Conditionally Sentenced, Tentatively Before The Term Of Parole Released And Conditionally Released Persons From Criminal Responsibility Of Monitoring Arrangements

Original Language Title: Nosacīti notiesāto, nosacīti pirms termiņa no soda izciešanas atbrīvoto personu un nosacīti no kriminālatbildības atbrīvoto personu uzraudzības kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/167189

Cabinet of Ministers Regulations No. 804 in 2007 on 27 November (pr. No 66 17. §) conditionally sentenced, tentatively before the term of parole and conditional release from criminal responsibility persons released surveillance procedure issued under the public service Act, a probation article 11 i. General questions 1. determines the order in which the national probation service (hereinafter service) performs relatively sentenced, tentatively before the term of parole release, as well as of persons conditionally released persons from criminal responsibility. 2. The purpose of surveillance is to prevent repeated offences, motivating conditionally sentenced, tentatively before the term of parole released and conditionally released persons from criminal responsibility to comply with the generally accepted social, moral and legal rules and statutory or court or the Prosecutor's obligation to follow. 3. Monitoring shall be carried out in the territorial unit of the service according to conditionally sentenced, tentatively before the term of parole or conditional release from criminal responsibility persons declared exempt neighborhood or the Court or the Prosecutor established neighborhood, where that person is not a declared place of residence. 4. If convicted, relatively limited before the term of parole or conditional release from criminal responsibility a person exempted change residence or checks or not served during the penalty portion reside outside the declared place of residence, Service Manager or his or her delegated authority, on the basis of the application, the person has the right to determine the territorial departments of other service monitoring. 5. the officers of the activities related to the supervision of the probation shall record the client's case and service database according to the laws and regulations governing customer's use of the probation, design, termination, renewal and retention procedures and information to be included in the database, as well as the inclusion and use of the information. II. Conditionally sentenced and relatively early from parole supervision of persons released organizing 6. Conditionally Sentenced or conditionally before the term of parole released person arriving to register the territorial unit of the service regulations for the execution of criminal penalties prescribed time and present a passport or other identity documents. 7. Officers: 7.1 that conditionally sentenced or conditionally before the term of parole released the identity of the person;
7.2. registered conditionally sentenced or conditionally before the term of parole released person;
7.3. photograph taken conditionally sentenced or conditionally before the term of parole released person;
7.4. explain the nature of the Court's ruling conditionally sentenced or conditionally before the term of parole release party;
7.5 explain relatively convicted or relatively early from parole released persons rights and obligations. 8. Conditionally Sentenced or conditionally before the term of parole released person signs the proof mentioned in the criminal enforcement and regulatory law the obligations laid down in the Court's judgment, as well as indicate the address, in which she agrees to receive correspondence addressed to it. 9. the certificate shall be drawn up in two copies. One copy shall be issued by the convicted or conditional probation before the term of parole release party and second placed probation customer case. 10. For each of the next appointment time conditionally sentenced or conditionally before the term of parole release party for issue the invitation. The person receiving the invitation confirms with a signature. 11. The invitation shall: 11.1. conditionally sentenced or conditionally before the term of parole released the person's name and surname;
11.2. the territorial unit in which the convicted or conditional probation before the term of parole release of the person to arrive;
11.3. the place and time of arrival;
11.4. the officer's name;
11.5. the possible consequences of absence. 12. the convicted or conditional probation before the term of parole release party invitation sent by registered mail if: 12.1. conditionally sentenced or conditionally before the term of parole released person refuses to sign to acknowledge receipt of an invitation;
12.2. conditionally sentenced or conditionally before the term of parole released person fails to appear in the territorial Department for good reason. 13. all these provisions provided for recorded mail shall be deemed received on the seventh day following the transfer of mail. If in doubt about the shipment, authorities must prove that the shipment is transferred to the post office. If convicted, the relatively limited before the term of parole or conditional release from criminal responsibility persons exempted argues that his post the shipment is received, she should be given a good reason why she could not receive the shipment. 14. the officers of the convicted or conditional probation before the term of parole release party draw up a supervision plan. Monitoring plan can be executed, if not from the officers due to reasons from the first meeting with the probation or conditional convicted before the term of parole released to persons or served during the sentencing part of the deadline is left less than two months, and if the person does not appear for the territorial departments of the service within the time specified by the officer and thus it is not possible to involve him in the supervisory plan. The monitoring plan shall contain information on: 14.1 monitoring purposes;

