Results and perspectives probation in Ukraine презентация

Probation Department

23 January, 2018, Kyiv, MATRA

population in the world (42 million population).
148 penitentiary establishments, 37586 thousand of prison staff positions (31448 actual staff), 59 thousand of prison population on 01.12.2017

67 thousand of offenders convicted to punishments without imprisonment (“community sanctions and measures”), 3,3 thousand of staff, 499 Probation Units (PUs) by evidence on 01.12.2017.
Probation is being functioned for 2 year and 11 months – 05.02.2015 the Law of Ukraine "On probation" is adopted; additional amendments to certain Laws are adopted on 07.09.2016 to ensure the running of all probation functions.

probation:
2001: New alternative to imprisonment punishments are input to the Criminal Law of Ukraine: such as social work (unpaid work), release on suspension. The Criminal-Executive Inspection (CEI) was founded in 21th Nov 2001 as a new state authority which was in charge of enforcement of new alternative to imprisonment punishments. It was included in the inner structure of the State Criminal-Executive Service of Ukraine (previously the CEI was as the part of the Ministry of Interior charge).
2002: The certain Cabinet of Ministry Decree was issued with task to study the necessity of probation introduction in Ukraine.
2004: New Criminal-Executive Code of Ukraine came into force instead to the Executive-Labor Code. The new Law formed the new system of enforcement of punishments alternative to imprisonment.
2006: First draft Law "On Probation Service" was elaborated and submitted to the Parliament of Ukraine.
2010: White Paper on Juvenile Criminal Justice Reforms was enacted. This document provided the legal ground to activities on introduction of juvenile probation.
2012: New Criminal Procedural Code of Ukraine was adopted which cardinally changed the criminal judicial procedures (criminal procedure parties competition, imprisonment as the final extra measure etc.).

probation:
2015: Law of Ukraine "On Probation" was adopted.
2016: The certain law amendments was adopted to ensure full-scale probation functions introduction which are provided for in the 2015 Law of Ukraine "On Probation" (the amendments regulates such innovations as: pre-sentence report, probational supervision, probation programs, the duties and responsibilities of the probation staff are legislatively determined).
There is skilled PUs staff who has knowledge and experience on enforcement of punishments without imprisonment.
The training programs for probation staff are developed. 2,7 thousand of CEI and PUs staff is trained on the December of 2017.
The sub-law is elaborated on the procedures of probation functions realisation. The instruments of probation are developed.
The Probation Offices piloting is started: one Probation Center for adult offenders is managed jointly with NGO in Poltava (case-management of vulnerable offenders) and Lutsk Probation Office with local authority support in (Dec 2017), 9 Probation Centers for juvenile offenders started.
The international partnership is established.

of the convicted persons
2) to prevent the commitment of the repeated criminal offences by convicted persons
3) to provide the court with the information about accused persons in order to take the decision on their liability

Law background:
05.02.2015 the Law “On Probation” is adopted (in force since 27.08.2015)
07.09.2016 additional amendments to certain Laws are adopted (in force since 08.10.2016)

The objectives of the Ukrainian probation meet the objectives which are indicated in the European Probation Rules 2010

punishments enforcement (prohibition to be engaged at certain activities, free of pay work in society, part of a salary deduction into the profit of the state, release from punishment on suspension, substituting of deprivation of liberty punishment to alternative punishment)
Probation supervising over offenders who are convicted to punishments without imprisonment
Probation programs realisation (2018)
Social and educational individual activities conducting (basing on the Risk and Need Assessment)
Assisting to prisoners who are about to be released
Realisation of other measures which influence on offenders rehabilitation and prevention of re-offending

Chernivtsi
9 staff positions

59
services
of Probation office
(sections, sectors)
327
staff positions

By evidence on September, 16% vacancies, 3316 actual staff

SOUTH-
EAST


Region of
Dnipro
Zaporizhia
Donetsk
15 staff positions

CENTRAL

Kiev city
Region of
Kiev
Zhytomyr
Cherkasy
Chernigiv
12 staff positions

WEST

Region of
Lviv
Volyn
Ivano-Frankivsk
Zakarapattia
Rivne
Ternopil
9 staff positions

SOUTH


Region of
Odessa
Mykolaiv
Kherson
Kirovograd
11 staff positions

NORTH-
EAST

Region of
Kharkiv
Poltava
Sumy
Luhansk
13 staff positions

(499 offices, 3942 staff positions) + Probation Departments in Prison Interregional Departments (69 staff positions)

Including
5 sectors
of
Juvenile Probation

71
services
of Probation office
(sections, sectors)
868
staff positions

94
services
of Probation office
(sections, sectors)
790
staff positions

100
services
of Probation office
(sections, sectors)
612
staff positions

89
services
of Probation office
(sections, sectors)
693
staff positions

86
services
of Probation office
(sections, sectors)
652
staff positions

Including
2 sectors
of
Juvenile Probation

Including
2 sectors
of
Juvenile Probation

Including
3 sectors
of
Juvenile Probation

Including
1 sector
of
Juvenile Probation

Towards Central Level

Towards Regional Level

staff
Probation staff educating (including Online IT-correspondence staff training system)
Cooperation System Introduction between probation units, courts, prosecutors, police, health care, education, social patronage entities and local self-government authorities
Probation Effectiveness Monitoring Tools and Quality of Staff Work Assessment System elaboration and introduction
Probation Communication Concept Paper introduction (PCCP)
Probation Programs introduction and related staff training
State Registry Database and Probationers Case-management System Soft development and introduction
Law amendments drafting to make sure that probation is applied to conditionally released (parole) prisoners
Electronic Monitoring introduction in probation
Modern Probation Offices establishing
Statistics System Introduction on Council of Europe Standards SPACE II

Adult Probation Centers (assistance of the Canadian government);
Unique international experience: pre-trial reports, methodology of the risks and needs of committing a repeated criminal offense assesment;
Three probation programs are elaborated ;
TOR prepared “The Unified State Register of Convicted Offenders and Persons in Custody” (probation part);
Three training programs for the staff are introduced, (2759 trained since June 2015, including 1066 trained in 2017);
The team of the trainers built from out of the probation unit managers with the most experience in effective management;
Discussion Platforms created for judges, prosecutors and probation officers on the practical aspects of pre-trial reports in Kropyvnytskyi, Lutsk, Poltava and Cherkasy;
The Basic Principles of Communication Policy in Probation are approved, a vertical pipeline of probation press-officers was created(47 officials);
Informational leaflets on the role and advantages of probation were developed
Developed the KPI-based system of evaluation the functionality of probation (40,26% in March– 61,31% in January 2018)

posters on probation to set on the informational boards in the premises and Web-sites of the Courts, Police, Migration Service, Free Legal Aid Providing System, self-government authorities, Labor Centers, Prisons and Remand Institutions, NGOs…)
2. Probation Communication Concept Paper (PCCP) (adopted on 28th Dec 2017, to establish coop with self-government, local authorities, courts, NGOs, volunteers…)
3. The Staff “Pyramid” with mass-media cooperation (done, 47 officials are entitled with such duties)
4. Posters on the benefits of probation (drafted and sent on the “land”)
5. Facebook ”Probation in Ukraine” (is lunched in Feb 2017 + six regional FB pages)
6. Flash articles “benefits of probation” in local newspapers (two flashes are done, 1,6 mill. circulation, 3.8 mill. population covering)
7. Free Legal Aid Providing System Coop (established, is needed to enhance)
8. Wikipedia “Probation of Ukraine” (lunched on 28th Apr 2017)
8. Informational space monitoring (to react onto the arising problems in probation)

“Tell about yourself, involve others, promote you image”

Probation Department, MoJ, Ukraine

TASKS:
1. Web-Page on Probation to lunch (layout is elaborated, domain name and hosting are not set out)
2. Social and flash video on the benefits of probation (are needed)

applied to conditionally released (parole) prisoners (risk assessment exactly is to be developed and implemented, psychologists capacity support) - penitentiary probation
2. State Registry Database and Probationers Case-management System Software is developed and introduced
3. Electronic Monitoring introduction in probation (law - 2018, piloting - 2019)
4. Probation Programs are to be elaborated and introduced (staff is trained)
5. The unique State Facility “Probation Center” is established and provided with remedies needed (in Kyiv)
6. Effective Probation Units (PUs) Network is to be established (model offices)
7. Model of cooperation with the self-governmental authorities, local governmental entities and volunteers is established
8. The list of services for Probationers is extended on the level of local self-governmental authorities (PUs probation resources)
9. The dialog with the courts, prosecutors, Centers for Legal Aid Provision is being developed
10. The Probation staff education is being enhanced
11. Social Communications Strategy realisation is being implemented

Probation Department, MoJ, Ukraine

"Support to Justice Sector Reforms in Ukraine" till the end of the 2017, 3 year project "PRAVO" till 2020 (legal framework, probation instruments, staff training programs)

NORWAY: cooperation Agreement with the Ministry of Justice and Public Security of Norway, NORLAU Mission in Ukraine (Embassy of Norway) (advisory support for the probation development since October 2016, model Probation Centers in Kharkiv and Bila Tserkva)

CANADA: project “The Juvenile Justice Reform Project in Ukraine” та EDGE (launched 9 Youth Probation Centers: Dnipro, Zhytomyr, Kiev, Lviv, Nikolaev, Mariupol, Melitopol, Odesa and Kharkiv, probation instruments for working with minors)

NETHERLAND: launch of the project till 2021 року (the emphasis on the development of pre-trial probation and penitentiary probation)


CoE: 4 year project "Further support for penitentiary reform in Ukraine " till the end of 2018 (Improvement of approaches to working with convicted prisoners in preparation for dismissal)

Penal Board, Board of Directors of Prisons and Probation, SOURCE OF STANDARDS – CoE resolutions on probation and alternative sanctions

USAID: project “Serving Life” till September 2022 (creation of 12 Centers at probation offices for counseling people with HIV, TB and HCV who are released from penitentiary institutions

UNODC: Strategic Partnership and Programmatic Actions (SPPA) in Eastern Europe 2017-2020 (development and introduction of the improved rehabilitation programmes for inmates in prisons in part of penitentiary probation)

on 17th Feb 2017 (3 tasks)

Medium term GOVERNMENTAL ACTION PLAN Priorities till 2020 (4 tasks)

PRESIDENTIAL STRATEGY for reforming the judiciary structure, the judiciary proceedings and related legal institutions for 2015-2020 (6 tasks) (President Decree №276-20.05.2015)

NATIONAL STRATEGY on human rights (1 task) (President Decree № 501-25.08.2015)

ANNUAL NATIONAL PROGRAM OF NATO-UKRAINE COOPERATION FOR 2018 
(President Decree № 103-08.04.2017) (4 tasks)

EU-UA AGREMENT ON ASSOSIATION: art. 4, 6, 14

18 tasks are foreseen in Strategic Documents

Probation Department, MoJ, Ukraine