Amendments To The State Probation Service Act

Original Language Title: Grozījumi Valsts probācijas dienesta likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Saeima has adopted and promulgated the following laws of Valstsprezident: amendments to the State 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, no 8) follows: 1. Article 1 be expressed by the following: "article 1. The terms used in the law, the law is applied in the following terms: 1) volunteer probation officers: a person who, in the State Probation Department authorizes an individual to perform the task;
2) settlement through an intermediary — the negotiation process involving the victim and probation client and using an intermediary, to prevent the consequences of the crime and the victim and probation customer settlement;
3) postpenitenciār assistance — a set of measures for society after release from penitentiary authorities;
4) probation — criminal penalties: forced labour and educational nature coercive measures — community work — executing as well as probation supervision and social customer behavior adjustment system designed to prevent a repeat of the crime;
5) probation: conditional customer convicted person; before expiry of conditional parole released person; the person against whom criminal proceedings are terminated, the conditional relief from criminal responsibility; with the forced labour of convicted persons; a person with the appropriate community work; the person with the Prosecutor's statement about the penalty specified in forced labour; the person for which the Court of Justice, the public prosecutor or the penitentiary administration has requested the evaluation report; a person who committed a criminal offence and has agreed to participate in the settlement; a person who is provided postpenitenciār assistance;
6) probation programme — a set of measures aimed at promoting the integration into society of the probation clients;
7) social behaviour correction: the package of measures, the purpose of which is to make the customer's legal probation behavior;
8) mediator: specially trained to manage the settlement. "
2. To make article 4 by the following: "article 4. The national probation service (1) the national probation service's supervision of the Minister of Justice under the direct authority, in the exercise of national criminal policy — forced labor — and educative nature coercive measures — public works —, as well as probation supervision of clients and social behavior adjustment.
(2) the national probation service is composed of the central apparatus and territorial units.
(3) the national probation service is financed from the State budget. "
3. Make the text of article 6 in the following wording: "the national probation service's functions are as follows: 1) to provide evaluation report on the probation clients;
2) provide probation program development and licensed programmes;
3) organize criminal penalties — forced labor —;
4) organize the empowering nature of coercive measures — public works —;
5) during the test to monitor the persons against whom criminal proceedings terminated, the conditional relief from criminal responsibility;
6) organize and manage settlement in criminal proceedings;
7) to monitor persons convicted of or conditional conditional early release from penitentiary authorities;
8) provide postpenitenciār assistance to persons who are being prepared for release, or is released from the prison authorities. "
4. Replace paragraph 1 of article 7, the words "judgment of" with the words "in the ruling and prosecutors ' decision.
5. in article 8: replace the words "paragraph 1" with the words "the judgment ruling, the Prosecutor's decision or the Prosecutor's statement as punishment";
make paragraph 5 by the following: "5) to participate in probation programs."
6. To express the following chapter IV: "chapter IV national probation service mission in article 9. Probation program licensing (1) probation program license of the Ministry of Justice established a licensing Commission.
(2) a probation program license and implement the Cabinet.
10. article. Probation programmes (1) national probation service implements the probation program, or cooperate with the probation program implementers.
(2) the national probation service funded probation programs with appropriation granted in the law on the State budget for the current year.
(3) the national probation service in the Cabinet in the order and amount financed by the probation clients expected social rehabilitation services of assistance and monitoring postpenitenciār.
11. article. Surveillance State Probation Department of the Cabinet of Ministers established the Watch: 1) conditionally sentenced persons;
2) conditionally before the term of parole released;
3) persons against whom criminal proceedings are terminated, the conditional relief from criminal responsibility.
12. article. Criminal penalties: forced labor — the execution State Probation Department organized criminal penalties — forced labor — the performance of the Cabinet.
13. article. Mediation mediation (1) national probation service enables the victim and the person who committed a criminal offence to engage in a voluntary settlement with the intermediary.
(2) in order to ensure that the settlement with the help of nothing among, national probation service: 1) intermediary training;
2 inform the process Guide) on the possibility of implementing the settlement and its objectives;
3) implements the settlement;
4) notify the driver of the process of reconciliation;
5) provide the public with information on the possibility of implementing the settlement and its objectives.
(3) the Cabinet of Ministers shall lay down the procedure by which the State Probation Department organizes and directs the settlement through an intermediary.
14. article. Postpenitenciār assistance (1) assistance Postpenitenciār and receipt basis is the national probation service and sentenced in a written agreement.
(2) an agreement concluded for a period of up to twelve months, and it is possible to extend for a period of up to six months, if this is necessary for the completion of the probation program or social behavioral adjustment.
(3) an agreement concluded before the person's release from prison authorities, shall enter into force on the day of release.
(4) a Person within six months after the release of the penitentiary institutions have the right to conclude an agreement on the aid postpenitenciār.
(5) the national probation service postpenitenciār help: 1) informed of the possibilities to get a temporary home and identity documents;
2) helps you find non-profit activity;
3) offers to participate in probation programmes;
4) advise on matters relating to integration in society.
(6) the Postpenitenciār and the receipt of order is determined by the Cabinet of Ministers.
15. article. Evaluation report (1) the national probation service after the Court, Prosecutor or custodial institutions prepare evaluation at the request of the Administration's report on probation.
(2) the evaluation report shall include the characteristics of the client and probation in his assessment of social conditions, as well as the national probation service's views on the client.
16. article. National probation service database (1) national probation service collects information about the probation clients.
(2) the national probation service information to be included in the database, as well as its inclusion and use of the procedure established by the Cabinet of Ministers.
(3) the cabinet shall determine the customer's use of the probation, design, transfer, termination, renewal and retention procedures.
Article 17. Cooperation with the custodial authorities (1) the national probation service in cooperation with the custodial authorities: 1) shall inform the convicted about the possibility to conclude an agreement on the arrangements for receiving assistance postpenitenciār and;
2) participates in the social behavior of convicted in the penal correction;
3) implemented in probation program for those convicted.
(2) the State Probation Service has the right to request and receive from the custodial authorities information about: 1 preparation of the release of the convicted) and release;
2) and resocializācij to work with convicts;
3) persons asking prison authorities of the Administrative Commission to examine the question of the possible promotion of things on the Court for conditional early release from parole.
(3) the national probation service provides custodial authorities a written Administrative Commission assessment of the person's willingness to participate in the society after a conditional early release.
18. article. Cooperation with institutions, providing postpenitenciār assistance pilngadīgaj people not national probation service shall inform the family courts (pagastties) on pilngadīgaj persons exempted from a custodial sentence and not the parents or other legal representatives, as well as in cooperation with the family courts (pagastties), social services and other relevant institutions shall take steps to solve their social problems. "
7. the title of chapter V be expressed by the following: "chapter V national Probation Service Advisory Council".
8. Express article 19 by the following:

"article 19. The national probation service's Advisory Councils (1) in order to facilitate optimal cooperation between the institutions of the unified policy in the field of probation, establish a national Probation Service Advisory Board and its territorial departments Advisory Council.
(2) the procedures for convening meetings of advisory councils and organizes work of the boards, as well as the call on the representatives of the other institutions shall be determined by the Cabinet of Ministers. "
9. in article 21: the words "the State replace the probation service's Advisory Council of territorial units" with the words "the national probation service's territorial Department Advisory Council";
Add to article paragraph 6 by the following: "6) Prison Administration spokesman in the territorial departments that are located in the territory of the penitentiary authority."
10. Express article 23 by the following: ' article 23. Volunteer probation officer (1) a volunteer probation employees may be a person who: 1) has expressed the wish to participate in this statutory national probation service tasks and received the national probation service in writing of the head of the territorial Department of the opinion that the ability to perform any of these tasks;
2) is incapacitated and reached 18 years of age;
3) can the State language.
(2) a volunteer probation officer must be a mediator in the settlement if: 1) that he has sufficient knowledge and skills in the management of the mediation process;
2 he is not called) criminally liable for intentional criminal offence;
3) he has received the national probation service-issued certificate.
(3) the Cabinet of Ministers shall lay down the procedure by which the State Probation Department certifies volunteers probation employees who are intermediaries in the settlement.
(4) the national probation service with a voluntary probation worker participation agreement concluded.
(5) the voluntary probation worker is obliged to respect the principles of ethics and not to disclose information which he obtained the cooperation of a contract the performance of certain tasks.
(6) the volunteer probation officers for participation in the performance of the tasks laid down in the contract to receive compensation in the order of the Cabinet of Ministers and about. "
11. To make article 25 the following: "article 25. National probation service officials and employees ' rights (1) the national probation service officials and employees have the following rights: 1) to receive information about the client's convictions of probation, including the withdrawn of convictions;
2) require the probation clients presented identity documents;
3) invite the customer to come the probation State Probation Service;
4) the performance of their duties, the regulations established to visit prisons;
5) visit the probation workplace or education of customers;
6) with the consent of the client to probation with his employer or educational institutions;
7) with the consent of the customer of the probation to meet with members of his family;
8) visit the probation clients to his residence from 7.00 till 23.00 o'clock;
9) take a probation client;
10) collect information about client state probation probation service.
(2) the national probation service officials and employees, making relatively convicted, relatively early release from parole or conditional release of a person from criminal responsibility, in addition to the first paragraph of this article are laid down in the following rights: 1) control how the probation clients in accordance with the monitoring plan comply with his requirements;
2) visit the probation clients at his residence without prior warning;
3) visit the probation clients at his residence during the time of noon. 23.00 to 7.00, if the obligation to be in residence during that period of probation imposed by the Court for the customer;
4) receive information about probation client livelihoods.
(3) If the customer is a minor probation, they agree to the first part of this article 6 and 7 in the cases referred to in point is required.
(4) in preparing the evaluation report at the request of the Court or the public prosecutor, the national probation service officials and employees in addition to the first paragraph of this article are laid down in the second paragraph of this article, paragraph 4 of the law.
(5) the national probation service officials and employees have the right to Cabinet in order to check the probation clients to determine whether he has been using alcohol, narcotic drugs or psychotropic substances. "
12. Transitional provisions: to replace the name "transitional provisions" with the words "transitional provisions";
believe the current transitional provisions the transitional provisions of the text of paragraph 1;
adding to the transitional provisions in paragraph 2 by the following: "2. the national probation service monitors its conditionally sentenced person relatively early from prison authorities released and conditionally exempt from criminal responsibility persons for whom a judicial decision or a decision of the Prosecutor entered into force by 31 December 2005."
The law adopted by the Parliament in 2006 on 26 October.
 
State v. President Vaira Vīķe-Freiberga in Riga 2006 9 November Editorial Note: the law shall enter into force with 23 November 2006.

Related Laws