Chapter 11

Increasing Effectiveness in Prevention of Crime and Promoting Rehabilitation in Execution of Sanctions

A significant revamping of the prison management system is necessary in order to strike a better balance between the interests of crime prevention on the one hand, and rehabilitation and re-socialisation on the other. These interventions should go along a comprehensive improvement in detention conditions and development of effective mechanisms of investigation of ill-treatment. Moreover, the lack of an individualised, evidence-based approach to crime prevention, rehabilitation and re-socialisation is attested by the underuse of alternative sanctions. The newly-adopted law on probation addresses this issue, envisaging three forms of probation: pre-trial probation providing information and assessments to the judiciary, supervision of offenders under court orders in the community, and penitentiary probation preparing prisoners for release. A fourth activity, supervised release on parole, will be added to tackle the problem of reoffending by prisoners after release. This Action Plan focuses on the transformation and development of the existing employees of the Criminal Executive Inspection Office of the State Penitentiary Service into a functional modern probation authority compliant with European standards and best practices. This will require effective collaboration with the judiciary, prosecutors and a wide range of agencies providing relevant services to rehabilitate and manage offenders in the community, including the Ministries of Health, Internal Affairs and Social Policy, local authorities and civil society organisations. A comprehensive institutional development of the probation services will require improvements in the regulatory framework, better managed and trained human resources, advanced infrastructure such as offices and information systems, modern intervention methods and processes, and a reviewed inspection and performance management framework. A business case will be developed to identify the required resources.

Shortcuts
  • ADR
    Alternative dispute resolution
  • AP
    Action Plan
  • APU/PAU
    Presidential Administration of Ukraine
  • ASSETBTC
    Bar Training Centre
  • CB
    Chamber of Bailiffs
  • CC
    Constitutional Court
  • ВНЗ
    Вищі навчальні заклади
  • CCBE
    Council of Bars and Law Societies of Europe
  • CCLAP
    Coordination Centre for Legal Aid Provision
  • CEIS
    Criminal Executive Inspection
  • CEPEJ
    European Commission for the Efficiency of Justice
  • CJ/CoJ
    Council of Judges of Ukraine
  • CJR/JRS
    Council for Justice Reform (or Justice Reform Council)
  • CoE CM
    CoE Committee of Ministers
  • CoE/CoE
    Council of Europe
  • CP
    Council of Prosecutors
  • CPE
    Performance Evaluation Framework
  • CSO
    Civil society organizations
  • DCMIS
    Detainee case management system
  • DFATD
    Department of Foreign Affairs, Trade and Development, Canada
  • DG Just
    Directorate-General for Justice and Consumers of the European Commision
  • DOJ
    United States Department of Justice
  • EaP
    The Eastern Partnership
  • ECHR
    European Convention on Human Rights
  • ECJ
    European Court of Justice
  • ECtHR
    European Court of Human Rights
  • EPP
    Evaluation of Prosecutors’ Performance
  • EU MS
    EU Member State(s)
  • EU
    European Union
  • EUAM
    European Union Advisory Mission for Civilian Security Sector Reform Ukraine
  • FLA
    Free Legal Aid
  • FoI
    Freedom of information
  • GDP
    Gross domestic product
  • GOU/GoU
    Government of Ukraine
  • HAC
    Higher Administrative Court
  • HCCH
    Hague Conference on private international law
  • HCJ
    High Council of Justice of Ukraine
  • HEI
    High educational institutions
  • PCF
    CoE/EU Eastern Partnership Programmatic Co-operation Framework
  • PDP
    Personal data protection
  • PEE
    Performance effectiveness evaluation
  • PEO
    Private enforcement officer
  • PFM
    Public financial management
  • PG
    Prosecutor General
  • PMF
    Performance Management Framework
  • PPO
    Public Prosecutor’s Office
  • PPP
    Public-private partnership
  • PR
    Public Relations
  • QALA
    Quality and Accessible Legal Aid Ukraine Project
  • RBC
    Regional Bar Council
  • RPO
    Regional Prosecutor’s Office
  • PQDCs
    Regional Qualification and Disciplinary Commission
  • SC
    Supreme Court
  • SDP
    Strategic development plans
  • SEP
    Sector expenditure plan
  • HELP
    European Programme on Human Rights Education for Legal Professionals
  • HQC
    High Qualification Commission
  • HQDC
    Higher Qualification and Disciplinary Commission
  • HR
    Human Resources
  • HRTF
    Human Rights Trust Fund
  • HSC
    Higher Specialised Court
  • IMF
    International Monetary Fund
  • IMS
    Information management system
  • IOP
    Interoperability
  • INL
    US Department of State Bureau for International Narcotics and Law Enforcement Affairs
  • IRZ
    German Foundation for International Legal Cooperation
  • IS
    Information system
  • ISD
    Internal Security Department
  • JC
    see CJ
  • JIT
    Joint investigative team
  • JSRS
    Justice Sector Reform Strategy
  • LPO
    Local Prosecutor’s Office
  • LPP
    Legal Professional Privilege
  • M&E;
    Monitoring and evaluation
  • MIS
    Management information system
  • MOE
    Ministry of Education of Ukraine
  • MOF
    Ministry of Finance of Ukraine
  • MOH
    Ministry of Health of Ukraine
  • MoI/MoIA
    Ministry of Internal Affairs of Ukraine
  • MOJ/MoJ
    Ministry of Justice of Ukraine
  • MOR
    Ministry of Regional Development, Construction, and Communal Living of Ukraine
  • MOU
    Memorandum of Understanding
  • MSP
    Ministry of Social Policy of Ukraine
  • MTBF
    Medium-term budgetary framework
  • NACB
    National Anti-Corruption Bureau of Ukraine
  • NALS
    National Academy of Legal Science of Ukraine
  • NAPU
    National Academy of Prosecutors of Ukraine
  • NBC
    National Bar Council
  • NCP
    National Conference of Prosecutors
  • NPM
    National Preventive Mechanism
  • NSJ
    National School of Judges
  • OSCE
    Organization for Security and Co-operation in Europe
  • SGS
    Self-governance system
  • SGUA
    Support Group for Ukraine
  • SIT
    Special investigative techniques
  • SJA
    State Judicial Administration of Ukraine
  • SJGB
    Single Judiciary Governance Body
  • SLA
    Service-level agreements
  • SOP
    Standard operating procedures
  • SPS
    State Penitentiary Service of Ukraine
  • SSU
    Security Service of Ukraine
  • TC
    Training Centre
  • THB
    Trafficking in human beings
  • TOT
    Training of trainers
  • UNBA
    Ukrainian National Bar Association
  • USAID
    United States Agency for International Development
  • USAID FAIR
    The FAIR Justice Project of USAID
  • VET
    Vocational educational training
  • WG
    Working Group
ActionImplementation DeadlinePerformance Criteria
End of 2016End of 2018End of 2020Measures/OutputsResponsible Body / MeansOutcomes
Area of Intervention 11.1

