Amendments To The State Probation Service Act

Original Language Title: Grozījumi Valsts probācijas dienesta likumā

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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, no. 24; 2009, 2., no. 14, 16; Latvian Journal No. 183, 2010; 120. in 2011, no; 2012, nr. 189) the following amendments: 1. Express article 7 (1) of the following: "1) to meet the Prosecutor's decision and the execution of criminal sentences provided for in the law governing the national probation service and obligations;". 2. Express article 8 paragraph 1 as follows: "1") to request and receive information about the Court ruling, the Prosecutor's decision or the Prosecutor's statement on the execution of penalties, as well as criminal enforcement of regulatory and statutory public service obligations of the probation order; ". 3. Express article 10 and 11 by the following: ' article 10. Probation programmes (1) national probation service provides probation programmes according to the customer's risk and the probation needs assessment. (2) the national probation service in cooperation with the custodial authorities implement a probation program in which convicts serving sentences in penitentiary institutions. 11. article. Surveillance (1) national probation service shall supervise: 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; 4) persons who fit the additional penalty: probation supervision. (2) the cabinet shall determine the order in which the national probation service to monitor the first paragraph of this article. (3) the national probation service provides the persons referred to in the first subparagraph under probation supervision of client risk and needs assessment. " 4. Turn off 11.1 article. 5. in article 15: turn in the second paragraph, the words "in custodial institutions in the Administrative Commission to examine the possibility of sending the application to the Court"; make the third paragraph (1) of the following: "1) to provide a comprehensive, unbiased information, which will decide the issue of probation, a fine to be determined for the customer as well as on possible national probation service to certain obligations in the framework of the monitoring, taking into account the client's probation mindset, behaviors, attitudes and, of the crime of the contributing social conditions;" Supplement third with 1.1 and 1.2 of paragraph 1 by the following: ' 11) to provide a comprehensive, unbiased information, which will decide the issue of probation client conditional early release from parole and possible national probation service to certain obligations in the framework of the monitoring, taking into account the client's probation mindset, behaviors, attitudes and, of the crime of the contributing social conditions; 12) described the circumstances under which the probation clients plans to live after a conditional early release from parole, electronic monitoring of suitability determination, if the evaluation report drawn up on a convict who asked to be released from his sentence of probation before the deadline with electronic monitoring; ". 6. turn off article 17. 7. in article 11.2: replace the third paragraph, the word "the" with the words "of the Court by the Prosecutor or the national probation service"; Replace in the fifth subparagraph, the word "the" with the words "of the Court by the Prosecutor or the national probation service". 8. Supplement to chapter IV, article 18.2 as follows: "article 18.2. Performance research and publication (1) the national probation service not less frequently than every three years, carried out their activities in the methodological study of indicators, analysing the past and existing probation clients relapse. (2) research activities results in the State Probation Department shall publish on its homepage on the internet month after completion. " 9. Article 25: make the second paragraph, the introductory paragraph as follows: "(2) the national probation service officials monitored the article 11 of this law laid down in the first paragraph, in addition to the first, and in part 1.1 has the following rights:"; to make the second part of paragraph 3 as follows: "3) visit the probation clients at his residence during the time of noon. 23.00 to 7.00, if according to the enforcement of the criminal laws governing probation customer obligation, prohibition to leave residence within a 24-hour period; "; to make the second part of paragraph 5 by the following: "5) fix or completely or partially cancel the conditionally sentenced or conditionally before the term of parole release, as well as persons who have applied to the additional penalty of probation supervision — — criminal enforcement laws and regulations governing obligations, and monitor compliance." Express 2.1 part as follows: "(21) national probation service officials in implementing relatively early from parole released electronic surveillance of persons, in addition to the first, 1.1 and the second part is specified in the following rights: 1) install electronic equipment in the customer's residence of probation; 2) to attach or remove the probation customer electronic device; 3) to test electronic devices any time of the day; 4) control the electronic monitoring graphic; 5) to process electronic equipment fixed information about the customer being in probation in a certain place and time; 6) to remove the electronic equipment of the customer's place of residence of the probation. " 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, paragraph 4 of the law. Assessing the application of electronic supervision probation customer, national probation service officials in addition to have the following rights: 1) without the consent of the client to probation with probation likely place of residence of the customer dzīvojošaj persons, to find out that person's attitude towards the electronic monitoring and electronic devices; 2) get probation, possible residence customers living in person for permission to deploy the electronic devices in the home probation customer electronic monitoring implementation; 3) take the customer's possible probation resident screening electronic monitoring. " 10. transitional provisions be supplemented with 10 and 11 by the following: ' 10. Persons sentenced or conditionally conditionally exempt until 2015 before the deadline of 31 January, the national probation service's rules of law, which was in effect until January 31, 2015. 11. The Cabinet of Ministers until 2015 March 1 does article 11 of this law referred to in the second subparagraph. To this provision to the date of entry into force of the following is applicable to the Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) Cabinet 27 November 2007 Regulation No 804 of "conditionally sentenced, tentatively before the term of parole and conditional release from criminal responsibility persons exempted monitoring procedures"; 2) Cabinet 2012 august 16 Regulation No. 562 "the order in which the national probation service provides additional penalty: probation supervision —". " The law shall enter into force on February 1, 2015. The Parliament adopted the law in 2014 October 2. The President a. Smith in Riga 2014 October 15

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