THE ANNUAL REPORT OF THE CRIMINAL SANCTIONS FIELD 2006

THE ANNUAL REPORT OF THE CRIMINAL SANCTIONS FIELD 2006

THE ANNUAL REPORT OF THE CRIMINAL SANCTIONS FIELD 2006 Duties and goals of the criminal sanctions field...1 Management review...2 Penalties according to the offence...4 Enforcement transfers...4 Release...4 Prison court...4 YEAR OF PRISON SERVICE REFORMS...5 Overall reform of the prison services includes 400 sections of law...5 District prisons started in October...7 Activities...9.. Work...9 Studying...9 Rehabilitative activities...9 Order and security...9 Less escapes yet more unauthorised leaves...9 COMMUNITY SANCTIONS IN 2006...11 Qualitative development and equal enforcement as main goal...11 Background of community service clients...11 Supervision of conditionally sentenced young offenders...13 Juvenile punishment...13 Community service...14 Supervision of parolees...14 CO-OPERATION...15 National co-operation partners...15 International co-operation introduces the best practice of the field...15 PERSONNEL AND FINANCES...17 Year of personnel reforms...17 Personnel structure...17 Finances...18 Personnel expenses...19 Income and expenses account of the accounting office...19 Criminal sanctions agency...20 NEW ORGANISATION NEW IMAGE In connection with the organisation reform, the Criminal Sanctions Agency also renewed its graphic image to correspond to the modern criminal sanctions field. The new image was first introduced in the 2006 leaflets presenting the functions of the Prison Service and the Probation Service as well as the modern Finnish prison conditions to the general public. The uniform graphic image is used in all the publications, forms, envelopes and business cards of the Criminal Sanctions Agency and also in this Annual Report where the visual theme resembles a road similar to the logo. The new Criminal Sanctions Agency logo symbolises different coloured bricks, which describe the progress of the process: brown for offence, blue for sentence, green for freedom, and orange for future. Cross the bricks there is a track, which has to be passed through before release. Nevertheless, it exists and offers the possibility to lead a new life without crime.

Duties and goals of the criminal sanctions field The Prison and Probation Services are part of the criminal sanctions system. Their common goals are to contribute to the security in society by maintaining a lawful and safe system of enforcement of sentences; and to assist in reducing recidivism and preventing the development of social exclusion which maintains criminality. The Prison Service enforces the prison sentences and the conversion sentences for unpaid fines imposed by the courts of law and takes care of the enforcement of remand imprisonment. The Probation Service is in charge of the enforcement of community sanctions and other activities related to noncustodial sanctions in the person s normal surroundings. The Criminal Sanctions Agency is a central administrative agency of the criminal sanctions field responsible for the direction and administration of the enforcement of community sanctions and prison sentences. The main values are justness and respect for human dignity. The work is also guided by the notion of an individual s potential to change and grow. The commitment to these values means safeguarding the basic rights and human rights; treating convicts humanely, appropriately and equally; observing the lawfulness of all activities and complying with justice and fairness; and carrying out enforcement in a manner that supports the convicts personal growth and development as well as their intention to lead a life without crime. Criminal Sanctions Field Ministry of Justice Criminal Policy Department Prison Personnel Training Centre Criminal Sanctions Agency Probation Service District Offices Prison Service District Prisons Health Care Services

Management review OVERALL REFORM OF THE PRISON SERVICES The new legislation concerning the enforcement of sentences entered into force on 1 October 2006. At the same time, the structure reform of the Prison Service prepared together with the so-called imprisonment legislation was implemented and, hence, five district prisons and a national health care unit called the Health Services of the Prison Service were established. As regards to the prison services, in 2006 the main goal of the Criminal Sanctions Agency was to ensure that the new imprisonment legislation entered into force successfully and that the reform of the Prison Service structure supported the new goals. Adopting the content, competency provisions, and new working methods of the new legislation was demanding to all the personnel. In the established district prison system, the new assessment and allocation units are responsible for the imprisonment process provided in the new legislation. Simultaneously, the administrative duties were centralised in the five district prisons instead of the former 22 prisons. Compared with the previous year, the share of completed community service sentences stayed the same whereas the target level of juvenile punishments was exceeded. The performance targets planning were achieved, i.e. 83% of community sanction clients received situation assessments and enforcement plans. The performance targets of the district offices also included the development of co-operation models provided in the new Act on Imprisonment and the Act on the Supervision of Conditional Release together with the district prisons. Operational efficiency Hard year for the personnel Human resources measures were in progress the whole year. The Service Centre for the Judicial Administration started its work at the beginning of the year with the first stage concerning the Criminal Sanctions Agency and its subordinate offices. The relocation of the financial and personnel management officials succeeded well because the agency had been prepared for the situations a couple of years beforehand by, for instance, prohibiting to fill vacancies. Moreover, the structure reform of the Prison Service lead to a massive reorganisation of offices and renaming of job titles in all district prisons. Both goals were quite successful despite the fact that the reform coincided with the introduction of the new pay system, which caused resentment among the personnel. In association with the structure reform, working