NATIONAL REPORT

Drug suppression policy of the government still have a major effect on the number of population. Latest statistics indicates that the total number of prison population is as high as 258,076 – 97.40% of which are prisoners while 2.59% and 0.01% are confined persons and detainees respectively. Compared to the year 2001, the number of prison population has increased approximately 5% in 2002. When considering type of prisoners, 161,382 (60.62%) are convicts, 88,465 (39.26%) are remandees, and 180 (0.10%) are juveniles or persons with court order.

From 1993 to 2002, the number of prison population has increased overtime. In 2002, the number of male offenders sentenced to prison increase from the year 2001 by 8,512 or 4.24%. Interestingly, when compared to their male counterparts, an increase in the number of female offenders is at the higher rate. Evidence reveals that the number of females increases by 4,038 or as high as 8.97%. The vivid common characteristics of males and females is that the majority of both have been convicted of drug related offenses.

The majority of prison population ages between 20-30 years. Specifically, the number of male group aging

between 20-30 years is significantly higher than other groups. In contrast, the number of females in each age category does not significantly differ.

The number of convicts in every offense categories has been increasing overtime. Anyway, the number of drug convicts is far greater than any other group. The current evidence indicates the number of drug offenders of 106,991 or 66.30% of all convicts. This trend might partly be explained by the fact that most drug offenders are likely to be convicted and sent to prison as a result of “war on drug” policy of the government.

When taking a close look at the characteristics of drug offenders, males are mostly convicted of possession to sell and selling respectively. Contrary to their male counterparts, females are likely to be convicted of selling and possession to sell respectively. Moreover, given the total number of drug offenders, the majority of them are convicted of possession to sell (38.06%) and selling (33.36%) respectively.

Evidence also reveals an increase trend in the number of foreign prisoners. The number of 7,132 foreign prisoners makes 2.76% of prison population. Approximately 87% of them are males. Given their offenses, 52.48% are convicted of drug offense while 10.47% and 12.90% are found guilty with crime against property and immigration laws respectively. As for their nationality, more than half (52.19%) of foreign prisoners are from Myanmar.

Contemporary Issues

I. Moving into New Roof

As a result of the bureaucracy reform policy of the present government, the Department of Corrections will be transferred from the Ministry of Interior to the Ministry of Justice in this October. The principle objective of streamlining the state bureaucracy is to enable it to function efficiently and transparently with higher degree of public accountability. Agencies that perform the same duties are grouped in the same cluster. The Department of Corrections as a significant unit in the criminal justice system, therefore, will be transferred and work closely with the Department of Probation, the Forensic Science Institute, Narcotics Prevention and Suppression Bureau, and Special Case Bureau of Investigation under the supervision of the Justice Minister. Ironically, the Court and the Royal Thai Police Bureau are still independent from the Ministry of Justice.

The Department of Corrections is now facing a big challenge. One of the concrete issue is an internal reorganization which is still inconclusive. The general administration units like Personnel Division, Financial Division, and Bureau of Correctional Inspectors are likely to be transferred and added in the general administration cluster at the Ministry of Justice headquarters. In addition, parole works, one of the main duties of the Department, will be transferred to the Department of Probation. As a result of these transfers, a great number of staff of the Department of Corrections will need to be rotated. Some will be moved to the Ministry headquarters while others will be rotated to work in prisons. Undoubtedly, it will intensify the problem of personnel shortage.

II. New Strategic Plan

Being a guideline for the Department of Corrections for almost ten years, the Department’s Direction Plan B.E. 2536-2545 (1993-2002) shall end its terms by the year end 2002. The Department is now drafting a new strategic plan that will suit the country’s economic and social circumstances as well as political factor. In order to set out its vision, motto, and a new strategic plan the Department has been seeking cooperation from various allied agencies, both private and public. Discussion meetings have been held across the country to gather comments and suggestions from those agencies. The public’s overwhelming responses revealed the fact of how the Department’s previous performances were judged and led to the clear picture of what the public wants from the Department. Even though the new strategic plan is now still under construction, the Department can assure that secure custody, humane treatment of prisoners, and good order of prisons will be appropriately maintained.

III. Mission Impossible

Drug Rehabilitation Act was enacted in 1991, yet it has not come into force in terms of implementation due to the unavailability of appropriate settings to provide drug treatment program for drug users. Therefore, drug abusers are still treated like criminals according to the traditional criminal laws; they are likely to be convicted sent to prison.

