOS. The delegation from Laos reported having gained useful knowledge during the Second Phase of the
TCTP, which was reported to the Minister of Justice. The Criminal Procedure Law contains provisions on
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re-education without deprivation of liberty, stay of execution of penalty, conditional release, and other
CBT-related measures. Currently, however, no ministry has been assigned as the responsible agency for
CBT, so offenders are entrusted to local administration authorities (such as village, district, andcommunity police), mass organizations and other state organizations for rehabilitation, reintegration andrecidivism prevention. The village administration system, including village mediation committees, areresponsible for handling normal cases and non-violent cases, such as stealing property, traffic violations,battery and other cases resulting in minor damage or those that do not affect society. Applicable laws,
regulations and policies will be disseminated to local administrations and the other organizations
mentioned above to raise public awareness.
9. MYANMAR. The delegation reported that there is no specific legal framework for CBT, but a CBTframework is applied in drug cases in which police officers take drug users to medical centres for medical
treatment. Drug users who refuse treatment are sent to a rehabilitation centre for six months. This
process involves the police, the courts, the Ministry of Home Affairs, the Ministry of Health and Sport, andthe Ministry of Social Welfare, Relief and Resettlement (MOSWRR). The MOSWRR implements
rehabilitation services by Centre Based Rehabilitation, Semi-Community Based Rehabilitation, andCommunity-Based Rehabilitation Reports on Activities of Rehabilitation. These processes involve
interviewing and recording of the biological data of trainees and making assessments based on the use ofdrugs. The social work practices being carried out include mental and physical rehabilitation, providing
vocational training, preparing for reintegration into society and the provision of after-care services.
Myanmar is undertaking efforts to raise public awareness in order to educate the public, change thepublic mindset, promote the use of community corrections over imprisonment, and prevent recidivism.
10. VIET NAM. The delegation from Viet Nam reported learning about organizational structure, qualified staff,
facilities, and professional volunteers during the second phase of the TCTP. Since January 2018, Viet Nam
has issued some documents related to guidance on conditional early release and suspended sentence. In
Viet Nam, CBT basically includes conditional early release, non-custodial sentences, and suspended
sentences. Vietnamese law emphasizes the participation of the community in offender treatment(including inmates, persons serving non-custodial sentences, persons serving suspended sentences, andpersons granted conditional early release) through many measures such as education and job training,sport and cultural activities, yearly meetings for families of inmates, agreements with the private sector to
support offender rehabilitation, and legal support and psychological counselling. Inmates are eligible forconditional early release if they meet certain requirements. Conditional release decisions are made byprovincial peopleʼs courts where the inmates are serving the sentence. Offenders serving sentences in thecommunity are subject to management, supervision, education and reporting as well as otherrequirements, such as vocational training and job-hunting and financial support. To raise awareness of
CBT in the community, the delegation recommended measures such as (i) issuing instruction documents,(ii) dissemination of information through the media, especially national television, (iii) conducting national
surveys on CBT, (iv) developing mechanisms to reward active participation of people in the communityand extending models of funds and clubs for rehabilitation.
Plenary Discussion
11. PROFESSOR HIROYUKI WATANABE (UNAFEI) chaired a plenary discussion, during which the participants
shared comments and asked questions regarding their respective systems. Noting that Thailand took 22
years to adopt a fully functional CBT system, Mr. Sinthunava (DOP) stressed the importance of setting
timelines for the adoption of such systems. Prof. Watanabe raised the issue of dealing with drug crimes in
the CLMV countries, whereupon Mr. Nouth (CAMBODIA) pointed out that there is a difference in the waythat drug use and possession is viewed in many countries. While drug use is considered a medical
problem, drug possession is viewed as a crime. In jurisdictions where drug possession is aggressively
enforced, the result is that even minor possession cases can result in prosecution, and, thus, prison
overcrowding. Additionally, while the public may be more accepting of drug users in medical treatment,
the public will be much less sympathetic to those who are labelled as criminals. Dr. Co (PHILIPPINES) raised
the importance of performing drug dependency examinations prior to making probation decisions in drugcases because drug-dependent offenders cannot be effectively treated in the community (without firstcompleting a drug addiction treatment programme at a rehabilitation centre). PROFESSOR TAKUYAFURUHASHI (UNAFEI) enquired into the use of risk assessment in CBT programmes, and it was report that
Thailand conducts assessment based on Andrews and Bontaʼs well-known Risk-Need-Responsivity (RNR)
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Model, which assesses each offenderʼs (i) risk of reoffending and (ii) dynamic criminogenic needs that canbe supported in various ways by government and community resources. Finally, all participants
recognized the need to develop effective strategies to promote public awareness of CBT.
Lectures12. Mr. Miyakeʼs presentation addressed the topics of probation supervision in Japan and sanctions for bad
conduct. Pursuant to the Offenders Rehabilitation Act, the purpose of rehabilitation is to prevent
reoffending and juvenile delinquency and to assist offenders as in becoming self-reliant as sound membersof society. The primary measures for offender rehabilitation include (i) instruction and supervision, which
guide offenders toward pro-social thinking and living, and (ii) guidance and assistance, which connect
offenders with social services to facilitate their rehabilitation and reintegration. In Japan, probation
supervision can be applied to juvenile and adult probationers and parolees. Supervision is conducted on an
individualized basis, taking account of each offenderʼs age, family situation, etc., and efforts are made toapply the most “appropriate” measures to facilitate the offenderʼs rehabilitation and reintegration into
society. For example, if a probationer exhibits self-reliance and other pro-social qualities, probation is nolonger necessary or “appropriate”. On the other hand, if probation is not effective in a particular case andthe probationerʼs attitude or conduct deteriorates, the continuation of probation may not be appropriate.
Probationers and parolees are subject to general and special conditions, and when these conditions are
violated, action must be taken in response. For example, probationers are required to reside at a specificaddress that has been reported to the probation office. If the probationer cannot be found or has changed
residences without permission, measures may need to be taken to address the probationerʼs violation of
his conditions of probation (i.e., bad conduct). In such cases, the probation officer will submit a report to
the regional parole board, which will determine what action should be taken. If a probationer cannot befound, it may be necessary to suspended probation, which means that the probationer will not be given
credit for serving probation for the period during which he or she cannot be found. This effectively
extends the probationary period by the number of days the probationer was absent without leave.
However, in cases where probation is no longer appropriate due to bad conduct, e. g. reoffending or
violation of special conditions, probation will be revoked unless the regional parole board finds that special
circumstances exist that make it reasonable to continue probation. Probation is revoked by the issuance ofa warrant of appearance, and a probation officer may serve the warrant on and arrest the probationer.
The probationer is then taken to the probation office, where he or she is interviewed and detained
pending the final revocation decision of the regional parole board. If a probationer receives suspended
execution of sentence and violates the conditions of probation, the public prosecutor must be informed toprocess the revocation through the courts.
13. Deputy Director Ishihara presented on legislative and practical strategies for the creation of effective
CBT systems. Legislation is necessary because CBT is a constituent element of a criminal penalty which
restricts the liberty of offenders. Thus, due process protections must be afforded to provide a check on theexercise of state power. Appropriate laws must address, among others, (i) the conditions upon which CBT
can be applied, (ii) who may impose CBT, and (iii) which agency is responsible for conducting CBT. At thesame time, the application of CBT must remain flexible, diverse and discretionary because the sanction is
imposed in the community where offenders are faced with real-life challenges. Accordingly, input frompractitioners on developing workable practices is extremely important. Of course, the enactment oflegislation alone is insufficient. To carry out the purpose of the law, the following factors must be present
when the law enters into force: an implementing agency, adequate resources, detailed procedures, and the
support of relevant stakeholders and the general public. This makes it critically important to conduct
adequate “market research” to determine an appropriate timeframe for implementation. In this context,
market research is a process to gather information to estimate the number of offenders that will be
subject to CBT once the system becomes operational. This requires policymakers to frame the scope of
CBT by clarifying the major conditions as defined by law, such as the types of crime and penalties eligible
for CBT, the degree to which criminal records and family relations are considered and so on. Each country
will need to determine whether judges or administrative bodies will be responsible for deciding which
offenders are eligible for CBT. If judges, make such decisions, the law should refer to the factors to beconsidered; if administrative bodies make such decisions, guidelines should be developed and training
should be provided. Additionally, reliable statistics are necessary to plan for the implementation of CBT
programmes. Such planning should take “market size” into consideration, for example, by recognizing that
CBT in an urban setting is likely to face different challenges and require different resources than in102