Improved Efficiency, Transparency and Accountability of Prison Service through Better Management and Internal Oversight
11.1.1 Development and practical application of modern approaches to penitentiary management1. Reviewed regulatory framework on staff recruitment, human and financial resources management. Comprehensive Human Resource Policy
developed, with new recruitment and performance management criteria. Policy applied in practice and reviewed regularly. Prison management structures reviewed, including streamlining functions, reporting lines and decision-making levels.
State Penitentiary Service (SPS), MOJ, Parliament / Decisions, statutes and rules amended, guidelines, reports, contracts, job
descriptions, placement and establishment plans, trainings
- Strategic directions for development of penitentiary service are revised and defined in light of development of probation service

- More horizontal and less vertical system of management at institutional and sub-sector (execution of sanctions) level

- Further depoliticising of appointment process of prison managers

- Further demilitarisation of prison service

- Prison service quality policy defined, linked to performance management system and all career management decisions

- Merits-based (score-based) system applied for all penitentiary appointments, promotions, and assignments to particular posts (transfers)
on basis of new quality policy

- Performance management system tied to staff motivation schemes, with targets and indicators interoperable with other justice and law
enforcement agencies

- Suitable candidates and more specialist staff (psychologists, psychiatrists, social and welfare workers, teachers, vocational, physical
education and sport instructors) targeted for employment at prison service

- SPS (Training Centre) empowered to deliver in-service and specialised training for prisons staff

- Training system for prison staff; annual training curricula and sound methodology of training in place; training for all prisons staff
carried out regularly on that basis; specialised training for staff working with certain categories of prisoners

- Training courses for prisons staff, probation officers, legal professionals (lawyers, judges, prosecutors, police etc.) approximated,
some curricula and courses harmonised

- On-line and distance learning training available

- Key training subjects include international human-rights standards, (in particular prevention and effective investigation of
ill-treatment), professional ethics and disciplinary matters, information technology, psychology, budget and financial management,
communication

- Permanent pool of well-trained and experienced trainers, including trainers from regions, fully and regularly mobilised

- Experienced practitioners, including European and international counterparts, among regular trainers

- Full electronic management of all institutional functions

- Ensured proper protection of informational resources and confidential information

