National Probation Service Act

Original Language Title: Valsts probācijas dienesta likums

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The Saeima has adopted and the President promulgated the following laws: the national probation service law chapter I General provisions 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) evaluation report-national probation service information, prepared by the probation clients;
4) postpenitenciār assistance — a set of measures for society after imprisonment penalty of penal institution;
5) probation: probation supervision of the client and his social behaviour correction in order to prevent re-offending offence;
6) probation client — the person serving the penalty of deprivation of liberty or is freed from imprisonment by the authorities of Penal and concluded an agreement with the national probation service for help in postpenitenciār, as well as the person conditionally exempted from criminal penalties, convicted conditionally or conditionally released before the term of the penalty if it imposed the duties provided for in the law;
7) social rehabilitation centres – institutions which meet the social rehabilitation institutions and requirements which main task is to perform probation customer social behaviour correction;
8) social behaviour correction — methodological set of organizētspasākum, the aim of which is to integrate people into society;
9) — settlement process the mediator to perform a specially trained person;
10) — measures to integrate in society and of the probation clients ensure that probation client respects the requirements of the rules of law;
11) monitoring plan: a document which defines the monitoring of the implementation of the client's probation.
 
2. article. The scope of the law, the law determines the principles of the State Probation probation service structure, powers and functions, as well as the national probation service staff legal status, rights and obligations.
 
3. article. The principles of State Probation probation service is organised on the basis of the following principles: 1 probation): principles of cooperation is based on the work of probation institutions, organisation and promotion of cooperation for the purpose of optimal and appropriate joint policies to engage and use the State, municipal and social organizations resources probation;
2) optimization principles — probation work arranging it so rationally probation delegating its functions to the relevant authorities and public organizations, and with the right to determine the criteria for the performance of these functions and to control these functions;
3) principle of social inclusion — through probation supervision of the client and his social behavior adjustment, ensure that the customer's integration into society.
 
Chapter II national probation service organization and staff article 4. The national probation service (1) the national probation service is under the supervision of the Ministry of Justice, the existing public administration, implementing public policy under the supervision of the probation clients and their adjustment to the social behavior, as well as perform other functions assigned by this law.
(2) the national probation service shall consist of the national probation service's administration and the national probation service's territorial Department.
(3) the national probation service regulations approved by the Cabinet of Ministers.
(4) the national probation service is supplemented with a small picture of the Latvian National coat-of-arms and the full name, as well as the emblem.
 
5. article. National probation service staff the national probation service staff are officials and employees. The positions of officials after coordination with the civil administration of the national probation service.
 
6. article. National probation service national probation service's functions are as follows: 1) to provide evaluation report on the probation clients;
2) organize social behaviour correction programs and provide preventive measures;
3) coordinate criminal penalties — forced labor —;
4) to monitor the enforcement of decisions relating to the minor public works;
5) during the test to monitor the persons against whom criminal proceedings are terminated, the conditional relief from criminal responsibility;
6) collaborate with the custodial authorities, preparing for the release of a person from a custodial sentence;
7) to monitor persons convicted conditionally and relatively early release from penitentiary authorities;
8) the provision of custodial institutions but individuals postpenitenciār.
 
Chapter III obligations of the client and the probation law of article 7. Probation obligations of the client the client has the following probation obligations: 1) judgment of the Court to discharge obligations;
2 to perform State probation) officers of the legal requirements;
3) provide true information the national probation service officials;
4) assistance provided to use according to the intended purpose.
 
8. article. The customer's right to probation probation the customer has the right: (1)) to request and receive information about the execution of the Court judgment;
2) to request and receive information on possible assistance;
3) to request and receive an explanation of their rights;
4) use the national probation service's proposed social behaviour correction services;
5) to log on and participate in social behaviour correction programs.
 
Chapter IV the national probation service, competence and cooperation financing article 9. National probation service cooperation institutions the national probation service within the limits of its competence and regulations shall cooperate with State and local authorities and public organizations.
 
10. article. National probation service in cooperation with the social rehabilitation centres (1) national probation service based on mutually concluded agreements, cooperate with the social rehabilitation centres.
(2) the national probation service according to the law on the State budget for the current year to the appropriations allocated to ensure national participation in probation for the social customer behavior adjustment measures.
 
11. article. The national probation service's competence in criminal-forced labor — the coordination of enforcement of the national probation service coordinates the criminal penalties — forced labor — the performance of the Cabinet.
 
12. article. The national probation service's competence and conditionally sentenced conditionally before the expiry of the custodial authorities released surveillance (1) the national probation service, based on court rulings which have entered into force, perform relatively convicted and relatively early from prison authorities released surveillance.
(2) the national probation service for the execution of the judicial decision shall notify the Court which delivered the judgment or decision.
(3) the national probation service in criminal law cases the Court prepared submissions and participating in the proceedings in the Court.
 
13. article. The national probation service's competence through amicable mediation (1) national probation service enables client and probation victim volunteered to engage in mediation with the mediation process.
(2) the national probation service, implementing a settlement through an intermediary, shall perform the following functions: 1) intermediary training;
2) provide information on the process for transforming capabilities to implement the settlement, mediation and conciliation;
3) implements the settlement mediation process;
4) notify the driver of the process of reconciliation with the intermediary results;
5) provides the public, victims and the probation clients about options to implement a settlement through an intermediary and settlement purposes.
 
14. article. National probation service in cooperation with the custodial authorities (1) the national probation service in cooperation with the prison authorities and other State and local authorities: 1) promotes the social behavior of persons released on parole at the time of the adjustment and integration of these persons into society after the custodial sentence;
2) identify persons who need help after sentence, agree with them on the procedures and getting help;
3) develops and distributes the prisoners for social behaviour correction programs.
(2) the national probation service is entitled to request and receive from the custodial authorities information about: 1 preparation of the release of the convicted) and release;
2) and education to work with notiesātaj persons;
3) persons the Administrative Commission of the proposed decision, the Court relatively early release from parole.
 
15. article. The national probation service's competence in the provision of assistance postpenitenciār (1) Postpenitenciār assistance and receiving Foundation is the national probation service and sentenced in a written agreement.
(2) the national probation service in agreement with the probation clients can:

1) to provide information on the possibilities to obtain temporary accommodation to persons who do not have place of residence;
2) help find valid public activity;
3) help get identity documents;
4) offer to participate in probation programmes;
5) give advice on possible solutions to problems relating to integration in society.
(3) the national probation service shall inform the family courts (pagastties) on pilngadīgaj persons exempted from custodial institutions and which have no parents or guardians, as well as in cooperation with the family courts (pagastties), social assistance services, and other involved authorities take steps to solve their social problems.
 
16. article. National probation service database (1) national probation service collects information about the probation clients.
(2) the national probation service databases on the amount of information required, as well as the inclusion and use of the procedure is determined by the Cabinet of Ministers.
 
Article 17. Evaluation report (1) the national probation service after the Court or the Prosecutor's request, draw up a report on the evaluation of the probation.
(2) the evaluation report approved by the national probation service's Manager, his Deputy or the national probation service's territorial Department.
(3) the evaluation report shall include a description of the client and probation in his assessment of social conditions, as well as the national probation service's view of the person concerned.
 
18. article. National probation service activities are funding the national probation service is financed from the State budget.
 
Chapter v national Probation Service Advisory Board article 19. The national probation service's Advisory Council (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. The Advisory Forum is a territorial unit.
(2) the arrangements shall be convened by the Advisory Board and its territorial departments, organized the meeting of the Council and its territorial departments as well as the call on the representatives of the other institutions shall be determined by the Cabinet of Ministers.
 
20. article. National Probation Service Advisory Council made up of the national probation service's Advisory Council is composed of: 1) a representative of the Supreme Court;
2), the representative of the General Prosecutor's Office;
3) a representative of the Ministry of Justice;
4 municipal Union of Latvia) representative;
5 the national probation service) management representative;
6) Prison Administration spokesman;
7) national police representative.
 
21. article. The national probation service's Advisory Council, the composition of the territorial unit (1) national Probation Service Advisory Council is composed of territorial unit: 1) District (City), the representative of the public prosecutor's Office;
2) District (City) Court representative;
3) District (the town of) the national police administration's representative;
4) representative;
5) national probation service representative of the territorial unit.
 
Chapter VI national probation service officials and employees ' legal status article 22. National probation service officials and employees raised requirements (1) to the national probation service official posts eligible persons who meet the State requirements of the civil service law.
(2) to the national probation service employees location: 1 eligible) with at least secondary education;
2) whose personal qualities, skills and previous work experience meets the job requirements.
 
23. article. Volunteer probation officers (1) On Probation employees may volunteer to become people who have expressed their willingness to participate in the performance of the tasks of the probation, participated in discussions with the national probation service officials and received the opinion that fulfil one of the probation.
(2) the national probation service with the volunteer probation officers concluded the cooperation agreements.
 
24. article. State Probation officials and employees of the service licences and distinguishing marks (1) the national probation service officials and employees issued identification card and badge.
(2) voluntary probation workers shall be issued with the national probation service's voluntary probation worker certificate.
 
25. article. National probation service officials and employees ' rights national probation service officials and employees have the right to: 1) request to the customer fulfilling probation judgment of obligations;
2) control how the probation clients in accordance with the monitoring plan comply with his requirements;
3) receive information about the probation clients;
4) require the probation clients presented identity documents;
5) invite the customer to come the probation State Probation Service;
6) visit the law prescribed prison State probation service functions.
 
26. article. State Probation officials and employees of the service obligations of the State Probation Service officials and employees have the following responsibilities: 1) provide probation clients information on the assistance available;
2) provide for probation customer confidentiality of the information received;
3) make probation customer records;
4) to check how the probation clients will meet their obligations;
5) within the limits of its competence to give probation customer will need support and assistance;
6) together with potential customers to prepare a probation agreement project for postpenitenciār assistance.
 
Transitional provision of this law article 6 and 7, paragraph 5, and article 12 shall enter into force on 1 January 2006.
The law shall enter into force on January 1, 2004.
The law adopted by the Parliament in 2003 on 18 December.
 
State v. President Vaira Vīķe-Freiberga in Riga 2003 December 30, editorial comment: the law shall enter into force by January 1, 2004.

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