Anglisht

PROBATION
SERVICE
BULLETIN 3
2012-2013
PROBATION SERVICE
BULLETIN 3 - 2012-2013
TABLE OF CONTENT
Probation Service In Albania
General Directorate Of The Probation Service
Quick Facts
Foreword from Ilir Qafa Director General General Directorate
of the Probation Service......................................................................................................5
Foreword by Ambassador Florian Raunig
Head of the OSCE Presence in Albania.................................................................................6
CHAPTER I PROBATION SERVICE IN ALBANIA GENERAL OVERVIEW.....................................8
Purpose of the Probation Service...............................................................................8
Alternative measures to detention..............................................................................8
Information box 1 - Obligations..................................................................................9
Information box 2 - Violation of the obligations...........................................................9
Increase of public safety..........................................................................................10
Reduction of recidivism...........................................................................................10
Who benefits?.........................................................................................................10
Information box 3 - Criteria for being entitled to alternative sentences?...................11
CHAPTER II - PRINCIPLES AND CONCEPTS AT THE HEART OF
THE PROBATION SERVICE......................................................................................................12
Responsibilities of the Probation Service..................................................................12
Information box 4 PROBATION SERVICE, Member of CEP.......................................12
What does the supervision of a case mean?............................................................13
Assistance and counselling......................................................................................13
Evaluation...............................................................................................................13
Treatment...............................................................................................................13
A convicted person is important..............................................................................14
Information box 5 The perspective of a probation officer.......................................14
CHAPTER III RISK ASSESSMENT..........................................................................................15
Development of a risk assessment instrument.........................................................15
Main components....................................................................................................16
CHAPTER IV - THE PROBATION SERVICE DURING THE PHASES OF
A CRIMINAL PROCEEDING......................................................................................................17
Steps of the standard procedure for conditional release...................17
Case study conditional release.............................................................................19
steps of the standard procedure for home detention...........................19
Home detention........................................................................................................21
CHAPTER V - COOPERATION WITH OTHER INSTITUTIONS.......................................................22
Organs of central and local government...................................................................22
Information box - The function of the community in society.....................................23
Cooperation with the State Police............................................................................23
2
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER VI - COOPERATIVE NETWORK FOR HANDLING THE NEEDS OF

A CONVICTED PERSON.........................................................................................................24
Action +..................................................................................................................24
Emanuel Community................................................................................................24
Foundation Resolution of Conflicts and Conciliation of Disputes (FRCCD)..............24
Centre of Integrated Legal Practices and Services (CILPS).......................................24
Activity of the Tirana Legal Aid Society (TLAS).........................................................25
The multifunctional community centre in Gjirokastra...............................................25
ARSIS Association for Social Support of Youth .....................................................25
MURIALDO Social Centre......................................................................................25
PRTHYERJA Association......................................................................................25
CHAPTER VII JUVENILE OFFENDERS ON PROBATION...........................................................26
Juveniles during the phase of the execution of the decision.....................................26
Juveniles and work in public interest ......................................................................27
Case study: Work in public interest..........................................................................28
CHAPTER VIII ELECTRONIC MONITORING............................................................................29
What is electronic monitoring?................................................................................29
Who may be monitored electronically?....................................................................29
How does electronic monitoring work?....................................................................29
What happens in case of breach of obligations?......................................................30
What are the benefits?.............................................................................................30
CHAPTER IX PROBATION SERVICE AND FOREIGN CITIZENS.................................................31
CHAPTER X - STRUCTURE AND TERRITORIAL JURISDICTION OF THE
PROBATION SERVICE.............................................................................................................32
Information box - AMNESTY LAW..........................................................................33
Training of the Probation Service Staff.....................................................................34
CHAPTER XI - STATISTICS......................................................................................................35
Summary statistics..................................................................................................35
Statistics for 2012...................................................................................................35
Statistics for 2013...................................................................................................37
Quick facts

Since the start of the Probation Service in May 2009 up to December 2013, the Probation Service has
supervised 9356 convicted persons, whose prison sentence has been replaced with an alternative
sentence.
For the year 2013, the Probation Service has sent: to the courts 587 evaluation reports of social
circumstances of persons sentenced to imprisonment who seek conditional release or home
detention, and to the prosecutor offices 216 evaluation reports about persons under investigation,
or persons who are defendants.
For 1145 convicted persons, the process of supervision has ended in 2013
3
PROBATION SERVICE
BULLETIN 3 - 2012-2013
GENERAL DIRECTORATE OF THE PROBATION SERVICE
Jordan Misja Street, at the Court for Serious Crimes, Tirana, Albania
Tel: +355 4 2227928
e-mail: sekretariadpshp@sherbimiproves.gov.al
Website: www.sherbimiproves.gov.al
Contact information for local offices:
PROBATION SERVICE - SHKODR
Block 3 Heronjt, Sknderbeg Street, across from Kolping, Second floor

Tel. + 355 22 241990
e-mail: zvshpshkoder@sherbimiproves.gov.al
PROBATION SERVICE LEZHA
Block Sknderbeg, Building Former Soldiers House, Second floor

Tel. + 355 215 23661
e-mail: zvshplezhe@sherbimiproves.gov.al
PROBATION SERVICE - DURRS
Block No.1, Commercial Road, by the Seaport

Tel. + 355 52 229756
e-mail: zvshpdurres@sherbimiproves.gov.al
PROBATION SERVICE TIRANA
Jordan Misja Street, at the Court for Serious Crimes

Tel. + 355 4 2232852
e-mail: zvshptirane@sherbimiproves.gov.al
PROBATION SERVICE ELBASAN
Block Brigada 17 Sulmuese, 11 Nntori Street, at the Prefecture premises

Tel. + 355 54 258901
e-mail: zvshpelbasan@sherbimiproves.gov.al
LOCAL OFFICE FIER
Block Kastrioti, Brigada XI Sulmuese Street, Former Accounting Building, Fourth floor
Tel. + 355 34 23591
e-mail: zvshpfier@sherbimiproves.gov.al
PROBATION SERVICE KORA
Republika Boulevard, at the Prefecture premises, Kora

Tel. + 355 8 2257916 / 247434
e-mail: zvshpkorce@sherbimiproves.gov.al
PROBATION SERVICE GJIROKASTR
Qafa e Pazarit Street, Regional Council Building, Second floor, Gjirokastr

Tel. +355 84 267836
e-mail: zvshpgjirokaster@sherbimiproves.gov.al
LOCAL OFFICE MAT
Pjetr Budi section of the city, Kont Urani Street, at Disrict Court of Mat
Tel. +355 217 23537
e-mail: zvshpmat@sherbimiproves.gov.al
LOCAL OFFICE KUKS
Former Soldiers House, fourth floor

Tel. +355 242 24507
e-mail: zvshpkukes@sherbimiproves.gov.al
PROBATION SERVICE VLOR
Block 10 Korriku, amria street

Tel. +355 33205177
e-mail: zvshpvlore@sherbimiproves.gov.al
LOCAL OFFICE BERAT
Republika Boulevard, at Regional Council premises

Tel. +355 322 34470
e-mail: zvshpberat@sherbimiproves.gov.al
4
BULLETIN 3 - 2012-2013
PROBATION SERVICE
FOREWORD
This bulletin presents the work of the Probation
Service to justice system operators such as
judges, prosecutors, police officers, prison staff,
representatives of international organizations, and
local government officials.
The justice system operators and the public are now
aware that the reform in the system of execution
of criminal sentences by establishing a Probation
Service in our country has significantly improved the
restorative justice.
The strengthening of the role of the Probation Service has started to produce positive effects,
which are unavoidably related with the rehabilitation of the persons in conflict with the law,
reduction of recidivism and economic costs related with sentences served in the education
system and prisons.
Assessing offenders risk and assisting them in their re-integration in the society requires
probation officers to have special knowledge and qualifications, and get continuous training.
In cooperation with the Ministry of Justice, Delegation of the European Union, OSCE Presence in
Albania, and UNICEF Albania, the Probation Service has carried out a number of training activities.
The Probation Service will continue to develop such activities not only for the specialists of
this service, but also for other operators of the justice system, who are closely related with this
service, with a view to ensuring the continuous improvement of their professional capacity and
accountability.
The achievements that the Probation Service has had so far encourage the specialists of this
service in overcoming their daily difficulties at work.
A successful implementation of alternative sentences requires a considerable engagement
and maximum commitment by all the stakeholders of the justice system and beyond. In this
aspect, I have to acknowledge that there is still a lot to be done to increase the cooperation and
coordination with these stakeholders.
I am confident that this publication will give an opportunity to all those interested to learn about
the excellent work by the Probation Service in Albania, and to see that a lot remains to be done
for enhancing the rule of the law through a better functioning Probation Service.
Ilir Qafa
Director General
General Directorate of the Probation Service
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Foreword by Ambassador Florian Raunig

Head of the OSCE Presence in Albania
Dear Reader,
It is with great pleasure that I introduce this Probation Bulletin,
produced by the Albanian Probation Service in co-operation
with the OSCE Presence in Albania as part of an OSCE project
entitled Effective Probation Practice in Albania.
This Probation Bulletin seeks to provide an overview on the
work of the Probation Service in Albania in 2012 and 2013,
focusing on the role of the Probation Service during all phases
of criminal proceedings, especially during the supervision
phase of offenders within the community. It is intended for judges, prosecutors, police officers,
prison staff, local government, representatives of nongovernmental organisations and others
interested in the work of the Probation Service. More specifically, we hope that as judges gain
a better understanding of the work and the expertise of probation officers, they will make
increased use of alternatives to imprisonment.
OSCE participating States have recognized that a functional probation service is an important
part of a modern criminal justice system, which contributes to the rule of law. An increased use
of alternatives to imprisonment has been proven to reduce overcrowding in prisons, as well
as decrease the costs and negative effects of unnecessary imprisonment. The social inclusion
of offenders through community sanctions and measures is a step forward in guaranteeing
communities safety. The establishment of the Albanian Probation Service in 2009 represented
a major reform of the countrys criminal justice system, along the lines required by international
rules and OSCE standards.
The OSCE Presence in Albania has been actively involved in supporting the Ministry of Justice
in the establishment and development of a Probation Service in Albania, and it has been
encouraging to see the many achievements of the Probation Service over the past five years. In
co-operation with our national partners, the Presence has implemented a number of activities,
ranging from capacity building for probation officers to training for judges and prosecutors. We
have also developed practical guides and manuals to assist the work of these professionals as
it relates to the probation system.
I am pleased that the co-operation between the OSCE Presence and the Probation Service has
contributed to the achievements of this new institution. However, challenges remain in terms of
developing a uniform and effective Probation Service.
Firstly, it is important to bring Albanian legislation and practices in this particular field into full
conformity with the countrys international commitments and with European standards for a
modern and efficient criminal justice system. Supervision should not be seen purely as a control
measure, but rather as a means of advising, assisting and motivating offenders. Supervision
must aim to meet the offenders needs for a smooth transition back into society, especially
as regards employment, housing and education. It should also ensure compliance with court
6
BULLETIN 3 - 2012-2013
PROBATION SERVICE
conditions, to reduce the risks of reoffending and to help individuals become law-abiding
citizens.
Secondly, the execution of alternatives to imprisonment requires the involvement of all justice
actors. As such, further focus is needed on improving co-operation between the Probation
Service, prosecution offices, courts, local governments, and civil society.
Thirdly, the Probation Service must be able to deliver equal services in all parts of the country.
The establishment of regional probation offices in each district would help achieve this goal.
I sincerely hope that you will make use of this bulletin in your work, and that it will serve to
inspire you in contributing to a fully functioning probation system in Albania.
Ambassador Florian Raunig
Head of OSCE Presence in Albania
Tirana, January 2014
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER I PROBATION SERVICE IN ALBANIA GENERAL OVERVIEW

The Probation Service, a well-established institution now in the country, offers valuable help to the
criminal justice system. The offenders who benefit from alternative sentences are a lot more able to
be part of the society in an active and productive manner.
The execution of alternative sentences is a complex process that requires professionalism and
dedication by the probation officers, who, in cooperation with the central government bodies, local
government units, various NGOs, and other services, manage to help offenders re-integrate in the
society.
As they work with commitment and attention with the offenders, who are in many ways vulnerable,
they get positive and supportive messages, increase their self-confidence and conviction that they
are valuable, and have a chance to change lives through the right action and choice.
Both the international and national organizations are aware of how important it is to involve the
community in the execution of criminal offences, and of what the community may offer to the
offenders. To foster cooperation, the Probation Service has organized a series of round tables with
non-profitable organizations providing services like conflict mediation, vocational training courses,
rehabilitation to drug addicts, assistance to juvenile offenders, treatment of specific needs, etc. Such
cooperation has generally proven to be successful.
In order for the Probation Service to improve its work effectiveness, role, and services, it needs
to increase its cooperation with other organizations in offering such services to the offenders that
make them feel part of the society.
Purpose of the Probation Service

The purpose of the Probation Service is the prevention of recidivism (a repetition of the criminal
offence) and protection of the community, assistance and consultation for the successful reintegration
into the community and the re-socialization of persons who commit criminal offences.
Through a preliminary evaluation, a probation officer builds a plan for a psycho-social treatment for
persons who benefit from an alternative measure through
supervision for a probation period from 18 months to five
years, according to legal definitions. The Probation Service is
to supervise and support the implementation of alternative
measures to detention, assist convicted persons to fulfil
the obligations that come from an alternative sentence,
overcome the difficulties towards their social reintegration,
and help make positive changes in their lives.
Alternative measures to detention

In the context of the Albanian justice system, alternative sentences were first introduced in the
Criminal Code of 1995, but the definitions were amended and improved after a review in the year
2008, in relation to Alternatives measures to detention. The latest amendments created more
space for the implementation in practice of the alternative sentences to imprisonment, and led to
the need for establishing a Probation Service.
What is common to alternative measures is that unlike in the case of a prison sentence, the sentence
is served not in isolated environments. A sentence of imprisonment was seen in the past as the best
8
BULLETIN 3 - 2012-2013
PROBATION SERVICE
way to increase the security of the community and punish criminal actions, aiming at reducing or
eliminating them. Best practices and the experience of developed countries have confirmed that
severe repressive policies do not guarantee a reduction of criminality. The results of rehabilitation
and reintegration through isolation in prison have been mixed, that is, it has not always yielded the
desired effect, opening thus new horizons and moving the emphasis from punishment to treatment,
or in other words, from punishment for the criminal offence to treatment of the offender.
Alternatives to detention are also a better way to have differentiated treatment of convicted persons
according to vulnerable groups, which include juveniles, women, the elderly, the mentally ill, drug
addicts, persons who have health problems requiring specialised treatment, and convicts who have
parental responsibility for children who will not otherwise have parental care.
For those groups, the results of imprisonment can have consequences that do not contribute to their
rehabilitation and reintegration, and the detention may cause irreparable damage that could have
quite the opposite effect.
Information box 1 - Obligations

During the probation period, while serving one of the alternative sentences, the convicted persons
should fulfil the obligations provided in Article 60 of the Criminal Code: 1) exercise a professional
activity or receive education or professional training; 2) utilise payment and other income or assets to
meet financial obligations; 3) reimburse the civil damage caused; 4)shall be prohibited from driving
designated vehicles; 5) may not exercise professional activity, when the criminal offence is related to
that activity; 6) may not attend designated places; 7) may not attend premises that serve alcoholic
beverages; 8) stay in his residence at designated hours; 9) may not be associated with designated
persons, primarily convicted persons or collaborators in the criminal offence; 10) may not possess,
keep or use weapons; 11) medical treatment or rehabilitation in a health institution or submission to a
programme of treatment, medical treatment or rehabilitation; 12) give up the use of alcohol and drugs.
According to the verdict in the judicial decision, the Probation Service shall supervise the fulfilment
of those obligations, creating treatment programmes that correspond to the needs of the convicted
person. Once the reasons and incentives for committing the criminal offences, as well as the
underlying personal, family or social and economic factors are identified, it becomes possible for
the treatment to be geared to improve those specially identified factors.
Information box 2 - Violation of the obligations

If the convicted person rigorously fulfils the obligations imposed by the court, it may be said that the
alternative sentence has achieved its educational purpose, reducing also the social dangerousness
of the offender and enhancing security in the community.
If, during the probation period, the convicted person commits another criminal offence or violates
the obligations or conditions set by the court, the Probation Service shall notify the prosecutor, also
setting out the respective proposals. That is, the Probation Service plays a principal role to identify
the behaviour of the convicted person and report to the prosecutor about it.
CONVICTED
PERSON
PROBATION
SERVICE
violation of obligations
imposed by the court
PROSECUTORS
OFFICE
verifies causes
report non-compliance
giving warning to the

convicted person
request to the court for
revocation
COURT
substituting / changing /adding
obligations
revocation of the alternative
sentence
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Increase of public safety

