PROBATION SERVICE

Annika Soodla & Maarja Mägi

2024

MISSION

The role of the Estonian Prison and Probation Service is to support a law-abiding lifestyle and the full integration of offenders into society, leading to a safer Estonia.

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This means that we provide a sense of security to society and an opportunity for offenders to successfully return to normal life.

PROBATION

• The main purpose of probation is to make society safer by implementing alternatives to imprisonment.

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• Contemporary probation system in Estonia was created in 1998 as started as part of the court system.

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• Today there are 5 probation departments in Estonia, which include 19 offices. The smallest employ 3 probation officers.

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PROBATION SERVICE STRUCTRURE

• 160 staff members work within the structure of:
• 5 Regional departments
• Senior probation officers, probation officers, junior officers, (volunteers)
• 1 department for provision of group social programs (senior probation officers)
• Development and quality team (probation experts and methodological support)
• Focus areas: specialized youth probation officers, other priority areas include domestic and sexual violence, organized crime.
• Estonian CJS relies strongly on out of court measures, non-punitive sanctions imposed by the prosecutor and implemented in wide array of ways.

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REOFFENDING

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Reoffending is measured by the Department of Criminal Policy of the Ministry of Justice among offenders against whom criminal proceedings were terminated due to expediency in recent years, who were convicted by a court or who were released from prison. The "two-year recidivism rate" shows the proportion of people who were convicted of a new crime in the two years following such an event.

the likelihood of reoffending is lower for a phased release

PROBATIONERS NUMBERS TODAY

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THE BEGINNING OF PROBATION

• Prison inquieries for conditional release (the prison sends an inquiry to collect information about the prisoner and to assess an early release from prison)
• Preparation of pretrial reports (the prosecutor's office sends a request to collect information about the suspect and to compile a profile)

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• In Estonia, probational supervision can be imposed from 6 months to 5 years and extended for a maximum of 1 year. Community service can be sentenced for a maximum of 2 years and cannot be extended beyond the limit. In the case of conditional release from prison, the period of probation can be set for a maximum of 2 years.
• An enforced court decision arrives to the department (until the decision has entered into force, the department does not have the right to perform any acts with the person or enter into any agreements).
• The person is registered in the probation department according to his/her place of residence

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Requirements pursuant to the Penal Code (KarS § 75 lg 1) – have to be observed by all offenders

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• To reside in a permanent place of residence determined by the court.
• To report at intervals determined by the probation officer at the probation department.
• To submit, in his or her place of residence, to the supervision of the probation officer and provide the probation officer with information relating to the performance of the offender's obligations and his or her means of subsistence.
• To obtain the permission of the probation officer before leaving the place of residence for longer than fifteen days.
• To obtain the permission of the probation officer before changing residence, employment or place of study.

CASE MANAGEMENT

• Based on RNR and Desistance theory
• More individual than it used to be
• Risk assessment (Oasys based), home visit included
• Sentence plan for supervision period, court obligations included
• Responding to violations
• The official has the option to issue written warnings during probation.
• Special report to the court – an option to request an extension of the probation period, the imposition of an additional obligation or an expert assessment, and the enforcement of the sentence.
• TUKO - network collaboration for safer community

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The court may impose the following additional obligations for a period of probation - KarS § 75 lg 2, 4�

• To remedy the damage caused by the criminal offence within a term determined by the court
• Not to consume alcohol
• Not to own or consume narcotics
• Not to hold, carry or use weapons
• To seek employment, acquire general education or a profession within the term determined by the court
• To undergo the prescribed treatment if the offender has previously consented to such treatment
• To perform the maintenance obligation
• Not to stay in places determined by the court or communicate with persons determined by the court
• To be subjected to electronic surveillance
• To perform other voluntarily assumed obligations

Criminogenic risk assessment

Risk assessment is a tool that can be used to identify the causes of criminal behavior and the likelihood and danger of committing a new crime, as well as actions to influence a convicted person to behave lawfully.

The risk assessment is to be completed after the offender has been registered with the department 4-5 times (a month).

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Risk assessement

* Risk group - recidivism risk and the risk to harm identified as the result of risk assessement, based on which the offenders are divided into different categories/risk groups. This determines the intervention and surveillance activities for the probation period. Estonia uses a 4 point system, where 1 point means low-risk offender and 4 a very high risk offender (also serves as a workload counting system)

* Activities and interventions - minimal interventions for low risk offenders and more intensive interventions and services for high risk offenders.

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Risk groups:

* Low – „don’t intervene“ approach (orientation monitoring):

Registration at the office from 1 per month to 1 per 3 months

* Medium – „intervene“ aproach (help)

Registration once a month, home visit once during the probation period

* High – „Intervene“ aproach (change)

Registrations twice a month, home visits once a semester

* Very high – „intervene“ approach (control)

Registration 4 times a month, home visits once a month

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Community Service

Regulation No. 49 of the Minister of Justice provides for the preparation of community service work and the procedure for the performance and supervision of community service work ordered by a court or the prosecutor's office.

The community service must be conducted according to a schedule (it is not possible to come from abroad to do community service „from time to time“).

Contents of the proposed community service:

a) Helping to eliminate the consequences of the crime

b) Physical work related to the remediation of the environment

c) Contribute to the care of the elderly / disabled

d) Helps to contribute to the benefit of the local community

e) Must not compete with paid jobs

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Electronic surveillance

Regulation No. 15 of the Minister of Justice provides “Procedure for Execution and Supervision of Electronic Surveillance”

Electronic surveillance is a temporary obligation imposed by a court to restrict the freedom of movement of a convicted person, the fulfillment of which is monitored by means of an electronic device. The possibility of application is assessed by a probation officer.

One residence permitted at a time.

It is possible to ensure the supervision of several persons in the same dwelling with one home security device.

The main monitoring mechanism is a timetable composed by the officer in cooperation with the offender and which is inputted into a program.

The offender can not be released into a foreign state with electronic surveillance

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THANK YOU!

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QUESTIONS?

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