Amendments To The Law "about The Empowering Nature Of Coercive Measures For Children"

Original Language Title: Grozījumi likumā "Par audzinoša rakstura piespiedu līdzekļu piemērošanu bērniem"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/209644

The Saeima has adopted and the President issued the following law: amendments to the law "on the empowering nature of coercive measures for children" make law "on educative nature coercive measures for children" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2004, 2, 14 no, no 8; 2005; 2006; 2007, no 2, no 3) follows: 1. Replace the words "throughout the Act social assistance service" (fold) with the words "social service" (fold).
2. Supplement article 3 with the words "If this law is not otherwise specified."
3. Turn off the paragraph 2 of article 4.
4. To exclude article 5, first paragraph, the word and the number "2".
5. in article 6: to supplement the first part with 6.1 points by the following: ' 61) to determine the behavioural restrictions ";
replace the second paragraph, the words "and the number and (5)" with the figures and the words "in paragraph 5 and 6.1";
to supplement the article with third, fourth and fifth paragraph as follows: "(3) If a child who has committed an offence or irregularity has entered into a settlement and fulfilled the conditions laid down therein, the educative nature forced him feature may not apply. If the offence the Criminal Code foresees criminal responsibility, settlement shall organise and chair the national probation service.
(4) if the settlement concluded the national probation service's trained at the intermediary's control of the conditions of the settlement deadline, the national probation service reports to the Court on settlement conditions. Settlement conditions shall not exceed six months.
(5) in other cases, the settlement conditions, after the expiry of the terms of the settlement are due to the Court or the Administrative Commission shall notify the victim or his representative. "
6. To make article 7 the second subparagraph by the following: "(2) in addition to the child may be obliged to seek treatment from alcohol, narcotic, psychotropic or toxic substances or other dependencies in article 14 of this law."
7. To supplement the law with the 10.1 article as follows: "article 10.1. (1) the application of the educational nature of the detention, the behavioral restrictions — a child obliged to take specific action or to refrain from certain activities.
(2) to identify child behavioral restrictions can temporarily from 30 days to one year.
(3) the child can determine the following behavioural restrictions: 1) prohibit going down in public places;
2) prohibit the meet with certain persons;
3) prescribe the specific time of the day to be in your place of residence;
4) be obliged periodically (one to four times a month) to attend registration, national police;
5) be obliged to participate in the social adjustment and social assistance programmes;
6) be obliged to continue the acquisition of basic education;
7) be obliged to come to the counseling psychologist, doctor or to other specialists.
(4) the judge or the Administrative Commission shall, when applying this article, the nature of compulsory educative tool, you can specify one or more of the third part of this article, these behavior restrictions. The third part of this article 1, 2, 3 and 4 of paragraph behavior restrictions apply only to the judge.
(5) the expenditure incurred by the application of behavioral restrictions, the obligation to come to the counseling psychologist, doctor or at other specialists — bear in the order laid down in the law on the rights of the child to treatment. "
8. Supplement article 11 with the sixth part as follows: "(6) If the educative nature coercive measures — obligation to carry out community work, during run time, the child reaches 18 years of age, children in public performance continues, while empowering nature of forced feature executed in full."
9. Article 13 be expressed as follows: "article 13. (1) the social adjustment of the educational institution a child may be placed for a period of one year to three years, but no longer than up to 18 years of age, but if the child is under 18 years of age, the educational nature of the forced execution can continue, in accordance with article 35.2 of this law or article 36 part no more than 1.1 to 19 years of age.
(2) in determining the educational nature of the coercive measures — into the social adjustment of educational institution — the expiry date and duration, the judge take into account, wherever possible, teaching the beginning and end of the year, as well as the level of education of the child and the need for continuing education.
(3) If there is reason to believe that the child will avoid the insertion of social adjustment of the educational institution or to insert the child is at risk or another person's life and health, the judge decides to place the child State police prevention institution for children for a period not longer than 10 days. "
10. To make article 14, first subparagraph, the first sentence as follows: "the judge or the Administrative Commission with the child or the child's parent (guardian) consent or with the consent of the family courts, where the child or his parents (guardian) does not consent, the child may be imposed for failure to seek treatment from alcohol, narcotic, psychotropic or toxic substances or other addiction, if it was on the basis of the offence or misconduct."
11. Article 16, first paragraph: Add to paragraph 1 by the word "children" with the words and the number "(which reached 14 years of age)";
make paragraph 3 by the following: ' 3) from the educational institutions, if the child attends an educational establishment, or workplaces where child work; ".