hours were focused better than before on daytime work corresponding the activities. Despite the drastic changes and the high prison population rate at the beginning of the year, the Prison Service was able to maintain its basic functions at a good level. A more balanced use of institution capacity was not yet achieved during the first months of the new organisation and, thus, the closed institutions were still overcrowded. With the help of the decreased prison population late in the year and economy measures, the low appropriation was made to last the year 2006. The amount of person-years had to be reduced in the Criminal Sanctions Agency and the Prison Service and that did not relieve the problems related to personnel s occupational wellbeing. However, it is believed that the reduced prison population rate and the new structure of the Prison Service will make it possible to amend the situation after a difficult year. In September, the Minister of Justice appointed Director Gen- Characteristic of the year 2006 were also the drastic changes in the prison population rate: at the end of 2005, the level of 4 000 prisoners was crossed for the first time in twenty years and the prison population rate stayed very high in the early 2006. By the end of 2006, The Probation Service performed its duties well and achieved its goals despite the fact that the client and service numbers stayed high. In 2006, the Probation Service enforced community sanctions or prepared expert statements of 14 000 different clients with under 300 person-years. eral of the State Treasury Jukka Wuolijoki as a rapporteur whose task was to assess the state of finances and administration as well as instruction and supervision in the prison services, and to give necessary development suggestions by the end of the year. The rapporteur presented his report to the Minister in January 2007. the prison population had lowered to a level similar to what had been a couple of years ago (3 600 3 700) partly due to the effects of the Progress in improving quality management Act on Imprisonment. The average prison popu- The improvement of quality management and the promotion of lation was 3 788. effectiveness were the main reasons for introducing the district Some decrease in the number of community sanction clients prison system. Imprisonment is viewed as a process, which aims to decrease the risk of recidivism. A database to monitor the development of recidivism rates reliably was created together with the National Research Institute of Legal Policy. Esa Vesterbacka, The daily number of community sanction cli- Director General Director General ESA VESTERBACKA, Prison Service of Finland ents decreased a bit compared with the previous year. The decrease concerned especially the amounts of community service clients and conditionally sentenced young offenders. The drop in the number of young community sanction clients reflects the smaller age group sizes and the reduction of traditional crimes among the younger generations. The majority of community service clients were sentenced for drunken driving. The amount of aggravated drunken driv- The Probation Service prepared the quality criteria for expert statements and a handbook on suitability assessments. The district offices compiled their own quality management models. Connected with quality development is also the introduction of Kaiku-Luotain assessment model, which was adjusted by developing a separate section for assessing the quality of community sanction enforcement. ing decreased by 4% since the year before.

Penalties according to the offence Offenders sentenced to imprisonment have to start serving the sentence directly after the judgment has become final. Community service and juvenile punishment have to be enforced immediately after the sentence becomes enforceable. The general penalties sentenced for offences are petty fine, fine, conditional or unconditional imprisonment, community service, and juvenile punishment. In 2006, a total of 18 075 passed sentences were entered in a sentence register kept by the Criminal Sanctions Agency. The number also includes those sentences passed by the courts of first instance that are not yet final. The sentences entered in the sentence register consisted of 13 851 prison sentences, 4 175 community service sentences, and 49 juvenile punishment sentences. In addition, 1 177 sentences were entered in a register of conditionally sentenced young offenders ordered to supervision kept by the Criminal Sanctions Agency. Enforcement transfers Last year, 97 enforcement requests were received from the other Nordic countries. Of those requests, 85 concerned the enforcement of sentences and 12 arranging supervision in Finland. A total of 58 cases related to enforcing a sentence passed in Finland or arranging supervision in another Nordic country were commenced. Twelve of them were related to arranging supervision. Release In 2006, a total of 811 remand prisoners, 2 016 fine default prisoners and 4 844 sentenced prisoners were released from prison, and 4 767 of them were released on parole. Prison directors decide on releasing a prisoner on parole. Parolees may be ordered to supervision carried out by the Probation Service for the probationary period. The probationary period is the remaining term of the sentence (so-called remaining sentence), which is at least three months but no more than three years long. Last year, 24.5%, i.e. 1 166 of those released on parole, were ordered to supervision. Supervision is ordered mainly when the remaining sentence is over 18 months. If parolees are found guilty of new offences during the probationary period, the court also decides whether they lose their parole. YEAR OF PRISON SERVICE REFORMS Prison Court The Prison Court was a special court under the administrative branch of the Ministry of Justice, which decided on matters related to dangerous recidivists and sentences passed on young offenders to be served in juvenile prison. Based on an act (786/2005), which entered into force on 1 October 2006, the Prison Court and the institution for preventive detention and its wards were abolished as from the date mentioned above. Prison Court cases in 2002 2006 2002 2003 2004 2005 2006 Cases related to young offenders 288 294 313 273 231 Ordered to juvenile prison 279 283 300 260 220 those whose parole was cancelled 39 61 56 50 30 Ordered to general prison 0 1 0 0 0 Other matters 9 10 13 13 11 Cases related to dangerous recidivists 72 68 52 54 38 Isolated in an institution for preventive detention 4 3 3 1 0 Not isolated 1 0 0 0 0 Released on parole 1 4 1 2 2 2 1 2 Other matters 66 61 47 51 37 1 The number includes one person deceased in prison. 