社区矫正(整理六大洲研究进展,按年份从旧到新论述)
历史溯源与全球法律框架的演进
这组文献探讨了社区矫正制度(如缓刑、假释、监护制度)的历史起源,以及在欧洲、北美等地的早期法律框架构建与演变。
- Formation of probation service in juvenile courts in the second half of the 19th – early 20th century(H. A. Voloshkevych, 2025, Uzhhorod National University Herald. Series: Law)
- Selected issues in the formation and evolution of the police institution in the United States: a historical and legal perspective(O. Ryhina, 2025, Analytical and Comparative Jurisprudence)
- Legal regulation of parole and early release in the Republic of Kazakhstan: status, problems, prospects(A. A. Bekbauova, 2025, Eurasian Scientific Journal of Law)
- Probation and Parole in Europe(Fergus McNeill, M. Boone, Nicola Carr, 2025, Crime and Justice)
- Reassessing Juvenile Sanctions in Romania (2014– 2024): Educational Detention vs. Non-Custodial Packages. Insights Into European Practices and Policy Recommendations(Ioana Leucea, D. Rusu, Mihaela Teodor, 2026, Inclusivity)
替代性刑罚政策与全球司法改革趋势
聚焦于亚洲(印尼、韩国、巴基斯坦)、欧洲(乌克兰、德国)及非洲(南非)的刑事法律改革,强调从监禁向社区服务、电子监控等替代性刑罚的范式转型。
- Probationary Supervision as a Form of Non-Custodial Punishment(V. Ortynskyi, Nataliia D. Slotvinska, 2024, Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki)
- An Integrated Policy Model for Supervisory Punishment under Indonesia’s New Criminal Code(Rohmat Rohmat, Milda Istiqomah, Nurini Aprilianda, 2025, Jurnal Penelitian Hukum De Jure)
- Tinjauan Yuridis Pengaturan Pidana Pokok dan Tujuan Pemidanaan dalam KUHP 2023 Indonesia dan Strafgesetzbuch Jerman(Hafita Mutiara Zaharani, 2025, Deposisi: Jurnal Publikasi Ilmu Hukum)
- Community Service as an Emerging Punishment: Legal and Challenges(Arjun Singh, 2025, INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT)
- PROBLEMS OF PENAL REGULATION OF SOCIAL REINTEGRATION OF CONVICTS IN THE LEGISLATION OF KAZAKHSTAN AND TAJIKISTAN: CURRENT STATE, ISSUES, AND PROSPECTS(K. K. Rakhimberdin, 2025, Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan)
- SENTENCING OF PATHOLOGICAL GAMBLERS IN CANADA. LESSONS FOR SOUTH AFRICA?(Marita Carnelley, 2023, Obiter)
- Offender Reintegration in South Africa during the Covid-19 Pandemic: Criminological Perspective(Ernest Ramokone Lekalakala, K. Rakubu, 2025, E-Journal of Humanities, Arts and Social Sciences)
- A Study on Improvement of Operation for Private Reintegration Facilities(Sungkyu Lee, Hyeyeon Sung, 2024, The Correction Welfare Society of Korea)
- Alternative care period to imprisonment, a solution for the offender's socialization(Eidmohammad Ahmadi, 2025, Scientific-Research Quarterly Journal of Law Knowledge)
- From Incarceration to Integration: Rehabilitation Pathways for Sustainable Reintegration(Dr. Hassan Khan, 2025, ACADEMIA International Journal for Social Sciences)
- The South African parole system: a critical review of its effectiveness in promoting rehabilitation and public safety(Ernest Ramokone Lekalakala, 2025, International Journal of Research in Business and Social Science (2147- 4478))
- Crafting an ideal penitentiary law: a global comparative framework for Indonesia’s correctional system(Anis Widyawati, Ade Adhari, R. Arifin, Helda Rahmasari, Heru Setyanto, 2025, Legality : Jurnal Ilmiah Hukum)
- Beyond Bars: Transformative Strategies for Reducing Prison Congestion in the United States of America(Chukwuebuka Festus Okoli, 2024, International Journal of Innovative Science and Research Technology (IJISRT))
- Alternative Sanctions in Criminal Justice: A Comparative Legal Study(Riyadh Hussain Taqi, 2025, Academia Open)
- Using Offender Risk Assessment Data to Explore Nonfatal Strangulation in the Context of Community Supervision.(Durant Frantzen, 2025, Journal of interpersonal violence)
- The applicability of alternative penalties and measures and their effects in the reintegration of the individual into society(Fernanda Ketlyn de Souza Bezerra, Arlen José Silva De Souza, Audarzean Santana Da Silva, S. Teixeira, 2024, Concilium)
- Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)(Riki Afrizal, Tenofrimer, Diana Arma, 2025, Ekasakti Journal of Law and Justice)
- Community service: its use in criminal justice.(Robert J Harris, T Wing Lo, 2002, International journal of offender therapy and comparative criminology)
高风险与高关注度罪犯(性侵、暴力)的监管挑战
针对性侵犯者、恐怖分子及高龄罪犯等特殊群体,探讨社区通报制度、再犯风险管理、公众舆论压力及“控制与康复”的平衡。
- The impact of community notification on sex offender reintegration: a quantitative review of the research literature.(Michael P Lasher, Robert J McGrath, 2012, International journal of offender therapy and comparative criminology)
- Sex offender community notification: managing high risk criminals or exacting further vengeance?(R G Zevitz, M A Farkas, 2000, Behavioral sciences & the law)
- Community reintegration of sex offenders of children in new zealand.(Gemma Russell, Fred Seymour, Ian Lambie, 2013, International journal of offender therapy and comparative criminology)
- Explaining Male Sex Offender Recidivism: Accounting for Differences in Correctional Supervision.(M A Kowalski, Z Baumgart, C Bergner, M Jones, 2025, Sexual abuse : a journal of research and treatment)
- A Critical Analysis of What Works for the Rehabilitation and Reintegration of Sexual and Violent Offenders:(K. Davidson, Angela Wilcock, 2025, (De)constructing Criminology: International Perspectives)
- Understanding Sex Offender Community Supervision: A Mixed Methods Approach.(Roger L Schaefer, 2019, International journal of offender therapy and comparative criminology)
- Why are individuals over age 60 still committed as sexually violent persons?(Rachel E Kahn, Gina Ambroziak, James C Mundt, Kerry L Keiser, David Thornton, 2022, Behavioral sciences & the law)
- Reintegration Among High-Profile Ex-Offenders.(Marieke Liem, Daan Weggemans, 2018, Journal of developmental and life-course criminology)
精神健康障碍者的司法分流与精准干预
关注精神疾病、物质滥用及共病患者在刑事司法系统中的待遇,涵盖精神健康法庭、司法分流对死亡率的影响及法医精神病学的伦理困境。
- Ethical Issues Encountered by Forensic Psychiatric Nurses in Japan.(Kayoko Tsunematsu, Yuko Fukumoto, Keiko Yanai, Journal of forensic nursing)
- "Mental Disorder" and Sentencing: Resolving the Definitional Problem.(Jamie Walvisch, 2018, Journal of law and medicine)
- Linking Public Health and Public Safety Data on Co-occurring Disorders Among Adults in Hawaii's Criminal Justice System.(Tiana Fontanilla, Sunja Kim, Kristy Bowen, Ho Suk Choi, Deveraux Talagi, Victoria Y Fan, Vincent Borja, Tammie Smith, Amy Curtis, Journal of public health management and practice : JPHMP)
- A Status Update on U.S. Adult Mental Health Courts.(Laura N. Honegger, Stacy Dewald, Althia Gayle, B. Alharbi, 2026, Behavioral sciences & the law)
- Examining the Impact of Mental Health, Substance Use, and Co-Occurring Disorders on Juvenile Court Outcomes(D’Andre Walker, Arynn A. Infante, Deja Knight, 2022, Journal of Research in Crime and Delinquency)
- Mortality, Criminal Sanctions, and Court Diversion in People With Psychosis.(Erin Spike, Preeyaporn Srasuebkul, Tony Butler, Julian Trollor, Jocelyn Jones, Kyllie Cripps, Grant Sara, Luke Grant, Stephen Allnutt, David Greenberg, Peter W Schofield, Armita Adily, Nabila Zohora Chowdhury, Azar Kariminia, 2024, JAMA network open)
- Static and dynamic predictors of forensic mental health decision-making.(Jeremy Cheng, Mark E Olver, Andrew M Haag, J Stephen Wormith, 2023, Psychological services)
- Women parolees' mental health in the context of reintegration.(Rosemary Ricciardelli, Laura McKendy, 2020, Criminal behaviour and mental health : CBMH)
多元化社会重返机制与弱势群体支持
探讨促进回归社会的具体干预手段,如就业支持、职业治疗、中途宿舍、宗教干预,以及针对女性、退伍军人、残障人士和青少年的精准支持。
- Institutional Mechanisms and the Reintegration of Offenders in Nigeria(S. Agunyai, V. Ojakorotu, Gogo Eugene Gogo, 2025, Journal of Cultural Analysis and Social Change)
- Finding stable employment – is there hope for individuals with criminal records in South Africa?(Francois Christiaan Marthinus Louw, E. Sibanyoni, 2025, Kriminologija & socijalna integracija)
- Nexus between Faith and Therapeutic Interventions in the Rehabilitation of Offenders: A Case Study of the Muslim Minority Community in South Africa(Sultan Khan, 2024, Southern African Journal of Social Work and Social Development)
- Reintegration of Child Offenders in Tanzania: A Critical Examination of Legal and Social Challenges in Mbeya Region(Xaveria Makombe, 2025, East African Journal of Law and Ethics)
- Views of Community Corrections Supervision and Their Predictors: An Officer and Offender Comparison(Shanhe Jiang, Dawei Zhang, E. Lambert, 2022, The Prison Journal)
- The profile of people entering the ‘EQUIPS’ offender treatment programs in New South Wales’(Marlee Bower, Mark V. A. Howard, L. Stapinski, M. Doyle, N. Newton, E. Barrett, 2023, Current Issues in Criminal Justice)
- Challenges and Opportunities for Ex-Offender Support Through Community Nursing.(Cyril Eshareturi, Laura Serrant, 2018, International journal of offender therapy and comparative criminology)
- Reintegration experiences in a sample of Israeli parolees on completion of their term of supervision: A qualitative study(Ronit Peled-Laskov, Uri Timor, L. Gideon, 2021, Criminology & Criminal Justice)
- Evaluation of an occupational therapy reentry program: Achieving goals to support employment and community living after incarceration.(Ariana V Gonzalez, Jacob Eikenberry, Cole Griess, Lisa Jaegers, Carolyn M Baum, 2023, Work (Reading, Mass.))
