Community Sanctions in Croatia Neven Ricijaš, Ph.D. Department of Behavior Disorders Faculty of Education and Rehabilitation Science University of Zagreb

Content 1. Community Sanctions for Juvenile Offenders 2. Community Sanctions for Adults (Major Offenders)

Juvenile offenders 1. Legal backgroud 2. Practice

Law on Juvenile Courts  Major law  Juveniles have a special position in Croatian justice system  The Law differs three age groups of young offenders: 1. Younger juveniles (14 to 16 years of age) 2. Older juveniles (16 to 18 years of age) 3. Younger adult persons (18 to 21 years of age)  Centers for Social Welfare have a special position in procesing juvenile offenders

Criminal offence Police Sanction Attorney office Juvenile Court accusation Criminal charges Center for Social Welfare 1.Report and analysis 2.Conducting and supervising sanctions

Two types of measures 1. Educational measures… 2. Juvenile Prison:  only for older juveniles (16 +)  Max. 5 years (exceptionally 10 years)  In juvenile prison until they turn 23 years of age

Educational measures A) Measures of warning 1. Judicial admonition 2. Special obligations (max. 1 year) 3. Assignment to disciplinary center (15 days – 3 months) B) Measures of probation (6 months – 2 years) 4. Increased supervision and surveillance 5. Increased supervision and surveillance with daily reporting to correctional institution C) Institutional measures 6. Assignment to correctional institution (6 months – 2 years) 7. Assignment to rehabilitation center (6 months – 2 years) 8. Assignment to special correctional institution (max. 3 ears)

Juvenile probation Increased supervision and surveillance

 Sanction can last from 6 months to 2 years  Social welfare center is responsible for the sanction  Probation officer can be a professional workin in the Center, or external associate (external P.O.)  The Juvenile Court supervises probation at least once in 6 months

History  Croatia has a long history of community (probation) sanctions for juveniles  The Law from says that juveniles can be release on probation from institution  The Law from puts juvenile probation (as community sanction) as regular sanction

Statistics 1.  Juvenile probation makes 50% of all sanctions for juvenile offenders and it’s a very important sanction in Croatia  Special obligations have an important role in juvenile probation  They are oriented on a specific risk factor that contributed to the offence or is a dynamic risk factor that predicts recidivism

1. to apologize to the victim, 2. to restitute the damage from the criminal offence in the way juvenile can (the Law prescribes that juvenile can’t work more than 60 hours and he has to restitute the damage within tree months), 3. to go to school regularly, 4. to go regulary to his workplace, 5. to take vocational training he prefers and has culpabilities for, 6. to accept job and to be persistent in it, 7. to do the community work (the Law prescribe that juvenile can’t work more than 120 hours and he has to finish it within 6 months), 8. to avoid some places (bars and locals) and to keep distance from some people that my have negative influence upon him, 9. to undertake some medical procedure or a drug rehabilitation program (this obligation can only be realized with the acceptance of his parents or legal representative), 10. to join individual or group counseling, 11. to undertake seminars for some qualification, 12. restriction of leaving his place of residence without special approval of his Center for Social Care, 13. to go to driving school to test his knowledge of traffic rules.

Statistics 2.  Criminal offences:  55% for property offences  30% for drug offences  5% for violent offences  Other offences are against public order, authenticity of documents, safety of persons and property and safety in traffic…

Probation officer 1.  Makes assessment  Makes individual treatment program  Writes monthly reports  Sends reports to the Court every 3 months  Works individually with the juvenile  Works with the parents  Supervises school, work, leisure time activities, peers, drug use… - all risk factors for recidivism

Probation officer 2.  After two years (maximum) writes final report to the Court  Finishes interventions  Juveniles don’t have an official criminal record  They can get a document from the Court as if they have never been sentenced  Police has the record, so does the Court and attorney office and the Center, but it’s not a public document

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Community sanctions for adults 1. conditional sentence with probation 2. community work

1. Probation  Croatian Criminal Code differs 3 types of community sanctions: 1. Conditional sentence 2. Conditional sentence with supervision (probation) 3. Community work  Legal background was adopted in but there was no organization in practice till the late 90’s

Probation and Community Work Code  In 1999  Probation can be sentenced for offences up to 5 years of prison (exceptionally up to 10 years)  Probation can last from 1 to 5 years  Special obligations can also be given within probation

Probation officers  Professionals who work in justice system (prisons, jails, etc.)  But also professionals who work in other public systems (especially social welfare system that have experience in juvenile probation)  We don’t have probation service yet, nor is probation officer a full time job – so it’s a part time job activity  Current reforms within the Ministry of Justice are building a probation service and are working on professionalisation of probation activities

2. Community work  The aim of this sanction is to reduce the number of short prison sanctions (up to 6 moths of prison)  Person has to agree to this sanction  Min. 10 working days (eq. for 30 prison days)  Max. 60 working days (eq. for 6 months in prison)  Min. time = 1 month  Max. time = 1 year

Probation Total Community work Total Statistic 1.

Statistics 2.  Most common offences in Probation 1. neglect and maltreatment of a child or a juvenile 2. violence in the family 3. drug offence 4. property offence 5. lewd acts

Statistics 3.  Most common offences in Community Work 1. drug offences 2. property offences 3. violent behavior 4. injury 5. illicit possession of weapons and explosive substances 6. causing traffic accident

Future development of Probation in Croatia  Creating Probation Department within Ministry of Justice, with Probation Offices in every major region in Croatia  To have P.O. as full time professionals  New Law on Probation defines more community sanctions  Probation Service will work in pre trail, on probation, on parole and community work  Also with victims  As well as with family members (of an offender and of a victim)

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