Electronic bracelet and sweet home instead of cuffs and jail: TOP-5 risks related to the implementation of probation system in Ukraine

Source: LIGA.net

After the reform of the criminal executive system in Ukraine, minor criminals may be go home without handcuffs from the courthouse, as in American TV series. For this purpose, a new system of probation is created: the one that allows a convicted prisoner to avoid prison, but not a punishment for a crime. This system is widely implemented in the western countries, and has already made it possible to reduce both the number of victims of crime and the prevalence of crime. The same results are expected in Ukraine.

Will the Ukrainian probation system be able to cope with tasks and challenges? And won't the convicts allowed to stay out of prison become an additional burden for law enforcement agencies and a scourge for their families and neighbors? Valerie McNerney, international expert on probation volunteering development and improvement of cooperation with CSOs of the EU Pravo-Justice Project, told about radical changes in society and the criminal executive system.

According to the European Human Rights Union, Ukraine is in the first place among the 50 European countries by the number of persons sentenced for life. There are 1,541 such persons in the country. In total, there are 55,000 people in prisons.

The probation system's mission is to reduce the re-offense rate and the number of people in prisons. Its essence is as follows: after sentencing, if the punishment for the offense does not exceed five years' imprisonment, a person may be allowed to continue their usual life instead of being in prison. They can work, study, live at home ... But at the very least, all those who avoid the prison, should regularly visit the probation office for a check-up. Its main task is to find out what instigates the offender commit a crime and how to help them abstain from re-offending. Certain offenders may be obliged to undergo a probation program, for example, on changing the criminal mindset or anger management. According to experts, the introduction of the new system should enhance the level of security in society.

The first risk. Is it possible, that "setting those offenders free" will wreak chaos in the society? In the opinion of many people, keeping criminals in prison contributes to greater security.

Valerie McNerney answers: No, because these people are under constant supervision. Not only they themselves regularly check-up in the probation departments, but the probation staff and volunteers visit them at home. They carry out constant assessment of the person's condition and their changes on the path to rehabilitation, and can define, how to help the clients solve their problems, if necessary.

If the convict does not fulfill the obligations, the punishment may become even more severe than the initial sentence.

In Europe probation had been functioning for a long time already. For example, in Britain this alternative sentencing system has been in effect for 200 years already. Two hundred years ago the police commissioners position was introduced. Probation has already proven to be efficient in reducing re-offending rate: in particular, its introduction considerably decreased the number of thefts. However, as the expert says, certain changes are taking place in Great Britain. In particular, now the private and the state enforcement system in the UK are merged. Now the alternative sentencing, having a lengthy history in the UK, is implemented in Ukraine with the European assistance. The Pravo-Justice Project is supporting the reforms in the justice sector.

The second risk: Will the probation system be suitable for Ukraine? The reforms in the country often "get stuck" or mutate in a way which has little to do with the initial concept?

Valerie McNerney responds: "The probation system in Ukraine is already working successfully. Currently, 65,000 offenders in Ukraine are serving punishment outside of the prison. Each year about 100 thousand people sentenced to punishment other than imprisonment rae registered with the probation bodies. Many have retained or found a job, got rid of dependence or created a family ... Almost 600 probation bodies are already established, which employ more than 3,000 employees. But the problem of the staff shortage is indeed acute. It is especially true in rural areas, where there are only 1-2 probation officers in the divisions. And if someone is on a sick leave or on vacation, there is simply nobody to do the work. It is in these cases that volunteers should help. And I am engaged in recruiting and training such volunteers as an expert".

It is volunteers who should help the employees of the probation bodies to monitor and conduct social-educational and corrective activities with the convicts. Currently, a volunteer pilot project is being conducted in two pilot regions - Ivano-Frankivsk and Dnipropetrovsk. Any person aged over 18 can be a volunteer. There are no strict set of criteria, decisions are taken individually and almost all interested persons are involved in this work. In the selection of volunteers, the EU Pravo-Justice project works closely with Ukrainian non-governmental organizations.

The third risk: The volunteer work is not paid, while establishing contacts with prisoners and controlling them is extremely challenging. Will there be enough people ready to take up this work?

Valerie McNerney answers: "I worked with volunteers in Germany, Italy, Finland, Britain, now I work in Ukraine. And I want to note that there is usually a lot of people who want to help for free. Moreover, such work is not completely free in the EU: both training and business trips are covered. An additional advantage for the potential volunteers in many countries around the world is that volunteers can then pursue career in the probation department. And yet - it's a truly unique individual experience.

Frequently former prisoners or drug addicts become volunteers. They are skilled and committed, because they know about the problems of their peers from their own experience".

It is planned that volunteers will work at all probation divisions in the future. Together with the employees of the probation bodies, they should carry out the re-socialization of the convicts and help them solve the problems to eliminate reasons for committing crimes, primarily lucrative ones.

According to the experts, the probation is particularly important for minors: family and school plays a huge role in the upbringing of adolescents, and in probation, they remain in the usual circle of parents and friends. Therefore, the risk of a repeated offense is reduced.

The fourth risk: Will volunteers without the experience of work with offenders and respective qualification will be able to manage the tasks of controlling and correcting the convicts?

Valerie McNerney answers: «First, the volunteer work is carried out mainly by specialized organizations. For example, those working with victims of violence, arranging shelters for the homeless, working with the drug-dependent people. They have respective experience. Second, the volunteers, as well as the probation officers, pass the training. And they are always provided with the support: if there are problems, the volunteer knows whom to contact. However, there is a portion of people who cannot manage it and leave. New people may replace them».

Probation should not only decrease the number of victims and re-offending rate, but transform the public conscience. People must change their attitude to the convicts. To achieve this, it is necessary to engage state authorities, civil society institutions, and even businesses. The businesses in the regions will offer to employ the probation clients. In general, the level of humanism in the society must be increased, overall condemnation and stigmatizing those who were in conflict with law must fade off.

The fifth risk: Will the Ukrainian society change? The post-Soviet mentality with harsh condemnation of criminals is prevalent in the country.

Valerie McNerney answers: «The considerable changes related to the implementation of probation in the Ukrainian society are not achieved yet. And this is OK, considering that this institution has been working for the third year only. This is characteristic not only for Ukraine. I had a very illustrative conversation while traveling to Kyiv. I told a Spanish man, sitting next to be, about my mission. His response was prompt and harsh: "All criminals must be locked up and the key thrown away". But then I told him how people were reformed and resocialized even after severe crimes. And later it turned out that the brother of the man to whom I was talking to was imprisoned for a petty crime».

Author: Oksana Viter Special project Liga.net together with the EU Project Pravo-Justice and Internews-Ukraine