- Rehabilitation and reintegration of juvenile offenders: Strengthening family resilience and enhancing child protection post-incarceration; A study of Palansena Prison, Negombo, Sri Lanka(A. Perera, 2025, International Conference on Child Protection 2025)
- Halfway Out: An Examination of the Effects of Halfway Houses on Criminal Recidivism.(Jennifer S Wong, Jessica Bouchard, Kelsey Gushue, Chelsey Lee, 2019, International journal of offender therapy and comparative criminology)
- A Systematic Review of Victim-Survivor, Familial, and Professional Views on the Reintegration of Men Convicted of a Sexual Offense into the Community.(Emma Tuschick, Shiri Portnoy, Nikki Carthy, Laura Gair, Simon Hackett, Nadia Wager, 2025, International journal of offender therapy and comparative criminology)
- The systemic model of crime and institutional efficacy: an analysis of the social context of offender reintegration.(Kevin A Wright, Travis C Pratt, Christopher T Lowenkamp, Edward J Latessa, 2013, International journal of offender therapy and comparative criminology)
- An exploration of women offenders' health literacy.(Lorie Donelle, Jodi Hall, 2014, Social work in public health)
- Facilitating Successful Reentry Among Justice-involved Veterans: The Role of Veteran and Offender Identity.(Alisha Desai, Ryan Holliday, Lauren M Borges, Jessica Blue-Howells, Sean Clark, Matthew Stimmel, Hal S Wortzel, 2021, Journal of psychiatric practice)
- Disability Rights on Probation and Parole(Alexis Karteron, 2025, Michigan Law Review)
- Unveiling the Journey to Community Reintegration: Results from a Qualitative Study with Sexual Offenders on Parole(Ana Rita Cardoso, Jorge Quintas, Gilda Santos, 2025, International Journal of Offender Therapy and Comparative Criminology)
资源约束、系统压力与突发危机下的治理
讨论社区矫正系统面临的现实压力,包括监狱拥挤、COVID-19大流行、资源匮乏(非洲实证)以及官僚机构对恢复性司法的阻碍。
- Prison Overcrowding in the Nigerian Correctional System: Implications for Offender Rehabilitation at The Ado-Ekiti Correctional Center(Aminat Abiodun Olabamiji, 2025, Global Journal of Arts, Humanities and Social Sciences)
- Community Reintegration of Offenders at an Overcrowded Rural Correctional Facility: Work Experiences of Correctional Officials(Refiloe Legodi, M. Dube, 2023, Social Sciences)
- DYNAMICS OF CHANGES IN THE STRUCTURE OF THE JUDICIAL PROBATION AND PAROLE SERVICE – POTENTIAL (BEING) WASTED OR NEW PERSPECTIVES? – A RESEARCH REPORT(Karolina Goede, 2025, Probacja)
- Toward Accountability: A Qualitative Assessment of Supervision Officers’ Responses to Noncompliance During the COVID-19 Pandemic(Lucas M. Alward, Ashley Lockwood, J. Viglione, 2024, Criminal Justice and Behavior)
- The Impact of COVID-19 on Justice-Involved African Americans: A Follow-Up Study(Precious Skinner-Osei, 2024, Urban Social Work)
- Trying to restore justice: bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice.(Kathryn J Fox, 2015, International journal of offender therapy and comparative criminology)
- Thinking about offender social reintegration: A case study of one NGO programme in the Eastern Cape Province of South Africa(Emmison Muleya, 2021, International Social Work)
- A qualitative inquiry: management of recidivism in South Africa(J. Samuels, Nicolette V Roman, Marelize Schoeman, 2024, Crime, Law and Social Change)
- Examining the Challenges Hindering the Implementation of Community Service Sentencing for Offender Rehabilitation: Insights from Butimba Central Prison(Winstoni Leonard, J. Buhori, Ngondi Naftal, 2025, East African Journal of Arts and Social Sciences)
- Navigating Reintegration Challenges: Coping Strategies of Juvenile Offenders in Ghana(Kwabena Frimpong‐Manso, E. Bosomprah, 2025, Youth Justice)
- OVERCROWDING IN CORRECTIONAL CENTRES AND COMMUNITY REINTEGRATION OF OFFENDERS: IMPLICATIONS FOR CORRECTIONAL OFFICIALS OF A FACILITY IN NORTH WEST PROVINCE, SOUTH AFRICA(M. Dube, Refiloe Refiloe, 2023, e-Bangi Journal of Social Science and Humanities)
- The paradox of social cohesion in the reintegration of ex-offenders: a case study of Port Harcourt maximum security prison, Nigeria(Chibueze Adindu Akunesiobike, Kingsley Ogbonda, Hassan Ibrahim Muhammad, Cyril O. Ugwuoke, 2025, African Journal of Social Issues)
- Victim–Offender Dialogue: Does it Really Work? a Critical Analysis of Restorative Justice in South Africa(Nkarhi. E. Mathebula (PhD), Ronnie Risimati Maceke (PhD), Mohammed Xolile Ntshangase (PhD), 2025, Innovative Research Journal of Sociology and Humanities)
- The Parole Officials’ Views Concerning the Parole System in Rehabilitating Offenders: Experiences from Brits Community Correction Centre in South Africa(O. W. Letlape, M. Dube, 2023, Social Sciences)
- Challenges faced by correctional officials during the social reintegration of ex-offenders: mental health issues(Refiloe Legodi, 2025, EUREKA: Social and Humanities)
矫正成效评估、心理测量与实证研究
侧重于实证评估工具的应用,如测谎技术、可救赎信念测量、再犯减少证据评估以及创伤后应激(PCTS)对重返社会的影响。
- An evaluation of mandatory polygraph testing for sexual offenders in the United kingdom.(Theresa A Gannon, Jane L Wood, Afroditi Pina, Nichola Tyler, Magali F L Barnoux, Eduardo A Vasquez, 2014, Sexual abuse : a journal of research and treatment)
- [The implementation of the law 4509/2017 in the Forensic Department of the Psychiatric Hospital of Thessaloniki].(M Markopoulou, K Iliou, V Karakasi, Ath Douzenis, 2020, Psychiatrike = Psychiatriki)
- A conceptual model on reintegration after prison in Norway.(Bjørn Kjetil Larsen, Sarah Hean, Atle Ødegård, 2019, International journal of prisoner health)
- Does Offender Supervision Reduce Re-Offending? Evidence from Novel Administrative Data(Markus Gehrsitz, Sam Grant, Stuart McIntyre, 2025, International Journal of Population Data Science)
- PROBATION SUPERVISION OF JUVENILES IN THE CONTEXT OF AMENDMENTS TO THE CURRENT LEGISLATION(N. Dudka, 2024, Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow)
- Dysfunctions of Relations to the Social Environment in the Context of Social Reintegration Disorders of Persons Released from Places of Deprivation of Liberty(K. Zlokazov, Tatiana V. Pivovarova, 2024, Victimology)
- STIMULATION OF LAW-ABIDING BEHAVIOUR OF CONVICTS AS A PRIORITY VECTOR OF DEVELOPMENT OF THE STATE POLICY IN THE FIELD OF EXECUTION OF CRIMINAL SENTENCES AND PROBATION(O.M. Liubarskyi, 2024, Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow)
- Measuring Offenders' Belief in the Possibility of Desistance.(Kevin O'Sullivan, Rochelle Williams, Xiang Yan Hong, David Bright, Richard Kemp, 2018, International journal of offender therapy and comparative criminology)
- The Ripple Effects of Post-Conviction Traumatic Stress in People Required to Register as Sex Offenders and their Families.(Jill S Levenson, Danielle Arlanda Harris, 2024, Sexual abuse : a journal of research and treatment)
- Examining Sanction Type and Drug Offender Recidivism: A Register-Based Study in Finland(B. Miller, Noora Ellonen, J. Boman, S. Dorn, Karoliina Suonpää, O. Aaltonen, Atte Oksanen, 2021, American Journal of Criminal Justice)
本报告全面整合了全球六大洲在社区矫正领域的研究进展,呈现出从宏观制度设计到微观精准干预的演进脉络。研究涵盖了:1) 法律框架的现代化,特别是从报应性司法向恢复性司法及替代性刑罚的转型;2) 针对性侵者、精神障碍者及弱势群体(女性、退伍军人)的分类分级管理与权利保障;3) 多元化的社会重返支持体系,强调就业、心理健康与家庭韧性的协同作用;4) 在资源约束(如非洲地区)和突发危机(如COVID-19)背景下的系统韧性与治理挑战;5) 基于实证的成效评估与心理测量工具的开发。整体趋势显示,全球社区矫正正向着更加人道、精准和实证化的方向发展。
总计81篇相关文献
Unless the views of parole officials are unpacked and understood with regard to rehabilitating offenders in correctional centres with limited resources in South Africa, there will be less effort devoted towards ensuring the effectiveness of the parole system. This paper captures the working experiences of the parole officials at Brits Community Corrections in South Africa with regard to the use of parole in the rehabilitation of offenders. Using a qualitative approach and an exploratory descriptive design, the study employed total population purposive sampling to ensure the inclusion of all parole officials in the study to provide their working experience. In-depth interviews that provided data saturation with four parole officials were analysed thematically, critically discussed and compared to existing literature. The major findings were that the challenges faced by parolees in the communities were the main problems preventing the successful implementation of parole services. This led to endemic frustrations among the parole officials in the execution of parole services in the Brits area. This paper recommends relevant holistic approaches as interventions to improve the parole systems in the area and improve the working experiences of parole officials.
Throughout history, religion has been known to play an important role in regulating behaviour contributing to social order. It provides a moral foundation based on religious values and norms that prescribe and proscribe behaviour. Despite such a role, religion has been subjected to secular forms of social control through enacted rules for appropriate behaviour in society. Deviations from such rules are subject to prosecution and, in many instances, incarceration in correctional centres. In an attempt to rehabilitate the offender, both faith-based and secular therapeutic programmes are important aspects of rehabilitation. While this article briefly addresses secular intervention programmes, it focuses on how faith-based approaches can support and collaborate with other helping professions in promoting prosocial behaviour of offenders. The study draws on the experiences of other minority Muslims communities in the northern hemisphere, who have engaged with faith-based programmes in correctional centres. The case of the South Africa Muslim chaplaincy is presented to examine its nature, scope, and programmes offered to offenders in South African correctional centres. The study concludes that there is a space for faith-based approaches to be interfaced with and integrated in therapeutic programmes.
As part of the rehabilitation of offenders, South Africa has emerged as one of the countries in the world that uses programmed reintegration of offenders into the communities. However, overcrowding in correctional facilities has implications for correctional officials' work in the reintegration of offender’s programmes. This paper discusses overcrowding at Rooigrond Correctional Centre in the North West Province in South Africa and the implications it has for the work of correctional officials at the facility. The study applied a qualitative approach and a descriptive research design to capture the experiences of the correctional officials on the implication of overcrowding on the reintegration of offenders. Using the quota sampling method and semi-structured face-to-face interviews, ten correctional officials of different ranks participated in the study. Thematic data analysis employed showed that overcrowding in a correctional facility affects negatively the reintegration programmes at Rooigrond Correctional Centre making the rehabilitation process difficult and less effective. To enable and facilitate the successful reintegration of offenders into the communities, the study makes significant recommendations for consideration by correctional officials.
The former Minister of Correctional Services, Ronald Lamola, announced the early release of 19,000 inmates on parole as a measure to mitigate the impact of the COVID-19 pandemic within South African correctional facilities. This decision aimed to reduce overcrowding, which posed a significant challenge to implementing preventative measures such as social distancing among inmates and staff. Low-risk offenders were prioritised for release to ensure compliance with lockdown regulations. Consequently, communities were deprived of the opportunity to deliberate on the reintegration of released offenders. Drawing on criminological theories and qualitative data collected from 30 purposefully selected participants—including 15 released offenders (10 males and 05 females), 10 community leaders, and 05 personnel from the Department of Correctional Services—this study examined the ramifications of early inmate release, focusing on community rejection and its potential to exacerbate recidivism rates. The study argued that the rejection experienced by prematurely released offenders may result in frustration, heightening the likelihood of re-offending. Furthermore, it is posited that post-pandemic South Africa may witness an increase in crime rates, with this research exploring the nature of offences likely to be committed by rejected parolees. The findings contribute to criminological scholarship by offering empirical insights into the socio-economic and psychological challenges faced by parolees post-early release. Additionally, the study advanced discussions on correctional policy by highlighting the necessity of community engagement in offender reintegration to mitigate recidivism. The study’s findings have implications for both policymakers and practitioners, highlighting the importance of structured post-release support systems to facilitate successful reintegration. Keywords: Offender Reintegration, Parole, Recidivism, Community Rejection, Criminology, COVID-19 Pandemic.
At a high cost to the community and taxpayers, offenders frequently return to correctional facilities shortly after being released. In South Africa, the management of recidivism has not been researched extensively, and recidivism as a phenomenon has received scant attention. This study explores how the Department of Correctional Services in South Africa manages recidivism using the perspectives of staff and external stakeholders. A qualitative study was conducted with 19 Department of Correctional Services employees and ten external stakeholders. The findings postulate that South Africa’s Department of Correctional Services (1) lacks defined policy guidelines, processes, or structure for addressing recidivism; (2) suggests a gap in the system as departments work independently within the Justice, Crime Prevention and Security Cluster (JCPS), which includes, among others, the Departments of Police, Home Affairs, Justice and Correctional Services; (3) recommends that the computer systems of the JCPS be integrated to manage recidivism, and the use of a criminal record number for the detection of recidivists; (4) identifies a need for the development of policy, policy procedures, and guidelines for managing repeat offending; and (5) a need for coherent research on the management of recidivism of offenders within the Department of Correctional Services in South Africa.
