THE MAIN FEATURES OF THEPROBATION SERVICE IN CATALONIA              Barcelona, 8th June 2012
‘Probation’?                                2Different definitions and organization in different Europeancountries !Counci...
THE SITUATION IN EUROPE (I): REINFORCEMENT OF THE ROLE OF      PROBATION IN THE WHOLE CORRECTIONAL SYSTEM                 ...
THE SITUATION IN EUROPE (I): REINFORCEMENT OF THE ROLE OF      PROBATION IN THE WHOLE CORRECTIONAL SYSTEM                 ...
THE SITUATION IN EUROPE (II): JURISDCITIONS AND EUROPEAN                        BODIES                              5  DIF...
THE SITUATION IN SPAIN (I): PREVIOUS REMARKS                         6ONE LAW, TWO JURISDICTIONS THE CENTRAL SPANISH ADMIN...
THE CASE OF CATALONIA : CSM (I)FOUR KINDS OF ORDERS             7 UNPAID WORK   SENTENCES = NUMBER OF DAYS TO SERVE   1 DA...
THE CASE OF CATALONIA: CSM (II) EVOLUTION,               THE CLEAR EFFECT OF NEW LAWS                                     ...
THE CASE OF CATALONIA: CSM (III), THE MODEL                     9  COMMUNITY                               SUPERVISION INV...
THE CASE OF CATALONIA: CSM (IV), THE STAFF                                 10PROBATION OFFICERSSOCIAL WORKERS, PSYCHOLOGIS...
THE CASE OF CATALONIA: ATTENTION TO VICTIMS                          11PART OF THE PROBATION SERVICEATTENTION TO ALL KIND ...
THE CASE OF CATALONIA: PRE-SENTENCE REPORTS                           12PART OF THE PROBATION SERVICETHERE IS NOT AN OBLIG...
THE CASE OF CATALONIA: MEDIATION                                      13PART OF THE PROBATION SERVICETHERE IS NOT AN OBLIG...
THE CASE OF CATALONIA: CONDITIIONAL RELEASE                             14PART OF THE PRISON SERVICEAFTER SERVING THE 2/3 ...
FOR MORE INFORMATION OFPROBATION IN EUROPE VISITWWW.CEP-PROBATION.ORG           .
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The main features of the probation service in catalonia

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

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The main features of the probation service in catalonia

  1. 1. THE MAIN FEATURES OF THEPROBATION SERVICE IN CATALONIA Barcelona, 8th June 2012
  2. 2. ‘Probation’? 2Different definitions and organization in different Europeancountries !Council of Europe Probation Rules R (2010) 1: ‘Probation’relates to the implementation of community sanctions andmeasures, defined by law and imposed on an offender. It includesa range of activities and interventions, which involve supervision,guidance and assistance aiming at the social inclusion of anoffender as well as at contributing to community safety. It may alsoinvolve providing information and advice to judicial authorities tohelp them reach informed and just decisions; providing guidanceand support to offenders while in custody in order to prepare theirrelease and resettlement; monitoring and assistance to personssubject to early or conditional release; restorative justiceinterventions; and offering assistance to victims of crime.‘Probation agency’ is any body designated by law to implementone or more of the above tasks and responsibilities.
  3. 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. 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 ACONTROLING, HELPING, OFFENDER IN THE IN TERMS OF A NECESSARY VALUE FOR PARTNER FOR APREVENTING ANSWERING TO IN HIS/HER OWN SOCIAL PARTNER OF MONEY. PREVENTION RISK NEEDS DAMAGE THE ACTION CHANGE POLICY PLANS
  5. 5. THE SITUATION IN EUROPE (II): JURISDCITIONS AND EUROPEAN BODIES 5 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. 6. THE SITUATION IN SPAIN (I): PREVIOUS REMARKS 6ONE LAW, TWO JURISDICTIONS THE CENTRAL SPANISH ADMINISTRATION THE CATALONIAN AUTONOMOUS ADMINISTRATION (SINCE 1984)CSM INTRODUCED IN LAW IN 1995 NEW CRIMINAL CODESPECIAL JURISDICTION FOR GENDER VIOLENCEPRE-ASSESMENT REPORTS AND MEDIATION PROGRAMS,WITHOUT EXPLICIT LEGISLATION IN FORCE.
  7. 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. 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 26196 97 98 99 00 01 02 03 04 05 06 07 08 09 10 1119 19 19 19 20 20 20 20 20 20 20 20 20 20 20 20
  9. 9. THE CASE OF CATALONIA: CSM (III), THE MODEL 9 COMMUNITY SUPERVISION INVOLVEMENT GUIDANCE AND FOLLOW UP ASSISTANCE
  10. 10. THE CASE OF CATALONIA: CSM (IV), THE STAFF 10PROBATION OFFICERSSOCIAL WORKERS, PSYCHOLOGISTS, SOCIAL EDUCATORS. ENTRANCEFORMATION (1 MONTH)THEY HAVE THE DUTY TO FOLLOW UP AND CONTROL THE MEASURE AND TOMAINTAIN THE CONTACT WITH JUDGES AND COMMUNITY RESOURCESCASELOAD 50 UP TO 75.IN EACH TEAM, ONE SENIOR PROBATION OFFICER2011-12 SECOND EDITION OF THE PROBATION OFFICER MASTER , TOGETHERWITH THE UNIVERSITY OF BARCELONAEACH ORDER HAS EACH FRAMEWORK GUIDELINES
  11. 11. THE CASE OF CATALONIA: ATTENTION TO VICTIMS 11PART OF THE PROBATION SERVICEATTENTION TO ALL KIND OF VICTIMSSPECIAL VIEW ON GENDER AND DOMESTIC VIOLENCEFOUR SPECIAL OFFICES AROUND CATALONIABY LAW, OUR OFFICES ARE THE COORDINATION POINT FORTHE 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. 12. THE CASE OF CATALONIA: PRE-SENTENCE REPORTS 12PART OF THE PROBATION SERVICETHERE IS NOT AN OBLIGATION FOR JUDGESFOUR 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. 13. THE CASE OF CATALONIA: MEDIATION 13PART OF THE PROBATION SERVICETHERE IS NOT AN OBLIGATION FOR JUDGESONLY A NEGATIVE REFERENCE IN LAW: MEDIATION IS FORBIDENIN CASES OF GENDER VIOLENCESPECIAL AFFILIATION AGREEMENT WITH JUDGES PRE-SENTENCE PROCESS AFTER SENTENCE PROCESS (pilots in two prisons)FIRST CONTACT WITH THE OFFENDER, THEN THE VICTIM
  14. 14. THE CASE OF CATALONIA: CONDITIIONAL RELEASE 14PART OF THE PRISON SERVICEAFTER SERVING THE 2/3 OR THE ¾ OF THE SENTENCEFOLLOW UP BY A MULTIDISCIPLINARY TEAMCASE MANAGER: SOCIAL WORKERFOLLOW UP FROM A PARTICULAR JUDGE, THE SAME WHO ACTSDURING THE SERVICE OF THE SENTENCE AT PRISONREVOCATION AFTER THE COMMISSION OF A NEW CRIME OR IF THEOFFENDER BREACHES THE SPECIFIC OBLIGATIONS INCLUDED INTHE CONDITIONAL RELEASE ORDER
  15. 15. FOR MORE INFORMATION OFPROBATION IN EUROPE VISITWWW.CEP-PROBATION.ORG .

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