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suburban or rural areas. After gathering the information necessary to create a roadmap toimplementation, stricter conditions for eligibility and limiting the initial scope of CBT are options foraccelerating implementation with the expectation of expanding the programme in the future.
Introduction of the Third Phase of the TCTP
14. MS. TARUATA KLAEWKLA (DOP) introduced the General Information for the Third Phase of the TCTP,
reviewing the application procedures, participant qualifications, and the programme schedule. The
programme will take place in Thailand from 10-22 December 2018. The primary objective of the Third
Phase is to gain practical experience by working with Thai probation officers in the field.
Presentation on Halfway Houses in Japan
15. PROFESSOR HIDENORI OHINATA (UNAFEI) delivered a final presentation on halfway houses. Japan currently
has 103 halfway houses, which accommodate discharged offenders and provide aid and guidancenecessary for offendersʼ reintegration. Halfway houses are run by persons approved by the Minister ofJustice, and the government provides financial support for their operations. These operations include
housing, feeding, and the provision of training and other guidance programmes for residents. Probationers,
parolees, offenders released from prison after serving their full terms of imprisonment, and persons
released from pre-trial detention are eligible to reside in halfway houses. Upon release, roughly 30% of
parolees reside in halfway houses, and the average length of a residentʼs stay is 79.8 days.
Study Visit
16. At the conclusion of the Follow-up Seminar, the participants visited the Saishukai Halfway House inTokyoʼs Shinjuku Ward.
28 JUNE 2018
AKISHIMA CITY, TOKYO, JAPAN103

RESOURCE MATERIAL SERIES No. 106

ANNEX
1. LIST OF PARTICIPANTS
2. THE FOLLOW-UP SEMINAR SCHEDULE

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