Victim Offender Dialogue (VOD) is not only the main feature of the restorative justice system in South Africa, but in a way, it also depicts the country's general ambitions for reconciliation, accountability, and healing after the conflict. Morally, it is based on Ubuntu and the influence of the Truth and Reconciliation Commission, to be a gathering where the victims first tell their stories of the harm caused to them, and then the offenders in a direct and relational manner take responsibility. Even though it is becoming more and more institutionalized in the Department of Correctional Services, there are still doubts lingering in the air i.e. whether VOD really leads to restorative outcomes or just serves as an administrative tool in a mainly punitive system. This qualitative research critically assesses the effectiveness of VOD in South Africa through an interpretivist lens of empirical studies, policy documents, and theoretical writings. The study embraces theories of restorative justice, trauma studies and African communitarian ethics in examining the understanding, facilitation, and experiences of VOD of the stakeholders. Its findings are that VOD is the medium through which emotional healing, moral accountability, and reintegration can be realized, nevertheless, its impact is rather sporadic and heavily reliant on the facilitator's skill, the voluntary nature, and trauma informed preparation and support availability. Besides different systemic obstacles e.g. community under resourcing, facilitator's skills inconsistently, parole related coercive pressures and lack of community engagement which limit VOD potentials. The paper concludes that VOD is only an effective instrument when it is conducted under conditions that are ethically sound, well resourced, and culturally responsive. Without these safeguards, the repeating of the harm, deepening of power imbalances, and failure to achieve the restorative goals of VOD can be the outcomes of VOD.
The focus of this note is on one specific type of sentencing, what is called “conditional sentence” in Canada, and “correctional supervision” in South Africa. The principles relating to this form of punishment in the two legal systems are again similar. It is a community-based punishment aimed at keeping the offender out of prison, and within society under strict conditions. The conditions in each case obviously depend on the circumstances of the case. In South Africa the measures mostly include house arrest, community service, monitoring and treatment. The choice of conditions in the Canadian legislation is wider, but includes a report to a supervisor, community service and attendance of a treatment programme (s 742.3 of the Canadian Criminal Code). The importance of this type of sentence for pathological gamblers is borne out by the fact that there is generally no need for these offenders to be removed from society. They are seldom violent, are susceptible to treatment outside the prison system and as such are capable of being rehabilitated. It is suggested that pathological gamblers in South Africa should, unless the seriousness of the crime demands otherwise, be sentenced to correctional supervision. This is the approach of the Canadian courts and should be the approach adopted by the South African courts.
This paper examines the impact of criminal record expungement on employment opportunities and explores strategies to improve the employability of formerly incarcerated individuals. A comprehensive literature review approach was adopted to synthesise existing research, policies, and theoretical perspectives on the topic. This approach was suitable given the limited empirical research and fragmented understanding of criminal record expungement and offender reintegration in the South African context. Findings indicate that securing sustainable employment remains one of the greatest challenges faced by ex-offenders, primarily due to structural barriers within communities, employer bias, societal stigma, and personal limitations such as inadequate education and job skills. To address these challenges, the paper recommends expanding expungement eligibility criteria, reducing waiting periods, and introducing automatic record-sealing for minor offences. Additionally, it proposes policy interventions such as employer tax incentives, financial protections, and facilitating access to employment opportunities within the Department of Correctional Services.
Community reintegration of offenders is one of South Africa’s methods of rehabilitating offenders who have served a portion of their sentence in a correctional centre. However, overcrowding in the rural correctional facilities that have limited resources have exposed the correctional officials to enormous work-related challenges. This paper discusses the work-related challenges experienced by correctional officials at Rooigrond Correctional Centre, a rural correctional centre in North West Province in South Africa. This study employed a qualitative research approach and a descriptive research design to capture the challenges experienced by correctional officials during reintegration of offenders at Rooigrond Correctional Centre. Due to the different ranks of the correctional officials who participated in the study, a quota sampling technique was used to involve ten correctional officials in face-to-face interviews. Thematic data analysis was used, which showed that correctional officials experience a plethora of challenges which have an impact on work and personal levels. This paper makes significant conclusions and recommendations to improve the work-related experiences of the correctional officials in overcrowded, low-resourced rural correctional facilities.
The parole system in South Africa is an essential component of the correctional framework, aimed at reconciling the dual goals of criminal rehabilitation and public safety. Although rooted in the Correctional Services Act 111 of 1998, the White Paper on Corrections (2005), and international human rights norms, its efficacy is still debated. This article aims to critically assess the degree to which the South African parole system facilitates rehabilitation while ensuring community safety. The research employs a qualitative, doctrinal methodology, focussing on the examination of statutory provisions, policy frameworks, judicial rulings, and contemporary academic literature regarding parole and criminal reintegration. Additional insights are derived from comparative penological viewpoints and reports from oversight entities like the Judicial Inspectorate for Correctional Services. Research demonstrates that while parole theoretically aligns with rehabilitative and restorative justice principles, its execution is compromised by prison overcrowding, resource constraints, insufficient post-release assistance, and erratic risk evaluations. These elements foster public distrust and occasional shortcomings in preventing recidivism, particularly in prominent cases. However, evidence indicates that structured monitoring and rehabilitative programs under parole can diminish recidivism when sufficiently resourced and supported. The paper asserts that the South African parole system necessitates comprehensive reform, incorporating the use of evidence-based risk assessment instruments, fortified community corrections, and improved reintegration assistance. Its contribution to penological studies emphasises the dichotomy of parole as both a rehabilitative instrument and a contentious arena of public safety, providing avenues for realigning parole practices with constitutional and restorative justice objectives.
This study develops an ideal model of penitentiary law for Indonesia's correctional system through a comparative analysis with other legal frameworks. The study examines systems in South Africa, Thailand, the Netherlands, Germany, France, Japan, and Brazil using doctrinal normative legal research and comparative legal analysis. Primary sources include legal documents, statutes, relevant legislation, and scholarly literature. The findings reveal key components of an ideal penitentiary system: a rehabilitative legal framework that aligns punishment with rehabilitation; provisions for individualised assessment and treatment; a disciplined, transparent system for grievance handling; legislative support for educational and vocational programs; and policies for community reintegration. Notable contributions from other countries include Japan's rehabilitation system, the Netherlands’ alternative sentencing approach, Germany’s vocational training programs, France’s parole systems, South Africa’s restorative justice initiatives, and Thailand’s family connection efforts. Brazil's flexible sentencing and rehabilitation strategies to address overcrowding further inform the model. This research proposes a comprehensive penitentiary law framework emphasising legal pluralism, situational flexibility, robust regulatory mandates, and a balance between security and humane treatment. The model is designed not only for Indonesia but also offers a valuable reference for other nations, grounded in empirical research on corrections and recidivism, and adhering to international human rights standards for prisoner treatment.
No abstract available
In Poland, the Judicial Probation and Parole Service (Kuratorska Służba Sądowa, KSS) is responsible for systemic rehabilitation of offenders under supervised freedom. Both professional and community-based probation parole officers operate within the structure of the Service. This dual model is standard for probation work within the European Union and emphasises the value of social participation in the process of rehabilitation without incarceration. Over the last decade, there has been significant restructuring within the Service, particularly in the criminal division. During the selected timeframe, from 2014 to the 2024, 11.698 community-based probation officers for adults were dismissed from service, representing 76% of the total. In the conducted research project, on the basis of an analysis of selected statistical data, the dynamics of this restructuring within the chosen timeframe were illustrated, the main causes and consequences were identified and practice recommendations were proposed.
This Article addresses disability discrimination in community supervision programs, a large—but frequently overlooked—component of the criminal legal system and important contributor to America’s mass incarceration crisis. The long-standing concerns of legal scholars and advocates about disability discrimination in prisons and policing, particularly against people with mental health disabilities, apply with equal measure to probation and parole. This Article examines the experiences of people with intellectual/developmental, cognitive, and mental health disabilities to understand how disability discrimination manifests in probation and parole programs and identifies numerous policies and practices that likely run afoul of two major federal disability rights laws: the Americans with Disabilities Act and the Rehabilitation Act. In explaining why such disability discrimination goes seemingly unchecked, this Article identifies major jurisdictional barriers to enforcement in the federal courts: the Preiser-Heck bar on certain civil rights litigation, abstention doctrines that insulate state criminal court decisions from review, and Eleventh Amendment limits on damages actions against state entities. Given those barriers, this Article suggests that supervision programs ensure robust compliance with disability discrimination laws by utilizing a universal design approach, providing appropriate accommodations to supervisees, and eliminating discriminatory standards. It further argues that defense lawyers and other criminal justice actors should receive training about disability discrimination laws, so they are better able to recognize and remediate disability discrimination. Finally, it suggests the expansion of diversion programs for people with disabilities, particularly those who may struggle to comply with traditional probation programs.
The article is devoted to the analysis of the content and significance of the institution of conditional early release from serving a criminal sentence imposed by a judicial authority. The paper focuses on the existing disagreements among scientists regarding the goals and objectives pursued by this institute. An important aspect is the need to integrate international universal standards into the field of penal enforcement legislation, including issues related to the password of convicts. The regulations formulate requirements concerning the preparation of persons released on parole for their social adaptation, as well as taking into account individual characteristics and the nature of the committed criminal offense when establishing probation supervision. The conditions under which it is possible to revoke password and other related aspects are also being considered. Within the framework of this study, an analysis of the key principles and criteria determining the expediency of applying the mechanism of password is carried out. In addition, the restrictions related to its use and the consequences of canceling this exemption are discussed, taking into account the obligations imposed on the person who was granted such an exemption. Among the last issues, controversial aspects stand out, in particular, concerning the commission of two or more administrative offenses by a person. It is indicated that conditional early release may be revoked in the case of a homogeneous administrative offense similar to a previously committed criminal offense. To substantiate the identified inconsistencies in criminal legislation, the international documents of the Council of Europe are analyzed, which, although they are advisory in nature, represent international standards in the field of protecting human rights and legitimate interests. In addition, this paper examines the practice of applying legislation by judicial authorities when considering applications for parole, as well as the legislative specifics of regulating public relations in this area in developed countries.
The article reveals the theoretical and applied foundations, essence and content of stimulating law-abiding behaviour of convicts. In particular, it is noted that every convict is a human being, has inalienable natural rights and human dignity, and his/her personality is formed in the society where he/she received genetic information, where he/she has violated the law, and where the offender’s unlawful behaviour and crime in general are determined, therefore it is the duty of civil society and the State to help him/her to form law-abiding behaviour. The article argues that the development of the State policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts is in line with the current progressive trends in legal understanding and legal culture, which are reflected in the documents of the United Nations, the Council of Europe, the case law of the European Court of Human Rights and the legislation of the most effective penitentiary policies in Europe, which emphasize the need to assist in developing the motives for law-abiding behaviour and to help in the development of the The article determines that negative trends in the current realities of crime and the execution of sentences, in particular, the absence of trends in reducing the number of prisoners and the number of prisoners per 100,000 population, as well as disappointing recidivism rates inherent in many European countries and the United States of America, determine the development of the state policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts. As an example, the author analyses the dynamics of crime and the number of prisoners in the Kingdom of Sweden for 2000-2023. The article also highlights the financial and economic feasibility of the presented concept. Key words: stimulation of law-abiding behaviour of convicts, state policy in the field of execution of criminal sentences and probation, penitentiary system, rehabilitation, reintegration, correction, convicts, prisoners, crime, recidivism.
The article examines the historical prerequisites for the emergence and development of the institution of guardians (probation officers) in juvenile courts in the USA, England, and the Ukrainian territories within the Russian Empire in the late 19th – early 20th centuries. It outlines the legal status of agent probation service, their appointment procedures, sources of funding, candidate requirements, as well as their duties and functions. The study analyses how the American practice of introducing probation officers in Massachusetts (1869) and its subsequent spread to other states served as a model for England, where such positions were established nationwide following the Probation of Offenders Act (1913). It is noted that the main reason for the emergence of the new institution was the shift of juvenile courts away from punitive sanctions, primarily those related to imprisonment, toward the use of educational measures of influence. At the same time, the functions of the newly established probation officers were not limited to monitoring the lawful behavior of juvenile offenders but also encompassed a broader range of social tasks: upbringing, assistance in finding housing and employment, education, and so on. The social nature of these functions led many European countries to transfer supervisory responsibilities to charitable organizations and community volunteers. The American model of probation officers, adapted in England, became a prototype for the domestic pioneers of juvenile justice and was implemented in the form of the institution of guardians, whose legal status was established in statutory documents and local “Rules.” The article focuses on the main requirements for candidates for the position of guardian at the juvenile court, the procedure for appointment, and their key rights and duties. It is established that in the Ukrainian governorates of the early 20th century, guardians had a wide range of responsibilities—from providing information to the court to monitoring the execution of the sentence and assisting in the social adaptation of minors. It is concluded that guardians played an important role in the work of the juvenile court; however, in the early 20th century, their performance was hindered by an insufficient number of staff, which was primarily due to a lack of funding. It was found that financial difficulties in the Russian Empire compelled the active involvement of unpaid volunteer guardians on a community basis. The study makes it possible to assess both the positive impact of the institution of guardians on the juvenile justice system and the limitations that impeded its effectiveness.