- Interoperability of IS with those of other State and non-State actors

- Automated or on-line systems for measuring user satisfaction

2. Practice guides and training modules (for in-service and specialised training) on new penitentiary management (including communication) system developed, disseminated and updated regularlySPS / Decisions, trainings, publications
3. Reviewed regulatory framework on internal and external communication of prison system. Comprehensive Communication Policy developed,
applied and reviewed regularly
SPS / Decisions, MOUs, guidelines, reports
4. Roadmap for development of information systems (IS) in place. Penitentiary management information system (MIS), including detainee case management system (DCMIS), fully operationalSPS / Decisions, roadmap, MOUs, feasibility studies, implementation plans, hardware and software in place, trainings, guidelines, manuals,review reports
11.1.2 Development of ethical and disciplinary framework and internal oversight mechanisms1. Reviewed Disciplinary Statute of Prison Officers, procedural and other relevant regulationsSPS, MOJ, Parliament / Decisions, statutes and rules amended- Clear and foreseeable disciplinary rules; ensured accessibility, objectivity and consistency of disciplinary practice at SPS

- Applicability and efficiency of disciplinary rules in case of violation of law; consistent, clear and foreseeable disciplinary
proceedings concerning responsible prison staff member

- Principle of proportionality applied when making decision on necessity of sanction and on defining type of sanction

- Repeated or serious violations of ethics amounting to ground for disciplinary responsibility, with detailed and consistent explanations
of relevant linkage in practice guides

- Online tool for filing complaints against prison staff, and system of online-reporting to SPS for handling complaints, in place; ample
information available to foster prisoners ‘s awareness of complaint mechanisms

- Public provided access to analytical and statistical data on disciplinary practice at SPS

- Inspectors enjoying requisite degree of autonomy within SPS system

- Liability established for inspectors for non-performance of duties, avoidance of appropriate response to potential or actual offenses

- Effective mechanism for investigating cases, hearing individual complaints for disciplinary cases and application of anti-corruption
measures within SPS

- Mixture of discussion-based and incentive/repression-based approaches in disciplinary oversight and carrying out of internal inspections

- Inspectors’ reports analysed and used to provide feedback for prison management to improve regulation and management policy and
implementation

- Regular internal monitoring reports, with conclusions drawn from external monitoring by NPM and CSOs

2. Code of Ethics for SPS staff regularly updated and annotatedSPS / Decisions, publications
3. Practice guides and training modules (for in-service and specialised training) on discipline and ethics developed, disseminated and
updated regularly
SPS / Decisions, trainings, publications
4. Online system for filing complaints against prison staff members fully operational. Awareness campaigns among prisoners of their rights to complain about abuseSPS / Decisions, software in place, trainings, manuals, review reports, information materials (leaflets)
5. Statistics on disciplinary cases published and analysed in SPS Annual ReportsSPS / Reports
6. Regulatory framework in place on role and powers of SPS internal inspection. Inspections fully operationalSPS, MOJ, Parliament / Decisions, statutes and rules amended, guidelines
Area of Intervention 11.2

Enhanced Prison Security and Prevention of Ill-Treatment by Individualisation of Approach to Prisoners, Risk Management and External
Oversight
11.2.1 Further individualisation of sentencing, risk management and improvement in prison security arrangements1. Reviewed regulatory framework on individual approach to sentencingSPS, CEIS, MOJ, PPO, SC, Parliament / Decisions, statutes and rules amended- Sentencing prerogatives with prisoners’ psychological assessment, classification and distribution rules that would entrust penitentiary
authorities and probation services with greater role and powers in matter

- Sentencing guidelines with clear targets and margins of sentences to be requested by PPO for different crimes and perpetrator profiles

- Strengthened individual sentence planning, advanced progressive imprisonment schemes, support to implementation of criminological
cognitive (behavioural) programmes and modules for treatment of vulnerable categories of prisoners

- Comprehensive individual sentence plans with measures to address these risks

- Risk management integrated as essential prison policy development and implementation tool; assessment tools in place with scoring systems
linked to suitability criteria for each intervention programme

- Case management process with cycle of assessment, sentence plan, sentence execution, review and enforcement

- Practical and effective application of dynamic security model

- Regular in-depth analysis of numbers and/or deployment of custodial staff in prisons and detention centres; staff numbers optimised for
sufficient staff-inmate ratio; increased number of custodial staff with respect to gender balance

- Optimised shift-pattern for custodial staff (from 24hrs)

- Informal prisoner hierarchy and inter-prisoner violence and intimidation is better addressed through strengthened static and dynamic
elements of security as well as through improved staff-inmate interaction by way of improved interpersonal communication skills

- Clear and transparent disciplinary procedures for inmates and properly kept disciplinary records and files; prisoners provided with and
informed about their right to challenge disciplinary decisions before independent authority

- Role of health-care staff is clearly defined and not abused in prisoner disciplinary measures

2. Sentencing guidelines developedSPS, CEIS, MOJ, PPO, SC, Parliament / Decisions, states and rules amended, practice guides
3. Reviewed regulatory framework on methods of risk and needs assessment of prisoners. Assessment tools and security classification systems in place, applied and reviewed regularly and updated for various categories of prisonersSPS / Decisions, reports, assessment tool manuals and forms, training manuals
4. Reviewed security and safety arrangements, incorporating dynamic security approach. Reviewed SOPs, internal rules and procedures for
admission, prisoner discipline, reporting on search and controls, use of force, organisation of shifts and staff allocation etc. Revised procedures and well-recorded implementation of placement in disciplinary solitary confinement
SPS / Decisions, reports, guidelines, SOPs, trainings
11.2.2 Development of mechanisms for combatting and prevention of ill-treatment in prison establishments through external oversight and
independent monitoring
1. National Action Plan against Torture developed and updated regularlySPS, MOJ, PPO, Parliament / Decisions, reports- Information sheets for prisoners on their rights developed in simple and easy to understand manner (with list of their rights in
appropriate languages; specific version for juveniles and other categories)

- Automatic video-recording system of all persons in custody (first questioning); regular, systematic record on use of force or special
means in prisons

- Enforceable obligation to record all alleged medical problems of prisoners

- Clear and foreseeable system to deal with prisoner complaints; online tool for filing complaints against prison staff, and system of
online-reporting to SPS for handling complaints, in place; ample information among prisoner about complaints mechanisms

- Clear follow-up to each complaint on ill-treatment in prisons via official inquiry, obligatory medical check-up, secure recording of
medical data via electronic system, documentation of investigation and notification to complainants

- Institutionalisation of management obligation to prevent and deal with inter-prisoner violence, including monitoring of illicit prisoner
behaviour, obligatory reporting of confirmed and suspected cases of inter-prisoner intimidation/violence and thorough investigation of all
incidents

- Improved convoying conditions; clear instructions for custodial/escort staff at secure wards

- Improved competences of prisons health staff prison staff medical and interpersonal communication skills

- Individual risk assessment of prisoners (dynamic security) and individualised sentence planning in place

- Purposeful activities in place depending on prisoner categories (life-sentence etc.)

- Clear and foreseeable obligation of prison system to cooperate with all external oversight mechanisms

- Sustainable (year-on-year) funding and resources allocated for NPM

2. Awareness campaigns for prisoners on their rights developed and disseminated widelySPS, law enforcement agencies / Decisions, information materials publications
3. Unified police custody register and video-recording system of all persons in custody in placeLaw enforcement agencies / hardware and software procured, manuals, trainings, reports
4. Independent external inspection and monitoring mechanism fully operational, including National Preventive Mechanism (NPM)SPS, law enforcement agencies, Ombudsman, CSOs / Decisions, MOUs, reports, monitoring guidelines, interview templates, trainings
Area of Intervention 11.3
Facilitated Rehabilitation and Social Reintegration of Prisoners through Improved Detention Conditions
11.3.1 Further reduction of overcrowding, improvement of prison infrastructure and private sector service provision1. Improved prison estate at selected establishmentsSPS, MOJ / Decisions, feasibility studies, procurement conducted- Penitentiary policy and legislative development underpins efforts in tackling overcrowding in prisons and supporting prisoners’
rehabilitation

- National authorities have access to and use information on the factors contributing to prison overcrowding and receive strategic guidance
on approaches related to tackling these phenomena

- Projections for required capacities of penitentiary establishments and their foreseen structure and type supported by evidence from
studies and reflected in relevant policies

- Practical and effective transition from dormitory type barracks to block placement, increasing average living space per prisoner,
introduction on modern security technologies and telecommunication system, further development of ‘halfway houses’, separate facilities for
juveniles and young offenders

- Greater employment of public-private partnerships in escort provision, electronic monitoring, provision of work to prisoners and other
services

- Greater competition between various service providers

- Incentivising private providers, such as by way of subsidies to farmers, for employing prison workforce

- Development of rating system for ranging from ‘excellent prisons’, delivering ‘exceptionally high performance’ to ‘poor performing
prison’; rating being informed by cost performance and output data, showing performance against key performance targets

2. Dedicated prison establishments for certain categories of prisoners, including juvenilesSPS, MOJ / Decisions, feasibility studies, procurement conducted
3. Reviewed regulatory framework on public-private partnerships (PPPs) in prisonsSPS, MOJ, Parliament / Decisions, statutes and rules amended
4. Prison ratings system in placeSPS / Decisions, rules amended
11.3.2 Improvement of health-care in prisons1. New Prison Healthcare Concept developed. Reviewed prison medical staffing arrangements in view of new concept. Cooperation mechanism
with Ministry of Health (MOH) in place
SPS, MOJ, MOH / Decisions, concept papers, reports, MOUs, feasibility studies, contracts, job descriptions, placement plans, trainings- Prison healthcare policy integrated into national healthcare policy

