234 JUVENILE JUSTICE SYSTEM IN THAILAND Duangporn Ukris* I. BEST PRACTICE IN THE INSTITUTIONAL TREATMENT OF JUVENILE OFFENDERS A. Development of Model Treatment Programme Provided Separately from Adult Offenders 1. Introduction Juvenile delinquency refers to the behavior of non-adults which violates the rules and regulations set by the government or society. Today juvenile delinquency is a major problem in both developed and developing countries. As a result of the growth in science and technology, industrialization, urbanization and the intensive flow of information, Thailand right now is facing a transition in values. The existence of the value transition can be marked by the diminishing of traditional values, the emergence of new values such as changing family patterns and lifestyles, and the lessening of community social controls. Along with this growth and changes, the number, rate and spread of juvenile delinquency, especially drug abuse among children and teenagers is apparently increasing. As per the statistics complied and published by the Central Observation and Protection Center, the Ministry of Justice during 1996–2000. Juvenile Justice System Juvenile justice is a system distinct from the adult system and it has been created by legislation; the Act Instituting Juvenile Courts, B.E.2494 (1951) and the Juvenile Procedure Act, B.E.2494 (1951). As a result, the Central Juvenile Court and the Central Observation and Protection Center were established by virtue of the Act in 1952. For the eleven years that followed the Acts were amended to extend to the juvenile courts’ jurisdiction and to bring speedy trials in criminal cases in the interests of the child or young person. Recently, the Act instituting the juvenile and family court and its procedures relating to juvenile and family cases of 1991 superseded all 13 juvenile court laws and amendments. The new Act has extended the court jurisdiction to cover all family matters as provided by the family law, the civil and commercial code. In criminal proceedings and the welfare of juveniles, the law has clearly defined and revised certain provisions to protect the rights of children and young persons. Organizations The Juvenile and Family Court (JFC) is a constituent of the organized judiciary of Thailand. It is a specialized court of the first instance within the meaning of the constitutional Court of the Justice. At present, there are 10 Juvenile and Family Courts and 24 Juvenile and Family Sections in provincial Courts. All juvenile and Family Courts have similar comprehensive structures. They consist of two separate but coordinating parts; judiciary and administration. The Court is staffed by career judges and associate * Acting Superintendent, The Sirindhorn Vocational Training School Thailand
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JUVENILE JUSTICE SYSTEM IN THAILAND
Duangporn Ukris*
I. BEST PRACTICE IN THE INSTITUTIONAL TREATMENT OF
JUVENILE OFFENDERS
A. Development of Model Treatment Programme Provided Separately from Adult Offenders
1. IntroductionJuvenile delinquency refers to the
behavior of non-adults which violates ther u les an d r egu la t ion s se t by th egovernment or society. Today juveniledelinquency is a major problem in bothdeveloped and developing countries.
As a result of the growth in science andt ech n o log y , i ndu st r ia l iza t ion ,urbanization and the intensive flow ofinformation, Thailand right now is facinga transition in values. The existence ofthe value transition can be marked by thediminishing of traditional values, theem erg en ce o f n ew v a l ues su ch aschanging family patterns and lifestyles,and the lessening of community socialcontrols. Along with this growth andchanges, the number, rate and spread ofjuvenile delinquency, especially drugabuse among children and teenagers isapparent ly inc reas ing . As per th estatistics complied and published by theCentral Observation and ProtectionCenter, the Ministry of Justice during1996–2000.
Juvenile Justice SystemJuvenile justice is a system distinct
from the adult system and it has been
created by legislation; the Act InstitutingJuvenile Courts, B.E.2494 (1951) and theJuvenile Procedure Act, B.E.2494 (1951).As a result, the Central Juvenile Courtan d t he Cen tr a l O bs erv at ion an dProtection Center were established byvirtue of the Act in 1952. For the elevenyears that f o l low ed the Ac ts wereamended to extend to the juvenile courts’jurisdiction and to bring speedy trials incriminal cases in the interests of the childor young person.
Recently, the Act instituting theju v eni le an d fa mi l y c our t a nd i t sprocedures relating to juvenile and familycases of 1991 superseded all 13 juvenilecourt laws and amendments. The new Acthas extended the court jurisdiction tocover all family matters as provided bythe family law, the civil and commercialcode. In criminal proceedings and thewelfare of juveniles, the law has clearlydefined and revised certain provisions toprotect the rights of children and youngpersons.
OrganizationsThe Juvenile and Family Court (JFC)
is a constituent of the organized judiciaryof Thailand. It is a specialized court of thefirst instance within the meaning of theconstitutional Court of the Justice. Atpresent, there are 10 Juvenile and FamilyCourts and 24 Juvenile and FamilySections in provincial Courts. All juvenilean d Fam ily Cou r ts ha ve s imi larcomprehensive structures. They consist oftwo separate but coordinating parts;judiciary and administration. The Courtis staffed by career judges and associate* Acting Superintendent,
The Sirindhorn Vocational Training School
Thailand
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judges (lay judges). A quorum consists ofassociate judges.
The administration is divided into:
1. Office of the Courts’ registrar2. The Observation and Protection
Center (OPC)
The Observation and Protection Center(OPC)
The OPC was established to serve theJFC before the trial of juveniles andfami ly a f fa ir s cases an d a f te r th eadjudication of juvenile cases, moreoverto carry out other activities according tothe orders of the court as well as tocorrect and rehabilitate juveniles to begood citizens.
Pr o fes s i ona l pe rs onn e l in c l ud eprobation off i cers , so c ia l workers ,psychologists, physicians, psychiatrists,etc. There are 34 centers throughout thecountry.
