Law for the Immediate Aid to Offenders, etc.

(Purpose of this Law) Article 1. The purpose of this Law is to ensure that immediate and appropriate rehabilitating aid be given to the persons listed below who request and need it upon release from physical restraint by way of criminal procedure in order to prevent them from the danger of committing further crime and that emergency help be accorded to persons under Supervision (Hogokansatsu) under the provisions of Article 40 of the Offenders Prevention and Rehabilitation Law (Law No.142 of 1949) and also to realize the sound growth and development of the works relating to such rehabilitating aid: (1) persons who have completely served penal servitude, imprisonment or penal detention; (2) persons for whom the execution of penal servitude, imprisonment or penal detention has been remitted; (3) persons eighteen years old or over who are under suspended sentence of penal servitude or imprisonment after the rendition of the sentence; (4) persons for whom public action has not been instituted owing to absence of necessity of prosecution.

(Definition) Article 2. In this Law, the "rehabilitation aid" shall mean to help the persons indicated in each item of the preceding Article become good law. abiding citizens and thus to assist them in their rapid rehabilitation by means of providing such short-time aid as helping travelling-back-home, or granting or loaning money or other articles, or such continuous aid as affording lodging accommodation, giving necessary culture, training, medical treatment, recreation or job and effecting the betterment and adjustment of their environments, in the case where they do not receive any aid from their relatives or friends or they do not receive medical treatment, lodging accommodation, occupation and other aid from public health and welfare agencies or other institutions or in the case where it is considered that they may not be rehabilitated with all such aids. 2 In this Law, the "rehabilitation works" shall mean those works which afford rehabilitating aid and also those works which guide, coordinate or develop such works.

(Responsibility for and Limits of Rehabilitating Aid) Article 3. Rehabilitating aid shall be provided to persons indicated in each item of Article 1 on the responsibility of the State and to an extent necessary for their rehabilitation. 2 Rehabilitating aid shall be given directly by the Chief of the Youth Supervision Office as regards the persons under twenty-three years of age or by Chief of the Adult Supervision Office as regards the persons twenty-three years old or over or by local public entities or those who operate rehabilitation work after obtaining the licence under Article 5 paragraph 1 (hereinafter referred to as "aid societies" ) to whom the Chief refers such persons, under the supervision of the National Offenders Prevention and Rehabilitation Commission (hereinafter referred to as "NOPAR Commission" ) and the District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders Prevention and Rehabilitation Commission respectively. 3 Rehabilitating aid shall be given to individuals only upon their request for a period not exceeding six months after their release from physical restraint to which they were subjected by way of criminal procedure. 4 In affording rehabilitating aid, efforts shall be made to help the individual receive necessary help from public health and welfare agencies or others and also to promote the efficiency of aiding activities, thus shortening the period of aiding and decreasing the expenses for rehabilitating aid under this Law. 5 In case it is deemed necessary to give an occupation to the individual receiving aid, Public Employment Security Offices shall endeavour to give him an occupation suitable for his ability in cooperation with those who are affording such aid in accordance with the provisions of the Employment Security Law (Law No 141 of 1947).

(Procedure for Commencement of Rehabilitating Aid) Article 4. Rehabilitating aid shall be provided upon application of the individual only when the chief of the Youth Supervision Office or the chief of the Adult Supervision Office finds it necessary. 2 The public procurator or the warden of prison shall, wen the persons as referred to in any item of Article 1 are going to be released from physical restraint by way of criminal procedure, inform them that they have the right to apply for the rehabilitating aid provided for by this Law as well as the procedure for the application. 3 The chief of the Youth Supervision Office or the chief of the Adult Supervision Office shall hear the opinion of the public procurator who participated in the criminal procedure of the individual concerned or the opinion of the warden of prison where he was detained, before determining the necessity of rehabilitating aid in accordance with the provision of paragraph 1. However, the same shall not apply in the case where he has come to fall under Article 1 item (1) due to the expiration of the period of release on parole. 4 When the Chief of the Youth Supervision Office or Adult Supervision Office wishes to refer an individual for the rehabilitating aid in accordance with the provision of paragraph 2 of the preceding Article, he shall endeavour to select the most suitable one for giving the same aid to the individual concerned out of the local public entities or the aid societies and to make close contact with the selected, in advance, in order to effect smoothly the same aid. The same shall apply in case the District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders. Prevention and Rehabilitation Commission intends to refer the individual to an aid society for emergency help in accordance with the provision of Article 40 paragraph 2 of the Offenders Prevention and Rehabilitation Law.

