กรมคุมประพฤติ
Department Of Probation
Probation for Parolees or Those Granted Sentence Reduction
Parole and sentence reduction are measures employed by the Department of Corrections to release inmates who have demonstrated good conduct, adhered to regulations, shown diligence, actively participated in education and vocational training, and performed meritorious service to the state. These individuals are released to their families and communities before their full sentences are completed, under specific probation conditions.
1. Types of Probation for Parolees or Those Granted Sentence Reduction
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Parole: This refers to the release of a convicted inmate from prison before the completion of their sentence, under probation conditions. This may be granted only after the inmate has served no less than one-third of the sentence as stipulated in the court's current judgment. The probation period shall be no less than one year but not exceed the remaining portion of the sentence.
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Good-Time Allowance (Sentence Reduction): This refers to the benefit of reducing the prison sentence for convicted inmates who have demonstrated good conduct while incarcerated. This can be granted only after the inmate has served a final sentence of imprisonment for no less than six months, or no less than ten years in cases where a life sentence has been commuted to a fixed-term sentence. Only inmates classified as "Good" (ชั้นดี) or higher are eligible for a good-time allowance.
2. Laws Related to Parolees or Those Granted Sentence Reduction
The relevant law for parolees or those granted sentence reduction is: Correctional Act, B.E. 2560 (2017)
3. Authorities Empowered to Order Parole or Sentence Reduction
For Parole: The Parole Consideration Committee will consider parole only when the following committees approve it, and it receives authorization from the Director-General of the Department of Corrections:
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Central Committee: Consists of
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Permanent Secretary of the Ministry of Justice (formerly Permanent Secretary of the Ministry of Interior) - Chairperson
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Representative from the Department of Corrections - Member
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Representative from the Royal Thai Police - Member
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Representative from the Department of Provincial Administration - Member
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Representative from the Office of the Attorney General - Member
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Representative from the Department of Probation - Member (Added)
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Committee for Central Prisons: Consists of
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No less than three section-level officials appointed by the Director-General.
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Committee for Regional Prisons: Consists of
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Prison Commander - Chairperson
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Two section-level or higher officials appointed by the Provincial Governor.
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Special Cases: In special circumstances, parole may be granted for a period longer than specified, which requires approval by a committee consisting of (currently undergoing revision to align with the new affiliation)
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Permanent Secretary of the Ministry of Interior - Chairperson
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Representative from the Department of Corrections - Member
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Representative from the Ministry of Interior - Member
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Representative from the Office of the Attorney General - Member
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Delegation of Authority: The Department of Corrections may delegate authority to the Provincial Governor to act on behalf of the Director-General of the Department of Corrections in approving parole for specific inmates who meet the legal eligibility criteria for parole and have no more than one month remaining on their sentence, provided they will be released on probation within that province.
Parole Consideration Criteria
The Committee's criteria for granting parole to inmates are as follows
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Behavior during incarceration
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Diligence
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Educational progress
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Work performance or exceptional service to the state
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Conduct during imprisonment
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Behavior prior to imprisonment:
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Family history
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Occupation
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Facts of the offense (causes and impacts)
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Sponsor and Residence: Consideration is given to the reliability, suitability, status, occupation, as well as the environment and residence of the sponsor and the inmate.
Duration for which Inmates May Be Granted Parole
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"Excellent" (ชั้นเยี่ยม) classification: Not exceeding one-third of the sentence specified in the final judgment order. In cases of royal pardon, the sentence in the latest final judgment order shall be used.
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"Very Good" (ชั้นดีมาก) classification: Not exceeding one-fourth of the sentence specified in the final judgment order. In cases of royal pardon, the sentence in the latest final judgment order shall be used.
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"Good" (ชั้นดี) classification: Not exceeding one-fifth of the sentence specified in the final judgment order. In cases of royal pardon, the sentence in the latest final judgment order shall be used.
For Sentence Reduction (Good-Time Allowance)
When the Department of Corrections deems it appropriate to reduce the sentence for any convicted inmate, the proposal must be submitted to a committee for consideration, requiring a majority vote. This committee comprises
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Representative from the Department of Corrections
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Representative from the Royal Thai Police
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Representative from the Office of the Attorney General
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Representative from the Department of Social Development and Welfare
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Psychiatrist from the Department of Medical Services
Criteria for Considering Sentence Reduction
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A convicted inmate may receive a sentence reduction of no more than 5 days per month. However, sentence reduction may only be granted after the inmate has served a final sentence of imprisonment for no less than 6 months, or no less than 10 years in cases where a life sentence has been commuted to a fixed-term sentence.