The emergence of the COVID-19 pandemic placed new strains on community corrections including officers’ ability to enforce and respond to client noncompliance. With system-wide closures to courthouses, delays in case processing, and limited incarceration space, supervision officers were faced with new challenges regarding the availability of sanction response options. The goal of the current study was to examine how supervision officers responded to noncompliance when traditional, incarceration-based sanctions were largely unavailable. Drawing on qualitative interviews with American probation/parole officers (PPOs) (n = 42), we identified several themes surrounding changes in officers’ strategies to address and respond to noncompliance. Results from thematic analysis suggest major changes in how PPOs monitored supervision compliance during the pandemic including changes to client supervision requirements, modality of contacts, and use of technology for remote surveillance. Findings also revealed changes in how PPOs applied traditional graduated sanctions during the pandemic. Implications of these findings are discussed.
The United States has an excessive number of incarcerated individuals. The number of incarcerated individuals surpasses 2.3 million, which is greater than any other country. This research analyzes the issue of overcrowding in US jails and presents innovative solutions. The paper commences by elucidating the prison system and the philosophical rationales for both punishing and rehabilitating offenders. The essay subsequently examines the imposition of harsh sentences, the government's "War on Drugs" campaign, flawed bail procedures, insufficient rehabilitation and reintegration initiatives, violations of parole and probation terms, challenges in allocating resources, and the accumulation of legal system delays that contribute to prison overcrowding. This analysis explores the ramifications of overcrowding on both convicts and staff, encompassing aspects such as emotional and physical well-being, safety, and the functioning of the prison system. The study suggests an inclusive approach to this key matter. In order to decrease the likelihood of repeat offenses and facilitate the process of reintegrating individuals into society, it suggests implementing more extensive rehabilitation programs that prioritize education, vocational training, and mental well-being. Additionally, it analyzes the potential for expediting jail construction and circumventing public resistance through the privatization of jails. Furthermore, it suggests the deliberate expansion of jails in order to accommodate a greater number of prisoners. It underscores the importance of implementing strategies to enhance the utilization of resources and the provision of services. Furthermore, it emphasizes the importance of overhauling bail procedures to prevent the incarceration of persons who are unable to afford it, thereby compromising the fundamental premise of presumption of innocence. Furthermore, it suggests the reduction of lengthy incarceration periods, particularly for individuals who have committed nonviolent offenses, while promoting alternative forms of punishment and rehabilitation approaches. Furthermore, it underscores the importance of implementing drug courts and restorative justice practices as a means to prevent incarceration of nonviolent offenders. Additionally, it advocates for the implementation of early release initiatives that give priority to the rehabilitation and reintegration of individuals into society, while also incorporating risk assessment and supervision. Final recommendation: Revise parole violation procedures to prioritize rehabilitation and fairness, rather than resorting to incarceration for offenders. Ultimately, the study highlights the urgency of implementing comprehensive prison reform to tackle the issue of excessive overcrowding and guarantee the humane treatment and rehabilitation of criminals. This research analyzes the issue of jail overcrowding in the United States from multiple viewpoints and suggests numerous effective strategies to decrease the number of people in prisons.
No abstract available
This article explores the formation and institutional development of the police system in the United States through a historical and legal lens. The emergence of American police is characterized as a complex and lengthy process, shaped by numerous internal and external factors over time. The study identifies several key historical periods that had a significant influence on law enforcement structures, beginning with the colonial era and extending through the post-industrial and modern periods. The Civil War, mass immigration, accelerated urbanization, labor unrest, and juvenile delinquency posed major challenges to law enforcement agencies. Additionally, the increase in crime rates and the legal and organizational difficulties of enforcing Prohibition further complicated the duties and powers of the police. The article analyzes how these historical dynamics affected the ability of the police to ensure public safety, prevent crimes, conduct investigations, and hold offenders accountable. It also examines the institutional evolution of probation and parole supervision as functions associated with police responsibilities in the broader justice system. A special emphasis is placed on reform efforts that aimed to improve organizational efficiency, increase transparency, and raise professional standards among police personnel. These reforms were crucial in reshaping public perceptions of the police and strengthening trust between law enforcement and society. The contribution of prominent reformers such as August Vollmer is also discussed, especially in terms of the shift toward community-oriented policing and the adoption of scientific methods in law enforcement. The study concludes that the history of American policing reflects broader trends in state-building, legal modernization, and social control mechanisms in democratic societies.
No abstract available
In recent years, the thorough examination of the predominant reliance on imprisonment as a form of punishment has garnered considerable attention. It has been demonstrated that the measure of imprisonment frequently falls short of achieving the objectives of criminal justice, and in specific instances, may exacerbate an individual's criminal behavior, thereby perpetuating the cycle of recidivism. Addressing this predicament and challenge necessitates a profound transformation in criminal justice policy, wherein a greater emphasis on "developing alternatives to incarceration" aligns with this essential shift. This article, aiming to realize the goals of criminal justice, particularly those pertaining to the reformation and reintegration of the offender into society, explores the "alternative to imprisonment supervision period," which embodies a community-centered approach, within the framework of Afghanistan's legal order. It theoretically analyzes and evaluates the types, conditions, effects, and benefits from the perspective of the country's penal laws (Penal Code and the Manner of Implementing Alternatives to Imprisonment and Detention). By continuing this discourse and utilizing criminological data, the application of the alternative to imprisonment supervision period not only bolsters public safety but also augments social justice, security, and collective well-being, as it equips the convicted individual with vocational skills, professional training, and insights into social interaction and a better life, instead of transferring them to prison. The positive effects and outcomes of the effective and proper implementation of this policy for society make its adoption and operationalization justifiable and acceptable.
Abstract. The article establishes that the harmonization of national legislation with European standards, which support the development of the probation system as an essential component of a rule-of-law state; the reduction of expenses related to the incarceration of large numbers of prisoners through the introduction of alternative, less resource-intensive punishments; the drive towards the humanization of sentences by offering offenders opportunities for rehabilitation and reintegration into society without isolation; and the reduction of recidivism and reentry of citizens into society – are all key factors that have paved the way for the introduction of a new form of punishment: probationary supervision. It has been determined that the judicious application of these outlined restrictions, in conjunction with social-educational and supervisory measures that take into account the offender’s personal background, history of offenses, and the risk of reoffending, can be an effective tool for rehabilitating individuals without societal isolation and for preventing new criminal offenses by both those sentenced to probationary supervision and others. At the same time, achieving this result is only possible through a comprehensive approach by specialists, which includes an individualized approach that considers psychological, social, and economic factors influencing the behavior of the offender, alongside proper supervision of each probationer. At the same time, a formal approach by the court in sentencing, as well as by the probation authority in enforcing the sentence, cannot achieve the goal of effective justice. Thus, it is emphasized that the presence of probationary supervision as a type of punishment within Ukraine’s penal system obligates the state to establish an effective control and support system. This system should include the development of a network of probation centers, the preparation of qualified professionals, and the provision of legal protections for probationers. Only with this approach can the effective prevention of repeat offenses be ensured, as well as the social adaptation of individuals serving sentences without isolation from society. Keywords: alternative measure; humanization of punishment; convicted person; non-custodial punishment; probation; probationary supervision; penal system.
The development of Indonesian criminal law underwent a significant transformation through the enactment of the 2023 Criminal Code, which replaced the Dutch colonial legacy and adopted a humanist-restorative punishment paradigm. This study analyzes the comparison between the Indonesian Criminal Code 2023 and the German Strafgesetzbuch (StGB), particularly in the structure of the main punishment and the purpose of punishment, to evaluate the suitability of the concept with modern judicial practices. The normative research method with a statutory and conceptual approach reveals that the 2023 Criminal Code expands the types of basic punishment, such as imprisonment, closure, supervision, fines, and community service, to diversify punishment that reduces dependence on prisons and supports social reintegration. However, the nominal category-based fine system still has the potential to create economic inequality, in contrast to Germany, which uses a day-fine system that is adjusted to the economic capacity of the offender. While Germany relies on suspended sentences and structured rehabilitation programs, Indonesia still faces challenges in the implementation of alternative punishments such as closure, which lack parameters and practices. Both countries' sentencing objectives emphasize community protection and rehabilitation, but Germany is more mature in its integration of the principle of proportionality, assessment of subjective offender factors, and supporting infrastructure. This research recommends reforming Indonesia's fine system by adopting a day-fine mechanism, developing technical guidelines for alternative punishment, strengthening rehabilitation programs, and harmonizing policies to improve economic justice and the effectiveness of punishment. The findings are expected to be a reference in improving the Criminal Code 2023 before its full implementation in 2026, so that the Indonesian criminal justice system is more responsive, fair, and in line with the values of Pancasila and modern legal principles.
ObjectivesWe ask whether supervision and license conditions for offenders reduce re-offending. Our goal is to leverage novel administrative data to estimate the causal effect of the 2014 Offender Rehabilitation Act (ORA), a government flagship policy that introduced supervision and license conditions for offenders released from short prison sentences. MethodsWe deploy a regression discontinuity design exploiting that ORA quasi-randomly assigned offenders to supervision by probation services upon release, depending on whether they committed the offense that led to incarceration before/after a cut-off date. We obtain a causal effect by combining our quasi-experimental method with administrative data from the Ministry of Justice. By linking these data, we construct offender histories and journeys through the criminal justice system, from initial offense, to court appearance, to prison spell, to probationary period (w/wo supervision and license conditions), to – in many cases – re-offending. ResultsWe demonstrate that linkage and analysis for policy evaluation of complex administrative dataset is feasible. We identify the universe of prisoners who were affected by the ORA reform. By linking their prison records with probation records, we verify that they were indeed subject to supervision and license conditions. Via linkage to the court records we identify the type of offense and sentence they received. We are also able to link them to further court appearances. This allows us to not only construct detailed offender histories but also re-offending trajectories at the individual level A preliminary analysis of this novel data suggests that supervision and license conditions may reduce re-offending but only in the first few weeks after release from prison. ConclusionCombining novel administrative data with a credible quasi-experimental approach, we show whether offender supervision and license conditions are an effective and efficient means of decreasing re-offending. We demonstrate that the use of detailed administrative data can be effectively used to evaluate policy interventions in the criminal justice space.
No abstract available
Appropriate supervision strategies are the backbone of community corrections. The success of community supervision is dependent upon the attitudes of both officers and offenders. Despite this, research on offenders’ attitudes toward community corrections supervision is surprisingly very limited. The current study investigated attitudes of officers and offenders toward and predictors of four different community supervision strategies based on data collected in Hubei, China, in 2103 and 2016. The study found that among demographics, community variables, and value factor, the mutual trust value factor was the most important predictor of community supervision strategies by both officers and offenders. Additional findings and policy implications are discussed.
Successful social reintegration is critical if we are to reduce recidivism and crime in general. This voice of people article presents a background case for why effective offender reintegration services are key in South Africa, and the Eastern Cape in particular, through an example of the Offender Reintegration programme rendered by the National Institute of Crime Prevention and Reintegration of Offenders (NICRO). Apart from the paucity of literature on offender reintegration, very few voices from people working directly with these former offenders are ever heard. Therefore, this article seeks to address this gap by contributing to the body of knowledge on offender social reintegration.
For many released prisoners, the period following release is characterized by extreme challenges. The ability to overcome such challenges depends on the services, level of supervision, and type of support available. One type of support offered by the Israeli Prisoners’ Rehabilitation Authority provides a supervisory and rehabilitative framework for reintegration after release from imprisonment, with an emphasis on employment. The present study examines the subjective experiences of ex-prisoners on their journey from incarceration through reentry and reintegration while participating in supervision, treatment, and employment intervention operated by the Israeli Prisoners’ Rehabilitation Authority. Semi-structured interviews were conducted with a sample of released prisoners who successfully completed Israeli Prisoners’ Rehabilitation Authority supervision between 2014 and 2019. The interviews reveal four main themes that in turn identify pathways to “better lives” through the reintegration process.
