Postpenitenciār Assistance And Reception Arrangements

Original Language Title: Postpenitenciārās palīdzības sniegšanas un saņemšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/167541

Cabinet of Ministers Regulations No 823 in Riga in 2007 (4 December. No 12. § 68) Postpenitenciār assistance and receiving order Issued in accordance with the national Probation Service Act article 14, sixth part i. General questions 1. determines the order in which the national probation service (hereinafter service) provides probation and the client receives the assistance postpenitenciār (help). 2. Purpose of the aid is to achieve a successful probation customer integration in society after release from prison authorities. 3. the service provides the following: 3.1 develop customer capacity to probation to integrate into society;
3.2. maintain links between customers and institutions of probation (people) involved in the integration of the customer's probation issues;
3.3. offer probation customer to use social rehabilitation service. 4. The provision of assistance to ensure its territorial unit of service (hereinafter Service Department), where the area is in the customer's place of residence or of the probation which administrative territory of probation client lived before the sentencing. 5. the assistance process, postpenitenciār-aid plan execution conditions and violations of probation officers noted in the case of the client and service database by post under the laws and regulations governing customer's use of the probation, design, transfer, termination, renewal and retention procedures. II. Organization of the assistance procedure 6. the head of the Department on the basis of the penitentiary institutions, ensure service department officials meeting with each sentenced three to six months before the release of the convicted in custodial institutions. 7. the Divisional Officer with the convicts and provide information about services and service offered assistance. Each meeting Services Department officials prepare a description of the call sign Executive and convicted. 8. If the conversation with convicted or probation clients need an interpreter, ask an interpreter service. Expenditure on interpreting services shall be borne by the Department. 9. If a convict seeking service offered assistance, it shall submit a written application at the service unit, which operates within the territory of the penitentiary in which the sentence of the convicted. 10. If a person released from prison authorities, seeking professional help offered, it shall submit a written application in any service business unit. 11. the service unit officer decides to close with the probation agreement for the customer (hereinafter referred to as the agreement). 12. the decision on refusal to conclude an agreement adopted Service Department Manager. Decision shall be made pursuant to the administrative procedure law and registered letter sent to the applicant. The decision on the refusal to conclude an agreement may be challenged, by the head of the service application. Head of service may appeal to the Court of Justice of the administrative procedure law. 13. the agreement (annex) shall be drawn up in duplicate and signed by an official of the Department of the service and the person who wishes to receive services. One copy shall be issued by the client personally, probation a second copy to place the client in the case of probation. 14. Agreement terminated if: 14.1. customer applied probation to a security measure related to deprivation of liberty (agreement may not stop with Service Unit Manager);
14.2. at the conclusion of the agreement in a custodial institution probation client released from parole and probation before the monitoring by the Court due in less than six months. 15. the agreement is renewed if: 15.1 of the probation the customer security feature that is associated with the deprivation of liberty, are amended;
15.2. the conclusion of the agreement in a custodial institution probation client released from parole and probation before the monitoring by the court deadline has passed. 16. Agreement terminates if: 16.1. the entry into force of a court judgment by which the probation penalty for the customer associated with imprisonment;
16.2. the entry into force of a court judgment by which the probation clients suitable conditional punishment;
16.3. the entry into force of the statement of the Prosecutor;
16.4 the customer a written Probation expresses its wish to terminate the agreement;
16.5. the probation the customer fails to fulfil this provision, 15.0 15.0 15.1, 15.2, and 15.2. duties referred to below and a month from the date of dispatch of the warning has not appeared in the departments of the service;
16.6. the probation clients repeatedly fail this rule 24.6. the obligation referred to in point. 17. the agreement shall terminate if: 17.1. postpenitenciār-aid plan set objectives have been achieved, tasks fulfilled and probation customer agrees to terminate the agreement;
17.2. the conclusion of the agreement in a custodial institution probation client released from parole and probation before the monitoring by the court deadline is longer than six months;
17.3. from the date of entry into force of the agreement have passed the national probation service's statutory duration of the arrangement. 18. the service unit officer within three working days after the receipt of the relevant information, prepare a decision on the suspension of the agreement, termination, termination or renewal. 19. This provision of the decision referred to in paragraph 18 shall be drawn up in duplicate and signed by the head of Department of the service. One copy shall be issued by the probation against the customer personally or sent by registered letter to the post, the other copy in the probation case. customers 20. The decision on the termination of the arrangement or termination of probation, the customer may be challenged, by the head of the service application. Head of service may appeal to the Court of Justice of the administrative procedure law. 21. If the customer is a minor probation person, service unit officers are obliged to receive a legal representative for the written consent to the agreement, the decision on the suspension of the agreement, termination, termination or renewal. 22. If the minor's legal representative does not agree to sign the agreement, the decision on the breakage, termination or renewal, the Service Department asking for family courts to protect the minor's interests and rights. III. the probation service and the customer's cooperation in organizing the assistance service department 23 officers, who runs the Affairs of the probation clients (hereinafter the client's case manager), the provision of assistance has the following responsibilities: 23.1. together with the customer to make a postpenitenciār probation assistance plan (no later than 10 days from the date of entry into force of the agreement);
23.2. If necessary, make amendments to the plan of assistance in postpenitenciār;
23.3. to inform the customer of his probation and the rights and obligations of the service;
23.4. to provide the client with a written Probation information about postpenitenciār help tasks provided for in the plan;
14.6. to agree with probation for each client the next time and place of the meeting;
14.7. to coordinate and monitor the progress of the process, as well as within the limits of its competence to give probation customer will need support and assistance;
23.7. in accordance with the plan of assistance postpenitenciār specific tasks to offer probation customer social rehabilitation services or other assistance. 24. the probation customer assistance has the following responsibilities: to attend the service in 10.24 working days after release from prison authorities, if the agreement was entered into a custodial institution;
24.2. engage and participate in solving problems in accordance with the plan of assistance postpenitenciār;
24.3. to provide officers with false information that may influence the probation customer integration in society;
15.2. a meeting to attend or present at the time, if this is not possible, the time to inform the client about the absence of case managers;
15.2. to respect the social rehabilitation service provider-defined internal rules;

