Rules On The Evaluation Report Of The Amount Of Information Required And The Dial And A Procedure For The Provision

Original Language Title: Noteikumi par izvērtēšanas ziņojumā iekļaujamās informācijas apjomu un tā sastādīšanas un sniegšanas kārtību

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Cabinet of Ministers Regulations No. 271 in Riga in 2011 on April 5 (Mon. No 22 41. §) rules on the evaluation report of the amount of information required and the procedure for the provision of building and Issued in accordance with the national law of the probation service article 15 the fourth part i. General questions 1. determines the evaluation report of the amount of information required, as well as evaluation of message composition and procedure.
2. the evaluation report shall be drawn up in writing by the Court, the Prosecutor or the penitentiary administration's request.
3. the report of the Assessment by the Court or the Prosecutor's request, the national probation service (hereinafter service) territorial Department under probation declared place of residence of the customer or the Court or the Prosecutor designated residence, if the probation is not declared by the customer.
4. The evaluation report by the penitentiary administration redials service at the request of the territorial unit in whose territory the custodial authority.
5. If the customer of these terms probation 3. evaluation report referred to in paragraph 1 during the dialing change residence or reside outside the declared place of residence, Service Manager or his delegated official shall have the right to review to compose a message to determine the other territorial departments of the service.
6. the activities related to the preparation of evaluation report, officers (hereinafter officials) make the records of the case and of the probation service in the customer's database according to the laws and regulations that govern the use of the probation, the customer's 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. Evaluation report the volume of information to be included in the Evaluation report of 7 upon request of the Court or the Prosecutor shall include information on: 7.1. evaluation report of the applicant (or of the Court Prosecutor's Office indicate the name of the judge or Prosecutor's name, the date of receipt of the request and the number of criminal cases) and the composer (indicate the officers name, position and territorial units of the service name);
7.2. the probation clients (indicate name, surname, personal code, address or declared by a court or Prosecutor's address, if probation client to declare their place of residence);
7.3. the criminal offence for which the indictment brought (description) and the corresponding article of the criminal law, and;
7.4. message composition of evaluation used information sources (indicate the probation, victim and probation victim client and family members, friends of the client, the probation probation customer's employer and other people's name and status in relation to the probation clients (hereinafter referred to as information providers) that can provide information about the client as well as the probation authorities and documents);
7.5. in the present circumstances, the probation client family history and social conditions, education, employment history, income and financial management, interests, hobbies, leisure activities, friends, social circle, behavior, emotional stability, physical and mental health, alcohol, drugs, psychotropic and toxic substance or process (gambling and new technologies), as well as the service's assessment of the conditions that the new criminal offence was committed;
7.6. the affected victim rights or interests and provide them the opportunity of renewal;
7.7. probation for an earlier offence for customers and in the implementation of the penalty (include previous delinquent history, information about the custodial time spent there, previous history of monitoring treatment of previously conducted examining delinquency and the treatment of existing criminal offence).
8. This provision in the evaluation referred to in paragraph 7 of the report of the summary shall contain information concerning the conditions that promote a new criminal offence, resources that promote probation customer integration in society, without making new criminal offences, as well as views on probation or a fine to be determined client probation supervisory duties of the customer, taking into account this provision 7.5., 7.6 and 7.7.
9. The evaluation report by the penitentiary administration's request included information about: 9.1 probation client (indicate name, surname, personal code, the name of the prison, previous convictions, the number of penalties and the residence before parole);
9.2. the criminal offence for which the client is convicted of probation (description) and the relevant criminal law or penal code article, and point;
9.3. the evaluation report of the legatee (indicate the officers name, position and territorial units of the service name);
9.4. evaluation of message composition used in the sources of information (information provider name and status in relation to the probation clients), as well as the names of institutions and documents;
9.5. the place of residence (domicile of the customer indicated probation before incarceration, probation client plans for possible residence after release from prison, the possible social environmental characteristics of residence, as well as assessment of the customer's residence of probation to a selected place of residence may affect the behavior of the client and probation new possibility of the crime);
9.6. education and employment (indicate the probation client education, employment experience, leisure activities before prison, probation client plans for possible employment after his release from prison, confirmatory sources, as well as the service's assessment of the impact of these new areas of the crime and probation customer integration in society);
9.7. behavior, emotional stability and professional assessment of the customer's behavior and probation mindset of the new impact of the crime;
9.8. probation client physical and mental health, alcohol, drugs, psychotropic and toxics use and process (gambling and new technologies) and service assessment of these factors on the new criminal offence was committed;
9.9. probation for an earlier offence for customers and in the implementation of the penalty (indicates previous delinquent history, fine, probation progress client treatment before the delinquency);
9.10. the other relevant circumstances (includes information provided by the victim, the treatment of the probation clients possible supervisory duties and other information about conditions that are not mentioned in the evaluation report sections, but may affect the new possibility of the crime).
10. This provision is referred to in paragraph 9 of the summary evaluation report contains information about the conditions that promote a new criminal offence was committed, and resources that promote probation customer integration in society, without making new criminal offences, as well as views on probation of suitable monitoring customer obligations, taking into account this provision 9.5., 9.6, 9.7, 9.8.., 9.9 and 9.10. section.
III. Evaluation of message composition procedure 11. after received this rule evaluation referred to in paragraph 7 of the report of the inquiry officer not later than three working days: 11.1. probation sends an invitation to the customer by registered mail to the person's place of residence declared, but, if it does not correspond to the actual place of residence, to the Court or the Prosecutor's address, except if the customer is in the probation instead of imprisonment;
11.2. probation sends an invitation to the customer's legal representative by registered mail to the person's place of residence declared, but, if it does not correspond to the actual place of residence, to the Court or the Prosecutor's address, if the customer is a minor probation;
11.3. sends an information request to the public authorities, which can provide important information for the evaluation to compose a message, except when the information is obtained, personally meeting with national or local authorities.
12. The invitation shall: 12.1. probation customer's name, surname and personal code;
12.2. If the customer is a minor probation, probation – legal representative of the client, name, surname and personal code;
12.3. the territorial unit, which should arrive in accordance with the invitation;
12.4. the place and time of arrival;
12.5. officer's name and phone number;
12.6. the arrival of the cause;
12.7. the information that the territorial unit of the service to appear with identity documents.
13. An invitation specified in arrival shall not exceed 10 days after service of the summons in the mail.

