BICOL COLLEGE

COLLEGE OF CRIMINAL JUSTICE EDUCATION

DARAGA, ALBAY

NON-INSTITUTIONAL
CORRECTIONS

Submitted to:
Mrs. Jinkie Deocareza

Submitted by:

CHARLIE D. ADVINCULA JR.

Student

CA2NONI-D
 PROBATION LAW OF THAILAND

In Thailand, the probation service has its origin in 1952. It was

unofficially started with juvenile supervision operating by juvenile detention
centers. In 1956, the Penal Code was enacted and was also the first statutory
foundation of the probation services in Thailand because the Section 56 – 58
of the Penal Code made it possible for judges to impose a suspended
sentence with a probation condition. However, due to the lack of a responsible
authority, during that initial period the courts hardly put this into practice. Not
until 1979 the first probation office for adult offenders came into being, when
the Probation Procedure Act 1979 was enacted. It was inaugurated on August
7th, 1979, directly accountable to the Criminal Court, under the Office of
Judicial Affairs. The office was responsible for the pre-sentence investigation
and supervision of adult offenders for the court in the Bangkok area. In 1983,
it began to open regional probation offices to expand its work. In line with this
expansion, a volunteer probation initiative was introduced. The first Volunteer
Probation Officers (VPOs) was accordingly appointed in 1985. Undoubtedly,
VPOs has since become our valuable local resource.
On March 15th, 1992 marked another remarkable reform in the Thai
probation service when the Central Probation Office was officially supplanted
by the new “Department of Probation” (DOP) under the responsibility of the
Ministry of Justice. The DOP has continued to see many changes afterwards.
One is that although for most of its history the probation service served simply
adult probationers, it began to supervise other groups of clients within the
community. The restructuring followed the recommendations of the cabinet
resolution on July 10th, 2001 that the DOP should be the main agency in
dealing with community corrections. The role of probation officers has
consequently shifted from providing a service to merely adult offenders to all
types of probationers. That includes the pre-investigation of adult offenders;
post-sentence investigation of parolees; the supervision of adult and juvenile
probationers, and parolees; and the provision of after-care service for
probationers, parolees, and ex-offenders.
In 2002, Thailand witnessed further significant change as a result of the
inception of the Narcotic Addict Rehabilitation Act 2002. The Act has
introduced the drug compulsory treatment programs with a new concept in
solving drug problems. That is, drug addicts should be considered as patients
rather than criminals, according to government announcement ‘…In dealing
with aggravating drug crisis, emphasis placed on the prevention, should not
be less than the suppression. Drug addicts shall be treated, while drug
producers or traffickers shall be harshly punished…’ Therefore, the DOP has
become the agency to enforce this act.
In 2003, the Penal Code 1956 was amended and enabled judges to
impose the Community Service Order in lieu of fine, supervised by probation
officers. In 2005, the DOP became a key part of the historic forming of local
Community Justice Networks nationwide under the Ministerial Strategy -
“Justice for All, All for Justice”. Center to the initiative was to encourage the
community to work in partnership with the DOP and other criminal justice
agencies in preventing crime and protecting their own community.

LAW (Legal Basis of Community Corrections)

1. The Penal Code 1956, Section 56 – 58
2. The Probation Procedure Act 1979
3. The Narcotic Addict Rehabilitation Act 2002

e.g.;

Probation under the Penal Code Act

Proceedings of Probation under the Penal Code Act, B.E. 2522 (1979)

BHUMIBOL ADULYADEJ, REX.

Given on the 15 Day of March, B.E. 2522; His Majesty King Bhumibol
Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient to enact the law governing the proceedings of

probation under the Penal Code;

Be it, therefore, enacted by the King, by and with the advice and consent of
the National Legislative Assembly acting as the National Assembly, as follows:
Section 1 -This Act shall be called the "Proceedings of Probation under the
Penal Code Act, B.E. 2522 (1979)"

Section 2 -This Act shall come into force from the date following the date of
its publication in the Royal Gazette.

Section 3 -Any laws, rules and other regulations, which are already provided
in this Act or in conflict or inconsistent with this Act, shall be replaced by this
Act.