- Practical and effective application of standardised healthcare procedures, processes and protocols, as part of process transferring all
prison healthcare staff under auspices of the Ministry of Health

- Increased protection by legislation and practice of the prison medical staff; institutionalised principle of professional independence of
prison medical staff and guarantees for confidentiality of examinations

- Clear and foreseeable guidelines for healthcare professionals working in penitentiary establishments, necessitating development of
specialised competences (i.e. medical ethics, medical records and documentation, documentation and interpretation of injuries, medical
examination on admission, technique of interviewing persons who may have been ill-treated, suicide prevention, drug harm reduction etc.)

- Treatment programmes tailored to needs of each category of prisoners (especially female prisoners and juveniles)

2. Reviewed standard operational procedures (SOPs) on treating prisoners with infectious diseases (TB, HIV, hepatitis etc.). Awareness
campaigns
SPS / Decisions, SOPs, reports, information materials (leaflets)
3. Reviewed SOPs on psychiatric care, depending on inmate categoriesSPS / Decisions, SOPs, reports
4. Reviewed SOPs on dealing with drugs in prisons and drug harm reductionSPS / Decisions, SOPs, reports
5. Practice guides and training modules on new prison healthcare policies and SOPsSPS / Decisions, practice guides, trainings, publications
6. Treatment programmes developed and piloted on basis of new policies and SOPsSPS / Decisions, reports, programme accreditation documents
11.3.3 Improvement of social, educational and psychological support of prisoners1. Reviewed employment policy and recruitment system in prisons, encouraging of employment of educators, social workers and psychologists as prison staffSPS / Decisions, rules amended, reports>- Employment policy and recruitment system in prisons encouraging employment of educators, social workers and psychologists as prison staff

- Regular needs and risks assessment of prisoners integrated as key prison management policy and implementation tool

- Vocational educational training system supplements and consolidates employment policy and recruitment system changes

- New State-funded VET, other education and rehabilitation programmes designed and launched

- All prisoners engaged in VET or other education and rehabilitation programmes on weekly basis

- Clear and foreseeable regulation on provision of out-of-cell activities and provisions guiding inmates’ contact with outside world

- Programmes of structured out-of-cell activities tailored to needs of each category of prisoners (adult remand or sentenced prisoners,
inmates serving life sentences, sentenced prisoners held in special conditions of high security or control, female prisoners, juveniles,
etc.)

- System of incentives and model cooperation schemes for attracting private enterprises to employ prison workforce in place; regular
information fora for local enterprises

- Practical and effective application of Public-Private Partnerships (PPPs) in prisons;

- Regular engagement of CSOs in providing meaningful activities and work for both sentenced and remand prisoners, while ensuring
sustainability of pre-release programmes without over-reliance on CSOs and other third parties working purely on basis of project-based
financing

- Facilitation of public procurement and grant procedures, introduction of tax and other incentives to involve CSOs more actively in the
rehabilitation, re-socialisation and reintegration work

2. Vocational educational training system fully operationalSPS / Decisions, rules amended, reports
3. Preparation for release programmes developed and piloted. Pre-release programmes piloted in prison administration assessed, revised and options for their nationwide introduction developed based on country-specific studies and analysisSPS / Decisions, reports, studies, programme accreditation documents, new programme roadmap
4. Reviewed regulatory framework on private-public partnershipsSPS, MOJ, Parliament / Decisions, statutes and rules amended
Area of intervention 11.4

Improved Rehabilitation and Prevention of Crime through Setting Up of Fully-Fledged Probation Service and Application of Alternative Sanctions
11.4.1 Reduction of custodial measures and sanctions and development of sentencing framework1. Reviewed Concept of ProbationSPS, Criminal Executive Inspection (CEIS), MOJ, PPO, SC / Revised Concept document- Introduction of modern fully-fledged probation concepts, reconciling community safety considerations with aims of rehabilitation and
social inclusion

- Clear and transparent criteria for conditional release

- Separate procedures for parole boards (for juveniles and other categories)

- Reinforced use of early release through parole by elaboration of clear and transparent criteria for release on parole, consistent
practice of courts in applying them, and special programme for preparation for release

-

- Expansion of range of obligations possible under probation, including community service

- Discretion introduced for judges to impose community work or additional obligations for violations of alternative sanctions

