Download A Comparison of Transition Management Practices

Prof. Dr. Frieder Dünkel
Department of Criminology
A Comparison of
Transition Management Practices
Project partner states
&
Associated project partner states
Prof. Dr. Frieder Dünkel
Department of
Criminology
Contents
I.
II.
III.
IV.
V.
Legal issues
Early/conditional release
Transitional phase
Aftercare
Statistical information
Prof. Dr. Frieder Dünkel
Department of
Criminology
Legal issues
I.
1.
2.
3.
4.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
Not addressed
directly in law
Not addressed
in law
Not addressed
in law
No distinction
in law
Reference to
high risk
offenders in
criminal law
No distinction
in law
Not addressed
in law
No distinction
in law
Reference to
high risk
offenders in
criminal law
No distinction
in law
Reference to
high risk
offenders in
prison law
No distinction
in law
No
legal
definition
No
legal
definition
/
/
No such legal
provision
No such legal
provision
“deemed to be
particularly
dangerous/ a
particular
danger to the
life, health or
freedom of
another”
/
Only in case of
a possible
court order to
prevent early
release
No distinction
in law
No distinction
in law
No
legal
definition
No
legal
definition
No
legal
definition
/
/
/
No such legal
provision
No such legal
provision
No such legal
provision
“those who
have committed
serious harm
and/or who
pose a
significant risk
of committing
future serious
harm”
/
No such legal
provision
Prof. Dr. Frieder Dünkel
Department of
Criminology
Legal issues (2)
I.
5.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
No
Legal provisions
for a redefinition
of risk of all
prisoners
Legal provisions
for a redefinition
of risk for
prisoners:
No
Legal provisions
for a redefinition of risk
for prisoners:
Legal provisions
for a redefinition
of risk for
prisoners:
Legal
provisions for
a redefinition
of risk for
prisoners:
with a term of
imprisonment
exceeding 1 year
(once a year)
and before
release on
parole
- placed in a highsecurity ward
(every 3 months)
- segregated from
other prisoners
(every 30 days)
- serving life
sentence
(before release)
- serving full
sentence
(before release)
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
Prof. Dr. Frieder Dünkel
Department of
Criminology
Early/conditional release
II.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Early release:
- At ¾
1.
Conditional
release
Conditional
release:
- At ⅓
- At ⅓ (½ in more
severe cases) ≥ 6
months with EM
- At ½ (⅔ in more
severe cases) ≥ 6
months without
EM
Conditional
release:
- At ½ (⅔ for
recidivists)
Temporary
release
(conditional
release)
Early release:
- At ⅔ ≤ 3 months
prior to end of
term (at the
discretion of the
prison governor)
Conditional
release:
- Earliest after 12
years, if
sentenced to life
imprisonment
Conditional
release:
- At ⅓ ≥ 2
months
- At ½ ≥ 6 in
special
circumstances
- At ⅚ (full serving
inmates, if not
considered
dangerous)
- Earliest after 30
years, if
sentenced to life
imprisonment
Slovenia
- Earliest after
15 years, if
sentenced to life
imprisonment
Conditional
release:
- At ⅓, in special
circumstances
- At ½ (⅔ in
more severe
cases)
- At ½
- At ¾, if
convicted for a
particularly
serious felony
- At ¾, if
sentenced to
> 15 years
- Earliest after
25 years, if
sentenced to life
imprisonment.
- Earliest after 25
years, if
sentenced to life
imprisonment
Prof. Dr. Frieder Dünkel
Department of
Criminology
Early/conditional release (2)
II.
2.
3.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
…
…
…
…
…
…
…
Extent of the
unserved part
of the term of
imprisonment,
but ≥ 2 years /
5 – 10 years for
more severe
cases
Extent of the
unserved part
of the term of
imprisonment,
but ≥ 1 year
Extent of the
unserved part
of the term of
imprisonment,
but < 3 years
Extent of the
unserved part
of the term of
imprisonment,
between 2 – 5
years
(probation)
1 - 7 years
(probation)
See above
12 months - 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
2 – 5 years
1 – 3 years /
≤ 5 years for
recidivists
Life
imprisonment:
10 years
Life
imprisonment:
5 years
Life
imprisonment:
3 years
Life
imprisonment:
life long
Life
imprisonment:
5 years
Extent of the
unserved part
of the term of
imprisonment
Prof. Dr. Frieder Dünkel
Department of
Criminology
Transitional phase
III.
