กรมคุมประพฤติ
Department Of Probation
Probation for Adult Offenders
Probation for adult offenders refers to the supervision of offenders aged eighteen years or older on the date the offense occurred.
1. Relevant Laws Pertaining to Probation for Adult Offenders
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Penal Code, Sections 56-58, Sections 74-75
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Act Amending the Penal Code (No. 15), B.E. 2545 (2002), Section 56
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Probation Act, B.E. 2559 (2016)
2. Authority to Order Probation for Adult Offenders
The authority empowered to order probation for adult offenders is the Court, in accordance with the Probation Act, B.E. 2559 (2016). "Court" refers to the Court of Justice with jurisdiction to hear and adjudicate criminal cases, but it does not include the Juvenile and Family Court, unless in criminal cases where the Juvenile and Family Court has jurisdiction to hear and adjudicate, and the offender was eighteen years of age or older on the date the offense occurred.
3. Conditions for Probation of Adult Offenders
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To report to the designated officer periodically so that the officer may inquire, advise, assist, or warn as deemed appropriate regarding their conduct and occupation, or arrange for them to perform community service or public benefit activities as deemed appropriate by the officer and the offender.
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To undergo vocational training or engage in a regular occupation.
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To refrain from associating with or engaging in any conduct that could lead to committing similar offenses again.
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To undergo treatment for drug addiction, physical or mental disabilities, or other illnesses at a place and for a period specified by the court.
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Other conditions as the court deems appropriate to rectify, rehabilitate, or prevent the offender from committing or having the opportunity to commit offenses again.
The imposition of these probation conditions is at the discretion of the court. The court may impose all or some of the conditions. Should circumstances related to probation change, the court may, if it deems appropriate, amend, add, or revoke any condition, or impose any additional condition not previously specified.
4. Duration of Probation for Adult Offenders
The period for which the court orders probation for a particular defendant is at the discretion of the court, but it must not exceed five years from the date of the court's judgment. This is in accordance with Section 56, Paragraph One of the Penal Code.
5. Probation Process for Adult Offenders
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Case AcceptanceThis step occurs when the Probation Office receives a judgment/order notification from the court or 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, and then submit 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 after the court has issued a probation judgment/order. The probation officer will conduct an orientation, clarifying the judgment/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 re-offending risk level 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. 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 court or the Department of Corrections.