After serving a prison sentence, sex offenders embark on a community reintegration process, where they usually face several barriers that might negatively affect their successful return to society. Results from semi-structured interviews conducted with sex offenders revealed that participants perceive the economic difficulties, the nature of the crime, and the stigma as the main social factors hindering their community reintegration process. Additionally, prison and parole support are described as insufficient, lacking focus on the specific needs of the participants to act as an effective help. On the contrary, housing and affective relationships were not perceived as major obstacles to a successful reintegration. These findings highlight the need for policies that promote economic opportunities, reduce stigma, and enhance both prison-based and post-release support to facilitate a more effective reintegration process.
Recidivism—the tendency of previously incarcerated people to reoffend—stays one of the maximum urgent demanding situations for crook justice structures worldwide. In Pakistan, this assignment is mainly acute because of intense overcrowding, old punitive approaches, and constrained get right of entry to to established rehabilitation or reintegration projects. Prisons in large part characteristic as webweb sites of containment as opposed to correction, leaving inmates with out the important education, vocational training, or psychosocial aid to reintegrate efficaciously into society. In contrast, worldwide studies from the United States, United Kingdom, and European Union display the transformative ability of rehabilitation-primarily based totally models. The U.S. “Second Chance Act” has funded lots of applications providing vocational training, mentoring, and education, with research inclusive of RAND (2013) reporting a 43% discount in recidivism amongst participants. In the U.K., the Offender Learning and Skills Service (OLASS) and network probation tasks have yielded promising discounts in reoffending, at the same time as in Norway, the “normalization principle” embedded in centers together with Halden Prison has helped obtain a number of the bottom recidivism costs globally (˜20%). This observe examines Pakistan’s contemporary correctional framework, identifies structural and cultural obstacles to powerful rehabilitation, and compares it with worldwide models. Through qualitative evaluation of policies, secondary data, and worldwide quality practices, it explores sustainable reintegration pathways that Pakistan can adopt. The look at argues that with the aid of using transferring from a punitive to a rehabilitative model—anchored in vocational training, education, and network reintegration—Pakistan can wreck the cycle of reoffending and make contributions to safer, greater resilient societies.
Globally, community service sentencing has been adopted as an alternative to incarceration to address prison congestion and enhance offender rehabilitation. In Tanzania, community service was introduced to reduce the overcrowding of prisons while promoting offender reintegration. This study aimed to examine the challenges of implementing community service sentencing for offender rehabilitation at Butimba Central Prison, Tanzania. The particular goals were to identify the significant factors that obstruct community service sentencing performance and explore potential solutions for improving its effectiveness. The study used the Restorative Justice Perspective as the theoretical framework and adapted the case study research design, data collected from 38 respondents through interviews and document review. Findings revealed systemic constraints, inadequate resources, weak legal enforcement, societal stigma, and stakeholder coordination as significant barriers to effective implementation. Other obstacles included inadequate monitoring mechanisms and community opposition, making rehabilitation difficult. The study proposed new policy initiatives, collaboration of the stakeholders, increased funding, and awareness creation to enhance the effectiveness of community service sentences. The study's conclusion emphasised the need for a comprehensive and sustainable framework to strengthen offender rehabilitation and reintegration into society.
This study investigates the extent and impact of overcrowding at the Ado-Ekiti Correctional Center in Nigeria, focusing on the implications for facility operations, resource management, and the rehabilitation of inmates. Overcrowding is a critical issue within Nigerian correctional facilities, compromising the well-being of inmates and diminishing the effectiveness of correctional objectives. Survey Research Method was adopted for this study. Data was collected through questionnaire administered to correctional staff and inmates, revealing that the center operates beyond its intended capacity, leading to strained resources and heightened risks to physical and mental health. Findings indicate that overcrowding negatively affects the delivery of basic services, including healthcare and sanitation, while reducing the effectiveness of rehabilitation and reintegration programs. Contributing factors include high admission rates relative to releases, lack of alternative sentencing options, and insufficient reintegration support. The study also explores the consequences of overcrowding on inmate behavior, reporting increased incidences of stress, violence, and infectious diseases. The findings align with prior research, underscoring the urgent need for systemic reform. To address these challenges, the study recommends alternative sentencing for minor offenders, the introduction of community-based reintegration centers, enhanced vocational training, and legislative reforms for sentencing. By implementing these strategies, Nigerian correctional centers can improve inmate outcomes and operational efficiency, ultimately contributing to a more rehabilitative and sustainable correctional system
The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Social environment is essential for social reintegration of convicts. At the same time, legal psychology lacks explanations of social psychological aspects of reintegration, the function of relationships . This study provides empirical data to make up for the lack of this information. The purpose of the research is to study the role of relations to social environment in the violation of reintegration of persons subjected to administrative supervision. The method of data collection is a survey. The functions of relationships to social environment in supervised persons, as well as personal, interpersonal and social causes of reintegration disorders are studied. The data are processed by the procedures of descriptive statistics, differences are identified by the Kruskall-Wallis criterion, and the functions of relationships are assessed by regression analysis (GLM mediation models). The study sample consists of 695 people, 260 of whom are classified as persons with law-abiding behavior (mean age — 32 .3 years, SD = 9.3 years; men — 77 %). The remaining part is made up of persons under administrative supervision, of whom 243 persons are under administrative supervision. — convicted for a single intentional crime (cf. age — 34,5 years, SD = 9,54 years; males — 77 %); 192 persons convicted more than once, including recidivism (cf. age — 40,2 years, SD = 9,35 years; males — 83,2 %). The results indicate that functional characteristics of attitudes to social environment are indicators of interpersonal and social causes of violation of reintegration of supervised persons into society. New information about the functional of relations to social environment was obtained, their influence on overcoming difficulties and problems related to reintegration was revealed.
For centuries, the purpose of punishment has been as a method of revenge and reaffirmation of state power against the offender of the laws imposed on society, neglecting its duty to reeducate the individual. This article presents a perspective on penalties throughout the history of Law as a means of protecting social and individual rights, demonstrating the importance of alternative sentences and measures as an innovative and restorative element within Criminal Law, listing the main challenges faced in their use, in addition to a quali-quantitative analysis of their applicability within the Brazilian Judiciary, as an effective means for the resocialization of the convict, thus minimizing the existing stigma towards those returning from prison. Finally, it will be demonstrated the great advance and progress from the recognition of the unconstitutional state of things of the Brazilian prison and the consequent incentive to the use of alternatives to punishment as an attempt to mitigate these problems experienced in Brazilian society
The purpose of this study was to explore effective operating strategies for private rehabilitation facilities by conducting a focus group interview with seven practitioners who work at private rehabilitation facilities. Results of the focus group interview identified two main themes, seven sub-themes, and sixteen units of meaning that influence the effective operation of private rehabilitation facilities. As the first main theme, the factors contributing to the effective operation of private rehabilitation facilities were analyzed into two sub-themes: ‘inclusive mindset towards ex-offenders’ and ‘experience-based practice.’ As the second main theme, the factors hindering the effective operation of private rehabilitation facilities were analyzed into five sub-themes: ‘insufficient operating budget’, ‘poor staffing situation’, ‘ineffective services’, ‘inefficient administrative supervision’, and ‘institutional discrimination and exclusion.’ Based on these research findings, this study discussed practical and policy implications for the effective operation strategies for private rehabilitation facilities targeting ex-offenders.
The humanization of execution of punishment has become the main goal of reforming the penitentiary sector on Ukraine’s path to European integration. The penitentiary system changed with the adoption of the Law of Ukraine “On Probation” in 2015. The Law of Ukraine “On Probation”, which defines the principles of the national probation model, created in accordance with the probation standards set out in Recommendation CM/Rec (2010) 1 of the Committee of Ministers of the Council of Europe to Member States on the Council of Europe Rules on Probation. The law defines probation not only as an alternative type of punishment, but also as a measure of influence that has a criminal law and social and educational character. Supervision of the offender is one of the components of probation, and it is considered not only a control function, but also a means of counseling, assistance or motivation. A significant amendment to the Criminal Code of Ukraine is the introduction of a new type of punishment – probation supervision. Probation supervision is a punishment alternative to imprisonment. The peculiarity of probation supervision for juveniles is that this type of punishment is imposed for a period of one to two years. The article is devoted to characterizing the issues of implementation of probation measures in relation to juveniles in modern conditions, taking into account the changes to the current legislation of Ukraine. The concepts of “probation” as a new system of work with convicts and “probation supervision” as a new type of punishment are revealed. The reasons for the introduction of probation supervision into the current legislation are determined. The aspects of probation supervision in relation to juveniles are considered. The author defines the obligations that the court imposes on a convicted person subject to probationary supervision; the obligations that the court may impose on a convicted person subject to probationary supervision. The term of probationary supervision in respect of juveniles has been established. Key words: probation, probation system, probation body, probation for minors, probation supervision, complex impact, sentenced to probation supervision, duties of the convicted.
Social reintegration is the assistance and services given to people upon their release from correctional centres with the goal of assisting them in acclimating to life outside of it and preventing reoffending. However, during the process of reintegration correctional officials are faced with a plethora of challenges. This paper discusses mental health related issues experienced by correctional officials at Roogrond Correctional Centre in the North-West Province in South Africa. This study employed a qualitative research approach and a descriptive research design to capture the mental health issues that correctional officials encountered when reintegrating ex-offenders into society at Rooigrond Correctional Centre. Ten correctional officials of various ranks participated in face-to-face interviews using quota sampling. Thematic data analysis was used, which revealed that mental health issues among correctional officials had an impact on their work when reintegrating offenders back into their communities. Further results indicated that the officials were at higher stress, burnout and emotional fatigue levels, especially when handling offenders who were either resistant to rehabilitation or had difficulties adapting to life after their incarceration. Authorities also emphasized the emotional weight of working within poor interpersonal family relationships, societal aggression and repeated recidivism, which added to the psychological stress. The lack of organisational resources, overwhelming cases and overcrowded correctional settings also added up to mental depletion and job dissatisfaction. Such circumstances weakened the capacity of officials to offer effective reintegration assistance and illuminated the weaknesses in institutional mental well-being assistance. This paper makes conclusions and recommendations to reduce the mental health issues that correctional officials face in overcrowded and rural correctional facilities.
Background: Juvenile offenders are likely to be challenged with family and socio-economic problems that drive them to crime. Rehabilitation and reintegration upon release from prison are issues of prime concern in rehabilitating the lives of such youth. This study aimed at exploring the impact of rehabilitation among juvenile offenders within Palansena Prison, Sri Lanka, through strengthening family resilience and protection of children. Method: Purposive sampling with a qualitative study design was utilized. The study was conducted between January and April 2024, involving 30 juvenile offenders, family members, and community stakeholders were used. Data were collected using semi structured interviews which were thematically analyzed to ask questions about participants' experiences, attitudes, domestic relationships, and reintegration. This method was highly informative for juvenile delinquency and allowed broad based understanding of perceptions at the community level. Results: Key findings were that 72% (n=22) of the adolescents with strong support from their family following rehabilitation had significant reduction in recidivism. In addition, 65% (n=20) of the families had improved relationships and economic conditions, thus contributing to an improved home environment. Further, 50% (n=15) of the adolescents were well-adjusted in society since family bonds were enhanced. Conclusion: The research recommends bringing family-based rehabilitation schemes to halt delinquency among youths and to ensure sustained behavioral change. It also recommends continuous family counseling, community programs for rehabilitation, and child protection systems to effectively safeguard vulnerable youths.
The study examined available institutional mechanisms for the reintegration of offenders in Nigeria and determined if these mechanisms enhance the proper reintegration of offenders into society. These were the views on advancing knowledge about the effectiveness of institutional mechanisms in promoting the reintegration of offenders in Nigeria. Data were gathered through Key Informant Interviews with 16 key informants who were drawn from 2 high-ranking correctional officers, 2 online distance learning correctional tutors, 2 members of the Justice, Development and Peace Commission of the Catholic Archdiocese, and 2 officers of CLEEN (Centre for Law Enforcement Education) foundation in Lagos and Abuja, respectively. Lagos and Abuja were selected because both host medium-level correctional institutions with high-profile convicted criminals. The choice of participants was based on their knowledge about the subject matter. Data were analysed using descriptive thematic analysis. The findings indicated that Inmates’ Internship Programme (IIP), Online Distance Learning (ODL), sporting, vocational studies, guidance and counselling, ICT-coding, and economic empowerment programmes are among the available institutional mechanisms for the reintegration of offenders in Nigeria. The findings also revealed that these mechanisms hardly have any positive impact on the proper reintegration of offenders in Nigeria. It concluded that the effectiveness of these institutional mechanisms is limited due to overcrowding, adversarial inmate-officer relations, and insufficient funding, poor nationwide orientation about the acceptance of offenders, as well as officer misconduct.
