The number of inmates in penal institutions, such as prisons and detention houses, has been constantly increasing in Japan and almost all institutions are exceeding their capacity in the number of inmates they house and are consequently suffering from overcrowding which makes it difficult not only for prison staff to treat inmates but also for them to execute their duties.

The Ministry of Justice is making every effort to improve such situation by promoting the construction of correctional facilities through PFI (Private Finance Initiative) and cooperating with private sectors, taking into consideration the experiences of foreign countries, as well as improving facilities and human resources, and facilitating operational effectiveness by utilizing, where appropriate, mechanization.

Under these circumstances, the Correctional Administration Reform Council, composed of private experts, made public in December 2003 a proposal consisting of roughly three points as follows:

1. Reform in order to facilitate the rehabilitation and resocialization of inmates, with due regard to their humanity.
2. Reform in order to lessen the excessive burdens on prison staff and to secure a healthy environment in their workplace.
3. Reform in order to make prison administration open and public to the people in general.

The Ministry of Justice, paying utmost respect to the proposals of the Correctional Administration Reform Council, is devoting all efforts to realize the reform of prisons with a view to forming “prisons that gain the understanding and support of the citizens”.

In response to the proposals, the Ministry of Justice has been working on operational reform such as the establishment of scientific education programs aiming at successful rehabilitation of inmates, periodic disclosure of relevant information on treatment of inmates and promotion of education for prison officers on human rights.

The main part of this reform is the revision of the Prison Law which was enacted in 1908 and was outdated in terms of both substance and form. The Act on Penal Institutions and the Treatment of Sentenced Inmates which focuses on the treatment of sentenced inmates was approved at the Ordinary Session of the Diet in 2005 (which came into effect on May 24, 2006), and the Act for Partial Revision of the Act on Penal Institutions and the Treatment of Sentenced Inmates which stipulates the treatment of unsentenced inmates was approved at the Ordinary Session of the Diet in 2006 (which came into effect on June 1, 2007). The enforcement of the act changed the title from “the Act on Penal Institutions and the Treatment of Sentenced Inmates” to “the Act on Penal and Detention Facilities and the Treatment of Inmates”. The Prison Law then had been totally revised for the first time in nearly 100 years.

The Ministry of Justice will continue to strive for further reform of the administration of penal institutions in order to create a society in which the people can live safely, by administering this new act appropriately, and by securing the human rights of the inmates and the smooth functioning of the penal institutions.