14.2. measures necessary to achieve the objectives of the monitoring. 15. Conditionally Sentenced or conditionally before the term of parole released person presented the monitoring plan drawn up, and the person signing it. 16. The monitoring plan shall be drawn up in duplicate. One copy shall be issued by the convicted or conditional probation before the term of parole release party and second placed probation customer case. 17. the officer not less frequently than once every six months to review the monitoring plan. If the monitoring plan amended, conditionally sentenced or conditionally before the term of parole released persons with those present. With the signature of the person certifying that he has read the amendments. 18. Surveillance, officers: 18.1. discussion and motivates conditionally sentenced or conditionally before the term of parole released persons to comply with the generally accepted social, moral and legal rules;
18.2. appropriate competency provides support and advise the conditionally sentenced or conditionally before the term of parole released their social issues;
18.3. assess and designate conditionally sentenced or conditionally before the term of parole released persons in a particular probation program, if such obligation imposed on her or if she willingly consented to participate in probation programme;
18.4. controls how relatively sentenced or conditionally before the term of parole released person fulfils the criminal sanctions enforcement Act regulatory and court ruling obligations;
18.5. examine and explain the monitoring issues;
18.6. the decision on the permit for departure outside the residence for more than 15 days;
18.7. test information on convicted or conditional probation before the term of parole released persons registered in the Republic of Latvia of the personal data processing systems, to establish the Commission of a criminal offence, the causes and the repeated Commission of a criminal offence, the risks, as well as to comply with the obligations imposed by the Court. 19. In agreement with the conditionally sentenced or conditionally before the term of parole officers exempted person down the appointments, the territorial Department of the service time of the examination or the part of the sentence served during workdays from 8.00 a.m. until 21.00 o'clock. 20. Submission with a request to allow the running away from home for more than 15 days for conditionally sentenced or conditionally before the term of parole released person written by the territorial Department of the service, 15 days before the scheduled departure. The application shall state: 20.1. departure destination, time and space;
20.2. the return date. 21. If conditionally sentenced or conditionally before the term of parole released person check out outside the residence for a period longer than 15 days, the threat to public safety or to promote a new criminal offence committed or statutory or judicial obligation execution becomes impossible, the officers shall take a decision not to allow the person to leave outside the residence. 22. the decision be in writing and given to the convicted or conditional probation before the term of parole released person personally or sent by registered mail to the address indicated by the person referred to under point 8 of these rules. 23. the convicted or conditional probation before the term of parole released person shall have the right within 30 days of receipt of the decision to challenge it by submitting application to the Service Manager. Head of service may appeal to the administrative procedure law. 24. For residence, employment or educational exchange conditionally sentenced or conditionally before the term of parole release party in writing notify the service immediately, but not later than within five working days of residence, workplace or educational institutions and indicates the following: 24.1. new address of the place of residence, if the change of residence;
24.2. the new business name, address and employer contact information if you change jobs;
24.3. the new educational institution name and address if a change in an educational institution. III. the obligation of a court enforcement order 25. If the Court sentenced or conditionally before expiry of conditional parole release party imposed the obligation within the time limits laid down to prevent injury or to apologize to the victim, officers in contact with the victim or his legal representative to find out if the sentenced or conditionally relatively early from parole release has prevented injury or apologized. 26. If the damage is associated with the specific amounts of money, conditionally sentenced or conditionally before the term of parole released person shall submit proof of payment to one of the officers work day after court ruling deadline or if the Court ruling does not set a time limit for damages, or served during the test part of the fine. 27. If the damage is not associated with a specific amount of money conditionally sentenced, or conditionally before the term of parole release without delay, but not later than the time of the inspection, or not penalty part of the time served on the last day of the inform officers on duty. Officers, if necessary, contact the victim or his legal representative and make sure that the relevant obligation. 28. If the Court conditionally sentenced or conditionally before the term of parole released person imposed the obligation not to change his residence without the consent of the authorities, sentenced or conditionally before expiry of conditional parole release party not later than 30 days before the scheduled change of residence shall be submitted to the territorial unit of the service application with a request to allow a change of residence. The application shall state: 28.1. change of residence;

28.2. the address to which conditionally sentenced or conditionally before the term of parole released person planning to move. 29. by paragraph 28 of these rules in due receipt of the application referred to in the service's official ascertained the relevance of the information on the actual situation, within 15 days after receipt of the application, shall take a decision and shall notify in writing to the convicted or conditional conditional early release from a sentence of the person. 30. The decision taken arbitrarily sentenced or conditionally before the term of parole released person served personally (the receipt of the decision, the person certifies by signature) or sent by registered mail. 31. If conditionally sentenced or conditionally before the term of parole released change of residence of the person threatened or statutory duties imposed upon the Court or their performance becomes impossible, the officers shall take a reasoned decision not to allow the convicted or conditional probation before the term of parole released person to change residence. 