Amendments To The Latvian Code On Execution Of Punishments

Original Language Title: Grozījumi Latvijas Sodu izpildes kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.5


The Saeima has adopted and the President promulgated the following laws: the amendments to the Penal Procedure Code of Latvia in Latvian penal procedure code in the following amendments: 1. Supplement article 18 with the fifth paragraph as follows: "convicted involved resocializācij in dependence on mitigation (reducing dependence on the program), kept separate from other convicted, subject to the conditions of the first subparagraph." 2. Add to article 45, the first paragraph after the word "except" with the words "convicted involved in addiction reduction program, and". 3. Supplement article 47 with the sixth part as follows: "For convicts involved in the addiction reduction program, does not apply to the rights laid down in this article is to receive shipments and contributions, except for training materials, if the convict undergoing education." 4. Supplement article 29.3 of the third part as follows: "in the first paragraph of this article, the rights do not apply to convicts involved in the addiction mitigation program. Convicts involved in the addiction reduction program, allowed to use the shared premises of the penitentiary institution's television and radio (no voice recording capabilities) in accordance with the custodial authorities chiefs down the agenda. " 5. Supplement article 49 to the seventh paragraph as follows: "in the fifth paragraph of this article, the rights do not apply to convicts involved in the addiction mitigation program. Inmates involved in the addiction reduction program, you can make phone calls on your or the recipient's features daily custodial authority Chief agenda set in due time. One calls duration may not exceed 20 minutes, and it takes Visual control conditions. " 6. Supplement article 30.6 of the eleventh, twelfth, thirteenth, fourteenth, fifteenth and sixteenth of the following wording: "referred to in this article with regard to the rights of the convicted to ask for permission to temporarily leave the custodial authority does not apply to convicts involved in the addiction reduction program, except when it is provided for dependency reduction program conditions. Inmates involved in the addiction reduction program, the right to leave the custodial authority can only be exercised custodial authority officials, and for a period of up to eight hours. If dependency reduction program the rights provided for in the conditions sentenced temporarily to leave the penitentiary institution, convict penitentiary institutions presented the boss asking you to allow the application to temporarily leave the custodial authority, indicating the custodial authorities, leaving the goal. Chief custodial authorities judged the twelfth part of this article the request shall take into account the dependence of the reduction program manager's assessment of custodial institutions, leaving this article mentioned in the sixth paragraph criteria as well as the following additional criteria: 1) participation in the activities of resocializācij convicted on mitigation, treatment against them and the results achieved; 2) sentenced behavior; 3 the appropriate disciplinary measure convicted); 4) sentenced attitudes towards other persons. If a convict meets based on reduction in the criteria above and the thirteenth part of this article, the criteria referred to in the penitentiary institution's boss orders allow the convicted leave custodial authority and designate officials who will accompany the convict. Convicted presented the order issued within three working days. If the prison authorities do not permit the convicted boss temporarily to leave the territory of the penitentiary institutions, he prepared a refusal decision. Convicted presented the decision within three working days. Chief custodial authority decision is final or appealable. If this article is part of the fourteenth that authorisation is not in use, and the convict is moved to the prison authority, the permission is removed. " 7. Supplement article 56.2 with the fifth paragraph as follows: "convicted involved in addiction reduction program can employ for payment under the dependency reduction program conditions, as well as respecting the procedures laid down in this code." 8. in article: 55.25 to supplement the article with a new seventh subparagraph by the following: "convicted involved in addiction reduction program can employ free of charge according to the dependency reduction program conditions, as well as respecting the procedures laid down in this code."; 9. Supplement article 38.1 paragraph 6 by the following: "6) mitigation program — targeted engagement and sentenced a structured package of measures for the development of social skills, behavioral model refinement and socially acceptable value system." 10. Add to the ninth chapter of "A" with article 38.4 as follows: "article 38.4. Dependency reduction program involved convicted resocializācij features

