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EUROPEAID/136567/DH/SER/AZ
CONTRACT ENI/2016/376256
FEBRUARY 2018
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 2
Component II
Offender Management System
Result 4: Preparations to introduce a Probation Service will be significantly
advanced.
Activity 2.3: Assist the Ministry of Justice by:
d) preparing operational instructions;
Contributor to the document
Name Position Contribution
Daniel Stoyanov KE 3: Community sanctions Expert Author
The opinions expressed in this document represent the views of the authors, which are not
necessarily shared by the European Union Delegation to the Republic of Azerbaijan or other
stakeholders.
Particip GmbH
Merzhauser Str. 183
D-79100 Freiburg
Germany
Tel: +49 761-79074-0
Fax: +49 761-79074-90
www.particip.de
ICON Institute
Von-Groote-Str. 28
D-50968 Köln
Germany
Penal Reform International
1 Ardleigh Road
London N1 4HS
United Kingdom
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 3
Contents
1 Introduction ...............................................................................................................................4
2 Social Inquiry Report (SIR) ......................................................................................................5
3 The Pre-sentence Report (PSR) ............................................................................................10
4 The Evaluation Report (SIR) ..................................................................................................18
Supporting the development of the judicial system and improving the services provided by the agencies
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1 Introduction
The mission of the newly established Probation Service of the Republic of Azerbaijan is to protect
the public and make society safer by reducing reoffending through effective supervision and social
rehabilitation of sentenced offenders in the community.
The guiding principle of the probation officers’ work is the treatment of all offenders equally and
impartially in order to avoid any discrimination on the grounds of race, nationality, ethnic origin, sex,
age, disability, religion, sexual orientation or any other improper ground.
One of the main tasks of the probation officers is to provide courts or prosecuting authorities with
information about offender’s personality and behaviour by means of preparation and delivering of
social-enquiry, pre-sentence and evaluation reports.
These first generation instructions serve as a basic information tool that might be used by probation
officers while preparing different type of reports. After its piloting in practice they need to be further
developed and improved to reflect the practical aspects of its implementation.
The instructions are based on the following assumptions:
 the mandatory use of social inquiry report, pre-sentence report and evaluation report by the
Court or prosecuting authorities is introduced in the Criminal Procedure Code of the
Republic of Azerbaijan, Probation Law or Code for Execution of Punishments;
 Risk and Needs Assessment tool has been developed and implemented in the work of
Probation Officers and Prisons’ Staff.
Type and purpose of the reports
The social inquiry report (SIR) can be requested by the Court or prosecuting authorities at any phase
during the criminal proceedings in cases where no admission of guilt is presented by the accused.
This report is similar in content to the pre-sentence report (PSR) but does not include the description
of events of the accused or any recommendations to the court with regards to sentencing.
The pre-sentence report (PSR) is prepared by the probation officer after guilt is established and
before the Court makes its decision on the type of imposed punishment. This report contains
extensive information about the offender's background and present situation, as well as
recommendations to the Court with regard to sentencing.
The evaluation report (ER) is prepared before the prisoner is proposed for early conditional release
from prison or the replacement of the sentence with a less strict one. The ER is focused on the risk
of the offender to do harm of the society (re-offend) and his chances for successful social inclusion
at freedom.
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2 Social Inquiry Report (SIR)
1. The request
1.1. The court or prosecuting authority send to the Head of the respective Probation Office written
request for a social inquiry report. The request includes information for the number of the criminal
case, the date of the next court hearing, the name, address and phone number of the accused and
his/hers defender. If the accused is under remand, the request should have information about the
place of the detention where the convict is detained. The request should be sent at least 15 days
prior to the date of the court hearing.
1.2. One working day after receiving the Court request for SIR, the Head of the Probation Office
taking into account the average workload of the probation officers, assigns a probation officer
responsible for the preparation of the SIR.
REMARK – if the accused is of age between 14 and 18, the request is assigned to the probation
officer, specialized to work with juveniles.
2. The appointment letter
2.1. Latest on the next day, the probation officer sends an appointment letter to the accused, asking
him to attend the Probation office for an interview at a specified date and time and informing the
accused about the possibility to be visited at his/hers home place of residence. The appointment of
the meeting and eventually the home visit might be done through a phone call with the accused if he
is not under pre-trial attention.
2.2. The interview date should be in a time period not later than 5 days from the date of the assigned
case. Any travel costs for the visit for the interview are met by the accused person. The appointment
letter contains information for the address of the Probation Office, the name and the phone number
of the probation officer. In case the accused could not visit the Probation office at the specified date
for the interview he/she has the possibility to call the probation officer and to re-schedule the date
within the same time period. The phone call should be made immediately after the accused received
the appointment letter.
REMARK: If the accused is under remand, the probation officer sends the appointment letter to the
remand institution and visits the accused not later than 5 days of the assignment case date.
3. The interview
3.1. The interviewer should collect information on the current circumstances around the accused
person such as: where he/she lives and with whom; the relations in the family; the educational status;
employment status and sources of income; factors influencing or which can influence the general
behaviour – friends, hobbies, leisure activities; health status, such as illnesses or disabilities,
especially mental disability, drugs or alcohol misuse, gambling habits.
4. The home visit
4.1. If the probation officer receives enough information from the interview the home visit is not
necessary. If there are any doubts in the probation officer about the reliability of the given information
then he may appoint a home visit during the interview with the accused.
5. Other sources for crosschecking the information provided by the accused or his/hers
family:
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5.1. The Probation officer may have to check that the information provided by the accused and/or
his/hers family is accurate. Contacts may be made with the employer or other individuals such as
colleagues, friends, teachers, or other persons depending on the case that might help with the
necessary information for making the personal and social characteristic of the accused person.
IMPORTANT: At the end of the interview, the Probation officer has to draw attention to the possibility
for contacting the above mentioned people and to take permission from the accused to do that. If
the accused believes that contacts with any of this people may cause him/her problem he/she may
refuse to give permission.
6. The report
6.1. The report should be in written and prepared latest 10 days after the court requests the SIR.
One copy of the report should be send to the court, the accused and his/her defence lawyer and the
prosecution.
6.2. The report should be objective, based on facts and unbiased.
REMARK: In case the accused does not cooperates and refuses to give information or does not
come to the interview, the probation officer sends to the court a letter explaining that report is
unavailable due to the lack of enough information and the reasons for that.
