CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 133: Preparing for release after serving the sentence

1The main aim of the rehabilitation activity in the penitentiary facility for children is to prepare the child for release in order to ensure rehabilitation and return of the child in the society.

2The administration of the Institution of Execution of Criminal Sentences for children, for the purposes of paragraph 1 of this article shall take measures, from the very beginning and through daily updating, to draft a special plan together with the child, family and in cooperation with the child protection structures.

3The administration of the Institution of Execution of Criminal Sentences for children, shall make sure that the child understands the content of the plan.

4For the performance of rehabilitation activities, the Crime Prevention Centre for children and young adults shall be set up at the Ministry of Justice to monitor and protect children/young adults after serving sentence according to the provisions of this article. Specific rules concerning the structure and organisational structure of the Crime Prevention Centre for Children and Young Adults shall be determined by decision of the Council of Ministers.

5After serving two thirds of imprisonment term, but not less than three months before the date the punishment ends, the staff of the Institution of Execution of Criminal Sentences for children, shall:

ainform of the date the punishment of the child ends, the child’s legal representative and the Crime Prevention Centre for Children and Young Adults and the Unit for Protection of the rights of the child;

bprovide the child with psychological and educational support to be prepared for release;

cgive the child the possibility to make short visits at home;

çprepare a file with data on social situation of the child, with the purpose to strengthen the child’s re-socialization;

dprovide the child with information understandable by the child in order to have appropriate access to aftercare and support after serving sentence;

dhcollaborate with health care institution in the place of residence of the child in order to implement the reintegration programme for the aspects related to the child’s health.

6The representatives of the Crime Prevention Centre for Children and Young Adults in cooperation with the Unit for Protection of the rights of the child shall:

atake all the necessary measures in order for the child to understand the terms and conditions of rehabilitation and re-socialization programs;

bbecome familiar with the file containing data on social inclusion of children in detention or prison facilities;

cmeet the child in adequate premises;

çapprove the rehabilitation and re-socialization programmes not later than three months from the submission of the request, if the child so requests;

densure compliance with and review of programmes in prison facilities, if necessary.

7Not earlier than three months before the lapse of the time limit for conditional release and not earlier than three months from serving the imprisonment sentence, the staff of the Institution of Execution of Criminal Sentences for children shall:

ainform the child, child’s legal representative and the Probation Service of the date the punishment ends;

binform in writing the Crime Prevention Centre for Children and Young Adults, the Probation Service, the Unit for Protection of the rights of the child, of the family risk and social/environmental risk and of the needs of children outside IECS.

8The representative of the Probation Service shall:

amake an assessment of family and social/environmental risks and the needs of the child outside IESC;

bissue the required documentation for the conditional release of the child, based on the assessment of the family and social/environmental risk of the child outside IECS.

9The forms and rules for drafting the documentation on conditional release and the assessment of risk and the family and social/environmental needs foreseen in this article shall be defined by instruction of the Minister of Justice.

10The forms and rules for drafting the documentation on conditional release and the assessment of risk and the family and social/environmental needs foreseen in this article shall be defined by instruction of the Minister of Justice.

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