Convicted may engage the mitigation program, if he has a high alcohol, narcotic, psychotropic or toxic substances. Dependency reduction program lasts up to 12 months and is being implemented, ensuring the program involved the isolation from the rest of the prisoners convicted during the implementation of the programme. Convict who wants to get involved in reducing dependence, shall submit the relevant application to the authorities of the custodial supervisor. Custodial institutions, taking into account the risk and, if convicted, shall prepare a proposal on the reduction of dependence on the convicted of involvement in the program and send it to the prison administration chief. Prison Administration Chief, after assessing the custodial authorities superior proposal, shall take a decision on the involvement of the convicted or refusal to involve the convicted on reduction program or the decision to postpone the dependence of the reduction in the involvement of convicted program and in writing inform the custodial authority Chief and sentenced. Chief custodial authority proposal to involve convicted on reduction program or the refusal to prepare such a proposal and the prisons administration chief convicted of involvement in the decision or refusal to involve the convicted on reduction program or decision to suspend involvement in reducing the dependence of the convicted in is final or appealable. To convict involved on the mitigation program, 50.4 this code applies, as referred to in article 50.8 izciešam part of the penalty to ensure progress towards the progressive penalty sentenced execution, but not mentioned in those articles. If a convict involved in addiction reduction program in a penal infringement, the regime does not comply with program terms and conditions, after in-depth evaluation does not meet the conditions of the program or health reasons may not participate in dependency reduction program, they can be turned off from addiction reduction program with the custodial authorities Chief's decision, adopted on the basis of dependency reduction program manager's suggestion. For that decision, in writing, inform the convicted. Such decision is final or appealable. If convicted, the involved addictive mitigation program, the Review Committee decision is softened, the Penal convict continues through penalty in dependence on isolated reduction program implementation. Convicts involved in the addiction reduction program, may allow relatives and others to visit custodial institutions in the presence of the representatives once a month for a period of one hour to six hours to promote socially useful links conservation and restoration. The internal order of the penitentiary institutions Department, which is based on the reduction program, selection, capture prisoners and order, as well as the order in which the convict is excluded from dependency reduction program, and the relevant decision-making criteria are established by the Cabinet of Ministers. " 11. Add to article 62 of the third part as follows: "convicted involved on the mitigation program, may be involved in the general education if addiction reduction program conditions permits." 12. Supplement article 64 to the third paragraph as follows: "convicted involved on the mitigation program, may be involved in vocational training, if dependence reduction program conditions permits." 13. Add to article 65 of the third part as follows: "convicted involved on the mitigation program, may be involved in vocational training and the learning of new specialties, if dependency reduction program conditions permits." 14. Article 68: adding to the first part of paragraph 9 by the following: "9) convicts involved in the addiction reduction program — the right to make video calls to two times per month for a period of not more than 30 minutes, the penitentiary institutions in the presence of a representative."; Add to article at the eighth, ninth and tenth by the following: "the Convicted involved on the mitigation program, can be applied to the first paragraph of this article 1, 5 and 9 mentioned in paragraph inducements. The first paragraph of this article 5 incentives referred to in paragraph shall apply, having regard to the fourth paragraph of this article. Decisions on inducements, adopted before the convicted of involvement based on mitigation program, during the implementation of the programme will not be met.
The convicted involved on the mitigation program, may be granted the right to make a video call, if in addition to this article, the conditions referred to in the first subparagraph contacting family members can adversely affect the process of resocializācij convicted. " 15. Add to article 70 of the ninth subparagraph by the following: "About parole arrangements violation of convicted involved in addiction reduction program, may impose the following penalties: 1) warn; 2) rebuke; 3) prohibit for a period of up to one month to buy foodstuffs and tobacco products custodial authorities store; 4) prohibit the current relative and another person in attendance; 5) Insert insulator up to 15 daily fines or disciplinary isolator for up to 10 a day; 6) cancel previously granted incentive. " 16. Replace article 71 in the sixth paragraph, the words "in the first and sixth part" with the words "in the first, sixth and ninth in the part". The Saeima adopted the law on 9 June 2016. The President r. vējonis 2016 in Riga on June 29.