14. If the Executive failed to contact the probation service to the customer and the invitation personally, officials that 11.1 and 11.2 referred to actions not taken. Invitation received probation customer confirms with a signature.
15. the probation issue the invitation for the customer to each subsequent appointment. Invitation received probation customer confirms with a signature.
16. The provisions of paragraph 14 and 15 of these conditions also apply to the customer's legal representative of probation, where probation client is a minor.
17. If negotiations with the State or local authority takes personal meeting, the officer shall prepare a description of the conversation. After discussion, the State or local government authority shall present the description of the content of the negotiations. National or local authorities with the signature of a representative shall certify that the information contained in the description is correct and matches the information expressed in the discussions.
18. after received this rule referred to in paragraph 9 of the report of the evaluation request, officers no later than three working days send request for information to State and local authorities, which can provide important information on the evaluation report. Requests not sent, if the information is obtained, personally meeting with national or local authorities. A document of such negotiations in accordance with the rules referred to in paragraph 17.
19. Official checks information about probation clients in Latvia registered personal data processing systems in order to obtain the evaluation report requires reliable information.
20. Official contact with the victim (if you know his contact info) to get information about the victim or the injured legal interests or its renewal option.
21. the Executive is not with the victim, if the Court or the Prosecutor indicated that the meeting with the victim is not desirable, or the officer believes that the discussions with the victim is not appropriate or may have a negative impact on the victim.
22. After the receipt of the rules referred to in paragraph 7 of the report of the evaluation of the request, the officer not later than three working days, send an invitation to a victim (if you know his contact information) by registered mail to the person's place of residence declared, but, if it does not correspond to the actual place of residence, to the Court or Prosecutor of the specified address. If the victim is a minor, an invitation in accordance with the procedure laid down in this paragraph shall also be forwarded to his legal representative. The invitation is not sent if the Executive failed to make contact with the victim and his or her legal representative and issue the invitation personally.
23. The invitation shall: 23.1. the victim's name, surname and personal code;
23.2. If the victim is a minor, his legal representative's name, surname and personal code;
23.3. the territorial Department for appearance;
23.4. place and time of arrival;
14.6. the officers name and telephone number;
14.7. the arrival of the cause;
14.7. information that the territorial unit of the service to appear with identity documents.
24. before the consultation officer the information provider's identity, establishing the exact identity when checking identity documents.
25. If the customer is in the probation instead of imprisonment, as a personal identity compliance assessment report to the person specified in the request is the responsibility of the prison.
26. the Evaluation to compose a message with the probation clients individual negotiations during which prepare talks. After individual negotiations probation customer presents a description of the content of the negotiations. Probation client with signature certifies that the information contained in the description is correct and matches the information expressed in the discussions.
27. the officer in accordance with a written Probation customer information provider, which plans to negotiate the evaluation to compose a message.
28. paragraph 27 of these rules do not apply to an interview with the victim, the victim's family members and the State or local authorities.
29. If the victim is a minor, the personal interview conducted in the presence of a representative of the legal. Personal interview with the juvenile victim out of the presence of a representative of the family courts, if the minor's legal representative: 29.1. is charged with the same criminal proceedings, during which the victim recognized minor;
29.2. in criminal proceedings is not represented by the minor, which was found on the victim;
29.3. may not participate in individual negotiations for well-founded reasons, as well as when you have decided the question of the legal representative is appointed.
30. If the customer is a minor probation a person, with their individual participation in negotiations, legal representative, except when the sole legal representative of the accused at the criminal proceedings is the same, which is charged with minor probation customer, or a legal representative may not participate in individual negotiations for well-founded reasons.
31. The rules referred to in paragraph 30, in exceptional cases, official discussions with a juvenile probation clients out in the presence of a representative of the family courts.