2 The number also includes one permanently mentally ill person released on parole. Overall reform of the prison services includes 400 sections of law The overall reform of the prison services, i.e. the imprisonment legislation, include, among other things, the Act on Imprisonment, the Act on Remand Imprisonment, the Act on the Amendment of the Penal Code concerning imprisonment and conditional release, the Act on the Release Procedure of Long-term Prisoners, the Act on the Supervision of Conditional Release, and the Act on the Amendment of the Act on the Administration of Enforcement of Sentences. All in all, the reform consists of approximately 400 sections of law and in our criminal sanctions system it is considered an especially extensive reform. Planned prison term The reform emphasises the prevention of recidivism and the promotion of the prisoners abilities to live without crime. The basic idea of the Act on Imprisonment is that the term of imprisonment shall be carried out more systematically and based on an assessment of the prisoner s individual needs. Imprisonment is seen as a three-phase, planned process, which consists of the arrival in prison, the sentence term, and the release. The motivation of prisoners is also promoted by financial incentives. An activity allowance is paid to those who regularly participate in work, education, activity programme or other corresponding activity. Prisoners not participating in activities receive an expense allowance, which is smaller than the activity allowance. Individual sentence plan An individual sentence plan prepared for all prisoners is one of the most important reforms of the imprisonment legislation. The sentence plan of prisoners summoned to come to the assessment and allocation unit is based on a risk and needs assessment and is made together with the prisoner. The plan includes entries on the goals of the measures to reduce recidivism, related activities, and the institution where the prisoner is allocated. It also determines the requirements concerning security arrangements and comments on the possible supervised probationary freedom. Prisons are responsible for the implementation of the sentence plan, which is updated regularly. 4

New structures, new methods The new legislation requires new structures and methods. Some of the jurisdiction has been transferred from the Criminal Sanctions Agency to the prison districts. The new district prisons are responsible for the enforcement of the prison sentences of prisoners from that district. The district prisons consist of different types of prisons and an assessment and allocation unit, which is in charge of the sentence plans prepared for prisoners and the allocation of prisoners in the district. The level of authority of the prison service officials was clarified and specific decision maker are determined in the legislation. Thus, certain prison service officials have the right to apprehend trespassers in the prison premises and keep them in detention at most for four hours if it is necessary, for instance, to prevent an offence. Many specifications were made in the precautionary measures, for instance, there are detailed provisions on the use of force. The instruments of force may be used only by an official who has received the relevant training. District prisons started in October Since the beginning of October 2006, the Prison Service com- prises five district prisons and a national health care unit. District prisons consist of an assessment and allocation unit Director General Criminal Sanctions Agency and prisons. They direct and develop the work of the assessment and allocation units and the prisons, and ensure that their operations are lawful, practical and uniform. One of the goals is also to lighten the prison service administration and focus personnel in the individual work with the prisoners. Legal protection of remand prisoners IMPROVED Release from life imprisonment changed The granting procedures of civilian work, study and prison leave permits were unified and the permits were more tightly bound to the sentence plan. Narrowing down the discretionary powers concerning the permits improves the equal treatment of prisoners in the whole country. District Prison of Southern Finland Assessment and Allocation Unit Prisons District Prison of Western Finland Assessment and Allocation Unit Prisons District Prison of Southeastern Finland Assessment and Allocation Unit Prisons District Prison of Eastern Finland Assessment and Allocation Unit Prisons District Prison of Northern Finland Assessment and Allocation Unit Prisons Health Care Services District Units Prison Hospital Prison Mental Hospital Medicine Dispensary The new legislation improved the legal protection of remand prisoners significantly. Their principal allocation place is now in prison. They cannot be held in police custody longer than four weeks without a justified reason. The allocation of remand prisoners and the restrictions on their communication are decided In general, prison leave may be granted when two-thirds of the prison term has been served. Now life sentence prisoners have to also be granted an escorted prison leave at least once a year after serving eight years of their sentence. by the District Court. Another important new feature is that remand prisoners can also be imposed disciplinary punishments, which has not been possible earlier. The procedure enables the equal treatment of remand and sentenced prisoners in disciplinary matters. The release from life imprisonment changed as well. Since October, decisions on the release of life sentence prisoners have been made by Helsinki Court of Appeal. The President s right to pardon remained the same. Prisoners right to appeal extended Life sentence prisoners may be released on parole when at least twelve years of the sentence has been served. If the The rights of prisoners to appeal against decisions were extended. The appeal process was made quicker and simpler by offence was committed when under 21 years of