ALTERNATIVES TO IMPRISONMENT

COMMUNITY SENTENCE IN

NORWAY(PROBATION)

Author: Tamara Rojšek

May, 2009.

Probation:Probation:

In modern criminal administration, In modern criminal administration, allowing a person convicted of allowing a person convicted of

some offense to remain free under some offense to remain free under a suspension of a jail sentence a suspension of a jail sentence

during good behavior and during good behavior and generally under the supervision or generally under the supervision or guardianship of probation officer guardianship of probation officer

together with other restrictions as together with other restrictions as the court may impose.the court may impose.

The police force in Norway is subject to the The police force in Norway is subject to the decisions of the Public Prosecution Authority in decisions of the Public Prosecution Authority in criminal investigations and the determination of criminal investigations and the determination of whether criminal proceedings are to be initiated. whether criminal proceedings are to be initiated. The police are supervised by the Ministry of Justice The police are supervised by the Ministry of Justice in police functions bearing upon public order. in police functions bearing upon public order. Officials in the higher echelons of the police belong Officials in the higher echelons of the police belong to the Public Prosecution Authority, which is to the Public Prosecution Authority, which is responsible for determining if the evidence in given responsible for determining if the evidence in given cases is sufficient to warrant criminal prosecution. cases is sufficient to warrant criminal prosecution. Criminal cases may be considered by either a Criminal cases may be considered by either a district court or the High Court (for serious district court or the High Court (for serious offenses). offenses). Appeals are heard by the Supreme Court. Appeals are heard by the Supreme Court. General penalties are imprisonment, detention, and General penalties are imprisonment, detention, and fines.fines.

As of January 1980, probation and aftercare As of January 1980, probation and aftercare were transferred to a national system, and were transferred to a national system, and such services previously provided by private such services previously provided by private organizations were terminated. organizations were terminated. The Department of Prison and Probation in The Department of Prison and Probation in the Ministry of Justice deals with issues of the Ministry of Justice deals with issues of prison administration, probation, and prison administration, probation, and aftercare. aftercare. The staff of the Probation and Aftercare The staff of the Probation and Aftercare Service consists of a division head, Service consists of a division head, executive officers, a psychologist, social executive officers, a psychologist, social workers, managers, therapists, and a part-workers, managers, therapists, and a part-time teacher. time teacher. Background reports are prepared on Background reports are prepared on defendants and offenders, and services are defendants and offenders, and services are provided to help clients adjust satisfactorily provided to help clients adjust satisfactorily in the community. in the community.

Probation services do not duplicate and Probation services do not duplicate and attempt to use services provided by attempt to use services provided by

existing community institutions. existing community institutions. The Probation and Aftercare Service The Probation and Aftercare Service provides those services that do not provides those services that do not

already exist in the community. already exist in the community. The primary purpose of the officer-The primary purpose of the officer-

client relationship is to provide client relationship is to provide assistance to the client in assessing assistance to the client in assessing

his/her situation and develop strategies his/her situation and develop strategies for resolving problems. The Service for resolving problems. The Service may assist in education, vocational may assist in education, vocational

training, and the provision of housingtraining, and the provision of housing

AA long, well-prepared long, well-prepared community sentence is a better community sentence is a better

option to prevent new crime option to prevent new crime than a short prison sentence. than a short prison sentence.

Short prison sentences will in Short prison sentences will in general not be followed up by general not be followed up by

any types of rehabilitation any types of rehabilitation during the stay in prison and during the stay in prison and

they therefore do not tackle the they therefore do not tackle the underlying factors of the underlying factors of the

offending behaviour. offending behaviour.

Community sentence Community sentence

- - TThe offender within his local he offender within his local community should pay back for the community should pay back for the crime and harm he had committedcrime and harm he had committed - - The offender The offender isis requiredrequired to give up to give up some of his free time to undertake some of his free time to undertake

unpaid work for the benefit of the local unpaid work for the benefit of the local community community and at the same time the and at the same time the

offender could continue his work, offender could continue his work, education, contact with family and education, contact with family and

friendsfriends

Unpaid work Unpaid work iis designed to s designed to teach the offender pro-socoal teach the offender pro-socoal

attitudes and behaviour.attitudes and behaviour. The skills and experience The skills and experience

gained by the offender when gained by the offender when he carried out unpaid work, he carried out unpaid work,

should hopefully lead them to should hopefully lead them to find paid employment.find paid employment.

The 1990`s were a decade of great changesThe 1990`s were a decade of great changes for for the Norwegian Correctional Servicethe Norwegian Correctional Service

An evaluation of community service An evaluation of community service concluded that some important changes concluded that some important changes

were required:were required:

- - Rules of procedure were lackingRules of procedure were lacking- - Breaches should be dealt more firmly and Breaches should be dealt more firmly and

consistentlyconsistently- - Community service was only based on one Community service was only based on one activity – unpaid work.activity – unpaid work. ((This provided no flexibilities. This provided no flexibilities.

