Rules Of The Administrative Commission Of The Rules Of Procedure And Decision Making Criteria

Original Language Title: Noteikumi par administratīvās komisijas darbības kārtību un lēmumu pieņemšanas kritērijiem

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
Cabinet of Ministers Regulations No 282 Riga, 31 March 2009 (pr. No 22 22) provisions on operational procedures for the Administrative Commission and the decision making criteria Issued in accordance with the Latvian penal procedure code 50.9 of the third paragraph of article i. General questions 1. determines the penitentiary institutions of the Administrative Commission (hereinafter the Commission) operational procedures and decision-making criteria. 2. the Commission shall hold its meetings not less than once a month. The meetings of the Commission are dealt with questions about the execution mode softening or hardening, as well as proposals to the Court on conditional release convicted before the deadline. 3. Commission regulations established under the job description provides the Secretary of the Commission. The Secretary of the Commission is the authorities of the custodial Department officials responsible for the prisoners ' accounts (hereinafter referred to as the tracking part). II. Preparatory Commission hearing 4. a Person sentenced to deprivation of liberty (convict), submitted to the prison authorities with a request for the application manager to push the matter to the Commission at the hearing (hereinafter application): 4.1 for the convicted given execution mode softening;
4.2. on the proposal of the Court for transmission of the convicted and the possible release of the conditional sentence before the deadline. 5. the application, been convicted or the hearing of the Commission will participate in the defender and convicted parents (if the convict is a minor). If the convict is a foreign national or a stateless person and it is needed, the application asks permission to convict at the hearing the Commission participate in the interpreter. 6. where the Commission, at the hearing will be considered for the particular convicted execution mode, the penitentiary institutions the Department officials responsible for the social rehabilitation of prisoners (social rehabilitation), prepare a report to the Commission on the strengthening of the regime under the criminal enforcement of regulatory laws, specifying the nature of the infringement committed, circumstances and convicted the explanations. 7. The penitentiary institutions Department, which is responsible for the registration application (hereinafter referred to as the administrative part) are recorded on the date of receipt of the application. 8. the application shall be referred to the prison authorities to the boss. Chief custodial authorities during workdays after receipt of the application, submit a copy of the accounting part of the boss and the social rehabilitation of part of the boss to prepare the meeting of the Commission the necessary information. The original application shall be referred to the Commission's Secretary. 9. the accounting part of the Chief within 10 working days of receipt of the copy of the application to provide information on convicted custodial sentence in execution (hereinafter certificate) (annex). 10. social rehabilitation part of the Commissioner 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). 11. This rule 4.2. in the case referred to in subparagraph social rehabilitation part of the Chief not later than two working days after the date of receipt of the copy of the application to ensure the transmission of the request of the national probation service (hereinafter service) to the respective territorial Department with a request to prepare a written assessment of the readiness of the society included convicted after a conditional early release (hereinafter the evaluation report). Requests indicates sentenced name, ID code, the penalties imposed and other information necessary for the evaluation report. 12. Service within 15 working days after paragraph 11 of these rules of receipt of the information referred to in the report of the evaluation shall be prepared and sent it by registered letter a custodial institution (the report of the evaluation staff of custodial institution may be also personally). Together with the evaluation report sent to the previous evaluation copies of reports for the convict, if any. 13. The prepared statement, evaluation or assessment report shall be referred to the Secretary of the Commission. 14. the members of the Commission and the Prosecutor may be familiar with the applications under consideration within the Commission and those attached documents. Sentenced the defender in order to prepare for the hearing, the Commission may consult the application and defended. 15. not later than 14 calendar days before the session 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 in a closed and partially closed mode the lower grade, for the meetings of the Commission shall inform the date and time parts of the social rehabilitation officer. 16. each month until the fifth day, the Commission Secretary shall inform the members of the Commission and the Prosecutor for next month's scheduled meetings of the Commission. 17. the Secretary of the Commission shall draw up the list of convicted submissions will be considered by the Commission at the hearing, and at least two working days before the Commission's meeting places that list convicted. If the meeting of the Commission will be considered in the application in which the convicted sentence being served in the lower level of the sentence, he shall inform the Commissioner of rehabilitation part of at least two working days before the meeting of the Commission. III. sessions of the Commission on progress in the application of Commission 18 Convicted hearing appearance, as well as the sentenced convicted champion and interpreter (if requested by the convicted). Convicted minors in consideration of the application also may participate in his parents. Other convicts or their defenders presence during examination of the application is not acceptable. 19. At the hearing the Chairman of the Commission: 19.1. calls for convicted identify and cite the essence expressed in the submissions;
19.2. calls on the social rehabilitation of part of the evaluation of officials;
19.3. these regulations 4.2. in the case referred to in subparagraph invites the representative to inform the assessment report;
19.4. invite the members of the Commission and prosecutors to question convicted and his Defender, at the penitentiary authorities and officials of the service, as well as minor convicted parents;