age, the corresponding time is ten years. introducing a new internal rectification procedure of the administration. The claim for rectification is made to the district prison director whose decision can be further appealed to the Administrative Court. If the decision was made by a district prison di- Institutions for preventive detention and the Prison Court were left in history rector or the Criminal Sanctions Agency, the appeal is made to the Helsinki Administrative Court. Prisoners can appeal against a postponed release on parole directly to a District Court. The legislation no longer contains the concept institution for preventive detention. In addition, the Prison Court was abolished. In cases of extremely dangerous or aggravated of- Improving the everyday life of prison fences, the court may instead order the convicted person to serve the whole sentence in prison. Within certain conditions, The new legislation includes provisions on prison rules to improve the everyday life in prison. The prison rules function as the personnel s guideline in their work and the prisoners source of information on what is expected of them. there is, however, a possibility of release on parole after serving 5/6 of the sentence. The release on parole of prisoners serving the whole sentence is decided by the Helsinki Court of Appeal. The most common disciplinary punishment is solitary confinement. The maximum length of solitary confinement is now 14 days instead of the former 20 days. 6

New supervised probationary freedom Supervised probationary freedom is a completely new innovation. Prisoners can be placed in probationary freedom before their release on parole based on certain conditions. Probationary freedom is considered especially beneficial to long-term prisoners who can use it to learn to live without crime as part of the society before the end of the prison term in a controlled and supported manner. Supervised probationary freedom is a new phase in a gradual release system and it is aimed to promote prisoners reintegration into the society in the final stage of their time in an institution. Probationary freedom is possible a maximum of six months before the release on parole. Prisoners serving the whole sentence can start their probationary freedom three months before the release. First seven were first timers In 2006, seven prisoners, one of whom was a woman, were Based on the preliminary analysis conducted in August, the results clearly show that criminal sanction clients are significantly sicker both mentally and somatically than twenty years ago. They often commit crimes in order to get substances and/or under the influence of substances. Substances promote the development of somatic illnesses and are also related to other mental problems. A majority of the offenders belong to the most marginalised and excluded part of the population although many of them fulfil the criteria of antisocial personality. There are ten times more psychopaths, who are very difficult to change, among prisoners compared with the general population. However, only one third of first-timers return to prison. Activities Prisoners are obligated to work, study or participate in some other activity in prison. The different activities aim to promote the prisoners abilities to live without crime, improve their working and functioning capacity, and support a substance-free lifestyle. Studying Prisons organise education in co-operation with outside education providers. Education is arranged in forms of contact teaching groups, independent distance learning, or multiform learning. In Northern Finland, basic and general upper secondary school education is also arranged via video conferencing system. Education in prisons according to the nature of the studies in 2006 (N=1692) 50 % 1 % 4 % 4 % 16 % 17 % 8 % Primary studies Basic education General upper secondary school Orientating and rehabilitative education Vocational education University education Other education placed in probationary freedom. Their average age was higher than prisoners average age in general. Five of them came from open institutions and two from closed prisons. They were all first timers and the length of their sentence varied between two and nine years. The planned probationary freedom periods lasted from one to five months. The obligation to participate in an activity was related to studying, care of close people or their own rehabilitation. Those placed in probationary freedom were supervised by, for instance, using telephones, visiting them at their home, and ordering them to report to prison. Their movement was restricted to a certain area and many of them were forbidden to move outside their home at night. Offenders are sicker both physically and mentally than before A research called The Health, Working Capacity, and Healthcare Needs of the Clients of Criminal Sanctions Field surveys the somatic and mental disorders and the consequent need for treatment and decline in the working capacity of Finnish prisoners and persons serving community sanctions. The main part of the research data was compiled between October 2005 and January 2006. The data collection related to life sentence prisoners and community service clients was continued until the end of 2006. The research is lead by Professor Matti Joukamaa from the University of Tampere. Preliminary results: 90% of male prisoners have some form of substance dependence => 60% of community service clients 70% of life sentence prisoners have alcohol dependence => 55% in other groups 65% of female prisoners have drug dependence (most common amphetamine and opioids) => 20% of community service clients On average 70% have some form of personality disorder (80% of life sentence prisoners => 40% of community service clients) 50% of our clients have antisocial personality disorder (60% of male prisoners => 40% of community service clients) Major mood disorders, i.e. depressive disorder and bipolar disorder, are twice as common among our clients than among the average population. 