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 has passed a revision to the penal code to integrate two categories of confinement--“choeki” and “kinko”--into one called “kokin.”

The revision has scrapped the traditional classification into two types of imprisonment, which has been part of the nation’s criminal justice system since the Meiji Era (1868-1912).

The change is aimed at promoting the rehabilitation of criminals by providing for programs better suited to the needs and characteristics of individual prisoners.

Most of the some 40,000 inmates will be released sooner or later. It is vital to enhance the effectiveness of systems both inside and outside prisons to prepare offenders to successfully reintegrate into society after release so that they will not commit a crime again.

Choeki, which means imprisonment with prison labor, constitutes most of the penalties of confinement for deprivation of liberty meted out in this nation.

Kinko, in comparison, means imprisonment without labor. Choeki obliges prisoners to carry out designated work. This inevitably reduces their time for activities useful for rehabilitation, such as reflecting on their life histories or discussions with other inmates.

The prison labor requirement also raises the issue of how to secure compliance with the obligation by elderly or disabled prisoners who have difficulty in working.

The revised penal code stipulates that criminals sentenced to the new kokin (confinement) penalty can be required to do “work” or receive “guidance.” This provides a legal foundation for flexibly combining labor and educational programs for prisoners.

Japan’s choeki penalty, which mandates prison labor, has been criticized internationally. Many developed nations do not impose such a work obligation on prisoners in line with an international treaty that bans forced labor. The revision, however, does not solve this problem.

On the other hand, working in prison helps inmates feel connected to society and learn skills for use outside the prison. Many offenders serving kinko terms opt to work for their own benefit even though they are not required to do so.

In the early days of the COVID-19 pandemic, prisons in Japan started manufacturing medical gowns in response to a shortage of hospital gowns worn by medical professionals as personal protective equipment. The news drew public attention.

The work program for offenders can be used to respond to a labor shortage in specific areas although it should not threaten private sector businesses. It can also provide opportunities for prisoners to acquire useful job skills.

Such efforts could enhance offenders’ motivation and help them become financially independent after release.

Rehabilitation programs for sex and drug offenders based on cognitive behavioral therapies have become established over the past 10 or so years.

Successful efforts to help offenders of other kinds to reflect on their crimes and prevent them from reoffending also require a highly skilled staff. It is important for prisons to seek the support of outside experts.

Sufficient funding is also needed to give all prisoners access to programs they wish to participate in.

In 2020, 58 percent of all prisoners in Japan were repeat offenders although the ratio has since declined somewhat. In many cases, they return to prison by committing minor crimes as they fail to reintegrate into society. Such cases should be called a kind of “social imprisonment.” 

Our society, for its part, should be more willing to accept released offenders to prevent them from becoming isolated. We should change our mindset and attitude concerning the rehabilitation of inmates while promoting facilities to help them reintegrate into the community.

--The Asahi Shimbun, June 14

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