Alternative sentences to imprisonment are considered as community sentences. They are,
therefore, useful as they combine punishment with the possibility for the offenders to stay away
from crime. This is good for them, and especially for the community.
Reduction of recidivism
Community sentences aim to punish, change, control, and help the offenders meet their needs.
A very effective way to change the behaviour of persons that commit criminal offences is their
involvement in a comprehensive treatment programme. Statistics show that these programmes
reduce their relapse into criminal activity, as they provide offenders with ways to solve their
problems and stay away from criminal behaviour in the future.
Who benefits?
Community sentences do not mean escaping from the system of criminal justice. Those persons
subject to alternative sentences are not entirely free, as they have to face restrictions of their
freedom under the supervision of the Probation Service for a period from 18 months to 5 years,
work in the public interest or meet other obligations imposed by the court.
Potential victims of crime
For many offenders, to reduce recidivism, through community sentences, including shorttime sentences, has proven to be a more effective punishment than imprisonment. This
means that the application of community sentences for this category of offenders may
potentially lead to less victims of crime in our community.
Local government
Unpaid work for a local government unit consists in repairing a damage that the offender
has caused to the community where he lives. Unpaid work may be done in areas like
cleaning, gardening, maintenance of public spaces, and green areas. This requires a strong
commitment to making the community a better place to live.
Taxpayers
According to the General Directorate of Prisons, keeping an offender in prison costs the
state 766 500 (seven hundred and sixty six thousand and five hundred) lek per year.
Imprisonment, however, is not always the most appropriate sentence for criminal offenders.
Alternative sentences are more effective than short-term imprisonment when it comes to
reducing recidivism. Punishment should also be such that it brings benefits in several
areas at the same time, including both reduction of recidivism and a more efficient use of
taxpayers money.
10
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Offenders
Recidivists do not often understand the destructive effects that their offences have on their
victims, and they may start a process of self-reformation when they are forced to face the
damage and the disturbance they have caused. Others lack the necessary capacity to help
themselves, and once they have to face the problems and chaos in their lives, they may
return to crime.
Being placed under various supervision programmes may make many offenders face the
consequences of their crimes. The origin of their criminal behaviour is the most difficult
and the most important part of their punishment.
Information box 3 - Criteria for being entitled to alternative sentences?

Semi-liberty
up to 1 year of imprisonment
Suspension of execution of sentence and

placement under probation
up to 5 years of imprisonment
Home detention
up to 2 years of imprisonment
Suspension of execution of sentence and

work in public interest

up to 1 year of imprisonment
(40-240 hours)
Conditional release
up to 5 years 2/3 of punishment

up to 25 years 3/4 of punishment
11
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER II - PRINCIPLES AND CONCEPTS AT THE HEART OF THE PROBATION SERVICE

The activity of the Probation Service is based on the principles of legality, objectivity and
respect for human rights and freedoms. The Probation Service assures that there will be no
discrimination in its activities on the basis of race, colour, gender, language, nationality, ethnicity
or social origin, political views, religion, physical or mental conditions, economic status or any
other status.
During its activity, the Probation Service respects the dignity of the person under investigation,
defendant or convicted person and tries to develop a sense of responsibility in the convicted
person toward the community and the victim, as well as to support and encourage the social
reintegration of the convicted person through a correct attitude toward work, the rule of law and
the norms of social interaction.
Responsibilities of the Probation Service

Contributes to identifying the sanctions and measures imposed by the legal organs,
while the criminal proceeding is going on

Implements the execution of court decisions that impose on criminally sanctioned

persons respect for a number of measures and the carrying out of a number of
obligations

Maintains continuous relations with the courts and prosecutor offices, informing
them on the compliance with the imposed measures and obligations by
the criminally sanctioned persons
Provides support to persons sanctioned criminally in order to overcome particular

needs they face and which could again be the causes of criminal offences
Involves the community in the process of supervision and reintegration of criminally

sanctioned persons who are in a probation period
Information box 4 PROBATION SERVICE, Member of CEP

CEP, the European Organization of Probation was founded in 1981. The Organization aims to promote
the social inclusion of offenders through community sanctions and measures such as probation,
community service, mediation and conciliation. CEP is committed to enhance the profile of probation
and improve professionalism in this field, on a national and European level.
CEP, therefore, promotes pan-European cooperation by organizing conferences on actual topics in
probation.
Through the reports on these events, a digital newsletter and its website, CEP stimulates the
exchange of ideas on probation. Hence, it gives a significant contribution to the development of
community sanctions and measures.
Its members are organizations working in the field of probation and interested individuals, who
bring together a unique network of expertise about positive ways of working with offenders in the
community without resorting to severe sanctions.
To European bodies such as the European Union and the Council of Europe, CEP is the spokesperson
for the sector of probation, providing expertise and comparative data, being thus the voice of
probation in Brussels.
Since 8 October 2013, the Albanian Probation Service is a full member of this organization, along
with its 37 European member countries.
12
BULLETIN 3 - 2012-2013
PROBATION SERVICE
What does the supervision of a case mean?

The object of supervision is the identification of the social needs of the persons who are
supervised and the factors that breed crime, with a view to evaluating the risk of repetition of
the criminal offence, monitoring the case in which the supervised person respects the measures
and obligations established by the court, motivating the supervised person to become involved
in the process of changing his behaviour, implementing pro-social behaviour and maintaining
it, as well as support to overcome the needs identified during the evaluation, by enrolling the
convicted person in a programme of assistance and counselling.
A probation officer verifies the obligations imposed by the court on the convicted person. It is
expected that the person will fulfil all of them. These can be of the most varied kinds, principally,
work in the public interest, participation in educational activities or respecting measures of
checking, assistance and treatment in detoxification cases. To monitor fulfilment of these legal
obligations, cooperation and good understanding should exist between the probation officer
responsible for the case and the convicted person, regardless of the place where the obligation
is to be carried out (that is, whether it is the office of the Probation Service, the work place or
the residence).
Assistance and counselling

Supervision is carried out individually as well as in a group, for example, with convicted persons
who do not have the appropriate capacity to find a place of work, a residence, to take part in a
training course or receive professional qualification. There will be counselling in some of these
cases, in such a way that the convicted persons will find the appropriate motivation and learn to
respect social norms. So far as concerns work with convicted persons who are drug addicts, the
Probation Service evaluates the nature of the addictions, both in the phase of preparation of the
evaluation report as well as during supervision. Persons that are supervised may be assisted or
counselled, only at their request. Those activities are available both when serving a sentence in
the community, as well as when serving the sentence in prison.
Evaluation
The evaluation of the risk of recidivism is a constant process, which includes developing
predictions about the possibility of criminal behaviours, the frequency of those events, the
types of behaviours and the potential victims of those actions. In order to evaluate the risk
of recidivism, the probation officer uses information related to the social environment of the
person, the history of his life, his behaviour before and after the commission of the criminal
offence, his general behaviour and other facts.
Treatment
The Probation Service draws up and prepares an individual programme for the execution of
the court decision that suspends a sentence of imprisonment and puts the convicted person
on probation. This programme defines the measures and obligations of the convicted person
during the execution of the sentence, the measures and obligations imposed by the court and
the ways used to assure that they are fulfilled, the social needs and purposes defined to deal
with them, the danger of a repetition of the criminal offence, the danger of a violation of public
security as well as the possible suicide or self-injuring of the convicted person, the methods of
intervention proposed to meet the needs identified and to reduce the risks, as well as the date,
place and frequency of meetings.
13
PROBATION SERVICE
BULLETIN 3 - 2012-2013
A convicted person is important

It is the intention of the Probation Service to fulfil the needs of the convicted persons. During
the period of supervision, in the majority of cases, convicted persons express repentance for
having committed the offence. The work of the probation officer, therefore, consists in reducing
the recurrence of the criminal offences.
Information box 5 The perspective of a probation officer

M.Sh., Lawyer in the General Directorate of Probation Service.
Do I support the application of alternative sentences?
Absolutely. Most of the offenders are not willing to face the
consequences of their action. Suffering the punishment in prison
may give them time to reflect, but short-term imprisonment does
not change their behaviour.
Alternative sentences combine punishment with treatment,
teaching offenders how to resist social pressure and gain new skills. The community may adopt
to the offenders needs making them understand the impact criminal offences such as stealing,
violent theft, and motor vehicle theft may have on the community.
We encourage the offenders towards becoming aware of their needs and ways to stop being a
danger to the community, and start becoming a useful part of the society. This is hard work. We
are helping offenders break their crime cycle. If they fail to take this programme seriously, they
will be subject to more severe sentences.
We have to direct their behaviour towards the positive social factors in their lives. It is not that
they woke up one morning and decided to commit a crime. Through programmes, we identify
the fields of intervention, so that these offenders realize that this is wrong and learn to live with
the rest of the community and respect them.
14
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER III RISK ASSESSMENT

To assess the risk posed by adults, who are subject to an alternative sentence, as well as
adults for whom an evaluation report is requested by the courts and prosecutors, the Probation
Service applies a regular and important evaluation, i.e. offender profiling, which helps identify
the areas where the Probation Service should intervene. This instrument is used by probation
officers as a unified system to analyse the social circumstances of a person under investigation,
a defendant, or an offender, to evaluate their personality by identifying the factors that have
prevented them from having a normal social life, as well as the areas of intervention for the
offenders social re-integration. This instrument is compiled in compliance with the Albanian
legislation, Decision No. 302/2009 of the Council of Ministers, and guarantees the principle of
legality and respect for fundamental human rights and freedoms. The results obtained by this
instrument are used by probation officers to give recommendations to courts and prosecutors
about the persons for whom an evaluation report is compiled, as well as for developing an
Individual Treatment Program for offenders under supervision.
Development of a risk assessment instrument

The decision to develop an assessment instrument was taken by combining the statistical and
dynamic factors in order to:

Estimate the chances for reoffending

Identify and classify criminogenic needs
Assess risk for serious damages, risk of self-injury, and other risks like:
-
-
-
-
cause serious harm to others

cause harm to prisoners or prison staff
risk of escape/theft, control, or violation of trust
face risk because of own weakness
Assist risk management

Combine assessment with the risk management plan
Indentify needs for other more specialised assessments
Serves as an indicator for measuring change during the alternative sentence period.
Given these objectives, this assessment instrument is highly important for the practitioners,
managers and scientific researchers. The main purpose of this instrument for its practitioners is
to improve the quality and compliance of assessment with the supervision plan. The conclusions
reached by this instrument is mandatory for giving recommendations to prosecutors/courts on
persons under investigation/offenders for whom an evaluation report is requested, as well as
for persons under supervision for whom an Individual Treatment Program is developed.
The benefits of this system include:
a) Gives evidence to support decisions on risk and need management;
b) identifies dynamic risk factors that need to be addressed to reduce recidivism;
c) helps specialists think about offenders within a given context, why they commit criminal
offences, how motivated they are to change and what obstacles they face in committing
themselves to change.
Managers may use the system data in planning their resources for effectively evaluating their
intervention methods. Scientific researchers, on the other hand, may consult a large number of
these standardized quantitative and qualitative data for raising a series of questions that need
to be explored at the local and national level.
15
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Main components
The main components of the risk assessment instrument are:
1. Risk of reoffending and factors related with criminal behaviour
The instrument of risk assessment consists of 12 sections related with the criminogenic needs.
These sections include: (i) general data; (ii) an analysis of the criminal offence; (iii) living conditions;
(iv) education, training and employment; (v) economic conditions; (vi) relationships; (vii) lifestyle;
(viii) drugs; (ix) alcohol; (x) emotional state; (xi) thinking and behaviour; and (xii) attitude. Most
of the sections contain historical and dynamic information, and various studies have shown that
there is a close link between each section and the risk of reoffending. Sections, however, differ as
to what extent they may predict the likelihood of reoffending depending on the risk evaluation. At
the end of each section there are questions, which allow the assessor to establish links between
the factors related with a criminal offence and the risk for serious harm, self-injury, other risks,
and criminal behaviour.
2. Risk of serious harm, self-injury, and other risks
This instrument assesses how likely an offender under investigation is to cause serious harm by
synthesizing the used information in a systematic and inclusive manner. This allows the assessor
to make a judgement based on the respective issues, regarding the main points.
3. A summary page of the assessment instrument
A summary in the end gives an assessor the possibility to take the main pieces of information from
the assessment of an offender under investigation, and integrate it in a score-based evaluation
system.
4. Risk management plan
The component of the risk management plan enables a link between the risk management
plan and the offenders assessment. Integrating this plan in the assessment instrument gives the
assessor the possibility to link these two parts for better management a given case.
5. Self-assessment
The purpose of using a series of well-structured questions is to get a clear picture, allowing
offenders to give their views on how they see their lives. The questionnaire may identify issues,
which an offender might not have discussed during the interview, and which might be worth
discussing.
This instrument has always proven useful in cases of adult offenders under supervision,
for whom the court or the prosecutor has requested an evaluation of their social and family
circumstances. This enables the professionals to use efficient legal instruments in their work
for assessing every concrete case, and for ensuring good case management with a view to
offenders re-integration and analysis of all the factors related with a committed offence and
risk of reoffending, for which an evaluation report is needed.
16
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER IV - THE PROBATION SERVICE DURING THE PHASES OF A CRIMINAL

PROCEEDING
The Probation Service submits information and reports to the prosecutor or the court and assists
in the execution of the alternatives to detention, as illustrated in the following table.
Pre-trial
phase
Drafting evaluation reports for the prosecutors
office during the investigative phase
Drafting evaluation reports for the prosecutors

office when the prosecutor has made his final
charge in court
During the
trial and
implementation
of the decision
Drafting evaluation reports for the court
Supervising, assisting a convicted person whose

imprisonment is suspended and who is put on
probation
Supervising/organising community service
Mediating to resolve conflicts between the

defendant/convicted person and the victim
Supervising treatment programmes for drugs or
alcohol users
After the
end of the
alternative
sentence
Supervising/assisting conditionally released

persons
Supervising/assisting those given home

detention
Supervising other obligations imposed by the

court
Organising /supervising those sentenced to

semi-liberty
Preparing reports for the prosecutor about

failure to fulfil the obligations
STEPS OF THE STANDARD PROCEDURE FOR CONDITIONAL RELEASE

A person sentenced to imprisonment has the right, in conformity with Article 64 of the Criminal
Code, to submit a request for conditional release to the court of the place of execution of the
sentence. The request is examined by a single judge, different from the one who rendered the
decision of a prison sentence.
Step I Fulfilment of the legal conditions
A person sentenced to imprisonment may be conditionally released only for special reasons,
17
PROBATION SERVICE
BULLETIN 3 - 2012-2013
if he shows, by his behaviour and work, that with the sentence served, the purpose of his
education has been achieved, and if he has served:
- no less than half of the sentence given for a criminal offence;
- no less than 2/3 of the sentence given for crimes with a sentence of up to five years
imprisonment;
- no less than 3/4 of the sentence given for crimes with a sentence of from five to 25 years
imprisonment;
- and provided that he is not a repeat offender of wilfully committed crimes
Step II File of the convicted person
The prison where the convicted person is serving his sentence submits a copy of his personal
file and a report about him to the convicted person. The report specifies the nature of the
criminal offence committed, the attitude of the convicted person toward the criminal offence
and the victim or the family of the victim, and the physical and psychological situation of the
convicted person and the dynamics of his behaviour in prison.
Step III Court request for an evaluation report
The court asks the Probation Service to submit an evaluation report about the family conditions
and social background of the convicted person, as well as concrete plans to enable his full
reintegration after release.
Step IV Preparation of the evaluation report
The Probation Service prepares the report based on two or more meetings with the person;
it contacts the members of his family as well as every person and institution that might have
useful information about his education, employment, housing, behaviour, health and social and
family circumstances.
The report specifies the nature of the criminal offence committed, the attitude of the convicted
person toward it and the victim or the family of the victim, any prior criminal offence committed
by him, his physical and psychological condition, and the dynamics of his behaviour in prison.
Step V Delivery of the evaluation report
The evaluation report is delivered by the Probation Service to the court with the respective
recommendations.
Step VI - Court decision
When the court decides the conditional release of a person, it sends the decision to the
prosecutor of the court of the judicial district where the convicted person will live after his
release and to the prison where he is serving his sentence.
Step VII Order of execution of the court decision
The prosecutors office issues an order of execution, to be implemented by the Probation
Service.
Step VIII Supervision of the conditionally released person
The Probation Service regularly contacts the conditionally released person, supervising the
fulfilment of the conditions and obligations defined in the order of execution according to the
court decision. The Probation Service prepares and follows the implementation of an individual
treatment programme, assisting and counselling the conditionally released person (the
convicted person) on fulfilling those obligations.
When necessary, the Probation Service shall cooperate with the local government and the State
18
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Police for supervising convicted persons.

The Probation Service may ask the prosecutor to change one or more duties of the conditionally
released person when he is not in a condition to fulfil them or in case of violations of the
conditions and obligations by the convicted person (Report of non-fulfilment). During the time
of probation, the convicted person must:
a) appear regularly before the Probation Service and inform it on a continuing basis of the
fulfilment of the conditions and obligations set by the court.
b) obtain the consent of the Probation Service for changing his residence or place of work
or for frequent movements within the country.
Step IX Final report

The final report on the full conclusion of supervision of the probation period is prepared by
the supervising probation officer, approved by the director of the local office of the Probation
Service and sent to the prosecutor who has issued the order of execution, as well as informing
the General Director of the Probation Service and the directors of the respective prosecutors
office. This report contains a summary of the progress made during the period of supervision
and the extent to which the obligations imposed by the court have been fulfilled. It sets out the
respective recommendations as well. Based on the above, the prosecutors office notifies the
court and announces the conclusion of the order of execution of the court decision.
Case study Conditional release

M. . has served 13 years of imprisonment and has applied for the alternative sentence of
conditional release. The imprisonment period helped her understand the damage to herself
and the seriousness of her offence. The life of her family changed significantly because of her
offence, as after her arrest, her three children were institutionalized in a childrens home.
After her conditional release and placement under the supervision of the Probation Service, her
family could unite again, and her parental presence improved the situation in the family and
her childrens psychological well-being. Work has also been done for the offender to reflect on
her behaviour and values so that she may responsibly choose a pro-social life as an alternative.
STEPS OF THE STANDARD PROCEDURE FOR HOME DETENTION

Step I Fulfilment of the legal conditions
For sentences of imprisonment up to two years, or when the time remaining of a longer sentence
is less than two years, the court may decide for the sentence or the remaining part of it to be
served by home detention, or detention in another private house or in a centre of care and
public health, when the following circumstances exist:
a) For pregnant women or mothers with children under 10 years old who live with them
b) For fathers who have parental responsibility for a child under the age of 10 years who lives
with them, when the childs mother has died or is incapable of caring for the child.
c) For persons with serious health conditions that require continuing care from the health
service, outside of the prison.
) For persons over 60 years of age who are incapable in terms of health.
d) For young people under 21 years of age who have documented health, study or work needs
or family responsibilities.
19
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Step II File of the convicted person (when Home detention is given as the remaining
part of the sentence)
The prison where the convicted person is serving his sentence submits a copy of his personal file
and a report about him to the convicted person. The report specifies the nature of the criminal
offence committed, the attitude of the convicted person toward the criminal offence and the
victim or the family of the victim, the physical and psychological situation of the convicted
person, and the dynamics of his behaviour in prison.
Step III Court request for an evaluation report
The court asks the Probation Service to submit an evaluation report about the family conditions
and social background of the convicted person, as well as concrete plans to enable his full
reintegration after being given the alternative sentence of Home detention.
Step IV Preparation of the evaluation report
The Probation Service prepares the report based on two or more meetings with the person;
it contacts the members of his family as well as every person and institution that might have
useful information about his education, employment, housing, health and family circumstances.
The report specifies the nature of the criminal offence committed, the position of the convicted
person towards it and the victim or the family of the victim, any prior criminal offence committed
by him, his physical and psychological condition, as well as the dynamics of his behaviour in
prison.
Step V Delivery of the evaluation report
The evaluation report is delivered by the Probation Service to the court with the respective
recommendations.
Step VI Court decision
The court may permit the person sentenced with Home detention to leave his residence to
meet essential family needs, to deal with work or education or for programmes of rehabilitation.
In this case, the court determines the obligations that the Probation Service should supervise.
The court sends the decision to the prosecutor of the court of the judicial district where the
convicted person lives and to the prison, if it is a case of release from prison.
Step VII Order of execution of the court decision
The prosecutors office issues an order of execution, to be implemented by the Probation
Service.
Step VIII Supervision of the alternative sentence
Supervision of a person sentenced to Home detention should be done regularly by the Probation
Service, agreeing on and signing an individual treatment programme. When necessary, the
Probation Service notifies the local organs of the State Police and cooperates with the organs
of local government. If the convicted person leaves his residence without authorisation of the
court or violates the obligations set in the court decision, a report of non-fulfilment is prepared
and the court revokes Home detention, substituting another sentence for it.
Step IX Final report
The final report on the full conclusion of supervision of a person sentenced with Home
detention is prepared by the supervising probation officer, approved by the director of the
20
BULLETIN 3 - 2012-2013
PROBATION SERVICE
local office of the Probation Service and sent to the prosecutor who has issued the order of
execution, as well as informing the General Director of the Probation Service and the directors
of the respective prosecutors office. This report contains, in a summary manner, the progress
of the period of supervision and the extent to which the obligations imposed by the court have
been fulfilled, as well as including the respective recommendations. Based on the above, the
prosecutors office notifies the court and announces the conclusion of the order of execution of
the court decision.
Home detention
B. was sentenced for Theft committed in collaboration and more than once and for Driving
without a licence and was put on probation for one year to home detention. The court decided
that B. may leave his residence only during school days to attend classes. Probation work with
B. during his supervision was focused on:
- controlling him and urging him to attend classes regularly;
- meeting with the teachers/psychologist to discuss the situation of the convicted person and
his educational needs, which may be addressed through the school programme;
- monitoring his performance, attendance, and behaviour in school;
- house calls, to be informed about the fulfilment of the obligations of the court decision by
the convicted person.
All these functions have been carried out to help the convicted person gain knowledge and
develop skills that will lead him to have a positive and productive life.
Currently, B. is 17 years old and he is attending the 3rd year in one of Tirana high schools. He
lives with his parents and brother. His grades, during this academic year, have been average
and he is motivated to go to university. There have been some problems with his life style
because he has been seeing people older than him and with a criminal history, which has
contributed to the criminal offence.
During the supervision, B. reacted positively to the alternative sentence and cooperated.
He understood how serious his inappropriate behaviour and actions were and observed the
timetable of home confinement. This helped him detach himself from his previous circle of
friends and commit to his education.
21
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER V - COOPERATION WITH OTHER INSTITUTIONS

As regards cooperation with other institutions, the cooperation of the local offices of the
Probation Service with the organs of the central and local government and the State Police
continued normally, according to the agreements entered into with them for the handling of
cases of supervision for those subject to alternative sentences. The purpose of the agreements
with the units of local government is to obtain jobs from them for persons, who live in their
community and whom the court has ordered, as an alternative measure, to work in the public
interest. There has been cooperation also for cases of persons subject to alternative sentences
in which local government is directly interested, for the purpose of guaranteeing public security
in the community, reintegration of the convicted person who is a member of that community
into society, as well as assistance to a convicted person to be re-integrated into the community.
Organs of central and local government

The Probation Service cooperates with the local authorities to support the convicted person
in fulfilling the obligations set by the court. For this purpose, the Probation Service has signed
memoranda of understanding whose aim is to help obtain jobs from them for persons who live
in their community and whom the court has ordered, as an alternative measure, work in the
public interest. There is also cooperation for cases of convicted persons given other alternative
sentences in which local government is directly interested, for the purpose of guaranteeing
public security in the community, reintegration of the convicted person who is a member of that
community into society, as well as assistance to a convicted person to be re-integrated into the
community.
The Probation Service has signed 244 memoranda of understanding with local government
bodies. Concretely, this includes agreements with 8 regional councils, 61 municipalities and 175
communes. Meanwhile, work and correspondence also continue for the signing of memoranda
of understanding with other municipalities and communes.
The social worker plays an important role in mitigating or eliminating

problems faced by individuals in life
The Probation Service has trained social workers, who work for the local government, to clarify
their role in relation to the convicted persons who benefit alternative sentence. The Probation
Service Officer, together with the social worker, decide what kind of work should be carried
out by the convicted person which might be work in the public interest - and support him/
her throughout the stages of the probation period. At the end of the probation, they provide the
convicted person with a certificate. As regards other alternative sentences to imprisonment,
cooperation with the local authorities lies also in the area of employment, housing, exchange
of information, etc.
The social workers often work with the community to coordinate a support system for the
convicted person after his/her release from prison:
Find a job
Provide food
Housing
Clothing
Transport
Establish connections with others
They provide counselling on the following:

Health
Parental responsibility
22
BULLETIN 3 - 2012-2013

PROBATION SERVICE
Self-esteem
Abuse of substances
Domestic violence
Family reunion
Information box - The function of the community in society

The role of the community in helping criminal justice and the Probation Service derives from
its own functions:
Socialisation: To create relationships with others and inform the individual, or group, about the
conventional rules accepted by the community. Socialisation also happens in the family, school
and through the media.
Social control: To exercise social control on individuals or groups who violate the rules accepted
by all, including their judgment and sentence.
Social participation: To participate in discussions about concerning issues and decisionmaking.
Joint support: To provide support for the individuals, households, or groups who are in difficult
situation or face various difficulties.
The community plays a very important role in executing the alternative sentence to imprisonment,
through the following:
Evaluation and management of the risk and damage

Provide information about the convicted person
Draft and implement compensation schemes for victims.
Reducing the possibility of re-involvement in crime
Provide therapeutic programmes for those convicted with a community-based

sentence
Provide support through services such as:
Accommodation
Economic aid
Exercising control
Guidance
Support the convicted persons through organisations or volunteers
Public protection
Cooperation with the police, prosecutors office, court
Establish prevention programmes in community
Participation of the community in the discussions about security and justice
Cooperation with the State Police

The Probation Service and the State Police have signed a Memorandum of Understanding for
inter-institutional cooperation. This MoU is very important for the Probation Service because
it enables the implementation of the tasks decided by the court. This cooperation between
the local offices with the regional police commissariats and directories has been very fruitful,
especially in finding and notifying persons whose mail address has been provided inaccurately
in the execution orders.
23
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER VI - COOPERATIVE NETWORK FOR HANDLING THE NEEDS OF A

CONVICTED PERSON
The Probation Service assists and supports convicted persons, who have problems with drugs or
alcohol, intervening and mediating in the resolution of the conflict between the convicted person and
the victim of the criminal offence, as well as cooperating with other institutions for the exercise of
its functions and activities. To help accomplish the supervision of treatment of specific needs, the
Probation Service cooperates with bodies that offer services and having experience in treating them.
Action +
The Memorandum of Understanding with Action + was signed on 23.03.2010. This cooperation
is ongoing.
The object of cooperation:
* Psychological-social support;
* Counselling and treatment provided by psychologists from the centre by means of
sensitising and taking measures for the prevention of narcotic and psychotropic substances,
with therapeutic programmes or other care;
* Assistance in social reintegration and in meeting the social needs and treatment of convicted
persons who are users of narcotic substances.
Emanuel Community
The Memorandum of Understanding with Emanuel Community was signed on 02.03.2011.
This cooperation is ongoing.
The scope of cooperation:
* Listening to and counselling young people and families;
* Therapy groups for treating drug dependency;
* Semi-residential reception for persons with drug dependency;
* Activities of a preventive nature regarding the use of drugs;
* Residential centres for persons with a high drug dependency;
* Professional training.
Foundation Resolution of Conflicts and Conciliation of Disputes (FRCCD)
The Memorandum of Understanding with Resolution of Conflicts and Conciliation of Disputes
was signed on 25.03.2010.
* Offering the service of mediation and restorative justice;
* The organisation of promotional, awareness-raising and training activities in the field of
restorative justice and the service of mediation;
* An intention to influence young age groups and other social groups of Albanian society
in promoting and educating about the values of understanding, constructive conflict
management, mediation, conciliation and tolerance.
Centre of Integrated Legal Practices and Services (CILPS)
The Memorandum of Understanding with this Centre (CILPS) was signed on 30.03.2010. This
cooperation is ongoing.
24
BULLETIN 3 - 2012-2013
PROBATION SERVICE

* Supervision of a community sentence, offering supervision for the execution of cases for
juveniles, as well as psychological support for them.
Activity of the Tirana Legal Aid Society (TLAS)
The Memorandum of Understanding with the Tirana Legal Aid Society (TLAS) was signed on
23.04.2010. This cooperation is ongoing.
* Offering legal and psychological support to convicted persons.
The multifunctional community centre in Gjirokastra
The Memorandum of Understanding with this Centre was signed on 24.05.2012. This
* Provide counselling programmes on the management of antisocial behaviour and violence,
psychological counselling, food, accommodation, professional training, individual or group
education.
ARSIS Association for Social Support of Youth
* Protection of the rights of children and youth through multi-disciplinary services for children
in difficult situation, victims of trafficking, exploitation, maltreatment, abuse, or any other
form of outrage of their rights.
* Prevention of social exclusion of the youth through planning and providing various support
services, in order to improve their living.
*Support, protection and enforcement service for children and youth who have experienced
serious difficulties in life, isolation, emigration, conflict, refusal, exploitation, etc.
MURIALDO Social Centre
* Promote vocational training through programmes, and educational, sports, cultural and
artistic activities.
PRTHYERJA Association
* Counselling programme on anger management.
25
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER VII JUVENILE OFFENDERS ON PROBATION

The Probation Service intervention focuses also on juveniles who commit criminal offences or
are under investigation/defendant. The Probation Service has treated a total of 1481 juvenile
offenders who are given one of the alternative sentences to imprisonment.
The Probation Service specialists draft evaluation reports about juveniles under investigation
for the prosecutor and evaluation reports for the court during the trial period and execution
of the decision. The purpose of the report is to assist the prosecutor/court to take a fair and
reasonable decision. The specialist should express his/her opinion in the report in an objective
and impartial manner, despite the attitude of the prosecutor or defence attorney. This opinion
should balance the best interest of the child with the best interests of the victim and community.
To draft the evaluation report, the Probation Service specialist should contact:

The child, and receive the necessary information

The childs family members
People from school or work place
Any other person who may provide useful information for the evaluation report.
Juveniles during the phase of the execution of the decision

The Individual Treatment Programme is drafted taking into consideration the age, highest
interest, psycho-social needs of the child and consulting the parents, custodian, defender or
other persons requested by the juvenile.
Juveniles under supervision are also included in the Stop-Think-Change Programme on
criminal behaviour. This programme deals with several cognitive gaps shared by the convicted
persons/juveniles. It aims at not only providing the juvenile offenders with the possibility to
understand their criminal behaviour and the problems related to this behaviour, but also help
them develop skills to solve problems and create strategies on how to avoid such criminal
behaviour in the future.
Special attention is given to juvenile offenders who had difficulties to fulfil the obligations set in
the court decision. The work with these juveniles is focused on raising their awareness about
the importance of serving the sentence and informing them about the consequences of failing
to serve the sentence.
A very important factor for a successful serving of the alternative sentence is to establish
contacts with the juvenile offenders family, because they help monitor and raise the awareness
of the juvenile during the time he/she spends at home.
The services provided for the families of these juvenile offenders are:
Establish initial contact and create relationships with the families.
Raise their awareness about the importance of the parental role in the successful
implementation of the obligations set by the court.
Deal with the communication problems between the parents and children and establish
healthy relationships.
The psychological counselling is focused on:
26
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Raise their awareness about the importance of serving the sentence

Inform them about the consequences of committing a criminal offence
Increase the sense of being correct and responsible about daily life obligations.
Establish healthy interpersonal relationships especially regarding problematic behaviour
towards authority figures.
Vocational courses: assistance and counselling to decide which vocational course will help
them develop the skills needed for working in the future.
There have also been cases of juvenile users of narcotics a direct or indirect need which
has driven them to commit a criminal offence.
Some of the reasons for using narcotic substances were individual, biologic, social,
environmental factors, etc.
The Probation Service specialists who work with juvenile users of narcotics prepare the
following:

Evaluation
Effective intervention styles
Supervision plan
Implementation of the supervision plan
Prevent regress and maintain change
A priority in the work with juvenile offenders was to establish contacts between the Probation
Service and schools, which resulted to be an effective intervention for young offenders,
including also juveniles in probation or sentenced with work in public interest. The purpose of
their work consists in: encouraging juveniles to attend school, monitoring their performance
and behaviour in school.
Juveniles and work in public interest

To ensure that a juvenile carries out the Work in Public Interest, the Probation Service
collaborates with several organisations for a structured intervention to provide specialised
services which match the needs of juveniles. Such collaboration is done also with NPOs, which
support juveniles who are sentenced with work in public interest. Efforts are made to have the
juveniles work as close as possible to his residence in order to help him carry out everyday
life functions normally. The work should also be appropriate to the age. The Probation Service
provides a coordinated service and exchanges information continually with NPOs, in order to
help a juvenile serve the sentence successfully.
Gil Fornet for UNICEF