15% of prisoners can be classified as psychopaths based on the scientific criteria (PCL-R) 50% of all groups have hepatitis C and various somatic illnesses 90% of female prisoners and fine default prisoners smoke According to a professional estimation, 90% of the studied people need some form of medical care The studied group consisted of 700 people (male and female prisoners, fine default prisoners, life sentence prisoners, prisoners held in preventive detention and community service clients). Work Daily average of prisoners participating in work activities in 2006 (N=1 448 based on prison days) 10 % Prisoner activities in 2006 (N=2 125 prisoners participating in activities daily on average) 28 % 27 % 11 % 10 % 5 % 3 % 20 % 19 % 30 % 10 % 4 % 4 % 9 % 10 % Production work Orientating work Domestic care (food and clothing maintenance) Work in open work colonies Cleaning, maintenance and repair work Civilian work and self-employed Production Real estate maintenance Work in open work colonies Domestic care Education Other activities Sick Hard to employ Other 8 % Rehabilitative activities 2 % Completed programmes (N=2 385) 8 % 30 % 4 % 8 % 40 % Order and security Substance use counselling and motivating interviews Substance rehabilitation programmes Placed in rehabilitation institutions Other social rehabilitation Activity programmes Privately financed studies Activities sustaining functioning capacity Less escapes yet more unauthorised leaves Escape and attempted escape are punishable by the Penal Code. In 2006, the number of escapes and attempted escapes declined. There were 14 escapes and 9 attempts from closed prisons. No prisoner escaped from inside the prison walls whereas last year there were ten cases. At the end of the year, three prisoners were at large. The number of escapes decreased because of, among other things, improved technical supervision in the institutions, which besides increases the concrete chances of being caught, also has a preventive effect. The personnel s professional skills to identify critical factors have also been improved. On the other hand, the number of unauthorised leaves from open institutions increased. In 2006, there were 43 unauthorised leaves. Those are not considered escapes. 8

Escapes, unauthorised leaves from open institutions, and prisoners at large in 1997 2006 120... 110... 100... 90... 80... 70... 60... 50... 40... 30... 20... 10... 0... 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Escapes Unauthorised leaves form open institutions* Prisoners at large on average *In addition, three unauthorised leaves from rehabilitation institutions. Before 1 October 2006, unauthorised leaves from rehabilitation institutions were recorded as escapes. Prison population in 2002 2006 P prison population average daily Fluctuation range of the In freedom before the en- Released prisoners released in total at the end of the year prison population prison population yearly forcement of the sentence (including remand prisoners) 2002 3 469 3 433 363 7 451 6 354 7 245 2003 3 463 3 578 412 7 654 6 605 7 511 2004 3 535 3 577 410 6 575 5 537 6 322 2005 3 883 3 888 327 7 552 6 230 7 063 2006 3 477 3 778 582 7 292 6 860 7 672 Community sanctions in 2006 Principal offences of sentenced prisoners in 2002 2006 45... 42,4 40... 39,5 36,8 37,7 34,4 35... 31,7 29,8 30... 28,5 27,2 25,9 25... 20... 18,0 16,7 17,9 16,1 15,2 15... 12,9 11,3 11,9 11,6 12,1 10... 4,5 5... 4,8 4,4 4,2 4,4 0... 2002 2003 2004 2005 2006 Property offence Violent offence Drunken driving Narcotics offence Other offences The basic task of the Probation Service is the enforcement of community sanctions. Community sanctions consist of the supervision of conditionally sentenced young offenders, juvenile punishment, community service, and supervision of parolees. Community sanction work means the enforcement of sanctions in freedom, which uses working methods, programmes, and co-operation networks reducing recidivism. Community sanction work also includes providing expert statements, i.e. personal history reports, suitability assessments, and enforcement plans, at the request of prosecutors for the court of law. Different authorities, communities, workplaces, and private people assist the officials of the Probation Service in the enforcement. Qualitative development and equal enforcement as main goals The main goals of the Probation Service are the qualitative development of community sanction enforcement and the realisation of equal juvenile punishment enforcement nationwide. the supervision of parolees, were completed to support the long-term development work. The Probation Service was involved in a working group appointed by the Ministry of Justice, which examined the possibility to intensify substance abuse care in community sanctions. The working group completed its report on substance rehabilitation and community sanctions in October. Background of community service clients The share of young community sanction clients under the age of 21 is about 26%. It has decreased steadily during the early 21st century. Women form approximately 8% of the community service clients and their share has increased continuously in the past few years. On daily basis, 400 women serve community sanctions. About two percent of the community sanction clients do not speak either Finnish or Swedish. During the year, two publications, a handbook on the trends of developing community sanction work and a handbook on 10 11

Effectiveness rates of community sanctions The share of those who started enforcement 2004 2005 2006 completed community service 81% 82% 81% completed juvenile punishment 45% 71% received a situation assessment and enforcement plan 77% 85% 81% Average daily number of community sanction clients 2004 2005 2006 Supervision of conditionally sentenced young offenders 1 630 1 572 1 429 Juvenile punishment 19 30 28 Community service 1 614 1 752 1 650 Supervision of parolees 1 357 1 437 1 486 Altogether 4 620 4 791 4 593 SUPERVISION OF CONDITIONALLY sentenced YOUNG OFFENDERS Juveniles who have committed an offence when under 21 years of age may be sentenced to supervision for a probationary period in order to intensify the effect of the conditional sentence. The aim of supervision is to encourage young offenders to keep away from criminal activity and substances and to promote their abilities to function in the society in an approved manner. The Probation Service is responsible for arranging supervision around the nation. Voluntary private supervisors working under the guidance of the district offices contribute substantially to the supervision work. Local social services have an important role in acquiring private supervisors for offenders who are under 18 years of age and preparing the personal history reports for the courts before trial. Chief Director MAIJA KUKKONEN, Probation Service Client background Retired Conscript Unemployed Employed Student 100 %... 