This article critically examines the reintegration of child offenders within Tanzania’s juvenile justice system, focusing on Mbeya Region as a case study. Reintegration, as a core principle of juvenile justice, seeks to transform child offenders into productive and law-abiding citizens through rehabilitation, counselling, education, and community support. Despite Tanzania’s commitment to international and national legal frameworks, such as the Law of the Child Act and the United Nations Convention on the Rights of the Child, the process remains weak and fragmented. The study identifies persistent challenges, including social stigmatisation, family instability, limited educational and vocational opportunities, weak institutional coordination, a shortage of trained personnel, inadequate juvenile facilities, and low community awareness. Findings reveal that the gap between law and practice undermines the effectiveness of reintegration efforts. The paper concludes that successful reintegration requires a holistic approach combining institutional reform, family involvement, and community sensitisation to ensure sustainable rehabilitation and social reintegration of child offenders in Tanzania
Ghana’s juvenile justice system lacks formal resources and systems to aid juveniles in transitioning back to society. However, there is limited information available on the reintegration of juveniles in Ghana. This study uses Folkman and Lazarus’ coping theory to investigate the challenges faced by released juveniles and the strategies they use to overcome them. A phenomenological approach was used to gain a deeper understanding of the experiences of 12 male juvenile offenders released from Ghana’s senior correctional center. Poverty, stigma, and limited educational and employment opportunities were identified as the most significant obstacles faced by the participants. However, the study also revealed that juveniles coped by relying on informal support from family and friends, assistance from a nongovernmental organization, and their own resilience. This study highlights the importance of the state providing resources and systems to support the reintegration of juvenile offenders while also recognizing the agency and resilience of these individuals. Their experiences can inform more effective policies and interventions to facilitate successful reintegration.
This article sets out the professional opinions of criminal justice practitioners on what works for the rehabilitation and reintegration of sexual and violent offenders. This primary study utilises a qualitative method informed through ten semi-structured interviews with practitioners in the field of rehabilitation and reintegration. The findings foreground barriers that hinder and aid the rehabilitation and reintegration of sexual and violent offenders such as, doxing, social media vigilantism, and the impact of it. As a result, the findings build on current understandings of the barriers facing individuals who have committed such offences, and what practitioners would deem to be a positive social change in the development of rehabilitation and reintegration initiatives.
The reintegration of ex-offenders remains a critical yet underachieved objective within Nigeria’s criminal justice and social welfare systems. This study interrogates the paradoxical implications of social cohesion among ex-offenders in Port Harcourt, foregrounding findings from a fieldworkbased qualitative investigation. Anchored in Social Disorganization Theory and Labeling Theory, the research explores how sustained interpersonal networks among ex-offenders developed during incarceration and maintained post-release serve as both survival strategies and potential conduits for re-engagement in anti-social behavior. A multi-stage sampling strategy was employed, beginning with purposive selection through community-based organizations, followed by chainreferral (snowball) sampling, which proved most effective in accessing hard-to-reach individuals. Of the 50 ex-offenders interviewed, 48 were recruited through peer referrals, underscoring the depth and density of these informal networks. Data were collected through semi-structured interviews, key informant interviews, and field observations, and analyzed thematically using the NVivo software. Findings reveal a latent form of solidarity that persists among ex-offenders in the absence of structured post-correctional reintegration programs. This social cohesion, while offering mutual support, also reflects the systemic failure to dismantle criminogenic affiliations and institute proactive community-based monitoring. The ability of ex-offenders to locate one another with ease demonstrates not only the weakness of disconnection strategies but also the lack of sustained identity transformation and post-release supervision. In fragile urban environments like Port-Harcourt characterized by high social inequality and institutional neglect this convergence of ex-offenders may inadvertently pose a threat to urban security. The study calls for urgent policy reforms focused on comprehensive reintegration strategies that emphasize post-correctional support, identity reconstruction, and the dismantling of residual criminal networks toensure sustainable desistance and public safety.
The article presented to readers is dedicated to certain aspects of the social reintegration of convicts within the penal legislation of the Republic of Kazakhstan and the Republic of Tajikistan, as well as within the penal activities regulated by this legislation. The article addresses pressing issues related to the social reintegration of convicts, including those who have committed terrorist and extremist crimes. These issues are also relevant for other states in the Central Asian region. The authors, utilizing the latest advancements in penology, recommendations from UN international legal instruments, and statistical data, analyze the current situation in penal activities in Kazakhstan and Tajikistan, highlighting its complexities and contradictions. In particular, the authors critically assess the provisions of the "Strategy for Reforming the Penal System of the Republic of Tajikistan until 2030," concerning the unjust and inhumane division of convicts into those "subject to" and "not subject to" resocialization. Additionally, the article critically examines the shortcomings related to the lack of a scientifically grounded methodological approach to ensuring the social reintegration process of convicts, which exists in Kazakhstan and Tajikistan. Attention is drawn to certain alarming statistical indicators that point to the low effectiveness of social reintegration of convicts, and to mistakes and errors in organizing probation activities. In this regard, the article contains specific proposals aimed at addressing the identified problems and enhancing the effectiveness of social reintegration of convicts under post-criminal supervision. These proposals are of interest both in the context of further development of penology and in improving the process of combating crime through the establishment of effective social reintegration mechanisms for convicts in the Central Asian states.
ABSTRACT New South Wales has the largest population of incarcerated people in Australia, with increasing levels of community supervision. Corrective Services NSW offers eligible people the EQUIPS suite of offender treatment programs, which follow the Risk-Need-Responsivity model of offender rehabilitation. Referrals to the programs are also targeted to meet the specific reoffending needs of individuals, including EQUIPS Foundation, Aggression, Addiction and Domestic Abuse. This study examined the profile of people targeted for treatment in NSW by examining demographic, sentencing and criminogenic characteristics within a cohort of 18,963 individuals allocated to attend EQUIPS programs in custody and in the community between 2015 and 2018. Most individuals allocated to EQUIPS programs (80%) had a history of criminal justice system involvement, were male, with low education and most often from major cities or inner regional areas. Around a third were Aboriginal and/or Torres Strait Islander. Less than half of those referred to EQUIPS participated in at least one treatment session and only one quarter completed the course of treatment. Recommendations for improved program delivery include: 1) more timely risk assessment and allocation to programs during individual’s sentences; and 2) enhancing equitable allocation between custodial and community settings based on individual risk and the types of programs available.
This study critically examines the effectiveness of sanctions applied to minors in Romania between 2014 and 2024, focusing on the comparison between educational detention and non-custodial measures for young people aged 14 to 17 convicted of non-violent property crimes. Against the backdrop of rising property crime rates and expanding community supervision across the European Union, the study investigates whether cognitive-behavioral and restorative interventions—delivered through legitimate, community-based practices—are more effective in reducing recidivism than short-term incarceration for first or low-risk offenders. Employing a multidisciplinary approach, the research integrates doctrinal analysis of the Romanian Criminal Code (Title V), enforcement laws, and European/International standards, comparing Romanian practices with those in Germany, the Netherlands, and Norway. The paper emphasizes the need to reconsider the logic that differentiates offenses warranting imprisonment from those suitable for alternative sanctions, advocating for broader consideration of essential social values and the social implications of criminal policy. Ultimately, the research advocates for a youth justice system in Romania centered on rehabilitation, education, and fairness, guided by evidence-based policy and European best practices.
General Background: Modern criminal justice systems are increasingly shifting toward alternative sanctions to incarceration, responding to the humanitarian, social, and economic burdens of traditional punitive measures. Specific Background: Overcrowded prisons, escalating costs, and rising crime rates highlight the inefficiency of imprisonment-centered policies. Knowledge Gap: Despite international recognition of alternatives, there remains limited comparative research on their effectiveness, legal structures, and practical implementation across diverse legal systems. Aims: This study investigates the legal frameworks, enforcement mechanisms, and operational challenges of alternative sanctions—including community service, house arrest, electronic monitoring, fines, and rehabilitation—across four countries: France, the United States, Saudi Arabia, and Egypt. Results: The findings reveal variations in the success of alternative sanctions based on legislative support, enforcement resources, and public acceptance. Strong institutional backing and legal clarity are key to effective implementation. Novelty: By combining descriptive and comparative analyses using legal texts, judicial decisions, human rights reports, and academic literature, the study uniquely synthesizes multi-jurisdictional insights on non-custodial sanctions. Implications: The research advocates for reinforced legal infrastructures, capacity-building within enforcement bodies, and public awareness campaigns to ensure sustainable application of humane and cost-effective alternatives to imprisonment. Highlights: Shift from prison to humane alternative sanctions Comparative study of four legal systems Emphasizes law, enforcement, and public awareness Keywords: Alternative sanctions, criminal justice, imprisonment, legal systems, rehabilitation
Mental health courts (MHCs) are a growing component of the U.S. criminal justice system's response to individuals with mental illness. Yet, key aspects of contemporary MHC practices, such as eligibility criteria, assessment of risk-need-responsivity principles, integration of trauma-informed care, use of sanctions and incentives, and access to community resources, remain understudied. In response, we conducted a survey study of 70 U.S. adult MHCs to explore these domains. Our findings indicate broadened eligibility criteria, with increases in acceptance of violent offenses and greater inclusion of non-traditional primary diagnoses (e.g., developmental disabilities and traumatic brain injuries). Fewer than a quarter of respondents reported bilingual MHC staff and translated program materials. Most MHCs employed at least one risk assessment tool. Just over 90% of MHCs included jail sanctions on their menu of options, with the majority incarcerating participants for 6 days or less on average. Tailored sanctions and incentives were perceived as being most effective, but expansion of available incentives is hindered by lack of funding. MHCs identified housing, inpatient psychiatric units, and co-occurring disorders resources as the most needed resources for participants. Our findings highlight the differences across MHCs that persist across jurisdictions.
Abstract Community service has become one of the major non-custodial sanctions applied in the contemporary criminal justice systems to provide a viable alternative to incarceration as a response to increased social and economic costs and problems such as prison overcrowding. In this paper, the concept of community service is explored as a developing punitive intervention, its legalization, the concept behind the application, its efficacy, and issues concerning the implementation of this measure. Morally, this change is consistent with the concepts of restorative justice, which puts more emphasis on the accountability of the offenders, their rehabilitation, and reintegration into society as a result of tangible benefits to the community. Community service has a theoretical foundation based on various goals such as facilitating prosocial behaviour, delivering visible punishment and restitution which is commonly proven to be cost-effective and is associated with reduced recidivism rates than custodial sentences. The application of these should be based on strong institutional systems, judicial discretion based on detailed pre-sentencing reports, and good coordination between courts, community corrections and host organisations. The growth of the community service is however challenging with enormous legal and social hurdles. These are the compliance and enforcement concerns in decentralized locations, the fairness and access issues because of the weight put on economically disadvantaged or racially marginalized groups, and procedural fairness and guarding against pressure during the sentencing procedure. Moreover, restrictions in the variability of the programs, the long-term evaluation of effects, and the possibility of net-widening require precaution. The paper ends by recommending the need to have coordinated policies and reforms to ensure that the potential of community service is fully achieved. Some of the recommendations are legislative reforms to integrate principles in restorative justice, better program design relying on evidence and cultural competency, and strengthening collaboration in community capacity building. Community service can be established as a fair, efficient and transformative sanction by emphasizing procedural justice, investing resources, and constant ethical oversight. Keywords Community Service; Non-Custodial Sanctions; Restorative Justice; Rehabilitation; Social Reintegration; Recidivism; Sentencing Practices; Procedural Fairness; Compliance and Enforcement; Equity and Access; Pre-Sentence Reports; Stigmatization.
The inclusion of supervisory sanctions in Indonesia’s new Criminal Code signifies a shift toward non-custodial and rehabilitative forms of punishment, reflecting a broader transition from retributive to corrective and restorative justice. Despite their formal adoption, the regulatory frameworks necessary for their implementation remain underdeveloped. This study examines the normative and philosophical foundations of supervisory sanctions and proposes an integrated legal policy model for their effective application. Employing a normative juridical method supported by statutory, comparative, and conceptual approaches, the research is analyzed within a prescriptive framework. The findings indicate that these sanctions are intended to provide offenders with a second chance through structured oversight and individualized rehabilitation, thereby avoiding incarceration. This study offers a novel insight by presenting an integrated policy model for supervisory sanctions, an approach that has not previously been developed within Indonesia’s legal system. The proposed model outlines mechanisms for enforcement, supervision duration, and reintegration programs. By addressing a critical gap in Indonesia’s penal system, this research contributes original perspectives and a practical framework for the operationalization of community-based criminal sanctions.
