Conditional Release, Community Work & the new Probation Law Round table 16.5.16 Andy Stelman Vesna Babic

Benefits & Aims underpinning the work of the Probation Service 1. Reduce reoffending Reduce the prison population. Conditional Release & Community Work identified as key activities Help offenders to reintegrate into the community Help everyone to feel safer in their communities Increase public confidence in the criminal justice system BP1 – MoJ 2010 stats 7% more effective than 12 month or less custody BP2 – thus allowing prison officers to concentrate on rehab. of prisoners more effectively. On 28.4.15 there were 3152 prisoners (capacity is 2026) ie 55% overcrowding (DES statistics)

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) BP1 - in 2013 fiscal experts from the Uk working with RoM Ministry of Finance estimated that daily cost of supervision (without any extras) was 40 denars compared to prison daily cost of 950 !! In Holland probation is costed as 12 x cheaper than prison, a perhaps more realistic costing if you add on conditions and/or EM. BP2 – where do offenders go to University for “higher education”? PRISON!

WHAT THE 2013 & 2015 STRATEGIES SAY 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 re-socialisation references in the 2015 national strategy for development of the penitentiary system, where probation is identified as having a specific role to play in the release decision and subsequent supervision.

CURRENT MECHANISMS FOR RELEASE 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 actual 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 Conditional 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.)

Social Reintegration Assessment [OSRA] Assessment of Risks & Needs Risk of harm + self Ass’ment + supvn Case Information Analysis of offending Emotional wellbeing Offending & Social Reintegration Assessment [OSRA] Alcohol misuse Attitudes Drugs misuse Lifestyle & community Gambling Family & relationships T Use of violence Accommodation Financial situation Employment & education

Some 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 Reduction in prison population

Effective supervision of an offender on Conditional Release 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 Monitor and control Decide on the objectives of their supervision and formulate a realistic release plan

Effective supervision of an offender on Conditional Release 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.

Conditional Release in England & Wales 2012-13 24,000 eligible to apply 4320 released (18%) 18% of eligible RoM prisoners = 452 (31.12.14 figures) In E & W parole only applies to prisoners sentenced to 4 years or more, therefore potentially more releases in the RoM penitentiary system.

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.