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REDUCING THE RISK OF RECIDIVISM AFTER PRISON IN ROMANIA

REDUCING THE RISK OF RECIDIVISM AFTER PRISON IN ROMANIA. Motto “I will always act, if what I do makes a difference” William James. NEEDS OF EX-PRISONERS.

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REDUCING THE RISK OF RECIDIVISM AFTER PRISON IN ROMANIA

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  1. REDUCING THE RISK OF RECIDIVISM AFTER PRISON IN ROMANIA Motto“I will always act, if what I do makes a difference”William James

  2. NEEDS OF EX-PRISONERS A study in early 2009 in Romania (Durnescu et al.), on the perceptions of prisoners and staff concerning training programs for release and aftercare, concluded that the main difficulties faced by inmates after release were: • finding a job; • identification of a shelter; • identification of financial resources for subsistence; • getting identity documents; • drug treatment; • treatment for certain mental diseases; • lack of motivation for behavioral change and antisocial attitudes.

  3. WORK INTEGRATION OF EX-PRISONERS EMPLOYERS ATTITUDE An empirical study conducted in early 2008 to the employers in the private sector showed the following: • 15.9% of respondents have employed ex-prisoners; • 73.9% of respondents were rather satisfied with the performance shown by these employees; • over 75% of employers does not request criminal records and over 65% does not ask about criminal records; • what weighs more in the employment decision of those who have already had experience with an ex-prisoner is qualification and skills and not criminal records; • the main reason for which employers would not hire an ex-prisoner is the fear for physical safety of other employees and for moral contagion of colleagues; -

  4. WORK INTEGRATION OF EX-PRISONERS • there would be greater openess of the part of the employers to hire ex-prisoners, if they were under the supervision of a probation service; • candidate must be honest, upright and want to reintegrate, to admit he was wrong, to be responsible and have a normal life; • company profile that hired ex-prisoners - small company, relatively new, working in construction, industry or technical.Its difficult to conclude in labour discrimination for ex-prisoners, given that their reduced representation in the labour market could be due to other factors such as poor training, inability to find a job, lack of self confidence, self-stigmatization etc.

  5. WORK INTEGRATION OF EX-PRISONERS NATIONAL LEGISLATION CONCERNING EMPLOYMENT OF EX-PRISONERS • Law no. 76/2002 regarding the unemployment insurance system and employment stimulation, modified and completed by Law 107/2004; • Law no. 116/2002 on preventing and combating social marginalization; • Protocol between National Administration of Penitentiaries and the National Agency for Employment, signed on 08/27/2008.

  6. WORK INTEGRATION OF EX-PRISONERS SERVICES OFFERED BY NATIONAL AGENCY FOR EMPLOYMENT • professional counseling - labour market information, assistance for decisions concerning career, training on how to search for a job; • professional training - during the preparation for release, detainees can attend free training courses; • labour mediation - linking employers with people looking for a job; job market; • fiscal incentives for employers, if they hire graduates, unemployed, people over 45 years, single parents support families.

  7. WORK INTEGRATION OF EX-PRISONERS PROJECT IN PROGRESS A conference to launch the Social Project “The strategy of employment and qualification through learning and activities for freedom” was held in Bucharest, on july 8, 2010. Partners: • National Administration of Penitentiaries, Romania • Romanian Patriarchate • Filantropia Romanian Federation • Ministry of Justice, Italy • Ministry of Labor, Health and Social Policy, Italy • Lombardy Regional Research Institute • Assessor Union for Social Policy, Health and Labor, Italy Funding source: European Social Fund Beneficiary: National Administration of Penitentiaries, Romania Implementation period: october 2009 - september 2012 Expected results: establishment of two structures of social economy, which will ensure job opportunities and qualifications for ex-prisoners.