In 1993, His Majesty the King wasgraciously pleased to proclaim that thenew Constitution B.E.2540 (1997) hadbeen enacted. Under this Constitution, allcourts of justice became independent.Consequently, the constitution for theorganization of the courts of justice of2540 (1997) governs all courts of justicewhich are separated from the Ministry ofJ us t i c e an d a new or g an iza t ion alstructure and administration was set up.The OPC still remains under the office ofthe Permanent Secretary, Ministry ofJustice.
2. Juvenile Case ProcedureAn overview of the juvenile justice
system and juvenile case procedure inThailand shall be described in pursuanceo f t he j uv eni le la w an d c r i min alprocedure.
Pre-adjudication processUnder the criminal procedure code any
injured person may file a complaint to thepolice against a child or young person.When a child or young person is allegedto have committed an act against the law,hi s c as e sh al l be c ommen c ed an dinvestigated by an inquiry police officer,as required by ordinary criminal casesbut the handing of a juvenile offender ismore informal and lenient.
A competent inquiry police officer, whois assigned to a case, has the power toconduct an investigation within histerritorial jurisdiction:
• where an offence has actually beencommitted,
• is alleged or believed to have beencommitted; and
• the offender is residing or has beenar res ted wi th in h is te r r i to r ia ljurisdiction.
(i) ArrestIn principle, a chi ld shal l not be
arrested for an offence unless a flagrantoffence or an injured person identifiedand insisted on the arrest or a warrant ofarrest is made in pursuance of thecr im in al pr oc edur e c ode . A f terapprehension, the police officer in chargeof the case or who keeps the child oryoung person in custody is required bylaw to notify the Director of the OPC, hisparents, guardians or a person withwhom he is residing.
(ii) InvestigationThe officer shall conduct an initial
inquiry and is required to complete thiswithin 24 hours from the time a child oryoung person has arrived at his office. Hewill then refer him to the OPC. Furtherinquiry, if needed may proceed under thelaw.
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(iii) Detention and Provisional Release on Bail
In general, a child or young person maybe detained during investigation at thepolice station or in a remand home of theObservation and Protection Center(OPC). The Director of the OPC may, if hethinks fit, keep him in custody. Under thelaw, a request for provision release onbail of the arrestee shall be made to thecustodial authorities as the case may be.
(iv) The OPC is empowered and vested by law to perform the main functions as follows;
a. Preparing a social investigationreport concerning a child or youngperson such as historical background,fa mi l y , o c c up at i on, educ a t ion ,character, crime motive and othersocial data.
b. Preparing a report on both physicaland mental examination.
c. Preparing an observation report inthe case of a child or young personwho has been detained in a remandhome.
A soc ia l i nv es t ig at ion r epor t i srequired in every case, except pre-hearinginvestigation which is not necessary intrivial cases. In the process a probationofficer who is in charge of the case willdeliver an investigation report to thepol ice within 18 days. The o ff i cer ,usually, will conclude his case in 6 days,then forward an inquiry file attachedwith the report to the public prosecutorwho has discretionary power to decide inpursuance of the procedural law whetherto enter or drop the change.
The Director of the OPC will submitthe report together with his routinerecommendation on causes of delinquencyto the JFC.
(v) Prosecution and Deferred ProsecutionIf the public prosecutor decides to
institute prosecution, he has to enter acharge in the JFC within 30 days fromthe day in which a child or young personhas been arrested. In case of necessitywhen the charge against the offendercannot be filed within the mentionedperiod, the pol i ce o ff i cer or publ icprosecutor who is responsible for the caseshall apply by motion to the court fordeferment.
In case of a grave offence where theminimum imprisonment is 5 years orover, the court may, if it thinks’ fit, grantlonger deferment.
(vi) TrialThe JFC procedure will be informed
and simplified for the interest of a childor young person. The judge in charge ofth e c ase m ay ca l l t he a cc u sed fo rquestioning or explain the proceedings inorder to assist him. The trial is held inprivate. The persons present at the trialare the accused, parents, guardians, legaladvisory, witness, prosecutor, members ofthe court and other persons permitted bythe court. Photographs, reports on factspresented at the inquiring proceedingsare not to be released to the public. Anattorney shall not be appointed in thejuvenile court, except a legal advisor. Ifthe child or young person has no legaladvisor, the court shall appoint one forhim if it considers it desirable.
(vii) AdjudicationAfter the trial is completed, prior to a
judgment or an order being given, thecourt will hear the report and opinion ofthe Director of the OPC, including hisrecommendation for measures to betaken.
The JFC always takes the followingmeasures;
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1. Admonish the child or young personand then discharge.
2. Discharge parents or guardian withprobation order.
3. Place under the care of person oror ga ni zat ion t he c our t t hi nksdesirable.a. Suspended judgment with proba-
tion order.b. Suspended judgment without pro-
bation order.4. Commit into juvenile institution.5. Substitute imprisonment to commit
into juvenile institution order.6. Suspension of judgment with
probation order7. Fine8. Imprisonment
B. Designing a Case Management System to Provide Individualized Treatment
Treatment and rehabilitation forjuvenile delinquents in Thailand areadministered by the OPC. There are 2treatment programmes for as follows;
1. Non-institutional treatmentProbation service. Probation is used by
the JFC to place an offender at libertyunder the supervision of a probationofficer for a period prescribed the court.Probation is commonly used on firsto f fen der c ommitt in g an of f ence o frelatively minor nature.
The following conditions prescribed bythe court under the supervision of theprobation officer are as follows:
1. Forbidding the child or young personto enter any place or locality whichmight corrupt him.
2. Forbidding the child or young personto leave his residence at night timeexcept in case of necessity.
3. Forbidding the child or young personto associate with any person who isdeemed undesirable by the court.
4. Forbidding the child or young personto do any act which might corrupthim.
5. Order the child or young person topresent himself from time to time tothe court or probation officer or socialworker who was assigned by theDirector of the OPC.
