Act for the Prevention of Recidivism
Table of Contents
Chapter I General Provisions (Articles 1 through 10)
Chapter II Basic Initiatives
Section 1 Initiatives by the National Government (Articles 11 through 23)
Section 2 Initiatives by Local Governments (Article 24)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1  In view of the fact of the importance in crime control to prevent recidivism by facilitating the smooth reintegration of a person who has committed offenses back into society while gaining the understanding and cooperation of the public, this Act aims to comprehensively and systematically advance initiatives to prevent recidivism by laying down fundamental principles and clarifying the responsibilities of the national government and local governments with regard to initiatives to prevent recidivism and by providing for the particulars upon which initiatives to prevent recidivism are based, and as a result, preventing the public from becoming victims of crime and contributing to bringing about a society in which they can live safely and with peace of mind.
(Definitions)
Article 2  (1) The term "person who has committed an offense" as used in this Act means a person who has committed a crime, a juvenile delinquent (meaning a juvenile who engages in delinquent acts; the same applies below), or a person who used to be a juvenile delinquent.
(2) The term "preventing recidivism" as used in this Act means preventing a person who has committed offenses from committing offenses again(this includes working to eliminate delinquent acts by a juvenile delinquent and preventing a person who used to be a juvenile delinquent from becoming a juvenile delinquent again).
(Fundamental Principles)
Article 3  (1) In view of the fact that many of those who have committed offenses face difficulties in making a smooth reintegration into society due to their circumstances, such as being unable to find stable employment and secure housing, initiatives to prevent recidivism are to be implemented in accordance with the principle of enabling them to smoothly reintegrate into society by supporting them in becoming constituent members of society along with the understanding and cooperation of the public, so that they are not isolated from society.
(2) With a view to ensuring that a person who has committed offenses receives the necessary guidance and support, not only while they are committed to correctional institutions (meaning prisons, juvenile prisons, detention houses, juvenile training schools, and juvenile classification homes; the same applies below), but also without interruption after they reintegrate into society, initiatives to prevent recidivism are to be implemented systematically through close mutual coordination among the relevant administrative organs, while seeking seamless coordination with initiatives for appropriate commitment and treatment in correctional institutions and with initiatives for smooth reintegration into society, beginning with support in securing employment and housing.
(3) Initiatives to prevent recidivism are to be implemented based on the recognition that an important part of preventing recidivism is for a person who has committed offenses to consciously take responsibility, etc. for their offenses, to understand the feelings of their victims, etc., and to make their own efforts to reintegrate into society.
(4) Initiatives to prevent recidivism are to be implemented effectively in light of such factors as the actual state of offenses and delinquent acts and the results of research and study into things such as the effectiveness of the various initiatives to prevent recidivism.
(Responsibilities of the National and Local Governments)
Article 4  (1) The national government is responsible for comprehensively formulating and implementing initiatives to prevent recidivism in accordance with the fundamental principles referred to in the preceding Article (referred to as the "fundamental principles" in the following paragraph).
(2) Local governments are responsible for formulating and implementing initiatives based on the situation in the areas under their jurisdictions with regard to preventing recidivism, in keeping with an appropriate sharing of roles with the national government and in accordance with the fundamental principles.
(Coordination; Provision of Information)
Article 5  (1) The national and local governments must coordinate with each other to ensure the smooth implementation of initiatives to prevent recidivism.
(2) When implementing initiatives to prevent recidivism, the national and local governments must endeavor to secure close coordination and cooperation with private sector organizations, and relevant others, that are engaged in activities to prevent recidivism.
(3) When implementing initiatives to prevent recidivism, the national and local governments are to appropriately provide the necessary information to private sector organizations, and relevant others, that are engaged in activities to prevent recidivism.
(4) Private sector organizations, and relevant others, engaged in activities to prevent recidivism must appropriately handle the personal information of a person who has committed offenses, including the personal information they provided pursuant to the provisions of the preceding paragraph.
(Recidivism Prevention Awareness Month)
Article 6  (1) Establish Recidivism Prevention Awareness Month to deepen public interest and understanding of recidivism prevention.
(2) Recidivism Prevention Awareness Month is July.
(3) The national and local governments must endeavor to ensure that projects suitable for Recidivism Prevention Awareness Month are implemented during that month.
