Regulations On Custodial Authorities Review The Commission's Composition, Rules Of Procedure And Decision Making Criteria

Original Language Title: Noteikumi par brīvības atņemšanas iestādes izvērtēšanas komisijas sastāvu, darbības kārtību un lēmumu pieņemšanas kritērijiem

Read the untranslated law here: https://www.vestnesis.lv/op/2015/126.7


Cabinet of Ministers Regulations No. 345 in 2015 (30 June. No 30 43) provisions of the penitentiary institutions of the Evaluation Commission, operational procedures and decision making criteria Issued in accordance with the Penal Procedure Code of Latvia in the third paragraph of article 74 i. General questions 1. down custodial institutions the Evaluation Commission (hereinafter the Commission), operational procedures and decision-making criteria. 2. the prison administration chief created the order of the Commission shall consist of voting members shall include the following: 2.1 the President of the Commission – the prisons administration central apparatus officers; 2.2. Commission Vice-Chairman – Chief custodial institutions; 2.3. the members of the Commission-for a convicted resocializācij, monitoring and security penitentiary institutions Department superiors. 3. the meeting of the Advisory Commission of the right to participate in the custodial authority, which has jurisdiction in respect of the sentenced. 4. the meeting of the Commission may participate in the custodial authorities invited the Chief person if they can provide essential information about the sentenced penalty and its results. 5. the Commission shall hold its meetings not less than once a month. 6. The activities of the Commission in accordance with the procedure laid down in these provisions provide the Secretary of the Commission. The Secretary of the Commission is a custodial authority, which has jurisdiction in respect of the sentenced. II. Preparatory Commission hearing 7. a Person sentenced to deprivation of liberty (convict), submitted to the custodial authorities a written application with the Commissioner the request to push the issue for consideration by the Commission at the hearing (hereinafter application): 7.1 convicted defined the parole mode softening; 7.2. the sentenced who has reached 18 years of age, leaving education institution for minors; 7.3. the sentenced who has reached 18 years of age, the move from education institutions for minors to partly closed prison sentence mode of the highest degree. 8. the convict application indicates whether the Commission will participate in the hearing, convicted. If the convict is a foreign national or permanent resident, a stateless person or a person who communicates in sign language, the convict in the application asks permission to participate in the hearing of the Commission of the interpreter, if needed. 9. The Penitentiary Department of the authority responsible for the registration, the application registers the application receiving it sentenced a day. 10. the application shall be referred to the prison authorities to the boss. Chief custodial authority not later than the working day following the receipt of the application, shall be transmitted to the Department the original of the application manager, responsible for the convict records, but a copy of it – the boss in charge of the convicts, and ask to prepare the resocializācij the Commission hearing necessary information. 11. A custodial officer, responsible for tracking convicted, within 10 working days of the receipt of the application form provided on the sentenced imprisonment penalty of execution (hereinafter form) (annex). The form shall be referred to the Commission's Secretary. 12. A custodial officer responsible for resocializācij convicted, within 10 working days of receipt of the copy of the application to ensure the preparation of an assessment of the behavior of the convicted according to the criteria referred to in these provisions (hereinafter referred to as the assessment). The evaluation shall be referred to the Commission's Secretary. 13. If the Commission hearing, the appearance of the convicted given penal regime, custodial authority, which has jurisdiction in respect of the sentenced resocializācij, prepare a report to the Commission on the strengthening of the penal regime according to the enforcement of criminal laws and regulatory proposals for further action in relation to the transfer of the sentenced (hereinafter report). The report shall indicate the nature of the infringement committed, circumstances and convicted the explanations. At the hearing, the Commission examined the question of the specific sentence convicted mode, if the message is submitted to the Commission no later than five working days before the session of the Commission, to ensure convicted of inviting defenders. 14. at the hearing, the Commission examined the question of the penal regime for the determination of the degree of execution of foreign sentences overwhelmed with deprivation of liberty, imprisonment of convicted official of that jurisdiction in respect of the sentenced resocializācij, produced by the Commission proposal on further action in respect of the sentenced. The proposal contains information about a foreign country, and the time spent in custody in Latvia and served part of the sentence according to the Penal Procedure Code of Latvia in the penal regime for grade izciešamaj for fine parts, as well as information on the location during a custodial institution in Latvia infringements. 