a comparison of transition management practices project partner states & associated project...

A Comparison of Transition Management Practices

Project partner states&

Associated project partner states

Prof. Dr. Frieder DünkelDepartment of Criminology

Contents

I. Legal issuesII. Early/conditional releaseIII. Transitional phaseIV. AftercareV. Statistical information


Legal issuesI. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

1.Not addresseddirectly in law

No distinction in law

Not addressedin law


Reference to high risk

offenders in criminal law


Not addressedin law



offenders in criminal law


Not addressedin law



offenders in prison law


2.No

legaldefinition

No legal

definition

“deemed to be particularly dangerous/ a particular danger to the life, health or freedom of another”

No legal

definition

No legal

definition

No legal

definition

“those who have committed serious harm and/or who pose a significant risk of committing future serious harm”

3. / / / / / / /

4.No such legal provision

No such legal provision

Only in case of a possible court order to prevent early release






Legal issues (2)I. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

5.

No Legal provisions for a redefinition of risk of all prisoners

with a term of imprisonmentexceeding 1 year(once a year) and before release on parole

Legal provisions for a redefinition of risk for prisoners:

- placed in a high-security ward (every 3 months)- segregated from other prisoners (every 30 days)- serving life sentence (before release)- serving full sentence (before release)

No Legal provisions for a re-definition of risk for prisoners:

as part of the review of the sentence plan

(“within reasonable

time”).


- placed in a security ward (every 6 months)- being conditionally released(before release)


as part of the review of the sentence plan


Early/conditional releaseII. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

1.

Conditional release - At ⅓

Conditional release:

- At ⅓ (½ in more severe cases) ≥ 6 months with EM

- At ½ (⅔ in more severe cases) ≥ 6 months without EM

- Earliest after 30 years, if sentenced to life imprisonment


- At ½ (⅔ for recidivists)

- At ⅚ (full serving inmates, if not considered dangerous)


Early release: - At ¾

Temporary release

(conditional release)


- At ⅓ ≥ 2 months

- At ½ ≥ 6 in special circumstances



- At ½ (⅔ in more severe cases)

- At ¾, if convicted for a particularly serious felony

- Earliest after 25 years, if sentenced to life imprisonment.

Early release: - At ⅔ ≤ 3 months prior to end of term (at the discretion of the prison governor)


- At ⅓, in special circumstances

- At ½

- At ¾, if sentenced to > 15 years



Early/conditional release (2)II. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

2.… … … … … … …

3.

Extent of the unserved part of the term of imprisonment, but ≥ 2 years /5 – 10 years for more severe cases

See above

Life imprisonment: 10 years

Extent of the unserved part of the term of imprisonment, but ≥ 1 year

12 months - 3 years


Extent of the unserved part of the term of imprisonment, but < 3 years

See above


Custody and post-custodial supervision combined may not exceed the maximum term of imprisonment provided for by domestic law for the offence committed

Life imprisonment: life long

Extent of the unserved part of the term of imprisonment, between 2 – 5 years (probation)

2 – 5 years


1 - 7 years(probation)

1 – 3 years /≤ 5 years for recidivists

Extent of the unserved part of the term of imprisonment


Transitional phaseIII. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

1.

Sentence plan (+)

Sentence plan (+)

Sentence plan (+)

Sentence plan (+)

Sentence plan (+)

Sentence plan(+)

Sentence plan(+)

Release plan (+)

Release plan? Release plan (+) Release plan (+) Release plan (+) Release plan as part of the sentence plan

Release plan as part of the sentence plan

Transfer to open prison (+)

Transfer to open prison (+), if prerequisites fulfilled

Transfer to open prison (+)

Transfer to open prison may be granted for prisoners with short sentences or a remaining term > 2 years

Transfer to open prison (+), if this serves to prepare the prisoner’s release

Transfer to open prison (+), if placed in a low security prison

Transfer to open prison?

Prison leave (+) Prison leave (+)[21 days/year]

Prison leave (+)[max. 6 months prior to release on parole]

Prison leave (+)[duration within the discretion of the Minister]

Prison leave (+)[21 days/year + special leave of 1 week per 3 months]

Prison leave(+)[max. period of 5 days]

Prison leave?


Transitional phase (2)III. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

2.