12. Article 20: Add to the article with the second and third subparagraphs by the following: "(2) If the conditions of the settlement deadline is not met, the judge hearing the case, within 15 days after the national probation service, the victim or his representative of notification.
(3) If the conditions of the settlement deadline is not met, the Administrative Commission shall examine the case within 15 days of the victim or his representative of notification. ';
believe the current text of the first part of the article.
13. To supplement the law with article 20.1 the following: 20.1 "article. (1) where a child has committed an offence, then she and the victim or the victim's representative at the conclusion of the conciliation and mediation can encourage the national probation service's trained mediator.
(2) if the judge considers that the case is a possible settlement and appropriate to involve the mediator, he may inform the State probation service. "
14. To supplement the law with 25.1 and 25.2 of the article follows:

' 25.1 article. (1) the child and the victim or their representatives to discuss the judge's resignation to the room in the cases provided for in the criminal law may declare the settlement.
(2) the settlement shall be made in writing and accompanied by the documents. The settlement indicates that it closed voluntarily and the victim or his Representative understands the consequences and conditions of the settlement.
(3) if the child and the victim or their representatives on the conciliation shall notify orally at the hearing, the settlement shall record the minutes of the hearing and signed by the child and his or her representative, and the victim or his representative. The parties may submit to the judge also notarized settlement.
(4) where the child and the victim or their representatives shall notify the settlement until the judge left to consult room, the judge, without checking the file, you can decide to close the case on the empowering nature of coercive measures for the child.
Article 25.2. (1) the child and the victim or their representatives to meetings of the Administrative Commission may announce a settlement.
(2) the settlement shall be made in writing and accompanied by the documents. The settlement indicates that it closed voluntarily and the victim or his Representative understands the consequences and conditions of the settlement.
(3) if the child and the victim or their representatives on the conciliation shall be notified to the Administrative Commission orally at the hearing, the settlement of the Administrative Commission shall record the minutes of the hearing and signed by the child and his or her representative, and the victim or his representative. The parties may submit to the Administrative Commission also notarized settlement.
(4) where the child and the victim or their representatives shall notify the Administrative Commission for settlement until the end of the hearing, the Administrative Commission without checking the file, you can decide to close the case on the empowering nature of coercive measures for the child. "
15. To supplement the law with article 27.1 and 27.2 the following: ' article 27.1. (1) If a judge following the receipt of the materials that may be considered to close the case on the basis of a settlement, he shall prepare and send to the national probation service to implement the settlement proposal, while pointing to the conclusion of the settlement date and the date of the hearing. Copies of the proposal sent to the child who has committed an offence and the victim or their representatives. The conclusion of the settlement deadline may not exceed two months from the date of receipt of the judge's suggestion.
(2) If a judge receives the national probation service information that the parties to the settlement do not agree or refuse to participate in the settlement, he cited the case within the time limit set for the empowering nature of coercive measures for the child.
(3) If the court hearing the judge to receive national probation service information on the implementation of the settlement, he may decide on the termination of the settlement, releasing a child from the empowering nature of application of coercive measures.
(4) if the judge receives the national probation service of notice or of the victim or his representative, notarized statement that the parties entered into a settlement, he postponed the hearing until settlement conditions. If the terms of the settlement deadline is met, the judge may decide on the termination of the child from the empowering, freeing nature of application of coercive measures.
Article 27.2. (1) If the Administrative Commission following the receipt of the material feels that things may be terminated on the basis of a settlement, it shall prepare and transmit to the child who has committed an infringement and the victim or their representatives a proposal to implement the settlement, while pointing to the conclusion of the settlement date and the date of the meeting of the Administrative Commission. The conclusion of the settlement deadline may not exceed two months from the date of receipt of the proposal of the Administrative Commission.
(2) If the Administrative Commission of the parties receive the information that the parties to the settlement do not agree or refuse to participate in the settlement, within the time limit set in advance the case for empowering nature of coercive measures for the child.
(3) If the Administrative Commission before the hearing of the Administrative Commission of the parties receive the information on the implementation of the settlement, it may decide on the termination of the settlement, releasing a child from the empowering nature of application of coercive measures.
(4) If the Administrative Commission receives the victim or his representative, notarized statement that the parties entered into a settlement, it postponed a hearing until settlement conditions. If the terms of the settlement deadline is met, the Administrative Commission may take a decision on the case, releasing a child from the empowering nature of application of coercive measures. "
16. Make the article 29 the following: ' article 29. (1) a judge or Administrative Commission decision on empowering the nature of coercion — — application of the alert is sent to the child's place of residence local children for information.
(2) the judge or decision of the Administrative Commission of educative nature coercive measures — obligation to apologize to victims if they agree to meet with the perpetrator, the application sends the child: the child's place of residence the municipality.
(3) a judge or Administrative Commission decision on empowering the nature of coercion — transfer guarantees parents or guardians, as well as other persons, institutions or organizations — application of the child sends a child's place of residence the municipality and the person, authority or body to which the child is transferred to the guarantee, for information.
(4) the judge or decision of the Administrative Commission of educative nature coercive measures — obligation to their actions to prevent harm effects of the application of the child-the child's place of residence shall send to the municipality.
(5) a judge or a decision of the Administrative Commission of educative nature coercive measures — obligation to pay damages, the application sends the child the child's place of residence the municipality.
(6) if the child has committed an offence for which the law provides for criminal penalties, the judge decision on empowering the nature of coercion — — the application of constraints of behavior child (this law 10.1 of part of article 1, 2, 3 and 4) sent to the country of residence of the child to the Police Department and the child's place of residence the municipality for further action.

(7) a judge or Administrative Commission decision on empowering the nature of coercion — — the application of constraints of behavior child (this law 10.1 of part of article 5, 6 and 7) shall send the child to the municipality of residence.
(8) the decision of the judge of the educative nature coercive measures — obligation to carry out public works — application of the child sends the national probation service and the municipality of residence of the child for further action.
(9) the judge decision on empowering the nature of coercion — into the social adjustment: application of the educational institution a child sent to the Ministry of education and science and the municipality of residence of the child. The decision on placing the social adjustment of educational performance monitor the relevant authorities. "
17. off article 30.
18. To supplement article 31 after the words "Person" with the words "enforcement authority".
19. Supplement article 32 first and second subparagraph after the word "person" with the words "enforcement authority".
20. To supplement the law with article 32.1 by the following: ' article 32.1. (1) If a child is sick or for other important reasons for him not being able to carry out public works, he or his legal representative shall notify the national probation service, recognizing the work of making public the reasons for justifying public works execution can be suspended for a period of not more than one month, or on the time I have been ill, making the appropriate entry in the personal file.
(2) if the national probation service made a decision to reject the child's or his or her legal representative for the application with a request for important reasons to allow for the time not to carry out public works, public works execution initiated or continued without delay. "
21. Article 33: make the first paragraph by the following: "(1) the judge or the Administrative Commission by the proposal, which the institution shall monitor the execution of the decision on the empowering nature of coercive measures for the child may decide about the educative nature coercive means shortening the duration or extension of the time limit laid down in this law and in accordance with the procedure laid down in chapter IV;"
to supplement the article with the third part as follows: "(3) things about shortening the duration of stay or extension of social correction institution in court after authorities locations."
22. the title of Chapter VI to express the following: "chapter VI Decision about placing the social adjustment of educational institution executing additional provisions".
23. Article 34: turn off first and second subparagraph;
to supplement the article with the fourth paragraph as follows: "(4) the social adjustment of educational institutions internal rules and the penalties provided for offences established by the Cabinet of Ministers."
24. To supplement the law with 21.8 and 21.9 article as follows: "article 35.1. (1) the social adjustment of the educational institution at the time not spent time during which the child is found to be arbitrary in absentia. On top of the absence of arbitrary regarded as the time when the national police registered social adjustments in educational application for child's search. The absence of arbitrary end with the moment when the State police provided the social adjustment of the education authority in the statement that the child is found or social adjustments of education authority has withdrawn its application to the State police on the search.
(2) if the child is left in social adjustment and educational institution located in absentia and arbitrary police found his location, the child may be placed in a State police prevention institution for children.
(3) a child of the national police authorities in the prevention of children until after they arrive in the social adjustment of educational institutions, but not more than five days.
Article 35.2. If the child has reached 18 years of age and the nature of compulsory educative tool — into the social adjustment of the educational institution, the child was not met due to absence of arbitrary judge, examining the social adjustment of the educational Manager application, in chapter IV of this law in accordance with the procedure laid down above shall decide on the nature of the forced execution of the continuation of the social adjustment of the educational institution or replace it with a conviction. "
25. Supplement article 36 with 1.1 part as follows: "(11) the decision of the judge, the end of the period laid down in the social adjustment of the head of an educational institution based on the child, and (if the child is under 18 years of age), one of his parents (guardians) application, you can ask the Court for the child (student) permit to stay in the social adjustment of the educational institution to the end of the school year. The judge shall examine the application in chapter IV of this law. "
26. To complement the transitional provisions with paragraph 4 by the following: "4. the new article 13 of the law of the third part shall enter into force on January 1, 2012."
The Parliament adopted the law in 2010 on April 22.
President Valdis Zatlers in Riga V in 2010 12th may