6. Order the child or young person totake up education or carry on anysubstantial occupation.
A pr obat ion o f f i ce r pro vid essupervision and personal guidance toprobationers through regular home visitsand interviews them during the probationperiod, and exercises his/her professionalskill and knowledge of local resources tomeet the needs of the probationer and,where necessary, that of their familymembers f o r f in ancia l ass is tanc e,employ men t , e tc . The pr oba t ionsupervision is brought back to the courtsfo r r ev iew f rom t ime to t ime . T heprob at ion r epor t wi th de t a i ledin form at i on p ert a in in g to th eprobationer’s behavior is considered tosee h ow h e / sh e ha s im prov ed an dwhether there are reasons for revocationof the original order.
Th e Ministr y o f Ju st i ce and theProbation Division of the OPC operates avolunteer scheme for probationers whichaims at providing greater communityinvolvement in the rehabilitation ofoffenders as from 1995. Under thisscheme, selected volunteers provideprobationers with personal and moralsu ppor t a nd he lp t hem dev e lopmeaningful hobbies, habits, cultivate
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healthy pursuits, find jobs and providetuition for them.
The volunteer, however, will not takeover the role of the probation officer whois dealing with the legal aspect of dutiesand solving the behavioral problems oft he pr obat i oner . Th e vo lu nt eer i sexpected to assis t a probationer inactivities which require no professionalskills.
Suitably recruited volunteers will begiven a training and orientation courseconducted by the OPC and Department ofProbation, Ministry of Justice before theyare considered ready for service. Based onthe probation cases, probation officersmay select a suitable volunteer from thepool of unmatched volunteers to assist aprobationer. Once a case is matched, it isthe duty of the probation off icer toregularly contact the volunteer to keeptrack of the progress of service and tor ev iew i t s e f f e ct iv enes s on th eprobationers.
2. Institutional TreatmentA t ra in in g s c hoo l i s a ju ven i l e
institution receiving juveniles committedby the JFC for protective and innovativemeasures in lieu of a penal sanction.Juvenile institutions set up in the OPCare divided into 3 types;
1. The Training School (There are 22t ra i nin g s ch ool s f o r ma les an dfemales in the whole country)
2. The Vocational Training School(There is 1 school.)
3. The Therapeutic Community Center(There is 1 center.)
Training SchoolThese schools take juveniles through
the order of the JFC, where it appears tot he c our t t ha t o th er mea ns o frehabilitating them has failed. It should
also be noted that these juveniles are notin any sense seriously demoralized. Theobjective of a juvenile training school is tofacilitate readjustment to society and topr omote sou n d g row th t h rou g hdisciplined communal life, academic andvocational training, counseling and livingguidance.
At present, there are 12 trainingsc h oo ls f o r boy s a nd 10 fo r g i r l sthroughout the country. Since juvenilesare committed to the training schools inorder to receive reformative treatmentand are still at the stage of characterformation, educational programmes areconducted. The school programme aims todevelop adjustment skills and life skills ofinmates through regular guidance,vocational training, education, moral andreligious instruction and recreationalactivities. While most of these activitieshelp instill specific disciplines in them,general discipline is encouraged througha system of granting or revoking rewardsan d pr iv i l eges . The rew ar ds an dprivileges used include home visits, pre-release among others, participation inspecial activities, etc.
At the beginning of their stay, stress isplaced upon developing the social skillsrequ ired to ma inta in good h uma nrelations with other inmates. In the pre-release period guidance is provided tohelp juveniles prepare for return tooutside social life after release. Juvenilesare given the opportunity to return tosociety as well as to adjust themselves totheir families and society. This trainingschool provides various programmes forjuveniles, they must choose the coursethat they prefer and for which they haveenough skill, except juveniles who did notfinish compulsory school who have tostudy until they finish. Programmes ofthese schools are as follows:
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(i) Academic education.Juveniles will be placed at a level
relative to their previous academichistory prior to their admission. Thecurriculum of educational programmesand standard of education are undersupervision and controlled by the Non-Formal Education Department, Ministryof Education.
(ii) Vocational training.Vocational training is provided in
t ra in ing sc h oo ls s o as t o enh an c eemployment opportunities. Each trainingschool arranges different vocationalcourses depending on the employmentmarket and resources in that area.Juveniles are encouraged to qualify forofficial licenses and certificates. Thesecover a wide range of craft and technicalsubjects including printing, carpentry,w e ld i ng , a i r - c ond i t i on r epai r i ng ,electricity, automobile repairing, hair-cutt ing, ceramics , music t ra ining,agriculture, dress making, women’shandicrafts, cookery, etc. An inmate whohas passed the examination of hair-dressing will be given a certificate, issuedby the Ministry of Education, and ani nma te wh o pas ses t he i r w e ld in gexamination will be given a certificateissued by King Mongkut’s Institute ofTechnology, North Bangkok.
(iii) Treatment serviceThese services are provided by social
workers and psychologists in order todevelop juveniles’ ability to functioneffectively with peers and family and toc h an ge j uv en i les ’ b eh avi or a n dpersonality. These services inc ludeadvice, guidance, psychological tests,group activities, etc. which are employedb ased o n th e n eeds a nd pr ob lemspresented by juveniles. Moreover, thesocial workers will provide social servicesto all inmates who get into difficulties
and need services during their training inthe training school.
(iv) Spiritual and religious servicesSpiritual and religious services include
the development of moral and spiritualvalues. Advising shall be helpful in aidingthe solution of individual and familyproblems. Army moral instructors andvolunteers from outside impart socialvalues and moral instruction.
(v) Medical servicesMed ic a l ser v i ces pr ov ide
comprehensive health care education,health care ranging from routine physicalexamination by nurses and screeningprocedures to diagnosis, treatment andfollow up of illnesses and other medicalproblems.
