139TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSEGROUP 2
EFFECTIVE INSTITUTIONAL TREATMENT PROGRAMMESFOR SERIOUS AND VIOLENT JUVENILE OFFENDERS
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteurs
Members

AdvisersDr. Álvaro Burgos
Ms. Salma Begum
Ms. Claudina Morgan
Ms. Gloria B. Dithupa
Mr. Wangdi Tshering
Ms. Mayu Hayashi
Mr. Masaru Takahashi
Mr. Yoshihiro Uchida
Mr. Jung Jaemyung
Prof. Tetsuya SuganoProf. Ryuji Tatsuya(Costa Rica)(Bangladesh)(Antigua and Barbuda)(Botswana)(Bhutan)(Japan)(Japan)(Japan)(Korea)(UNAFEI)(UNAFEI )I. INTRODUCTION
Group 2 started its discussion on 2 June 2008. The group elected, by unanimous consensus, Dr. Álvaro
Burgos as its Chairperson, Ms. Salma Begum as its Co-Chairperson, Ms. Claudina Morgan as its Rapporteur,and Ms Gloria B. Dithupa and Mr. Wangdi Tshering as its Co-Rapporterus. The Group, which is assigned
to discuss “Effective Institutional Treatment Programmes for Serious and Violent Juvenile Offenders”,
agreed to conduct its discussion in accordance with the following agenda: 1) Problems and challenges ofassessment techniques; 2) Effective treatment programmes for serious and violent juvenile offenders;
3) Treatment programmes taking into consideration victims’ viewpoints; 4) Problems and challenges ofcontinuous treatment programmes from institutional care to community treatment; and 5) Goals and needs
for improving effective institutional treatment programmes for serious and violent juvenile offenders.

II. PROBLEMS AND CHALLENGES OF ASSESMENT TECHNIQUESThe group first reviewed the definition of juveniles in each participant’s country. The legal ages forjuveniles vary from country to country, ranging from the lower limit of seven years old in Bangladesh
through the upper limit of 19 years old in Korea and Japan (refer to Table 1 below).
Table 1: Juveniles’ Legal Age of Criminal Responsibility and Possible Maximum Penalty
Countr yAge

Possible Maximum Penalty for Juveniles

Antigua-Barbuda

8 – 16 yrs

Indefinite sentence

Bangladesh

7 – 16 yrs ( According to the Children

10 years

Act, 1974 the definition of “children”
embraces all up to the age of 16 years.
“Juvenile” is not defined in age terms
anywhere in the Children Act.)
Bhutan10 – 18 yrs

Half of the applicable sentence for an adult.

Botswana

14 – 18 yrs

Indefinite sentence with the possibility of parole.

Costa Rica

12 – 18 yrs

10 years (for juveniles aged 12-14)

The death sentence is not applied in Bhutan.

15 years (for juveniles aged 15-18)
Japan

14 – 19 yrs

Life sentence with parole (for juveniles aged 14-17)
Death penalty (for juveniles aged 18-19 at the timeof committing a crime)

Korea

14 – 19 yrs

15 years (for juveniles aged 14-17).
Indefinite sentence (for juveniles aged 18-19)

