PROBATION: a new impetus for Conditional Release Round table Julie Masters Andy Stelman

Benefits & Aims underpinning the work of the Probation Service 1. Reduce reoffending Reduce the prison population. Conditional Release identified as a key activity in the 2013 strategy Help offenders to reintegrate into the community Help everyone to feel safer in their communities Increase public confidence in the criminal justice system

Benefits & Aims underpinning the work of the Probation Service 2. Cost effective Assists in reducing “criminal contamination” of less serious criminals Enables the Republic of Macedonia to conform to internationally recognised penal standards and rules (e.g. Council of Europe)

WHAT THE 2013 STRATEGY SAYS ABOUT CONDITIONAL RELEASE Report will be prepared on the offender by the probation service Probation service authorized to supervise offenders on conditional release Links in with the Strategy on Re-socialisation where probation is identified as having a specific role to play in the release decision and subsequent supervision.

PRESENT SYSTEM  Different channels for application  Full sentence term  Unconditional Release [UR] (in 2014, 915)  Conditional Release [CR] (in 2014, 255)  Amnesty  Mercy

CONDITIONAL RELEASE At present, the only “condition” of Conditional Release is that the offender does not re-offend. There is currently no support for or management of the offender when he or she is back in the community. This may be the reason why Judges feel reluctant to grant Unconditional Release in many cases. The creation of a Probation Service will alter the way in which Conditional Release works in the following ways:

PROPOSED NEW CONDITIONAL RELEASE All offenders who apply for Conditional Release will have a Risks/Needs Assessment completed by a probation officer A home check will be completed by a probation officer to verify home circumstances, family perspectives etc. A supervision plan and treatment programme will be constructed for the offender based on the Risk/Needs assessment. The offender will meet with the probation officer at least 1x per week for the first 12 weeks of CR. Specific Conditions will be available to be imposed (e.g. electronic monitoring; Community Work; treatment programmes for drug or alcohol dependence; residence requirements etc.)

CONDITIONAL RELEASE Clear criteria need to be established to distinguish between thresholds for Unconditional Release & Conditional release.

Analysis of offending Gambling Alcohol misuse Drugs misuse Emotional wellbeing Attitudes Lifestyle & community Family & relationships Accommodation Employment & education Use of violence Financial situation Offending & Social Reintegration Assessment [OSRA] Case Information Risk of harm + self Ass’ment + supvn Risk of harm + self Ass’ment + supvn Assessment of Risks & Needs

Benefits of Proposed new Conditional Release Coming out of prison anyway so better to do it under supervision when further work will be done on offending Greater likelihood of successful social reintegration

Effective probation practice with an offender 1 Assess the factors associated with their offending and levels of risk of re-offending and risk of harm posed Motivate them to change their lifestyle and behaviour. This largely depends on the quality of the RELATIONSHIP between practitioner & offender Decide on the objectives of their supervision and formulate a realistic sentence plan

Effective probation practice with an offender 2 Deliver high quality work that addresses the identified factors Involve other agencies where appropriate Review and evaluate progress An offender has to want to change, have the capacity to change and have opportunities (resources) to change. Human and Social capital important in this regard

Conditional Release in England & Wales ,000 eligible to apply 4320 released (18%) 18% of RoM prison population = 452 ( figures) In E & W parole only applies to prisoners sentenced to 4 years or more, therefore potentially more releases in the RoM penitentiary system.

A POSSIBLE PROCESS Step 1: prisoner applies to via prison system for CR consideration Step 2: reports prepared by prison staff and probation (including home circumstances report) Step 3: report sent to judges panel Step 4: panel reaches decision and transmits that back to prison and prisoner

Implications of CR The introduction of a new and more systematised CR process will have implications for several groups of people: Judges Prison Governors Prosecutors Prison staff Probation staff

Possible Future Developments Arrangements for the multi agency management of the highest risk offenders which would ensure that the best possible monitoring and management arrangements were made for such offenders. This would require particular co-operation between the police and the probation service and both Ministries have expressed an interest in developing this idea.

Final Thoughts All but a handful of prisoners will be released at some point, even those considered to pose a high risk of harm to specific individuals or members of the public. Conditional release helps ensure the ‘managed’ release of offenders back into the community, reducing (but not eliminating) risk of further offending.