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.
- ADRAlternative dispute resolution
- APAction Plan
- APU/PAUPresidential Administration of Ukraine
- ASSETBTCBar Training Centre
- CBChamber of Bailiffs
- CCConstitutional Court
- ВНЗВищі навчальні заклади
- CCBECouncil of Bars and Law Societies of Europe
- CCLAPCoordination Centre for Legal Aid Provision
- CEISCriminal Executive Inspection
- CEPEJEuropean Commission for the Efficiency of Justice
- CJ/CoJCouncil of Judges of Ukraine
- CJR/JRSCouncil for Justice Reform (or Justice Reform Council)
- CoE CMCoE Committee of Ministers
- CoE/CoECouncil of Europe
- CPCouncil of Prosecutors
- CPEPerformance Evaluation Framework
- CSOCivil society organizations
- DCMISDetainee case management system
- DFATDDepartment of Foreign Affairs, Trade and Development, Canada
- DG JustDirectorate-General for Justice and Consumers of the European Commision
- DOJUnited States Department of Justice
- EaPThe Eastern Partnership
- ECHREuropean Convention on Human Rights
- ECJEuropean Court of Justice
- ECtHREuropean Court of Human Rights
- EPPEvaluation of Prosecutors’ Performance
- EU MSEU Member State(s)
- EUEuropean Union
- EUAMEuropean Union Advisory Mission for Civilian Security Sector Reform Ukraine
- FLAFree Legal Aid
- FoIFreedom of information
- GDPGross domestic product
- GOU/GoUGovernment of Ukraine
- HACHigher Administrative Court
- HCCHHague Conference on private international law
- HCJHigh Council of Justice of Ukraine
- HEIHigh educational institutions
- PCFCoE/EU Eastern Partnership Programmatic Co-operation Framework
- PDPPersonal data protection
- PEEPerformance effectiveness evaluation
- PEOPrivate enforcement officer
- PFMPublic financial management
- PGProsecutor General
- PMFPerformance Management Framework
- PPOPublic Prosecutor’s Office
- PPPPublic-private partnership
- PRPublic Relations
- QALAQuality and Accessible Legal Aid Ukraine Project
- RBCRegional Bar Council
- RPORegional Prosecutor’s Office
- PQDCsRegional Qualification and Disciplinary Commission
- SCSupreme Court
- SDPStrategic development plans
- SEPSector expenditure plan
- HELPEuropean Programme on Human Rights Education for Legal Professionals
- HQCHigh Qualification Commission
- HQDCHigher Qualification and Disciplinary Commission
- HRHuman Resources
- HRTFHuman Rights Trust Fund
- HSCHigher Specialised Court
- IMFInternational Monetary Fund
- IMSInformation management system
- IOPInteroperability
- INLUS Department of State Bureau for International Narcotics and Law Enforcement Affairs
- IRZGerman Foundation for International Legal Cooperation
- ISInformation system
- ISDInternal Security Department
- JCsee CJ
- JITJoint investigative team
- JSRSJustice Sector Reform Strategy
- LPOLocal Prosecutor’s Office
- LPPLegal Professional Privilege
- M&E;Monitoring and evaluation
- MISManagement information system
- MOEMinistry of Education of Ukraine
- MOFMinistry of Finance of Ukraine
- MOHMinistry of Health of Ukraine
- MoI/MoIAMinistry of Internal Affairs of Ukraine
- MOJ/MoJMinistry of Justice of Ukraine
- MORMinistry of Regional Development, Construction, and Communal Living of Ukraine
- MOUMemorandum of Understanding
- MSPMinistry of Social Policy of Ukraine
- MTBFMedium-term budgetary framework
- NACBNational Anti-Corruption Bureau of Ukraine
- NALSNational Academy of Legal Science of Ukraine
- NAPUNational Academy of Prosecutors of Ukraine
- NBCNational Bar Council
- NCPNational Conference of Prosecutors
- NPMNational Preventive Mechanism
- NSJNational School of Judges
- OSCEOrganization for Security and Co-operation in Europe
- SGSSelf-governance system
- SGUASupport Group for Ukraine
- SITSpecial investigative techniques
- SJAState Judicial Administration of Ukraine
- SJGBSingle Judiciary Governance Body
- SLAService-level agreements
- SOPStandard operating procedures
- SPSState Penitentiary Service of Ukraine
- SSUSecurity Service of Ukraine
- TCTraining Centre
- THBTrafficking in human beings
- TOTTraining of trainers
- UNBAUkrainian National Bar Association
- USAIDUnited States Agency for International Development
- USAID FAIRThe FAIR Justice Project of USAID
- VETVocational educational training
- WGWorking Group
Action | Implementation Deadline | Performance Criteria | ||||
End of 2016 | End of 2018 | End of 2020 | Measures/Outputs | Responsible Body / Means | Outcomes | |
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 management | 1. 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) - Performance management system tied to staff motivation schemes, with targets and indicators interoperable with other justice and law - Suitable candidates and more specialist staff (psychologists, psychiatrists, social and welfare workers, teachers, vocational, physical - 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 - Training courses for prisons staff, probation officers, legal professionals (lawyers, judges, prosecutors, police etc.) approximated, - On-line and distance learning training available - Key training subjects include international human-rights standards, (in particular prevention and effective investigation of - 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 regularly | SPS / 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 operational | SPS / 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 mechanisms | 1. Reviewed Disciplinary Statute of Prison Officers, procedural and other relevant regulations | SPS, 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 - 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 - Online tool for filing complaints against prison staff, and system of online-reporting to SPS for handling complaints, in place; ample - 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 - 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 - Regular internal monitoring reports, with conclusions drawn from external monitoring by NPM and CSOs | |||