1.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
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?
Prof. Dr. Frieder Dünkel
Department of
Criminology
Transitional phase (2)
III.
2.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
• 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
accommodatio
n opportunities
• Public health
care and
education
institutions
• Societies
• Charity
organisations
• Self-help
organisations
• Other civil
society
organisations
Prof. Dr. Frieder Dünkel
Department of
Criminology
Transitional phase (3)
III.
3.
Belgium
• Probation
Service
(Justice
assistants)
4.
Practice: At the
beginning of
the sentence
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
• 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
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
Practice: At the
beginning of
the sentence
Prof. Dr. Frieder Dünkel
Department of
Criminology
Transitional phase (4)
III.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
Visits (-)
Visits (+), if
needed
Visits (+): 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 (+), 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
5.
Continuity of
care (-)
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
Community:
(+), Justice
assistant
Community: (+),
Probation
officer
Community: (+),
Supervisor at
the Community
..
Community: (+),
assigned
Probation
Officer
Community:
(+),
Probation
officer
Prison: (-)
Prison: (+),
pedagogues,
psychologists
or social w…
Prof. Dr. Frieder Dünkel
Department of
Criminology
Transitional phase (5)
III.
7.
8.
9.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
…
…
…
…
…
…
…
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 (-)
Peer groups,
self-care
groups, spiritual
groups
(congregations)
and other
voluntary
organizations
Community and
voluntary
bodies
Private external
services
Spiritual groups
(churches)
NGOs, selfcare groups
(AA, NA) and
other
voluntary
organizations
Afdeling
Welzijn en
Samenleving
(Flanders)
NGOs
Prof. Dr. Frieder Dünkel
Department of
Criminology
Aftercare
IV.
1.
2.
Belgium
Estonia
Finland
Ireland
M-W
Slovakia
Slovenia
…
…
…
…
…
…
…
Legal provisions
(+)
Legal provisions
(-)
Risk
assessment
tool (+)
Risk
assessment
tools (+)
Legal
provisions (-)
• Houses of
Justice
• Police
services
None
3.
4.
…
…
…
Legal
provisions (-)
Legal provisions
(-)
Legal
provisions (-)
n/a
Standards for
risk assessment (+)
• 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
…
…
…
Prof. Dr. Frieder Dünkel
Department of
Criminology
Aftercare (2)
IV.
6.
Belgium
• Police forces
monitor the
compliance
of the
offender with
conditions
imposed by
the court,
concerning
the
behaviour of
the offender
Estonia
• Local police is
informed
about
offenders in
their region
• The probation
officer is
entitled to
receive and
request
information
from the
police
Finland
Ireland
M-W
Slovakia
Slovenia
• 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
Prof. Dr. Frieder Dünkel
Department of
Criminology
Aftercare (3)
IV.
Belgium
Only in the
preparatory
stage for
conditional
release
Estonia
7.
- 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)
8.
EM is mostly
used for house
arrests.
GPS is used
only in a few
cases
(supplement
for short
sentences).
Finland
Only in
supervised
probationary
freedom
Ireland
Only for
prisoner
management
during
hospitalization
and similar
circumstances
only.
M-W
Only for
offenders
under
supervision of
conduct
GPS is used.
In regions with
tunnels and
buildings LBS is
used
additionally.
There is no
electronic
supervised
house arrest.
Slovakia
Slovenia
Being
developed, but
not in practical
use yet
EM (-)
Prof. Dr. Frieder Dünkel
Department of
Criminology
Aftercare (4)
IV.
9.
Belgium
Estonia
In some cases
NGOs are
involved in the
aftercare phase
according to
the regional
possibilities
Finland
Ireland
M-W
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
Slovakia
Slovenia
Prof. Dr. Frieder Dünkel
Department of
Criminology
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.