(Licence for Operating Rehabilitation Work) Article 5. Any person other than the State or local public entities who wishes to operate rehabilitation work shall obtain a licence beforehand from the NOPAR Commission by submitting the application containing the following matters: (1) Name of aid society; (2) Office; (3) Kind and affairs of rehabilitation work, and method of treating the persons being aided; (4) Name, address, career and means of the founder, and means of the person responsible for the management; (5) Principle of financing; (6) Scale and structure of buildings and other equipment, and the authority to use them; (7) Name and career of the person responsible for the management and other staff members taking actual charge of the affairs of the rehabilitating aid; (8) Act of endowment, constitution and other basic agreements. 2 When the application for licence under the preceding paragraph has been made, the NOPAR Commission shall screen it according to the following standards and shall grant the licence to any person whose work has reached the same standards: (1) That the person who wishes to operate rehabilitation work must be financially stable; (2) That management structure and financial policy must be the same as or similar to that of a non-profit foundation; (3) That person responsible for the management must command public confidence; (4) That scale and structure of buildings and other equipments must reach the standards set forth by the Rules of the NOPAR Commission; (5) That those in actual charge of the affairs of the rehabilitating aid must have qualification or experience, and enthusiasm and ability as prescribed by the Rules of the NOPAR Commission; (6) That the method of culture, feeding and other treatment of persons being aided must reach the standards set forth by the Rules of the NOPAR Commission; (7) That any person who wishes to conduct an employment exchange project, must have a licence to conduct such project in accordance with the provisions of the Employment Security Law. 3 When the NOPAR Commission lays down the standards under items (4) and (6) of the preceding paragraph, it shall respect the provisions of the Labour Standards Law (Law No.49 of 1947) as well as orders issued thereunder and pay attention not to violate the provisions of the same Law. 4 To the licence under paragraph 1, the NOPAR Commission may attach the conditions which, as regards the term for operation of rehabilitation work, its kind or affairs, etc., the Commission feels necessary for the performance of the purpose of this Law.

(Rehabilitating Aid given by Aid Societies) Article 6. Aid societies shall commence to give rehabilitating aid to the individual when he is referred to them from the Chief of the Youth Supervision Office or Adult Supervision Office under the provision of Article 3 paragraph 2. 2 Any person under supervision of a District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders Prevention and Rehabilitation Commission under paragraph 2 of Article 40 of the Offenders Prevention and Rehabilitation Law may be referred to aid societies by the Commission for emergency help. 3 Aid societies may, when they think it necessary for rehabilitating aid or emergency help to the person referred to them, ask local public entities, Public Employment Security Offices or other organizations or agencies concerned, public or private, for cooperation or if they think it especially necessary, themselves conduct employment security project for such person in accordance with the provisions of the Employment Security Law.

(Alteration of Licensed Matters and Dissolution of Aid Societies) Article 7. When aid societies wish to alter any one of the matters as referred to in items (1) to (3) inclusive or in items (5) to (8) inclusive of Article 5 paragraph 1, they shall, in advance, obtain license from the NOPAR Commission by clarifying the reason for alteration. 2 The provision of Article 5 paragraph 2 shall apply mutatis mutandis in case where an application for permission under the preceding paragraph has been made. 3 Before dissolution, aid societies shall, in advance, obtain the consent of the NOPAR Commission as to the time of dissolution by giving adequate notice concerning the reasons for dissolution, the disposition of the persons being aided by the same societies and the method of disposing of their properties and also returning any unexpended subsidies given to them under the provisions of Article 12.

(Supervision over Aid Societies) Article 8. Aid societies shall report to the NOPAR Commission in writing about their work program for the next year by December 1, their activities in the previous year by the end of February and their financial condition in the previous fiscal year within 60 days from the end of each fiscal year. 2 Aid societies shall keep the following books at their offices in accordance with the provisions of the Rules of the NOPAR Commission, and enter necessary matters therein without delay: (1) Book which clarifies the status and result of rehabilitating aid; (2) Roster of the persons being aided; (3) Account-book; (4) Book indicating the name of each donor of contribution as well as the amount of contribution; (5) Ledger of money and articles in custody. 3 To attain the purpose of this Law, the NOPAR Commission may request aid societies to make report on the matters which it thinks necessary besides the matters under paragraph 1 and make the officials of the District Youth Offenders Prevention and Rehabilitation Commissions and District Adult Offenders Prevention and Rehabilitation Commissions examine the facilities, books, status of work administration and other necessary matters of aid societies. 4 The NOPAR Commission may, when aid societies are found not in conformity with the standards under Article 5 paragraph 2, order such aid societies to take necessary measures in order to meet the standards under the same paragraph of the same Article.

