Crime generally refers to an act prohibited and punishable by law. That is, any act contrary to the laws made and enforced by the state is a crime. It is a social disorder. Sometimes under the influence of a bad environment and dishonest company, sometimes through ignorance, and consciously, people get involved in crime. Like every civilized country, our country also has provisions to prosecute and punish Offenders. But in many cases, punishment helps in spreading crime rather than preventing it. When an Offenders is sent to prison for a crime, he comes into contact with other serious Offenders and experiences serious crimes and receives harmful lessons. Criminologists and modern thinkers have developed correctional and rehabilitative systems in their own environment instead of punishing an Offenders. In 1960, this program started in Bangladesh through the enforcement of "The Probation of Offenders Ordinance."
Probation and Aftercare Program is one of the important programs run by the Department of Social Services. In 1960 the 'Probation of Offenders Ordinance' was issued and in 1962 the correctional program under the 2nd five years Plan was launched and 2 (two) developmental projects were implemented. Namely- (1) The Probation of Offenders Scheme and (2) After Care Services. At present, this program is being conducted in a total of 70 units in 64 districts, including 6 CMM Courts. Under this program Probation of Offenders Ordinance, 1960 (amended 1964) apart from the Children Act, 2013(amended 2018) and Karagare Atok Sajaprapto Narider Bishes Subidha Act, 2006 (কারাগারে আটক সাজাপ্রাপ্ত নারীদের বিশেষ সুবিধা আইন ২০০৬) and related rules are currently being implemented. In addition to 70 probation officers at the district level, all Upazila Social Services Officers and Urban Social Services Officers of the divisional district are performing additional duties of probation officers.
Probation
'Probation' is the process of correcting the crime committed by keeping a person convicted of any crime and any child in conflict with the law in prison, subject to the order of the learned court, under the supervision of the probation officer and giving him the opportunity to integrate him socially. It is a non-institutional and social remedial program. It is a well-regulated mechanism of action to correct the disorderly and illegal conduct of the Offenders. It aims to prevent re-offending and help the Offenders to become a law-abiding citizen.
'Probation Order' means any 'Probation Order' under section 5 of the Probation of Offenders Ordinance, 1960 (amended 1964) or section 34 sub-section (6) of the Children's Act, 2013 (amended 2018). The learned court issues the order of entry considering the nature of the offense, the character of the Offenders, the surroundings of the incident and his involvement in the commission of the crime.
Aims and Objectives of Probation
- Provide opportunities and help the probationer to self-improvement;
- Provision of rehabilitation of probationers through social and psychological treatment identifying the root causes of crime;
- Helping to prevent re-offending through behavioral corrections;
- To help the probationer in leading a disciplined life;
- Keeping probationers away from crime by making them aware of crime through motivation, counseling;
- Assist in becoming a law-abiding citizen;
- To make the probationer's parents and other relatives and neighbors sympathetic towards the probationer by removing prejudices from their minds
- To protect the Offenders from being labeled as a 'tainted Offenders for the slightest mistake;
- Provide opportunities to become productive and responsible citizens in society;
- Reintegration of probationers into society after correction;
- Gradually reduce the number of crimes in society;
Services Provided under the Probation of Offenders Ordinance, 1960 ((amended 1964) :
- Inform the probationer of the terms and conditions mentioned in the probation order.
- Provide necessary assistance to the probationer and members of his/her family and motivate them in complying with the terms and conditions mentioned in the order.
- Make the probationer aware of the offenses through motivation, counseling, and follow-up, and help prevent reoffending through behavioral correction.
- Assist the probationer in leading a disciplined life and becoming a law-abiding citizen.
- Take initiative after the correction of the probationer to establish him/her as a productive and responsible citizen.
- Bring the probationers released after the completion of the probation period under the rehabilitation program and regular follow-up to reintegrate them into society.
Services Provided under the Children Act 2013 (Amended 2018).