2. Code of Ethics for SPS staff regularly updated and annotated | SPS / 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 abuse | SPS / Decisions, software in place, trainings, manuals, review reports, information materials (leaflets) | |||||
5. Statistics on disciplinary cases published and analysed in SPS Annual Reports | SPS / Reports | |||||
6. Regulatory framework in place on role and powers of SPS internal inspection. Inspections fully operational | SPS, 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 arrangements | 1. Reviewed regulatory framework on individual approach to sentencing | SPS, 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 - 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 - 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 - 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 - Clear and transparent disciplinary procedures for inmates and properly kept disciplinary records and files; prisoners provided with and - Role of health-care staff is clearly defined and not abused in prisoner disciplinary measures | |||
2. Sentencing guidelines developed | SPS, 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 prisoners | SPS / 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 regularly | SPS, 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 - 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 - Clear follow-up to each complaint on ill-treatment in prisons via official inquiry, obligatory medical check-up, secure recording of - Institutionalisation of management obligation to prevent and deal with inter-prisoner violence, including monitoring of illicit prisoner - 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 widely | SPS, law enforcement agencies / Decisions, information materials publications | |||||
3. Unified police custody register and video-recording system of all persons in custody in place | Law 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 provision | 1. Improved prison estate at selected establishments | SPS, 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 - Projections for required capacities of penitentiary establishments and their foreseen structure and type supported by evidence from - Practical and effective transition from dormitory type barracks to block placement, increasing average living space per prisoner, - Greater employment of public-private partnerships in escort provision, electronic monitoring, provision of work to prisoners and other - 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 | |||
2. Dedicated prison establishments for certain categories of prisoners, including juveniles | SPS, MOJ / Decisions, feasibility studies, procurement conducted | |||||
3. Reviewed regulatory framework on public-private partnerships (PPPs) in prisons | SPS, MOJ, Parliament / Decisions, statutes and rules amended | |||||
4. Prison ratings system in place | SPS / Decisions, rules amended | |||||
11.3.2 Improvement of health-care in prisons | 1. 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 - Increased protection by legislation and practice of the prison medical staff; institutionalised principle of professional independence of - Clear and foreseeable guidelines for healthcare professionals working in penitentiary establishments, necessitating development of - 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 categories | SPS / Decisions, SOPs, reports | |||||
4. Reviewed SOPs on dealing with drugs in prisons and drug harm reduction | SPS / Decisions, SOPs, reports | |||||
5. Practice guides and training modules on new prison healthcare policies and SOPs | SPS / Decisions, practice guides, trainings, publications | |||||
6. Treatment programmes developed and piloted on basis of new policies and SOPs | SPS / Decisions, reports, programme accreditation documents | |||||
11.3.3 Improvement of social, educational and psychological support of prisoners | 1. Reviewed employment policy and recruitment system in prisons, encouraging of employment of educators, social workers and psychologists as prison staff | SPS / 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, - System of incentives and model cooperation schemes for attracting private enterprises to employ prison workforce in place; regular - 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 - Facilitation of public procurement and grant procedures, introduction of tax and other incentives to involve CSOs more actively in the | |||
2. Vocational educational training system fully operational | SPS / 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 analysis | SPS / Decisions, reports, studies, programme accreditation documents, new programme roadmap | |||||
4. Reviewed regulatory framework on private-public partnerships | SPS, 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 framework | 1. Reviewed Concept of Probation | SPS, 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 - - 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 | |||
