1. STEPS 2 Resettlement JUST/2011/JPEN/AG/4605 “The role of social rehabilitation, victims and information management” Workshop Funded by the Criminal Justice Programme of the European Union

2. 2 In prison After prison FD 909 Task: secure social rehab Info need “The role of social rehabilitation, victims and information management” Intro Methodology Double Perspective Concerns Conclusions

3. 3 What we did Literature Review Social rehabilitation – resettlement and through the gate Data protection and information exchange Role of Victims Questionnaires Prison authorities (re information need) Practitioners(re social rehabilitation practice) Focus groups Prisoners Prison practitioners Privacy experts Judges Study visits Finland, Spain Croatia, Estonia Intro Methodology Double Perspective Concerns Conclusions

4. 4 Social rehabilitation perspective How is it interpreted in national practice? How does it apply to foreign nationals? Both during sentence as well as after release Information needs perspective Avoid conceptual difficulties Relatively open question to prison authorities Limitation: only ‘during sentence execution’ Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

5. 5 Objectives Identify what kind of services are provided to prisoners to prepare them for release / promote social rehabilitation? Identify how this is done in the case of foreign nationals? do they have access to comparable services? do they have any special support (e.g. to facilitate family contact)? Identify what services are available to prisoners after release? how are returning citizens ‘connected up’ with these systems to ensure they get the support they need? Identify what (if any) additional supports are made available to returners? Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

6. 6 Findings Social rehabilitation plays little part in the FD 909 process – neither in taking the decision about transfer nor in the processes that follow Prisoners (and often staff) have little understanding of what is taking place and little or no opportunity to influence it Few countries ask the individual about their social rehabilitation needs (i.e. prisoners minimally involved in processes) On transfer, sending additional information complementing certificate is rare Several countries say they would like to receive much more information Very few examples of thinking / planning beyond release Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

7. 7 Recommendations 1.Up to date database with country information 2.Responsible authorities must be readily identifiable – Idea of an International Desk 3.States should plan for both possibilities – transfer or stay – and put resettlement support in place 4.Transfer process should start as soon as possible. Time limits should be set for various stages Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

8. 8 Recommendations 5.Prison services and probation agencies should liaise with resettlement organisations to alert them to the distinctive position of people transferred ‘back’ to their country. 6.A form / template should go with the Certificate with information to contribute to the assessment of risks and needs. Every attempt should be made to build on sentence planning / resettlement work that has been started in the issuing state. Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

9. 9 Questions for discussion 1.Is it feasible to influence states to put Social Rehabilitation at the forefront of the FD 909 process? 2.Do the findings reflect what you believe happens in your country? 3.Are the six recommendations feasible? Which would be most effective and which is a priority? 1.Information Database for country information 2.International Desks 3.Planning for transfer and stay 4.Time Limits 5.Liaison with re-settlement services for returnees 6.Risk and Needs template for sentence planning Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

10. 10 Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

11. 11 Social rehabilitation perspective Information Needs perspective Information Needs perspective Rationale behind Information need Security issues Security of the prisoner himself Security of other prisoners and prison staff Social rehabilitation Cognitive and behavioural treatment Socio economic support Intro Methodology Double Perspective Concerns Conclusions

12. 12 Security self / other Identification related information Name and forename Finger prints Criminal background No exchange needed | No direct access needed Hit - no hit alert system Medical background Doctor to doctor exchange Alert systems & recommended action Transmittable diseases, allergies Psychiatric issues, medication Behaviour in prison Privileges & disciplinary measures hard to read Free text appreciation Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

13. 13 Cognitive and behavioural treatment Identification related information Name and forename Criminal background No exchange needed | No direct access needed Fact sheet on number of convictions & time line Relevant additional information not available Medical background Doctor to doctor exchange Discussion on information on substance abuse beyond drug treatment programme Behaviour in prison Privileges & disciplinary measures hard to read Free text appreciation Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

14. 14 Socio-economic support Identification related information Name and forename Criminal background No exchange needed | No direct access needed Fact sheet on implications prior conviction (with consent of the prisoner involved) (work, housing) Socio-economic background Relevant information often not available Need to prioritise is questionable Family context (linked to financial dependence, housing, …) Financial capacity Professional qualifications Social rehabilitation perspective Information Needs perspective Information Needs perspective Intro Methodology Double Perspective Concerns Conclusions

15. 15 State sovereignty vs effectivity EU instruments Countries will take their own decisions about who should be transferred, but FD 909 will fail in its purpose unless the process is managed in a way that maximises prospects of social rehabilitation Letter of the law vs Spirit of the law The FD must implemented in its spirit as well as in the letter of the law and achieving this would bring enormous benefits for prisoners, their families, for staff working with them during and after their time in prison and to the general public through reduced reoffending. Intro Methodology Double Perspective Concerns Conclusions

16. 16 Intro Methodology Double Perspective Concerns Conclusions Support for recommendations (set I – work stream 3) 1.Information Database for country information 2.International Desks 3.Planning for transfer and stay 4.Time Limits 5.Liaison with re-settlement services for returnees 6.Risk and Needs template for sentence planning Support for recommendations (set II – work stream 2) 1.Consider victim when taking the transfer decision (right to be heard, information) 2.Consider victim during the sentence execution (mediation, damages) 3.Consider (also future) victim when deciding on release (cfr. Victims Liaison Officer)

17. 17 Intro Methodology Double Perspective Concerns Conclusions Support for recommendations (set III – work stream 4) 1.Recognise the concerns raised by practitioners working with transferred prisoners 2.Ensure the availability of information to ensure the security of the transferred prisoner and the security of the other prisoners and prison staff 2.1. Fingerprint data 2.2. Build a hit/no hit system linked to existing criminal records data 2.3. Alert template regarding health information

18. 18 Intro Methodology Double Perspective Concerns Conclusions Support for recommendations (set III – work stream 4) 3.Exchange information to allow continuation/quick start up of cognitive and behavioural treatment of the transferred prisoner (including drug treatment) 3.1. Focus on certificate information 3.2. Introduce fact sheet on criminal background 3.3. Functional use of information on substance dependence 3.4. Free text appreciation of behaviour of prisoner 4. Exchange information to allow continuation/quick start up of support regarding the social context of the transferred prisoner 4.1. Introduce fact sheet on implications criminal record 4.2. Support exchange of information on family situation