32. If the evaluation of message composition is to decide the question of legal representative is appointed for minor probation customer, individual interviews with juvenile probation clients out in the presence of a representative of the family courts.
33. If the minor probation client legal representative justified reasons may not participate in individual discussions with the probation officer shall inquire of the customer, the customer's legal representative probation views for this rule 7.5. information referred to in point.
34. If minor probation prison is located, the client and his legal representative for justified reasons may not participate in individual discussions with the probation officer shall inquire of the customer, the customer's legal representative of probation's views about the opportunity to interact with the service, if the customer is a conditional probation before released from parole.
35. If the customer is a minor probation person, officer of providers under the bow with the customer's legal representative of probation, except that rule 30 and 32 cases referred to. In such cases, the information officer of the Circle line with the family courts.
36. If the evaluation of message composition during the officer establishes that the minor probation client family or child care institutions conditions adversely affect juvenile, officer immediately, but not later than three working days shall inform in writing the municipal social services and family courts.
37. If the supplier of the information is minor, a personal interview with him conducted legally in the presence of a representative. If the minor information provider's legal representative may not participate in individual negotiations justified reasons or is a State where the issue of the appointment of a representative in the legal, personal interview conducted in the presence of a representative of the family courts.
38. the officials before negotiations shall inform the provider of the information that she provided information will be used in the evaluation report and put to the Court, the Prosecutor or the penitentiary administration.
39. The officer during the negotiation with the information provider shall prepare a description of the conversation. After the information provider present the content of the description of the conversation. Information provider with a signature certifying that the information contained in the description is correct. If the supplier of the information is minor, that the information contained in the description of the conversation is correct, with a signature certifying the minor information provider's legal representative.
40. Discussions with the probation clients located in detention, officers out with the permission of the promoters of the process.
IV. Evaluation reporting arrangements 41. Officer within 15 working days after the rules referred to in paragraph 2 shall be drawn up on receiving the evaluation report and forward it to the Court, the Prosecutor or the penitentiary administration by registered mail, deliver it in person or sent via electronic mail to the appropriate laws and regulations for electronic design, design, storage and circulation of State and local institutions and procedures What happens in the electronic document circulation between State and local authorities.
42. If the Court or the Prosecutor, require the evaluation report on the compose 15 working days in a shorter period of time, the officer shall consider whether such period can get evaluation information required for the message. If the evaluation information to compose a message can get about 15 working days in a shorter period of time, the officer shall draw up an evaluation report. If the evaluation information to compose a message in this time-limit cannot be obtained, the officer will contact the Court or prosecutors and informed of the reasons for which the report of the evaluation is not able to create about 15 working days in a shorter period of time.
43. If the evaluation report, the deadline specified in the request detected more than 15 working days, the officer shall take all appropriate actions to these provisions and about the resulting message actuality make sure 15 working days before the examination of the submission of the report.

44. If the evaluation report is requested again within six months from the previous evaluation message composition, officers can dial up the additions to the evaluation report drawn up above, which describes the current changes.
45. If, following the evaluation report to the Court, Prosecutor or custodial institutions Administration Officer receives information about the probation that affected customer assessment report-service rating, the officer will contact the requestor to agree on a deadline for submitting the supplement. Evaluation report updated information according to these rules.
46. The Court, Prosecutor or custodial Administration submitted a copy of the evaluation report is issued to the customer of the probation service after his written request.
Prime Minister v. dombrovsky Justice Minister a. Štokenberg in

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