Rehabilitation Worker Law
法令番号: 法律第204号
公布年月日: 昭和25年5月25日
法令の形式: 法律
I hereby promulgate the Rehabilitation Worker Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-fifth day of the fifth month of the twenty-fifth year of Showa (May 25, 1950)
Prime Minister YOSHIDA Shigeru
Law No.204
Rehabilitation Worker Law
(Purpose of this Law)
Article 1. This Law is designed to lay down various standards to be applicable to rehabilitation workers who are engaged in the affairs pertaining to the jurisdiction of District Youth Offenders Prevention and Rehabilitation Commissions and District Adult Offenders Prevention and Rehabilitation Commissions under Article 19 of the Offenders Prevention and Rehabilitation Law (Law No.142 of 1949) and to ensure the effective enforcement of the same law.
(Rehabilitation Area and Fixed Number of Rehabilitation Workers)
Article 2. Rehabilitation workers shall be assigned to areas which the National Offenders Prevention and Rehabilitation Commission (hereinafter to be referred to as "NOPAR Commission" ) designates, dividing the area of To, Do, Fu and prefectures (hereinafter to be referred to as "rehabilitation area" ).
2 The total number of rehabilitation workers shall not exceed 52,500 throughout the country.
3 The fixed number of rehabilitation workers in each rehabilitation area shall be determined by the NOPAR Commission after hearing the opinion of the District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders Prevention and Rehabilitation Commission.
4 In determining the fixed number under the preceding paragraph, the population, economic situation, criminal situation and other pertinent factors shall be taken into consideration.
(Recommendation and Selection of Rehabilitation Workers)
Article 3. The rehabilitation workers shall be selected by the Chairman of the NOPAR Commission from among persons who have all the qualifications enumerated in the following items:
(1) A reputation in his community as a person of good character and conduct;
(2) Enthusiasm for rehabilitation work and leisure time to devote himself to such work;
(3) Stable livelihood;
(4) Good health and strong energy.
2 The Chairman of the NOPAR Commission may delegate the power of selection mentioned in the preceding paragraph to the Chairman of the District Youth Offenders Prevention and Rehabilitation Commission and the District Adult Offenders Prevention and Rehabilitation Commission.
3 The selection mentioned in the two preceding paragraphs shall be made from among the persons recommended by the chief of the Youth Supervision Office or the Adult Supervision Office after hearing the opinion of the Rehabilitation Worker Selection Council under Article 5.
(Disqualifying Factors for Rehabilitation Workers)
Article 4. Any person who falls under any one of the following items shall be disqualified as a rehabilitation worker:
(1) Those adjudicated incompetent or quasi-incompetent;
(2) Those sentenced to imprisonment or a heavier penalty;
(3) A person who after the enforcement of the Constitution of Japan, has formed or become a member of a political party or other organization which advocates the overthrow by force of the Constitution of Japan or the government existing thereunder.
(Rehabilitation Worker Selection Council)
Article 5. A Rehabilitation Worker Selection Council shall be established at the location of each District Court as a subsidiary organ of the NOPAR Commission in order to let the Council express its opinion as to the selection or cancellation of assignment of rehabilitation workers in response to the inquiries of the Chairman of the NOPAR Commission, or the District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders Prevention and Rehabilitation Commission.
2 A Rehabilitation Worker Selection Council shall be composed of not exceeding thirteen members.(not exceeding fifteen for the Rehabilitation Worker Selection Council established in Tokyo), one being the chairman.
3 No salaries or allowances shall be paid to any member of the Rehabilitation Worker Selection Council.
4 Except as provided for by this law, the organization, responsibilities, members, and procedure for taking charge of the affairs of the Rehabilitation Worker Selection Council shall be provided for by the Rules of the NOPAR Commission.
(Youth Rehabilitation Worker and Adult Rehabilitation Worker)
Article 6. Rehabilitation workers shall consist of youth rehabilitation workers and adult rehabilitation workers.
2 Youth rehabilitation workers shall chiefly take charge of affairs concerning youth, and adult rehabilitation workers, affairs concerning adult.
3 Each rehabilitation worker shall be classified as youth rehabilitation worker or adult rehabilitation worker by the District Youth Offenders Prevention and Rehabilitation Commission and the District Adult Offenders Prevention and Rehabilitation Commission by consulting with each other.
(Term of Assignment)
Article 7. The term of assignment of a rehabilitation worker shall be two years. However, this shall not preclude him from being reassigned.
(Area where Rehabilitation Workers perform their Duties)
Article 8. Rehabilitation workers shall perform their duties within the boundary of the Rehabilitation Area where they are assigned to work. However, this shall not apply when they are otherwise authorized by the District Youth Offenders Prevention and Rehabilitation Commission or District Adult Offenders Prevention and Rehabilitation Commission.
(Duty of Rehabilitation Workers)
Article 9. Rehabilitation workers shall make constant efforts for the elevation of their character and widening of their vision coupled with the acquisition of knowledge and technique necessary for performance of their duties and attend to their duties in the spirit of social service.
2 Rehabilitation workers shall respect the confidential information concerning the personal affairs of the person concerned which they have come to know in performing their duties and shall not injury their reputation.
(Supervision)
Article 10. Rehabilitation workers shall be subject to the direction and supervision of the District Youth Offenders Prevention and Rehabilitation Commission with regard to the affairs concerning youth, or the District Adult Offenders Prevention and Rehabilitation Commission, with regard to the affairs concerning adult.
(Pay for Rehabilitation Workers)
Article 11. No salaries shall be paid to rehabilitation workers.
2 Rehabilitation workers may, as prescribed by the Rules of the NOPAR Commission and within the scope of the budget, receive a part or the whole of the expenses required for performing their duties.
(Cancellation of Assignment of Rehabilitation Workers)
Article 12. When a rehabilitation worker has come to fall under any item of Article 4, the Chairman of the NOPAR Commission shall cancel his assignment.
2 When a rehabilitation worker has come to fall under any one of the following items, the Chairman of the NOPAR Commission may cancel his assignment after hearing the opinion of the Rehabilitation Worker Selection Council:
(1) In case he has lost any one of the qualifications mentioned in the items of paragraph 1 of Article 3;
(2) In case he has violated official duty or neglected his duties;
(3) In case he has committed an act unbecoming to a rehabilitation worker.
3 The cancellation of assignment under the preceding two paragraphs shall not be made unless the rehabilitation worker concerned is informed of the reason and given an opportunity for explanation. However, this shall not apply to the cancellation of assignment for reason that he has fallen under item (1) or (2) of Article 4.
(Official Commendation of Rehabilitation Workers)
Article 13. The Attorney-General shall officially commend those rehabilitation workers who he deems have rendered distinguished service, after hearing the opinion of the NOPAR Commission and give publicity to such commendations.
(Rules for Enforcement)
Article 14. The procedure for enforcing this Law and other detailed regulations necessary for its implementation shall be determined by the Rules of the NOPAR Commission.
Supplementary Provisions:
1. This Law shall come into force as from the day of enforcement of the Law concerning the Immediate Aid to Offenders, etc.(Law No.203 of 1950).
2. "rehabilitation worker (shiho-hogo-iin)" in the following laws shall be amended as "rehabilitation worker (hogoshi)" :
(1) Articles 19, 39, 41 and 52 of the Offenders Prevention and Rehabilitation Law;
(2) Articles 16 and 30-(2) of the Juvenile Law (Law No.168 of 1948).
3. "rehabilitation worker (shiho-hogo-iin)" in any other laws or orders shall read "rehabilitation worker (hogoshi)" .
Attorney-General UEDA Shunkichi
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru