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Dr. Ineke Pruin Department of Criminology University of Greifswald/Germany

How to release? Structures and concepts for the resettlement of prisoners in Germany in a European Comparison. Dr. Ineke Pruin Department of Criminology University of Greifswald/Germany Budapest, 5 September 2013. Outline. Introduction Development of German Prison Acts

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Dr. Ineke Pruin Department of Criminology University of Greifswald/Germany

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  1. How to release? Structures and concepts for the resettlement of prisoners in Germany in a European Comparison Dr. Ineke Pruin Department of Criminology University of Greifswald/Germany Budapest, 5 September 2013

  2. Outline • Introduction • Development of German Prison Acts • Development of German release practices • Promising strategies in Europe

  3. Prison Acts of the Länder (as of 29/08/2013)

  4. Release fromprison: different servicesandresponsibilities Community Social Services ( esp. Voluntary-Ex-Offenders Service (VEOS), Public Employment Agency) Probation Service (PS) Prison Social Service VEOS A PS in Community A Prison A PEA A Health Service PS in Community B Depths Service Prison B VEOS B Community C VEOS A PEA B Community D Prison C VEOS D Community E Housing

  5. Release fromprison: different servicesandresponsibilities Community Social Services ( esp. Voluntary-Ex-Offenders Service (VEOS), Public Employment Agency) Probation Service (PS) Prison Social Service VEOS A PS in Community A Prison A PEA A Health Service PS in Community B Depths Service Prison B VEOS B Community C VEOS A PEA B Community D Prison C VEOS D Community E Housing

  6. Release structures under the (old) Federal Prison Act • Prison social services shall collaborate with all other relevant authorities (§ 74 and § 154 Prison Act), missing binding structures/responsibilities for the cooperation, responsibility of prison social service ends on the day of release. After care and voluntary return to prison only for prisoners subject to Social Therapy measures. • Concept for “continuous care” only for prisoners who are released early and are instructed to stay under the supervision and support of the probation service, missing binding structures/responsibilities for the cooperation.

  7. Release structures under the (old) Federal Prison Act (2) Prison can grant a special prison leave of up to one week to prepare for release (§ 15 III Prison Act), prisoner shall be given the possibility to go outside for some hours or a day alone or under the surveillance of a prison officer to address issues outside prison (§ 15 I Prison Act), prisoner can be transferred to an open prison (§ 15 II Prison Act). Discretionary system of early release: exact date of release becomes difficult to anticipate due to the discretion of the court and “difficult” legal criteria.

  8. Prison Acts of the Länder 1. Binding structures and responsibilities

  9. Prison Acts of the Länder 2. Aftercare and voluntary return

  10. Prison Acts of the Länder 3. Special prison leaves and privileges

  11. Prison Acts of the Länder 4. Transfer to open prisons or special institutions

  12. New developments below the level of law Special programmes and projects concerning „transition management“ („Übergangsmanagement“), especially: programmes supporting prisoners to find a job after their release to prepare a promising structure for the life outside prison. Change in organisational structures, especially: the same department of the Ministry of Justice is responsible for both Prison Social Services and Probation Services. Promising: better collaboration. Contracts between prisons and probation services or other services to structure tasks and responsibilities concerning the release of prisoners.

  13. Promising European practices (from a German point of view) System of automatic release allows for better planning and “continuous care” (see Padfield/van Zyl Smit/Dünkel 2010) Supervised probationary liberty (e.g. FIN, IRE) “køreplan for god løsladelse”(DK) Halfway houses Mentoring programs : e.g. High Five (DK, see Déscarpes/Durnescu 2012), C.R.I.S (Criminals’ Return Into Society)?, Projects for labour integration (Déscarpes/Durnescu 2012) DOMICE, Ex-offender Community of Practice ExOCoP Etc. etc. etc.???

  14. Please contact me if you are interested in an exchange of promising practices – I will organise a workshop in 2014 in Germany.

  15. Thank you for your attention! For further information: Dr. Ineke Pruin Ernst-Moritz-Arndt-University of Greifswald Department of Criminology Domstr. 20 D-17487 Greifswald/Germany E-mail: ineke.pruin@yahoo.de Internet: http://jura.uni-greifswald.de/duenkel Tel.: ++49-(0)176-31383740   

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