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In Japan has the longest life expectancy in the world, especially for females. Alongside of this, it may be natural to see more elderly in prisons. However, the elderly rate in Japanese prisons may not properly represent current general rate. Various measures such as, “entry support” at prosecution offices and “exit support” are implemented to integrate those who have undergone criminal justice procedures back into society. Furthermore, the increase in elderly even results in the amendment of Penal Law to change the style of imprisonment as elderly individuals who may not be able to engage in conventional prison work, that has been mandatory in Japan. However, it is necessary to question the penal policy that creates such an increase in elderly in criminal justice. In this study, the hypothesis that the introduction of fines for theft in the 2003 amendment to the Penal Code may have inadvertently led to the inclusion of elderly in criminal justice process and increase their rate in prisons. A time-series analysis using a state-space model is employed to support this hypothesis.