24.6. on arrival in the Service Department, probation clients must be alcohol, the illicit manufacture of narcotic drugs or psychotropic substances under the influence. 25. the service unit officer assisting during each meeting with the probation clients prepare a description of the call sign of the probation officer and the client. 26. in order to ensure the quality of the customer of the probation assistance service may be the spur the rolling himself a voluntary probation worker. Service with a voluntary probation worker participation agreement concluded. IV. Social rehabilitation service delivery arrangements 27. in order to facilitate the customer's successful probation into society after release from prison authorities, the service provides a consistent social rehabilitation service. 28. If the probation the customer agrees to use the social rehabilitation service you, the customer shall assign the case to the head of the probation clients at social rehabilitation service provider. 29. the assignment at the social rehabilitation service provider (hereinafter referred to as the order) shall be drawn up in duplicate and signed by the head of Department of the service. One copy shall be issued by the client personally, probation a second copy to place the client in the case of probation. 30. the Assignment indicates: 30.1. probation customer's name;
30.2. the social rehabilitation service provider's name and address;
30.3. the expected social rehabilitation service delivery. 31. the probation to posting copies of the customer that placed the probation in the case, with the customer, certify that the assignment is received and to accept the use of social rehabilitation services. 32. The client's case manager, who commanded probation client to social rehabilitation service provider: 32.1. probation issued customer assignment;
32.2. sent by registered mail (not later than five working days before the arrival of the client at the probation social rehabilitation service provider) social rehabilitation service provider notice of probation client posting at social rehabilitation service provider (hereinafter the notice), probation and risk the customer needs assessment, postpenitenciār-aid plan and a copy of the questionnaire;
32.3. the probation placed on the client a copy of the assignment. 33. social rehabilitation service provider within 10 working days from the arrival day of the probation clients social rehabilitation service institutions in line with the customer's use of customer's social rehabilitation, probation plan. 34. If the customer is not the probation come to social rehabilitation service provider on the day specified in the notice, the social rehabilitation service provider or his authorized person per working days inform the client of the case managers. 35. If the customer is absent the probation period fixed at social rehabilitation service provider for good reasons and not abandon the social rehabilitation service, client case manager: 21.8. coordinate with social rehabilitation service provider or his authorised person probation customer arrival date;
35.2. take appropriate changes to help plan. 36. the service provides probation client running into at the social rehabilitation service provider, if the customer is not subject to probation funding. 37. If the customer is absent the probation period fixed at social rehabilitation service provider and do not want to use the social rehabilitation service, client case manager shall make appropriate changes to help plan. 38. the probation of the client may be excluded from the social rehabilitation service institutions only after coordination with the client's case manager. 39. the customer may refuse Probation from further social rehabilitation service, written notice of social rehabilitation service provider and client case manager. 40. If you receive inappropriate social rehabilitation service or social rehabilitation service, probation revoked the award customer service supervisor may submit the application. Head of service may appeal to the Court of Justice of the administrative procedure law. 41. If the customer refuses the probation from further social rehabilitation service or is excluded from the institutions of social rehabilitation service, client case manager shall make appropriate changes to help plan. 42. client Affairs Manager at least once a month, contact the probation clients in social rehabilitation service institutions, and assess the social rehabilitation service compliance assistance plan postpenitenciār objectives. 43. If it is found that the proposed social rehabilitation service does not promote postpenitenciār help plan set objectives, client manager of the case, in agreement with the customer, the probation may stop providing social rehabilitation services. About performs the corresponding changes in the plan of assistance postpenitenciār. 44. Finally, the social probation rehabilitation, social rehabilitation service provider client case manager provides opinion on probation progress of social rehabilitation of a client process. Prime Minister a. Halloween Justice Minister g. Smith attachment Cabinet 4 December 2007 regulations No 823 Justice Minister g. Smith