90 %... 80 %... 70 %... 60 %... 50 %... 40 %... 30 %... 20 %... 10 %... 0 %... Conditional Juvenile Community Parolees sentence punishment service under supervision 15 20-year-olds: Conditional prison sentence and supervision in 1995 2005 Supervision No supervision 100 %... 90 %... 80 %... 70 %... 60 %... 50 %... 40 %... 30 %... 20 %... 10 %... 0 %... 95 96 97 98 99 00 01 02 03 04 05 Marttunen, Matti: Juvenile sentences. In Crime and Criminal Justice in Finland 2006. National Research Institute of Legal Policy 2007. or mend their ways despite prior warnings. In the scale of sentences, juvenile punishment is comparable to conditional imprisonment. Enforcement of community sanctions and prepared expert statements Police Prosecutor District Court Court proceedings Requests for supervision of conditionally sentenced young offenders in a year 769 Prepared personal history reports 1 841 Enforced juvenile punishments 34 Prepared enforcement plans 98 Enforced community service sentences 3 679 Prepared suitability assessments 4 852 Prison Service Parolees ordered to supervision in a year 1 179 The amendment of autumn 2001 on ordering to supervision reduced the number of supervisions by about 50%. Particularly significant is the decreased number of supervisions ordered for offenders between the age of 18 and 20. JUVENILE PUNISHMENT Juvenile punishment is a specific sentence meant for those who have committed an offence when under 18 years of age and it can last between 4 to 12 months. Juvenile punishment consists of supervision, activities and programmes promoting social functioning capacity, and an orientation to employment and work. The supervisors of young offenders are officials of the Probation Service. For special reasons, a private person can be hired as an assistant supervisor. The Probation Service must notify the prosecutor in case young offenders do not begin serving their juvenile punishment, continue the service, Juvenile punishment Requested New cases Enforced in Completed Interrupted enforcement to be total per year by court plans enforced 2005 146 33 63 11 3 2006 104 34 51 27 3 Juvenile punishment meetings 2006 Discussions on motivation 71 Discussions on criminality 386 Development of social skills 44 Discussions on anger management 48 Anger Management Course 11 Discussions on traffic behaviour 13 Traffic Safety Course 6 Discussions on substance use 61 Discussions on the society 38 Programmes and activities altogether 678 = 57% Orientation to work and working life 57 = 5% Supervision meetings altogether 455 = 38% 12 13

COMMUNITY SERVICE A court may convert an unconditional prison sentence not exceeding nine months into community service. Community service can also be imposed as a supplementary sanction to a conditional sentence exceeding one year. The length of community service varies from 20 to 200 hours. Offenders sentenced to community service perform unpaid work for public good in a service place approved by the Probation Service in their leisure time. A maximum of ten hours of the community service can be performed by participating in programmes preventing substance abuse problems or recidivism. Supervision includes regular meetings between the supervisor and the supervised person where, for instance, factors influencing criminal behaviour are discussed. The supervision may also include activities or programmes enhancing social functional ability. Supervised offenders are obliged to arrive at the agreed supervision appointments and they cannot be under the influence of alcohol or other substances during the appointments. If they do not comply with their duty to keep in contact with the supervisor or otherwise seriously violate their obligations, the Probation Service has to notify the public prosecutor without delay. In 2006, only a few cases were notified to the public prosecutor in the whole country. Serious breaches of conditions or new offences committed during the community service may lead to that the remaining community service is converted into imprisonment according Persons under supervision in 2004 2006 to a court decision. 2004 2005 2006 Community service in 2001 2006 Persons in supervision altogether 2 393 2 390 2 627 Enforced community service sanctions Served community service hours per year 4 500... - 300 000-290 000 4 000... - 280 000-270 000 3 500... - 260 000 3 000... - 250 000-240 000 2 500... - 230 000-220 000 2 000... - 210 000 2001 2002 2003 2004 2005 2006 Supervision of parolees Parole, also known as conditional release, means that prisoners sentenced to unconditional imprisonment are released to serve the rest of the sentence in freedom. The supervisors are officials of the Probation Service. A private person suitable for The number of parolees is increasing. The Act on the Supervision of Conditional Release entered into force at the same time with the Act on Imprisonment on 1 October 2006. Supervision is ordered if the probationary period exceeds one year. Previously, it was one and a half years. The new legislation also requires that the supervision plan is compatible with the sentence plan made in prison. In 2006, the development of regional models was started in order to ensure communication in the process of the planned sentence term. Planned sentence term Planned prison term Planned supervision period National co-operation partners Besides the administrative branch of the Ministry of Justice, other important Finnish co-operation partners are the municipalities, substance rehabilitation and social work associations, the police, and other authorities responsible for internal security. Activities supporting prisoners are also arranged by many cooperation partners of the Prison Service such as third sector operators and various parish workers and volunteers. Co-operation International co-operation introduces the best practices of the field The international co-operation of the Criminal Sanctions Agency aims to follow the international development of the prison and probation services, maintain contacts and communication, and introduce the best practices of the field into the Finnish system. Another goal