Section 4 -In this Act:"Probation officer" means a person appointed to

exercise power and duty under this Act.
"Court" means any court of justice being competent to exercise criminal
jurisdiction, excluding the Juvenile Court. "Minister" means the Minister being
in charge of this Act.

Section 5 -The Minister or a person assigned by the Minister shall appoint

and remove the probation officer in accordance with this Act.

Section 6 -The probation officer shall have the power and duty in accordance
with this Act and other laws, and shall especially have the power and duty as
follows:

(1) by the order of the Court, to investigate matters of a nd take into

consideration for the age, past record, behavior, intelligence, education and
training, health, condition of the mind, habit, occupation, environment of the
accused and nature of the offense, including other extenuating circumstances,
in order to report to the Court;
(2) to dispatch the accused to medical examiner for the examination of
physical and mental health;
(3) to make a report and comment whether the accused has an ability to
improve or rehabilitate, including a comment upon the accused need
regarding the measures for controlling behavior;
(4) to supervise, to inquire, to give advice, to assist and to admonish a
probationer on his behavior and occupation;
(5) to supervise the probationer to comply with conditions specified by the
Court;
(6) to make a report and comment upon the probationer's behavior,
occupation and circumstance in order to submit to the Court;
(7) to perform other duties relating to the probation, as the Court deems
appropriate.

Section 7 -To perform duties under the Act, the probation officer shall also be
empowered as follows:

1. to enter into the place where the probationer resides or works or

involves between sunrise and sunset, and to inquire any person who
stays in such place concerning matters specified in Section 6. The
entry into the aforesaid place of the probation officer between sunset
and sunrise shall be made in case of extreme necessity and only by
the Court order;
2. to summon a person, capably to provide facts concerning matters
specified in Section 6, to appear, and swear or make an affirmation,
and then give a statement;
3. to order the owner or the possessor to submit materials or documents
that shall be used as the evidence concerning the matters specified in
Section 6.

Section 8 -To perform duties under Section 6 (1) or Section 6 (2), the
probation officer may request the Court to hand over the accused to the
probation officer.

Section 9 -To perform duties under this Act, the probation officer shall
present his identity card to any person concerned.

The identity card shall be issued in accordance with the form prescribed by
Ministerial Regulation. Section 10 To perform duties under this Act, the
probation officer shall be an official under the Penal Code.
Section 11 -Where the case does not appear that the accused has received
the punishment of imprisonment previously, or it appears that the accused
has received the punishment of imprisonment previously but it is the
punishment for an offense committed by negligence or a petty offense, the
Court is empowered to order the probation officer at anytime before the
judgment is passed to investigate matters of and take into consideration for
the age, past record, behavior, intelligence, education and training, health,
condition of the mind, habit, occupation and environment of the accused,
including the nature of the offense and other extenuation circumstances,
accompanied by comment under Section 6 (3), and then report to the Court
for consideration.

When the Court receive s the report and comment under the first paragraph, if
the Court deems it appropriate, the Court is empowered to summon the
probation officer or the accused to be inquired, or order the probation officer
to investigate additional information and take into consideration for additional
facts.

Section 12 -When the Court orders the probation officer to investigate and to
take into consideration facts under Section 11, the probation officer shall
investigate and take into consideration without delay, and shall make a report
and propose a comment to the Court within fifteen days from the day that the
Court orders. However, if a report and comment cannot be made completely
within such period, the Court may extend the period of time as it is necessary,
but it shall not exceed thirty days.

Section 13 -The Court is empowered to admit the probation officer's report

and comment under Section 11 regardless of the corroboration of witness.
However, if the Court uses the report to the detriment of the accused, the
Court shall notify such detrimental statement to the accused. When the
accused raises an objection, the probation officer is entitled to adduce
evidence in corroboration of the report and comment, and then the defendant
is entitled to adduce evidence for rebuttal.
Section 14 -In case where the Court passes a judgment finding that the
accused is guilty but the determination of the punishment is to be suspended,
or the punishment is determined but the infliction of the punishment is to be
suspended, and the Court specifies conditions for controlling the accused
behavior under the Penal Code, the Court shall notify the probation officer to
proceed with the probation as specified by the Court.

Section 15 -If the probationer fails to comply with conditions for the probation
as determined by the Court, or the probationer's circumstance concerning the
probation is changed, the probation officer shall make a report and submit it to
the court without delay. However, if such report is detrimental to the
probationer, the Court shall summon the probationer and notify the same of
the detrimental statement. In such case, the probationer is entitled to object
and adduce evidence for rebuttal, and Section 13 shall be applied mutatis
mutandis.

If the probationer refuses to comply with a summon or an undertaking to

appear, or intends to avoid the summon, or has absconded, or is reasonably
suspected of intending to abscond, the Court shall be empowered to issues
the warrant of arrest against the probationer in order to proceed for further
step.

Section 16 -In case where the request or the statement under Section 56
paragraph three or Section 57 of the Penal Code are made, the Court is
empowered to summon the probation officer to be inquired or given statement
in corroboration of such request or statement.

Section 17 -In case where the Court had determined that the probationer's
circumstance concerning probation had been changed, or the probationer had
failed to comply with the condition for the probation specified by the Court,
and the Court issued the order to modify the judgment or the order concerning
the punishment, the Court shall notify the probationer officer.

If the modification of judgment or order causes more detriments to the

probationer, the probationer is entitled to appeal such modification order.
Judgment or order of the Appeal Court shall be final.

Section 18 -Unless specifically provided in this Act, any procedure under the
provisions of the Criminal Procedure Code shall be applied as far as possible.

Section 19 -Whoever, being the owner or the possessor of the place where
the accused or the probationer resides or works or involves, refuses to permit
the probation officer to enter into such place, or refuses t o reply the probation
officer's inquiry under Section 7 (1) shall be punished with fine not exceeding
five hundred Baht.

Section 20 -Whoever refuses t o comply with the order of the probation officer
by not represent himself to the probation officer, or not swear under oath or
make affirmation, or not give statement under Section 7 (2), or not submit the
materials or documents under Section 7 (3) shall be punished with fine not
exceeding one thousand Baht.

Section 21 -Whoever, being an official having duty under this Act, and knows
or acquires a private secret of another person by reason of performing his
duty, discloses such private secret beyond his authority in a manner likely to
cause injury to such another person shall be punished with imprisonment not
exceeding six months or fine not exceeding one thousand Baht, or both.

Section 22 -The Minister of Justice shall be in charge of this Act and shall be
empowered to issue Ministerial Regulations for the implementation of this Act.
The Ministerial Regulations shall come into force after their publication in the
Royal Gazette.

Countersigned by

Mr. S. Hotrakitya
Deputy Prime Minister

Remark

The reason for the promulgation of this Act is as follows: Whereas the Section
56 of the Penal Code has provided covering the proceedings of probation of
the offender. The Court is empowered to release the offender so as to give
such person an opportunity to reform himself by the decision that such person
is guilty, but the determination of the punishment is to be suspended, or the
punishment is determined, but such punishment is to be suspended, and
determine conditions to control behavior of such person. It is appropriate to
set regulation to provide authority, as well as the proceedings of probation, for
probation officers so as to make the Penal Code comprehensive in
enforcement. It is, therefore, necessity to enact this Act. Published in the
Royal Gazette, volume 96, Section 36, page 1, dated 19th March, B.E. 2522
(1979).

