The
Administration
This first
Chapter will outline a brief history of the Thai correctional
system and the present administration regime. The history of
Corrections in Thailand can be traced back as far as 100 years.
During this time the political and correctional system developed
simultaneously, under which modern correctional philosophies
were adopted. The incorporation of these philosophies lead to
changes in the correctional practice in Thailand. The following
information on the present organisation describes the outcome
of these changes, and how the correctional system is presently
organised.
History
The
early forms of punishment in Thailand were harsh and stressed
punishment for deterrence, retribution and revenge. Punishments
were often carried out in public view, designed to bring shame
and ridicule upon offenders. Capital punishment was carried out
by means of public beheading. Since the political system had
been developed and correctional philosophy was changed toward
a more humane treatment, a modern correctional system has been
introduced in Thailand. The followings are a brief history of
the Thai correctional system.
During the reign of King Rama IV B.E. 2394-2411 (1851-1868),
there was no uniform correctional system. The treatment of offenders
came under various organisations. Prisons in Bangkok Metropolis
came under the jurisdiction of the Ministry of Metropolis, with
the responsibility for detaining offenders with sentences longer
than 6 months. Those who received a sentence of less than 6 months
imprisonment, or were awaiting trial, were sent to Gaols. The
administration of Gaols came under the administration of the
provincial governors. Provincial governors had the authority
to regulate the administration of Gaols and therefore varied
from one province to another.
During the reign of King Rama V, B.E. 2411-2453 (1868-1910),
in B.E. 2433 (1890) the Department of Prisoners was established
whereby a new prison was built and prisons and gaols were amalgamated
into one Department. Also, in B.E. 2434 (1891) A Standing Order
for Detaining Prisoners in Upcountry Prisons was promulgated,
and applied nationwide. Subsequently, in B.E. 2444 (1901) The
Prison Act was enacted to be a governing law for prison administration.
During the reign of King Rama VI, B.E. 2453-2468 (1910-1925),
The Department of Penitentiary was established on 13 October
B.E. 2458 (1915), as well as the first Director General was appointed
to administer the correctional system throughout Thailand. However,
in B.E. 2465 (1922) the Department of Penitentiary was downgraded
to become a division under the Ministry of Justice due to an
economic recession. The Department of Penitentiary was re-established
again in B.E. 2476 (1933), and came under the jurisdiction of
the Ministry of Interior. In B.E. 2479 (1936), the Penitentiary
Act B.E. 2479 (1936) and ministerial regulations were enacted
that repealed the previous corrections law. The Act centralised
all local and provincial gaols under the supervision of the Department
of penitentiary. It ended barbaric sanctions, as well as stipulated
modern measures of prison management and treatment of prisoners.
These include: procedures for admission, segregation, discharge
of prisoners; setting out the power and duties of prison officials;
and regulating work, education, discipline, health, sanitation
for prisoners. The enactment of these laws marked the modern
era of the correctional system in Thailand, where rehabilitation
and reintegration of persons into society from correctional system
are priorities. Moreover, in B.E. 2505 (1962) the name of the
Department of Penitentiary had subsequently changed to the Department
of Corrections until now.
Present
Presently
the correctional system in Thailand comes under the administration
of the Department of Corrections, Ministry of Interior. The Department's
main responsibilities are to execute penal sentences imposed
by the Courts and any lawful orders. The implementation of these
responsibilities is carried out by means consistent with procedures,
and measures stipulated in laws. The Criminal Procedure Code
B.E. 2477 (1934), The Penal Code B.E. 2499 (1956), the Penitentiary
Act B.E. 2479 (1936) are a few of the laws which govern the Department.
The Department has committed itself to fulfil the following functions:
1. To keep prisoners whose age ranges from 18 and above in custody
and ensure there appearance in the Courts.
2. To ensure that all the procedures for detaining prisoners in custody are consistent with laws, regulations, government policy, and the principle of criminology and penology, as well as the United Nations Standard Minimum Rules for the Treatment of Offenders and other recommendations.
3. To manage prisoners according individual background, risk factors, and individual needs.
4. To equip prisoners with lawful earning skills through various vocational training programs.
5. To provide a safe, secure and human environment whereby prisoners are able to access to social services, recreation facilities, education, vocational training, religions, health care, and other forms of welfare.