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The group then discussed situations of assessment for juvenile offenders in each member’s country.
Specifically, the group focused on assessors, the stages at which assessment is conducted, and problems
and challenges of assessment (refer to Table 2 below). As a result, we found that major assessors include
probation officers, social workers, psychologists, police officers, and instructors. Assessment is carriedout mainly in court, correctional institutions, and other places, such as probation offices. Also, cases wereassessed at multiple case handling processes, such as the as pre-trial/hearing, during the trial/hearing, at theinitial stage of institutional treatment, and at the middle stage of institutional treatment. The group agreed
the following four reasons as the purposes of assessment:
1.	To clarify the type of treatment the juvenile needs;
2.	To assist decision-making for appropriate disposals at court;
3.	To make an individual treatment plan;
4.	To evaluate the outcome of treatment.
The participant from Korea raised an issue regarding point 1 above. In Korea, gangster juveniles and nongangster juveniles are confined in the same facility and there is no distinction made between them. Thus,
non-gangster juveniles are susceptible to negative influence by gangster juveniles. The Korean participantemphasized the significance of classification and division of juvenile offenders who are in gangs/groups
and those who are not. The participant from Botswana also commented that systems in her country do notmake a distinction between serious juvenile offenders and general juvenile offenders, which is a problem.
The group additionally discussed what to assess for juvenile offenders and consented that the juvenile’s
internal factors, including mental state, personalities, thinking patterns, intellectual abilities, as well as thejuvenile’s social background, including involvement in organized crime groups, family, school, employment,
and community, should be comprehensively assessed. Furthermore, many participants stressed thattaking cultural differences and varieties in ethnic backgrounds into consideration is critical in conducting
assessment. For example, the participant from Antigua and Barbuda noted that a large number of immigrants
has had some level of effect on the present crime rate in her country. The participant from Costa Rica also
stated that immigration issues are important in conducting assessment. His country has many immigrants
from Colombia, Nicaragua, El Salvador, and so on, and a high correlation has been identified between
robberies and a low economic situation among juveniles.
Problems and challenges of assessment voiced by participants are summarized as the following four
points:1.	Lack of infrastructure (e.g. funds, facilities);
2.	Insufficiency of professional staff and training (e.g. medical doctors, social workers);
3.	Shortage of clear classification regulations;4.	Lack of resources to assess the effectiveness of programmes.
Concerning point 3 above, the participant from Bhutan, for instance, said that his country has no clear
standards and regulations to classify juvenile offenders and the formulation of such acts are now in progressby the government. With regard to point 4, Mr. Takahashi, from Japan, mentioned that importing assessment
tools from developed countries and using them tailored to each country’s situations would be useful indealing with this issue.

182139TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Table 2: Current Situation: Assessment for Juvenile Offenders
Countr y

AntiguaBarbuda

Assessor(Who?)

Case stage

PurposeProblems and challenges of(When?)( What for?)assessment for effective treatment○ From initial○ To assist with the best ○ The cases should be dealt with at thestage through to possible disposal of
court in a timely manner in submitting○S ocial worker
end
the matter being dealt
reportswith○P robation○ Other persons involved (police, social
officer○ To assist the offenderworkers, probation officers) are notsufficient to enhance efficiency of the○ To maintainprocess
procedural standards○P sychologist○ To provide adequate
treatment to juveniles
Bangladesh○ Probation
officers○ Instructor at
the Juvenile
Certified
Institute○P re-trial○D uring hearing○ To clarify what type of ○ Lack of infrastructural facilities
treatment the juvenile○ I nsufficient number of probation
needs
officers○ To help decision○ Social workers are not that muchmaking for
involved in the assessment process
appropriate disposal atJuvenile Court○ To decide whether
to send to a certified
institute or to keep
the juvenile on
probation - under theguidance of parents
or relatives and under
the supervision of theprobation officer

Bhutan○ WCP (Women ○ Before trial
and Child fter trial○A
Protection
Unit)○ Investigation
officers○ To help decisionmaking for early
disposal at the court○ To minimize thesentence as far as
possible○ Staff of YDRC○ Absence of a Juvenile Act○ Inadequate knowledge among police
officers or responsible staff○ Absence of facilities○ No psychologists○ Lack of infrastructure○ No half way home facilities○ Lack of after release care services andmonitoring systems for juvenile○ Risk of reoffending is very high

Botswana○ Social workers ○ Upon admission ○ To provide counselling ○ Lack of skilled manpower to deal withserious and violent juveniles (e.g.
into an institution and guidance on an○ Employment
psychiatrists or psychologists)
individual basisof Prisoners○ W ithin one○ No monitoring tool to assess themonth ofand Allocation○ To conduct groupextent of effectiveness of programmes
sessions to help
incarceration
Committee
develop social
and interpersonal
competence○ To assist inmatesto make decisions
based on interest andability especially withvocational training
programmes