- Rehabilitation and social integration policies and programmes developed, implemented and reviewed for various target groups, including
offenders, prisoners, former inmates; relevant programmes integrated into criminal legislation as obligations

2. Reviewed regulatory framework on conditional release (parole) supervised by probation authorityMOJ SPS, CEIS, , PPO, SC, Parliament / Decisions, statutes and rules amended, practice guides
3. Sentencing guidelines developedHSCs, NSJ, SPS, CEIS, PPO, Parliament / Decisions, statutes and rules amended, practice guides
4. Reviewed powers for judges to impose obligations in probation cases and to deal with violations of alternative sanctions
5. Practice guides and training modules for judiciary and other stakeholders on new probation policy and institutional set-up developed, disseminated and updated regularlyHSC, NSJ / Decisions, practice guides, trainings, publications
11.4.2 Development of regulatory and institutional framework for probation service1. Action Plan implementing Revised Probation Concept, determining, short-term, medium-term, long-term strategic goals and objectives of Concept, and elaborate M&E system, identifying actions, responsibilities, timelines, outputs, outcomes and performance indicatorsMOJ, SPS, CEIS / Action Plan, decisions, statutes and rules amended, study visits, co-operation agreements- Viable national organisational structure for probation in place, with clear description of roles and responsibilities of bodies making
part of it

- Clear and foreseeable status of divisions in charge of probation as part of State Penitentiary Service

- Evidence-based approach to identifying needs and planning business for material and technical support of functioning and development of
probation

- Suitable office premises in each sub-division separate from police and prisons fully equipped with private interviewing facilities,
telephones, IT equipment etc., and meeting relevant regulatory requirements for office premises

- IT needs are identified, software specifications drawn up and relevant business plan drafted to deliver products

- MOUs between relevant bodies adopted on scope and extent of automated and on-demand exchange of data on probationers

- Technical support of probation divisions provided; pilot software developed and regulatory framework for the use of data bases and
software elaborated

- Practical and effective use of software, including basic case management system, and database for risk/needs assessments

- Greater interoperability of probation information systems (IS) with other national IS in justice (penitentiary, PPO, courts, bailiffs)
and law enforcement (investigation bodies, migration, border control, national security)

- SPS research and analysis units regularly producing analysis of risk/needs profiles of offenders under supervision, providing guidance
for probation system management with regard to aggregated probationer profiles

- Public opinion on necessity to involve local municipalities to facilitate the work with probation subjects is studied

- Participation of local municipalities in creation and functioning of probation establishments

- System for informing local municipalities and state authorities in place about activities and development of probation services

- Public opinion regarding impact of probation on public security enhanced

- Regular information campaigns on objective and perspectives of probation in Ukraine, with cooperation of local and national media

- Regular contacts for the exchange of information with probation services in EU and other countries of region

- Automated and on-line systems for measuring user satisfaction

2. Organisation chart of body in charge of probation and definition of status of divisions in charge of probationSPS, CEIS, MOJ, / organisational chart, regulatory statutes and guidelines
3. Business plan for probation outlining financial needs of probation and available sources of fundingSPS, CEIS / Business plan
4. Probation offices established in sub-divisions of SPS with supporting infrastructureMOJ, MOF, SPS, CEIS / Decisions, statutes and rules amended. Specifications for offices, list of new offices, visits
5. Information Services Strategy defining collection and protection of data about offenders, methods of data storage and exchange of
information between agencies. Pilot projects on implementation of Information Strategy launched
SPS, CEIS, MOJ/ Information Strategy, IT Business Plan, MOUs, implementation, plans, reports
6. National offender case management database/registry, including individual risk assessment tools, fully operationalMOJ, MOI, PPO, SSU, CEIS, MSP, / Operational case management database nationwide
7. Analysis of functioning of divisions of probation service after reform aimed at decentralisation in UkraineMOJ, SPS, CEIS/ Analysis report, recommendations, reports on consultation exercises, Co-Operation Strategy, local MOUs, trainings
8. User satisfaction surveys of probation authoritySPS, CEIS / Questionnaires, surveys, reports
9. Public Relations Strategy to improve public awareness and confidence in probation in Ukraine. Probation service website fully
operational. Awareness campaigns.
MOJ, SPS, CEIS / Public relations strategy, website, training reports, campaign materials, leaflets, press releases
10. Cooperation agreements with foreign probation servicesMOJ, SPS, CEIS / MOUs, trainings, study visits, reports
11.4.3 Extension of institutional capacities of CSOs in probation system1. Mechanism in place for use of volunteers and CSOs to support delivery of probation services including legal regulation, and training.MOJ, SPS, CEIS, MSP, PPO, SC, Parliament & CSOs / Decisions, statutes and rules amended, practice guides, trainings, reports-All relevant national and regional Implementation Plans with specific costing provisions, to secure premise and funding

- Intensive and regular consultations on development and content of volunteering in probation (meetings with CSOs, information measures)
based on best international practices;

- Proposals of amendments to regulatory framework on volunteering in probation developed in consultation with experienced CSOs

- Facilitated public procurement facilities (grant) procedures for probation services to contract CSOs, introducing various incentives
(e.g. tax) to involve CSOs more actively in rehabilitation, re-socialisation and reintegration work in pilot regions

- Centres established and range of programmes in place for juveniles including anger management, managing emotions, life skills and
cognitive behavioural interventions

2. Reviewed regulatory framework on private-public partnerships. Public procurement guidelines developed for CSO services.MOJ, MSP, SPS, CEIS, Parliament, CSOs / Decisions, statutes and rules amended, procurement rules, Implementation Plan, grant procedure
3. National roll out of pilot model for juvenile centresMOJ, SPS, CEIS, MOE, MOH, MOI , / Implementation Plan, programme accreditation documents
4. Evaluation of pilot projects, and national implementation if approved.MOJ, SPS, CEIS, MSP, MOF/ Evaluation report, Implementation Plan, programme accreditation documents
11.4.4 Development of human resources management in probation system1. Research and analysis of foreign experience in recruiting human resources to effectively perform tasks of probation. Research on
probation subjects risk/needs profile to inform staff skill requirements
SPS, CEIS, HEIs / Research reports- Professional standard of probation officer (education, professional knowledge, skills, experience, culture of communication, motivation
for achievement) is designed in clear and foreseeable manner

- Clear and foreseeable content and procedure of training and certification of probation service employees involving educational capacities

- Requirements for professional selection and training of probation employees make emphasis on recruiting staff with backgrounds in
psychology, social work and social pedagogy;

- PMF standards for frontline staff containing standards allowing line managers to develop and monitor their performance through annual
appraisals

- Training programmes for employees of probation service are developed and implemented using interactive training methods, including
training for line managers

- Training delivery plan with analysis of project resources (international and national) in place to cover quickly maximum number of future
probation employees with trainings on probation activities forms and application of probation instruments

- Regular selection and training of staff and faculty of educational institutions for training of trainers to train future probation
employees

- Sufficient capacity in regional training centres to deliver training plans in reasonable time

- Pilot projects on implementation of training modules to prepare future probation employees with fast coverage of maximum number of staff

2. Study on needs and objectives of training and certification of penal inspection employees who will work in probation service. Job
descriptions with skill requirements
MOJ, SPS, CEIS / Job descriptions with skill requirements, certification process
3. Mechanisms of professional selection and training of probation employees, including mechanism for use of donor resources, in placeMOJ, SPS, CEIS / Decisions, statutes and rules amended
4. Development of Performance Management Framework (PMF) for front-line staffSPS, CEIS / PMF Indicators, appraisal reports
5. Determination of structure and content of training of probation staff based on the resources of educational institutions of SPS.SPS, CEIS / Training Strategy, Training manuals
6. Fully equipped training centres, developing, delivering and updating training programme and modulesSPS, CEIS / Training Delivery Plan, infrastructure procured, and TOT courses, training programme and curricula, reports
11.4.5 Development of pre-trial reports, risk/needs assessment and case management capacities1. Definition of scope, extent and procedures of implementation for pre-trial reportsMOJ, SPS, CEIS, SC, HSC, PPO / Decisions, statutes and rules amended, practice guides, trainings, pilot projects, awareness campaign materials- Regulatory framework, including substantive and procedural criminal law and practice, defining clear and foreseeable role for pre-trial
report, its preparation procedure, risks assessment of reoffending and offender needs

- Training modules of judges, prosecutors and probation service employees on usage of pre-trial reports includes detailed explanation of
risk/needs model

- Regular joint training events for probation service employees, judges and prosecutor on pre-trial reports preparation and application

- Focal points for exchange of information on probation are identified

- Indicators included in PMF to assess quality of application of risk/needs assessment system

- National implementation of ASSET-based risk needs assessment system for juvenile offenders

- Training package for use of assessment tool for all staff designated to prepare pre-trial reports or to be case managers

- Database in place to store completed assessments and validation study conducted on adult tool after 2 full years that data have been
collected to establish actuarial predictor of risk of re-offending (expressed a percentage score)

- Revised version of adult assessment system issued after completion of validation study with accurate scoring system linked to suitability
criteria for each intervention programme

- Establishment of case management process for probation cases with cycle of assessment, sentence plan, sentence execution, review and
enforcement