(Restriction or Prohibition of Operation of Work) Article 9. In case where aid societies have violated the conditions under the provision of Article 5 paragraph 4 or Article 14 paragraph 2, or failed to make application for licence under Article 7 paragraph 1, to make report under paragraph 1 of the preceding Article, to keep books and enter necessary matters therein under paragraph 2 of the same Article, or to comply with the request to report under paragraph 3 of the same Article, or violated the order under the provision of paragraph 4 of the same Article without proper reason, the NOPAR Commission may restrict the operation of the rehabilitation work, or order suspension of the work, or revoke the licence mentioned under Article 5 paragraph 1. 2 In case an aid society is a juridical person, the provision of the preceding paragraph shall apply when the director or the officer who carries out the business has engaged in activities for personal profits. 3 In case a person (other than the State or local public entities), who operates rehabilitation work without a license under provisions of Article 5 paragraph 1 has engaged in activities for personal profits in connection with the work, or acted improperly as regards the treatment of individuals being aided, the NOPAR Commission may restrict the operation of the rehabilitation work by such person or order the suspension of such work. 4 In case the NOPAR Commission makes such disposition as the restriction, suspension of the work or revocation of the license under the provisions visions of the preceding three paragraphs, those who are subject to such disposition shall be given an opportunity for explanation before the official designated by the same Commission. In this case, the NOPAR Commission shall in advance inform them in writing of the reason for such disposition as well as the date when and place where they are to give explanation. 5 Those who have received the information under the preceding paragraph may appear by proxy and produce evidences favourable to them. 6 Those to whom the explanation has been given shall prepare the record of the explanation and also a report containing the opinion as regards the decision on the disposition, and submit them to the NOPAR Commission.

(Rehabilitation Work operated by Local Public Entities) Article 10. Local public entities may operate rehabilitation work. 2 When a local public entity wishes to operate rehabilitation work it shall in advance notify the NOPAR Commission of the matters as referred to in items (1) to (3) inclusive and in items (5) to (8) inclusive of Article 5 paragraph 1. The same shall apply in case it wishes to alter any one of such matters it has notified. 3. The provision of Article 7 paragraph 3 and the provision of paragraphs 2 and 3 of Article 8 shall apply mutatis mutandis to a local public entity which operates rehabilitation work.

(Rehabilitation Work Council) Article 11. In order to deliberate on the important matters concerning the improvement of rehabilitation works in response to the inquiries of the Chairman of the NOPAR Commission, there shall be established the Rehabilitation Work Council (hereinafter referred to as "the Council" ) as a subsidiary organ of the NOPAR Commission. 2 The NOPAR Commission shall ask the opinion of the Council in each of the following cases; (1) When it makes disposition of granting or denying a licence under Article 5 paragraph 1; (2) When it establishes the Rules under Article 5 paragraph 2 items (4) to (6) inclusive; (3) When, in accordance with the provisions of Article 9 paragraphs 1 to 3 inclusive, it restricts the rehabilitation work or orders the suspension of such work, or revokes a licence mentioned under Article 5 paragraph 1. 3 When the Attorney-General lays down the standards under paragraphs 1 and 2 of the next Article, he shall ask the opinion of the Council. 4 Except as otherwise provided for by this Law, the organization of and the business handled by, and the members and other officials of the Council shall be provided for by Cabinet Order.

(Disbursement of Expense and Subsidy) Article 12. The State shall disburse the expense incurred by the reference of individuals under the provision of Article 3 paragraph 2 according to the standard established by the Attorney-General conferring with the Minister of Finance. 2 The State may grant a subsidy to aid societies for the expenses as referred to in any one of the following items, within the limit of budgetary appropriations and also according to the standard established by the Attorney-General conferning with the Minister of Finance: (1) Business expenses of aid societies; (2) Expenses for the improvement of equipments by the order under Article 8 paragraph 4. 3 The reference of individuals under Article 3 paragraph 2 shall be made within the limitation that the amount paid by the State in accordance with the provision of paragraph 1 of this Article does not exceed the budget allotted.

(Redemption of Expenses for Aid) Article 13. The Chief of the Youth Supervision Office or Adult Supervision Office shall collect the expenses under paragraph 1 of the preceding Article from the individual concerned or those under duty to sustain him, within the period it designates. However, the same shall not apply in the case where the Chief is convinced that neither the individual nor those under duty to sustain him can bear the expense. 2 The actual business of collecting expenses under the provision of the preceding paragraph may be entrusted to the mayor of city, town or village (including the special ward;hereinafter the same) where the individual or those under duty to sustain him reside or his (or their) properties are located. 3 In case the actual business of collecting expenses has been entrusted to the mayor of city, town or village in accordance with the provision of the preceding paragraph, the State shall deliver to the city, town or village the money corresponding in amount to 4 percent of the money collected.

