Japanese prisons to place more focus on rehabilitation than punishment

An amendment to the Penal Code placing greater emphasis on rehabilitation efforts in prison took effect Sunday, marking the first time changes have been made to the forms of punishment under Japan’s more than a century-old crime laws.

Imprisonment is no longer divided into the categories of with and without labor, and prison work is no longer mandatory for inmates, allowing more time to be allocated for rehabilitative guidance and education to reduce recidivism, according to the Justice Ministry.

The revised law, which will affect people convicted from Sunday, stipulates anew that imprisonment consists of “confinement in a penal institution” and that inmates can be assigned to undertake “necessary work” or can undergo “necessary guidance” for rehabilitation and improvement.

Prior to the change, the treatment of inmates was largely based on the likelihood of reoffending, potentially subjecting an elderly repeat shoplifter and a yakuza gang member to the same regime.

The new system sets up 24 programs tailored to an inmate’s age, characteristics and other factors, including a Daily Care-Senior curriculum for those aged 70 and older and suffering from dementia and Addiction Recovery targeting drug abusers.

Other programs target those aged between 20 and 26, and those facing prison terms of at least 10 years.

Elderly inmates are expected to be able to focus more on maintaining their physical and cognitive functions rather than engaging in typical prison work, while younger inmates will undergo a program to enable their return to school after leaving prison, according to the ministry.

Inmates will be sent to prisons that can offer appropriate programs for them. Their situation will be reviewed every six months, enabling them to switch to different treatment programs if needed.

Japan’s Penal Code was enacted in 1907. The legislation to realize the latest change was enacted by parliament in 2022.