The Role of Probation in the Pre-trial and Penitentiary Stages in The Netherlands in International Perspective Leo Tigges Former Secretary General CEP Former Operational Director Dutch Probation

Distribution of budget Advice units: 22 % Supervision units: 60 % Community service units: 17 %

What are the risks of re-offending? How to control the risks (supervision, treatment, training, involving network)? What kind of sentence options will work? Motivation offender? Information sources/verification Conditions to be imposed by judicial bodies and controlled by probation during a specified period of time Content pre-sentence report

Extensive court reports based on (Dutch version OASYS  risk assessment tool increased confidence judiciary as the advice is based on objective information Format report: leads to paying equal attention to relevant factors  as long as reports are not copies from other reports (individualized profile of offender) Verification/information sources backs up/nuances or contradicts offender’s opinion Tools and format

Commissioning authorities: in most cases public prosecutors, sometimes examining judges, in rare case the courts But: public prosecutors can be advised to consider a report via Probation counters in the offices of the public prosecutor/courts (“Palace of Justice”) Role of prosecutors and judges regarding preparation of pre-trial reports 1

Role of prosecutors and judges with respect to preparation of pre-trial reports 2 – “As Soon as Possible”-network organisations at a police station: public prosecutor, probation, child care protection, victim support; a decision is taken how to process the case: no prosecution, involvement of aid organisations, prosecution, transaction, pre-trial extensive court report In the case of an extensive report: public prosecutor will often communicate if he has special questions or focus points: for instance suitability for an alternative sanction Retrieved from Canton

Reports to assist with sentencing: functions Objective information to courts about offender, sentence options and suitability Contribution to perceived fairness of sentence  acceptance of sentence contributes to a lower reconviction rate Helps the justice system to make optimal use of the array of sentence options Contributes to economic savings if the right offender is matched with the least costly and most effective sentence

Could the Dutch Judiciary do without pre-trial reports? For Dutch Judges and Public Prosecutors it is unimaginable to have a work process without pre-sentence reports They feel not comfortable to take a decision without the information on risk, opportunities and suitability of alternative sentencing options (“right decision?”) Pre-sentence reports is for judges a pathway to use cheaper, more effective alternative sanctions

Domains of probation 1.Pre-sentence options 2.Non-custodial options 3.Immediate Custody 4.Early Release

Pre-sentence options Interventions during pre-trial custody Electronic Monitoring in place of pre- trial custody Victim Offender Mediation Reports to assist with sentencing

Non-custodial options Suspended Imprisonment Supervised Conditional Sentence Supervised Conditional Sentence Unsupervised Electronic Monitoring Sentence Community Service

Immediate Custody Delivering behavioural programmes Preparation for release Advice reports for penitentiary programmes or conditional release

Early Release Supervised Probationary Freedom (Penitentiary Programme) Conditional Release Unsupervised Conditional Release Supervised Unsupervised Release at Full Term

Detention Rates 2014/15/16 US698Russian Federation 442 Georgia 274 (717) Kazakhstan 221 Hungary 187 (280) Slovakia 185 Montenegro 17 (279)Macedonia 147 Serbia 148France 100 (267) Croatia81 Ireland 82 (123) Bosnia80Norway 71 (39) Slovenia73Netherlands 69 (220) Denmark 61 (138) Finland 57 (27)

Moderate use of prison and probation North-Western Austria, Belgium, Denmark, England + Wales, Finland, France, Ireland, Netherlands, Northern Ireland, Norway, Sweden, Switzerland Southern Greece, Italy, Portugal, Spain Retrieved from Delgrande

Overuse of both prison and probation Central Bulgaria Croatia Estonia Hungary Latvia European countries Lithuania Poland Romania Serbia Retrieved from Delgrande

Overuse of incarceration Eastern Europe : Armenia Azerbaijan Georgia Moldova Retrieved from Delgrande

Observation Countries with moderate use of prison and probation have: – Mature system of pre-sentence reports – Are integrated in the Justice chain: good working relationships with Public Prosecutors, Judiciairy, Prisons, Municipalities