The Order In Which The National Probation Service Organizes Educative Nature Coercive Measures-Community Work – Performance

Original Language Title: Kārtība, kādā Valsts probācijas dienests organizē audzinoša rakstura piespiedu līdzekļa – sabiedriskais darbs – izpildi

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cabinet of Ministers Regulations No. 711 in Riga on august 3, 2010 (pr. No 40. § 18) the order in which the national probation service organizes educative nature coercive measures-community service-execution Issued in accordance with the law "about the empowering nature of coercive measures for children" 11. the third paragraph of article i. General questions 1. educative nature determines the coercive measures-community service (community service) – the organisation of enforcement procedures.
2. Persons with the appropriate court order community service (hereinafter referred to as probation client), employing the State or local government bodies, corporations, agencies, associations, foundations and religious organizations (hereinafter called the employer), with which the national probation service (hereinafter service) has entered into a contract for the employment of the probation clients in public work.
3. the implementation of the public works Department organizes the labour legal relations regulating laws, which determines the conditions of the work breaks, prohibitions and restrictions in so far as these provisions do not stipulate otherwise, as well as regulating the labour protection laws and regulations that govern the application of public works for children.
II. the public performance of the organisation 4. Public performance, organizing its territorial unit of service (hereinafter referred to as the Department), where the area is in the probation declared residence customers.
5. If the customer has declared the probation residence and additional address or if the place of residence declared void or not declared place of residence, probation or his parents or other legal representatives (hereinafter referred to as the representative) indicate in writing their residence in the territory of which he undertakes to carry out community work, and address, in which he undertakes to receive correspondence addressed to himself.
6. If the customer public probation work progresses, resident outside the declared place of residence, public performance organized by other departments based on probation or his representative of the client application.
7. Information on the public performance of the officers of the Organization (hereinafter officials) indicate the probation service the client and in the database (the database) by post under 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.
8. Seven working days after the date of entry into force of the judgment of the customer to whom the probation appropriate for community work, to attend the service to log on to public works. For minor probation service should arrive to the customer together with the representative.
9. If on the day when the customer arrives at the probation to apply for the execution of public works, the court order has not yet entered into force or have been received for the performance of the officer issuing the probation customer summons to Department officials, on the given date. This invitation received probation customer represents.
10. The invitation shall: 10.1 probation customer's name, surname, personal code, or messages that help to identify the person, if the person is not registered in the population register;
10.2. the Probation Department to attend to the customer;
10.3. the date and time when the Probation Department to attend to the customer;
10.4. the officials to which customer must appear before probation;
10.5. the officer's phone number;
10.6. the invitation;
10.7. the possible consequences of absence.
11. If minor probation client has arrived to log service independently, without a representative, the Department will continue implementation of the ruling and probation issued summons to client department officials date specified, together with the representative. The invitation shall indicate in this provision the information referred to in paragraph 10. The officer ascertained the cause of absence of the representative. If found that the representative avoids the arrival service, the officer shall inform the family courts.
12. Probation client that has arrived in the Department to apply for the execution of public works, public works officials, explaining the enforcement conditions and procedure (hereinafter referred to as the public works executing conditions) according to these rules. If the customer is a minor probation, with the public performance of their present conditions in the presence of a representative. Probation client with signature declares that he is aware of the public 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.
13. The officers shall select the employer, having regard to the priority work, the probation clients age, education, criminal record, State of health and skills.
14. the probation officer client agree on the place and time of probation, the customer may come to the employer, and the presence of a representative, if the customer is a minor probation, prepare assignments for a public work to the particular employer (hereinafter referred to as the order). One copy shall be issued by the period of probation, the second client is added to the customer's use of the probation, third at the employer's request, issue an employer. The receipt of the said assignment probation customer represents.
15. Assignment stating: 15.1 unit and officer's name, which designates the probation clients;
15.2. the 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;
15.3. the probation clients phone number;
15.4. the name of the employer;
15.5. the contract of employment of public customers of the probation work number and date;
15.6. arrival location and address, the date and time when the customer arrives at probation;
15.7. the employer's designated responsible person.
16. If the employer cannot be contacted, or other objective reasons probation is not possible to issue customer assignments, probation issued summons to client department officials date specified. The invitation shall indicate in this provision the information referred to in paragraph 10. This invitation received probation customer represents.

