probation in romania change. challenge. progress bugibba, malta, 24th october 2014
TRANSCRIPT
Probation in Romania
Change. Challenge. Progress
Bugibba, Malta, 24th October 2014
Romania
by area, the ninth largest Member State
by population, the seventh largest of the European Union, with app. 20 million people
The probation system
established as a public service in 2001
following an experimental period of 5 years
Within the Ministry of Justice, distinct from the Prison Administration
The probation system
Central level – National Probation Directorate - 16 employees: 6 probation inspectors, 6 legal advisors, 2 psychologists, 2 administrative staff
Local level - 42 probation services: 370 probation staff, graduated in social work, law, psychology, sociology or pedagogy out of which 42 are probation chiefs
NATIONAL PROBATION DIRECTORATE
42 PROBATION SERVICES
The change
Constant increase of the probation activity
0
10,000
20,000
30,000
40,000
50,000
60,000
2002 2006 2008 2010 2011 2012 2013
prison
probation
The change
1st of February 2014 - First fundamental legislative reform in
half of century
New Criminal Code, New Criminal Procedure Code
New laws for probation
New law for prison
The change - reports
Old attributions Report - in the prosecuting,
court judgment and executional stage
preparing the assessment reports for the accused minors - Prosecution;
preparing, the presentence reports for the minor or adult offenders - Court;
preparing the supervision reports for the convicted minor or adult offenders, at the request of the Court, in case that they break the obligations and measures imposed on them.
Current attributions Report - in the prosecuting, court
judgment and executional stage:
preparing the assessment reports for the accused minors – Prosecution;
Preparing the presentence reports for the minor or adult offenders – Court;
preparing the report in the executional stage:
- in order to change the measures or obligations;
- in case of breaking the obligations and measures;
- in case of fulfilling the measures.
The change - supervision
Old attributions
Supervising the manner in which the convicted person respects the measures and obligations imposed on them by the court during the probation period.
The probation services can run specialized reintegration programmes for the convicted persons maintained in liberty if they request to be assisted.
Current attributions
Supervising the convicted persons to respect the measures and obligations imposed by the court during the probation period.Supervising the obligation to perform an unpaid activity in an institution of public interest (only for adult offenders); - restriction to not leave the country without the judge’s permission; - to participate in a specialized reintegration program.The probation services have to run the reintegration programs for the convicted persons if they request to be assisted.
The change - minors
Old attributions
1 noncustodial measure under probation
supervision:
educational measure of liberty under
surveillance
Current attributions
4 noncustodial measures:
civic education supervision
consignment during the weekend
daily assistance
The change – in prison
Old attributions
Participation of a probation officer in the Conditional Release Commission.
The probation services can run the reintegration programmes for the convicted persons.
Current attributions
Old +
Supervision of conditional released inmates from prisons – remaining of sentence more than 2 years.
The change - organisation
Old organisation
Probation Department within the Ministry of Justice (16 positions)
42 probation services supported from the budgets of the courts (280 probation counsellors)
Current organisation
National Probation Directorate (NPD) within the Ministry of Justice (90 positions)
42 probation services supported from the budgets of the NPD (370 probation counsellors)
In 2017 – app. 1000 probation staff
The challenge
Overcrowding Change of the profile of the people in
probation New procedures for probation practice New administrative procedures New staff New organisation
The progress?
Role of the probation service within the justice system
Decreasing the prison population Reducing the costs Educating the community
Of course we can!
To see the progress
Come to Romania!The host of the 12th General Assembly of the
CEP in 2016
Thank you!
Iuliana CĂRBUNARUGeneral Director
National Probation DirectorateRomanian Ministry of Justice