is to promote the development of the sentence enforcement systems in the neighbouring areas. the task may be ordered to assist the supervisor. Sentence plan Release plan Supervision plan The Probation Foundation Finland is co-ordinating an extensive support programme for released prisoners called Nordic countries In the Nordic countries, the collaboration is well-established Juvenile punishment is comparable to conditional imprisonment. Probation Service Prison Service Co-operation the Aftercare Programme. The prison activities of the Finnish Red Cross include be sides private and group meetings, also different theme events. Parent-child activity is arranged in some prisons. The support association Vapautuvien Tuki ry. arranges fam- between the governments. A Nordic seminar on prison building and a Nordic prison researcher meeting were held in Turku in September. In the Nordic prison education network meeting held in Helsinki in November, a joint website on prison education was launched (www.fengelsundervisning.net). ily camps for prisoners and their families around the country. The Guarantee Foundation supports prisoners in managing their debts. Parish workers and volunteers arrange local meeting An important part of community sanction development was the introduction of a Swedish motivation programme called Five discussions on change and related instructor training. groups and supported discussions for prisoners. Kris Finland as well as AA and NA groups provide peer support. 14 15

Co-operation with Russia The co-operation with the neighbouring countries was based on a separate KIE funding from the Ministry for Foreign Affairs of Finland. The Criminal Sanctions Agency was involved in two projects in Russia: the partner prison co-operation and the development of community sanctions. The co-operation concentrated especially on the Ivanovo Region where the introduction of community service was supported with the help of Finnish expertise. The partner prison work was carried out with the prison administrations of the Republic of Karelia, the St. Petersburg and Leningrad Region, and the Murmansk Region. European co-operation The co-operation with the Estonian prison service administration has been well established and flexible, and especially the work in the prison security field has been active. The Probation Service exchanged officials of the community sanction field with Estonia and the co-operation concerning programmes started by introducing Estonia a traffic safety programme which is part of community service and was designed by the Probation Service. The work activity in prisons was developed together with Latvia. Worldwide New Zealand was especially interested in the Finnish prison service system. Besides judges and document makers, also the Minister in charge of the prison services in New Zealand visited Finland. The international Roundtable co-operation is an established co-operation channel between the director generals of the prison services. The spring meeting was held in New Zealand and the autumn meeting in the Netherlands. The collaboration with Namibia continued in the form of consulting on matters especially related to community service. The community service pilot project received an exceptional one-year additional funding from the Ministry for Foreign Affairs of Finland. High ranking prison authorities from China visited Finland twice. The visits were part of the China co-operation of the Finnish judicial administration. PERSONNEL AND FINANCES The Probation Service was involved in a project aiming to develop the parole system and the supervision of parolees in the Czech Republic. The Prison Service participated in EU civilian crisis management projects in Iraq and Aceh by providing expert assistance. A senior officer of the Finnish Prison Service took part in the EU Just Lex mission in Brussels co-ordinating the training aimed for Iraqi prison service authorities. Year of personnel reforms From the personnel s point of view, the year was labelled by the change to being the client of the Service Centre for the Judicial Administration in the beginning of 2006 as well as by the entry into force of the new Act on Imprisonment and the district prison organisation provided by the act. Part of the financial and personnel management support functions of the criminal sanctions field were passed to the Turku office of the Service Centre for the Judicial Administration. That has required systematic reorganisation of duties and human resources planning in the agencies. The entry into force of the Act on Imprisonment and the district prison organisation has, on the other hand, called for a personnel structure reform. The incorporation of the district offices of the Probation Service was continued and the number of the offices was reduced to 15. Based on the data on 31 December 2006, the Criminal Sanctions Agency employed 98 people, the Prison Service 2 602 people, and the Probation Service 265 people. PERSONNEL STRUCTURE The personnel structures of the Prison Service, the Probation Service and the Criminal Sanctions Agency differ greatly from each other. In the Prison Service, the personnel structure is characterised by the high share of the supervision personnel (approximately 2/3) and, on the other hand, by the variety of duties and job titles (74 altogether). The number of used job titles has been systematically reduced since the organisation reform was introduced. The personnel of the Probation Service consist mainly of three groups: management, administration and community sanction work (client work). In the criminal sanction field, the average age of the employed personnel was 43.4 years in 2006. The average age of men was 43.5 years and women 43.2 years. The age structure of the personnel corresponds to the general age structure of government officials. The majority of the personnel are in the age group of 40 to 54 year-olds. The average age of the public sector in general is 42.9 years. 16 17

