형기종료 후 보호관찰에 대한 효율적 운영방안 : 미국 사례를 중심으로

Abstract

The study aims at exploring the effective ways of implementing probation an parole supervision in South Korea. The Korean Ministry of Justice has recently initiated the new probation supervision policy toward released offenders after they had completed their incarceration sentencing by revising Electronic Monitoring Law for Specific High-Risk Offenders. The revised law was designed to enforce probation supervision for serious offenders who had committed sexual offenses, child kidnapping, homicide, and robbery after they released from prison facilities. Although they fully completed their prison sentencing and were released from correctional facilities, there are still significant concern and risk regarding their re-offence and problematic behavior in the community. In this context, probation officers are responsible for offering increased supervision and monitoring during the period of probation supervision after the imprisonment sentencing. The current study focuses on introducing supervised released policy and programs offered by federal government, Minnesota Department of Correction, and Washoe County Department of Juvenile Services. In particular, the present study highlights the fact that probation officers need to have increased level of discretion and enhanced power in relying on sanctions for the violators of probation conditions. Instead of requesting investigation to the police, it would be more effective for probation officers to conduct their own investigation and use sanctions for the violation of a court order whenever there are serious violation of probation conditions. Further policy implication will be discussed in order to deter the released from committing additional crimes and returning to correctional facilities.