19.5. calls on the Commission to respond to convicted questions. 4.2. These provisions in the case referred to in subparagraph invites a convict to inform about their opportunities to participate in society after the conditional release before the deadlines, but if you addressed the question of the particular convicted penal regime, calls for clarification of the convicted on the nature of the infringement committed;
12.2. calls on the members of the Commission to vote and decide the appropriate criminal penalties for regulatory laws. 20. at the hearing, the Commission addressed the question of the convicted is defined in execution mode, the matter shall be referred to the launching of this provision, the report referred to in paragraph 6 and continue this rule 19.4, 19.5 and 19.6. in. 21. If the members of the Commission the decision requires additional information, the Commission may examine at the hearing also convicted in the personal file existing documents. 22. the Commission's meeting in the Commission clerk. 23. the Secretary of the Commission within five working days after the meeting: 23.1. prepares the minutes of the proceedings of the Commission. The minutes shall be signed by the President and the Secretary of the Commission;
23.2. the decision of the Commission shall be prepared in two original copies, one copy for the convicted, the other copy of the application and the provisions referred to in paragraph 13 of document inserts a sentenced person. IV. the Commission's decision-making criteria 24. Deciding on the particular convicted penal regime, the Commission shall take into account the sentence mode of the breach nature of requirements. 25.4.1. in the case referred to in subparagraph, on the basis of the social rehabilitation of part of the assessment prepared by the officials, the Commission shall assess the behaviour of the sentenced imprisonment institution according to the following criteria: 25.1. sentenced participation in employment, education, training, sports and leisure activities in a custodial institution and the results achieved;
25.2. the findings of the convicted penal treatment violations for which the appropriate disciplinary action in a custodial institution, their nature;
25.3. other information that describes the behavior of the convicted in a custodial institution. 26. This rule 4.2. in the case referred to in subparagraph, on the basis of the social rehabilitation of part of the assessment prepared by the officials, the Commission shall assess the behaviour of the sentenced imprisonment institution according to the following criteria: 26.1. sentenced participation in employment, education, training, sports and leisure activities in a custodial institution and the results achieved;
26.2. the sentenced treatment to work if it was offered to the education opportunities have been offered, if any, against education and sports activities;
26.3. the sentenced treatment appropriate leisure activities;
26.4. the sentenced attitude to work without pay is required for custodial institutions and the surrounding area, as well as utilities sentenced cultural life and development and improvement of housing;
26.5. attitude towards other convicted convicts and prison administration;
16.5. the injunction specified payments, depending on the amount of funds available to the convicted and the means necessary to earn a custodial institution;
16.6. alcohol, narcotic drugs and psychotropic substances use a custodial institution, based on the existence of the diagnosis and action of addiction treatment;
26.8. other information that describes the behavior of the convicted in a custodial institution. 27. This rule 4.2. in the case referred to in subparagraph, on the basis of the evaluation report prepared by the service, the Commission shall assess the readiness of the society included convicted after a conditional early release under the following criteria: 27.1. sentenced skills, experience and readiness to legally solve social problems that contributed to the offence committed;
27.2. the sentenced assisted social contacts with people in freedom, including to family and relatives, efforts to save those contacts or promote;
27.3. the sentenced are not eligible for the social contacts and their impact on his integration into society;
27.4. the attitude and behaviour of the sentenced on the damages and mitigation;
27.5. convicted experience, integration into society after a custodial sentence if convicted of repeatedly being served with a custodial penalty;
17.1. the sentenced behavior monitoring (inspections or not served during part of the fine), if one has been specified earlier;
17.2. the sentenced treatment conditions of supervision (responsibilities and obligations) and trim it. 28. Convicted in penal arrangements, for which there are no existing disciplinary measure, the Commission is not valued. If these irregularities provide relevant information, the Commission shall assess the validity of the relevant disciplinary measure 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 29. These rules 25 and 26 of the criteria referred to in paragraph evaluation methodology approved by the prison administration chief. 30. This provision in paragraph 27 above, the criteria of the evaluation methodology approved by the Service Manager. 31. in paragraph 29 of these rules shall enter into force on July 1, 2010. The Prime Minister, the children, family and integration Affairs v. dombrovsky Minister of Justice Mr Segliņš annex Cabinet 31 March 2009. Regulations No 282 statement of custodial sentence of execution by the Minister of Justice Mr Segliņš

Related Laws