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Costa RicaJapan

○ Psychologist at ○ Before trial
Juvenile Court○ After trial○ Psychologist
for thesentencing○ Psychologist
at Juvenile
Classification
Homes○ Probation
officer at
Family Court○ Instructorat Juvenile
Training
SchoolKorea○ Classification
officer atJuvenile
Classification
Homes○ Pre-hearing○ Initial stage ofinstitutional
treatment○ Middle stageof institutional
treatment○ To determine the○ Small number of psychologists andmental capacity of theforensic scientists for all the wholejuvenile
country○ To help with personaltreatment○ To help decisionmaking for
appropriate disposals
at the Family Court○ No standardized tool for measuring
the risk of recidivism○ To classify and keep
conformity within atreatment group○ To make an individualplan for institutional
treatment○ To evaluate theoutcome of treatment○ Before trial○ Same as Japan○ Ordinary juvenile offenders are
not always separated from juvenile○ Before releasing ○ To decide on the kindgangsters
juveniles fromof confinement facility
Juvenile Training to be used
○ No rules or regulations to separate
Schooljuveniles according to the nature of○ To decide when to
their crimes○ Investigator atrelease the juvenile
Family Court

III. EFFECTIVE TREATMENT PROGRAMMES FOR SERIOUS AND
VIOLENT JUVENILE OFFENDERS
A. Current Situations
1. Japan
In Japan, serious and violent juvenile offenders are usually committed to special or medical juvenile
training schools or juvenile prisons where those offenders can receive treatments specifically tailored
for their conditions, such as the victimization awareness programme which will be described later. Japan
provides individual treatment programmes for juvenile offenders. In juvenile correctional institutions,each juvenile is assigned an individual instructor at the initial period of admission. An individual instructor
frequently conducts interviews with the assigned juvenile and strives to deeply understand the inmate.
However, in such facilities, not only the individually assigned instructor, but also many staff members
are involved in the treatment of juveniles throughout the whole process. For example, inmates haveopportunities to communicate with dormitory staff, officers in the classification and aftercare co-ordination
section, and the general affairs section. Such daily contacts with many people prompt co-operative
relationships. Thus, Japan approaches juvenile inmates in every part of daily life. Japan also offers
counselling by psychiatrists and group guidance by the type of offence, such as violence. However, thechallenges include conducting more research on the effectiveness of programmes and enriching anddeveloping them, based on research findings. Securing the necessary number of treatment staff members,
especially medical doctors and psychiatrists, is also a crucial issue in order to respond to each juvenile’s
needs appropriately.
2. Antigua and Barbuda
In Antigua and Barbuda, serious and violent juvenile offenders are usually committed to the boys’ homeor adult prisons. The Child and Family Guidance Center provides anger management and conflict resolution
programmes for juveniles, vocational training (e.g. PC skills), commuting to school outside the facility, andcommunity activities in the boys’ training school. Ms. Nathaniel-Morgan noted three issues in her country.
Firstly, evaluation of programmes is insufficient. Specifically, the correctional institution’s priority does not
go beyond meeting basic needs. Secondly, her country has no follow-up, aftercare programme due to thelimited number of probation officers. Thirdly, programmes for juveniles are not very rehabilitation-oriented,

