Department Of Probation
Probationer under the Narcotics Code
Under Section 166 of the Narcotics Code, when adjudicating an offender, if it is not apparent that the individual is a suspect, is currently undergoing prosecution for an offense punishable by imprisonment, or is serving a prison sentence under a court judgment, the adjudicating court has the authority to convert the prison sentence into a safety measure under the Penal Code. Alternatively, the court may impose one or more probation conditions as outlined in Section 56 of the Penal Code in lieu of punishment. These conditions may include:
- Reporting periodically to a designated officer for inquiry, advice, assistance, or warnings as deemed appropriate regarding their conduct and occupation, or engaging in community service or public benefit activities.
- Undergoing vocational training or engaging in a regular occupation.
- Refraining from associating with or engaging in any conduct that could lead to committing similar offenses again.
- Undergoing treatment for drug addiction, physical or mental impairments, or other illnesses at a place and for a period determined by the court.
- Attending training at a place and for a period determined by the court.
- Prohibition from leaving their residence or entering specific locations during a period determined by the court. This may include the use of electronic or other devices to monitor or restrict travel.
- Paying compensation or otherwise remedying damages to the victim as agreed upon by the offender and the victim.
- Restoring, rehabilitating, or remedying damages caused to natural resources or the environment, or paying compensation for such damages.
- Entering into a bond for an amount deemed appropriate by the court, guaranteeing that they will not cause harm or danger to other persons or property.
- Any other conditions the court deems appropriate to rectify, rehabilitate, or prevent the offender from committing or having the opportunity to commit further offenses, or conditions for victim remediation as deemed appropriate.
These conditions are imposed for a period determined by the court, not exceeding two years. This approach focuses on providing offenders with an opportunity for self-improvement within the community, without being detained. Instead, specific probation conditions are set for the offender to comply with, and probation officers are assigned to supervise, support, and assist the offender based on their individual risk level for re-offending and their specific problems and needs. The aim is to prevent offenders from re-offending, facilitate behavioral change, improve their quality of life, and enable them to live harmoniously in society.
For defendants under the Narcotics Code, this measure will be applied to change the behavior of defendants who are unwilling to undergo treatment at public health agencies, while also considering public safety.