PROBATION IN SLOVENIA:Past Experiences, Future Challenges

Slava Novak, Secretary, Prison Administration of the Republic of SloveniaZoran Skubic, Undersecretary, Ministry of Justice of the Republic of Slovenia

Probation in Slovenia: GENERAL OVERVIEW

Slovenia does not (yet) have a single organized "umbrella" probation service. However it does have a strongly developed, decentralized and interlocking sistem of de facto "probation" activities and community sanctions, carried out by public prosecutors, Social Service Centers (pre-trial, trial and after care, community service), mediators (pre-trial) and prisons (social work in prisons).

Probation in Slovenia: GENERAL OVERVIEW

• Penal legislation determines which organizations carry out individual probation activities or measures. These duties are defined in the Criminal Procedure Act, the Criminal Code, The Enforcement of Penal Sanctions Act and individual executive regulations.

• Some activities (ie. supervision of house

imprisonment) are carried out by Court and the police.

• Various NGOs are also involved in different capacities.

SHORT PRESENTATION OF ORGANIZATIONS INVOLVED:

SOCIAL SERVICE CENTERS

•Social Service Centers (SSCs) as a part of the general social welfare system, under the supervision of the Ministry of Labour, Family and Social Affairs, carry out the most probation activities.

•SSCs act as coordination facilities for the local community area nad are involved in the coordination of other organizations in the local community area (employment, health care, education, NGO’s).

SSCs carry out the probation measures of:1. suspended sentence with custodial supervision,2. community service and 3. conditional release with custodial supervision.

• Special community service coordinators are employed at the SSCs and function at regional level (12 regions).

• SSCs cooperate with public prosecutors and judges.

• They are also obliged to cooperate with the professional staff and the prisoners in prison during the process of reintegrating the prisoners back into society.

MEDIATORS

• During the pre-trial phase victim/offender mediation can take place at the prosecutor’s office.

• Mediators, who must fulfill certain conditions, are managed by the public prosecutor’s office. They are also connected through the Victim-Offender Mediation Association in Slovenia.

• Only in cases of criminal offences for which a fine or imprisonment of up to three years is prescribed.

• Public prosecutor’s office has several duties in this field (deferment proceedings, final decision about the mediation).

PRISON ADMINISTRATION

• Prisons are internal units of the Prison Administration of the Republic of Slovenia, which is an authority within the Ministry of Justice.

• The Head Office is responsible for alignment, coordination and supervision of institutions and the provision of resources for the operation of the prisons. Prison sentences are executed in six prisons (thirteen locations).

• Prisons essentially carry out the probation measures of (1) weekend imprisonment, (2) they have some administrative tasks with home detention and in general prepare prisoners for release.

• Prison staff provides the organization of life and work in prisons that promotes suitable social inclusion of convicted persons into a normal life of liberty after serving their sentence.

Probation in Slovenia: The Dilemma

• Why such diversity?

Probation in Slovenia: The Dilemma

• Why such diversity?

• Historical reasons.

Probation in Slovenia: The Dilemma

• Why such diversity?

• Historical reasons.

• Good experiences with institutions from outside criminal justice system.

Probation in Slovenia: The Dilemma

• During the transition period after Slovenian independence in 1991 the established mechanisms of in-house penal rehabilitation and postpenal after-care as a part of the predominantly general social welfare system were mostly left intact.

Probation in Slovenia: The Dilemma

• During the transition period after Slovenian independence in 1991 the established mechanisms of in-house penal rehabilitation and postpenal after-care as a part of the predominantly general social welfare system were mostly left intact.

• The future?

CLASSIFICATION OF CRIMINAL SANCTIONS

• Art. 3. CC – Criminal sanctions consist of ssentencesentences, admonitory sanctions and safety measures.

• Art. 43. CC - Types of sentences :

- IImprisonmentmprisonment;

- Monetary fine;

- Revoking of driver’s licence.

CLASSIFICATION OF CRIMINAL SANCTIONS

• A A sentence of imprisonmentsentence of imprisonment can be enacted can be enacted as as incarceration incarceration or alternatively as:or alternatively as:

- weekend imprisonment;- home ihome imprisonmentmprisonment;;- community service.community service.

- suspended sentencesentence with custodial supervision- conditional releaserelease with custodial supervision

CRIME STATISTICS - ADULTS

• In 2012, criminal proceedings against 15,412 adults were concluded at criminal courts and in total 8,427 adult offenders were convicted.

• The most frequent criminal offences among adult perpetrators were larceny (13% of convictions), fraud, grand larceny and security threat (8% each).

• 67 imprisoned offenders67 imprisoned offenders pro 100.000 inhabitants.

CRIME STATISTICS - ADULTS

• In 2012, the most frequently imposed sentence among adults was the prison sentence.

• In 83.5% of cases the sentence was suspended. • ((OnlyOnly?)?)116.5% of adult perpetrators6.5% of adult perpetrators actually went to jail, actually went to jail,

which means just over 1,300 adultswhich means just over 1,300 adults, convicted mostly for , convicted mostly for grand larceny, illegal production and trade in narcotics, grand larceny, illegal production and trade in narcotics, larceny, robbery, domestic violence and fraud. larceny, robbery, domestic violence and fraud. 

• Fines were given to almost 4% of convicted adult perpetrators.