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but rather punishment-oriented, reflecting public opinion.
3. Bangladesh
In Bangladesh, serious and violent juvenile offenders are usually committed to Juvenile Development
Centers. There are two juvenile development centers for boys and one such center for girls. Bangladesh
provides primary and high school level academic education, vocational training to boys for their economic
rehabilitation, and other kinds of training for girls such as tailoring, handicrafts, etc. There are recreationaland medical facilities, and counselling services for juvenile inmates are provided in the Juvenile
Development Center. Counselling sessions are conducted on an individual or group basis. For the inmates,
there are classes on social norms and values, good behaviour, religious belief, and manners and etiquette. In
the certified institutes, serious and violent juvenile offenders are kept separated from others.
4. Bhutan
In Bhutan, serious and violent juvenile offenders are usually committed to a Youth Development
Rehabilitation Center (YDRC). Bhutan provides HIV programmes, vocational training programmes(handicrafts, hairdressing), and guidance on the concept of giving hope for a better future. Moreover,Bhutan adopts behaviour modification systems. It encourages the inmates to continue their education. On
weekends, an outing programme is provided for inmates who have engaged in pro-social behaviours. If
inmates misbehave, these privileges are forfeited.
5. Botswana
In Botswana, serious and violent juvenile offenders are usually committed to a boys’ prison. There,social workers compile a social assessment and make an individual treatment plan, and the prison
committee decides on appropriate treatment. Based on this decision, social workers provide counsellingand guidance for inmates. A new programme called the “Character Moulding Programme” was initiatedin 2005. This programme was introduced from Canada and consists of eight modules, including stressmanagement (all inmates including juveniles are required to take this programme); assertiveness training;
anger management; positive parenting (a child under two years is housed with his or her mother until theweaning stage); respective relations; and project management (for juveniles who want to start a businessupon release). One social worker, with input from NGOs, conducts programme sessions by using manuals
and textbooks. Each class meets once a week and lasts for three months. Target groups are selected basedon risk assessment, except for the “stress management” programme. Trained vocational staff members inevery vocational area offer vocational programmes, such as carpentry, welding, and horticulture, for boys,
and tailoring for both genders. Juveniles’ progress in programmes is monitored by social workers. Products
manufactured through vocational training courses are sold to community residents. Inmates get incentive
for their labour. Ms. Dithupa called attention to some issues in her country. No aftercare programme exists,
because the public tend to think that punitive sanction is better even for juvenile offenders, as in the casein Antigua and Barbuda. Other problems include a lack of human resources and research on the correlation
between undergoing the programme and the recidivism rate. The Character Moulding Programme isrelatively new and as such its effectiveness has not been evaluated yet.
5. Costa Rica
In Costa Rica, serious and violent juvenile offenders are usually committed to specialized prisons.
Costa Rica provides institutionalized juveniles with sex offender programmes, computer training, a theatre
programme, and a sport programme. These programmes are not mandatory for all inmates, but voluntary
for inmates when the following conditions are met: (i) inmates are assessed as requiring the programme
based on psychological testing, and so forth; and (ii) both inmates and their parents sign a contract and agree
to take the programme. Mr. Burgos mentioned that the small number of specific institutional treatment
programmes for serious and violent juvenile offenders is an issue in his country.
6. Korea
In Korea, serious and violent juvenile offenders are usually committed to juvenile training schools.
However, more emphasis is placed on confinement rather than treatment programmes. The public has few
interests in juvenile offenders although there are many homicide and robbery cases committed by juveniles.
The participant from Korea further emphasized the gangster matters in his country as an underlying factor
of many serious and violent juvenile offences. Several years ago, a TV drama which glamourized gangsters
became popular among young people. Consequently, many youths were attracted to gangs and joined them.

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Gangs have enlarged their territories and recruited more gang members. Therefore, he suggested thatmeasures should be taken to separate gangster juvenile offenders and non-gangster juvenile offenders to
avoid the negative influence of gangs spreading further, and for gang members, treatment programmes
dealing with gang problems are necessary.

IV. TREATMENT PROGRAMMESTAKING INTO CONSIDERATION VICTIMS’ VIEWPOINTS
A. JapanIn juvenile training schools in Japan, there are victim awareness programmes provided for inmates
who have committed offences against other people. This programme which is especially considered to be
crucial for serious and violent offenders is offered mainly at the intermediate and pre-release stages in thetreatment process. At the orientation stage, inmates are usually not yet ready to think about their crime
victims because inmates tend to be more concerned about their families and themselves than their victims,
and crime victim issues involve sensitive topics. Therefore, instructors, especially an instructor individuallyassigned to an inmate, frequently conducts individual interviews and takes time to create a trusting
relationship with the inmate. Also, inmates are often abused and hurt by violence before commission to thejuvenile training school, and they need grief care. With this close and harmonious relationship between theinmate and the instructor, inmates gradually open their hearts and speak their minds to instructors. This is
an important foundation to get inmates to ready for the victim awareness programme.
As for the contents of the victim awareness programme, it includes such methods as writing thematic
essays; group guidance and group discussions on violence; watching videos and reading books on crime
victim issues; individual interviews; and using the role lettering method, by which inmates write letters totheir victims and victims’ families. The letters are not actually mailed to victims/victims’ families. Then,
inmates read letters that they wrote and reply to letters by themselves, in the position of their victims.
Additionally, for inmates who have committed a fatal offence, individual religious education and a monthly
memorial service are provided to mourn the victim. For example, Buddhist followers burn an incense
stick and put it on a Buddhist altar and recite a sutra inside the institution with a priest from outside theinstitution. Moreover, juvenile training schools hold lectures by crime victims or crime victim supporters,
and have individual counselling sessions on life and mind, by counsellors who are specialists in the welfare
or medical field. In order to teach inmates the preciousness of life, animal therapy, such as having a dog as apet, is also provided for inmates. Finally, in order for inmates to make plans to apologize to and compensate
victims, the juvenile’s efforts and their family members’ co-operation are essential. Therefore, juvenile
training schools also approach guardians to increase their abilities in leadership as guardians and put
importance on their visits to and communication with their children in the facility.