PROCESS OF APPLICATION FOR PROBATION

When an alleged offender or defendant has been arrested and held in

custody, he or she has the right to apply for probation. However, probation is
rarely granted. If the person is in the custody of the investigating officer, the
application for probation shall be submitted to the investigating officer. If the
person is in the custody of the court, then the application shall be submitted to
the court.
The alleged offender or defendant, or an interested party, must apply
for probation by pledging probation collateral. Once the application has been
submitted, a response is usually provided on the same day. The most
common types of collateral that may be used are cash; bank passbook
containing a fixed deposit equivalent to the amount of bail required; and/or
land title deeds.
In the case of foreigners, the person’s original passport or a certified
copy must be submitted with the bail application, and the passport is typically
kept as a guarantee. If probation is granted, the court will send a letter to the
Immigration Bureau to inform them that the person has been granted
probation but is required to remain in the country, unless permission is
otherwise given by the court. While on probation, an alleged offender or
defendant can reside and travel anywhere in Thailand. The person is required
to appear in court on the day of an appointment set by the court.If the Court of
First Instance denies probation, the applicant may appeal against the
probation denial to the Appeals Court. The decision of the Appeals Court is
final; however, the applicant is allowed to submit a new application for
probation.

COMPARISON OF PROBATION LAW (THAILAND VS. PHILIPPINES)

The term similarity with uniqueness can be used to describe the
correctional system in ASEAN. Political system and historical background play
an important role in shaping the system.
Regarding the Legal Basis of Probation in Thailand, if the court passes
judgment that the offender is guilty, he/she may be put on probation. There
are two types of court decision for probation, but the contents of probationary
supervision are the same. The basic requirements of probation provided in the
Thai Penal Code are as the follows: “Whenever any person commits an
offence punishable with imprisonment and in such case the Court shall punish
with imprisonment not exceeding two years, if it does not appear that such
person has received the punishment of imprisonment previously, or it is the
punishment for an offence committed by negligence or a petty offence, the
Court may, when taking into consideration the age, past criminal record,
behaviour, intelligence, education and training, health, condition of the mind,
habit, occupation and environment of such person or the nature of the offence,
or other extenuating circumstances and, pass judgment, if it thinks fit, that
such person is guilty, but the determination of the punishment is to be
suspended, or the punishment is determined, but the punishment is to be
suspended, and then release such person with or without conditions for
controlling his behaviour, so as to give such person an opportunity to reform
himself within a period of time to be determined by the Court, but it shall not
exceed five years as from the day on which the Court passes judgment.”(the
Penal Code section 56) Meanwhile in the Philippines, based on the Section 3
(a) of Presidential Decree 968, defines defines probation as a disposition
under which an accused, after conviction and sentence is released subject to
conditions imposed by the court and to the supervision of a probation officer.
It is a privilege granted by the court; it cannot be availed of as a matter of right
by a person convicted of a crime.To enjoy the benefits of probation, it must be
shown that an applicant has none of the disqualifications imposed by law. The
grant of probation is accompanied by conditions imposed by the court.There
are two types of conditions that must be adhere to.
When looking at the operational aspect, all countries adhere to the
fundamental ideology of prisons, which include prison buildings, staff,
prisoners and regime. The extent of practice, however, creates the
uniqueness of each country. While some focus heavily on prison control and
order, many actively encourage prisoner rehabilitation.

TREATMENT FOR THOSE WHO GRANT PROBATION

1. Probation of Adult Offenders
The current adult probation system in Thailand consists of:
A. Social Investigation
The social investigation in Thailand, in accordance with the Penal Code
1979 (B.E. 2522) Section 56, is conducted by probation officers in a pre-trial
phase. Probation officers then have to prepare a presentence report required
by court before a sentence is imposed. The overall aim of social investigation
is to gather facts related to the offender and offence, and to make
recommendations for courts on appropriate sentences.
A report contains the offenderʼs social background, circumstances of
the offence, the risk the offender is likely to pose to the public and advice on
suitable probation measures for individual offenders. The likelihood of
individual reform is also taken into account. Another essential part of the
social investigation is the Risk/Need Assessment to be included in the pre-
sentence report.
During the social investigation, as a result of a needs assessment,
probation officers may address the offenderʼs needs and provide assistance
where appropriate, such as helping them with bail matters, meal allowance,
transportation assistance, etc. More importantly, at this stage probation
officers may also work with victims of crime to give them voices, and provide
them with support based firmly on restorative justice principles.
B. Supervision
 The supervision of adult offenders is an offender rehabilitation process,
in which probation officers apply many different techniques, including:
i. The supervision of adult probationers with the use of counseling
techniques as a rehabilitative tool;
ii. The use of community-based rehabilitation programs that are
appropriate to individual offenders; and
iii. The provision of assistance.
Supervision is a procedure to oversee, treat, support, and give
counseling to probationers within the community. Probationers will be given a
helping hand to amend their habits, to reintegrate into the community as a
law-abiding citizen, and to discourage them from re-off ending or continuing
their criminal lifestyle.
When courts impose a suspended sentence or a suspension of
sentence with probation conditions, probation officers will make an
arrangement with the offender to fulfill the court order. The arrangement is
based largely on the outcome of risk and needs assessment of each offender.
The conditions could be modified or reduced or the probation may be
terminated early before the specified date. Probation officers will comments
on this when reporting the progress of probation outcomes. Additionally, the
probation and supervision plan will be reassessed every 3-6 months. The
supervision also gives offenders the chance to compensate for the harm done
by the crime they commit, and to be encouraged to stop re-offending.