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A convicted inmate must have served no less than 6 months of their sentence, calculated from the date of imprisonment until the date they meet the criteria (i.e., 180 days of imprisonment), and be classified as "Good" (ชั้นดี) or higher. This includes pre-trial detention days. Benefits from sentence reduction, according to their current classification (from "Good" upwards), begin in the 7th month. However, if an inmate is still in "Moderate," "Poor," or "Very Poor" classifications, they will not receive benefits until they accumulate sufficient good conduct to meet the criteria.
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For convicted inmates serving a life sentence that has been commuted to a fixed-term sentence, they must have served no less than 10 years of their imprisonment before they begin to receive benefits from sentence reduction according to their existing classification and established criteria. Benefits start from the 1st month of the 11th year of their imprisonment.
When the Department of Corrections deems it appropriate to reduce the sentence for any convicted inmate, the proposal must be submitted to a committee for consideration, requiring a majority vote. This committee comprises
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"Excellent" (ชั้นเยี่ยม) classification: 5 days per month
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"Very Good" (ชั้นดีมาก) classification: 4 days per month
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"Good" (ชั้นดี) classification: 3 days per month
4. Conditions for Probation of Parolees and Those Granted Sentence Reduction
The amended conditions are stipulated in the Ministerial Regulation issued under the Correctional Act, B.E. 2560 (2017), and must be adhered to until the completion of the release period, as follows
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Must report to a probation officer at the Probation Office within three days of release and subsequently report to the probation officer as determined by the probation officer until the completion of the sentence.
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Must reside with a sponsor at the declared address and are prohibited from leaving the provincial area, except for essential business and with prior permission from the probation officer.
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Must comply with laws, regulations, and rules. If they violate and are penalized by an authorized official under such laws, regulations, and rules, they must inform the probation officer each time.
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Must engage in a lawful occupation. If they change workplaces or jobs, they must inform the probation officer each time.
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Must follow the advice and warnings of the probation officer and participate in rehabilitation activities as determined by the Director-General of the Department of Probation.
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Must not engage in detrimental conduct, such as gambling, using illicit drugs, or committing further offenses.
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Must not be involved with inhalants, psychotropic substances, or any type of narcotic drugs, including firearms, ammunition, or any type of explosives.
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Must not visit or contact inmates who are not relatives and are currently serving sentences.
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Must present their release certificate to administrative officials, police, or prison officials upon request, and must report to the probation officer if the release certificate is lost.
5. Duration of Probation for Parolees and Those Granted Sentence Reduction
The duration of probation for parolees and those granted sentence reduction is calculated from the date of their probationary release until the full completion of their sentence, as specified in their individual probationary release certificate.
6. Probation Process for Parolees and Those Granted Sentence Reduction
The probation process for parolees and those granted sentence reduction consists of six steps
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Case Acceptance This step occurs when the Probation Office receives a probation release notification from a prison/correctional institution. The case administration officer will register the case into the central system, compile documents to establish the case file by using the existing inquiry file of that case as a continuous monitoring file, and then assign it to the head of the work group or a delegated person, who will consider and assign the case to a probation officer.
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Clarification of Probation Conditions and Information Gathering This step involves the probation officer's operations when the probationer reports to the probation officer as per the probation release notification from the prison/correctional institution. The probation officer will conduct an orientation, clarifying the order and probation conditions to the probationer, as well as collecting factual evidence about the probationer and scheduling reporting appointments.
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Analysis and Planning In this step, the assigned probation officer will analyze and evaluate various information concerning the probationer's background, the nature of the offense, and the circumstances of the case. They will then plan the rehabilitation and corrective measures for the probationer by using criteria for risk or likelihood of re-offending and criteria for identifying problems and needs for offender classification.
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Supervision and Monitoring of Conditions / Rehabilitation This is the operational step where the probation officer supervises, monitors, and assists offenders based on their risk level or likelihood of re-offending and the severity of their problems and needs. This ensures that probationers comply with probation conditions and receive rehabilitation to modify their behavior, become good citizens, and prevent recidivism.
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Evaluation and Summary of Results In this step, the probation officer must review the performance in each case file. The probation officer must review the operational plan and re-evaluate the risk and problem/need assessment at specified intervals to ensure that the assigned rehabilitation activities or probation plan are being implemented according to the plan, thereby adjusting the probation plan to be effective in rehabilitating the probationer.
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Preparation of Probation Report This final step involves the probation officer reviewing the case file and compiling information regarding the completed probation of the offender, both in cases where conditions were met and where they were not. This information is then compiled into a probation report to be submitted to the Department of Corrections.