Amendments To The State Probation Service Act

Original Language Title: Grozījumi Valsts probācijas dienesta likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/221394

The Saeima has adopted and the President promulgated the following laws: the national probation service law to make the national Probation Service Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2004, no. 2; 2005; 2006, nr. 8, no. 24; 2008, 24 no; 2009, no 2; Latvian journal, 2009, 100. No.) the following amendments: 1. Turn off the second part of article 4.
2. Supplement article 7 paragraph 5 with the following: "5) to participate in probation programmes according to national probation service officers."
3. Supplement article 9 with the third subparagraph by the following: "(3) the authorisation of the Commission decision concerning the withdrawal of the licence challenge or appeal shall not suspend its activity."
4. Express article 15 the following: ' article 15. Evaluation report (1) the national probation service after the Court or the Prosecutor's request, provide a report on the evaluation of the accused in criminal proceedings.
(2) the national probation service after prison authorities at the request of the Administration, provided the evaluation report on the convicted who submitted an application requesting a custodial institutions in the Administrative Commission to examine the possibility of sending the application to the Court for his conditional early release from parole.
(3) the assessment report aims: 1) provide comprehensive, unbiased information, which will decide the issue of probation or a fine to be determined customer obligations under surveillance, given his mindset, behaviors, attitudes, and committing the crime the contributing social conditions;
2) provide information about the injured victim rights or legal interests or its renewal option.
(4) the procedure of the evaluation report, the dial in the amount of information required and the procedure determined by the Cabinet of Ministers. "
5. in article 17: make the first paragraph by the following: "(1) the national probation service in cooperation with the custodial authorities participating in the adjustment of social behavior of the convicted in probation programs.";
turn off third.
6. the title of Chapter VI to express the following: "chapter VI national probation service official, employee, and volunteer probation workers legal status".
7. Article 23: make the second part of paragraph 1 by the following: "1) that he has sufficient knowledge and skills in organising and running settlement;"
to supplement the article with the seventh subparagraph by the following: "(7) the Certification Commission of a decision on the issue of a new certificate or a voluntary probation worker certificate cancellation (if the probation officer is a mediator in the settlement) challenge or appeal shall not suspend its activity."
8. Article 24: turn off the title, the words "and distinguishing marks";
turn off the first paragraph, the words "and" chips ".
9. Article 25: make the first paragraph by the following: "(1) State Probation officials and employees of the service functions have the following rights: 1) require the probation clients presented identity documents;
2) invite the customer to come the probation State Probation Service Department;
3) photographing probation client;
4) to obtain information on probation client. ";
Add to article 1.1 part as follows: "(11) the national probation service officials functions have the following rights: 1) to receive information about the client's convictions of probation, including the withdrawn of convictions;
2) receive information about the initiation of criminal proceedings against the customer for probation probation customer applied security measures and probation search clients;
3) to visit prisons;
4) look at the convicted person's file, for which the prison administration requested an evaluation report;
5) visit the probation workplace or education of customers;
6) with the consent of the client to probation with his employers or educational institutions;
7) with the consent of the customer of the probation to meet with members of his family;
8) upon request to receive the full Court ruling on probation the client regardless of whether the criminal case viewed in open or closed court hearing;
9) receive information about the victim's name, surname, birth data and place of residence, as well as to communicate with the victim for information evaluation to compose a message, the organisation of the settlement, the Court or the Prosecutor's obligation to control the performance of the supervisory framework, as well as the customer's debts probation issue surveillance;
10) visit the probation clients to his residence from 7.00 till 23.00 o'clock. ";
turn off the second part of the introductory part, the words "and employees";
Add to the second part of paragraph 5 with the following: "5) define the obligation of the court order, if the Court imposed such duty, that of penal procedures for implementation of the regulatory legislation.";
replace the third paragraph, the words "the first part" with a number and the word "1.1";
to make the fourth subparagraph by the following: "(4) in preparing the assessment report, the national probation service officials in addition to the first and the rights referred to in 1.1, is also the second part of this article referred to in paragraph 4 of the law."
10. Add to article 26, the introductory paragraph, after the word "employees" with the words "functions".
11. transitional provisions: to replace in paragraph 5, the words "and article 17, first paragraph, point 2 and 3" with a number and the words "article 17, first paragraph;
transitional provisions supplementing with 8 and 9 point as follows: "8. The Cabinet of Ministers to the 2011 April 1 article 15 of this law shall be issued in the fourth part of the Cabinet of Ministers laid down the rules for drawing up the evaluation report, the amount of information required and the arrangements for delivery.
9. Amendment of article 15 of this law and article 17 in the third part, which provides for the national probation service's obligation to provide evaluation reports, shall enter into force on 1 April 2011. "
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.