2. Probation of Youth Offenders

The responsibility of the probation of juvenile delinquents in Thailand
lies with two agencies: the Department of Juvenile Observation and
Protection and the Department of Probation. The Department of Juvenile
Observation and Protection deals with the social investigation of young
offenders and oversees those in the delinquent detention centers. The
Department of Probation 159 supervises young offenders imposed probation
orders by the court and those juveniles released from detention centers
nationwide for a specific period of time. Since 2004, the Department of
Probation has begun the Juvenile Rehabilitation Program which incorporated
a number of related projects aimed at strengthening the cooperation with the
community networks and the networks of civil society organizations,
empowering the family and the community, and capacity building for the
probation officers in their works for the children. In order to provide a venue
for counseling and for creative activities by the youth within the community, a
number of community centers for juvenile have been established to serve as
a forum for coordinating assistance and support, as well as for the
introduction of useful youth programs and activities in the community.

3. Probation of Parolees
After serving at least one of three of their sentence or at least ten
years for life prisoners, most prisoners are eligible for parole. Before a
decision is made, probation officers will propose a post-sentence
investigation report to the Parole Board. A report consists of relevant
information about the inmate and his/her behavior during the imprisonment,
as well as details of supporters. Probation officers may also include in the
report the views of the victim, the offenderʼs neighbor, and the community
leaders. The purpose and practice of the supervision of parolees is similar to
that of the supervision of adult probationers. Their differences lie, however, in
the ways in which they are approached and their program requirements. This
is due partly to the fact that the offenders have been in custodial institutes for
some time, and adapting into the community and even their own family can
be more challenging.

4. Aftercare Services
Another specialized category of services is available for ex-
probationers who have completed the probation term within one year. These
offenders are considered the socially disadvantaged who have lost their
potential to abide the rule of law. Aftercare services aim to improve
reformative potential and self-sustainability.
For aftercare services, the Department of Probation has applied the
use of the ‘halfway houseʼ to help off enders in need of accommodation.
Halfway houses are there to help them adjust and prepare to reintegrate into
their family and community. As temporary accommodation, there are a variety
of routine activities and programs in the halfway houses for residents to take
advantage of, including occupational training, spiritual counseling, and
various skill development programs. In running the temporary residences, the
Department of Probation attempts to integrate various sciences, local and
traditional know-howʼs, cultures, and religions to frame their programs. Thus
the halfway house can be considered a joint venture among the probation
departments, religious institutes, and the community at large. At present,
there are several halfway houses operated by the Department which are
located in provinces such as Nakhon Sawan, Amnat Charoen, Maha
Sarakham, Kamphaeng Phet, and Phatthalung. These provide services for
not only the offenders under the probation order, but also the drug addicts
under the diversion initiative. Therefore, other than the aforementioned
programs, additional activities include drug rehabilitation programs and
supervised community service. While new initiatives are considerably more
diverse and target group-specific populations, implementing such treatment
programs effectively at large scale require enormous resources far beyond
the normal capacity of any government agency. Therefore, recruitment of
volunteers and active participation by the community itself are of great
importance as they provide sustainable resource for implementing the
community-based correctional programs. It is also important to empower
each community to develop its own mechanism of crime prevention by means
of knowledge sharing. Some of the ongoing initiatives aimed at community
empowerment in Thailand include a program that utilizes volunteer probation
officers, a community justice network aimed to strengthen public participation
in the criminal justice system, and the media-guided campaign against drunk
driving.