Number of personnel on 31.12.2006 and person-years between 1.1.2006 and 31.12.2006 MEN % WOMEN % TOTAL PERSON-YEARS* PROBATION SERVICE 75 22.8 255 77.2 330 296.13 CRIMINAL SANCTIONS AGENCY 30 32.3 63 67.7 93 95.15 PRISON SERVICE 1 848 66.9 914 33.1 2 762 2 693.45 TOtal 1 953 61.4 1 232 38.6 3 185 3 084.73 *The person-years include all those people who were employed in the criminal sanction field in 2006. Thus, the person-years of those employed on external funding, i.e. 25.86 person-years, are also included. In addition, the figures contain so-called overlapping employments during paid leaves, e.g. sick leave and maternity leave substitutes. Number of personnel based on units and duties on 31.12.2006 and person-years in 2006 men Women Total Person-years Probation Service 75 255 330 296.13 Administration 7 34 41 40.43 Management 5 11 16 14.9 Client work 56 204 260 231.32 Real estate maintenance 6 6 12 8.47 Work supervision 1 1 1 Criminal Sanctions Agency 30 63 93 95.15 Administration 25 58 83 81.92 Management 5 5 10 13.23 Prison Service 1 849 914 2 763 2 693.45 Administration 32 194 226 211.69 Guarding and supervision 1 316 249 1 565 1 578.84 Management 57 20 77 56.36 Education. rehabilitation. social work 98 132 230 213.5 Health care 50 125 175 164.44 Real estate maintenance 65 7 72 70.87 Domestic care 21 158 179 167.35 Work supervision 209 29 238 230.35 Total 1 953 1 232 3 185 3 084.73 Short sick leaves 2 005 / % 006 / % Criminal Sanctions Agency 21.8 5.2 Prison Service 14.5 12.9 Probation Service 17.7 18.4 Number of sick days per case (on calendar days on average) 2 002 2003 2004 2005 2006 Criminal Sanctions Agency 7 3.9 5 4.8 6.8 Prison Service 7.3 7 7.2 6.7 7.1 Probation Service 4.7 5.5 5.6 5.5 6.7 Number of personnel training days 2 002 2003 2004 2005 2006 Criminal Sanctions Agency 182 125 158 115 425 Prison Service 7 527 10 096 10 065 9 964 6 000 Probation Service 365 674 501 433 2 273 Total 8 074 10 895 10 724 10 512 8 698 Finances Prison Service finances in 2006 Operating expenses (net) Income Average prison population Gross usage of operating expense appropriation per prisoner Income per prisoner Cost of a prison day Probation Service finances in 2006 173.3 million euro 19.2 million euro 3 778 prisoners 45 870 euro 5 080 euro 126 euro Operating expenses 13.9 million euro Enforced community sanctions on average 4 593 Operating expenses per client 3 000 euro Operating expenses in 2006 (193.4 million euro) 7 % 2 % 2 % 89 % Income in 2006 (19.2 million euro) 10 % 7 % 15 % 24 % 44 % Prison Service 173.3 million Probation Service 13.9 million Joint enforcement and administrative duties 3.1 million Prison Personnel Training Centre 3.1 million Production work in prisons 8.3 million Prison canteen 4.7 million Employee housing rents 2.0 million Food and keep payments in open prisons 1.4 million Other income 2.8 million PERSONNEL EXPENSES INCOME AND EXPENSES ACCOUNT OF THE ACCOUNTING OFFICE 2006 2005 PERSONNEL EXPENSES 94 437 977.31 92 607 738.04 WAGES AND FEES 94 013 675.54 91 998 416.89 PAYMENTS BY RESULTS 0.00 0.00 CHANGE IN THE HOLIDAY PAY LIABILITY 424 301.77 609 321.15 INDIRECT EMPLOYEE EXPENSES 24 923 704.21 25 852 165.38 PENSION EXPENSES 20 210 944.54 18 904 108.84 OTHER INDIRECT EMPLOYEE EXPENSES 4 712 759.67 6 948 056.54 TOTAL 119 361 681.52 118 459 903.42 PRISONER WAGES AND SOCIAL SECURITY EXPENSES PRISONER WAGES 3 752 250.49 3 872 654.32 PRISONER ACTIVITY ALLOWANCE 593 230.99 463 975.42 PRISONER EXPENSE ALLOWANCE 2 488 917.86 2 552 766.44 PRISONER SOCIAL SECURITY EXPENSES 150 062.38 261 076.75 TOTAL 6 984 461.72 7 150 472.93 PERSONNEL EXPENSES IN TOTAL 126 346 143.24 125 610 376.35 1.1. 31.12.2006 1.1. 31.12.2005 OPERATING INCOME Income from chargeable operations 11 672 858.55 12 776 536.98 Rents and use compensations 2 008 463.50 2 067 076.17 Other operating income 3 919 014.97 17 600 337.02 3 864 807.41 18 708 420.56 OPERATING EXPENSES Materials and supplies Purchases during the financial year 28 122 544.96 28 900 094.62 Increase (-) or decrease (+) of inventories 111 175.30-91 820.52 Personnel expenses 126 346 143.24 125 610 376.35 Rents 28 610 585.84 27 160 036.86 Purchased services 16 581 606.35 17 019 889.49 Other expenses 3 266 087.90 3 330 829.56 Increase (-) or decrease (+) of inventories of finished products 597 115.44 38 075.60 Production for own use (-) -6 032 645.14-4 658 740.47 Depreciations 3 378 561.86 3 604 013.39 Internal expenses 4 658 981.95-205 640 157.70 1 561 223.39-202 473 978.27 SURPLUS I -188 039 820.68-183 765 557.71 FINANCIAL INCOME AND EXPENSES Financial income 4 385.13 3 427.23 Financial expenses -5 510.62-1 125.49-1 391.95 2 035.28 EXTRAORDINARY INCOME AND EXPENSES Extraordinary income 3 750.81 60 939.96 Extraordinary expenses -16 430.17-12 679.36-8 039.81 52 900.15 SURPLUS II -188 053 625.53-183 710 622.28 INCOME AND EXPENSES OF TRANSFER FINANCES Income Transfer income from industries 695.48 31 415.05 Expenses Transfer expenses to households -16 432.09-15 736.61-13 846.48 17 568.57 SURPLUS III -188 069 362.14-183 693 053.71 TAX AND OBLIGATORY PAYMENT REVENUES Collected value added tax 2 105 219.83 2 122 071.58 Paid value added tax -14 857 348.83-12 752 129.00-14 314 673.35-12 192 601.77 DEFICIT FOR THE FINANCIAL YEAR -200 821 491.14-195 885 655.48 18 19

Criminal Sanctions Agency Director General Chief Director Management Support Probation Administration Administrative Unit Judicial Unit Prison Administration Probation Service District Offices Prison Service District Prisons Health Care Services Duties of the Criminal Sanctions Agency To direct the activities of the district offices of the Probation Service and the district prisons and health care services of the Prison Service. To issue the orders based on the legislation of the criminal sanctions field, monitor the need for reforming the legisla- tion, and participate in the preparation of statutes. To ensure the adequate uniformity of the enforcement of sentences and remand imprisonment and to supervise the lawfulness and practicality of the work of the district prisons and district offices. To maintain the national expert services of the criminal sanctions field as well as to launch, support and coordinate development projects. To improve the operational requirements of the criminal sanctions field as well as to maintain and enhance the competence and wellbeing of the personnel of the field. To carry out the centralised employer duties of the criminal sanctions field. To produce and convey data relating to the operations of the agency as support to decisions, to follow the research and international development of the field, and to support the research projects of the field. To attend to and co-ordinate the international co-operation of the field. 20