  8. OPPORTUNITIES FOR SOCIAL REINTEGRATION OF PERSONS WHO HAVE BEEN CONVICTED AND BELONG TO VULNERABLE GROUPS Law no. 116/2002 on preventing and combating social marginalizationEmployment - young people in need, including those who received a custodial sentence, can make a solidarity contract with the employment agency for a period not exceeding two years.Access to housing - young people up to age 35, unable to buy a home, are supported by the county council, which covers the estimated value of the advance to be paid to acquire or rent a home for up to three years, for a rented house.Acces to education - school-aged people, who come from families in need are entitled to scholarship.

  9. OPPORTUNITIES FOR SOCIAL REINTEGRATION OF PERSONS WHO HAVE BEEN CONVICTED AND BELONG TO VULNERABLE GROUPS Law no. 47/2006 regarding the national social assistance systemSocial services - are given in order to limit risk situations where there is a person at a time.They are given in community, at home or in day care centers or residential public or private centers.Social benefits - are financial transfers: family allowances, social aids, other facilities.

  10. EVOLUTION OF PROBATION SYSTEM IN ROMANIA • 1997 - 2000 - Experimental stage • 11 experimental centres • international support Activities: - the preparation of pre-sentence reports at the request of Courts; - supervision of persons sentenced to supervised liberty; - running programs in prisons, with children and youth as target group. • 2000 - 2007 - Organizational stage • Governmental Ordinance no. 92/2000 on the organization and functioning of the social reintegration and supervision services • Governmental Decision no. 1239/2000 for the approval of the Methodological Norms for the enforcement of the provisions of the Governmental Ordinance no. 92/2000

  11. EVOLUTION OF PROBATION SYSTEM IN ROMANIA • Law no. 211/2004 on measures to protect victims of crime • Law no. 123/2006 on the status of probation services staff • Law no. 327/2006 on wages and other entitlements of probation services staff Activities: - the preparation of pre-sentence reports at the request of Courts or of the Prosecutor’s Offices; - supervision of the way how the convicted persons to non-custodial sentences meet measures and execute the obligations ordered by the Court; - assistance and counseling of persons convicted to non- custodial sentences, at their request; - running specialized programs for the social reintegration of inmates; - psychological counseling to victims of violent crime.

  12. EVOLUTION OF PROBATION SYSTEM IN ROMANIA • after 2007 - Legislative stage • new draft Penal Code seeks to extend community measures and penalties and supervision and assistance to persons conditionally released.

  13. “REDUCING THE RISK OF RECIDIVISM AFTER PRISON” PROGRAM - A ROMANIAN SYSTEM OF PREPARATION FOR RELEASE AND AFTERCARE • Principles: • continuity • cooperation • the system of three pillons: motivation, capabilities, opportunities • Structure: • basic module - desistance paradigm, Good Life Model, prosocial modeling; detainee will be able to build an individual plan of action; • individual optional modules - organized in seven areas: employment, financial situation and debt, substance abuse, housing needs, mental health needs, issues of identity documents and dealing with bureaucracy, family life; person will be motivated to seek support and it will be facilitated links with representatives of institutions that can provide help;

  14. “REDUCING THE RISK OF RECIDIVISM AFTER PRISON” PROGRAM - A ROMANIAN SYSTEM OF PREPARATION FOR RELEASE AND AFTERCARE • aftercare - ex-prisoner will be seen to enforce his individual action plan; - the probation counselor serves as case manager; - an assistance file will be open: the individualized action plan, the consent to participate to optional modules, the request for assistance, records of all meetings or interventions; - it is voluntary.

  15. INTER-INSTITUTIONAL COLLABORATION • social service from community; • agency for employment; • school inspectorate; • prevention, drug evaluation and counseling center; • direction of social assistance and child protection; • population register offices; • mental health center; • NGOs; • other organizations.

  16. DYSFUNCTIONALITIES ON INTERVENTION FOR SOCIAL REINTEGRATION OF CONVICTED PERSONS • the current legislation is restrictive, limiting the number of people who receive social support; • the assistance to post-criminal prisoners currently has a voluntary character; • there are few NGOs that are accredited to support training programs; • insufficient number of staff in prison and probation services for the efficient running of activities and programs of psychosocial support; • theinter-institutional collaboration is quite low.

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