Objectives: This study isolates the effects of mental health, substance use, and co-occurring disorders on three distinct dispositional outcomes: incarceration (i.e., jail/detention), non-incarcerative residential placement (i.e., treatment facility), and community sanctions (i.e., fines/restitution or probation). Methods: Using a sample of juvenile offenders from the Pathways to Desistance study (N = 617), a series of logistic regression models were estimated to test the joint and independent effects of mental health, substance use, and co-occurring disorders on the likelihood of detention versus non-incarcerative sanctions. A series of multinomial logistic regression models were estimated to assess whether these disorders increase the likelihood of out-of-home placement (i.e., non-incarcerative residential placement and incarceration) relative to community sanctions. Results: While having any disorder was associated with out-of-home placement, youth with substance use disorders had the greatest likelihood of receiving an out-of-home placement, including detention. Youth with co-occurring disorders were more likely to receive a non-incarcerative residential placement, whereas mental health disorders did not demonstrate a significant effect on adjudication. Conclusions: Youth with mental health, substance use, and co-occurring disorders are treated differently in juvenile court. Using a composite disorder measure and/or not considering various sanction types could mask the effects of such disorders on court outcomes.
No abstract available
Community service has been perceived as a desirable alternative to the use of short-term imprisonment as a response to increasing crime rates. Although heavily used in Western Europe and the Old Commonwealth, its adoption in the United States has been localized and patchy. Use in Asia, South America, and Africa is limited. This article reviews the use of community service in selected countries around the world. It concludes that community service can be used as a pretrial diversion, as a condition of probation or parole, or as an option to work off a fine by an impoverished offender. Very often, it is itself a stand-alone sentence, but it can also be used in addition to other sentences. Some countries give community service a secure place in the sentencing tariff, whether as retributively oriented "hard end" penalties or as rehabilitative and/or restorative endeavors. Others leave usage, within broad qualification criteria, to the discretion of sentencers.
The process of transitioning from prison to the community poses unique challenges for those who have been convicted of sexually based offenses. Due to the realities associated with the unique challenges facing these individuals, the community supervision process fluctuates along the correctional continuum which polarizes rehabilitative and control. The current study examines how this fluctuation relates to both the supervision process and correctional outcomes. Furthermore, the literature suggests five specific checkpoints along this continuum which are measured both qualitatively and quantitatively. The five checkpoints are Social Reintegration, Community Reentry, Status Maintenance, Statutory Compliance, and Risk Management. Overall, all five checkpoints are included in some way in the community supervision process; and analyses show significant links between the checkpoints and correctional outcomes.
The reintegration of high-profile ex-offenders-including homicide offenders, pedophiles, and terrorists-frequently receives great political and public attention. This raises several important questions: how do such offenders reintegrate into society after their release? What is the impact of their prison sentence and media attention on life domains post-release? And, given their presence in the public eye, how do current life course theories account for desistance among this special group? Based on in-depth life course interviews with ten Dutch high-profile ex-offenders and interviews with 17 professionals involved in their reintegration, this study seeks to address a significant gap in academic literature on the role of public attention on reentry and desistance. While none of the subjects reengaged in criminal behavior, all of them significantly struggled in the domains of family relations, parenthood, intimate partner relationships, employment, and housing post-release. This poses challenges in terms of explaining their desistance through life course theory alone. They are frequently in the public eye, which-combined with strict supervision-inhibits them from rebuilding relationships that may act as informal social controls. Findings emphasize the significance of the broader social context of high-profile offenders as well as factors such as time and age, for gaining an understanding of their lived experiences and desistance.
Contrary to public opinion, empirical studies have consistently shown that persons convicted of a sexual offense (PCSO) are less likely to recidivate with a general offense. While researchers often point toward the surreptitiousness of sexual offending to explain low rates of recidivism, this paper tests a novel explanation: SOs recidivate at lower rates than persons convicted of a non-sexual offense (PCNSO) because they are more often revoked to prison before they are able to commit a new crime, perhaps owing to more restrictive post-release supervision guidelines. Using a sample of 196,468 unique male releases, the difference in general and sexual recidivism between PCSO ( Results demonstrated that PCSO were significantly less likely to be reconvicted for a general crime, but more likely for a sex offense. They were also more likely to be reincarcerated due to a revocation without a new sentence. Accounting for revocations, the difference in reconviction risk lessens between the groups but does not disappear. This analysis provides evidence that differences in community supervision are contributing to the difference in recidivism rates between PCSO and PCNSO. Implications and future research are discussed.
The purpose of this review was to better understand the impact of community notification, known as "Megan's Law," on sex offenders' reintegration into the community. Eight quantitative studies that examined the social and psychological impact of community notification on adult sex offenders (N = 1,503) were reviewed. The pattern of results across studies showed considerable similarities despite marked variability in the populations examined, survey methods used, and response rates obtained. Sex offenders rarely reported being the target of vigilante attacks. Substantial minorities reported exclusion from residence and job loss as social consequences of being publicly identified as sex offenders in their communities. The majority of offenders reported negative psychological consequences of notification but also identified benefits of knowing that others were monitoring their behavior. More intrusive notification strategies were associated with higher rates of socially destabilizing consequences. Results are discussed in terms of their policy and research implications.
Halfway houses are a form of community supervision and correctional programming that have become a staple intervention in recent years. Despite the ingrained belief in their benefits with respect to successful reintegration, this assumption may not be justified based on the existing literature. The current study provides a systematic review and meta-analysis of nine studies examining the effects of halfway houses on recidivism. Overall, the findings suggest that halfway houses are an effective correctional strategy for successful reentry (log odds ratio [LOR] = 0.236, z = 9.27, p < .001). Further work is needed to determine best practices for programming and meeting the needs of different participants.
Many offenders struggle when attempting to reintegrate into society after release from prison, and the conditions they face after release often lead to reoffending. The purpose of this paper is to present a conceptual model on reintegration after prison. The model has the potential to guide practitioners in their understanding of the relationships between welfare services and the agency of the offender. The model was developed from a small-scale study in the Norwegian Criminal Justice system, which is well known for its emphasis on rehabilitation and crime prevention. Data collection aimed to explore the reintegration process from the perspective of the hard-to-reach and vulnerable population of serial offenders. Nine prisoners in two different prisons were interviewed. A thematic analysis identified two main themes that related, first, to the personal challenges the offenders faced in the rehabilitation and reintegration process and, second, to the factors in the welfare services that interacted with the prisoners' psychosocial issues in the reintegration process. Findings suggest that the interaction between the psychosocial needs of the prisoners and the organization of the welfare services is complex and does not harmonize. The findings underpin the argument that the current reintegration strategies for certain groups of inmates need to be questioned and challenged. The model is a conceptual model intended to provide a lens from which to reinterpret offenders' experiences of reintegration and applied to only the small and exploratory study described in this paper. As such, it requires further testing and substantiation, and the model and the study's findings should be regarded as tentative and cannot be generalized to a larger population. The prisoners were selected by the first author for convenience, and it is possible that this also influenced the findings. Other inmates may have presented other experiences. There are few studies looking into reintegration from the reoffenders' perspective, and this study also presents a model that serves as a reflective and analytical tool to developing new approaches to supporting offenders in their reintegration into society from prison in the future.
The systemic model of crime has received considerable empirical attention from criminologists; yet, an often-neglected component of the theoretical framework is the role of social institutions as a source of both formal and informal social control. Accordingly, the current study builds on recent research that considers the importance of institutional strength for the reduction of criminal behavior; in particular, the authors assess the impact of social-structural characteristics on the treatment program integrity (i.e., institutional efficacy) of 38 halfway house programs in Ohio. The authors' results indicate that communities suffering from concentrated resource deprivation have a more difficult time creating and maintaining strong institutions of public social control. The implications for criminological theory and correctional policy are discussed.
In Canada, individuals found not criminally responsible on account of mental disorder (NCR) fall under the supervision of a jurisdictional review board (RB) per the Criminal Code. Limited research has examined whether RB decisions balance the needs of public safety with social reintegration as intended by federal legislation. To fill this gap, the present study determined whether forensic decisional outcomes in one provincial RB system accounted for information relevant to violence risk. Study instruments included the Level of Service/Case Management Inventory (LS/CMI), Historical Clinical Risk Management-20 Version 3, and the Revised Violence Risk Appraisal Guide. A retrospective longitudinal design was employed to examine an NCR cohort (
Post-Conviction Traumatic Stress (PCTS) describes the cognitive, psychological, and physiological symptoms of trauma that result from a range of experiences with the criminal justice system. This pilot study aimed to empirically validate the construct of PCTS utilizing the Post-Traumatic Checklist (PCL-5), an existing measure of Post-Traumatic Stress Disorder (PTSD) according to DSM-5 diagnostic criteria. Using mixed methods, the survey asked about the traumagenic impact of arrests, court proceedings, incarceration, probation/parole supervision, and sex offender registration requirements in a sample of people required to register as sexual offenders (RSOs;
This study was a qualitative case study underpinned by "The Silences Framework" aimed at mapping the ex-offender health pathway towards identifying "touch points" in the community for the delivery of a nurse-led intervention. Participants meeting the study inclusion criteria were quantitatively ranked based on poor health. Participants scoring the lowest and endorsing their ranking through a confirmation of a health condition were selected as cases and interviewed over 6 months. Individuals in the professional networks of offenders contextualized emergent themes. The study indicated that pre-release, offenders were not prepared in prison for the continuity in access to healthcare in the community. On release, reintegration preparation did not routinely enquire whether offenders were still registered with a general practitioner or had the agency to register self in the community. Participants identified the site of post-release supervision as the "touch point" where a nurse-led intervention could be delivered.
This article describes the use of a questionnaire to measure offenders' belief in the likelihood of their making a successful re-entry into society after having committed crime, a "belief in redeemability" (BIR) as described by Maruna and King. The 37 items for the scale were taken from statements by offenders about their prospects of making good. This set of items was tested with a pilot group of offenders recruited from clients on parole or on supervised bonds at community corrections offices in metropolitan Sydney, Australia, and their responses were coded to yield a score we called the "BIR" score. We found that scores displayed variance skewed toward an optimistic view, and we then used the items in a card sort task with a panel of graduate psychologists to explore whether the panel could identify underlying components of the broader BIR. There was a measure of agreement on three underlying components and these were further tested using five raters. We called the components that emerged the following: Belonging, Agency, and Optimism; Cronbach's alphas for these indicated acceptable internal consistency. The results are discussed in terms of their congruence with findings in the literature and their use in correctional practice.
Reentry courts facilitate successful offender reintegration into the community following release from incarceration, and many justice-involved veterans may benefit from such services given their elevated risk for deleterious outcomes postrelease. However, effectively engaging court participants is a crucial foundation to achieve the goals of recidivism reduction and global psychosocial improvement. This conceptual article presents an overview of factors that may interfere with a veteran's engagement in reentry court through the lens of both veteran and offender identity. Recommendations for reentry court personnel based on justice-involved veterans' experiences, identity, and unique needs are presented. Careful consideration of these factors and associated practice adaptations may facilitate rapport between reentry court personnel and veteran participants, foster engagement, and ultimately improve outcomes among this unique, at-risk population.
Civilly committed sexually violent persons (SVPs) are a select group of individuals designated as high risk for future sexual violence. Despite risk reduction in older age, SVP programs are seeing aging client populations, with many individuals remaining committed after age 60 (60+). Recent research found a sexual recidivism rate of 7.5% for 60+ individuals released from an SVP civil commitment program. The current paper follows up by examining reasons why individuals remain committed after age 60. It compares SVPs discharged after age 60 to those who are 60+ but remain civilly committed. Results of bivariate analyses reveal older SVPs who remain committed have significantly higher actuarial risk scores and are more likely to be of minority race. Multivariate logistic regression analyses found actuarial risk scores (Static-99R) predicted continued commitment, after controlling for other relevant variables. Barriers to community reintegration and suggestions for multi-disciplinary case management for older SVPs are discussed.