27
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Case study: Work in public interest

G.Xh. was sentenced for the criminal offence of Theft in collaboration. The court decided that
the juvenile should do 100 hours of work in public interest. The Probation Service evaluated
the case, taking into consideration the residence of the juvenile, and referred the case in
collaboration with the municipal unit.
The work of the Probation Service focused on: monitoring his behaviour at work, informing him
continuously about the rights and obligations of alternative sentence, raising his awareness
about the importance of school and encouraging him to attend in order to enhance his positive
behaviour, counselling his mother to help her encourage the child to model a pro-social
behaviour, help improve their communication, as well as apply healthy parenting practices.
While working in public interest, the juvenile has also attended school, 7th grade. His family has
financial difficulties because the mother is unemployed and the income earned by the father is
not sufficient. This financial situation led G. to commit illegal actions. He lives together with his
mother and brother in a rented place, in difficult conditions, and does not have a stable residence
due to his parents divorce. It was difficult for him to adapt because of having to change his
residence place often. He spends little time with his family and has a low participation in social
activities.
G. completed his work in public interest successfully and has shown positive progress in school
and in his family life because his behaviour and life style have improved considerably.
28
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER VIII ELECTRONIC MONITORING

What is electronic monitoring?
Electronic Monitoring is one of the reforms of the Albanian criminal justice system which started
to be implemented in March 2013. Electronic Monitoring is done by the Probation Service.
Electronic monitoring is used for persons subject to:
Coercive remand orders (Criminal Procedure Code, points a, c, and d)
Alternative sentence (Criminal Code, Article 58, 59, 59/a and 64)
Complementary sentence (Criminal Code, Article 30, paragraph 7)
Protection orders or immediate protection orders (Law no.9669, dated 18.12.2006
On measures against domestic violence, as amended, Articles 17 and 19)
The restrictions set in the court decision, the supervision through the operational room,
established for this purpose, through a device which is attached to the persons body. The device
communicates to the operational room exit from the permitted area or entry to a prohibited area
through transmitting the location of the supervised person.
Who may be monitored electronically?

The court or the prosecutors office request electronic monitoring for juveniles or adults, who
present low risk to the society and for persons, accused of a criminal offence, who are punished
by no more than 5 years of imprisonment. The person should give his/her consent for the
electronic monitoring, unless otherwise envisaged by law. Important actors in this process
are the Court, Prosecutors Office,
State Police and Probation
Service.
How does electronic

monitoring work?
Electronic monitoring is done via
an electronic device (personal
unit) and a central unit (residence
unit).
The person shall wear the ankle
bracelet all the time. It is light,
strikes and water-resistant, which allows the person to carry out the daily activities normally.
The central unit (residence unit) is installed in the persons house and receives signals from
the electronic bracelet, which it then transmits to the operational centre. If the person moves
outside the allowed range, communication between the devices is interrupted and a signal is
transmitted to the operational centre. The same happens if the person enters into a prohibited
range. The operational centre receives alerts also when the device is damaged, tampered,
moved, or if it is not connected to electrical power.
29
PROBATION SERVICE
BULLETIN 3 - 2012-2013
What happens in case of breach of obligations?

When there is a breach of the court decision stipulations, the operational centre confirms the
breach and informs the respective authorities. Breach of obligations, if done deliberately or
repeated, may lead to the person going back to court, which may decide to replace or revoke
the electronic monitoring measure.
What are the benefits?

Electronic monitoring is a powerful system for enhancing the efficiency of the execution of
court decisions for persons whose movement is restricted, and it may increase public security
because it improves the supervision of individuals in the community. Confinement of movement
may also help impose a daily discipline and structure for the persons under monitoring, help to
break the forms of criminal behaviour and enable a person to be involved in work, education or
training activities.
30
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER IX PROBATION SERVICE AND FOREIGN CITIZENS

The Probation Service deals with foreign convicted persons in compliance with the fundamental
human rights and freedoms and the international agreements ratified by the Republic of Albania,
respecting the principles of reciprocity, non-discrimination and the fact that they should receive
treatment no less favourable than Albanian citizens.
When a foreign citizen is serving a sentence for an offence that he or she committed in the
territory of the Republic of Albania, he or she may seek the court to apply one of the alternative
sentences to detention after having met the legal conditions for such a sentence. Convicted
foreign citizens have equal rights with Albanian citizens convicts, on the basis of the European
Convention on the Supervision of Convicted Persons or Those Released on Probation, law no.
8724, dated 26 December 2000.
The Probation Service is responsible for the supervision of convicted persons regardless of their
citizenship. The Probation Service has the competence to supervise those convicted persons
within the Republic of Albania when their residence is in Albania. For those citizens, whose
residence is outside the territory of the Republic of Albania, the Probation Service, through the
Ministry of Justice, makes it possible for the court decision to be executed in the state where
the convicted person has his or her residence, if an agreement exists between the two states
about that.
Since the beginning of the institution of the Probation Service in Albania, the courts have applied
alternative sentences to detention such as Conditional release and Suspension of execution
of a sentence of imprisonment for a number of foreign citizens breaching the law. Since 2009
up to date, the Probation Service has supervised 142 foreign citizens.
31
PROBATION SERVICE
BULLETIN 3 - 2012-2013
CHAPTER X - STRUCTURE AND TERRITORIAL JURISDICTION OF THE

PROBATION SERVICE
The territorial jurisdiction of the Probation Service is defined by the Rules 1 of the Service, with
the purpose of determining which local office of the Service has competence in a particular
case.
The main duties of the Probation Service are: to prepare reports for judges and prosecutors; and
to supervise convicted persons in the community. Its activity is focused toward the convicted
person and not so much toward the crime or crimes committed. Consequently, territorial
jurisdiction cannot be identified with that of the court where those offices of the Probation
Service have been established.
In article 5, the Rules of the Probation Service provide the criteria that are taken into account
for determining which local office is competent for a particular case. As the general rule, when
the convicted person is not imprisoned, the place of his residence (if he has been put under
supervision or is the subject of an evaluation report) determines a territorial jurisdiction of the
Probation Service. For convicted persons who are serving a prison sentence and who are the
subject of programmes of rehabilitation, the Probation Service nearest to the prison is the one
with competence in this case.
At the very beginning of the activity of the Service, on the basis of Order no. 67 of the Prime
Minister, dated 6 May 2009 On the approval of the structure and organisational chart of the
local offices of the Probation Service, four local offices were established, located in the district
courts of Tirana, Shkodr, Durrs and Fier.
Those offices had problems in their functioning because of the territorial jurisdiction provided in
the Rules of the Probation Service. Since the local offices of the Service extend their territorial
jurisdictions to the place where the convicted person is serving his sentence and the place
where the convicted person put on probation has his residence, for the purpose of the good
functioning of the Probation Service in the entire territory of the Republic of Albania, order
no. 533/1 of the Minister of Justice dated 6 July 2009 was issued, defining the territorial
jurisdictions of the local offices of the Probation Service.
After the issuance of order no. 140 of the Prime Minister dated 1 July 2010 On the approval
of the organisational chart and structure of the Probation Service, four local offices were
added to the Probation Service, located in Elbasan, Lezha, Kora and Gjirokastra. The territorial
jurisdictions of those offices extend to the judicial districts defined in order no. 7746/1 of
the Minister of Justice dated 24 September 2010 On the determination of the location and
territorial jurisdiction of the local offices of the Probation Service.
By Order no. 2 of the Prime Minister, dated 11 January 2012, four other local offices were
also opened, respectively, in Kuks, Burrel, Berat and Vlora. These offices have terrestrial
competence over the judicial districts set forth in the Order of the Minister of Justice, No.
3369/3, dated 18.06.2012, on Determining the location and the terrestrial competences of the
Local Offices of Probation Service.
1
Decision no. 302 dated 25 March 2009 On the approval of the rules On the organisation and functioning of the probation
service and for determining the standards and procedures for the supervision of execution of alternative sentences
32
BULLETIN 3 - 2012-2013
PROBATION SERVICE
According to this order:

1. The Local Office of the Probation Service in the Tirana district court has territorial
jurisdiction in the judicial districts of Tirana, Kavaja, Kruja.
2. The Local Office of the Probation Service Durrs district court has territorial jurisdiction
in the judicial districts of Durrs.
3. The Local Office of the Probation Service in the Shkodra district court has territorial
jurisdiction in the judicial districts of Shkodra, Puka.
4. The Local Office of the Probation Service in the Lezha district court has territorial
jurisdiction in the judicial districts of Lezha, Kurbin.
5. The Local Office of the Probation Service in the Elbasan district court has territorial
jurisdiction in the judicial districts of Elbasan.
6. The Local Office of the Probation Service in the Kora district court has territorial
jurisdiction in the judicial districts of Kora, Pogradec.
7. The Local Office of the Probation Service in the Fier district court has territorial jurisdiction
in the judicial districts of Fier, Lushnja.
8. The Local Office of the Probation Service in the Gjirokastra district court has territorial
jurisdiction in the judicial districts of Gjirokastr, Prmet, and Sarand.
9. The Local Office of the Probation Service in the Mat district court is located in Burrel, Mat
and has territorial jurisdiction in the judicial districts of Mat, Dibr.
10. The Local Office of the Probation Service in the Berat district court has territorial
jurisdiction in the judicial districts of Berat.
11. The Local Office of the Probation Service district court Vlora district court has territorial
jurisdiction in the judicial districts of Vlora.
12. The Local Office of the Probation Service in the Kuks district court has territorial
jurisdiction in the judicial districts of Kuks and Tropoja.
Information box - AMNESTY LAW

The progress of the implementation of law 107, dated 08.11.2012, On amnesty, by the Local
Offices of the Probation Service:
Until 31 December 2013, the number of convicted persons who benefited from amnesty is
1658, of whom 103 are foreign citizens who reside outside the territory of the Republic of
Albania. The district prosecutors offices have sent the order of suspending the execution of the
decision for these persons, and the Probation Service has notified and informed the convicted
persons about the decision of the Prosecutor.
As for the above, implementation of law 107/2012 On amnesty, is ongoing further
procedures are being followed to conclude successfully the files of the convicted persons who
benefited from the amnesty.
33
PROBATION SERVICE
BULLETIN 3 - 2012-2013
Training of the Probation Service Staff

By Order no. 8, dated 13.02.2013, of the Prime Minister Approval of the Probation Service
organisational structure, the number of Probation Service staff increased to 104 employees
with legal, social work, or psychology background.
The Probation Service staff has been trained continuously to provide the best service to persons
convicted with alternative sentences and to the community. Training of the personnel has been
a permanent priority of the Probation Service. The personnel have been continuously trained by
foreign experts with much experience, made possible by uninterrupted support from the OSCE
Presence in Albania and the EU Delegation in Albania. With the support of the OSCE Presence in
Albania, support also continues for training new employees of the Probation Service.
An important training programme for the Probation Service staff, during 2011-2012, was the
Project on Support to the Probation Service and the alternatives sentences to imprisonment,
funded by the European Union. The personnel was involved in drafting the training curricula and
a training strategy and methodology for the Probation Service according to European standards.
These training sessions enable the Probation Service officer to:

34
Assess the risk that the convicted person presents to others and the needs for intervention
Influence the convicted persons to change their violent behaviour
Communicate effectively with the convicted persons
Support the convicted persons to change their behaviour
Work efficiently with others
Develop their own skills and knowledge
BULLETIN 3 - 2012-2013
PROBATION SERVICE
CHAPTER XI - STATISTICS
Summary statistics
Convicted persons under supervision (20092013)
10000
9356
9000
8000
7000
6000
5000
Probationers
4000
2552
3000
2602
2117
2000
2085
1000
0
2009 - 2010
2011
2012
2013
Total
Total number of convicted persons according to the alternative sentence (20092013)

10000
9356
9000
7553
8000
7000
6000
5000
4000
3000
2000
1000
823
181
798
1
0
Suspension A.
59 of the CC
Home
of the CC
Release on Work in public Semi-liberty

parole A. 64
interest
A. 58 of the
of the CC
CC
the CC
Total
Statistics for 2012
Number of convicted persons according to the length of the probation period in 2012
Probatieners
3000
2389
2500
2000
1701
1500
Probatieners
1000
500
418
107
51
109
4 years
5 years
0
3 years
< 18
18
months months 3 years
Total
35
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Number of convicted persons according to the hours of work in the public interest in 2012
250
213
200
150
100
85
Probationers
70
50
21
16
19
110 - 150
or
160 - 200
or
0
40 - 50 or
60 - 70 or 80 - 100 or
210 - 320
or
Total
Requests for evaluation reports for 2012

800
739
700
600
500
476
400
Evaluation Reports
263
300
200
100
0
Courts
Prosecution
Total
Number of convicted persons who completed their probation period (20092012)

2500
2275
2000
1500
Probationers
1000
500
0
36
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Statistics for 2013

Number of convicted persons according to the length of the probation period in 2013
2500
1939
2000
1428
1500
1000
Probatieners
500
313
91
0
3 years
< 18
18
months months 3 years
41
66
4 years
5 years
Total
Number of convicted persons according to the hours of work in the public interest in 2013
160
146
140
120
100
80
60
40
20
Probationers
42
22
31
24
17
10
0
40 - 50 60 - 70 80 - 100 110 - 160 - 210 - Total
or
or
or 150 or 200 or 320 or
37
BULLETIN 3 - 2012-2013
PROBATION SERVICE
Requests for evaluation reports 2013
900
800
700
600
500
Evaluation Reports
400
300
200
100
0
Courts
38
Prosecution
Total

Anglisht

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Anglisht

Transféré par

Droits d'auteur :

Formats disponibles

PROBATION

CHAPTER VI - COOPERATIVE NETWORK FOR HANDLING THE NEEDS OF

GENERAL DIRECTORATE OF THE PROBATION SERVICE

PROBATION SERVICE - SHKODR

Block 3 Heronjt, Sknderbeg Street, across from Kolping, Second floor

PROBATION SERVICE LEZHA

Block Sknderbeg, Building Former Soldiers House, Second floor

PROBATION SERVICE - DURRS

Block No.1, Commercial Road, by the Seaport

PROBATION SERVICE TIRANA

Jordan Misja Street, at the Court for Serious Crimes

PROBATION SERVICE ELBASAN

Block Brigada 17 Sulmuese, 11 Nntori Street, at the Prefecture premises

PROBATION SERVICE KORA

Republika Boulevard, at the Prefecture premises, Kora

PROBATION SERVICE GJIROKASTR

Qafa e Pazarit Street, Regional Council Building, Second floor, Gjirokastr

LOCAL OFFICE MAT

LOCAL OFFICE KUKS

Former Soldiers House, fourth floor

PROBATION SERVICE VLOR

Block 10 Korriku, amria street

LOCAL OFFICE BERAT

Republika Boulevard, at Regional Council premises

Foreword by Ambassador Florian Raunig

CHAPTER I PROBATION SERVICE IN ALBANIA GENERAL OVERVIEW

Purpose of the Probation Service

Alternative measures to detention

Information box 1 - Obligations

Information box 2 - Violation of the obligations

giving warning to the

Increase of public safety

Information box 3 - Criteria for being entitled to alternative sentences?

Suspension of execution of sentence and

Suspension of execution of sentence and

up to 5 years 2/3 of punishment

CHAPTER II - PRINCIPLES AND CONCEPTS AT THE HEART OF THE PROBATION SERVICE

Responsibilities of the Probation Service

Provides support to persons sanctioned criminally in order to overcome particular

Involves the community in the process of supervision and reintegration of criminally

Information box 4 PROBATION SERVICE, Member of CEP

What does the supervision of a case mean?

Assistance and counselling

A convicted person is important

Information box 5 The perspective of a probation officer

CHAPTER III RISK ASSESSMENT

Development of a risk assessment instrument

Estimate the chances for reoffending

cause serious harm to others

Assist risk management

CHAPTER IV - THE PROBATION SERVICE DURING THE PHASES OF A CRIMINAL

Drafting evaluation reports for the prosecutors

Drafting evaluation reports for the court

Supervising, assisting a convicted person whose

Supervising/organising community service

Mediating to resolve conflicts between the

Supervising/assisting conditionally released

Supervising/assisting those given home

Supervising other obligations imposed by the

Organising /supervising those sentenced to

Preparing reports for the prosecutor about

STEPS OF THE STANDARD PROCEDURE FOR CONDITIONAL RELEASE

Police for supervising convicted persons.

Step IX Final report