(vi) Sports, recreation and athletics.Offer the juveniles the opportunity to
engage in constructive activities, toestablish peer relationships and todevelop the discipline necessary toimprove a skill or gain respect for goodphysical health. Games and sports areheld daily to provide fun and recreation,promote interaction, encourage theproper use of leisure, compliance withrules and develop a spir it of groupparticipation.
Regard ing the evaluat ion o f thetreatment programme, the social worker,the instructor and housemaster willevaluate the result of the treatment. Aninmate whose treatment is satisfactorywill be given certain rewards such ashome visits, or pre-release, or release in ash ort - te r m sen ten ce o r be ab le toparti cipate in special activ ities, oroutings, etc. Juveniles may be releasedsooner depending on the evaluation of thetreatment. On the other hand, juvenileswill be released at the end of a certain
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period even if the result of his treatmentis not satisfactory.
The conduct of a juvenile staying in thetraining school is evaluated by means ofascertaining his behavior under sevengeneral criteria, which are as follows:
1. Performance at training school, study,vocational training, work
2. Personal appearance3. Language4. Behavior5. Respect for authority6. Care of property7. Co-operation
The Director of the OPC is powered tosend an incorrigible juvenile who is asource of danger to other juveniles fordetention in prison.
(vii) ParoleA juvenile offender who has been
conditionally released on parole from theTraining School by the decree of the JFC.The term of parole supervision is usuallyup to the remaining term of his or hersentence with early discharge in case ofserving the period of training for one-quarter and good behavior.
Screening of inmates for release onparole is under the conditions as follows:
• Good result of treatment andrehabilitation
• Good home condition• The JFC makes the decision to
release a juvenile on parole.
Supervision of parole process is thesame as the process of supervision ofprobationer.
(viii)Aftercare serviceAftercare plays an important role in
the social reintegration of release from
the Training School, the VocationalTraining School and the Drug AddictionTreatment Center. It is duty of the SocialWork Sub-division, the OPC to do suchthings as are necessary to ascertain themodus vivendi of juveniles released frominstitutions with a view to assistingthem, in so far as may be possib le.Aftercare commences soon after anin mat e i s a dmit ted a nd in c lu desindividual casework aimed at building aso lid foundat ion of confidence andfr iendship between the inmate, thefamily and the social worker. The socialworker provides solid support to both theinmate and his or her family and thoseunder statutory supervision (probationand parole) overcome obstacles to theirrehabilitation.
Regarding the aftercare services, suchservices are for the released inmates ortheir families who are confronted withproblems. In such a case, the socialworker will take care of juveniles andtheir families and give advice on howthey solve problems and what kinds ofservices will be provided such as bus-fares, scholarships, job placements, basicamenities and personal utilities, etc.
H ow ever , th e ex is t i ng j uv eni leinstitutions for juvenile delinquencyespecially in Bangkok cannot affordeffective treatment and rehabilitationsystems due to inadequacy of buildingsand scarcity of equipment and lack thecapacity to administer and operate theprogrammes, to the effect that contents oftreatment and rehabilitation becomedegraded and insufficient.
Un der th e a bove men t ion edaggravated circumstances in 1991, theCentral Juvenile and Family Court, theMinistry of justice, endeavoring to attainmore efficient rehabilitation of problemyouths, made a plan to newly construct a
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Vocational Training School to helpunlawful youth return to society inNakorn-prathom Province near Bangkokarea by a request to the Government ofJapan for the grant of aid for the project.Th e ob je c t i ve o f th is pro j e ct i s t oconstruct a model vocational trainingschool functioning as an innovated modelschool along with its implementation ofprogressive innovative treatment andrehabilitation, and is expected to enhanceand strengthen the functions and systemsof juvenile corrections of Thailand. Underthis request, the government of Japanapproved this project by granting aid andtechnical assistance. The construction ofthis project was started on February 17,1994 and completed on March 31, 1995.The Vocational Training School was openon January 15, 1996. This school hasserved 910 trainees from 1996–2001.
Thailand, has a remarkable situationo f drug abuse among chi ldren an dteenagers and it is increasing year byyear. The Central Juvenile and FamilyCourt is endeavoring to attain moreefficient treatment and rehabilitation fordrug addicts by the establishment of theDrug Addict Treatment Center and theDrug Rehabilitation Center in Bangkokas pilot projects. These Centers werestarted on June 8, 1994.
In 1994, the Ayudthaya TherapeuticCommunity Center was opened to servejuvenile drug addicts as well.
In 2001, the Drug Addict TreatmentCenter and the Drug RehabilitationCenter which were to be used as pilotprojects were closed after a follow up andevaluation of ineffective treatment andrehabilitation. At present, only theAyudthaya Therapeutic CommunityCenter still remains.
O th er m aj or t op ic s s u ch as th edeve l opmen t o f mod e l t r eat men tprogrammes for juveniles and drugaddicts as well as designing a casemanagement system for individualtreatment in the Vocational TrainingSchool and the Ayudthaya TherapeuticCommunity Center, will be explainednext.
The Vocational Training SchoolThe capacity of the school is for 200
persons. The salient features of theVocat ion al Tra in ing S ch oo l (VTS)emphasize positive working attitudes ofjuveniles as well as helping juveniles toacquire working skills, arrangements forjuveniles to undergo a test of the TradeSta ndar d Test i ng Committ ee , th eMinistry of Labour and Social Welfare.They conduct effective treatment andoperate 8 vocational training courses. Thecapacity of the school is 200 persons peryear.
(i) EnrollmentDue to the reasons that the VTS has
limited capacity, the new system oftreatment correction and rehabilitation isjust introduced in order to get the mostqualified outcome. It is not possible forevery vocational training course to enrolljuveni les at the same t ime, so theenrollment schedule and number ofjuveniles are f ixed. Each vocationalcourse enrolls 13 juveniles twice a yearfor 7 courses, except for the constructionvehicle operation course which enrolls 18juveniles once a year and the schoolprovides 8 vocational training courses asfollows:
• There are 1-year courses (1,216hours) in machining, automobilemaintenance, printing, welding andsheet metal , woodwork, electr icwiring and air-condition repairing
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• There is a 6-month course (608 hours)in construction vehicle operation.