2. Reviewed regulatory framework on conditional release (parole) supervised by probation authority | MOJ SPS, CEIS, , PPO, SC, Parliament / Decisions, statutes and rules amended, practice guides | |||||
3. Sentencing guidelines developed | HSCs, 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 regularly | HSC, NSJ / Decisions, practice guides, trainings, publications | |||||
11.4.2 Development of regulatory and institutional framework for probation service | 1. 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 indicators | MOJ, 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 - Suitable office premises in each sub-division separate from police and prisons fully equipped with private interviewing facilities, - 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 - 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) - SPS research and analysis units regularly producing analysis of risk/needs profiles of offenders under supervision, providing guidance - 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 probation | SPS, CEIS, MOJ, / organisational chart, regulatory statutes and guidelines | |||||
3. Business plan for probation outlining financial needs of probation and available sources of funding | SPS, CEIS / Business plan | |||||
4. Probation offices established in sub-divisions of SPS with supporting infrastructure | MOJ, 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 operational | MOJ, 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 Ukraine | MOJ, SPS, CEIS/ Analysis report, recommendations, reports on consultation exercises, Co-Operation Strategy, local MOUs, trainings | |||||
8. User satisfaction surveys of probation authority | SPS, 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 services | MOJ, SPS, CEIS / MOUs, trainings, study visits, reports | |||||
11.4.3 Extension of institutional capacities of CSOs in probation system | 1. 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) - 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 - Centres established and range of programmes in place for juveniles including anger management, managing emotions, life skills and | |||
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 centres | MOJ, 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 system | 1. 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 - PMF standards for frontline staff containing standards allowing line managers to develop and monitor their performance through annual - Training programmes for employees of probation service are developed and implemented using interactive training methods, including - Training delivery plan with analysis of project resources (international and national) in place to cover quickly maximum number of future - Regular selection and training of staff and faculty of educational institutions for training of trainers to train future probation - 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 place | MOJ, SPS, CEIS / Decisions, statutes and rules amended | |||||
4. Development of Performance Management Framework (PMF) for front-line staff | SPS, 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 modules | SPS, 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 capacities | 1. Definition of scope, extent and procedures of implementation for pre-trial reports | MOJ, 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 - 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 - Revised version of adult assessment system issued after completion of validation study with accurate scoring system linked to suitability - Establishment of case management process for probation cases with cycle of assessment, sentence plan, sentence execution, review and | |||
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 place | MOJ, SPS, CEIS / Case Management Guidance Manual | |||||
11.4.6 Development of range of evidence-based interventions to reduce reoffending | 1. 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 - 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, - 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 - Outreach and finalising works to establish advisory body (with representatives of State authorities) for expert review of developed | |||
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
- 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%).
- Criminal trial monitoring surveys conducted by external observers attest improvement of affairs in fairness of proceedings (baseline: 2015).
- 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).
- 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).
- 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%).
- 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).
- 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).
- 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
- 5 % annual decrease in overall length of criminal proceedings (from moment of ’charge’ to ‘final decision’) (baseline: 2014; from average length previous year).
- Pre-trial reports developed (baseline: proportion of relevant cases at material time; suggested 2016 target – 20% of cases, 2018 target – 30%; 2020 target – 40%).
- 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.).
- 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).
- 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.).
- 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).