B. Antigua and Barbuda
There is no particular institutional programme which takes victims into consideration; however, there aresupport groups more for victims of serious violence, domestic violence, AIDS, and rape. Victims and people
concerned hold meetings and the support groups serve as social resources. The groups are not structured,
not official, and more for the community, and thus they are not considered restorative justice, which can be
defined as leaving out official justice and allowing victims to speak on their own behalf. The victims of rape
are offered sexually transmitted disease screening and HIV testing as well as pregnancy testing. All victims
are offered counselling.
C. Bangladesh
There is no particular institutional programme which takes victims into consideration. However, in theprocess of the criminal justice system, victims can appear in court and voice opinions. Social counsellingis also available for victims, which functions as mental support for victims. In rural areas there is a systemcalled “Shalish” which is applied for juveniles as well as adults. In the non-cognizable offence cases, anelected Chairman of an area or an elderly, learned and wise person holds meetings where victims, offenders,
and the parents all contribute to decision-making. Neighbours of victims and offenders, the representativesof society, also remain present in the meetings. Councillors in the village discuss how to recover the damage
inflicted on victims of minor offences. If the case is not resolved, it is transferred to court. So far, most of
the minor or non-cognizable offence cases have been agreed upon and settled. Sometimes the decision is
written on an agreement document, but this is not compulsory. The underlying principle of this system is186

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that the community and families pay respect to the elderly. That is why the elderly make a fair decision andthe community obeys it.

D. Bhutan
In the Women and Child Protection Unit, and police departments, counselling is provided for inmatesand victims. Victims can receive counselling before and after the sentence of offenders. Inmates canreceive counselling after the sentencing. In Bhutan, compensation for victims is given by offenders and it ismandatory.
E. Botswana
There is no particular institutional programme which takes victims into consideration. However, there isa counselling programme available for rape victims. A non-governmental organization (NGO) provides thecounselling. Additionally, compensation to the victim is made by offenders. If offenders commit crimes suchas theft they must pay money to their victims. For sex offenders, the NGO “War Against Rape” provides
programmes for offenders and victims to solve the problems caused by this crime. This programme is also
applied to juveniles. In sex offence cases, the court orders HIV testing for offenders and victims. HIV testingfor offenders is conducted before the trial. If the offender tests HIV positive, he receives 15 years. If theoffender tests HIV negative, he receives 10 years. If the offender knew that he was HIV positive before
committing rape, he receives 20 years to a life sentence. Furthermore, in order to protect rape victims, theprohibition on abortion is lifted in rape cases.
F. Costa Rica
Few particular institutional programmes which take victims into consideration exist. The court judge has
to listen to the victim before rendering a decision. In cases where mediation is done, hearing the victims’
opinion is compulsory for the judge. However, in sexual/domestic violence cases, and homicide, mediation
is not allowed. There are specific guidelines and social workers, first instance court judges, medical doctors,
prosecutors, and attorneys, trying to help victims. A specialized judge deals with the execution of sentence
taking into consideration the victim’s point of view.
V. PROBLEMS AND CHALLENGES OF CONTINUOUS TREATMENT PROGRAMMESFROM INSTITUTIONAL CARE TO COMMUNITY TREATMENT
A. Japan
Currently, juvenile training schools have a close connection and communication with probation offices
in order to prepare inmates for smooth re-entry into society. Especially in cases of serious and violent
offenders, juvenile training schools need close contact with probation offices in order to find proper places
for offenders to go back to and plan carefully their future lives. Approximately one month after the admissionof a juvenile into the facility, staff members of the Classification and Aftercare Coordination Section prepare
documents on the inmate’s offence, personality, and background, based on the Juvenile Book, taken fromthe juvenile classification home, and the social investigation report, sent from the Family Court. When therelevant probation office receives the document from the juvenile training school, environmental adjustment
begins. In principle, one probation officer and one volunteer probation officer are assigned to each inmate.
Every two or three months, the probation officer sends the environmental adjustment report to the juvenile
training school, based on the report from the volunteer probation officer. The juvenile training school sends
the probation office periodical reports on the progress of the inmate. The inmate exchanges letters withthe volunteer probation officer. Sometimes, the volunteer probation officer or the probation officer visits
the juvenile training school to interview the inmate. In this way, the volunteer probation officer and theprobation officer build strong relationships with the inmate while he or she is still in the juvenile training
school. If there is some concern about environmental adjustment (e.g. no visit to the inmate by his or her
parents or guardians), the juvenile training school first approaches the parents or guardians, and if this does
not produce positive results, contacts the appropriate probation office to seek assistance.
Before inmates’ release from the facility, juvenile training schools explain to them conditions to beobserved during parole. Inmates also have an opportunity to make an observation visit to a probation
office near the facility at the pre-release stage. Juvenile training schools also explain the parole system tojuveniles’ parents or guardians on occasions like guardians’ meetings or visits. After release, the juvenile
goes to the probation office and meets the volunteer probation officer once a month and reports his or her