(Recidivism Prevention Plan)
Article 7  (1) To achieve comprehensive and systematic advancement of initiatives to prevent recidivism, the government must establish a plan for advancing initiatives to prevent recidivism (referred to as the "Recidivism Prevention Plan" below).
(2) The Recidivism Prevention Plan is to provide the following:
(i) basic information concerning the advancement of initiatives to prevent recidivism;
(ii) information concerning the enhancement of education and vocational training aimed at preventing recidivism;
(iii) information concerning social support for a person who has committed offenses in securing employment and housing and in making use of health, medical, and welfare services;
(iv) information concerning commitment to and treatment in correctional institutions, the system for probation, and the establishment of systems at other relevant organizations; and
(v) other material information concerning the advancement of initiatives to prevent recidivism.
(3) The Minister of Justice must prepare a draft of the Recidivism Prevention Plan and seek a cabinet decision to formalize it.
(4) Before preparing the draft of the Recidivism Prevention Plan, the Minister of Justice must consult with the heads of the relevant administrative organs.
(5) Once a cabinet decision under the provisions of paragraph (3) has been reached, the Minister of Justice must publicize the Recidivism Prevention Plan without delay.
(6) The government must review the Recidivism Prevention Plan at least every five years and revise it when it finds this to be necessary.
(7) The provisions of paragraphs (3) through (5) apply mutatis mutandis to the revision of the Recidivism Prevention Plan.
(Local Recidivism Prevention Plans)
Article 8  (1) Prefectures and municipalities must endeavor to establish plans for advancing initiatives to prevent recidivism in the areas under their jurisdictions (referred to as "Local Recidivism Prevention Plan" in the following paragraph) in consideration of the Recidivism Prevention Plan.
(2) Upon establishing or revising its Local Recidivism Prevention Plan, a prefecture or municipality must endeavor to publicize that plan without delay.
(Legislative Measures)
Article 9  To achieve the goals of this Act, the government must take necessary legislative, fiscal, tax, and other measures.
(Annual Reports)
Article 10  Every year, the government must submit to the Diet a report on government-implemented initiatives to prevent recidivism.
Chapter II Basic Initiatives
Section 1 Initiatives by the National Government
(Guidance and Support Based on Individual Attributes)
Article 11  (1) The national government is to provide guidance and support for a person who has committed offenses within correctional institutions and within society, while taking into consideration the details of the person's offense or delinquent act; their criminal or delinquent history and other background; character; age; mental and physical condition; family environment; associates; financial circumstances; and other individual attributes, in keeping with the content of that guidance and support.
(2) The national government must take care to ensure that the guidance given to a person who has committed offenses will consciously take responsibility, etc. for their offenses and understand the feelings of their victims, etc., and that the guidance will contribute to their smooth reintegration into society.
(Employment Support)
Article 12  In order to provide employment support for a person who has committed offenses so that they can live self-reliant lives, the national government is to implement the necessary initiatives, such as providing them with work at correctional institutions to increase their motivation to work and enable them to acquire useful knowledge and skills for an occupation; providing them with effective vocational training within correctional institutions and within society, including training for acquiring occupational licenses or qualifications; and providing them with job placement services as well as counseling and advice on finding, engaging in, and maintaining employment.
(Support for Juvenile Delinquents)
Article 13  In view of attributes particular to juveniles such as how greatly malleable they are, the national government is to implement the necessary initiatives to assist a juvenile delinquent and a person who used to be a juvenile delinquent in reforming as soon as possible, becoming self-reliant as good members of society, and improving and rehabilitating themselves, such as providing guidance and support through juvenile training schools, juvenile classification homes, probation offices, etc. and other relevant organizations in coordination with schools, families, local communities, private sector organizations, etc. and providing the educational support necessary to enable them to receive an education commensurate with their individual abilities.
(Ensuring Employment Opportunities)
Article 14  In entering into a contract where the national government is a party that will require that it pay compensation for the completion of a construction project, work on a construction project, or other provision of services by a person other than itself, or for the delivery of goods by a person other than itself, the national government is to give consideration to increasing the opportunity for cooperating employers (meaning employers that employ or seek to employ a person who has committed offenses for the purpose of cooperating in their self-reliance and reintegration into society; the same applies in Article 23) to receive orders while keeping in mind the proper use of the budget; and the national government is to implement the necessary initiatives to promote the employment of a person who has committed offenses and otherwise ensure employment opportunities for them and maintain their employment.
