Photo/Illutration Prison inmates sew medical gowns for use in hospitals and other facilities treating COVID-19 patients. (Provided by the Justice Ministry)

The Diet is set to amend Criminal Law provisions for the first time in over a century to emphasize rehabilitation programs rather than outright punishment to enable offenders to better reintegrate into society upon their release from prison.

The Upper House Judicial Affairs Committee on June 10 passed legislation to implement the first change in penal provisions since the Criminal Law was established in 1907.

The Upper House plenary session is expected to take up the matter on June 13.

Changes to penal provisions to cut down on the high recidivism rate will allow for the greater possibility of guidance and education for inmates in place of the work requirement now enshrined in law.

The changes will be enacted within three years.

Current legal provisions on prison sentences starkly differentiate between inmates required to work and those who do not.

Of the prison sentences finalized in 2020, the no-labor prison sentence applied to only 0.32 percent of new inmates. But even those inmates often volunteered to work, presumably out of boredom, rendering the distinction in the two types of prison sentences essentially meaningless.

The proposed new legislation states that offenders will be allowed to work if necessary, but should also be allowed to undergo counseling to help with their rehabilitation into society on the completion of their sentences.

The work provision would not be required of all inmates, leaving open the possibility for more guidance and education programs, depending on the gravity of the crime committed.

For example, those convicted of drug offenses would be allowed to spend more time in guidance programs matching their needs to reduce the high recidivism among such inmates.

While the crime rate has fallen in recent years, the recidivism rate remains above 50 percent.

Education programs would also be implemented to ensure that those leaving prison are equipped with basic skills to make something of their lives rather than ending up behind bars again.