Programa europeu d'intercanvi d'autoritats judicials. Centre d'Estudis Jurídics i Formació Especialitzada, 8 de juny de 2012

1. THE MAIN FEATURES OF THE
PROBATION SERVICE IN CATALONIA
Barcelona, 8th June 2012

2. ‘Probation’?
2
Different definitions and organization in different European
countries !
Council of Europe Probation Rules R (2010) 1: ‘Probation’
relates to the implementation of community sanctions and
measures, defined by law and imposed on an offender. It includes
a range of activities and interventions, which involve supervision,
guidance and assistance aiming at the social inclusion of an
offender as well as at contributing to community safety. It may also
involve providing information and advice to judicial authorities to
help them reach informed and just decisions; providing guidance
and support to offenders while in custody in order to prepare their
release and resettlement; monitoring and assistance to persons
subject to early or conditional release; restorative justice
interventions; and offering assistance to victims of crime.
‘Probation agency’ is any body designated by law to implement
one or more of the above tasks and responsibilities.

3. THE SITUATION IN EUROPE (I): REINFORCEMENT OF THE ROLE OF
PROBATION IN THE WHOLE CORRECTIONAL SYSTEM
3
IN EUROPE PROBATION HAS AN INCREASING ROLE AS A KEY
ELEMENT FOR PREVENTING REOFFENDING BY MEANS OF:
WORKING EFFICIENTLY
REDUCING SOCIAL AND ECONOMIC COSTS
BE PART OF A MULTIAGENCY APPROACH TO OFFENCES.

4. THE SITUATION IN EUROPE (I): REINFORCEMENT OF THE ROLE OF
PROBATION IN THE WHOLE CORRECTIONAL SYSTEM
4
PROBATION
EXPECTED
OUTCOMES
TO INCLUDE
TO WORK TO REDUCE COMMUNITY AND
EFFICIENTLY COSTS PROBATION IN
THE SOLUTION
ENGAGING THE COMMUNITY AS
IN TERMS OF PROBATION AS A
CONTROLING, HELPING, OFFENDER IN THE IN TERMS OF A NECESSARY
VALUE FOR PARTNER FOR A
PREVENTING ANSWERING TO IN HIS/HER OWN SOCIAL PARTNER OF
MONEY. PREVENTION
RISK NEEDS DAMAGE THE ACTION
CHANGE POLICY
PLANS

5. THE SITUATION IN EUROPE (II): JURISDCITIONS AND EUROPEAN
BODIES
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DIFFERENT SITUATIONS: JURISDICTIONS WITH DEVELOPED
SYSTEMS, JURISDICTIONS WHIT EMERGENT SYSTEMS
DEVELOPED SYSTEMS: MORE EXPERIENCE, MORE OBSTACLES
FOR MANAGING CHANGES
EMERGENT SYSTEMS: FOUNDATION FROM QUALITY, LESS
EXPERIENCE
THE ROLE OF THE EUROPEAN BODIES:
EUROPEAN UNION: FD 947/2008/JHA; FD 829/2009/JHA
+ GREEN PAPER
COUNCIL OF EUROPE: EUROPEAN PROBATION RULES

6. THE SITUATION IN SPAIN (I): PREVIOUS REMARKS
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ONE LAW, TWO JURISDICTIONS
THE CENTRAL SPANISH ADMINISTRATION
THE CATALONIAN AUTONOMOUS ADMINISTRATION (SINCE 1984)
CSM INTRODUCED IN LAW IN 1995
NEW CRIMINAL CODE
SPECIAL JURISDICTION FOR GENDER VIOLENCE
PRE-ASSESMENT REPORTS AND MEDIATION PROGRAMS,
WITHOUT EXPLICIT LEGISLATION IN FORCE.