(ii) Selection SystemIn Tha i la nd we d on ’ t ha ve a
classification system to enroll juveniles tothe VTS. We set up a selection system inorder to select juveniles under theselection conditions prescribed as follows:
1. Male2. Aged 14 through to 18 (until 24 years
if specially admitted by case)3. Juveniles who are not afflicted with
any great physical or mental disorder4. Duration of training is 6 months or
more for the construction vehicleoperation course and 1 year for othervocational courses.
5. Juveniles can read and write.6. Juveniles who have appropriate skills
for vocational training and interestsin vocational training.
The Selection Committee from theOPC selects and screens a juvenile’srequirements for training in the VTSform under the enrollment of the VTSschedule.
The committee will review that formand recommend juveniles for selection.The Superintendent wi ll make theselection decision.
(iii) Dormitory PlacementWe arrange the dormitory for juveniles
Introductory Stage (1 month)The introductory stage is 1 month prior
to the opening of the vocational trainingcourse. The stage has the followingprocedure:
• AdmissionAfter juveniles are sent to the VTS,
they have to register and have a phototaken, their body checked, take a shower,get their uniform and necessary items,have a physical examination and have abrief introduction regarding the basicrules of the VTS.
• OrientationOrientation starts on the 2nd day of
arrival at the VTS by a housemaster,vocational instructor, social worker,psychologist, nurse, librarian, and chief ofsecurity. The main themes of orientationare rules, regulation, training system,activities, and services. In order to reducetension, motivate juveniles to improvebehavior and encourage the responsibilityto abide by the VTS’ s regulations.
• Treatment ProgrammeSelf-supporting work
For new admissions, juveniles areassigned to self-supporting work such ascleaning the cafeteria, washing dishes,cleaning floors of the dormitory andagriculture work. In order to encouragejuveniles to devote themselves, to givethem the opportunity to learn about theirbasic responsibilities and work withothers.
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Medical servicesA physical and mental check up service
is provided to every juvenile, includingknowledge about hea lth education ,prevention of communicative diseases,basic health care, treatment healthpromotion which is conducted throughmorning exercise and sport. Responsiblestaff are physical instructors, nurses, etc.
Vocational trainingAt this stage juveniles will study basic
secu ri ty in workshop and hyg ien eprovided by instructors in charge of eachvocational course.
• Evaluation and UpgradingEvaluation
All juveniles sent to the VTS arei ns tan t ly c at egor ize d i n g ra de 4 .Conditions, privileges and services forjuveniles in grade 4 are assigned to doself-supporting work and get permissionfor parents to visit once a month. Ther esu l t o f p erfo r ma nc e , con du ct ,adjustment, group activities are used toevaluate juveniles.
UpgradingAfter 1 month, the committee shall
hold a meeting to make a consideration asto whether to upgrade juveniles to grade3.
Intermediate Stage (10 months)This stage takes 10 months and is
D u ri ng th e in te rmed iat e s t ag ejuveniles learn about relevant advancedtechniques and practice to improve theirskills. Aside from vocational training,juveniles are required to attend academicclass in order to widen their academicknowledge and undergo corr ect ive
treatment and rehabilitative programmesas mentioned in individual plans.
• Treatment ProgrammeSelf-supporting work
At this stage juveniles are assigned tohave self-supporting work the same as atthe introductory stage
Medical servicesThis programme is available on many
topics to enhance knowledge of juvenilesabout health protection, for example, theprevention of AIDS, prevention of drugabuse, sex education, unity promotion,spor ts pr omot ion , e t c . Phy si ca linstructors and soc ia l workers areresponsible for these programmes.
As for sick juveniles, nurses will takecare of them. For severe cases, they aresent fo r t reatment at hosp ita ls bysecurity guards.
Sports, recreation and athleticsOffer the juveniles the opportunity to
develop the discipline necessary toimprove skills or gain good physicalhealth. Sports are held daily to providerec r eat ion , pr omot e in ter ac t i on ,enc ou ra ge pr oper us e o f l e i s u re ,compliance with rules and develop aspirit of group participation.
Academic educationAcademic education consists of 3 levels
as follows:
1. Compulsory (6-month course)2. Junior high school (1-year course)3. Senior high school (1 and a half years)
This course is started for only half aday every Saturday and instructors fromth e b ra nc h C ent er o f Non -Forma lEducation, Ministry of Education conductthis course. Moreover every juvenile hasto do self-study in the dormitory at night
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t ime under the supervis ion o f th ehousemaster.
Vocational trainingThe basic course consists of theories
and basic practice. The training period forthe basic course is 7 months.
The advanced course consists o ftechniques , pract ice for improvingjuveniles ’ skills, providing workingexperiences. The training period for theadvanced course is 3 months. Aftercomplet ion of th is course the ski llstandard testing of the Department ofSkill Development, Ministry of Labourand Social Welfare will be provided.
Rehabilitation programmeAt th is s tage, the rehabi l itation
programme is done in accordance with anindividual plan. This programme can bedone through an individual or groupprocess, such as case/group guidance,individual counseling, role playing, rolelettering etc., depending upon a juveniles’problems in individual plans. Responsiblestaff are social workers, psychologists andhousemasters.
Special activities by volunteers or other organizations
The VTS cooper at es wi th o th erorganizations and volunteers outside toarrange projects of activities such asc am pin g pro j e c ts , job p la cem entprogrammes, short course vocationaltraining, giving lectures, walk rallyactivities, etc.
