A Comparison of Transition Management Practices Project partner states & Associated project partner states Prof. Dr. Frieder Dünkel Department of Criminology

Contents I.Legal issues II.Early/conditional release III.Transitional phase IV.Aftercare V. Statistical information Prof. Dr. Frieder Dünkel Department of Criminology

Legal issues I.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 1. Not addressed directly in 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 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 prison law No distinction in law 2. No legal definition No legal definition “deemed to be particularly dangerous/ a particular danger to the life, health or freedom of another” No legal definition No legal definition No legal definition “those who have committed serious harm and/or who pose a significant risk of committing future serious harm” 3. /////// 4. No such legal provision Only in case of a possible court order to prevent early release No such legal provision Prof. Dr. Frieder Dünkel Department of Criminology

Legal issues (2) I.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 5. NoLegal provisions for a redefinition of risk of all prisoners with a term of imprisonment exceeding 1 year (once a year) and before release on parole Legal provisions for a redefinition of risk for prisoners: - placed in a high- security ward (every 3 months) - segregated from other prisoners (every 30 days) - serving life sentence (before release) - serving full sentence (before release) NoLegal provisions for a re- definition of risk for prisoners: as part of the review of the sentence plan (“within reasonable time”). Legal provisions for a redefinition of risk for prisoners: - placed in a security ward (every 6 months) - being conditionally released (before release) Legal provisions for a redefinition of risk for prisoners: as part of the review of the sentence plan Prof. Dr. Frieder Dünkel Department of Criminology

Early/conditional release II.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 1. Conditional release - At ⅓ Conditional release: - At ⅓ ( ½ in more severe cases) ≥ 6 months with EM - At ½ ( ⅔ in more severe cases) ≥ 6 months without EM - Earliest after 30 years, if sentenced to life imprisonment Conditional release: - At ½ ( ⅔ for recidivists) - At ⅚ (full serving inmates, if not considered dangerous) - Earliest after 12 years, if sentenced to life imprisonment Early release: - At ¾ Temporary release (conditional release) Conditional release: - At ⅓ ≥ 2 months - At ½ ≥ 6 in special circumstances - Earliest after 15 years, if sentenced to life imprisonment Conditional release: - At ½ ( ⅔ in more severe cases) - At ¾, if convicted for a particularly serious felony - Earliest after 25 years, if sentenced to life imprisonment. Early release: - At ⅔ ≤ 3 months prior to end of term (at the discretion of the prison governor) Conditional release: - At ⅓, in special circumstances - At ½ - At ¾, if sentenced to > 15 years - Earliest after 25 years, if sentenced to life imprisonment Prof. Dr. Frieder Dünkel Department of Criminology

Early/conditional release (2) II.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 2. ………………… 3. Extent of the unserved part of the term of imprisonment, but ≥ 2 years / 5 – 10 years for more severe cases See above Life imprisonment: 10 years Extent of the unserved part of the term of imprisonment, but ≥ 1 year 12 months - 3 years Life imprisonment: 5 years Extent of the unserved part of the term of imprisonment, but < 3 years See above Life imprisonment: 3 years Custody and post-custodial supervision combined may not exceed the maximum term of imprisonment provided for by domestic law for the offence committed Life imprisonment: life long Extent of the unserved part of the term of imprisonment, between 2 – 5 years (probation) 2 – 5 years Life imprisonment: 5 years years (probation) 1 – 3 years / ≤ 5 years for recidivists Extent of the unserved part of the term of imprisonment Prof. Dr. Frieder Dünkel Department of Criminology

Transitional phase III.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 1. Sentence plan (+) Sentence plan (+) Sentence plan (+) Sentence plan (+) Sentence plan (+) Sentence plan(+) Release plan (+) Release plan?Release 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 (+) [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.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 2. 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.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 3. Probation Service (Justice assistants) 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 4. Law: At least 2 months prior to release Law: “Well before release” Law: months before the prospective release Not definedLaw: 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.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 5. 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 (-) 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 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 Prison: (-)Prison: (+), pedagogues, psychologists or social w… Community: (+), Justice assistant Community: (+), Probation officer Community: (+), Supervisor at the Community.. Community: (+), assigned Probation Officer Community: (+), Probation officer Prof. Dr. Frieder Dünkel Department of Criminology

Transitional phase (5) III.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 7. ………………… 8. 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 (-) 9. Afdeling Welzijn en Samenleving (Flanders) NGOs Peer groups, self-care groups, spiritual groups (congregations) and other voluntary organizations Community and voluntary bodies Private external services Spiritual groups (churches) NGOs, self- care groups (AA, NA) and other voluntary organizations Prof. Dr. Frieder Dünkel Department of Criminology

Aftercare IV.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 1. ………………… 2. Legal provisions (-) Legal provisions (+) Legal provisions (-) n/a Risk assessment tool (+) Risk assessment tools (+) Standards for risk assess- ment (+) 3. Houses of Justice Police services None 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 4. ………………… Prof. Dr. Frieder Dünkel Department of Criminology

Aftercare (2) IV.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 6. Police forces monitor the compliance of the offender with conditions imposed by the court, concerning the behaviour of the offender Local police is informed about offenders in their region The probation officer is entitled to receive and request information from the police 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.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 7. Only in the preparatory stage for conditional release - 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) Only in supervised probationary freedom Only for prisoner management during hospitalization and similar circumstances only. Only for offenders under supervision of conduct Being developed, but not in practical use yet EM (-) 8. EM is mostly used for house arrests. GPS is used only in a few cases (supplement for short sentences). GPS is used. In regions with tunnels and buildings LBS is used additionally. There is no electronic supervised house arrest. Prof. Dr. Frieder Dünkel Department of Criminology

Aftercare (4) IV.BelgiumEstoniaFinlandIrelandM-WSlovakiaSlovenia 9. In some cases NGOs are involved in the aftercare phase according to the regional possibilities 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 Prof. Dr. Frieder Dünkel Department of Criminology

Statistical information Prof. Dr. Frieder Dünkel Department of Criminology The project partners and associate partners did not provide for statistically comparable data. Therefore a comparison up to now has not been possible.