7. THE CASE OF CATALONIA : CSM (I)
FOUR KINDS OF ORDERS 7
UNPAID WORK
SENTENCES = NUMBER OF DAYS TO SERVE
1 DAY = 4 HOURS (up to 8)
NO RETRIBUTION
MORE THAN 1.500 UNITS
SUSPENSION OF A PRISON SENTENCE UP TO 2 YEARS OR
SUBSTITUION OF A PRISON SENTENCE UP TO 1 OR 2 YEARS
LINKED TO OBLIGATIONS: FOLLOW UP OF VALIDATED PROGRAMS ON GENDER
VIOLENCE OR ADDRESSED TO DRUNK DRIVERS OR DRUG ABUSERS
PROGRAMME
SECURITY MEASURES
MENTAL ILNESS, DRUG ABUSE, MENTAL DEFICIENCY
ON CUSTODY OR ON COMMUNITY

8. THE CASE OF CATALONIA: CSM (II) EVOLUTION,
THE CLEAR EFFECT OF NEW LAWS
8 16.687 17.319
11.342
11.630
5.412
5.019
3.931
681 669 657 818 1347
584 730
67 261
96
97
98
99
00
01
02
03
04
05
06
07
08
09
10
11
19
19
19
19
20
20
20
20
20
20
20
20
20
20
20
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9. THE CASE OF CATALONIA: CSM (III), THE MODEL
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COMMUNITY
SUPERVISION
INVOLVEMENT
GUIDANCE AND
FOLLOW UP ASSISTANCE

10. THE CASE OF CATALONIA: CSM (IV), THE STAFF
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PROBATION OFFICERS
SOCIAL WORKERS, PSYCHOLOGISTS, SOCIAL EDUCATORS. ENTRANCE
FORMATION (1 MONTH)
THEY HAVE THE DUTY TO FOLLOW UP AND CONTROL THE MEASURE AND TO
MAINTAIN THE CONTACT WITH JUDGES AND COMMUNITY RESOURCES
CASELOAD 50 UP TO 75.
IN EACH TEAM, ONE SENIOR PROBATION OFFICER
2011-12 SECOND EDITION OF THE PROBATION OFFICER MASTER , TOGETHER
WITH THE UNIVERSITY OF BARCELONA
EACH ORDER HAS EACH FRAMEWORK GUIDELINES

11. THE CASE OF CATALONIA: ATTENTION TO VICTIMS
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PART OF THE PROBATION SERVICE
ATTENTION TO ALL KIND OF VICTIMS
SPECIAL VIEW ON GENDER AND DOMESTIC VIOLENCE
FOUR SPECIAL OFFICES AROUND CATALONIA
BY LAW, OUR OFFICES ARE THE COORDINATION POINT FOR
THE PROTECTION ORDERS ACCORDED BY JUDGES
THE DUTIE TO ASSIST VICTIMS AT THE JUDICIAL LEVEL
THE DUTIE TO INFORM ABOUT THE CURRENT SITUATION OF THE
OFFENDER

12. THE CASE OF CATALONIA: PRE-SENTENCE REPORTS
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PART OF THE PROBATION SERVICE
THERE IS NOT AN OBLIGATION FOR JUDGES
FOUR TOPICS
ASSESSMENT TO OFFENDERS (credibility)
ASSESSMENT TO OFFENDERS (in order to suggest a possible
CSM)
ASSESSMENT TO VICTIMS (credibility and damage caused)
SUPPORT TO THE JUDICIAL EXPLORATIONS (vulnerable victims
or witness).

13. THE CASE OF CATALONIA: MEDIATION
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PART OF THE PROBATION SERVICE
THERE IS NOT AN OBLIGATION FOR JUDGES
ONLY A NEGATIVE REFERENCE IN LAW: MEDIATION IS FORBIDEN
IN CASES OF GENDER VIOLENCE
SPECIAL AFFILIATION AGREEMENT WITH JUDGES
PRE-SENTENCE PROCESS
AFTER SENTENCE PROCESS (pilots in two prisons)
FIRST CONTACT WITH THE OFFENDER, THEN THE VICTIM

14. THE CASE OF CATALONIA: CONDITIIONAL RELEASE
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PART OF THE PRISON SERVICE
AFTER SERVING THE 2/3 OR THE ¾ OF THE SENTENCE
FOLLOW UP BY A MULTIDISCIPLINARY TEAM
CASE MANAGER: SOCIAL WORKER
FOLLOW UP FROM A PARTICULAR JUDGE, THE SAME WHO ACTS
DURING THE SERVICE OF THE SENTENCE AT PRISON
REVOCATION AFTER THE COMMISSION OF A NEW CRIME OR IF THE
OFFENDER BREACHES THE SPECIFIC OBLIGATIONS INCLUDED IN
THE CONDITIONAL RELEASE ORDER

15. FOR MORE INFORMATION OF
PROBATION IN EUROPE VISIT
WWW.CEP-PROBATION.ORG
.