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life conditions. Approximately one month after release, the juvenile training school sends the Juvenile Book,
the record of treatment at the institution and the juvenile’s achievement to the relevant probation office.
However, the absence of a computerized information network system between the Correction Bureau,
which has jurisdiction over institutional treatment, and the Rehabilitation Bureau, which has jurisdiction
over community treatment, is a serious issue in Japan. Databases of these bureaus are not electronicallyinter-linked. As such, sharing information between juvenile training schools and probation offices isconducted in writing. Establishing the electronic information network system is an urgent issue to further
bridge the gap between juvenile training schools and probation offices. If such a database is created, it would
create the following benefits:
1. Mitigate the work of inputting information on the juvenile;
2. Make accumulation of research activities on continuous treatment easier;
3. Allow smoother communication between juvenile training schools and probation offices.

B. Antigua and Barbuda
The lack of education of the general population in regard to the criminal justice system is a major
barrier to persons who have returned to their communities. The lack of awareness and ignorance of the
judicial system does not allow for a smooth transition to a home environment. The treatment programmes
must incorporate the community if there is to be productive life after incarceration. Aftercare treatment
programmes, though effective in theory, are useless if the persons to be treated do not make themselves
available for treatment, because they are afraid of what may be said about them and they do not trust theconfidentiality of the system. They would rather do without the care that in some cases may save their lives.
Finger pointing, name calling, teasing, and labelling affect these persons very deeply and lead to reoffending.
Aspects of cultural, ethnic and religious beliefs and philosophies must also be considered because tolerance
levels vary in different cultures. There is a growing concern as well for persons who are mentally challenged
and need to be on medication, but who, in some cases, were not assessed appropriately. In these cases theaffected persons have not been afforded the opportunity to lead normal lives within their limits.
C. Bangladesh
There is little structured community treatment in existence. In Bangladesh, finding jobs suitablefor juvenile offenders, who often have not received adequate education, is a challenge to be dealt with.
Communities do not always treat juvenile offenders cordially. Probation officers and the juvenile’s parents
counsel the juvenile. Upon and after release, probation officers sometimes help the juvenile to find a job.
Police keep the records of the juvenile offender. Certified institutes also keep such records.
D. Bhutan
In Bhutan, the community treatment system has not yet been implemented and whatever is required
to be done depends entirely on the parents once the juvenile is released from the centre. Records are kept
for future reference. Prior to release we inform the parents to report to the institution to complete thenecessary formalities and during release we obtain a letter from the juvenile undertaking to stay away from
crime for our records and to prevent the juvenile from committing further offences.
E. Botswana
There are two programmes that are mainly concerned with continuous treatment programmes frominstitutional care to community treatment. These are extra-mural labour and parole. Before placement ofoffenders in these programmes, a social enquiry report is made reflecting the environment, employment
and accommodation aspects of the offender’s potential placement. For extra-mural labour the offendershould be placed in an employment facility near his or her place of abode to avoid transportation costs as
the employment is not paid but rather takes the form of community service. The offender is only provided
with monthly food rations at government expense and other expenses are taken care of by the family as
they are expected to participate in his or her rehabilitation. But as for parolees, they are only provided
with guidance and counselling as they are expected to find paying jobs to sustain themselves. There areproblems and challenges concerning these programmes. The community continues to deny responsibility