17. Assignment specified in the date and time of the client and probation officer arrive at the employer.
18. prior to the commencement of the public officer the performance of work schedules with employers and probation. The agreed timetable officer, employer, and probation customer represents. One copy of the work schedule issued by the employer, another customer, a third of the probation is added to the customer's use of the probation.
19. Work schedule: 19.1. number of work schedule;
19.2. the scheduling of the date;
19.3. the employer's full name;
19.4. the employer's designated person responsible title, first name, last name, phone number, e-mail address;
19.5. the probation the customer's name, surname, telephone number, e-mail address;
12.2. the officer's name, phone number, e-mail address;
19.7. harmonization of work schedule;
19.8. the dates on which the customer will conduct probation public works;
12.4. working time;
19.10. public performance;
19.11. planned work hours in public.
20. Employer has the following responsibilities: 20.1. create a probation job protection for the customer requirements according to working conditions, to introduce the work of the probation clients with the protection and the provisions of the agenda;
20.2. to provide the client with the probation work the necessary tools, protective equipment and working tools;
20.3. to show the customer the individual probation;
20.4. monitoring customer makes prominent the probation service;
20.5. upon the request of a service to provide information about the probation clients number of hours worked;
20.6. to inform the authorities immediately if the customer does not comply with the probation public performance conditions or avoid work;
20.7. to immediately notify the service when the accident occurred at the place of work or probation client work suffered injuries.
21. If the customer is under probation for 15 years or until 18 years of age continues to get basic education, work schedule requires that work be performed: 21.1. not more than two hours a day and 10 hours a week, if the public work is done during the school year;
21.2. not more than four hours per day and 20 hours per week if the work is carried out in the public holiday.
22. If the customer is older the probation for 15 years, but have not reached 18 years of age and do not continue to get basic education, work schedule provides that community service is not performed for more than seven hours a day and 35 hours a week.
23. If the customer is a probation under 18 years of age and work or continue education in their public work may employ working days for a maximum of two hours a day, but with the agreement of not more than four hours a day of employment or training in spare time and not more than eight hours a day on weekends and public holidays. If the probation is a client who reached 18 years of age, not working and not studying, they may be employed for up to eight hours a day.
24. If probation client community work will take longer than four hours a day writing schedule, provides for a break. Break time and duration of the Officer determines, in consultation with the employer and probation of customers, but it may not be less than 30 minutes. Break granted no later than after four hours of work. Break not the public performance.
25. the probation customer who has not reached 18 years of age shall be prohibited to employ after 20:00.26. If a minor client in addition to the probation work continues to get secondary education or vocational education, training and social work time adds up, and it may not exceed seven hours per day and 35 hours a week.
27. the new working schedule drawn up, if the end of the period: 27.1., which is drawn up the previous work schedule;
27.2. carry out significant changes in the work schedule drawn up in advance.
28. This provision 27.2. in the case referred to in subparagraph previous work schedule is effective for the period for which it has not drawn up a new schedule.
29. the amendments to the schedule of their harmonisation with the employer and the probation officers of customers. Amended if the public work will be performed in time, which is not listed on the schedule, but include the period for which it is drawn up. 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. schedule number that been amended;
30.2. the date and time when the probation clients will perform community work;
30.3. the public performance;
18.9. public works planned hours;
30.5. the amendment date.
31. Work schedule does not make amendments, if probation is the day when the customer in accordance with the work schedule he should carry out community work, asked to change the public starting work or completion times.
32. A public officer during the performance of work has the right to designate the probation client to a different employer in accordance with the provisions of paragraphs 14 and 15, where it can contribute to more efficient public works execution.
33. If the employer for the period specified in the work schedule does not provide the customer with the probation community work, the customer or a representative of the probation shall immediately inform officials when communicating by phone or arrive at the unit.
III. Public works execution control 34 officer verify that probation is presented with a client protection and the provisions of the agenda by participating in the customer's instruction or a probation check the record of employer health briefing in the journal. Probation period the customer briefing including public work.
35. the service controls how the client performs the work of probation: 21.8. communicating with the employer;
35.2. on arrival at the place of execution of public works.
36. details of the public performance recorded in the database.
37. On the work of the public considers only those hours worked that probation is working on the assignment, the client specified in the employer's work schedule, the public performance conditions.
38. considers that probation client that day for public works, if not done: 38.1. the official working schedule within the time limit laid down in the coming public performance site and finds that the probation there customers arrived and officers is not informed of the reasons of absence;