2. Reviewed regulatory framework on methods of risk and needs assessment of accused (juvenile and adult versions).MOJ, SPS, MSP, MOI, CEIS, PPO, / Review Report, ASSET manual and forms, adult assessment tool manual and forms, training manuals, training reports, database, research report, revised Adult Assessment Tool
3. Case management model and process for probation cases in placeMOJ, SPS, CEIS / Case Management Guidance Manual
11.4.6 Development of range of evidence-based interventions to reduce reoffending1. Range of probation programmes and interventions designed to change and improve social adaptation of offenders and to reduce reoffending.SPS, CEIS/ interventions strategies, programme manuals, analysis reports- Range of programmes and their implementation target criminogenic factors and behaviours such as motivation to change, addictions to drugs
and alcohol, social and life skills, vocational training and employment skills, basic literacy and numeracy, anger and emotional
management, domestic violence, sexual offending, drunk driving, anti-social attitudes, victim awareness

- Gained international experience in implementing programs for subjects of probation, used by probation services in EU MS and other regions
systematised

- System of licensed training on programs implementation by probation staff in place

- Introduction and organisation of probation programs, with list, content, procedure of probation assignment for particular subject

- Clear and foreseeable procedures for probation programs implementation, definition of responsibilities of parties involved in process,
list of entities involved in these procedures and their functions

- Exchange of visits for purpose of information sharing network establishment is conducted; teaching and didactic materials is exchanged;

- Agreements for educational professionals in place

- Proposals for borrowing or development of regulations, educational, practical and methodological products in sphere of implementation of
rehabilitation and correction programs in Ukraine,

- Outreach and finalising works to establish advisory body (with representatives of State authorities) for expert review of developed
probation programs are carried out

2. Identification of areas and scope of legal relationships to be settled for introduction of probation programs. Reviewed regulatory
framework
MOJ, SPS, CEIS / Decisions, statues and rules amended
3. Design of procedure of preparation and implementation of probation programs. Determination of list of required probation programs.
Identification of human and financial resources for acquisition / development of programs.
MOJ, SPS, CEIS / interventions strategies, specific guidance for each programme, co-operation agreements with external partners, individual programme skill requirements defined in manuals
4. Joint training of judges and probation employees on assignment of probation programs. Development of system of licensed training on
programs implementation by probation staff
SPS, CEIS, HSC, NSJ / Training plans and reports

Impact Indicators for Chapters 8-11

  1. User satisfaction surveys (conducted as part of PPO performance management system, or by external observers) attest increased trust of society in PPO in particular, and/or criminal justice system in general (baseline: 2015; suggested 2016 target - increase by 5%; 2018 target - increase by 15%; 2020 target - increase by 25%).
  2. Criminal trial monitoring surveys conducted by external observers attest improvement of affairs in fairness of proceedings (baseline: 2015).
  3. 10 % annual decrease in number of structural violations found by ECHR with regard to criminal proceedings (baseline: relevant ECHR judgments pronounced in 2015; only pilot judgments or repetitive cases taken into account).
  4. 5 % annual decrease in number of cases at ECHR establishing divergences in practice of Ukrainian courts in applying national legislation, or establishing breaches of independence or impartiality of tribunal, or fairness of proceedings or defence rights, or ‘reasonable time’ requirement in criminal process (baseline: relevant ECHR judgments pronounced in 2015).
  5. Improved implementation of general measures in view of any ECHR judgment regarding Ukraine in criminal proceedings (baseline: number of pending cases before COE CM where general measures are indicated at end of 2015; suggested 2018 target - total decrease by 15%, decrease of enhanced supervision cases by 25%; 2020 target - total decrease by 25%, decrease of enhanced supervision cases by 35%).
  6. 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine in criminal proceedings (baseline: 2015).
  7. 5 % annual increase in use of home arrest, electronic surveillance and other forms of alternative bail as proportion of cases of detention on remand (baseline: same point in time one year ago for which annual statistics available).
  8. 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
  9. 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
  10. Pre-trial reports developed (baseline: proportion of relevant cases at material time; suggested 2016 target – 20% of cases, 2018 target – 30%; 2020 target – 40%).
  11. Work provided to at least 50 % of all prisoners (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of prisoner (i.e. juveniles, women etc.).
  12. At least 20 % of offenders engaged in vocational-educational training (VET) or other education and rehabilitation programmes (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of prisoner).
  13. 5% annual decrease in re-offending rates of offenders under probation (baseline: proportion at material time; targets to be split per type of penitentiary establishment and category/profile of offender (i.e. juveniles, women etc.).
  14. Ukraine’s standing in various relevant international indices relating to performance of criminal justice system improves, including Governance Indicators and Rule of Law Index (World Bank Institute), WEF Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).