Report

A Study on the Problems in the Probation Process of Sex Offenders and the Measures for its Improvement
Type Basic Period 2007
Manager Insook Kim Date 2008-01-03

Characteristics of the recent crimes such as sex offence and murder of a elementary school child and sex offence done on five children in Incheon are either repeated crimes by reprieved sex offenders released from jail or by criminals with previous records for sex offence.   
Despite seriousness of the sex offence crime and increase in number of repeated crimes, there is not a system for inflicting punishment on sex offenders according to the characteristics and the type of crime. This study attempts to develop effective measures for preventing repeated crime of reprieved criminals with relatively light crime tendency associate with sex offence who we believe has relatively better chance of being prevented from committing repeat crimes.   
Content of the research includes official statistics on enforcement of probation, community service order, attendance center order on sex offenders, and in-person interview with public officials on problems associated with execution of probation for sex offenders. The research also includes suggestions for repeated crime prevention measures for the sex offenders who were reprieved. Research methods employed in the research are archival research, statistical analysis on sex crime and punishment, interview with workers at jails, probation offices, and staffs of relevant civil organizations.
Repeated crime prevention measures designed based on results of the research are as follows.
First, The quality of attendance center order should be improved.
In order to improve the quality of attendance center order program, a verification procedure for the program and knowledgeable instructors are necessary. Whether it is suitable for a single organization to support victims and offenders, should be discussed as well in relation to supporting outside instructors. Also, public officials in charge of executing attendance center order should receive professional education on the subject. Budget of attendance center order program should be diversified for this purpose and devices need to be developed for measuring the possibility that sex offenders engage in other sex crime after attendance center order.    
Second, budget should be provided in order to facilitate simultaneous execution of organizations issuing attendance center order.
Probation centers face difficulties in executing the program since only few criminals are charged with attendance center order. Often these criminals from different probation centers are sent to one center participating in the program. To enhance this process, it is necessary to extend the number of regions participating in sex offence-related program. People who received attendance center order should be either provided with housing and food or transportation to assist the process. There should be a separate budge allowed for transportation assistance.   
Third, follow-up management system must be adopted for attendance center order.
If a sex offender receives attendance center order or community service order, a follow-up management system should be conducted regarding the sex offender once they complete the order. Accordingly, continuous management must be provided for the sex offenders even after the completion of attendance center orders in order to prevent them from being involved in other sex crimes. Centers should be established within the regional society as an effort for preventing repeated crime. These centers should operate in cooperation with Ministry of Justice, probation centers, jails, and local authorities to continue to manage criminals who completed attendance call orders.
Fourth, individualized education programs for each type of sex crime and sex offenders are necessary.
Education on sex crime differs according to the type of crime. Thus the education needs to be individualized according to the type of crime. Currently, education is done separately for teenagers and adults. The age of victim should be considered in separating education for child sex offence and adult sex offence. There is a possibility for pedophilia in case of child sex offence, so the education and treatment should be individualized according to each individual sex offender.
Sex offenders are different from regular criminals and they do not reveal the characteristics associated with the crime. Thus, a special policy designed only for the sex offenders including such as  probation, community service order, and attendance center order, should be created in order to better analyze and manage such features of sex offenders.

Fifth, a cooperation structure between the court of justice and probation center is necessary. 
When reprieve or probation of punishment is assigned, probation and other orders are decided under the decision of the court of justice. Since probation center executes the decision made by the court of justice, there should be a close link between two entities. The reason that probation and attendance center order are not given simultaneously is assumed to be lack of knowledge of a court of justice regarding the effect of probation system or lack of trust in current probation system. Thus, probation center should actively publicize the system in order to provoke response from the court of justice and to focus on preventing repeated crime of sex offenders.

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