Probation in Slovenia: Offences adults were most commonly convicted of, Slovenia, 2012

WORKING WITH SUSPECTS AND OFFENDERS IN DIFFERENT STAGES OF THE CRIMINAL JUSTICE PROCESS (CLASSIFICATION OF “ALTERNATIVE “ALTERNATIVE SANCTIONSSANCTIONS””)(1) Pre-trial phase: deferred prosecution;

mediation

(2) Trial and enforcement phase: suspended sentence with custodial supervision; weekend or home imprisonment; community service

(3) Post release phase: conditional release with custodial supervision

Pre-trial phase

• MMediationediation and deffereddeffered prosecution prosecution are used as alternatives to going to trial.

• The SSC cooperates either with the public prosecutor and the mediator (mediation) or only with the public prosecutor (deferred prosecution).

• Example: If the public prosecutor in the deferred prosecution proceeding issues an order for the elimination or restitution of damages or an order for the performance of community service, the relevant activity is prepared and supervised by the SSC in cooperation with the public prosecutor.

Pre-trial phase

• In case the mediation proceeding leads to an agreement, the SSCs deal with the preparation and supervision of the performance of community work.

• The SSCs are also in charge of the execution/supervision of instructions and tasks, given by a prosecutor (conditionally suspended prosecution).

Trial and enforcement phase

Suspended sentence with custodial supervision

• Ordered by Court when it reaches the opinion that during the term of a suspended prison sentence such a measure is the most appropriate.

• This measure is apllied by the Court for definitive period of time within the limits of the suspension sentence.

• Supervision is exercised by a counsellor – supervisory officer from the SSC list, who appointed by the Court.

• The SSC appoint such counsellors from among its professional staff or from among other suitable persons who agree with the appointment. Instructions

Trial and enforcement phase

Weekend imprisonment

A prison sentence of up to three years, except when imposed for a criminal offence against sexual integrity, may be enforced so that a convict who meets the conditions provided by the law continues working or schooling and resides at home, except on work-free days, as a rule at weekends, when he must stay in prison.

Trial and enforcement phase

Home imprisonment

A prison sentence of up to nine months may also be served under house arrest if, considering the level of danger the convicted person represents, the possibility of the offence being repeated, and the personal, family and professional situation of the convicted person during the serving of the prison sentence, there is no need for serving the prison sentence in a prison or if the sentence must and can be served in an appropriate public institute due to the illness, disability or old age of the convicted person.

Trial and enforcement phase

Community service

Can substitute a prison sentence of up to two years. One day in prison equals two hours of community service. If a convicted person needs help, supervision or protective supervision, the court may in its judgment, for the period in which community service is performed, order custodial supervision, issue one or more instructions and appoint a counsellor.

Post release phase

Conditional release with custodial supervision• The offender, who has served 1/2 of his sentence of

imprisonment (1/3 in special circumstances), may be released from a penal institution under the condition that until the term, for which he was sentenced, has elapsed, he does not commit another criminal offence.

• The offender, who has been sentenced to over fifteen years' imprisonment, may be released on parole after he has served three quarters of the sentence.

• The offender, who has been sentenced to life imprisonment, may be released on parole after he has served twenty-five years in prison.

Post release phase

The offender, released on parole, may be put under custodial supervision by the body responsible for granting and denying parole.

Custodial supervision shall be performed by a counsellor who shall have the same tasks as in suspended sentence with custodial supervision.

Custodial supervision can last until the term, for which offender was sentenced.

ALTERNATIVE SANCTIONS IN PRACTICE – Statistics for 2012• Imprisonment – 7.932 (94 % of all convictions)• Of which suspended sentence – 6.620 (83,5 % of all

convicted offenders) and 78, 8% of total penal sanctions; • Of which suspended sentence with custodial

supervision – 76.

• Average daily prison population – 1.418• 67/100.000 inhabitants• Conditional release 256 (25 %); Early release 344 (33

%) – together 57 % (total 1049), in 2013 – 70%)

ALTERNATIVE SANCTIONS IN PRACTICE – Statistics for 2012

• Weekend imprisonment:

2008 – 5 (first introduced), 2009 – 25, 2010 – 63, 2011 – 60, 2012 – 86, 2013 – 113;

• Home imprisonment - 8

• Community service -11

Future ChallengesFuture Challenges

In view of the above, there is no central authority in Slovenia to take overall national responsibility for the area of probation, to develop it, to supervise the implementation of sanctions and measures and evaluate existent practise.

Future ChallengesFuture Challenges

We would like to preserve good practice and cooperation with different bodies involved and establish a system more transparent and effective.

Future ChallengesFuture Challenges

“Control is good, prevention is better, long-term resocialization of offenders is best.”

“Preserving good practices from the past.”

“No more control than is absolutely necessary.”

Thank you for your attention!

Najlepša hvala za pozornost!

Slava Novak, Secretary, Prison Administration of the Republic of Slovenia, Jesenkova 3, SI-1000 LjubljanaP: +386 1 300 5670F: +386 1 300 5620E: gp.ursiks(at)gov.si

Zoran Skubic, Undersecretary, Directorate for Justice Legislation, Ministry of Justice of the Republic of SloveniaŽupančičeva 3, SI-1000 Ljubljana P: +386 1 369 5342F: +386 1 369 5783E: gp.mp(at)gov.siwww.mp.gov.si