15. at the hearing, the Commission examined the question of the convicted who has reached 18 years of age, the move from education institutions for minors to partly closed prison sentence mode peak after training institutions for minors administration suggestion, custodial authority, which has jurisdiction in respect of the sentenced resocializācij, produced by the Commission proposal on further action in respect of the sentenced. The proposal shall contain the information about the time spent in custody and served part of the sentence, information on location during educational institution the minor infringements, as well as information on the measures required in the resocializācij execution results. 16. the members of the Commission can be consulted by the Commission on the application and the attached documents. Sentenced the defender in order to prepare for the hearing, the Commission can remotely acquainted with the application and to be defended. 17. not later than 10 working days before the meeting of the Commission, the Secretary of the Commission notifies those convicted of the date and time of the hearing by posting relevant information to those convicted. Convicted, the punishment being served closed or partly closed prison sentence mode for the lowest grade, for the session of the Commission, the date and time shall inform the custodial authority, which has jurisdiction in respect of the sentenced resocializācij. 18. at the hearing, the Commission considered the question of the particular convicted penal regime stepping or sentenced who has reached 18 years of age, the move from education institutions for minors to partly closed prison sentence mode of the highest degree, the custodial authority, which has jurisdiction in respect of the sentenced resocializācij, no later than five working days before the meeting of the Commission shall notify to the Commission the sentenced hearing date and time. 19. each month until the tenth, the Commission Secretary shall inform the members of the Commission and of the person you want on the next month's planned meeting of the Commission. 20. the Secretary of the Commission shall draw up the list of convicted, on which a decision in the next meeting of the Commission, and at least two working days before the Commission's meeting places that list convicted. At the hearing, the Commission will examine the issue of prisoners who suffer penalties in an enclosed or semi-enclosed prison sentence mode for the lowest grade, he shall inform the custodial authority, which has jurisdiction in respect of the sentenced resocializācij, at least two working days before the meeting of the Commission. III. meetings of the Commission process 21. Commission hearing can occur if at least one half of the members of the Commission. 22. at the hearing the Commission chaired by the President or his Deputy, it is not permissible for the Commission to conduct the hearing to ask one of the members of the Commission. 23. the Commission, at the hearing the Chairman of the Commission: 23.1. calls for the convicted to name a name, surname, date of birth, criminal law or penal code article under which the criminal offence was committed, he served a custodial sentence, the sentence of the beginning and end of the term, as well as mention in the nature of the request made in the application; 23.2. calls for custodial authority which has jurisdiction in respect of the sentenced resocializācij, to inform about the information contained in the assessment; 23.3. calls on the Commission to ask questions to the members of the convicted, his Defender, as well as at the custodial authority; 23.4. calls on the Commission to respond to convicted members of the issues and, if looking for a specific question about convicted penal regime stepping or from foreign take over the custodial sentenced leaving penal regime for the lowest grade, calls for clarification of the convicted on the nature of the infringement committed; 14.6. Invites the members of the Commission to vote and decide the appropriate criminal penalties enforcement regulatory laws. 24. at the hearing the Commission shall examine the question of the particular convicted penal regime stepping or minor sentenced movement from correctional institutions for minors to partly closed prison sentence mode higher degree of authority by bringing up minors administration suggestion, or from a foreign country over the imprisonment of convicted penal leaving mode the lowest grade, the matter shall be referred to the launching of this provision, the report referred to in paragraph 13 or 14 or 15 of the proposal referred to in paragraph reading and continue this rule 23.3, 23.4 and 23.5... in accordance with the procedure laid down in point. 25. If the members of the Commission the decision requires additional information, the Commission may examine at the hearing also convicted person in the existing documents. 26. the Commission's decisions are taken by simple majority, vote. To abstain from voting. If the votes are divided into equal, casting is the head of the Commission meeting. The results of the vote indicates the minutes of the hearing of the Commission. 27. The decision of the Commission at the hearing the Commission shall notify the convicted and explaining their rights to lodge a complaint against this decision according to the Penal Procedure Code of Latvia in particular. 28. the Commission shall be recorded in the Secretary of the Commission. 