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Example of the content of the Social Inquiry Report
SOCIAL INQUIRY REPORT
This report is a confidential document
Part I ADMINISTRATIVE DATA
Name of the Court that
requests the report
Address of the Court
Case-file number:
Date of the next court hearing:
Date of the report request:
Name and family name of the
probation officer who conducts
the interview
Date and the place where the
interview was held
Part II PERSONAL DETAILS of the accused:
Name:
(First name, family name)
Date and place of birth:
Age:
Address by ID:
Address of place of residence:
Post Code:
Telephone number
Home:
Mobile
ID Number
Parents’ names
Marital status
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Education and qualifications
Profession practiced
Place of work
Occupational work (works,
works casually, does not work)
Part III PERSONAL CHARACTERISTICS DATA, ANALYSIS and CONLUSIONS
Family environment and living
conditions of the accused, with
regard to his/her behaviour
School environment of the
accused, with regard to his/her
learning results and eventual
educational difficulties (at a
school age or while studying)
Occupational environment of
the accused, with regard to
his/her work attitude
Factors influencing or which
can influence the general
behaviour of the accused –
friends, hobbies, leisure
activities, drugs or alcohol
misuse, gambling habits
Health status, such as illnesses
or disabilities, especially
mental disability
Observations and conclusions
of the probation officer who
conducts the interview
Date of the completion of the
report and signature of the
probation officer who conducts
the interview
IMPORTANT REMARK: in case the accused under remand is held in a custodial institution which is
at place different from the permanent place of residence, the home or last known address of the
accused, the probation officer in charge of the preparation of the report forwards a request through
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intranet communication system of Probation Service for a home visit to the Probation Office of the
respective region where is the home of the accused. After that, the procedure is the same as
described from point 1 till point 4.1 above. The probation officer who conducts the home visits fills in
the relevant components of part III of SIR and sends it back to the probation officer in charge of the
report. In case of emergency the information can be shared by the phone to the probation officer in
charge but nevertheless a sign part III of SIR should be send to the requesting home visit probation
officer.
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3 The Pre-sentence Report (PSR)
This section should be read in connection with Section I. The instructions below describe only the
differences in the procedure to be followed and the additional requirements necessary for the
fulfilment of the PSR.
7. Purpose of the report
7.1. PSR aims to assist the Court in the process of taking decision on the suitable type of punishment
that must be given to the offender. The PSR provides information about the offender and in addition
to SIR includes offence analysis, offender’s assessment, the assessment of the risk of serious harm
to the community and includes proposal on the type of punishment in regard to protect the public,
rehabilitate the convict and reduce re-offending.
8. Offence analysis
8.1. The offences analysis gives very brief information about the committed crime and provides
answers to the following questions:
 What particular reasons motivate the offender to commit the crime?
 Does the offender accept his/hers own responsibility for the committed crime?
 Does the offender recognise the influence and effects of the committed crime on the victim(s)?
 Does the offender recognise the influence and effects of the committed crime on the
community?
 Is the current crime part of an established model of criminal behaviour?
 Is the current crime indicating increase in the seriousness of the criminal behaviour?
9. Offender’s assessment
9.1. The part of PSR, dealing with the offender’s assessment is aimed to highlight possible effective
treatment in order to reduce any risks of harm that the offender may cause to the community and to
reduce the possibility of reconviction.
9.2. It is based on the information acquired from the interview with the offender but is focused on
what kind of criminogenic factors are related to the delinquent behaviour and provides answers to
the following questions:
 Are the living conditions of the offender relevant to the criminal behaviour? If yes, in what way?
 Is the relationship with the partner, family members, friends and acquaintances relevant to the
criminal behaviour? If yes, in what way?
 Is the lack of education, vocational training or work relevant to the criminal behaviour? If yes, in
what way?
 Is the lack of sources of income relevant to the criminal behaviour? If yes, in what way?
 Is the lack of basic social skills relevant to the criminal behaviour? If yes, does the offender
demonstrate:
– Inadequate personal communicative skills;
– Difficulty to understand and accept the other people’s point of view;
– Spontaneous thinking and/or behaviour;
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– Use of improper problems solving approaches;
 Is alcohol misuse relevant to criminal behaviour?
 Is drug misuse relevant to criminal behaviour?
 Are there any mental health issues relevant to criminal behaviour?
10. Offender’s risk assessment
10.1. Assessment of the possibility the offender to commit a new crime and cause harm to the
society. This assessment is based on the current offence, the attitude of the offender towards it and
other relevant information gathered in the process of writing the PSR.
10.2. Assessment of the possibility the offender to do any self-harm. (suicide, self-injuries).
10.3. Assessment of the motivation of the offender to make positive changes in his/hers life.
REMARK: The risks and motivation are assessed as low, medium and high.
11. Conclusion
11.1. Based on the seriousness of the offence in this part the probation officer makes a proposal to
the court on the suitable type of punishment that must be given to the offender, including a custodial
sanction when such is necessary in order to protect the public and reduce reoffending.
11.2. If the proposal includes community sanctions (public work, limitation of freedom and measures
attached to the main punishment) it should define the range of hours of community work, propose
the level of probation supervision and specify the type or types of probation measures (correctional
behaviour treatment programs, rehabilitation treatment programs for drugs and alcohol addicts,
attending vocational training courses, restriction of movement measures).
11.3. Where the proposal includes a custody punishment the probation officer should identify any
anticipated effects on the offender’s family circumstances, current employment or education.
12. Sources of information
Previous social inquiry report - if such has been ordered by the Court and prepared by the Probation
Service in the time period of six months before the current request. If the previous SIR is older than
six months the information should be verified again.
Interview – at least one, if necessary a second interview might be held;
Home Visit – upon discretion of probation officer;
Criminal case/Court file – first obligatory source of information in regard to current offence;
Criminal record of the offender in regard to previous convictions;
Optional:
– consultation with other experts such as psychologist, doctors or social workers;
– meetings with friends, co-workers or co-students;
– meetings with family relatives and/or partners of the offender;
– meetings with victim/s;
REMARK: all other steps and procedures are as defined in point 1 to point 6.2 above.
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Example of the content of the Pre-Sentence Report
PRE-SENTENCE REPORT
This report is a confidential document
Part I ADMINISTRATIVE DATA
Name of the Court that
requests the report
Address of the Court
Case-file number:
Date of the next court hearing:
Date of the report request:
Name and family name of the
probation officer who conducts
the interview/s
Date/s and the place where the
interview/s was/were held
sources of information
Interview
Home Visit
Criminal case/Court file
Criminal record
Other (please elaborate)
 consultation with
other experts such as
psychologist, doctors
or social workers;
 meetings with friends,
co-workers or co-
students;
 meetings with family
relatives and/or
partners of the
offender;
 meetings with
victim/s;
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Part II PERSONAL DETAILS of the offender:
Name:
(First name, family name)
Date and place of Birth:
Age:
Address as per ID:
Address of place of residence:
Post Code:
Telephone numbers:
Home:
Mobile:
ID Number
Parents’ names
Marital status
Education and qualifications
Profession practiced
Place of work
Occupational work (works,
works casually, does not work)
Part III PERSONAL CHARACTERISTICS DATA of the offender
Family environment and living
conditions of the offender, with
regard to his/her behaviour
School environment of the
offender, with regard to his/her
learning results and eventual
educational difficulties (at a
school age or while studying)
Occupational environment of
the offender, with regard to
his/her work attitude
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Factors influencing or which
can influence the general
behaviour of the offender –
friends, hobbies, leisure
activities, drugs or alcohol
misuse, gambling habits
Health status, such as illnesses
or disabilities, especially
mental disability
Part IV Offence analysis
Brief information about the
committed crime
What particular reasons
motivate the offender to
commit the crime?
Does the offender accept
his/hers own responsibility for
the committed crime?
Does the offender recognise
the influence and effects of the
committed crime on the
victim(s)?
Does the offender recognise
the influence and effects of the
committed crime on the
community?
Is the current crime part of an
established model of criminal
behaviour?
Is the current crime indicating
increase in the seriousness of
the criminal behaviour?
Part V OFFENDER’s ASSESMENT
Are the living conditions of the
offender relevant to the
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criminal behaviour? If yes, in
what way?