(Securing Housing)
Article 15  In order to support the self-reliance of a person who has committed offenses whose improvement and rehabilitation is likely to be hindered by their inability to secure proper housing, meals, and other necessities of a sound life in society, the national government is to implement the necessary initiatives such as providing them with accommodations and meals, while taking into account that it is their responsibility to help themselves; and in order to support a person who has committed offenses in securing housing so that they can live in the local community, the national government is to implement the necessary initiatives such as giving special consideration to a person who has committed offenses in becoming a tenant of public housing (meaning public housing as prescribed in Article 2, item (ii) of the Act on Public Housing (Act No. 193 of 1951)).
(Assisting Offenders Rehabilitation Facilities)
Article 16  With a view to helping a person who has committed offenses secure accommodations and improve and rehabilitate themselves, the national government is to implement the necessary initiatives such as taking financial measures and providing information on the establishment and administration of offender rehabilitation facilities.
(Provision of Health, Medical, and Welfare Services)
Article 17  With a view to ensuring that, among those who have committed offenses, such as the elderly and those with disabilities which make it difficult to live self-reliant lives, and those with drug and substance addictions, will be provided with appropriate health, medical, and welfare services commensurate with their mental and physical conditions, the national government is to implement the necessary initiatives to establish and enhance systems at relevant organizations providing medical care, healthcare, welfare, etc. and is to also implement the necessary initiatives to strengthen coordination among the relevant organizations, correctional institutions, probation offices, and private sector organizations.
(Establishment of Systems at the Relevant Organizations)
Article 18  In order to provide substantial guidance and support for a person who has committed offenses, the national government is to develop systems at the relevant organizations and implement the necessary initiatives to secure, train, and improve the quality of personnel involved in preventing recidivism.
(Development of Facilities Involved in Preventing Recidivism)
Article 19  In light of the fact that facilities involved in preventing recidivism (meaning correctional institutions and other facilities that implement initiatives to prevent recidivism; the same applies in the Article below) constitute important pieces of infrastructure for advancing initiatives to prevent recidivism, the national government is to implement the necessary initiatives to advance the development of facilities involved in preventing recidivism.
(Sharing of Information, Verification, and Advancement of Research and Study)
Article 20  To contribute to the effective implementation of initiatives to prevent recidivism, the national government is to share information conducive to preventing recidivism that is held by the relevant organizations, verify the implementation status and effects of initiatives to prevent recidivism, and advance research and study into the effective treatment of a person who has committed offenses in the course of working to prevent their recidivism; and is to implement the necessary initiatives, such as considering the right modalities for initiatives to prevent recidivism, based on things such as the results of these activities.
(Appropriate Guidance and Support Within Society)
Article 21  The national government is to implement the necessary initiatives for a person who has committed offenses whose receipt of the appropriate guidance and support within society is found to be effective in preventing their recidivism, to enable them to receive guidance and support within society quickly and effectively, either without treatment at correctional institutions or following treatment at correctional institutions for a certain period of time.
(Promoting Public Understanding and Commendations)
Article 22  (1) The national government is to implement the necessary initiatives to promote the public's understanding of the importance of initiatives to prevent recidivism and to gain their cooperation.
(2) The national government is to endeavor to commend private sector organizations and individuals that have contributed to advancing the prevention of recidivism.
(Assisting Private Sector Organizations)
Article 23  In order to facilitate activities to prevent recidivism carried out by volunteer probation officers' associations, cooperating employers, and other private sector organizations and individuals, the national government is to implement the necessary initiatives, such as fiscal or tax measures, etc.
Section 2 Initiatives by Local Governments
Article 24  Local governments must endeavor to implement the initiatives prescribed in the preceding Section in keeping with an appropriate sharing of roles with the national government and based on the circumstances in the areas under their jurisdictions.
Supplementary Provisions
(Effective Date)
(1) This Act comes into effect as of the date of promulgation.
(Review)
(2) Approximately five years after this Act comes into effect, the national government is to review the status of this Act's entry into effect and take necessary measures based on the results of this review.