SPECIFIC MEASURES AND PROGRAMS OFFERED

1. Specific Rehabilitation Programs
Concerning treatment programs, the Department of Probation has
initiated a wide range of rehabilitative interventions and activities. The
strength of our rehabilitation is the way in which probation rehabilitative
practices are integrated with local resources and boundlessly work in
partnership with other government and non-government agencies. Various
constructive programs have been implemented. Explicit examples include
‘Buddhist Ordination’, ‘Dharma activities’ (religious training), ‘Ethical Campsʼ,
‘Anti Drink-Driving Campaignʼ, etc.
-Basic Educational Support: Drug addicts who undergo the
rehabilitation program are also given the opportunity to receive basic
education. The program, run by the Department of Probation in
collaboration with the Ministry of Education, offers a special curricula
equivalent to that of the regular elementary or primary schools to each
participant depending on his/her need. It is hoped that by fulfilling the
educational gap for these drug related offenders, they will be more
prepared for future employment or motivated to pursue higher
education of their choice upon the completion of the program.
-Enhancement of Family Support: This initiative involves
educating family members of the drug addicts on how to support the
rehabilitation effort and provides counseling service for family members
as well as the participants to the rehabilitation program. The rationale
for this initiative is that rehabilitation will have a greater chance of
success if it involves all stakeholders, since the family members of
each drug addict can play signifi cant roles in their recovery. In order to
ensure the smooth and happy reintegration of the off enders back into
the 162 society, the support and understanding on the part of his or her
family is deemed indispensable. It has been found the participants
whose family members also took part in the initiative of rehabilitation
had a higher rate of success.
-Buddhist Teaching for Drug Addicts: With the aim of
applying relevant Buddhist principle and guidelines to help the drug
addict in developing their mental strength to carry out the rehabilitation,
this initiative has gained support from three Buddhist temples willing to
provide a pilot program under the initiative.
2. Community Service
The Department of Probation also offers the community service
program for probationers. Community service can be used as a condition
which the court orders for the probationers or the Sub-committee of Drug
Addict Rehabilitation orders as a supplement to the drug treatment program.
Additionally, the offenders who could not pay fine can conduct community
service in lieu of fine. However, community service must be conducted with
the offenders’ consent and without remuneration.

3. Offender Reintegration through the Philosophy of Sufficiency

Economy
The philosophy of the Sufficiency Economy was developed by His
Majesty King Bhumibol Adulyadej to show his people a balanced way of life.
Sufficiency in this context means living in moderation and being self-reliant.
This concept can be applied to all levels and sectors of the society and is not
necessarily limited to the agricultural or rural area. Therefore, the Philosophy
of Sufficiency Economy has also been adapted to offender rehabilitation and
reintegration. As a part of the Inspire (Kamlangjai) project, in 2010 Her Royal
Highness Princess Bajrakitiyabha introduced the Philosophy of Sufficiency
Economy to the prisoners with the hope that they will be equipped with
knowledge and understanding of sufficient economy and skills for sufficient
living. Prisoners are expected to be capable of farming and selfsufficient living
skills, such as bio-gas and bio-diesel production, herbal insecticide making,
and brick house building; and to utilize those skills to earn a living that they
choose to upon released. In order to facilitate a smooth transition from
imprisonment to probation, the Department of Probation agrees to support the
released prisoners in this project. In 2011, the pilot project was launched and
52 probation officers were trained to understand the Sufficiency Economy
Philosophy so that they would be able to extend this knowledge in assisting
the prisoners after release. The probation officers also made several visits to
the probationers’ houses to see their living situation. By teaching the
offenders how to live in moderation and to be self-reliant, the DOP hopes that
this could help the offenders start their law-abiding life, which will prevent re-
offending.