Is the relationship with the
partner, family members,
friends and acquaintances
relevant to the criminal
behaviour? If yes, in what way?
Is the lack of education,
vocational training or work
relevant to the criminal
behaviour? If yes, in what way?
Is the lack of sources of income
relevant to the criminal
behaviour? If yes, in what way?
Is the lack of basic social skills
relevant to the criminal
behaviour? If yes, does the
offender demonstrate:
 Inadequate personal
communicative skills
 Difficulty to
understand and
accept the other
people’s point of view
 Spontaneous thinking
and/or behaviour
 Use of improper
problems solving
approaches
Is alcohol misuse relevant to
criminal behaviour?
Is drug misuse relevant to
criminal behaviour?
Are there any mental health
issues relevant to criminal
behaviour?
Part VI Offender’s risk assessment
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Assessment of the possibility
the offender to commit a new
crime
Low
Medium
High
Assessment of the possibility
the offender to cause harm to
the society
Low
Medium
High
Assessment of the possibility
the offender to do any self-
harm (suicide, self-injuries)
Low
Medium
High
Assessment of the motivation
of the offender to make positive
changes in his/hers life
Not cooperative
Low
Medium
High
Part VII Proposal in regard of suitable punishment
What suitable type of
punishment must be given to
the offender in order to protect
the public, rehabilitate the
convict and reduce
reoffending?
Community sanction
(public work, limitation of freedom and measures attached
to the main punishment)
Custodial sentence
If the proposal includes
community sanctions, please:
 define the range of
hours of community
work;
 propose the level of
probation
supervision;
 specify the type or
types of probation
measures
(correctional
behaviour treatment
programs;
rehabilitation
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treatment programs
for drugs and alcohol
addicts, attending
vocational training
courses, restriction of
movement measures)
If the proposal includes a
custody punishment, please
identify any anticipated effects
on the offender’s family
circumstances, current
employment or education.
Date of the completion of the
report and signature of the
probation officer who conducts
the interview
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4 The Evaluation Report (SIR)
This section should be read in connection with Sections I and II. The instructions below describe
only the differences in the procedure to be followed and the additional requirements necessary for
the fulfilment of the ER.
13. Purpose of the report
13.1. ER aims to assist the prisons’ administration and the Court in the process of taking decision
for early conditional release of the prisoner from the correctional institution or the replacement of the
sentence with a less strict one.
13.2. The ER provides information about the prisoner and in addition to PSR includes analysis of
the offender’s behaviour in prison and evaluates the offender’s chances for successful social
inclusion at freedom. In this regard, the ER includes proposals on the suitable level of probation
supervision and specifies the type or types of additional probation measures (vocational training
courses, participation in basic skills programmes, restriction of movement, etc.) that might be
attached to the main sentence.
14. The request
14.1. The prison’s administration sends to the Head of the respective Probation office written request
for an evaluation report. The request includes information for the place of detention where the
prisoner serves his/her sentence, any available information for the last place of residence of the
prisoner, family members or relatives. The request should be sent at least 30 days prior to the date
of hearing on the issue for recommending or not the offender for conditional release from sentence
or replacement of the unserved part of the sentence with a less strict one.
14.2. One working day after receiving the request for ER, the Head of the Probation Office taking
into account the average workload of the probation officers working with prisoners from the
respective correctional facility, assigns a probation officer responsible for the preparation of the ER.
15. The appointment letter
15.1. Latest on the next day, the probation officer sends an appointment letter to the prisoner,
informing him/her for the date and time when the interview should be held in prison.
15.2. In the same period the probation officer sends an information letter to the family members of
the prisoner, residing at his/hers permanent place of residence or at last known address about
appointment of a home visit. The information letter should have the working phone of the probation
officer and include an explanation what is the purpose of the visit and the possibility the family
members to contact by phone the probation officer and to appoint a date for the visit.
REMARK:
1. If phone numbers of family members are provided in the request or by the prisoner at the interview,
the probation officer may contact the family members and appoint the visit by phone.
2. If the home address of the prisoners is not in the same area the procedure is the same as
described in IMPORTANT REMARK below the example of SIR.
16. Sources of information
Obligatory:
Interview with the prisoner – at least one, if necessary a second interview might be held;
Home Visit – in order to evaluate family support and living conditions;
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Prisoner’s file – obligatory source of information in regard to the offence and prisoner’s behaviour
while serving the sentence;
Criminal record of the prisoner in regard to previous convictions;
Optional:
– consultation with other experts such as psychologist, doctors or social workers;
– meetings with victim/s;
– Previous Social Enquiry or Pre-Sentence Report if any;
17. The interview and the home visit
17.1. The interviewer should collect the same information from the prisoner and his/hers family
members or partner as in point 3.1. above.
17.2. While interviewing the prisoner, the probation officer should ask the questions, mentioned in
point 8.1. above in regard the attitude of the prisoner towards committed crime/s and the
consequences for the victim/s and the society.
17.3. In the final stage of the interview, the probation officer should ask the prisoner about:
 his/hers plans at freedom in order to evaluate whether he/she has solid motivation to lead a law
abiding life at freedom;
 what difficulties he/she expect to face at freedom that might put at risk the motivation for
successful social inclusion of the convict.
REMARK: the consequence of the interview and home visit depends on the discretion of the
probation officer.
18.1. The prisoner’s file
18.1. The information from prisoner’s file might be read personally by the probation officer or a
summary might be provided by prison’s administration.
18.2. The probation officer focuses its attention on the committed crime, the risk assessment of the
prisoner carried by the penitentiary social worker and prisoner’s behaviour and personal
development during the course of execution of punishment.
19. Crime analysis - the same as point 8.1. above, but provides information prior the sentencing of
the prisoner.
20. Prisoner’s assessment in evaluation report
20.1. The part of evaluation report, dealing with the prisoner’s assessment has two sections.
20.2 The first section is aimed to recommend possible treatment measures in order to increase
chances for successful social inclusion at freedom and to reduce the possibility of reconviction. It is
based on the information acquired from the interview with the prisoner and home visit and is focused
on the same kind of criminogenic factors that were related to the delinquent behaviour as mentioned
in point 9.1. above. In addition it provides answers to other questions concerning the opportunities
of the prisoner for successful social inclusion:
 Shall the prisoner have living conditions at freedom helping him/her to reintegrate into
community?
 Shall the prisoner be supported by his/her family or partner at freedom?
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 Is it necessary the prisoner to continue his/her education or to be included in vocational training
courses at freedom?
 Is it possible the prisoner to have non-criminal sources of income at freedom? Can he/she be
able to find a job?
 Is it necessary the prisoner to be included in special correctional behaviour programmes at
freedom? If yes in what type?
 Is it necessary the prisoner to be included in alcohol treatment program at freedom?
 Is it necessary the prisoner to be included in drugs treatment program at freedom?
 Is it necessary the prisoner to receive mental health treatment at freedom?
20.3 The second section of this part of the evaluation report is aimed to provide information and
analysis the behaviour of prisoner while in custody, his/hers attitude towards the victim/s, caused
harm and committed crime and his/her motivation to lead a law abiding live at freedom. It also
provides information in regard the compensation of the harm inflicted on the victim or society. It also
should give information about any extraordinary prisoners’ family circumstances or health issues.
21. Prisoner’s risk assessment
21.1. Assessment of the possibility the prisoner to reconvict and cause harm to the society and/or
physical persons. This assessment is based on the criminal history of the prisoner, the committed
crime, the attitude of the prisoner towards it and the prisoners’ behaviour while in custody.
21.2. Assessment of the opportunity the prisoner to lead a law abiding live at freedom based on:
 the motivation of the prisoner to make positive changes in his/hers life and not to commit new
crimes;
 the personal skills and habits of the prisoner, living conditions, family and social environment at
freedom.
REMARK: The risks of reconviction and the opportunity for successful social inclusion are assessed
as low, medium and high.
22. Conclusion
22.1. The probation officer recommends or do not recommends the offender for conditional release
from sentence or replacement of the unserved part of the sentence with a less strict one. The
recommendation or refusal should be justified and gives the reasons for the made proposal.
22.2. If the probation officer recommends a prisoner for conditional release, he should also propose
the level of probation supervision and specify the type or types of probation measures (correctional
behaviour treatment programs, rehabilitation treatment programs for drugs and alcohol addicts,
attending vocational training courses, restriction of movement measures) that might be executed
during the unserved part of the sentence.
22.3. If the probation officer recommends a prisoner for mitigation of sentence he/she should
propose the type of less strict sentence, shall probation measure/s be attached to the new sentence
and specify its/their type.
REMARK: all other steps and procedures are as defined in point 1 to point 12 from Sections I and
II.
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Example of the content of the Evaluation Report
EVALUATION REPORT
This report is a confidential document
Part I ADMINISTRATIVE DATA
Name of Penitentiary
Institution that requests the
report
Address of the Penitentiary
Institution
Date of penitentiary
administration hearing for
considering proposal to
conditional release or
mitigation of sentence
Date of the report request:
Name of the Marz Probation
Office:
Name and family name of the
probation officer who conducts
the interview/s
Date/s and the place where
the interview/s was/were held
sources of information
Interview
Home Visit
Prisoner’s file
Criminal record
Other (please elaborate)
 consultation with
other experts such as
psychologist, doctors
or social workers;
 meetings with family
relatives and/or
partners of the
offender;
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 22
 meetings with
victim/s;
 Social Enquiry Report
(date written)
 Pre-Sentence Report
(date written)
Part II PERSONAL DETAILS of the prisoner:
Name:
(First name, family name)
Date and place of Birth:
Age:
Address:
Post Code:
Telephone numbers:
Home:
Mobile:
ID Number
Parents’ names
Marital status
Education and qualifications
Profession practiced
Place of work
Occupational work prior
sentencing (works, works
casually, does not work)
Part III CRIME ANALYSIS
Brief information about the
committed crime
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 23
What particular reasons
motivated the prisoner to
commit the crime?
Did the prisoner accept
his/hers own responsibility for
the committed crime?
Did the prisoner recognise the
influence and effects of the
committed crime on the
victim(s)?
Did the prisoner recognise the
influence and effects of the
committed crime on the
community?
Was the committed crime part
of an established model of
criminal behaviour?
Did the committed crime
indicate increase in the
seriousness of the criminal
behaviour?
Part IV PRISONER’s ASSESMENT
Section 1
Were the living conditions of
the prisoner relevant to the
criminal behaviour? If yes, in
what way?
Shall the prisoner have living
conditions at freedom helping
him/her to reintegrate into
community?
Was the relationship with the
partner, family members,
friends and acquaintances
relevant to the criminal
behaviour? If yes, in what
way?
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 24
Shall the prisoner be
supported by his/her family or
partner at freedom?
Was the lack of education,
vocational training or work
relevant to the criminal
behaviour? If yes, in what
way?
Is it necessary the prisoner to
continue his/her education or
to be included in vocational
training courses at freedom?
Was the lack of sources of
income relevant to the criminal
behaviour? If yes, in what
way?
Is it possible the prisoner to
have non-criminal sources of
income at freedom? Can
he/she be able to find a job?
Was the lack of basic social
skills relevant to the criminal
behaviour? If yes, did the
prisoner demonstrate:
 Inadequate personal
communicative skills
 Difficulty to
understand and
accept the other
people’s point of view
 Spontaneous thinking
and/or behaviour
 Use of improper
problems solving
approaches
Is it necessary the prisoner to
be included in special
correctional behaviour
programmes at freedom? If
yes in what type?
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 25
Was alcohol misuse relevant
to criminal behaviour?
Is it necessary the prisoner to
be included in alcohol
treatment program at
freedom?
Was drug misuse relevant to
criminal behaviour?
Is it necessary the prisoner to
be included in drugs treatment
program at freedom?
Were there any mental health
issues relevant to criminal
behaviour?
Is it necessary the prisoner to
receive mental health
treatment at freedom?
Part IV PRISONER’s ASSESMENT
SECTION 2
Describe in brief prisoner’s
behaviour while in custody.
Provide answers to the
following questions:
Has disciplinary penalty/ies
been imposed on prisoner? If
yes, when it was imposed and
what were the
grounds/reasons for
imposing?
Has the prisoner received any
awards? If yes, when and
what were the reasons for the
award?
Has the prisoner
demonstrated positive change
in his/her behaviour while
serving the sentence?
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 26
Does the prisoner accept
his/hers own responsibility for
the committed crime?
Yes, in full;
Yes, but partially;
No, I am innocent and did not commit the crime;
Does the prisoner recognise
the influence and effects of the
committed crime on the
victim(s)?
Does the prisoner recognise
the influence and effects of the
committed crime on the
community?
Has the prisoner fully
compensated the harm
inflicted to the victim?
Does the prisoner think he has
been sentenced in a fair court
trial?
Yes, the court trial was fair;
No, the court trial was unfair;
No, I was innocent and the court trial was unfair;
What is prisoner’s attitude
towards the imposed custodial
punishment and its length?
The sentence and the custodial term are fair;
The sentence is fair but the custodial term is too long;
Neither the sentence, neither the custodial term were
justified and fair;
Has the prisoner been visited
in prison by his/hers family
members, relatives or friends
Are there any extraordinary
circumstances in regard
prisoner’s family members or
relatives?
Are there any extraordinary
circumstances in regard
prisoner’s health?
Is it possible at freedom the
prisoner to contact again with
other criminals?
What is the prisoner’s
motivation to lead a law
abiding live at freedom?
Highly motivated
Motivated
Indifferent
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 27
Part V Prisoner’s risk assessment
Assessment of the possibility
the prisoner to commit a new
crime
Low
Medium
High
Assessment of the possibility
the offender to cause harm to
the society
Low
Medium
High
Assessment of the opportunity
the prisoner to lead a law
abiding live at freedom and
successfully to include into
society
Low
Medium
High
Part VI Proposal in regard conditional release or mitigation of sentence
Proposal in regard conditional release FROM SENTENCE
The prisoner is not
recommended for conditional
release from sentence.
(Provide reasons grounding
the recommendation in the
right column)
The prisoner is recommended
for conditional release from
sentence. (Provide reasons
grounding the
recommendation in the right
column)
Proposed level of probation
supervision
Type or types of probation
measures that might be
executed during the unserved
part of the sentence
(participation in correctional
behaviour treatment programs,
rehabilitation treatment
programs for drugs and
Supporting the development of the judicial system and improving the services provided by the agencies
that implement criminal court orders in Azerbaijan
Operational Instructions Particip – ICON Institute – Penal Reform International Page | 28
alcohol addicts, attending
vocational training courses,
restriction of movement
measures).