• Evaluation and UpgradingEvaluation
For this stage, we evaluate juveniles 2times:
1. From grade 3 to grade 2: juveniles are in grade 3 for 3 monthsbefore being considered for upgrade to
grade 2. The conditions, privilegesand services for juveniles in grade 3allow them to do self-supporting workand get permission for parental visitsand write letters to their parents 2times a month. They can attend someof the activities organized by the VTSor volunteers outside.
2. From grade 2 to grade 1: juveniles are in grade 2 for 4 monthsbefore being considered for upgrade tograde 1. The conditions, privilegesand services for juveniles in grade 2allow permission to visit and writeletters to their parents 3 times amonth and join observation tours andother activities
The results of progressive vocationaltraining, academic education and theimproving of their attitudes towards lifeand performances are used to evaluatejuveniles.
UpgradingAt this stage, juveniles are in grade 3,
and after 3 months the committee shallhold a meeting to make a consideration toupgrade juveniles to grade 2.
After 4 months, the committee shallho l d a meet i ng ag ai n to c on s iderupgrading juveniles to grade 1.
before the release date. Its procedure isas follows:
• Treatment ProgrammeSelf-supporting work
Juveniles are assigned to have self-supporting work, only laundry work atthis stage.
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Medical servicesThis is the last check up on juveniles’
health by nurses and doctors beforerelease.
Academic educationThe academic education course will be
completed at the pre-release stage.
Vocational TrainingAt this stage, in order to provide
juveniles with more opportunity to gainprofessional experience, juveniles whohave satisfactory training results can goout for job training and, for those who area llowed, t raining outs ide they canpractice within the VTS set up.
• Rehabilitation programmePreparation for release
For this s tage the ob jective is topr ov ide m ore expe ri enc es ab outvocational training and social skills.Juveniles were required to attend specialact iv i t ies . Many top ics of le cturesprovided from lecturers outs ide orobservation tours to significant places,factories, and education institutions or tobe volunteers of social services, etc.
Besides preparing juveniles, guidancefor their families is necessary too. Themain idea is to guide parents aboutjuveni les ’ jobs , education, servicesavailable in society, including the propercare of juveniles.
• Evaluation and UpgradingAt this stage juveniles are in grade 1.
Conditions, privileges and services forjuveniles in grade 1 allow them to go backand spend a night stay at home duringweekends. They can join every activity.The juveniles are entitled to pre-releaseand after care services. Moreover, the lastmonth before their release date, twentyjuveniles in dormitory 3 will get special
privileges by staying without securityguards. The juveniles feel more free.
• ReleaseRelease divided into 2 types;
1. Release without parole is applied toju ven i l es wi th t he f o l lowi ngqu al i f i c at i ons ; a ju v eni le ha scompleted the vocational course,shown progress in evaluation resultsand is upgraded to grade 1.For juveniles who complete thesequ al i f i c at i ons , t he VTS w i l limmediately send their release reportto the court for consideration forrelease without condition.
2. Release under parole is applied tojuveniles who have completed thevocational training course but theres ul ts o f ev a lu at ion ar eunsatisfactory and their grade lowerthan grade 1. Their release report willsent to the court for consideration forrelease with conditions.
• Aftercare servicesSocial Work Sub-division, the OPC will
take care of released juveniles who areconfronted with problems by givingadvice, providing many kinds of servicessuch as job placements, aftercare hostels,foster parents, basic amenities andpersonal utilities, schools or vocationalschools for juveniles, scholarships, etc.
Follow up after release; the VTS willstart to follow up 1 month after juvenilesar e r e le ased f r om th e VTS byquestionnaire. Follow up is continued for1 year after juveniles are released.
The Drug Addict Treatment CenterThe Drug Addict Treatment Center
will receive drug dependents who weresentenced by the Juvenile and FamilyCourt.
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• The objectives of the center1. To assist the juvenile to gain insights
into their behavior, attitudes andredirect counterproductive behaviorpatterns and anti-social attitudes intomore positive and constructive ones,furthermore, to change the juvenilesto be responsible persons.
2. To enhance the juveniles copingcapabilities, trust of others andimproved self-image.
3. To rehabilitate and assist thejuveniles to change themselves to begood citizens and return them tosociety free from drugs.
• The aims of the compulsory treatmentand rehabilitation programme are asfollows:
1. Restoration of physical health2. Uprooting psychological and emo-
tional dependence on drugs.3. Juvenile treatment and rehabilitation
b y app ly in g th e t her a peut iccommunity models and techniques.
• Treatment and rehabilitation programme
The therapeutic Community Model andtechniques have been applied throught rea tme nt an d r eh ab i l i tat ionpr og ra mmes in t h e D r ug Add i ctTreatment Center. These programmesare divided into 3 stages as follows:
Rehabilitation StageThis stage is to root out psychological
and emotional dependence on drugs andrestore physical health. Furthermore,family therapy is employed based on then eed an d pr ob l ems pr esen ted byjuveniles. The participation of parentsand family in the rehabilitation process isencouraged.