38.2. the employer shall notify a probation officer that the customer left a public performance space after control of public officials working in the place of execution, but before the end of the work time, without informing officials.
39. following the work schedule in the expiration of the official printed from the database control in the registry form, showing the client worked probation public working hours. 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.
40. control register form contains the following information: 24.9. control register form number, which corresponds to a particular schedule;
40.2. the probation the customer's name, surname, telephone number, e-mail address;
40.3. the persons responsible for the employer's name, phone number, e-mail address;
25.1. date of probation to the customer in accordance with the timetable drawn up and work schedule of amendments is to perform community service;
25.2. the actual working time;
40.6. worked in public work hours or mark that probation client community work not done;
40.7. the work carried out;
25.4. the type of control;
25.4. additional information.
41. Public performance during the official shall have the right to interview the customer representative of the probation, and employers to identify issues related to public works. Officials of the negotiations and the signature description of the interviewee and the officer.
IV. action by the Probation Officer if the client fails to fulfil the obligations or violates conditions 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 by registered letter sent to the probation customer summons to service, to provide an explanation. The invitation shall indicate in this provision the information referred to in paragraph 10.
43. If the customer violated probation public performance conditions under which was presented, the officer asked for an explanation. If the client is not within reach of the probation officer acting under this provision, paragraph 42.
44. An official shall be issued or registered letter sent to the probation warning to the customer, if the customer these terms probation 42 and 43 in the cases referred to in paragraph does not provide an explanation or reasons not listed in the explanation exculpatory.
45. If an alert is issued in person, probation warning customer receipt with a signature.
46. The warning: 46.1. 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;
46.2. the departments and officials that sends the alert;
46.3. the contents of the infringement;
46.4. the warning;
46.5. the potential consequences of repeated infringement;
46.6. If necessary, the address and time of probation to appear, for the customer to agree on the future of public performance.
47. If an invitation or warning by registered letter sent to the provisions referred to in paragraph 5 address, considers that probation has been received by the customer on the seventh day following the transfer of the letter in the mail.
48. If the customer after the probation warning does not appear to apply to the public performance of the work or repeatedly breach public performance conditions under which was presented during the month, the Officer prepares a proposal for a public work to the court life of the application or the replacement of public works with the tightening of the educative nature coercive means (hereinafter referred to as the proposal). The proposal shall be accompanied by copies of the documents referred to in it. One copy of the proposal sent by registered letter or submit to the Court, the other is added to the customer's use of the probation.
49. the proposal shall indicate: 30.5. the number of criminal;
30.6. the court filing number;
30.6. the 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, and the address of the place of residence;
49. the implementation of the judicial decision;
30.8. the Department organizes public works;
30.8. external legislation, part of a point or section, which are intended to increase the number of hours of work in public or to replace it with a stronger educational character order;
49.7. Court request to increase probation client to set the public working hours or replace public works with the educational nature of the order;
49.8. without the public worked the number of hours of work.
V. public works suspension 50. If the probation is not a disease in the customer able to perform community work, the customer or a representative of the probation shall notify the officer and the officer shall immediately notify the employer.
51. in addition to the medical institutions issued the statement from the hospital to the patient or the patient's outpatient medical record or disability page justified absence cannot exceed two days per calendar month.
52. If the customer probation public works could not take more than two days in a row, he (or representative) at the end of the show a disability officer statement from the hospital to the patient or the patient's outpatient medical record or inability to justify the absence. An official statement from the hospital to the patient or the patient's outpatient medical record or disability page or a copy thereof to the customer in the case of probation.
53. If probation client (or a delegate) informs that the illness for more than two days off to do community work, official: 53.1. agree with probation for the next client or contact date and issue or send the invitation to the customer of the probation. The invitation shall indicate in this provision the information referred to in paragraph 10;
53.2. inform the employer.
54. If the service has received probation (or representative) of the client's written application to allow for a period of up to one month of disease or for other important reasons not to carry out community work, the officer shall give a reply within 10 working days from the receipt of the application. A copy of the decision to issue probation or dispatched to the customer personally, by registered letter, the second is added to the customer's use of the probation. If the application is submitted by an agent, a third copy of the decision to send a representative.

55. where the service is authorised by the customer to the time of probation up to one month of disease or for other important reasons not to carry out community work, the officer shall immediately notify the employer.
56. This provision referred to in paragraph 54 of the probation application client (or representative): 56.1. the grounds for the request;
56.2. the address where the client will be within reach of probation;
56.3. contact numbers;
56.4. date on which to begin or continue to undertake public works execution.
57. the service can reject the probation clients (or representative) at the time of the request not to carry out community work, if: this rule 57.1. point 8 of the probation period specified in the client is not logged on in public service work and is on the alert;
57.2. public performance during the probation clients have received warnings about conditions.
58. paragraph 57 of these rules in the cases referred to in the probation client (or a representative) may challenge the decision of the officials by the application service manager administrative processes governing laws.
Vi. action by Officials after court ruling enforcement officer 59. within three working 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 by registered letter sent or submitted to the Court, the other is added to the customer's use of the probation, third at the customer's request, issue a probation or sent to the probation.
60. The notification shall specify: 60.1. 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;
60.2. the number of criminal cases;
60.3. the court filing number;
60.4. the Court ruling, the date of entry into force of
60.5. the application of the public working hours;
60.6. public worked working hours;
60.7. public performance launch date;
60.8. the public performance.
VII. Other public organisation performance issues 61. If the invitation or warning is sent by post, and it contains the date by which the customer must come to the probation service, it may not be less than 14 working days after dispatch of the notice or invitation.
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 by registered letter or a court, the other is added to the customer's use of the probation.
63. the official representative shall be issued or registered letter sent by the public the probation job performance related documents (public performance conditions, posting invitations, alert, a copy of the work schedule, control the registry a copy of the form and content of the letters sent to the Court the proposals) and other public work related information.
VIII. Closing question 64. Be declared unenforceable in Cabinet the July 12, 2005 Regulations No 565 "procedure for children apply educative nature of the detention, community work" (Latvian journal, 2005, 111 no).
Prime Minister Dombrovskis v. Minister of defence, the Minister of Justice ad interim of I.V. lieģis

Related Laws