29. the Secretary of the Commission within five working days after the meeting of the Commission to draw up: 29.1. the minutes of the proceedings of the Commission, signed by the President and the Secretary of the Commission; 29.2. the decision of the Commission, in duplicate, one copy for the convicted, the other copy of the application and these rules 11, 12, 13 and 14 of the document referred to in point place the convicted person. IV. the Commission's decision-making criteria 30. Deciding on the particular convicted penal regime stepping in to take over from foreign or imprisonment sentenced to penal leaving mode the lowest grade, the Commission shall take into account the sentence mode of the breach nature of requirements. 31. This provision 7. in the cases referred to in point based on the form and the information contained in the evaluation, the Commission shall assess the behaviour of the sentenced imprisonment institution according to the following criteria: 19.3. sentenced participation in employment, education, psychological care, social problem solving, and leisure activities in a custodial institution and the results achieved; 31.2. the findings of the convicted penal treatment violations, their nature; 31.3. other information that describes the behavior of the convicted and the resocializācij plan implementation of the measures laid down in a custodial institution. 32. If the penalty of penal treatment violation has passed the Latvian penal procedure code in the fourth paragraph of article 50.3 at the specified time or the convicted is appropriate encouragement-to recognize appropriate convicted Latvian penal procedure code in the fourth paragraph of article 50.3 said conditions before the expiry of the period laid down therein, the Commission assessed not penal treatment, for which the penalty is applied. If these irregularities provide relevant information, the Commission shall assess the validity of the relevant sentences only, and how these violations represents a person in General. Commission decision on individual base that assessment of need and decision. This assessment and the reasoning of the Commission separately the minutes of the hearing. V. concluding questions 33. Be declared unenforceable in the Cabinet's 31 March 2009 No. 282 of the rules "rules for the operating procedures of the Administrative Commission and the decision-making criteria" (Latvian journal, 2009, no. 53). 34. The rules referred to in point 12 of the evaluation form and filling out the methodology approved by the prison administration chief. 35. the rules shall enter into force on July 1, 2015. The Prime Minister is the Minister of Justice of Rashness Newsletters amber Rasnač annex Cabinet 30 June 2015 by Regulation No 345 information on custodial penalty progress i. General convicted, identity number, (name) ____ ____ ____ ____ ____ ____ ____ ____ _____ Court sentenced __ _____. year __ ____ ____ ____ ____ ____ ____ by the criminal law of ___. Article ___ ____ part of ______. point; _______. Article ___ ____ part of ______. point; _______. Article ___ ____ part of ______. point; _______. Article ___ ____ part of ______. point to imprisonment for _____ year _____ month _____ ____ ____ days. The verdict entered into legal force in the _____ and _____. gada _____________________________. A fine start for ________. gada _________________________________________. Soda expiration date __________. gada _________________________________________. II. The sentenced execution progression mode grade 1. Execution mode softening: 1.1. entering the closed prison sentence can be moved to a decision on the relocation accepted 1.1.1. The average level of the regime after _____ _____ _____ _____ (date) (indicates) 1.1.2. The higher the degree of the regime after _____ _____ _____ _____ (date) (indicates) 1.1.3. Partly closed prison to the highest degree the regime after _____ _____ _____ _____ (date) (specify) 1.2. starting a sentence in the closed part of the jail can move to a decision on the relocation accepted 1.2.1. The higher the degree of the regime after _____ _____ _____ _____ (date) (indicates) 1.2.2. The open prison after _____ _____ _____ _____ (date) (specify) 2. Execution mode hardening decision on transfers: 2.1. From a closed prison to the highest degree in a closed regime prisons average mode of ____ ____ ____ ____ _____ (date) 2.2. From a closed prison regime on the average degree of a closed prison regime and the lower grade _____ _____ _____ _____ (date) 2.3. From the partially closed prison on the degree of higher mode partially closed the prison regime and the lowest degree of _____ _____ _____ _____ (date) 2.4. From the partially closed prison regime on the lower level of the closed prison regime and the lowest degree of _____ _____ _____ _____ (date) 2.5. From the open prison to a closed prison in part to the highest degree the regime _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (date) 3. Execution mode for the upbringing of minors the authority decision on leaving or moving: 3.1. Leave the education institution for minors up to the end of the school year or the penalty expires, but not longer than until 25 years of age ____ ____ ____ ____ _____ (date) 3.2. Leave convict who has reached the age of 25 years, correctional institution for minors up to the end of the school year _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (date) 3.3. From education institutions for minors to partially closed prison regime in the highest degree ____ ____ ____ ____ _____ (date) records of the convicted officers conclusion: Officer (name) (signature) 20 ___ of _____. ___ ___ ___ ___ ___ convicted records part of the responsible Commissioner (name) (signature) 20 ___ of __ ___. _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Minister of Justice Rasnač in amber