- Informal and non-institutional measures from the police station or children court for children in conflict with the law such as release from the police station, diversion, and provision of bail according to law or court order;
- Alternative care and services for children in contact with the law or disadvantaged children;
- Consider institutional care as a last resort and for the shortest duration.
Aftercare service
Aftercare Services are conducted by the Association for Correction and Rehabilitation of Offenders to integrate persons released from prison, the person released under probation and finally relieved from the probation and women sentenced to prison into society.
Purpose of Aftercare services
- Awareness of the evils effect of crime and to divert from crime through adult education and religious education in prisons;
- Promote physical and mental excellence through sports and recreational programs;
- Preventing recidivism through counseling and motivation;
- To make them self-reliant and able to earn through training programs;
- Social and economic rehabilitation through one-time financial loans or Social Safety net Programs;
- Reintegration into society.
Services provided through Aftercare Services
- Provision of adult education and religious education for inmates inside the prisons;
- Undertaking sports and recreational programs;
- Provision of various types of up-to-date training including home craft for the inmates inside the prisons;
- Organizing counseling and motivational meetings;
- To provide necessary assistance in the social and economic rehabilitation of persons released from prison;
- Provision of rehabilitation by employing various types of work as needed;
- Making arrangements for the reintegration of prisoners into society by connecting them with their relatives;
- Provide one-time financial loans to those released from prison in need to pave the way for permanent income;
- To include persons released from prison under the Social Safety net Programs of the Department of Social Services such as Old Age Allowance, Allowance for the Widow and husband deserted woman, Allowances program for person with Disabilities, etc.;
- Liaison between various departments or offices and take necessary measures for the welfare of Offenders;
- To provide financial assistance to those Offenders who are deprived of the opportunity to get bail or defend themselves in court due to financial difficulties;
Service Delivery System
In Case of Probation
- Application for probation by an Offenders convicted by a learned Court;
- The learned Court may accept the application and order the probation officer with a pre-sentence report on the Offenders;
- Filing of Pre-Sentence Report by Probation Officer;
- Grant of probation by the learned Court (subject to the signature of the bond by the Offenders) and surrender to the custody of the Probation Officer;
- Provision of counseling, monitoring, and training to the Offenders during the probation period and overall support for employment if necessary;
- Regular submission of reports to the court by the probation officer;
- Exemption from prosecution by the court and release of the probationer or sent to prison without exemption from prosecution by the court given the report of the probation officer at the end of the probation period;
- Arrangement of loan from Upazila Social Services Office if necessary for social rehabilitation of released probationers.
In case of Diversion
- Interviewing children in conflict with the law with the assistance of the Child Affairs Police Officer at the police station;
- Referral by Child Affairs Police Officer to Probation Officer for Diversion considering child's education, age, occupation, and family;
- Organizing family conferences in the presence of the child's family and the complainant;
- If the conference is successful, provide diversion, if the conference is not successful, send to the police station for prosecution;
- Regular follow-up of the child under diversion, counseling of the child and his family;
- Submit a report to Child Affairs Police Officer or Children Court at the end of the diversion period.
In Case of Alternative Care
- Receiving any underprivileged child and child in contact with the law from the police station if registered by the Child Affairs Police Officer at the police station;
- To identify underprivileged children as per Section-89 of the Children Act, 2013 (amended 2018) and to provide mental support to them;
- Make a comprehensive assessment of the child and place him temporarily in any institution under section 85 of the Children Act, 2013 (amended 2018);
- Inform the Child Welfare Board and trace the address of the child;
- To send the guardian to the family for reunification if found;
- If the guardian is not found, to ensure the institutional alternative care by sending the child to suitable institutions through the Child Welfare Board.
In Case of Aftercare
- Preparation and maintenance of an up-to-date list of regular prisoners by the probation officer with the assistance of the prison authorities according to the period of a sentence;
- Education and training trade suitable for prisoners with the help of prison authorities according to the updated list;
- Organizing motivational meetings regularly with prison authorities to reduce crime trends;
- Providing financial assistance or employment facilities to released persons subject to approval by the Association for Corrections and Rehabilitation of Offenders;
- Send the application form with a recommendation for any kind of help under the Social Safety net Program to the Upazila/City Social Service Officer where applicable;
- Assisting interest free microcredit program by Upazila/Urban Social Services Office;
- Assistance for getting allowances under Social Safety net Programs where applicable;
- Regular communication with various public-private offices and public representatives and fundraising of associations for social and economic rehabilitation of persons released from prisons, released on probation and sentenced women in prisons;
Service Center
- Office of Probation Officer, concerned Districts
- Office of Probation Officer, CMM Court,
- Upazila Social Services Office (All Upazila Social Service Officers, Additional Charges of Probation Officers)
- Urban Social Services Offices of Divisional District (In-charge of Probation Officer)
Those concerned with the implementation of the program
1. At headquarters level:
- Director (Program) - 1 person
- Additional Director (Program-1) - 1 person
- Deputy Director (Medical and Probation) - 1 person
- Assistant Director (Probation) - 1 person
2. At the field level:
- Divisional Director- 8 persons.
- Deputy Director (All Districts)- 64 persons
- Probation officers (64 districts and 06 CMM courts): 70 persons.
- Probation Officers (Upzilla Social Service Officer, In-charge) - 492 persons.
- Urban Social Services Officers of Divisional District (In-charge) - 19 persons.
Service Recipient
- Probationers ordered to probation under the Probation of Offenders Ordinance, 1960 (amended 1964);
- Sentenced prisoners within the prison;
- Children in contact with the law or children in conflict with the law under the Children Act 2013 (amended 2018);
- Underprivileged children under the Children Act 2013 (amended 2018);
- Convicted women who are eligible for special benefits under the karagare Atok Sajaprapto Narider Bishes Subidha Act, 2006. (কারাগারে আটক সাজাপ্রাপ্ত নারীদের বিশেষ সুবিধা আইন ২০০৬)
Period of services
- Time limit mentioned by the court;
- Time limits prescribed in relevant laws;
- Within 10 working days of receipt of approval by the Association for Correction and Rehabilitation of Offenders.
Necessary Fees/Tax/Accessories Cost:
- Free
Next remedial officer in case of failure to get the specified service
In The Case of Division
- Divisional Director (concerned Division)
In The Case of The District
- Deputy Director (Concerned District)
Relevant laws/rules/policies
- Probation of Offenders Ordinance, 1960 (Amended 1964) and Probation of Offenders Rules, 1971
- karagare Atok Sajaprapto Narider Bishes Subidha Act,2006. and Rules 2020 (কারাগারে আটক সাজাপ্রাপ্ত নারীদের বিশেষ সুবিধা আইন ২০০৬ ও বিধিমালা ২০২০)
- Children Act, 2013 (Amended 2018)
Areas of citizen participation
- Inform the authorities if any deviations are observed in the conduct of activities;
- Assistance in imparting educational, vocational, and skill development training to inmates;
- To provide financial assistance by Zakat, Donation, Grants, etc. to Association for Correction and Rehabilitation of Offenders;
- Assistance in the employment of released prisoners/probationers;
- Assistance in tracing the kin of released prisoners/probationers;
- Assistance in the social rehabilitation of released prisoners/ probationers etc.
Service Delivery Statistics
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Service provider office |
: |
Number of beneficiaries from district social services office Jamalpur |
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A total of 70 district-level probation officer offices in 64 districts including city social service offices under the City Corporation and all upazila social service offices. |
Number of probationers granted
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Diversion privileged children |
Rehabilitation |
Total number of beneficiaries |
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60 people |
23 people |
31 people |
114 people |
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Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS
Technical Assistance:
