Report on the visit to the Service for Social Reinsertion and Observation (Probation Centre) Functioning by the Brăila Tribunal

On December 4th, 2003, two representatives of APADOR-CH visited the Service for Social Reinsertion and Observation (Probation Centre) functioning by the Brăila Tribunal (SRSS-Brăila), where they had meetings with the chief of the Service, with a reinsertion and observation counsellor, and with a volunteer worker.

1.            General aspects

SRSS-Brăila was created on 13.12.2002.

The legal framework for the functioning of the Service is provided by Government Ordinance no. 92/29.08.2000, approved and modified by Law no. 129/18.03.2002.

The SRSS-Brăila staff consists of 4 counsellors for social reinsertion and observation (probation officers), including the chief of service, plus a volunteer. The personnel scheme includes four counsellor positions, but one of them is vacant because the person who obtained the position by contest has transferred to another job. The counsellors have legal and, in one case, theological background, as well.

SRSS-Brăila does not have a separate budget, being supported from the budget of the Brăila Tribunal. Travel expenses are also deducted; the counsellors use public transportation for field work.

SRSS-Brăila has its premises in two rooms inside the Brăila Tribunal: an office for the counsellors and a meeting room for persons under observation. The service is equipped with two computers and a printer.

2.            The activity of SRSS-Brăila

SRSS-Brăila covers the activity of three courts in Brăila County, of the Brăila Tribunal, and of the corresponding Prosecutor’s Offices.

2.1.      As regards the assessment reports, during 2003 SRSS-Brăila has completed about 50 such documents. The main information sources used in drawing the reports were the criminal record, visits to the defendant’s home, interviews with family members, neighbours, teachers, according to the case. The SRSS-Brăila counsellors do not use local police as a source of information for the assessment reports; their cooperation with police is limited to ensuring security for counsellors during field work and finding out the addresses of interviewees. As to assessment reports drawn at the request of the prosecution, SRSS-Brăila has informed the Prosecutor’s Offices that they may request such reports, but it has not received any application. The prosecutors explain their attitude by saying that during a criminal investigation there is no time to wait for an assessment report, but that their indictment acts include recommendations that such reports should be required by the courts.

2.2.      SRSS-Brăila has drawn about 53 observation files, from which 48 are still open. Most of the subjects are convicted persons for whom the court has requested the suspension of the penalty’s execution under observation, under Art. 86 of the Criminal Code.  The activity of the counsellors is mainly based on monitoring the execution of duties provided by Art. 86 par. 1, letters a)-d) of the Criminal Code, and less of the duties imposed by the courts. This is because the courts are not yet accustomed to imposing such duties. For instance, a judge decided that the convicted person “should cease any contact with certain individuals”, without mentioning who they would be. Such a duty could not be monitored by SRSS-Brăila, since the Service is not authorized to decide whom should the subjects meet and whom they should not. Until now, the Service has never recommended that the suspension of the penalty’s execution under observation should be ceased as a result of a breach of duties by the convicted person.

SRSS-Brăila has under observation only one juvenile against whom the Court has decided the educational measure of freedom under observation, as provided by Article 103 of the Criminal code.

During the monitoring period, the persons under observation may request SRSS-Brăila to provide assistance and counselling; the counsellors of the Service inform them about this right from the beginning of the procedure.

2.3.      SRSS-Brăila has signed protocols of cooperation with 11 local institutions, among which: the County School Inspectorate, the City Hall, the police, the County Council, the County Labour Agency (AJOFM), the Tichileşti Re-education Centre (turned into a Juvenile and Youth Penitentiary), and Brăila Penitentiary.

The protocol signed with the Tichileşti Centre implies weekly visits by a counsellor of the SRSS-Brăila to the juvenile institution. The Service is trying to involve all the detainees about to be released in a counselling programme. 5 of them have been taken to visit the relevant institutions in Brăila.

Also, SRSS-Brăila counsellors go to the Brăila Penitentiary to counsel the detainees who have applied for it. At the request of the Parole Board in Brăila Penitentiary, the Service has completed 15 reports on detainees who are going to be heard by this board.

Due to its good cooperation with the Brăila police, the Service has managed to help the persons under observation who were on low income to obtain new identity papers.

2.4.      SRSS-Brăila also works with two foundations in Brăila: “Lumina” Foundation and “Work and prosperity” Foundation. “Lumina” Foundation deals with persons who had to leave orphanages at 18. It organizes free 2 months qualification courses for textile workers. None of the persons monitored by SRSS-Brăila has yet enrolled for these courses, but there is some interest for a shoemaker course that the Foundation plans to organize.

3.            Conclusions

APADOR-CH appreciates the activity of the SRSS-Brăila. In only one year, the counsellors of this institution have managed to establish very good working relations with the relevant authorities, especially in the fields of assistance and counselling.

APADOR-CH also considers that:

- The number of 3 probation officers is insufficient, especially since the personnel scheme for SRSS-Brăila includes 4 such positions. Since the number of persons to come under its observation, as well as the number of pre-sentence reports are expected to increase, is seems completely unproductive to freeze one of the positions. The Ministry of Justice, through its Direction for Social Reinsertion and Observation, should organize a new contest for the existing job as soon as possible.

- It is absolutely necessary that the Service is endowed with office equipment. The number of computers should be equal to the number of counsellor, and a photocopier is also necessary. The visits made by the counsellors all over the county are sometimes made difficult by public transportation. The Service should therefore have a car at its disposal.

- SRSS-Brăila should get more involved in the preparation of detainees about to be released from the Brăila Penitentiary, and to include in this activity detainees over 25 years old as well. Also, the counselling programme for the minors and young detainees about to be released from the Tichileşti Re-education Centre must be continued; APADOR-CH salutes the idea of taking the respective detainees to the institutions which might help them with social reinsertion. However, for that project to become efficient, such visits should be organized on a weekly basis.

- For a more efficient implementation of the Criminal Code provisions on alternatives to imprisonment, the association suggests that the Direction for Social Reinsertion and Observation should develop a strategy in order to inform courts and prosecutor’s offices about the activity of probation centres.

Diana Călinescu                                                                                    Valerian Stan