Efforts have been made by various agencies including the Department of Corrections to make Drug Rehabilitation Act applicable. Why? It is expected that if the Act come into force, prison population should significantly decrease. The main content of this act is to treat offenders who are tested and identified as drug addicts. They would no longer be sent to prison. Rather, they would be sent to serve their terms in Drug Rehabilitation Center under the supervision of the Department of Probation, and would be treated as patients who need treatment and rehabilitation.

However, at present, the situation is inconsistent with what the Department has expected. No budget has not yet been allocated to the Department of Probation for the construction of the Drug Rehabilitation Center. The Department of Corrections then was requested by the government to intake drug users until the Department of Probation is ready to take full responsibility. In order to manage the activities in accordance with the Drug Rehabilitation Act, one prison in each province has been assigned as a temporary Drug Rehabilitation Center. Drug prisoners are still sent to prisons. Consequently, the number of prisoners especially drug prisoners still as high as it used to be.

IV. On-line Information System

So as to improve the management of correctional works, the Department of Corrections is now operating the on-line information system. With the budget of ฿114 million ($2.7 million), the pilot project will be launched in late October 2002 and will be complete in 2004. This on-line information system should cover almost all prison works from the reception management to the release process. Inmates’ records which were kept manually in the past will now be computerized. For example, a prisoner’ fingerprint shall be scanned and kept in the digital system, and only authorized staff can access to such data. The central computer system will be located at the Department’s headquarters and linked to 148 prisons across the country. Undoubtedly, the system is considered the innovation of the decade. Not only does it help systematically gather prisoner records and correctional statistics, it will enable the Department to share criminal records with other agencies in the criminal justice system.

V. Boot Camp in Progress

Overcrowding and the increasing number of drug offenders are two major problems that the Department of Corrections has been encountering for almost a decade. One measure to cope with this problem with regards to the Prime Minister’s policy to get tough on drug sellers and provide a proper treatment method for drug users. Qualified prisoners have been recruited and sent to military camps. They must graduate this 6-month program in order to receive their parole. Line staff of the program are military officers while correctional officers play a supportive role.

The first two boot camp programs for drug offenders were so successful that the government encourages the Department to develop another program for offenders with minor offenses. The primary components of the current boot camp include physical training, labor, and drill. Moreover, such rehabilitative components as vocational training, academic education, and life skill training are also added. Right now, there are approximately 5,000 boot camp participants in 39 military sites, two of which are for females. The present program can also draw the public’s attention and receives a great support from both public and private agencies i.e. the Ministry of Public Health, the Ministry of Labor and Social Welfare, the Ministry of Education, and local private companies.

VI. Pre-release Center

Pre-release program is an ideal aspect of treatment of offenders. It is to get the inmates prepared before they return to the community. In the past, a pre-release program was just a short-term activity provided for prisoners who due to release. It normally lasts only a week or two. Therefore, prisoners practically do not receive “full services”.

By the year-end of 2001, official pre-release centers have been established to serve the needs of prisoners prior to their release. Currently, there are 12 centers across the country. In this scheme, prisoners shall be classified and transferred to the pre-release centers within the setting of prison camps or open correctional institutions. Vocational training programs, family-related activities, and community participation programs have been provided. The Department plans to open one center in every province within fiscal year 2003.

VII. Construction Projects

During the 90’s, the Department of Corrections has encountered the rapid increase in the number of prisoners which led to the overcrowding in most prisons around the country. According to the government policy, to build new facility is not a constructive solution to cope with prison overcrowding. Therefore, the Department choose to face crisis by carrying out several countermeasures, for instance, the expansion of overcrowded prisons’ perimeter, the renovation of old buildings and cells, and the installation of CCTV and security devices to maintain secured custody and prison order. As hard as we had tried, overcrowding problem still affects the efficiency and the effectiveness of our overall performance.

Nevertheless, in accordance with the war on drug policy, drug producers and sellers are viewed as criminals while drug users are considered as patients who need treatment and rehabilitation. Further, drug users need to be separated from other groups of offenders. To serve the above policy, the government has recently approved five construction projects- four are constructions of new correctional institutions exclusively for drug addicts and one is a construction of correctional hospital. All is now under construction.