Main Tasks
Probation and Parole
Duties of Probation Officers
- Probation officers prevent offenders from reoffening by keeping close contact with probationers, such as meeting with them and visiting their residence as frequently as necessary, and monitoring their behaviors and environments at all times. They promote the probationers’ successful reentry into society by providing them with assistance in vocational training, job placement, and returning to school, as well as financial support.
General Conditions : A person on probation have to observe the following conditions:
- Reside in designated area and have a job
- Quit bad habits leading to crime, do good things, and not mingle with people who are likely to commit a crime
- Comply with the guidance and surveillance of probation officers
- Report to the probation officer in advance when they change their address or take a trip for longer than a month
Special Conditions
- A court, probation committee, and the Medical Treatment and Custody Committee may impose special conditions individually considering the nature and circumstances of the crime.
Pharmacological Treatment of Sex Offenders (enforced on Jul. 24, 2011)
- Pharmacological treatment of sex Offenders targets sexual deviants aged 19 years or older who have committed a sexual violence crime and are recognized to be at risk of committing a new sexual violence crime.
- This treatment weakens or normalizes sexual functions for a set period of time through drug administration and psychological treatment to suppress abnormal sexual urges or desires.
- Probation should be conducted during the treatment in order to prevent offenders from recidivism, and help their rehabilitation.
Treatment Order (enforced on Dec. 2, 2016)
- A court may impose the Treatment order for a person who committed crime under drunkenness or due to mental disorder and is in need of outpatient treatment and is at risk of committing a new crime. Probation should be conducted during the treatment.
Targets and Period of Probation
| Legal Grounds | Targets | Period |
|---|---|---|
| Criminal Act | ▪ A person whose sentence is suspended under probation (Article 59-2) ▪ A person whose sentence is suspended of execution under probation (Article 62-2) ▪ An adult released on parole (Article 73-2) |
▪ 1 year ▪ 1~5 years ▪ Remaining term of imprisonment |
| Juvenile Act | ▪ A person placed on short-term probation (Article 32①4) ▪A person placed on long-term probation (Article 32①5) ▪ A person early released from a juvenile detention center (Article 30 of the Probation Act) ▪ A juvenile released on parole (Article 66) |
▪ 1 year ▪ 2 years ▪ 6 months-2 years ▪ Shorter term between the period of imprisonment and remaining period of long-term imprisonment |
| Punishment for Sex Offenses Act | ▪ A person whose sentence is suspended under probation (Article 16①) ▪ A person whose sentence is suspended of execution under probation (Article 16④) ▪ A person released on parole (Article 16⑧) |
▪ 1 year ▪ 1~5 years ▪ Remaining term of imprisonment |
| Punishment for Domestic Violence Act | ▪ A person under disposition of probation (Article 40①5) | ▪ Not more than 6 months |
| Punishment for Promoting Prostitution Act | ▪ A person under disposition of probation (Article 40①2) (Only for customers and prostitutes) | ▪ Not more than 6 months |
| Punishment for Child Abusers Act | ▪ A person whose sentence is suspended of execution under probation (Article 8③) ▪ A person under disposition of probation (Article 36①5) |
▪ 1~5 years ▪ Not more than 1 year |
| Protection of Juveniles from Sexual Abuse Act | ▪ Mandatory probation against a juvenile whose sentence is suspended (Article 21①) ▪ A person whose sentence is suspended of execution under probation (Article 21④) |
▪ 1 year ▪ 1~5 years |
| Medical Treatment and Custody Act | ▪ A person released from the National Forensic Hospital (Article 32) ▪ A person whose sentence is suspended under the treatment order (Article 44-2③) ▪ A person whose sentence is suspended of execution under the treatment order (Article 44-2③) ▪ A person released from protective detention (Article 10) |
▪ 3 years ▪ 1 year ▪ 1~5 years ▪ 3 years |
| Instruction for Prosecutor Diversion on Probation Office | ▪ A person whose indictment is suspended under probation | ▪ 6 months for class 2 ▪ 1 year for class 1 |
| Electronic Monitoring Act | ▪ A person whose sentence is post-release probation(Article 21-3) | ▪ 2-5 years |
| Pharmacological Treatment of Sex Offenders Act | ▪ A person who is sentenced to pharmacological treatment order by a court (Article 8②) ▪ A person to whom pharmacological treatment order is imposed by the Medical Treatment and Custody Committee when he is released from the National Forensic Hospital (Article 25①) |
▪ Not more than 15 years ▪ Not more than 3 years |