Research had showed that if we paid attention to other Research had showed that if we paid attention to other activities, such as employment, treatment, housing, life skills - activities, such as employment, treatment, housing, life skills -

the chances of rehabilitation and preventing crime would the chances of rehabilitation and preventing crime would increaseincrease))

--Community service needed more public Community service needed more public confidenceconfidence

At the same time a closer link between the At the same time a closer link between the Probation and Prison service became in focus and Probation and Prison service became in focus and

subjects like “what works”, assessment of need and subjects like “what works”, assessment of need and risk, cognitive programs, the role of the probation risk, cognitive programs, the role of the probation

officer enter the stage. officer enter the stage. Changes continued into the new millennium and in Changes continued into the new millennium and in 2001 2001 theythey established the Norwegian Correctional established the Norwegian Correctional Service that combines both prison and probation. Service that combines both prison and probation. Community service was reorganized and renamed Community service was reorganized and renamed

to to Community sentencepunishmentCommunity sentencepunishment

Throughout 2001, 3304 new probation orders were Throughout 2001, 3304 new probation orders were implemented.implemented.

These were: probation under deferred sentence, These were: probation under deferred sentence, community servicecommunity service, preventive supervision, release , preventive supervision, release on parole, and conditional discharge. Throughout on parole, and conditional discharge. Throughout

the year, a total of 5485 persons were under the year, a total of 5485 persons were under supervision or completing community sanctions.supervision or completing community sanctions.

Community sentence is a major Community sentence is a major sentence, an alternative to sentence, an alternative to

imprisonment. imprisonment. The sentence represents something The sentence represents something

new compared to alternative sanctions new compared to alternative sanctions used in the rest of Europe: The used in the rest of Europe: The

Probation service is given the authority Probation service is given the authority to make the necessary decisions to make the necessary decisions

during the execution of the sentence during the execution of the sentence at the local level. at the local level.

In each particular case the probation service In each particular case the probation service determines the precise content of the determines the precise content of the

sentence. There are three types of sentence. There are three types of punishments that may be given separately punishments that may be given separately

or in combination:or in combination:

1. Community service – that is 1. Community service – that is unpaid workunpaid work

2. Participation in cognitive skills 2. Participation in cognitive skills programsprograms

3. Other measures that is 3. Other measures that is suitable for preventing crimesuitable for preventing crime

The range of options is very wide and allows lot The range of options is very wide and allows lot more flexibility in how different elements of a more flexibility in how different elements of a

sentence can be combined. sentence can be combined. This implies that This implies that theythey may design an individual may design an individual

sentence and choose specific tools that we think will sentence and choose specific tools that we think will work best for each offender. work best for each offender.

A long community sentence gives A long community sentence gives theythey enough time enough time to work on the offender’s motivation, problems, way to work on the offender’s motivation, problems, way

of thinking and practical issues. of thinking and practical issues. Community sentence is based on three pillars: Community sentence is based on three pillars:

Punishment – Reparation – Rehabilitation. Punishment – Reparation – Rehabilitation.

This is the only sentence that incorporate all three This is the only sentence that incorporate all three notions and the balance between the three notions and the balance between the three

principles is considerable important.principles is considerable important.

Punishment Punishment ((the aspects of punishmentthe aspects of punishment))

Community sentence is not a way Community sentence is not a way of avoiding punishment, but the of avoiding punishment, but the offenders are being punished in offenders are being punished in

another way. Community sentence another way. Community sentence includes a broad range of strict includes a broad range of strict

requirements and a proper requirements and a proper planned and resourced community planned and resourced community

sentence, is a hardship for the sentence, is a hardship for the offender, it is not a soft option.offender, it is not a soft option.

Reparation Reparation ((the aspects of reparationthe aspects of reparation))

Crimes are committed in the Crimes are committed in the community, it is the community that community, it is the community that suffer from the crime and deserve suffer from the crime and deserve reparation. There must be a public reparation. There must be a public confidence that the punishment fits confidence that the punishment fits the crime and that the offender will the crime and that the offender will

pay back for the harm and damage his pay back for the harm and damage his offending has caused. The society will offending has caused. The society will be pleased when the offender is being be pleased when the offender is being

punished and that the retributive punished and that the retributive element is being satisfied.element is being satisfied.

RehabilitationRehabilitation

The most effective way of helping offenders The most effective way of helping offenders to change their criminal behaviour, is to to change their criminal behaviour, is to

address the factors that contribute to their address the factors that contribute to their offending. offending.

Usually that is: lack of employment, Usually that is: lack of employment, education, life skills, housing, mentally education, life skills, housing, mentally

illness, alcohol an drug problems.illness, alcohol an drug problems. Researced Researced has shown that rehabilitative programs are has shown that rehabilitative programs are more effective when they are delivered as a more effective when they are delivered as a part of a community sentence. Because, in part of a community sentence. Because, in

the community the offenders can test the community the offenders can test themselves in the midst of the reality of themselves in the midst of the reality of

daily life.daily life.

Some statistics for Nordic Some statistics for Nordic countrys :countrys :

Resources :Resources :

http://www.norlam.md/docs/Willy_Althttp://www.norlam.md/docs/Willy_Alternatives%20to%20imprisonment_enernatives%20to%20imprisonment_en.doc.doc

www.yorkcounty.gov/districtcourt/glowww.yorkcounty.gov/districtcourt/glossary.htmssary.htm

http://www.ncjrs.gov/App/Publicationhttp://www.ncjrs.gov/App/Publications/abstract.aspx?ID=86337s/abstract.aspx?ID=86337

http://www.kriminalforsorgen.dk/Publhttp://www.kriminalforsorgen.dk/Publika/statistisk_materiale/nordic_statistiika/statistisk_materiale/nordic_statistics/html/kap04.htmcs/html/kap04.htm