The prisoner is not
recommended for mitigation of
sentence with less strict one.
(Provide reasons grounding
the recommendation in the
right column)
Proposal in regard mitigation of sentence WITH LESS STRICT ONE
The prisoner is recommended
for mitigation of sentence with
less strict one.
(Provide reasons grounding
the recommendation in the
right column)
Proposed type of less strict
sentence
Type or types of probation
measures that might be
attached to the less strict
sentence (participation in
correctional behaviour
treatment programs,
rehabilitation treatment
programs for drugs and
alcohol addicts, attending
vocational training courses,
restriction of movement
measures).
Date of the completion of the
report and signature of the
probation officer who writes
the report

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Operational Instructions on Social Enquiry Reports, Pre-Sentenced and Evaluation Reports

  • 2. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 2 Component II Offender Management System Result 4: Preparations to introduce a Probation Service will be significantly advanced. Activity 2.3: Assist the Ministry of Justice by: d) preparing operational instructions; Contributor to the document Name Position Contribution Daniel Stoyanov KE 3: Community sanctions Expert Author The opinions expressed in this document represent the views of the authors, which are not necessarily shared by the European Union Delegation to the Republic of Azerbaijan or other stakeholders. Particip GmbH Merzhauser Str. 183 D-79100 Freiburg Germany Tel: +49 761-79074-0 Fax: +49 761-79074-90 www.particip.de ICON Institute Von-Groote-Str. 28 D-50968 Köln Germany Penal Reform International 1 Ardleigh Road London N1 4HS United Kingdom
  • 3. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 3 Contents 1 Introduction ...............................................................................................................................4 2 Social Inquiry Report (SIR) ......................................................................................................5 3 The Pre-sentence Report (PSR) ............................................................................................10 4 The Evaluation Report (SIR) ..................................................................................................18
  • 4. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 4 1 Introduction The mission of the newly established Probation Service of the Republic of Azerbaijan is to protect the public and make society safer by reducing reoffending through effective supervision and social rehabilitation of sentenced offenders in the community. The guiding principle of the probation officers’ work is the treatment of all offenders equally and impartially in order to avoid any discrimination on the grounds of race, nationality, ethnic origin, sex, age, disability, religion, sexual orientation or any other improper ground. One of the main tasks of the probation officers is to provide courts or prosecuting authorities with information about offender’s personality and behaviour by means of preparation and delivering of social-enquiry, pre-sentence and evaluation reports. These first generation instructions serve as a basic information tool that might be used by probation officers while preparing different type of reports. After its piloting in practice they need to be further developed and improved to reflect the practical aspects of its implementation. The instructions are based on the following assumptions:  the mandatory use of social inquiry report, pre-sentence report and evaluation report by the Court or prosecuting authorities is introduced in the Criminal Procedure Code of the Republic of Azerbaijan, Probation Law or Code for Execution of Punishments;  Risk and Needs Assessment tool has been developed and implemented in the work of Probation Officers and Prisons’ Staff. Type and purpose of the reports The social inquiry report (SIR) can be requested by the Court or prosecuting authorities at any phase during the criminal proceedings in cases where no admission of guilt is presented by the accused. This report is similar in content to the pre-sentence report (PSR) but does not include the description of events of the accused or any recommendations to the court with regards to sentencing. The pre-sentence report (PSR) is prepared by the probation officer after guilt is established and before the Court makes its decision on the type of imposed punishment. This report contains extensive information about the offender's background and present situation, as well as recommendations to the Court with regard to sentencing. The evaluation report (ER) is prepared before the prisoner is proposed for early conditional release from prison or the replacement of the sentence with a less strict one. The ER is focused on the risk of the offender to do harm of the society (re-offend) and his chances for successful social inclusion at freedom.
  • 5. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 5 2 Social Inquiry Report (SIR) 1. The request 1.1. The court or prosecuting authority send to the Head of the respective Probation Office written request for a social inquiry report. The request includes information for the number of the criminal case, the date of the next court hearing, the name, address and phone number of the accused and his/hers defender. If the accused is under remand, the request should have information about the place of the detention where the convict is detained. The request should be sent at least 15 days prior to the date of the court hearing. 1.2. One working day after receiving the Court request for SIR, the Head of the Probation Office taking into account the average workload of the probation officers, assigns a probation officer responsible for the preparation of the SIR. REMARK – if the accused is of age between 14 and 18, the request is assigned to the probation officer, specialized to work with juveniles. 2. The appointment letter 2.1. Latest on the next day, the probation officer sends an appointment letter to the accused, asking him to attend the Probation office for an interview at a specified date and time and informing the accused about the possibility to be visited at his/hers home place of residence. The appointment of the meeting and eventually the home visit might be done through a phone call with the accused if he is not under pre-trial attention. 2.2. The interview date should be in a time period not later than 5 days from the date of the assigned case. Any travel costs for the visit for the interview are met by the accused person. The appointment letter contains information for the address of the Probation Office, the name and the phone number of the probation officer. In case the accused could not visit the Probation office at the specified date for the interview he/she has the possibility to call the probation officer and to re-schedule the date within the same time period. The phone call should be made immediately after the accused received the appointment letter. REMARK: If the accused is under remand, the probation officer sends the appointment letter to the remand institution and visits the accused not later than 5 days of the assignment case date. 3. The interview 3.1. The interviewer should collect information on the current circumstances around the accused person such as: where he/she lives and with whom; the relations in the family; the educational status; employment status and sources of income; factors influencing or which can influence the general behaviour – friends, hobbies, leisure activities; health status, such as illnesses or disabilities, especially mental disability, drugs or alcohol misuse, gambling habits. 4. The home visit 4.1. If the probation officer receives enough information from the interview the home visit is not necessary. If there are any doubts in the probation officer about the reliability of the given information then he may appoint a home visit during the interview with the accused. 5. Other sources for crosschecking the information provided by the accused or his/hers family:
  • 6. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 6 5.1. The Probation officer may have to check that the information provided by the accused and/or his/hers family is accurate. Contacts may be made with the employer or other individuals such as colleagues, friends, teachers, or other persons depending on the case that might help with the necessary information for making the personal and social characteristic of the accused person. IMPORTANT: At the end of the interview, the Probation officer has to draw attention to the possibility for contacting the above mentioned people and to take permission from the accused to do that. If the accused believes that contacts with any of this people may cause him/her problem he/she may refuse to give permission. 6. The report 6.1. The report should be in written and prepared latest 10 days after the court requests the SIR. One copy of the report should be send to the court, the accused and his/her defence lawyer and the prosecution. 6.2. The report should be objective, based on facts and unbiased. REMARK: In case the accused does not cooperates and refuses to give information or does not come to the interview, the probation officer sends to the court a letter explaining that report is unavailable due to the lack of enough information and the reasons for that.
