Amendments To The Cabinet On August 3, 2010, In Regulation No 711 "procedures For National Probation Service Organizes Educative Nature Coercive Measures-Community Work –"

Original Language Title: Grozījumi Ministru kabineta 2010. gada 3. augusta noteikumos Nr. 711 "Kārtība, kādā Valsts probācijas dienests organizē audzinoša rakstura piespiedu līdzekļa – sabiedriskais darbs – izpildi"

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/215.9


Cabinet of Ministers Regulations No. 699 in 2016 (November 1. No 58 23) amendments to the Cabinet on august 3, 2010, in Regulation No 711 "procedures for national probation service organizes educative nature of forced features, community work," Issued in accordance with the law "about the empowering nature of coercive measures for children" the third paragraph of article 11 to make the Cabinet on august 3, 2010, in Regulation No 711 "procedures for national probation service organizes educative nature coercive measures-community work –" (Latvian journal 124. No, 2010.) the following amendments: 1. Replace the text, the word "Compose" (fold) with the words "prepare" (the fold) and the word "drawn" (fold) with the word "prepared" (fold). 2. Make paragraph 5 by the following: "5. If the customer is not probation declared place of residence, the execution of public works Department, which supports activities in territory she resides." 3. To supplement the provisions under point 5.1 by the following: "5.1 service probation documents addressed to the customer declares in one of the following ways: 1. the probation issued 5.1 the client personally; 5.1 2. sent to probation or residence address of the client specified a correspondence address of receipt; 5.1 3. using electronic communication, if the customer a written Probation expressed the desire to receive the documents in the appropriate way. " 4. Express points 6 and 7 by the following: "6. The basis of probation, or his parents, or other legal representatives (hereinafter referred to as the agent) based application, a public performance can provide other organ. 7. Information on the public performance of the work specified in the customer's use of the probation according to the laws and regulations that govern the use of the probation, the customer's design, transfer, termination, renewal and storage procedures, as well as information to be included in the database and the inclusion and use of the information. " 5. Replace paragraph 8, the words "seven working days" with a number and the words "10 days". 6. Amend paragraph 9 and 10. 7. Make the following paragraph 11: "11. If minor probation client has arrived to log in without a representative, the Department continues to organize a public performance, and served probation summons to client department officials date specified, together with the representative. Official find the reason of absence of representatives. " 8. Supplement with 11.1, 11.2 and 11.3 of the following: "the invitation shall: 11.1 11.11. probation the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 11.12. the Probation Department to arrive, the customer and its address; 11.13. the date and time when the Probation Department to attend to the customer; 11.14. officials at which the client must come to the probation; 11.15. the officials the phone number and e-mail address (hereinafter referred to as the email address); 11.16. the invitation; 11.17. the possible consequences of absence; 11.18. information that the departments will be subject to the presentation of an identity document. 11.2 If the officer finds that the representative avoids arriving unit or circumstances of the minor's family or child care institutions conditions adversely affect minors and hinders the execution of public works, the officer shall, without delay, but not later than within three days in writing inform the municipal social services and family courts. 11.3 If the minor avoid public performance, the officer may invite a representative to attend the negotiations Department. " 9. Make the following point 12: ' 12. Probation customer who has come to the Department to apply for the execution of public works: 12.1 presented identity documents; 12.2. providing personal data processing; 12.3. indicates receipt of correspondence address, and other contact information. " 10. Supplement with 12.1, 12.2, 12.3 and 12.4 points as follows: 12.1 the customer When probation "come to apply for the execution of public works official: 12.11. verify client identity probation; 12.12. abstracted and probation customer data; 12.13. explained to the public the performance conditions and procedure (hereinafter referred to as the public works executing conditions). 12.2 the customer with Probation, certify that the public is familiar with the performance conditions and undertake public works execution time get yourself correspondence addressed to the above address. One public performance in terms of probation issued copies of the client, the second client adds a probation case. 12.3 If probation client is minor, with the public performance of their present conditions in the presence of a representative. One public performance in terms of probation issued copies of the client, the second client adds a probation case. 12.4 If the customer has arrived the Probation Department with the representative officer: 12.41. verify the identity of the representative; 12.42. obtain and process the data of the representative, including receipt of the correspondence address, and other contact information. " 11. Delete paragraph 14, the words "at the request of the employer". 12. Add to paragraph 15.1., after the word "the" with the words "the name and phone number". 13. Add to 15.7. subparagraph after the word "person" with the words "and their number". 14. Replace paragraph 16 in number and the word "10." with a number and the word "11.1". 15. Supplement with 17.1 points as follows: "17.1 If the customer assignments specified in the probation period does not arrive at the employer, an officer shall issue a new assignment." 16. Make 19.2 point as follows: "19.2. schedule preparation date;". 17. Add to 19.10. subparagraph after the word "place" with the words "and address". 18. Put 29., 30 and 31 by the following: "29. Amendments carry out official work schedule, in agreement with the employer and the probation clients, if the public work will be performed in time, which is not listed on the schedule, but include the period for which it is prepared. Before the date the amendments to the work schedule for the public of the work, the employer, the officers and probation customer with signature certifying the work schedule. Schedule a amendments one copy shall be issued by the employer, another to probation, the third customer is added to the customer's use of the probation. 30. the amendments to the work schedule: 30.1. it schedule number that been amended; 30.2. the work schedule the date of preparation of the amendment; 30.3. the employer's full name; 18.9. the employer's designated person responsible title, first name, last name, phone number, e-mail address; 5. probation customer's first name, last name, phone number, e-mail address; 30.6. the officials first name, last name, phone number, e-mail address; 19.1. amendments to the work schedule of the consultation date. 19.1. the dates on which the customer will conduct probation public works; 19.2. working time; 30.10. public performance space and address; 30.11. planned work hours in public. 31. the amendments shall be made in the work schedule, if the probation or the employer on the date when, in accordance with the work schedule of the probation clients must carry out community work, asked to change the public starting work or completion times. " 19. Add to paragraph 32, after the word "rule" with the number "13". 20. Supplement with 21.8 and 21.9 points as follows: "taking control of 21.8 public performance venue, the Officer prepares the test Act. Test Act: 21.8 1. date and time of the control; 2. probation client 21.8 name and contact information; 21.8 3. employer's name and contact information; 21.8 4. public performance space and address; 21.8 5. date and time of probation clients must carry out work in accordance with the work schedule; 21.8 6. Control findings. the Act of signature verification 35.2 probation officer customer and taking control. If the control time found that probation is not the client public performance site inspection signed by the employer and the officer carrying out the control. " 21. Delete paragraph 36. 22. Make 38.1. paragraph by the following: "officials work 38.1. within the time limit laid down in the schedule coming to a public performance space and finds that the customer is not on probation there, and officials are not informed in advance." 23. in paragraph 39 of the following expression: ' 39. work schedule after the relevant date Officer prepares the control registry form. The officer and the employer shall register with the control on the form, certify that the probation period set by the customer are made by public works. One control registry a copy of the form add a probation case, another customer at the employer's request, issue an employer. " 24. paragraph 42 be expressed as follows: "42. If probation client time limit referred to in these provisions do not appear to apply in the execution of the work and the public is not informed of the reasons justifying the absence, the officer sent a letter to probation customer summons to service, to provide an explanation. The invitation shall this provision in paragraph 11.1 information. " 25. Delete paragraph 44, the word "registered". 26. Express 29.0. subparagraph by the following: "29.0. If necessary, officers of the probation to which the customer must come to agree on the future of public performance, its contact information, as well as the address and the time when the customer arrives at the probation." 27. The deletion of paragraph 47. 28. the express 48. paragraph by the following: "48. If the customer alert probation period specified in does not appear to apply to the public performance or repeatedly breach public performance conditions under which was presented, and not informed of the reasons justifying the officer shall prepare within 15 days of the Court to one of the following proposals: 29.9. application for public work life; 30.0. public works replacement by tightening the educative nature coercive. " 29. Supplement with 29.9 30.0 points and by the following: "29.9 proposal adds copies of the documents referred to in it. One copy of the proposal sent to the Court, the other is added to the customer's use of the probation. If the Court under 30.0 criminal law article 66, first paragraph, of the conditions of probation has become the customer of under penalties, applying the empowering nature of the detention, community service and probation after receiving the warning customers not to apply for the execution of public works or repeatedly breach public performance conditions under which was presented, and not informed of the reasons justifying the officer shall prepare within 15 days of the application for the Court in the enforcement of criminal sentences imposed. " 30. To complement the introductory part of paragraph 49, after the word "proposal" with the words "and the number and application referred to in paragraph 48.2". 31. the title of chapter V be expressed as follows: "v. public works failure." 32. Replace 53.1 in number and the word "10." with a number and the word "11.1". 33. paragraph 54 be expressed as follows: "54. If the service has received probation (or representative) of the customer information that probation is not a disease in the customer able to perform community work, permission to officials of the time I have been ill not to carry out community work. On that authorization shall immediately notify the employer and make a mark in the database. Inform the probation officer and the representative of the customer on the next appointment time service and the submission of documents proving that community service was not performed due to the disease. " 34. To supplement the rules by 54.1 points as follows: "If the Department has received 54.1 probation (or representative) of the client's written application to allow for a period of up to one month for other important reasons not to carry out community work, the officer shall take a decision within 10 days after receipt of the application." 35. Express 55. and paragraph 56 as follows: "55. If the service has allowed probation customer for a period of up to one month for other important reasons not to carry out community work, the officer shall immediately notify the employer. 56. the probation clients (or representative) not later than 15 days before the date from which you want public works does not make other important reasons, those provisions the application referred to in paragraph 54.1. The application shall state: 56.1.; 56.2. date from which the requested not to make public works; 56.3. date on which to begin or continue to undertake public works; 56.4. address in which probation client will be reachable, and contact numbers. " 36. Supplement with 56.1 56.2 56.3 56.4, 56.5,, and point as follows: "56.1 probation client (or representative) at the officer's request, submit the documents confirming this rule 56.1. the request referred to in paragraph justification. Officials at these provisions 56.2 54.1 points in due receipt of the application mentioned in their appearance and takes one of the following decisions: 1. allow 56.2 public works at the time not to take; 56.2 2. disallow public works at the time. This provision 56.2 56.3 points in the said decision shall specify: 1. the probation 56.3 name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 2. the departments and officers 56.3, which shall take a decision; 56.3 3. external legislation, part of it, in accordance with that decision. If the officer accepts this 56.4 rule 56.2 1. the decision referred to in the additional provisions referred to in those 56.3 information: 56.4 1. period to which the permission is given does not make a community work; 56.4 2. actions that must be performed by the customer of the probation permission expires. If the officer accepts this 56.5 rule 56.2 decision referred to in point 2, in addition to this provision, the information referred to in paragraph 56.3 points decision the grounds for appeal and the time limit. " 37. Delete paragraph 57. 38. paragraph 58 be expressed as follows: "these regulations 58.56.2 2. officials referred to the decision of the probation clients (or representative) can be challenged within 10 days from the date of notification of the decision by submitting a written application to the Department which made the decision, or Service Manager. If the probation clients (or representative) of the application submitted to the Department, it immediately sends the Service Manager. " 39. To complement the rules with 58.1 58.2 and 58.3 points, as follows: "the head of the service, 58.1 10 days after these regulations referred to in paragraph 58 referral service looking it and adopt one of the following decisions: 1. to maintain the 58.1 officer's decision; 58.1 2. cancel the decision taken by the officials; 3. Cancel 58.1 of the decision taken by the officials and allow public works at the time not to take; 58.1 4. cancel the decision taken by the officials and does not allow public works at the time. This rule 58.1 58.2 points in the said decision shall specify: 1. the probation of 58.2 the customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register; 58.2 2. contested decision and its content; 58.2 3. head of service of the decision, the external legislation, part of it, in accordance with that decision, and the reasons for the decision. If the Service Manager 58.3 adopted this rule 58.1 58.1 2., 3. the decision referred to in addition to this rule 58.2, the information referred to in paragraph indicate that 56.4 56.4.1 and 2 referred to information. " 40. in paragraph 59 of the following expression: ' 59. Officer within three days after the execution of the judicial decision shall draw up a notice of public works (hereinafter referred to as the notice) and one copy of the notice sent to the Court, the other adds a probation case, client by client of the third probation request, issue or send the probation. " 41. in paragraph 62, the following expressions: "62. If the customer with integrity and probation dutifully perform community work and makes no new offences, the officer may submit to the district (municipal) Court a proposal for the public work duration reduction. The proposal shall be accompanied by copies of the documents referred to in it. One copy of the proposal sent to the Court, the other is added to the customer's use of the probation. " 42. To supplement the rules by 62.1 points as follows: "proposal for the public work 62.1 duration reduction indicates that rule 49.1., 30.6 30.7 30.6.,.,.,., and 49.8 30.8. information referred to as well: 62.1 1. external legislation, part of a point or section, which provides for the reduction of the public work; 62.1 2. reasoned request to the Court to reduce the probation client to set the public working hours. " 43. paragraph 63 be expressed as follows: "63. officials shall notify the representative all documents referred to in these provisions, which are communicated to the probation." Prime Minister Māris kučinskis amber Rasnač Minister of Justice in the