32. the convicted or conditional probation before the term of parole released person shall have the right within 30 days of receipt of the decision to challenge it by submitting application to the Service Manager. Head of service may appeal to the administrative procedure law. 33. If the convicted or conditional probation before the term of parole released person the Court has imposed this provision the obligation referred to in paragraph 28, but force majeure circumstances can a person change his residence without delay, but no later than three working days notify the Department. 34. If the Court conditionally sentenced or conditionally before the term of parole release party with her obligation to participate in probation programme under the Department's instructions, the officers shall evaluate participation possible. If officers acknowledges that a certain degree of sentenced or conditionally before the term of parole released personal problems can be tackled using the probation program officer designate conditionally sentenced or conditionally before the term of parole release parties for participation in the programme shall be drawn up of the probation and the class schedule. 35. the officers of the present conditional or conditionally sentenced before the term of parole released persons with underlying lesson schedule and assignments. With the signature of the person certifying that he has read the class schedule and assignments. 36. Conditionally Sentenced or conditionally before the term of parole released person attending probation programs lessons according to the officers, the lesson schedule drawn up actively in the probation, the probation programs implementing internal rules and fulfill the probation requirements. 37. Conditionally Sentenced or conditionally before the term of parole released persons on probation in the absence of the practice without justification, the probation program for jamming, as well as alcohol, narcotic, psychotropic or toxic substances, if it finds laws on alcohol, narcotic, psychotropic or toxic substances control in order to be considered as a breach of the obligation imposed on the Court. 38. If the Court conditionally sentenced or conditionally before the term of parole released her obligation person at a specific time to be in her place of residence, the person has a duty to prevent possible obstacles that could hinder the officers to access the residence within the time specified by the Court. 39. any conditionally sentenced or conditionally before the term of parole released personal acts or omissions that preclude the officers to ensure that the person being in the residence, considered to be the obligation of the Court. 40. If the Court conditionally sentenced or conditionally before the term of parole release party with her obligation to seek treatment from alcoholism, drug abuse or toksikomānij and his treatment in State medical institution, she submitted to the officers of the State medical inquiries from institutions that certify treatment initiation and completion. IV. Conditionally exempted from criminal responsibility a person organising supervision 41. Conditionally exempt a person from criminal responsibility, if the Prosecutor has his obligations under these rules organise chapter II, with the exception of 18.6 points, below 20, 21, 22, 23 and 24. 42. If the public prosecutor from the criminal-liability conditionally exempt person is not wearing his responsibilities, officers from criminal liability the conditionally exempt person sends an informative letter. The letter indicates: 42.1. the rights and obligations of the person during the examination;
26.2. the central authorities;
26.3. the officers name and contact telephone number;

26.3. the legal consequences that occur when relatively free from criminal responsibility a person commit a new intentional criminal offence. 43. the officers of the three working days after receipt of the decision of the public prosecutor for criminal liability for the conditional release of the person for whom the Prosecutor with his duties, sent an invitation to attend a service at a specific time in the territorial unit. V. the Prosecutor's obligation execution order 44. Conditionally exempt from criminal responsibility persons of duties and control shall be in accordance with Chapter III of these regulations, except paragraph 38 and 39. 45. If the public prosecutor from the criminal-liability conditionally exempt person with obligations to periodically register service territorial unit, officers for each subsequent appointments are relatively released from criminal liability the person issuing the invitation. The person receiving the invitation confirms with a signature. 46. If the public prosecutor from the criminal-liability conditionally exempt person with obligations to refrain from a certain action or occupation, and officers of the Prosecutor's decision is found in breach of the obligation, the officer was acting in accordance with the provisions of Chapter VI. Vi. Conduct surveillance to infringements of the provisions of 47. If conditionally sentenced or conditionally before the term of parole release party regulations on the execution of criminal penalties fail to appear before the territorial unit, officers shall send the invitation to the person by registered mail to the declared place of residence, but if it does not correspond to the actual place of residence, including to the specified address. 48. If conditionally exempt from criminal responsibility a person does not appear in the territorial unit of 45 of these rules with the invitation in the specified time, the officers dispatched to the residence of the person declared repeated the invitation, but if it does not match the actual residence, also to the Prosecutor at the address. 49. If convicted, relatively limited before the term of parole or conditional release from criminal responsibility a person exempted this rule 47 or 48 in the invitation referred to in paragraph specified time not a territorial unit, service officers sent her a warning by registered letter to the declared place of residence, but if it does not correspond to the actual place of residence, to the Court or Prosecutor of the specified address. 