  • 7. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 7 Example of the content of the Social Inquiry Report SOCIAL INQUIRY REPORT This report is a confidential document Part I ADMINISTRATIVE DATA Name of the Court that requests the report Address of the Court Case-file number: Date of the next court hearing: Date of the report request: Name and family name of the probation officer who conducts the interview Date and the place where the interview was held Part II PERSONAL DETAILS of the accused: Name: (First name, family name) Date and place of birth: Age: Address by ID: Address of place of residence: Post Code: Telephone number Home: Mobile ID Number Parents’ names Marital status
  • 8. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 8 Education and qualifications Profession practiced Place of work Occupational work (works, works casually, does not work) Part III PERSONAL CHARACTERISTICS DATA, ANALYSIS and CONLUSIONS Family environment and living conditions of the accused, with regard to his/her behaviour School environment of the accused, with regard to his/her learning results and eventual educational difficulties (at a school age or while studying) Occupational environment of the accused, with regard to his/her work attitude Factors influencing or which can influence the general behaviour of the accused – friends, hobbies, leisure activities, drugs or alcohol misuse, gambling habits Health status, such as illnesses or disabilities, especially mental disability Observations and conclusions of the probation officer who conducts the interview Date of the completion of the report and signature of the probation officer who conducts the interview IMPORTANT REMARK: in case the accused under remand is held in a custodial institution which is at place different from the permanent place of residence, the home or last known address of the accused, the probation officer in charge of the preparation of the report forwards a request through
  • 9. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 9 intranet communication system of Probation Service for a home visit to the Probation Office of the respective region where is the home of the accused. After that, the procedure is the same as described from point 1 till point 4.1 above. The probation officer who conducts the home visits fills in the relevant components of part III of SIR and sends it back to the probation officer in charge of the report. In case of emergency the information can be shared by the phone to the probation officer in charge but nevertheless a sign part III of SIR should be send to the requesting home visit probation officer.
  • 10. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 10 3 The Pre-sentence Report (PSR) This section should be read in connection with Section I. The instructions below describe only the differences in the procedure to be followed and the additional requirements necessary for the fulfilment of the PSR. 7. Purpose of the report 7.1. PSR aims to assist the Court in the process of taking decision on the suitable type of punishment that must be given to the offender. The PSR provides information about the offender and in addition to SIR includes offence analysis, offender’s assessment, the assessment of the risk of serious harm to the community and includes proposal on the type of punishment in regard to protect the public, rehabilitate the convict and reduce re-offending. 8. Offence analysis 8.1. The offences analysis gives very brief information about the committed crime and provides answers to the following questions:  What particular reasons motivate the offender to commit the crime?  Does the offender accept his/hers own responsibility for the committed crime?  Does the offender recognise the influence and effects of the committed crime on the victim(s)?  Does the offender recognise the influence and effects of the committed crime on the community?  Is the current crime part of an established model of criminal behaviour?  Is the current crime indicating increase in the seriousness of the criminal behaviour? 9. Offender’s assessment 9.1. The part of PSR, dealing with the offender’s assessment is aimed to highlight possible effective treatment in order to reduce any risks of harm that the offender may cause to the community and to reduce the possibility of reconviction. 9.2. It is based on the information acquired from the interview with the offender but is focused on what kind of criminogenic factors are related to the delinquent behaviour and provides answers to the following questions:  Are the living conditions of the offender relevant to the criminal behaviour? If yes, in what way?  Is the relationship with the partner, family members, friends and acquaintances relevant to the criminal behaviour? If yes, in what way?  Is the lack of education, vocational training or work relevant to the criminal behaviour? If yes, in what way?  Is the lack of sources of income relevant to the criminal behaviour? If yes, in what way?  Is the lack of basic social skills relevant to the criminal behaviour? If yes, does the offender demonstrate: – Inadequate personal communicative skills; – Difficulty to understand and accept the other people’s point of view; – Spontaneous thinking and/or behaviour;
  • 11. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 11 – Use of improper problems solving approaches;  Is alcohol misuse relevant to criminal behaviour?  Is drug misuse relevant to criminal behaviour?  Are there any mental health issues relevant to criminal behaviour? 10. Offender’s risk assessment 10.1. Assessment of the possibility the offender to commit a new crime and cause harm to the society. This assessment is based on the current offence, the attitude of the offender towards it and other relevant information gathered in the process of writing the PSR. 10.2. Assessment of the possibility the offender to do any self-harm. (suicide, self-injuries). 10.3. Assessment of the motivation of the offender to make positive changes in his/hers life. REMARK: The risks and motivation are assessed as low, medium and high. 11. Conclusion 11.1. Based on the seriousness of the offence in this part the probation officer makes a proposal to the court on the suitable type of punishment that must be given to the offender, including a custodial sanction when such is necessary in order to protect the public and reduce reoffending. 11.2. If the proposal includes community sanctions (public work, limitation of freedom and measures attached to the main punishment) it should define the range of hours of community work, propose the level of probation supervision and specify the type or types of probation measures (correctional behaviour treatment programs, rehabilitation treatment programs for drugs and alcohol addicts, attending vocational training courses, restriction of movement measures). 11.3. Where the proposal includes a custody punishment the probation officer should identify any anticipated effects on the offender’s family circumstances, current employment or education. 12. Sources of information Previous social inquiry report - if such has been ordered by the Court and prepared by the Probation Service in the time period of six months before the current request. If the previous SIR is older than six months the information should be verified again. Interview – at least one, if necessary a second interview might be held; Home Visit – upon discretion of probation officer; Criminal case/Court file – first obligatory source of information in regard to current offence; Criminal record of the offender in regard to previous convictions; Optional: – consultation with other experts such as psychologist, doctors or social workers; – meetings with friends, co-workers or co-students; – meetings with family relatives and/or partners of the offender; – meetings with victim/s; REMARK: all other steps and procedures are as defined in point 1 to point 6.2 above.