Treatment StageThis stage is to assist the juveniles to
gain insights into their behavior and
attitudes, and redirect counterproductivebeha vior pa tter ns an d ant i - soc i a lat t i t udes i nt o mor e p os i t iv e an dconstruct ive ones and enhance thejuveniles coping capabilities, trust ofo th er s an d i mpr oved se l f - ima ge .Individual and group counseling isconducted on a regular basis throughoutthe period of treatment. This workprogramme is aimed to improve thejuvenile’s personality and encourage goodwork habits, establish self-confidence aswell as a sense of responsibility. At thesame t ime , in or der to implem en ttr eat men t a nd r eha bi l i ta t io nprogrammes more effectively, the DrugAddict Treatment Center has appliedtherapeutic community models andtechniques through treatment andrehabilitation programmes, such as thetherapeutic community’s philosophy,unwritten philosophy, basic (who youare? what you do?) rules and regulations,ch a i ns o f c omma nd for s ta f f an dresidents, cardinal rules (no physicalviolence, no use of drugs, no sexualcontact), basic house rules, rules of thehouse (morning meetings, encountergroups , seminars, house meetings,general meetings, static groups, hair cuts,confrontation, peer confrontation)
Re-entry StageTh is s t ag e i s f o r ju v eni le ’ s
rehabilitation and assistance in order toreturn and adjust themselves into societyby freedom from drugs. This center willarrange and provide the following re-entry activities:
Preparation for releaseJuveniles will be prepared one monthbefore release, this duty is under theresponsibility of the social worker,nurse and housemaster who willprovide general knowledge to makejuveniles prepare themselves forre leas e . Bes i des , j uv en i les a re
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required to attend special activitiesoutside the center. Parent meetingswill provide for guiding parents onh ow to look a f te r th e re l ease djuveniles.
After care servicesThis center plays an important role inthe social reintegration and dischargefrom the center. The social worker onafter care duty will provide solidsupport to both juveniles and theirfamilies and others who may assistjuveniles’ rehabilitation.
Follow up and evaluationA follow up will be started afterjuveniles have been released from thiscenter f or 1–3 months by homevis i ting , te lephone ca ll ing , andquest ionnaires sent to re leasedjuveniles and their parents. Socialworkers on follow up duty will usethis informat ion for solv ing thejuveniles’ problems or providing socialwork services for them to adjustthemselves to society free from drugs.
C. Establishing a Case File/Record System and Linking it to an Offender Database and Statistical Compilation System
In Thailand, the OPC has just startedto develop a computer programme for ajuvenile database 2000. This database isseparated into 6 parts as follows:
1. Part 1 remand home2. Part 2 criminal investigation3. Part 3 supervision4. Part 4 guardian supervision5. Part 5 family affairs6. Part 6 training school
At present, this database is beingtested and improved.
II. BEST PRACTICE IN THE MANAGEMENT OF
ORGANIZATIONS PROVIDING INSTITUTIONAL TREATMENT TO
JUVENILE OFFENDERS
A. Strategic Utilization of Limited Financial Resources and Maximizing Cost-effectiveness
Every year the OPC receives a limitedf is ca l bu dg et . I t ’ s n o t en ou gh f o rorganizational management to provideinstitutional treatment for juvenileoffenders.
The OPC provided a budget to the VTS2 times per year (6 months per time) formanagement and administration of theVTS. For special projects the VTS gets aspecial budget, which is separate fromthe fiscal budget.
In my opinion , the f i scal budgetprovided by the government is limited inits ability to develop the VTS. Strategicutilization of limited financial resourcesand maximizing cost-effectiveness of theVTS is as follows
1. Set up priority for works and projects.2. Set up criteria for works and budgets.3. Distribute each budget for the priority
of works and projects, respectively.4. Emergency works or projects will be
especially considered by the VTScommittee and special expenditurewill be paid by the VTS foundation.
B. Staff Training: Designing Training Systems and Curricula to Enhance Skills and Integrity
The OPC don’t have staff trainingcourse institutions. For staff training theOPC provides 3 types as follows:
1. The curriculum that is conducted bypersonnel, the sub-division which is
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changed year by year depending onthe budget
2. Sending staff to attend outsidecourses.
3. Request for training by each staff.
In Thailand we don’t have speciallydesigned training systems and specialc u rr ic u lu ms es pec ia l ly f o r th eenhancement of integrity.
C. Managing Public Relations and Obtaining Public Trust in Correctional Services
The OPC and the VTS maintain goodpu bl i c r e la t i ons b y keep in g g oodcooperation and collaboration from GOsand NGOs. Those GOs and NGOs providemany kinds of activities for juvenilesduring institutional treatment and afterrelease.
III. CONCLUSION
Some lessons are to be drawn from thebefore-mentioned Thai experiences in thedevelopment of institutional treatmentfor juvenile offenders. First, the basicdefects in the non-institutional treatmentand institutional treatment systems,whether potential or not, such as the lacko f inten s i ty in t he cont in uan ce o fprotective and innovative measures orthe lack of diversity in treatment andrehabilitation terms and programmes arecrucial to the effective management andadministration of juvenile treatmentsystems. This kind of defect cannot berectified by an effort of a single school orcenter, however hard it might try. Itneeds concerted action of all schools orcenters and related agencies throughoutthe country following the model systemsapproach.
Sec ond , dev e lopm ent ca n b eu n der taken on ma na gem ent an dadministrative matters to some extent
within the basic framework of thedevelopmental systems. Although thenew model system may make a school orcenter more effective, the new modelsy st ems a l one mig h t n o t pr oduc eexpected results unless and otherwise allschools or centers and related agenciesare determined to affect the necessaryfollowing.
Th ird , dev e lopmen t needs someexperimental at tempt to verify thedirection of development, sufficientpreparation particularly in terms ofcomplete understanding among staff ofall schools or centers and related agenciesand, of course, courage in their decision tocarry them out.
H ow ever , t he a bov e -men t ion eddevelopment is certainly not a panaceafor juvenile problems. It will be a help,but it should anticipate well planned,be tter cooperated and coord inatedmeasures with the wider participation ofall schools or centers and related agenciesthroughout the country so as to meet alljuveni le inst itut ions ’ developmentsystems.
For development of a model treatmentpr ogr amm e o f th e VTS an d th eAyudthaya Therapeutic CommunityCenter, though they have the mechanismand synergy for continuous efforts injuvenile treatment and rehabilitationfrom the moment of enrollment in theschool or center until discharge, there arealso impediments to the desired gold.Implementat ion o f th e treatment ,rehabilitation, and aftercare programmesare greatly affected due to a lack oftechnical knowledge, and the increasingnumber of juvenile drug addicts incontrast to the shortage of social workers,psy c ho l ogi sts a nd o th er s w h o ar einvolved in treatment rehabilitation andaftercare. Due to the shortage of qualified
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officers and the restriction of resources,the quality of treatment, rehabilitationand aftercare services are impaired andthis places a heavier demand on qualifiedprofessional personnel.
