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NCJ Number: 205818 Find in a Library
Title: Resolving Prison Overcrowding: The Enlargement of Community-Based Treatment in Korea (From Annual Report for 2002 and Resource Material Series No. 61, P 294-303, 2003, -- See NCJ-205803)
Author(s): Joung Jun Lee
Date Published: 2003
Page Count: 10
Sponsoring Agency: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
United Nations Publications
New York, NY 10017
Sale Source: United Nations Publications
1st Avenue and 46th Street
Concourse Level
New York, NY 10017
United States of America

United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
26-1 Harumi-Cho, Fuchu
Tokyo,
Japan
Type: Legislation/Policy Description
Format: Book (Softbound)
Language: English
Country: Japan
Annotation: This paper discusses the enhancement of community-based treatment for offenders in Korea.
Abstract: Prison overcrowding in Korea is not a new issue and was substantially aggravated by the 1997 economic crisis. During the years 1991 through 2000, the average number of inmates in each of Korea’s 44 correctional facilities outnumbered the legal maximum number of inmates allowed. The three main reasons for the prison overcrowding crisis in Korea are attributed to (1) the practice of incarcerating suspects prior to conviction; (2) the public opinion that all offenders should be incarcerated; and (3) the increase in the crime rate stemming from the 1997 economic crisis. The consequences of prison overcrowding include a deterioration of the prison environment and ineffective correctional services, in general. Heavy caseloads and a shortage of correctional staff further dampen the morale of officers and prisoners in the Korean system. The next section focuses on community-based treatment as non-custodial measures available in the Korean criminal justice system. Community-based treatment measures include diversion programs at both police and prosecution levels, fines, suspended sentences, probation, and parole. Diversion programs allow police and prosecutors the discretion to make decisions concerning offenders that can conceivably reduce the number of offenders formally processed through the criminal justice system. Fines and suspended sentences serve the primary purpose of avoiding a sentence of imprisonment. Probation is the most common form of community-based treatment in the Korean system, available since 1963 when the Juvenile Act was amended. The legislative content of probation in each relevant Act is reviewed, including probation in the Criminal Act, probation under the Sex Offender’s Punishment and Victim Protection Act, and probation in the Probation Act. The relationship between probation, Community Service Orders, and Attendance Center Orders is explicated. Parole is the final community-based treatment for offenders and is intended as a mechanism for the early release of prisoners who have demonstrated good behavior during their incarceration. At the writing of this paper, the Korean Correction Bureau had plans to contract one prison to a private entity as a further step toward solving the prison population dilemma. The continuing development of alternative sanctions to incarceration is critical for Korea as well as many other nations. Tables, references
Main Term(s): Foreign criminal justice systems; Korea (North)
Index Term(s): Community-based corrections (adult); Criminal justice system reform; Foreign probation or parole services; Sentencing reform
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=205818

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