  • 12. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 12 Example of the content of the Pre-Sentence Report PRE-SENTENCE REPORT This report is a confidential document Part I ADMINISTRATIVE DATA Name of the Court that requests the report Address of the Court Case-file number: Date of the next court hearing: Date of the report request: Name and family name of the probation officer who conducts the interview/s Date/s and the place where the interview/s was/were held sources of information Interview Home Visit Criminal case/Court file Criminal record Other (please elaborate)  consultation with other experts such as psychologist, doctors or social workers;  meetings with friends, co-workers or co- students;  meetings with family relatives and/or partners of the offender;  meetings with victim/s;
  • 13. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 13 Part II PERSONAL DETAILS of the offender: Name: (First name, family name) Date and place of Birth: Age: Address as per ID: Address of place of residence: Post Code: Telephone numbers: Home: Mobile: ID Number Parents’ names Marital status Education and qualifications Profession practiced Place of work Occupational work (works, works casually, does not work) Part III PERSONAL CHARACTERISTICS DATA of the offender Family environment and living conditions of the offender, with regard to his/her behaviour School environment of the offender, with regard to his/her learning results and eventual educational difficulties (at a school age or while studying) Occupational environment of the offender, with regard to his/her work attitude
  • 14. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 14 Factors influencing or which can influence the general behaviour of the offender – friends, hobbies, leisure activities, drugs or alcohol misuse, gambling habits Health status, such as illnesses or disabilities, especially mental disability Part IV Offence analysis Brief information about the committed crime What particular reasons motivate the offender to commit the crime? Does the offender accept his/hers own responsibility for the committed crime? Does the offender recognise the influence and effects of the committed crime on the victim(s)? Does the offender recognise the influence and effects of the committed crime on the community? Is the current crime part of an established model of criminal behaviour? Is the current crime indicating increase in the seriousness of the criminal behaviour? Part V OFFENDER’s ASSESMENT Are the living conditions of the offender relevant to the
  • 15. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 15 criminal behaviour? If yes, in what way? Is the relationship with the partner, family members, friends and acquaintances relevant to the criminal behaviour? If yes, in what way? Is the lack of education, vocational training or work relevant to the criminal behaviour? If yes, in what way? Is the lack of sources of income relevant to the criminal behaviour? If yes, in what way? Is the lack of basic social skills relevant to the criminal behaviour? If yes, does the offender demonstrate:  Inadequate personal communicative skills  Difficulty to understand and accept the other people’s point of view  Spontaneous thinking and/or behaviour  Use of improper problems solving approaches Is alcohol misuse relevant to criminal behaviour? Is drug misuse relevant to criminal behaviour? Are there any mental health issues relevant to criminal behaviour? Part VI Offender’s risk assessment
  • 16. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 16 Assessment of the possibility the offender to commit a new crime Low Medium High Assessment of the possibility the offender to cause harm to the society Low Medium High Assessment of the possibility the offender to do any self- harm (suicide, self-injuries) Low Medium High Assessment of the motivation of the offender to make positive changes in his/hers life Not cooperative Low Medium High Part VII Proposal in regard of suitable punishment What suitable type of punishment must be given to the offender in order to protect the public, rehabilitate the convict and reduce reoffending? Community sanction (public work, limitation of freedom and measures attached to the main punishment) Custodial sentence If the proposal includes community sanctions, please:  define the range of hours of community work;  propose the level of probation supervision;  specify the type or types of probation measures (correctional behaviour treatment programs; rehabilitation
  • 17. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 17 treatment programs for drugs and alcohol addicts, attending vocational training courses, restriction of movement measures) If the proposal includes a custody punishment, please identify any anticipated effects on the offender’s family circumstances, current employment or education. Date of the completion of the report and signature of the probation officer who conducts the interview
  • 18. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 18 4 The Evaluation Report (SIR) This section should be read in connection with Sections I and II. The instructions below describe only the differences in the procedure to be followed and the additional requirements necessary for the fulfilment of the ER. 13. Purpose of the report 13.1. ER aims to assist the prisons’ administration and the Court in the process of taking decision for early conditional release of the prisoner from the correctional institution or the replacement of the sentence with a less strict one. 13.2. The ER provides information about the prisoner and in addition to PSR includes analysis of the offender’s behaviour in prison and evaluates the offender’s chances for successful social inclusion at freedom. In this regard, the ER includes proposals on the suitable level of probation supervision and specifies the type or types of additional probation measures (vocational training courses, participation in basic skills programmes, restriction of movement, etc.) that might be attached to the main sentence. 14. The request 14.1. The prison’s administration sends to the Head of the respective Probation office written request for an evaluation report. The request includes information for the place of detention where the prisoner serves his/her sentence, any available information for the last place of residence of the prisoner, family members or relatives. The request should be sent at least 30 days prior to the date of hearing on the issue for recommending or not the offender for conditional release from sentence or replacement of the unserved part of the sentence with a less strict one. 14.2. One working day after receiving the request for ER, the Head of the Probation Office taking into account the average workload of the probation officers working with prisoners from the respective correctional facility, assigns a probation officer responsible for the preparation of the ER. 15. The appointment letter 15.1. Latest on the next day, the probation officer sends an appointment letter to the prisoner, informing him/her for the date and time when the interview should be held in prison. 15.2. In the same period the probation officer sends an information letter to the family members of the prisoner, residing at his/hers permanent place of residence or at last known address about appointment of a home visit. The information letter should have the working phone of the probation officer and include an explanation what is the purpose of the visit and the possibility the family members to contact by phone the probation officer and to appoint a date for the visit. REMARK: 1. If phone numbers of family members are provided in the request or by the prisoner at the interview, the probation officer may contact the family members and appoint the visit by phone. 2. If the home address of the prisoners is not in the same area the procedure is the same as described in IMPORTANT REMARK below the example of SIR. 16. Sources of information Obligatory: Interview with the prisoner – at least one, if necessary a second interview might be held; Home Visit – in order to evaluate family support and living conditions;
  • 19. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 19 Prisoner’s file – obligatory source of information in regard to the offence and prisoner’s behaviour while serving the sentence; Criminal record of the prisoner in regard to previous convictions; Optional: – consultation with other experts such as psychologist, doctors or social workers; – meetings with victim/s; – Previous Social Enquiry or Pre-Sentence Report if any; 17. The interview and the home visit 17.1. The interviewer should collect the same information from the prisoner and his/hers family members or partner as in point 3.1. above. 17.2. While interviewing the prisoner, the probation officer should ask the questions, mentioned in point 8.1. above in regard the attitude of the prisoner towards committed crime/s and the consequences for the victim/s and the society. 17.3. In the final stage of the interview, the probation officer should ask the prisoner about:  his/hers plans at freedom in order to evaluate whether he/she has solid motivation to lead a law abiding life at freedom;  what difficulties he/she expect to face at freedom that might put at risk the motivation for successful social inclusion of the convict. REMARK: the consequence of the interview and home visit depends on the discretion of the probation officer. 18.1. The prisoner’s file 18.1. The information from prisoner’s file might be read personally by the probation officer or a summary might be provided by prison’s administration. 18.2. The probation officer focuses its attention on the committed crime, the risk assessment of the prisoner carried by the penitentiary social worker and prisoner’s behaviour and personal development during the course of execution of punishment. 19. Crime analysis - the same as point 8.1. above, but provides information prior the sentencing of the prisoner. 20. Prisoner’s assessment in evaluation report 20.1. The part of evaluation report, dealing with the prisoner’s assessment has two sections. 20.2 The first section is aimed to recommend possible treatment measures in order to increase chances for successful social inclusion at freedom and to reduce the possibility of reconviction. It is based on the information acquired from the interview with the prisoner and home visit and is focused on the same kind of criminogenic factors that were related to the delinquent behaviour as mentioned in point 9.1. above. In addition it provides answers to other questions concerning the opportunities of the prisoner for successful social inclusion:  Shall the prisoner have living conditions at freedom helping him/her to reintegrate into community?  Shall the prisoner be supported by his/her family or partner at freedom?