50. The seventh day after the transfer of the mail alert is considered that the deficits are convicted, off tentatively before the term of parole or conditional release from criminal responsibility a person exempted has been advised. 51. The alert specifies the period within which the convicted conditionally, relatively early from parole or conditional release from criminal liability release party to attend the service in the territorial unit. If the notice is sent by mail, the arrival period must not be less than 10 days after it was sent. 52. If the time limit referred to in the conditionally sentenced conditionally before the term of parole or conditional release from criminal responsibility a person released fails to register the territorial unit of the service and shall have 30 days following dispatch of the notice is not submitted supporting documents, the officers shall send the application to the Court for judgment or penalty prescribed in the penal enforcement of the part of the report or the Prosecutor on the criminal proceedings. 53. If officers find that conditionally sentenced or conditionally before the term of parole released a person is the place where she and a court ruling is prohibited, or is not in a location where, in accordance with the Court's ruling must be in the specified time, the officers shall be established by the Act on the obligation of the Court for non-compliance. 54. for each statutory or court ruling or decision of the public prosecutor of default obligations, as well as the infringement of administrative factual conditionally sentenced, tentatively before the term of parole or conditional release from criminal responsibility a person exempted officers to provide written explanation. 55. If convicted, relatively limited before the term of parole or conditional release from criminal responsibility a person exempted without justification does not comply with the law or other court order, or the Prosecutor's obligations laid down in the decision, the officers warned in writing about the obligations of persons not fulfilling the legal consequences. 56. If a warning is issued to the person sentenced in the relatively limited before the term of parole or conditional release from criminal responsibility a person exempted alert acknowledgement of receipt with a signature. 57. If convicted, relatively limited before the term of parole or conditional release from criminal responsibility released person refuses to sign the warning, the officers she sends an alert via registered mail to the address indicated by the person pursuant to paragraph 9 of these regulations. 58. If convicted, relatively limited before the term of parole or conditional release from criminal responsibility a person shall not be taken into account in the free officers warning has provided documents that justify the law or the Court or the Prosecutor's obligation, not officers shall take one of the following decisions: 58.1. repeatedly warn conditionally sentenced, tentatively before the term of parole or conditional release from criminal responsibility persons released;
58.2. prepare and send the application to the Court with a request to cancel the conditional sentencing and execute judgment, the set fines or probation be extended relatively to the person convicted;
58.3. prepare and send the application to the Court with a request not to run in the part of the sentence served before expiry of conditional parole release party;
58.4. prepare and send the public prosecutor's application for renewal of a criminal proceedings conditionally exempt from criminal liability. 59. In adopting one of these rules the decision referred to in paragraph 58, the officers shall comply with the following criteria: 59.1. or statutory or court or Prosecutor of the obligation to fulfil is not justifiable reason;
59.2. or statutory or court or Prosecutor of the obligation to comply undermines society or the victim's safety.
59.3. a criminal offence for which a conditional early release from a sentence of a person convicted is heavy or particularly serious;

59.4. previous convictions count, especially if the criminal offence was violent;
59.5. conditionally sentenced, tentatively before the term of parole released and conditionally exempt from criminal responsibility a person's attitude to the criminal offence and the desire to cooperate with the authorities in solving problems;
59.6. number of warnings issued and change behaviour after warnings. VII. A juvenile conditionally sentenced, tentatively before the term of parole and conditional release from criminal responsibility released surveillance 60. Juvenile conditionally sentenced, tentatively before the term of parole released and conditionally released persons from criminal responsibility (hereinafter minor) surveillance shall be carried out in accordance with the procedure laid down in these rules, subject to the exceptions mentioned in this chapter. 61. The minor first comes to register the territorial unit of the service with one of the parents or other legal representative (CA-representative there). 62. This rule 7.4 and 7.5. the activities referred to in point officers carried out in the presence of a representative. 63. This provision of the proof referred to in paragraph 9 shall be signed by the minor and representative. 64. If minor arrives in the territorial unit of the service without a representative, this rule 7.4 and 7.5. information referred to in point officers shall send the agent by registered letter and inform the family courts. 65. in making the minor monitoring plan, officers shall take into account the local behavior of the minor's social adjustment and social assistance programs. 66. the representative of the officer present with minor monitoring drawn up plan, and representative to certify that is familiar with it. 67. If minor arrives in the territorial unit, composed of the representatives of the free monitoring plan officers shall send the agent by registered letter. 68. If the minor oversight, service officer establishes that the minor's family circumstances adversely affect minors and hinders to fulfil the law or court order, or the Prosecutor's obligations laid down in the decision, the officers shall inform in writing the municipal social services and family courts. 69. Warning for supervisory violations shall be sent to the minors and representative. VIII. Closing question 70. Regulations shall enter into force by 1 January 2008. Prime Minister a. Halloween Justice Minister g. Smith