Prof Dr Frieder Dnkel Department of Criminology A

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

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

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

Prof. Dr. Frieder Dünkel Department of Criminology I. 5. Legal issues (2) Belgium Estonia Finland Ireland M-W Slovakia Slovenia No Legal provisions for a redefinition of risk of all prisoners Legal provisions for a redefinition of risk for prisoners: No Legal provisions for a redefinition of risk for prisoners: with a term of imprisonment exceeding 1 year (once a year) and before release on parole - placed in a highsecurity ward (every 3 months) - segregated from other prisoners (every 30 days) - serving life sentence (before release) - serving full sentence (before release) as part of the review of the sentence plan (“within reasonable time”). - placed in a security ward (every 6 months) - being conditionally released (before release) as part of the review of the sentence plan

Prof. Dr. Frieder Dünkel Department of Criminology II. Belgium Early/conditional release Estonia Finland Ireland M-W Slovakia Early release: - At ¾ 1. Conditional release: - At ⅓ (½ in more severe cases) ≥ 6 months with EM - At ½ (⅔ in more severe cases) ≥ 6 months without EM Conditional release: - At ½ (⅔ for recidivists) Temporary release (conditional release) Early release: - At ⅔ ≤ 3 months prior to end of term (at the discretion of the prison governor) Conditional release: - Earliest after 12 years, if sentenced to life imprisonment Conditional release: - At ⅓ ≥ 2 months - At ½ ≥ 6 in special circumstances - At ⅚ (full serving inmates, if not considered dangerous) - Earliest after 30 years, if sentenced to life imprisonment Slovenia - Earliest after 15 years, if sentenced to life imprisonment Conditional release: - At ⅓, in special circumstances - At ½ (⅔ in more severe cases) - At ½ - At ¾, if convicted for a particularly serious felony - 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. 2. 3. Belgium Estonia Finland Ireland M-W Slovakia Slovenia … … … … Extent of the unserved part of the term of imprisonment, but ≥ 2 years / 5 – 10 years for more severe cases Extent of the unserved part of the term of imprisonment, but ≥ 1 year Extent of the unserved part of the term of imprisonment, but < 3 years Extent of the unserved part of the term of imprisonment, between 2 – 5 years (probation) 1 - 7 years (probation) See above 12 months - 3 years See above Custody and post-custodial supervision combined may not exceed the maximum term of imprisonment provided for by domestic law for the offence committed 2 – 5 years 1 – 3 years / ≤ 5 years for recidivists Life imprisonment: 10 years Life imprisonment: 5 years Life imprisonment: 3 years Life imprisonment: life long Life imprisonment: 5 years Extent of the unserved part of the term of imprisonment

Prof. Dr. Frieder Dünkel Department of Criminology III. 1. Belgium Transitional phase Estonia Finland Ireland M-W Slovakia Slovenia Sentence plan (+) Sentence plan (+) Sentence plan(+) Release plan? Release plan (+) Release plan as part of the sentence plan 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 III. 2. Transitional phase (2) Belgium Estonia Finland Ireland M-W Slovakia Slovenia • 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 III. 3. Belgium • Probation Service (Justice assistants) 4. Practice: At the beginning of the sentence Transitional phase (3) Estonia Finland Ireland M-W Slovakia Slovenia • 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 Law: At least 2 months prior to release Law: “Well before release” Law: 6 - 12 months before the prospective release Not defined Law: 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 III. 5. Transitional phase (4) Belgium Estonia Finland Ireland M-W Slovakia Slovenia 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 (+), 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 Continuity of care (-) 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 Community: (+), Justice assistant Community: (+), Probation officer Community: (+), Supervisor at the Community. . Community: (+), assigned Probation Officer Community: (+), Probation officer Prison: (-) Prison: (+), pedagogues, psychologists or social w…

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

Prof. Dr. Frieder Dünkel Department of Criminology IV. 1. 2. Aftercare Belgium Estonia Finland Ireland M-W Slovakia Slovenia … … … … Legal provisions (+) Legal provisions (-) n/a Risk assessment tool (+) Risk assessment tools (+) • Supervisory agency • Probation officer • Criminal judge (Court for the Execution of Sentences) • Forensic psychologist • Prosecution • Non-profit organisations None … … … Legal provisions (-) • Houses of Justice • Police services None 3. 4. … … … Legal provisions (-) Standards for risk assessment (+) • Probation Service • Irish Prison Service • Courts Service • An Garda Síochána (Police) …

Prof. Dr. Frieder Dünkel Department of Criminology IV. 6. Belgium • Police forces monitor the compliance of the offender with conditions imposed by the court, concerning the behaviour of the offender Aftercare (2) Estonia • Local police is informed about offenders in their region • The probation officer is entitled to receive and request information from the police Finland Ireland M-W Slovakia Slovenia • 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 IV. 7. 8. Belgium Only in the preparatory stage for conditional release Aftercare (3) Estonia - 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) EM is mostly used for house arrests. GPS is used only in a few cases (supplement for short sentences). Finland Only in supervised probationary freedom Ireland M-W Slovakia Slovenia 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 (-) 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 IV. 9. Belgium Aftercare (4) Estonia In some cases NGOs are involved in the aftercare phase according to the regional possibilities Finland Ireland M-W 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 Slovakia Slovenia

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