  • 20. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 20  Is it necessary the prisoner to continue his/her education or to be included in vocational training courses at freedom?  Is it possible the prisoner to have non-criminal sources of income at freedom? Can he/she be able to find a job?  Is it necessary the prisoner to be included in special correctional behaviour programmes at freedom? If yes in what type?  Is it necessary the prisoner to be included in alcohol treatment program at freedom?  Is it necessary the prisoner to be included in drugs treatment program at freedom?  Is it necessary the prisoner to receive mental health treatment at freedom? 20.3 The second section of this part of the evaluation report is aimed to provide information and analysis the behaviour of prisoner while in custody, his/hers attitude towards the victim/s, caused harm and committed crime and his/her motivation to lead a law abiding live at freedom. It also provides information in regard the compensation of the harm inflicted on the victim or society. It also should give information about any extraordinary prisoners’ family circumstances or health issues. 21. Prisoner’s risk assessment 21.1. Assessment of the possibility the prisoner to reconvict and cause harm to the society and/or physical persons. This assessment is based on the criminal history of the prisoner, the committed crime, the attitude of the prisoner towards it and the prisoners’ behaviour while in custody. 21.2. Assessment of the opportunity the prisoner to lead a law abiding live at freedom based on:  the motivation of the prisoner to make positive changes in his/hers life and not to commit new crimes;  the personal skills and habits of the prisoner, living conditions, family and social environment at freedom. REMARK: The risks of reconviction and the opportunity for successful social inclusion are assessed as low, medium and high. 22. Conclusion 22.1. The probation officer recommends or do not recommends the offender for conditional release from sentence or replacement of the unserved part of the sentence with a less strict one. The recommendation or refusal should be justified and gives the reasons for the made proposal. 22.2. If the probation officer recommends a prisoner for conditional release, he should also propose the level of probation supervision and specify the type or types of probation measures (correctional behaviour treatment programs, rehabilitation treatment programs for drugs and alcohol addicts, attending vocational training courses, restriction of movement measures) that might be executed during the unserved part of the sentence. 22.3. If the probation officer recommends a prisoner for mitigation of sentence he/she should propose the type of less strict sentence, shall probation measure/s be attached to the new sentence and specify its/their type. REMARK: all other steps and procedures are as defined in point 1 to point 12 from Sections I and II.
  • 21. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 21 Example of the content of the Evaluation Report EVALUATION REPORT This report is a confidential document Part I ADMINISTRATIVE DATA Name of Penitentiary Institution that requests the report Address of the Penitentiary Institution Date of penitentiary administration hearing for considering proposal to conditional release or mitigation of sentence Date of the report request: Name of the Marz Probation Office: Name and family name of the probation officer who conducts the interview/s Date/s and the place where the interview/s was/were held sources of information Interview Home Visit Prisoner’s file Criminal record Other (please elaborate)  consultation with other experts such as psychologist, doctors or social workers;  meetings with family relatives and/or partners of the offender;
  • 22. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 22  meetings with victim/s;  Social Enquiry Report (date written)  Pre-Sentence Report (date written) Part II PERSONAL DETAILS of the prisoner: Name: (First name, family name) Date and place of Birth: Age: Address: Post Code: Telephone numbers: Home: Mobile: ID Number Parents’ names Marital status Education and qualifications Profession practiced Place of work Occupational work prior sentencing (works, works casually, does not work) Part III CRIME ANALYSIS Brief information about the committed crime
  • 23. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 23 What particular reasons motivated the prisoner to commit the crime? Did the prisoner accept his/hers own responsibility for the committed crime? Did the prisoner recognise the influence and effects of the committed crime on the victim(s)? Did the prisoner recognise the influence and effects of the committed crime on the community? Was the committed crime part of an established model of criminal behaviour? Did the committed crime indicate increase in the seriousness of the criminal behaviour? Part IV PRISONER’s ASSESMENT Section 1 Were the living conditions of the prisoner relevant to the criminal behaviour? If yes, in what way? Shall the prisoner have living conditions at freedom helping him/her to reintegrate into community? Was the relationship with the partner, family members, friends and acquaintances relevant to the criminal behaviour? If yes, in what way?
  • 24. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 24 Shall the prisoner be supported by his/her family or partner at freedom? Was the lack of education, vocational training or work relevant to the criminal behaviour? If yes, in what way? Is it necessary the prisoner to continue his/her education or to be included in vocational training courses at freedom? Was the lack of sources of income relevant to the criminal behaviour? If yes, in what way? Is it possible the prisoner to have non-criminal sources of income at freedom? Can he/she be able to find a job? Was the lack of basic social skills relevant to the criminal behaviour? If yes, did the prisoner demonstrate:  Inadequate personal communicative skills  Difficulty to understand and accept the other people’s point of view  Spontaneous thinking and/or behaviour  Use of improper problems solving approaches Is it necessary the prisoner to be included in special correctional behaviour programmes at freedom? If yes in what type?
  • 25. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 25 Was alcohol misuse relevant to criminal behaviour? Is it necessary the prisoner to be included in alcohol treatment program at freedom? Was drug misuse relevant to criminal behaviour? Is it necessary the prisoner to be included in drugs treatment program at freedom? Were there any mental health issues relevant to criminal behaviour? Is it necessary the prisoner to receive mental health treatment at freedom? Part IV PRISONER’s ASSESMENT SECTION 2 Describe in brief prisoner’s behaviour while in custody. Provide answers to the following questions: Has disciplinary penalty/ies been imposed on prisoner? If yes, when it was imposed and what were the grounds/reasons for imposing? Has the prisoner received any awards? If yes, when and what were the reasons for the award? Has the prisoner demonstrated positive change in his/her behaviour while serving the sentence?
  • 26. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 26 Does the prisoner accept his/hers own responsibility for the committed crime? Yes, in full; Yes, but partially; No, I am innocent and did not commit the crime; Does the prisoner recognise the influence and effects of the committed crime on the victim(s)? Does the prisoner recognise the influence and effects of the committed crime on the community? Has the prisoner fully compensated the harm inflicted to the victim? Does the prisoner think he has been sentenced in a fair court trial? Yes, the court trial was fair; No, the court trial was unfair; No, I was innocent and the court trial was unfair; What is prisoner’s attitude towards the imposed custodial punishment and its length? The sentence and the custodial term are fair; The sentence is fair but the custodial term is too long; Neither the sentence, neither the custodial term were justified and fair; Has the prisoner been visited in prison by his/hers family members, relatives or friends Are there any extraordinary circumstances in regard prisoner’s family members or relatives? Are there any extraordinary circumstances in regard prisoner’s health? Is it possible at freedom the prisoner to contact again with other criminals? What is the prisoner’s motivation to lead a law abiding live at freedom? Highly motivated Motivated Indifferent
  • 27. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 27 Part V Prisoner’s risk assessment Assessment of the possibility the prisoner to commit a new crime Low Medium High Assessment of the possibility the offender to cause harm to the society Low Medium High Assessment of the opportunity the prisoner to lead a law abiding live at freedom and successfully to include into society Low Medium High Part VI Proposal in regard conditional release or mitigation of sentence Proposal in regard conditional release FROM SENTENCE The prisoner is not recommended for conditional release from sentence. (Provide reasons grounding the recommendation in the right column) The prisoner is recommended for conditional release from sentence. (Provide reasons grounding the recommendation in the right column) Proposed level of probation supervision Type or types of probation measures that might be executed during the unserved part of the sentence (participation in correctional behaviour treatment programs, rehabilitation treatment programs for drugs and
  • 28. Supporting the development of the judicial system and improving the services provided by the agencies that implement criminal court orders in Azerbaijan Operational Instructions Particip – ICON Institute – Penal Reform International Page | 28 alcohol addicts, attending vocational training courses, restriction of movement measures). The prisoner is not recommended for mitigation of sentence with less strict one. (Provide reasons grounding the recommendation in the right column) Proposal in regard mitigation of sentence WITH LESS STRICT ONE The prisoner is recommended for mitigation of sentence with less strict one. (Provide reasons grounding the recommendation in the right column) Proposed type of less strict sentence Type or types of probation measures that might be attached to the less strict sentence (participation in correctional behaviour treatment programs, rehabilitation treatment programs for drugs and alcohol addicts, attending vocational training courses, restriction of movement measures). Date of the completion of the report and signature of the probation officer who writes the report