Guidelines for Establishing Legal Measures and Processes for Monitoring and Supervising the Behavior of Juvenile Repeat Offenders after Their Release

Abstract

        The recurrence of juvenile delinquency in Thailand has significantly impacted the development of children and youth, society, and the nation. One of the key issues related to recidivism is the lack of measures to monitor and supervise behavior following the release from juvenile detention centers. The Juvenile Delinquency Rehabilitation and Treatment Act B.E. 2561 (2018), which is used to follow up on children and youth after their release, focuses primarily on assisting as needed rather than behavior supervision. Furthermore, the post-release monitoring process lacks legal enforceability, resulting in ineffective control and prevention of repeat offenses.

         The purpose of this research article is to propose a legal framework for measures and processes to monitor and supervise the behavior of juvenile offenders after their release, as outlined in the Juvenile Delinquency Rehabilitation and Treatment Act B.E. 2561 (2018), in order to prevent recidivism. This research was conducted using qualitative methods. The findings indicate that establishing specific legal measures and enforceable processes for post-release supervision would prevent repeat offenders from committing further crimes, thus improving the effectiveness of recidivism prevention efforts.

         This approach has garnered support from prosecutors, directors of juvenile detention centers, probation officers, psychologists, and police officers, who are responsible for law enforcement. Most believe that this would provide clarity in practice and enhance the effectiveness of preventing recidivism. However, the majority of judges, as legal practitioners, do not support this approach. They believe that once a child or youth has undergone individualized rehabilitation, even after their release from juvenile detention and reintegration into society, those responsible for monitoring the behavior of children and youth must ensure compliance with legal conditions, regardless of whether the child or youth has previously committed repeat offenses.

        The findings reflect differing perspectives between law enforcers and legal practitioners. The researcher suggests further studies involving parents, guardians, or individuals with whom the children or youth reside, to gain insights into the perspectives of other populations for refining this approach in the future.