for crime prevention and this leads to expectations that custodial sentencing alone will provide a solution.
Stigmatization/labelling of offenders is also a problem as it is inconducive to their rehabilitation. Limited
resources to implement best supervision practices in community treatment programmes are also a barrier.
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F. Costa Rica
A specialized new law dealing with the execution of sentences for juveniles was enacted. This law isbased on the principle that juveniles must be treated differently from adults and that the best interest of
the juvenile has to be pursued. Judges, prosecutors, and public defenders specializing in sentencing andthe execution of sentences of juvenile offenders were stipulated in the law. There are two types of judges:(i) those for sentencing; and (ii) those for execution of sentence. A multi-disciplinary team, including
psychologists, educators, and social workers, provide treatment for juveniles. Another basic principle isthat prison is used as the last resort. Based on this policy, the sentence rate of juveniles in Costa Rica isfairly low. Eighty-five percent of the cases are disposed of by measures other than commission to prison.
In prison, there is a classification department. Different professionals, such as psychologists and educators,
conduct interviews with inmates. Structured community programmes dealing with juveniles are provided.
Juveniles, their legal advisers and their parents or guardians sign a specialized agreement and the juveniles
engage in community volunteer service, in such places as a fire department, the Red Cross, homes for theelderly, and special education facilities. If juveniles do not do well in community treatment, they can be sent
to jail.
G. Korea
The gangster issue is also a serious issue in the transition from institutional to community care. Since
no distinction is made between non-gangsters and gangsters in correctional institutions, non-gang member
juveniles are easily affected by gangsters, and the possibility of their involvement with gangs after release
increases and this poses a grave risk to community treatment.
VI. GOALS AND NEEDS FOR IMPROVING TREATMENT PROGRAMMESFOR SERIOUS AND VIOLENT JUVENILE OFFENDERS
After reviewing the current situations and issues, the group identified several relatively common
challenges, such as:
•
•
•
•
•

A shortage of clear classification regulations;
A lack of infrastructure (e.g. funds, facilities);
An insufficient number of institutional programmes taking victims’ viewpoints into account;
A lack of systematic follow-up programmes;
Inadequate information sharing between institutional and community treatment authorities.

Based on the findings of these relatively common problems, the group agreed the following
recommendations as possible solutions for the effective treatment of serious and violent juvenile offenders.
1.	Identifying the risk of reoffending and the needs of the targeted juvenile;
2.	Assessing such factors as the degree of danger of mental disorders, maturity, and intellectual leveland juveniles at risk of reoffending;
3.	Categorizing specific levels to connect assessment and treatment;
4.	Utilizing multiple-disciplinary assessors;
5.	Introducing standardized assessment tools, combining both quantitative and qualitative methods,
adaptive to different situations;6.	Establishing proper selection and implementation of assessment methods;
7.	Allocating necessary human and infrastructural resources;
8.	Utilizing the existing resources as best possible;
9.	Constructing the minimum essential number of institutions;189

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10.	Taking into consideration varied cultural contexts;
11.	Creating an integrated package holistically encompassing the needs of the juvenile and the concernsof the victim and having it implemented by a cadre of qualified personnel, maintaining standards ofconsistency and continuity;12.	Considering the restorative justice system for compensating victims for the harm suffered;
13.	Developing programmes integrating institutional and community-based treatment as a package;
14.	Establishing a united organization handling both institutional and community treatment;
15.	Developing electronic data network systems between related agencies for smooth information
sharing;16.	Conducting intervention at the early stage of incarceration to prepare the juvenile for discharge.

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