• Psychosocial Service as part of the Prison Service• The French

and Flemish Community

• Case manager• By request of

the case manager:Probation officer, local municipality, social worker

• Senior criminal sanctions official (if necessary in cooperation with prison’s social worker, worker for alcohol and drug abusers, guidance counselor, health care) • Local

authorities of the municipality • Psychiatric

Prison hospital

• Prison Service• Custody

Management• Health and

Nursing Service• Psychology

Service• Addiction

Service• Training

Service• Chaplaincy• Statutory

services • Community

and voluntary bodies

• Division manager • Psychological

service • Prison officers• Supervisory

office• Probation

officer• Court for the

Execution of Sentences• Police • Forensic

psychologist• Prosecution

• Corps of Prison and Court Guard officers

• Centres for social work• Institutions

responsible for employment• Organisations

providing accommodation opportunities• Public health

care and education institutions• Societies• Charity

organisations• Self-help

organisations• Other civil

society organisations



3.• Probation

Service (Justice assistants)

• Local municipalities

• Social worker of the prisoner’s municipality (if subjected to supervision)

• Probation Service • Prison Service• Courts Service • An Garda

Síochána

• Halfway houses • Debt

regulation• Counseling • Clinics for

therapy• Social

assistance office • Employment

agencies

• Probation and mediation officers

• Social work centres

4.Law: At least 2 months prior to release

Law: “Well before release”

Law: 6 - 12 months before the prospective release

Not defined Law: At least 3 months prior to release

Practice: At the beginning of the sentence


Practice: At the latest 6 months before release




5.Visits (-) Visits (+), if

neededVisits (+): once or twice a few months before

release

Visits (+),if prisoners are

subject to post custody

supervision

Visits (+), if needed (at

least 6 months prior to release):

frequency is set individually

Visits (-) Visits (+),frequency is

set individually

Continuity of care (-)

Continuity of care (+), by law for those placed

under supervision

Continuity of care (+) for post

custody supervision or

supervision as a condition of a

temporary release order

Continuity of care (+), by law

6.Prison: (+), member of the Psychosocial Service

Prison: (+), Officers/contact persons

Prison: (+), Senior criminal sanctions official

Prison: (+), case manager of the ISM

Prison: (+), manager of a division

Prison: (-) Prison: (+), pedagogues, psychologists or social w…

Community: (+), Justice assistant

Community: (+), Probation officer

Community: (+), Supervisor at the Community ..

Community: (+), assigned Probation Officer

Community: (+),Probation officer



7.… … … … … … …

8.

Halfway houses (-)

Halfway houses (-)

Halfway houses (+)

Halfway houses (-)

Halfway houses (+)

Halfway houses (-)

Halfway houses (-)

EM (+) only in the

preparatory stage for

conditional release

EM (+) in combination

with release on parole

EM (+) as part of the

“Supervised probationary

freedom”

EM (-) EM (+) for offenders under supervision of

conduct

EM (-), but in development

EM (-)

9.Afdeling Welzijn en Samenleving(Flanders)

NGOs Peer groups, self-care groups, spiritual groups (congregations) and other voluntary organizations

Community and voluntary bodies

Private external services

Spiritual groups (churches)

NGOs, self-care groups (AA, NA) and other voluntary organizations


AftercareIV. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

1.… … … … … … …

2.Legal provisions (-)

Legal provisions (+)

Legal provisions (-)




n/a

Risk assessment tool (+)

Risk assessment tools (+)

Standards for risk assess-ment (+)

3.

• Houses of Justice • Police

services

None • Probation Service • Irish Prison

Service • Courts

Service• An Garda

Síochána (Police)

• Supervisory agency• Probation

officer• Criminal judge

(Court for the Execution of Sentences)• Forensic

psychologist• Prosecution • Non-profit

organisations

None None

4. … … … … … … …


Aftercare (2)IV. Belgium Estonia Finland Ireland M-W Slovakia Slovenia

6.

• Police forces monitor the compliance of the offender with conditions imposed by the court, concerning the behaviour of the offender

• Local police is informed about offenders in their region • The probation

officer is entitled to receive and request information from the police

• The police can assist the supervisor with appointments • Police officers

are used as assistant supervisors with high risk offenders• The

supervisor can receive information on the parolee from the police

Involvement only in relation the requirements of sex offenders under the Sex Offenders Act 2001 and a joint model of sex offender management (SORAM)

• The police have to share any information about the offender with the probation officer • The police

visits the offender at home and controls if he/she complies with the directives and obligations

• The police take part in the control/ supervision after release in cooperation with the probation and mediation officers

n/a



7.

Only in the preparatory stage for conditional release

- Release on parole with EM- EM as an alternative to arrest in the pretrial phase- EM as a supplement for short sentences (up to 6 months)

Only in supervised probationary freedom

Only for prisoner management during hospitalization and similar circumstances only.

Only for offenders under supervision of conduct

Being developed, but not in practical use yet

EM (-)

8.

EM is mostly used for house arrests.GPS is used only in a few cases (supplement for short sentences).

GPS is used. In regions with tunnels and buildings LBS is used additionally. There is no electronic supervised house arrest.



9.In some cases NGOs are involved in the aftercare phase according to the regional possibilities

NGOs are involved in the aftercare phase, but not with legal responsibilities

The Probation Service works in partnership with voluntary organizations

The Probation service works in cooperation with non-profit organisations


Statistical information


• The project partners and associate partners did not provide for statistically comparable data. Therefore a comparison up to now has not been possible.

a comparison of transition management practices project partner states & associated project...

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