6. To coordinate
and cooperate with other criminal justice agencies in order to
achieve maximum protection of the society.
Mission
Statements
According
to the Corporate Plan for the next decade of Department of Corrections
B.E.2536-2545 (1993-2002), the missions of Thai Department of
Corrections are set as follows:
1. To keep prisoners in custody efficiently.
2. To rehabilitate prisoners and foster their re-integration into the society as a law abiding citizens
3. To improve efficiency and effectiveness of correctional administration.
In order to
fulfil these missions, strategic plans have been set according
to the above principles. These strategic plans will be use as
detailed guidelines for every part of the Department, so as to
accomplish the goals of these missions. The followings are examples
of the strategic plans.
Mission
1: To keep inmate
in custody efficiently
In order to accomplish this mission, the following goals shall
be completed:
1. Organisation structure of prisons must be reformed.
2. Classification and segregation of prisoners must be carried out.
3. Staff to Prisoners ratio must be set at an appropriate level.
4. Laws, as well as Rules, and Regulations must be reformed.
5. Modern technology
must be introduced to assist prison administration.
Mission
2: To rehabilitate
prisoners and foster their reintegration into the society as
a law abiding citizen.
In order to accomplish this mission, the following goals shall
be completed:
1. Prisoners shall be mentally developed and ready to return
to the society.
2. Prisoners shall be equipped with an education and vocational skills that are in need in the outside labour market.
3. Prisoners shall be inculcated with correct attitude and values.
4. The quality of life of prisoners shall be developed.
5. Community Treatment shall be encouraged and deployed more widely.
6. The evaluation of treatment of prisoners shall be conducted both while incarcerated and after released.
7. Research
on the treatment of prisoners as well as other technical services
shall be conducted and applied.
Mission
3: To improve
efficiency and effectiveness of correctional administration.
In order to accomplish this mission, the following goals shall
be completed:
1. Staff shall be developed in accordance with the missions.
2. Work system, related laws, environment and resources shall be developed in accordance with the missions.
3. The Private Sector shall be encouraged to assist the administration of corrections in order to improve its efficiency.
4. Public understanding
on the role and missions of corrections shall be solicited.
Organisation
Structure
According to the Royal Decree of the Organisation of the Department
of Corrections B.E. 2539 (1996), the Department has an organisation
structure as follows:
1. Central Administration
1.1 Office of the Secretary
1.2 Finance Division
1.3 Personnel Administration Division
1.4 Legal Affairs Division
1.5 Medical Services Division
1.6 Planning Division
1.7 Correctional Staff Training Institute
1.8 Office of the Internal Audit
1.9 Office of Correctional Inspectorate
1.10 Bureau of Probation
-Fact Finding Branch
-Parole and Sentence Remission Branch
-Probation System Development Branch
-After-care and Welfare for Released Prisoners Branch
-Follow up and Inspection Branch
1.11 Bureau of Penology
-Custodial Measures Branch
-Correctional Practice Branch
-Foreign Affairs Branch
-Classification and Relocation Branch
-Design and Construction Branch
1.12 Bureau of Rehabilitation
-Education Branch
-Social Work and Welfare Branch
-Vocational Training Branch
1.13 Central Prisons (26)
1.14 Correctional Institutions (24)
1.15 Remand Prisons (3)
1.16 House of Relegation (1)
1.17 House
of Confinement (2)
2. Provincial Administration
1. Provincial Prisons (73)
2. District
Prison (1)
Conclusion
----------------------
Punishments
and Prisons
The correctional system reflects the views and needs of society where the system belongs. Some system may try to foster reintegration, while others may believe in just desert or the justice model. This variation in principle results in a vast difference of correctional system from one area to another. In this chapter, types of punishment and categories of correctional institutions in Thailand are provided. Details and discussions on each issue are also made.
Types
of Punishment
The Penal Code B.E. 2499 (1956) stipulates 5 types of punishment that offenders may receive according to severity of their offences. These 5 types of punishment are as follows:
1. Death Sentence. This type of punishment is carried out by mean of shooting. However, there are guidelines stipulate in both the Thai laws and the United Nations code where safeguard measures for implementing the death sentence are provided. Despite its existence in the laws, the death sentence is infrequently carried out in Thailand. Most of the prisoners who receive the death sentence have their sentences commuted to life imprisonment. Throughout the history of modern corrections in Thailand, there have been 278 prisoners executed in Thailand.
2. Sentence to Imprisonment. This is the major type of punishment to deal with criminal offenders in Thailand. The imprisonment terms range from one day to life imprisonment. Under the Thai laws, a term of imprisonment is a determinate sentence and must be carried out till its termination. The prison authority has no right to commute the sentence or to offer sentence reduction. Under the existing sentencing system, there would create a large prison population in Thailand, however, the Thai corrections relies on the Royal King's Pardon as a means to keep the number of prisoner under control.
3. Sentence to Confinement. This type of punishment is less severe than imprisonment, and mostly applies to those who commit petty offences. The sentence to confinement is also applied to offenders who default on fines.
4. Fine: This type of sentence is applied to petty crime. Offenders are ordered to pay a certain amount of money to the authority as a punishment. Failure to pay the fine results in the Order to confinement.
5. Forfeiture
of Property: This type of punishment is applied to items,
weapons, and assets which offenders used or acquired to commit
an offence.
Types
of Prisons and Correctional Institutions
The Thai correctional system recognises the differences among
prisoners, thereby requiring the establishment of various types
of prisons and correctional institutions . Each type of prisons
and correctional institutions has its own purpose under which
correct treatment to each category of prisoner is provided. The
followings are the types of prisons and correctional institutions.
1. Institutions Classified by Organisation Structure
1.1 Central Administration
Central administration means that all of the institutions come
under the direct supervision of the Departments Headquarters.
The reason for this type of administration being that prisoners
detained in these institutions are convicted, and classified
into certain categories, as well as for special treatments. Thus,
it is deemed appropriate to issue guidelines, directives and
supervision from the Departments Headquarters. Approximately,
60 per cent of the total prison population is detained in institutions
under the Central Administration. Accordingly, there are various
types of institutions which come under the Central Administration,
and these are as follows:
Central
Prisons.
This type of prison is responsible for the detention of convicted
prisoners with imprisonment term from 10 years to 30 years. Only
Bangkwang Central Prison located in the outskirts of Bangkok
is set to detain prisoners with the sentences longer than 30
years, as well as prisoners who receive a sentence of capital
punishment. In some central prisons there is also separate sections
for detaining prisoners under remand; under the condition that
there is no provincial or remand prison located in the same province.
In practice, convicted prisoners will be transferred to central
prisons when their prison term exceeds the limits of imprisonment
terms specified for that particular prison. At present, there
are 26 central prisons located in major provinces throughout
Thailand.
Remand Prisons. This type of prison
is responsible for detaining unconvicted prisoners during the
court trial period, and upon conviction they will be transferred
to central prisons. At present, there 3 remand prisons in Thailand;
Bangkok Remand Prison, Thonburi Remand Prison and Minburi Remand
Prisons. All of these prisons are located in Bangkok Metropolis.
Correctional
Institutions.
There are 4 types of correctional institution established for
specific purposes. Correctional institutions for young offenders,
women, drug addicts and the open institution. Each of these institutions
has been set up to provide suitable treatment for each category
of prisoner. At present, there 4 Correctional Institutions for
Young Offenders, 4 Women Correctional Institutions, 7 Correctional
Institutions for Drug Addicted Offenders, and 7 Open Correctional
Institutions.
Houses of
Confinement.
This type of institution is responsible for detaining those who
are ordered to be confined instead of imprisonment, and also
those who fail to pay out the fine. At present, there are 2 houses
of confinement in Thailand.
House of
Relegation.
This type of institutions is responsible for detaining habitual
offenders who are less likely to a be law abiding citizens. The
Courts may order them to be detain for certain period of time
as a safety measures stipulated in the Penal Code B.E. 2499 (1956).
At present, there is only one House of Confinement in Thailand.
1.2 Provincial Administration
Provincial Administration means that supervisory function on
certain type of prisons is delegated to the provicial authority.
The reason is that prisoners detained in these institutions are
either unconvicted or convicted with short sentences. Thus, a
uniform system is deployed, and this leaves the supervisory functions
to the provincial authorities. There are around 34 per cent of
the total prison population detained in institutions under the
Provincial Administration. Accordingly, there are 2 types of
institutions which come under the Provincial Administration,
as follows:
Provincial
Prisons.
This type of prison is responsible for detaining unconvicted
prisoners while awaiting trial, as well as convicted prisoners
with less than 10 years of imprisonment. Provincial prisons are
located in every province or wherever there is a criminal court.
At present, there are 73 Provincial Prisons located throughout
the country.
District
Prison.
The responsibilities of district prison are the same as provincial
prisons, but the difference is that district prisons are located
in a major district where the criminal court is established.
At present, there is only 1 district prison in Thailand.
2. Institutions Classified by Type of Prisoners
Another form
of prison classification is based on types of prisoners. Apart
from sex differences, prisoners are different in terms of: social
background, age, needs, offences, mind and body, and so on. This
variation of prisoners results in different types of institutions
designed to suit each particular needs. The following are institutions
classified under this category.
Male prisons. Since 85 per cent
of the prison population in Thailand are male offenders. Thus,
most of prisons and correctional institutions are for male offenders.
Female Prisons. There are 4 Women
Correctional Institutions established to be detention facilities
for female offenders in Thailand. Also, there is one Women Correctional
Institutions for Drug Addict Offenders. The total capacity of
these 5 institutions are 6,000, while the total number of female
prison population are 16,000. However, in each of the male prison,
there is one separate section for female offenders attached to
it. This section is responsible for detaining female offenders
while awaiting trial, as well as convicted female offenders with
a sentence of no more than 3 years imprisonment.
In terms of
treatment and custodial measures, there are rules and regulations
set out specifically for the treatment of female prisoners, e.g:
no instrument of restraint is applied, only female staff are
deployed in female facilities, types of works to be assigned.
Correctional
Institution for Young Offenders. The term young offenders in the Thai
correctional laws means those who are between 18-25 years of
age. The Department recognises the importance of young offenders
as human resources, of which they are around 30 per cent of the
total prison population. Effort has been made to separate them
from the main prison population. At present, there are 4 correctional
institutions for young offenders, and 4 special sections for
young offenders in prisons throughout Thailand, with the capacity
of 4,000. There are still around 18,000 young offenders left
within the main prison population. However, criteria has been
set up to classify young offenders to be sent to these institutions.
For example, those who are: first time offenders with the sentence
no more than 15 years imprisonment, mentally and physically fit,
committed certain types of offences.
In terms of
treatment and custodial measures, there are rules and regulations
set out specifically for the treatment of young prisoners, e.g:
education and vocational training are priorities, programs that
promote correct attitudes and values are emphasised as well as
sports and recreation facilities.
Correctional
Institution for Drug Addicted Offenders. Narcotics consumption in Thailand
is an offence that may result in imprisonment. The imprisonment
terms for narcotic consumption range from 6 months to 10 years.
Around 20 per cent of the total prison population are sentenced
to imprisonment because of narcotic consumption. The Department
recognises that drug addicted prisoners are in need of special
treatment. Effort have been made to separate this type of prisoner
from the main population, as well as treatment programs to help
them withdraw from drug addiction are applied. At present, there
are 6 correctional institutions for drug addicted offenders in
Thailand, with the capacity of 10,000. However, since the numbers
of drug addicted offenders are far more than the capacity of
correctional institutions, a large numbers of them still remain
within the main population. Nevertheless, the Department has
set up a separate section in some prisons to be a treatment center
for drug addicted prisoners.
In terms of
treatment and custodial measures, there are rules and regulations
set out specifically for the treatment of drug addicted prisoners.
The programs provided include: Therapeutic Community Programs,
Individual and Group Counselling, education and vocational training
as well as sports and recreation facilities.
Open Correctional
Institutions.
The Department recognises the importance of prisoner's capability
of readjustment toward society upon release. It is because there
are numbers of released persons failed to cope with the change
of society, and resulted them in re-offending. Therefore, a numbers
of open correctional institutions have been set up so as to provide
them with relax atmosphere and opportunity to re-adjust themselves,
and prepare for their release. Prisoners who are eligible to
be transferred to open correctional institutions are those who
have already serve one fourth of the imprisonment terms and have
the remaining sentence of no more than 5 years.
In terms of
treatment and custodial measures, there are rules and regulations
set out specifically for the treatment of prisoners in this type
of institution. The custodial regime is relaxed, less supervised,
and offenders have more freedom to move around. The programs
provided are mostly agricultural work. Prisoners who are detained
in these institutions have more opportunity to earn parole.
Prison Camp. This type of prison
is set up for same purpose as the open correctional institution.
The difference is that prison camps have not enough facility
to handle large numbers of prisoners.
Medical
Prison.
This type of prison is set up to be a detention facility for
sick prisoners who require long term treatment. At present, there
is only one Medical prison located in Bangkok, with a capacity
of 350 beds. This prison is fully equipped with all medical facilities
and medical personnel to deal with sick prisoners who are transferred
from all over Thailand. Apart from this medical prison, each
prison is also equipped with small dispensary to deal with minor
illness. As for those who are seriously sick and in need of sophisticated
medical treatment, they may be either transferred to public hospital
outside or transferred to the Medical prison in Bangkok.
Penal Settlement. The Department had
developed a large piece of land in the north eastern part of
Thailand to be the first penal settlement for special prisoners.
Utilities such as road, water, electricity and school are in
place. The purpose of setting up this facility was to utilise
the land and foster prisoners' reintegration into society. Special
prisoners who had agricultural background were sent to this settlement.
They were provided with land and tools to work, and allowed to
bring in their families to live and work in this settlement.
Also, they may choose to stay on this premises after release,
but no ownership would be given. There were around 300 special
prisoners who partook of this program. However, there were many
obstacles in the way of keeping this settlement running during
the last few years. Therefore, the penal settlement operation
in Thailand was terminated in 1995.
3. Institutions Classified by Security Level
The last form of prison categorisation is based on security level.
Since corrections is responsible for criminals who commit crimes,
prisons and correctional institutions should be built in such
a way that the escape rate is kept to minimum, as well as rules,
orders and discipline be well maintained. In Thailand, prisons
and correctional institutions are classified into 3 security
levels, as follows:
Maximum
Security Prisons.
This type of institution is designed to detain those who must
serve a long imprisonment term, ranging from 30 years and above.
The prison is designed to be solid and equipped escape preventive
facilities such as high walls, electric wire and so on. The atmosphere
is quite rigid, under which highly discipline is maintained.
The size is also large with high capacity to detain a large number
of prisoners. The average number of prisoners in maximum security
prisons is around 2-3,000, with the exception of Bangkwang Central
prison and Klongprem Central prison where the capacity is as
high as 6-7,000 prisoners. The Department set up maximum security
prisons in major provinces throughout Thailand. These prisons
will be a center for detaining long term and hard core prisoners
in the region. There are around 15 per cent of prisons in Thailand
considered to be in maximum security level.
Medium Security
Prisons.
This type of institution is designed to detain those who must
serve a medium term of imprisonment, ranging from 10-20 years.
Under this type, the structure of institution is less solid than
that of maximum security, as well as the atmosphere is more relaxed.
Prisoners detained in these institutions are for example: remandees,
convicted prisoners who are classified. Provincial prisons, correctional
institutions for drug offenders and young offenders are considered
to be medium security prisons. There are around 80 per cent of
prisons and correctional institutions in Thailand considered
to be in medium security level.
Minimum Security Prisons. This type of institution mostly
are an open institution or prison camp. The institution is designed
to be a preparation center for those who are about to be released.
There is no concrete wall to prevent escape, only a barbwire
fence to mark the boundary of the prison. The atmosphere in this
type of institution is more relaxed, with freedom of movement
around the institution. The visiting areas are open, and some
prisoners are allowed to have conjugal visits. Prisoners who
have served one fourth of the sentence and have less than 5 years
of their prison term remaining may be sent to this type of prisons.
Vocational training programs are mostly agricultural work. Around
5 per cent of prisons in Thailand are considered to be minimum
security level.
Conclusion
The types of
punishment in Thailand are consistent with that applied in other
countries. The punishments range from fine to capital punishment,
and there is no corporal punishment. Prisons and correctional
institutions are set up to provide a treatment to major types
of prisoners. However, due to inadequate attention from the government,
the Department of Corrections could only afford to classify prisoners
according to: sex, age, certain offence, like drug, and sick
prisoners.