(Solicitation of Contributions) Article 14. In case any person who operates or wishes to operate rehabilitation work wishes to solicit contribution to raise the fund necessary for the operation of the work, he shall obtain the permission from the NOPAR Commission by submitting to it a report stating the period, area and method of solicitation and the use of contributions, at the latest one month before they commence the solicitation in accordance with the provisions of the Rules of the NOPAR Commission. 2 The NOPAR Commission may impose some conditions to the permission under the preceding paragraph concerning the use of contributions and the disposition of properties obtained by such contributions. 3 Any person who has solicited contributions with the permission under paragraph 1 shall, without delay, report the result of the solicitation to the NOPAR Commission in accordance with the provisions of the Rules of the NOPAR Commission after the lapse of the period of contribution.

(Official Commendation) Article 15. The Attorney-General shall, after hearing the opinion of the Council, officially commend the aid societies or officials engaged in rehabilitation work who have made an excellent showing, and give publicity to such commendations.

(Auxiliary Provisions) Article 16. The provisions of this Law shall not be interpreted to preclude the application of the Labour Standard Law and orders issued thereunder to rehabilitation work.

(Penal Provisions) Article 17. Any person falling under any one of the following items shall be punished with penal servitude for a period not exceeding six months or a fine not exceeding fifty thousand yen: (1) Any person who has violated the order for restriction or suspension as referred to in Article 9 paragraphs 1 to 3 inclusive; (2) Any person who has continued to carry on the rehabilitation work notwithstanding that the licence was revoked in accordance with the provision of the revocation of a licence as indicated in Article 9 paragraph 1 or 2; (3) Any person who has solicited contributions without the permission under the provision of Article 14 paragraph 1; (4) Any person who has used the contribution or disposed of the properties obtained by such contributions in violation of the conditions under the provision of Article 14 paragraph 2.

Article 18. Any person falling under any one of the following items shall be punished with a fine not exceeding ten thousand yen: (1) Any person who has failed to keep books as referred to in Article 8 paragraph 2 items (3) to (5) inclusive or failed to make necessary entries or made a false statement; (2) Any person who has failed to make a report under the provision of Article 14 paragraph 3 or made a false report.

(Provisions for Enforcement) Article 19. The procedure of the enforcement of this Law and other detailed matters necessary for the implementation of the same Law shall be provided for by the Rules of the NOPAR Commission.

Supplementary Provisions: 1. This Law shall come into force as from the day of its promulgation. 2. The Judicial Protection Service Law (Law No.42 of 1939) shall be abolished. 3. With regard to the application of the penal provisions to any act committed in violation of the Judicial Protection Service Law prior to the enforcement of this Law, the precedents under the former provisions shall apply. 4. Those who are operating the judicial protection service with the licence under Article 3 of the Judicial Protection Service Law at the time of enforcement of this Law may be regarded as those who operate the work with the licence under Article 5 paragraph 1 of this Law only for six months after its enforcement. 5. The Law for Establishment of the Attorney-General's Office (Law No.193 of 1947) shall be partially amended as follows: In Article 1 paragraph 3 "rehabilitation (Shihohogo)" shall be amended as "rehabilitation (Kosei-hogo)" . Article 13-(7) shall be amended as follows:

Article 13-(7). The National Offenders Prevention and Rehabilitation Commission, District Youth Offenders Prevention and Rehabilitation Commissions and District Adult Offenders Prevention and Rehabilitation Commissions which are local branch organs thereof, and the Rehabilitation Work Council and Rehabilitation Worker Selection Councils which are subsidiary organs of the National Offenders Prevention and Rehabilitation Commission shall be in accordance with the provisions of Offenders Prevention and Rehabilitation Law (Law No.142 of 1949), the Law for the Immediate Aid to Offenders, etc.(Law No.203 of 1950) and the Rehabilitation Worker Law (Law No.204 of 1950).

6. The Local Tax Law (Law No.110 of 1948) shall be partially amended as follows: In Article 13 item (11), "Judicial Protection Enterprise based on Judicial Protection Enterprise Law (Law No.42 of 1939)" shall be amended as "rehabilitation works based on Law for the Immediate Aid to Offenders, etc.(Law No.203 of 1950)."