The current trend in dealing with convicted sex offenders is to impose long prison sentences followed by stringent release conditions. Added to this practice has been the policy of making such offenders who have been returned to society more visible to the public. In state after state, sex offender community notification laws have been passed, enabling communities to be put on notice that a convicted sex offender has become a resident. To date there has been little empirical evidence regarding the impact of these laws on managing sex offenders in the community. This study focuses on the social and psychological effects of community notification on sex offender reintegration within those communities where notification has occurred. Data are derived from face-to-face interviews with 30 convicted sex offenders, residing in various locations throughout Wisconsin, who were the subjects of community notification. The findings indicate that community notification can have a critical impact on the minimum essentials needed for the reintegration of offenders within the community. What is proposed is a reintegrative approach which suggests that stable housing and employment would mitigate the disruptive and antitherapeutic effects of community notification.
Reintegration of offenders following incarceration is most successful if matched to the needs of offenders, victims, and the community. This study explored child sex offenders' expectations for and experiences of reintegration into the community. A longitudinal design was used in which semistructured interviews covered issues identified in the literature as being related to reintegration. Nine offenders were interviewed within 1 week prior to release, 3 months post release, and 6 months post release. Interviews were analysed using thematic analyses producing six key themes. The interviews revealed that most of the participants feared their release from prison into the community and once released struggled to live in society. Overall, reintegration planning was simplistic and aimed primarily to manage risk factors rather than promote reintegration. Those participants who reported most satisfaction with their adjustment following release had more comprehensive reintegration plans, which enabled them to visualise what life would be like after release.
In the past decade the sentencing of women in Canada to correctional detention has increased. Compared to the general population, women in conflict with the law tend to have higher rates of mortality and morbidity. This exploratory research investigated health promotion and health-literacy issues for women offenders. Semistructured interviews of 12 women serving probation orders were analyzed. Data analysis highlighted three overarching themes: (a) health information access, (b) networks of support, and (c) tailoring the health system. These findings have relevancy for health promotion practice with women offenders, and implications for correctional services community reintegration programs and community health sectors.
This research examined whether a government-initiated pilot project of mandatory polygraph testing would increase the disclosures made by community-supervised sexual offenders in the United Kingdom. The Offender Managers of 332 pilot polygraph sexual offenders and 303 sexual offenders who were receiving usual community supervision were telephoned quarterly, over a 21-month period, to collect information about numbers of clinically relevant disclosures, the seriousness of disclosures made, and actions taken as a result of disclosures. Perceptions of polygraph usefulness were also collected. Offender Managers in the pilot polygraph group-compared to comparison Offender Managers-reported (a) a higher proportion of offenders making at least one disclosure (i.e., 76.5% vs. 51.2% respectively), and (b) that their offenders made more total disclosures overall (Ms = 2.60 vs. 1.25 respectively). The majority of disclosures made by sexual offenders in the polygraph group were associated with the polygraph session itself. Polygraph Offender Managers reported being more likely to take an action that involved increasing supervision, informing a third party, informing Multi-Agency Public Protection Arrangements (MAPPA), changing supervision focus, or issuing a warning to the offender. However, the relative seriousness of disclosures did not appear to differ across groups. In terms of polygraph test results, one third of offenders (most notably those who were higher in risk) failed their first test with "Deception Indicated." This outcome-received on a first test-was most likely to elicit clinically relevant disclosures. Offender Managers described the polygraph as aiding supervision strategies. This research and its associated caveats are discussed.
Individuals released from prisons to community supervision often experience unstable housing, unemployment, substance misuse, mental ill-health, and lack of support systems contributing to high rates of recidivism. Occupational therapy practitioners have distinct value in promoting engagement in new habits and routines to support "occupation," or development of daily living skills to support community reentry. We developed an occupational therapy (OT) program within a Department of Corrections (DOC) Community Supervision Center in the Midwest United States. The purpose of this study was to determine feasibility and efficacy of an OT program for community reentry. The program was piloted with a sample of five justice-involved men who received OT interventions. Pre- and post-test assessments included a behavioral health interview, demographic survey, five Patient-Reported Outcomes Measurement Information System (PROMIS) assessments, the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) and Activity Card Sort-Advancing Inclusive Assessment. Descriptive analyses were performed to determine goal attainment and compare pre- and post-test scores over time and to a reference population (PROMIS). Staff of the DOC were also interviewed to assess perceived feasibility and efficacy of this pilot. Significant health changes were reported in participant self-efficacy, managing emotions, anxiety, and sleep disturbances (1 > SD). Moderate changes were seen in reduced feelings of social isolation (0.5 > 1SD). It was feasible to implement an OT program with tailored reentry interventions based on unique needs of criminal justice involved individuals. Initial findings suggest OT offers health promotion benefits to reduce risk of recidivism and prepare individuals for community reentry following incarceration.
Contributing to the literature on reintegration and community supervision, we consider the mental health experiences of women parolees and the implications for case management. We consider the different ways mental health considerations are responded to by parole officers and case management staff, identifying areas of tension (e.g., when psychological services are fused with supervision) but also areas of opportunity (e.g., when case management staff forge therapeutic relationships with parolees). Using a grounded approach we explore women's parole experiences and case management practices through a qualitative analysis of parole and casework documents. Our iterative process of document analysis included content and thematic analysis. Mental health is responded to both as a therapeutic need and criminogenic risk. Therapeutic responses entail both formal and informal supportive interventions that often appear welcomed by and beneficial to parolees. Risk-based responses fuse mental health considerations into supervisory frameworks, evidenced by the prominence of mental health-related parole conditions and the role of psychologists as assessors of risk. The tension between treatment and supervision can undermine conditions favourable to responsive case management and the working alliance.
Criminals in Japan with mental disorders face penal servitude in prison or treatment under the Medical Treatment and Supervision Act, depending on their ability to take responsibility for their criminal acts. Forensic psychiatric nurses caring for this group may face various ethical issues. This study aimed to identify ethical issues forensic psychiatric nurses in Japan encountered. We used the Ethical Issues Scale to conduct a survey among forensic healthcare ward nurses and analyzed the data using descriptive statistics. We also conducted semistructured interviews with individual nurses who provided signed consent and responded to the initial survey on ethical issues they encountered. These data were analyzed using Berelson's content analysis. Of 175 nurses, 131 answered our survey. The most frequently encountered ethical issue was "protecting patients' rights and human dignity," and the most disturbing ethical issue was "providing nursing care with possible health risks." Seventy-seven percent of the nurses chose to discuss with peers when resolving the ethical issues. Seventeen nurses who were interviewed described these forensic psychiatric nursing-related ethical distresses and conflicts: difficulty in discharge management, prevention of violence and self-harm, compulsory treatment, patient care, and negative emotions toward patient. Forensic psychiatric nurses in Japan face difficulties regarding respecting patients' rights. They strive to respect patients' rights by using their expertise as nurses while sharing their difficulties with colleagues. It is important to develop a support system for social reintegration to solve ethical issues.
According to the Explanatory Memorandum of the law 4509/2017, a significant change is being made to the current institutional framework of Articles 69 and 70 of the ECHR concerning the penal treatment of mentally ill offenders, in order to ensure a high level of treatment for perpetrators with mental or intellectual disorder. In application of the law, it was examined in court the abolishment, maintenance or replacement of the treatment measure of 47 patients from the Department of Forensic Psychiatry in Thessaloniki. The results were compared with the previous status quo. In 22 cases, abolishment was ordered for the patients to be discharged and return to their parent's home or to Psychosocial Rehabilitation Units. In 11 of them, their stay was in direct violation of the law due to exceeding the cap as defined by the severity of the offense. However, 7 patients remain voluntarily in the Department, as no beds are available in reintegration structures. 13 patients who have committed homicide remain with the psychiatrist's agreement beyond the overrunning the ten years of treatment due to the severity of the disease or the risk for violent behavior. The Public Prosecutor has provided solutions in many cases and has appointed lawyers for all patients as prescribed by law. However, the judiciary remains cautious and the trend towards exhaustion of the limits is clear, despite the fact that their fears are not confirmed by international bibliographic data. The application of N 4509/2017 attempts to change the landscape for this particular group of patients and allows visions for de-institutionalization, elimination of the stigma and personalized treatment, despite any ambiguities or potential problems that may arise. However, as the predominant social viewpoint, shown by the media, treats the mentally ill as dangerous, any positive changes are doomed to fail. In addition, it is necessary to develop psychiatric services for the treatment of patients which will not only treat psychotic symptoms but also antisocial and aggressive behavior in general.
New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice's affiliation with victims' perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime.
People living with psychosis experience excess premature mortality and are overrepresented in criminal legal systems, but little is known about mortality associated with criminal sanctions or diversion in this population. To examine associations of different types of recent (past 2 years) criminal sanction, including court diversion, with mortality among people with psychosis. This population-based, retrospective, data-linkage cohort study was conducted using 6 routinely collected administrative data collections from New South Wales, Australia, relating to health, court proceedings, imprisonment, and mortality. Participants (adults aged ≥18 years hospitalized for psychotic disorders) entered observation at the time of discharge from their first psychosis-related hospital admission (or their 18th birthday if aged <18 years) between July 2001 and November 2017 and were followed-up until May 2019. Data were analyzed between February 2023 and April 2024. Recent (past 2 years) criminal sanction type, a time-varying variable with 5 categories: no recent criminal sanction, recent mental health court diversion, recent community sanction, current imprisonment, and recent prior imprisonment (ie, recent prison release). Causes of death were described, and age- and sex-specific mortality rates by recent criminal sanction type were calculated. In those younger than 65 years, Cox regression was used to examine associations of all-cause and external-cause mortality with recent criminal sanction type, adjusting for sociodemographic, health-related, and offense-related confounders. The cohort included 83 071 persons (35 791 female [43.1%]; 21 208 aged 25-34 years [25.5%]; median [IQR] follow-up, 9.5 [4.8-14.2] years), of whom 25 824 (31.1%) received a criminal sanction. There were 11 355 deaths. In those aged younger than 65 years, recent mental health court diversion, community sanctions, and prior imprisonment were associated with increased hazards of all-cause and external-cause mortality compared with no recent sanction, with the largest adjusted hazard ratios (aHRs) observed for recent prior imprisonment (all-cause mortality: aHR, 1.69; 95% CI, 1.50-1.91; external-cause mortality: aHR, 2.64; 95% CI, 2.27-3.06). In this cohort study of people with psychosis, recent criminal sanctions were associated with increased mortality irrespective of sanction type. These findings suggest that future research should develop strategies to improve health and safety in people with psychosis who have criminal legal system contact.
To better understand the behavioral health treatment needs of adults involved in the criminal justice system and to improve the continuum of services provided to this vulnerable population, Hawaii initiated a data linkage project that connects substance use and mental health data from the state Department of Public Safety with behavioral health treatment data from the state Department of Health for the State of Hawaii. Specifically, this linkage project begins to examine behavioral health treatment levels recommended by the criminal justice system and Hawaii State Hospital inpatient psychiatric admissions. We provide a preliminary summary on individuals who were both involved in the criminal justice system and received court-ordered inpatient psychiatric treatment and outline data governance procedures, future directions, and practice recommendations.
Mental health problems affect the majority of people who face the sentencing process. The fact that a convicted offender has mental health problems may be taken into account in various ways: it may mitigate or aggravate the penalty, or may affect the type of sanction that is imposed or its conditions. At present, sentencing judges use a two-stage process to determine the effect (if any) that an offender's mental health problems should have on the sentencing determination. First, they ascertain whether the offender has a relevant mental health problem. If they find that he or she does, they then decide what effect that mental health problem should have on the sentencing determination. This article compares recent approaches that have been taken to the first stage of this process in Australia and Canada. It highlights difficulties with both approaches, and recommends replacing the current two-stage process with an integrated, single-stage approach.
本报告全面整合了全球六大洲在社区矫正领域的研究进展,呈现出从宏观制度设计到微观精准干预的演进脉络。研究涵盖了:1) 法律框架的现代化,特别是从报应性司法向恢复性司法及替代性刑罚的转型;2) 针对性侵者、精神障碍者及弱势群体(女性、退伍军人)的分类分级管理与权利保障;3) 多元化的社会重返支持体系,强调就业、心理健康与家庭韧性的协同作用;4) 在资源约束(如非洲地区)和突发危机(如COVID-19)背景下的系统韧性与治理挑战;5) 基于实证的成效评估与心理测量工具的开发。整体趋势显示,全球社区矫正正向着更加人道、精准和实证化的方向发展。