Report on the visit to the Service for Social Reinsertion and Observation (Probation Centre) by the Dâmboviţa Tribunal
On October 10th, 2003, two representatives of APADOR-CH visited the Service for Social Reinsertion and Observation (Probation Centre) by the Dâmboviţa Tribunal (SRSS-Dâmboviţa), where they had meetings with the chief of the Service, as well as with a reinsertion and observation counsellor (probation officers).
- General aspects
SRSS-Dâmboviţa started its activity in September 2001, as a successor of the GRADO Experimental Probation Centre in Târgovişte and the probation service at the Juvenile Re-education Centre in Găeşti. The current furnishings of the service have been provided by GRADO.
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 staff of the SRSS-Dâmboviţa consists of 4 probation officers, including the chief of service.
SRSS-Dâmboviţa does not have a separate budget, being funded by the Dâmboviţa Tribunal.
- The activity of the SRSS-Dâmboviţa
Discussions with the staff of SRSS-Dâmboviţa have indicated that the activity follows four main lines:
a. Probation officers draw reports assessing the behaviour of each defendant at the request of the court or of the prosecutors.
Although the assessment reports have only an orientative value, courts tend to take them into account, court decisions including references to the findings of the probation officers in 90% of cases. As to assessment reports drawn at the request of the prosecution, this attribution was only introduced by Law no. 129/18.03.2002 and, to the day, SRSS-Dâmboviţa has not received any such request.
b. Probation officers monitor the behaviour inside the community of people mentioned by the framework law in Art. 11, par. 1, letter a)-c), that is:
- Juveniles against whom the court has taken the measure of freedom under observation, as provided by the Criminal Code, Art. 103. SRSS-Dâmboviţa monitors the way the minor complies with the requirements of the court, as provided by the Criminal Code, Art. 103 par 3. If the officers find that the minor does not fulfil these obligations, they notify the court which has ordered the observation.
- Convicted persons for whom the court ordered the suspension of the sentence’s execution under observation. SRSS-Dâmboviţa monitors the observance of duties provided by Art. 86 par. 1, letters a)-d) of the Criminal Code and, if necessary, of duties established by the court under Art. 86 par. 3, letters a)-f) of the Criminal Code. The monitoring is performed only if SRSS-Dâmboviţa is expressly mentioned by the court decision as the observation body.
At present, SRSS–Dâmboviţa monitors around 40 persons, since the courts are still reticent to grant the suspension of the sentence’s execution under observation.
The persons under observation may request SRSS–Dâmboviţa to provide assistance and counselling, including cognitive behaviour therapy, for the duration of the monitoring period. The latter procedure has been recently introduced. Of all the persons under observation in 2003, only 10 have requested assistance and counselling from SRSS–Dâmboviţa.
For those who have made the request, SRSS–Dâmboviţa has opened special social reinsertion files, drawn by the officers and the person under observation together. Reports on any important change regarding the person under observation are also drawn, at least every six months.
c. SRSS–Dâmboviţa establishes co-operation protocols with several other institutions and authorities.
Such protocols have been established with the Juvenile Re-education Centre in Găeşti and the Mărgineni Penitentiary, to involve the SRSS–Dâmboviţa officers in the assessment of juveniles or detainees younger than 25 following their quarantine period. An intervention plan and, prior to release, assessment reports are drawn at the request of the Teachers Council or the Parole Board. At the Juvenile Re-education Centre in Găeşti, SRSS–Dâmboviţa only monitors minors from the county of Dâmboviţa. Persons who come under the incidence of the co-operation protocols may request assistance and counselling from SRSS–Dâmboviţa after their release.
Under the protocol signed with the Dâmboviţa County Police Inspectorate, the two institutions notify each other about persons under observation.
SRSS–Dâmboviţa also runs a criminal prevention programme in schools and high schools, together with the Dâmboviţa County Police Inspectorate.
d. SRSS–Dâmboviţa works with local non-governmental organisations such as “Back to Work” Association - as part of a professional mediation and assistance programme, or The “Turnul Chindiei” Association – which offers free professional training courses. In 2002, a programme entitled “Community service as an alternative to detention” was run together with Penal Reform International – Bucureşti.
3. Conclusions
APADOR-CH appreciates that the activity of SRSS–Dâmboviţa, although in an incipient stage, proves to be useful, especially in the area of alternatives to detention. It is commendable that, after analysing assessment reports by the SRSS counsellors, courts have started to decide the suspension of the sentence’s execution under observation, as an alternative to detention. It is also notable that courts give serious credit to reports by SRSS officers when deciding individual sentences. This fact proves the usefulness of assessment reports as tools in the hands of judges.
APADOR-CH also considers that:
- The 4 probation officers are not enough to cover the activity of SRSS–Dâmboviţa, which has started to expand. Monitoring is performed over long periods of time (one year in the case of juveniles and up to 9 years, depending on the court decision, in cases of suspension of the sentence’s execution under observation). At the same time, the number of reports requested by courts is expected to grow, given their usefulness, and prosecutors may be expected to start requesting such reports as well. All these aspects should be taken into account by the Direction for Social Reinsertion and Observation, in order to adapt the personnel scheme to the needs of the Service before the latter is overwhelmed by requests.
- Closer involvement of police in the observation activity of SRSS–Dâmboviţa should be avoided. Probation officers must base their assessment reports on personal findings, made on the field, not on information prompted by the police, which may raise suspicions with regard to the objectivity.
- SRSS–Dâmboviţa should get more involved in preparing juveniles from the Re-education Centre in Găeşti and detainees in Mărgineni Penitentiary for release. The activity of SRSS–Dâmboviţa should be expanded to include detainees over 25 as well. All detainees in Dâmboviţa County should be informed that they are entitled to assistance and counselling from SRSS–Dâmboviţa after release, and taught what these consist of.
- It would be beneficiary if SRSS–Dâmboviţa, using its legal attributions and a protocol with the County School Inspectorate, identified the possibilities of helping persons under its assistance and counselling to enlist in reading and writing courses and obtain primary school certificates.
Diana Călinescu Valerian Stan