4. Maintaining the quality of public participation in probation work

Success by the Department of Probation in promoting public
participation in the criminal justice process of Thailand has inspired decision-
makers at the top policy levels to apply this model of volunteering and
community networking to other key criminal justice issues. A good example of
this is the development of the community-based system of responses
focusing on the alternative dispute resolution and access to legal assistance.
So far, the volunteer probation officers initiative as well as the prototype
networking initiatives by the Department of Probation have led to great
success in mobilizing public support for and understanding of the work on
offender treatment. This ultimately results in a more effective implementation
of treatment programs and after-release assistance programs within the
community. Still, for the public participation and partnership models developed
in such manner to be effectively applied to address other criminal justice
issues, substantial funding and support will be necessary. Otherwise, it might
lead to the undesirable consequence where the current efforts in the
community-based treatment of offenders will be diluted as a result of
insufficient resources.

5. Political challenges and consistency of penal policy

New initiatives and treatment programs related to offenders take time
to be accepted as worthwhile not only for the policy-makers and the general
public, but for employees within the criminal justice system itself. Practitioners
such as prison officers, law enforcement employees, probation officers, and
court members must have a certain level of belief and buy-in for the programs
to be implemented successfully. Programs such as diversion, restorative
justice, and community treatment must first be shown to be effective in their
objectives (of reducing incarceration rates, recidivism, etc.) before buy-in can
be achieved. Having time for the process to play out is difficult when there is a
lack of consistency regarding penal policy in the country. Because many of
these initiatives are relatively new to criminal justice in Thailand, there has not
yet been a consistent approach to reducing prison overcrowding through such
initiatives. Changing agendas of political leaders, as well as changing of the
leaders themselves, has contributed to this problem. A consistent and
committed approach by the policy-makers would allow the programs to reach
their full potential, thus providing tangible statistics to allow for evidence-
based decisions regarding penal policy.
REHABILITATION FOR GRANTEES OF PROBATION
If s/he is assessed as being addicted, the prosecutor will suspend the
prosecution and the person will be mandated to undergo one of the two
compulsory systems: the “custodial” or “non-custodial” rehabilitation program.

a. Custodial Rehabilitation
For custodial rehabilitation participants, there are two types of
arrangements: intensive and non-intensive treatment. Intensive Custodial
Rehabilitation Program comprises three stages; rehabilitation process, re-
entry process, and follow-up process. The Lat Lum Kaeo Community
Treatment Center and the Royal Air Force are responsible for rehabilitation
process through the Therapeutic Community (TC) and the Jirasa Program.
After 4 months, participants then move on to re-entry process. Activities in this
stage include community service, vocational training, and screening for drug
abuse in urine sample arranged by Department of probation. This stage lasts
for two months. Then, participants move on to follow-up process. Follow up
process is under responsible of Ministry of Public Health, community
representatives, and volunteer probation officers. This process lasts for 1 year.
Participants who are deemed successful are then exempt from the criminal
prosecution.
Non-intensive Custodial Rehabilitation Program differs from the
intensive programme in terms of responsible agencies. Rehabilitation process
of non-intensive program is operated by the Royal Thai Army, The Royal Thai
Navy and the Department of Medical Services. This stage lasts for 4 months.
The re-entry process and follow-up process is as same as those imposed for
Intensive Program.

b. Non-Custodial Rehabilitation
In cases where no custody is required during the period of intensive
treatment, participants who are diagnosed as addicts may be admitted as
patients to hospitals or other rehabilitation centers for four to six months,
where they can receive the appropriate treatment. In cases where participants
are deemed not to addicts, but merely drug users, they will receive a
treatment provided by the Department of Probation for six months. The
remaining two-month probation period and the one-year monitoring period,
are implemented in the same way as the rehabilitation under the custody
scheme.
While drug treatment programs for drug offenders attempt to divert
individuals away from incarceration by taking into consideration their crime in
the context of addiction, another form of diversion - restorative justice - aims
to divert individuals away from incarceration by taking into consideration the
context of justice for the victim.

REFERENCES:
Allen, R.. Penal Reform International. On probation: models of good practice
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