I n r ec ogn iz i ng pr o fess ion alspecialization as the basic requirementfor social workers, psychologists, andother concerned officers, whether in theinstitutional treatment or community-based treatment programmes, there is aneed to put more emphasis on carefulrecruitment and training of staff and alsoto update their technical knowledge andtechnical know-how through researchand development.
REFERENCE
Annual report of the Juvenile and FamilyCourt, 1996–2000.
Guide to the Juvenile and Family Courtand the Observation and ProtectionCenter, 1996
Juvenile Justice and a Model for DrugAddicts, Programme for Juvenile DrugAddicts in Thai land , Inst i tute fo rJ uv en i le an d Fam ily Ju st i c eDevelopment, 1998
The Act for the Establishment of and theProcedure for the Juvenile and FamilyCourt B.E. 2534 (1991)
Sudjit, J., (2000). The Assessment andClassification of Juvenile Delinquents.Report. Thailand
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Appendix 1
The Number of Juveniles Sent to the Observation amnd Protection Center1996–2000
No. of offenders
1996 1997 1998 1999 2000
Male 21,382 27,906 35,181 33,934 32,270
Female 2,209 2,762 3,291 3,454 3,169
Total 23,591 30,668 38,472 37,388 35,439
Juveniles Cases Classified by Types of Offences1996–2000
Type of offenceNo. of offenders
1996 1997 1998 1999 2000
Offence against property 6,277 7,782 9,196 8,325 8,090
Homicide and other violent offence
1,396 1,985 1,919 2,304 1,946
Sex related offence 823 964 947 1,004 961
Offence relating to public peace and security
314 288 203 218 111
Offence relating to drug abuse, gambling, counter-feiting, carrying firearms, etc.
14,781 19,649 26,207 25,537 24,331
Total 23,591 30,668 38,472 37,388 35,439
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Appendix 2
Organization Chart of the Juvenile and Family Court and the Observation and Protection Center
The Central Juvenile andFamily Court
• Judiciary• Registrar
The Juvenile and Family Court of
Province
The Juvenile and Family Section of
Province Court
The Central Observation and Protection Center
The Observation and Protection
Center of Province
• Judiciary• Registrar(9 provinces)
• Judiciary• Registrar(25 provinces)
• AdministrativeDivision
• Remand Home• Probation
Division• Medical
Division(Bangkok)
• AdministrativeSub-Division
• Litigation Sub-Division
• TechnicalService Group
• Trainingschool
(25 provinces)
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Appendix 3
Structure of Ministry of Justice(after separation from Court)
Ministry of Justice
Minister
Office of the Secretary
Permanent Secretary
Office of the PermanentSecretary
Legal ExecutionDepartment
Department of Probation(Adult Offender)
• General Affairs Div.• Personnel Div.• Finance Div.• Design and Construction Div.• Policy and Planning Div.• Computer center• Justice Planning Institute• Internal Auditing Unit• The Central Observation and
Protection Center• The Provincial Observation and
Protection Center
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Under the permission of the Director of the Observation and Protection Centre
Report sent to prosecutor,prosecution
Measures(treatment in freedom)
Order Institutional treatment
• Admonition cautioning parents/guardians
• Placement under care of person or organization
• Release on probation• Fine
• Forbidden to enter certain places
• Forbidden to leave residence at night
• Forbidden to associate with a person
• Forbidden to do certain acts
• Order to report to probation officer
• Order to take up education or occupation
• Training school• Annex training school• Imprisonment
(age not below 14)
BringTrial, adjudication and order
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Appendix 5
Chart of Juvenile Cases Proceedings and Treatment Process
1. Forbidding the child or young person to enter any place or locality which might corrupt him or her
2. Forbidding the child or young person to leave his residence at night-time save in case of necessity
3. Forbidding the child or young person to associate with any person or persons of such kind as deemed undesirable by the Court
4. Forbidding the child or young person to do any act which might corrupt him or her
5. Order the child or young person to present himself or herself from time to time to the court, probation officer or social worker who was assigned by the Director of the Observation and Protection Centre
6. Order the child or young person to take up education or carry on any substantial occupation
Arrested by police
Transmission of the report to the Central Observation and Protection Centre
The Central Observation and Protection Centre
Probation Division Interview, Investigation, Codification of fact
Medical Division Physical and mental examination, Urine test, Treatment, Advise
Remand Home Division, Keeping the children and young persons in custody, Observation of juvenile’s behaviour, Classification, Occupational and educational therapy
Collecting together all juvenile’s reports and submitting to court
The Central Juvenile and Family Court Trial/Sentence
Released on :• Admonishment• Probation• Substitute corporal
punishment for fine
• Caution parents or guardians
Release on probation
• Regular release• Pre-release• Released on short-
term sentence• Released on long-
term sentence
• Academic education
• Vocational training such as printing, music training, automobile repair, art, agriculture, etc.
Public Prosecutor
Before adjudication
Training Fine Imprisonment
After adjudication
Probation Division
Administrative Division
Supervision Sub-Division
Training
Substantial occupation
Take up education
EvaluationDischarged from probation orderRevocation of probationTermination of probation
EvaluationFollow-up (6 months to 1 year)
Juvenile’s report proceedingJuvenile’s case proceeding
Sue
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Appendix 6
Organization Chart of the Vocational Training School
• Living guidance• Individual and group treatment• Group activities• Recreation• Dormitory treatment• Health education• Self-supporting work• Physical education
