Executive Branch Prison Advisory MASCA MIDDLE ATLANTIC STATES CORRECTIONAL ASSOCIATION 2011 Annual Conference & Training Institute. Second Chance Re Thinking the Correctional Experience Probation and Parol Body in the Dominican Republic Prison Advisor of the Executive Branch. 1
Good afternoon. It's a great honor and privilege to greet you. I appreciate your presence, and the organizers of this event for the wonderful opportunity to meet all of us together to discuss the different aspects of the interesting correctional activity. We would like to mention the effective coordination of the President of the Correctional Association of the Middle Atlantic States, William stage, which we value in their right perspective. Thank you very much to the management team of that Association. First I must inform you that currently, I perform the functions of the Presidential Adviser on Correctional issues to the Dominican Republic. After having been Director of Prisons twice, in a system that contains 21,000 detainees in 40 detention centers. The main task of the Executive Branch Prison Advisory is to advise the President and Senior Officials of the Nation, to keep them informed on the subject of correction, so they can make effective decisions in the exercise of their functions, and these will impact the prison system. With the theme Protecting Corrections consultancy firm, we have as a main tool a portal with a database that includes all national and international regulations relating to prisons. Our team includes an Executive Director, Two analysts, one for the free media, another for medium restricted, and also, two technicians for every area and necessary support staff. In this brief conference, I will report the main aspects of the newly created Body of Probation and Parole in the Dominican Republic and its extraordinary potential to become the primary tool in reducing recidivism. Before of that I will give you a little tour through the Executive Branch Prison Advisory. 2
Executive Branch Prison Advisory Legal Base Articles 8, 128, number 2, 40 paragraph 16, of the Constitution of the Republic. Decree No.109-11 of March 2, 2011.- Legal Nature Administrative Office under the Ministry of the Presidency of the Republic, to provide advice to the President and Executive Branch officials in general. Vision Be the best guidance on correctional matters in the region, providing protection for society by providing useful information for the security, corrections and socialreintegration of offenders. Mission Provide advice and guidance on legal, judicial and technical in the correctional setting, as to the means restricted and free media, and for Dominicans convicted inultra sea, accurately and timely to meet quality requirements of the Presidency of the Republic and other government agencies in this area, in line with international, regional and national, in order to contribute to the effective protection of individual rights, respect for dignity and equal development, equitable and progressive, consistent with the public. Values Accuracy - Opportunity - Legality 3
Accuracy: carry out the tasks, work assignments and general responsibilities with accuracy, timeliness and completeness. Opportunity: To issue the requested information, taking into account the context in which it is the correctional system, country, region and the world Disclaimer: Always act in accordance with the legitimacy, justice, law Objective Provide, in general, information, opinion, approaches and tools, practices and consistent with the tertiary prevention of crime, the criminal justice policies and social reintegration as the ultimate purpose of the sentence, for proper decision-making, the most highest level of government in the correctional setting. Acronym APPE Logo A circle with the inscription Consultancy Executive Penitentiary, the year of creation (2011) and the values of the organization, a guiding light with the lights on, including building and two stars equally spaced, dark green on a white background as a symbol of lifelong guidance on correction, spreading the hope of a better future in the implementation of good practices. 4
Organization chart Advisor Free Media Analyst Executive Director Restricted Media Analyst Technical Technical Technical Technical Auxiliary Slogan "To protect and serve society advising on corrections" Now my Colleague will Introduce and Explain the Probation and Parol Body. 5
Probation and Parol Body Dominican Republic Background In 1920, the absence of supervision, control and tracking of the offenders, finished and disrepute probation institute. It was restored, theoretically, at 2009 when began officially the probation and Parol body. Pilot program start at 2010. Justification Probation and Parol body born to control, monitor, to give care and help to 15, 000 offenders in conditional liberty; 31, 000 Dominicans inmates in foreign countries; and 3,000 deportees annually. Essence/Nature Governmental organization, proactive, professionalized, disciplined, hierarchical, under the authority of the direction of prisons; which relates with judicial, policials, and investigative authorities and post penitentiary assistance agencies, to evaluate on the field the applicants to conditional liberty by the judge s order; monitor the released, supervise their social reinsertion and take care to prevent recidivism. Legal Basis 0.-Minimum standards of the United Nations in 1955 on the treatment of prisoners; The Universal Declaration of Human Rights; Basic Principles on the use of force and firearms by law enforcement officials to enforce the law; Inter-American Convention to prevent and punish torture, 1985; Resolution No.43-173 the United Nations 12/09/1988 on the Protection of All Persons under Any Form of Detention or Imprisonment; Principles for the Treatment of Prisoners; The American Declaration of the Rights and Duties of Man, 1948; The Declaration on the Protection of 6
all persons against torture and other cruel; The Declaration of Principles and Good Practice for the Protection of Persons Deprived of Liberty in the Americas. 1.-Law No. 224, June 26, 1984, Official Gazette No. 9640, establish the penitentiary system, and also establish the Department of Control, on the letter N, article 9.- 2.-Article 8 of Law 224-84 authorizes the General Direction of Prisons to ensure strict compliance and enforcement of all laws and regulations relating to the prison service, whose rules, assumptions and principles are effective, means social rehabilitation of persons deprived of liberty. 3.-The General Direction of Prisons, considering that must have administrative tool that allow them to develop effectively their traditional roles and take on new roles designed to exercise his authority as an institution responsible for providing security to society and ensure the rights of the inmates, by the Resolution No. 1711-2011, implemented the Control Department, named by Probation and Parole Body on November 2009 Mission Protect and serve the community verifying compliance with conditions parole, conditional suspension of proceedings, suspension of sentence, judicial forgiveness and alternatives to deprivation of liberty, coordination with judicial and administrative authorities, in accordance with the rules developed for such purposes. Values Security Control Respect and support to human dignity Main target To impede the recidivism, monitor and help the offenders and inmates released of the prisons in the country and the foreign, once deportees, when they are in the streets, in their social reinsertion process, in order to serve and protect the community. 7
Specifics Objectives A) Provide protection and security services to the population, ensuring compliance with court orders, conducting research, monitoring and tracking of inmates on parole, conditional suspension of execution and special conditions, according to system needs and opportunities and resources available. B) Keep informed and to make recommendations requested by the Judge of Penalty Execution System, Corrections, The House of the Redeemer and all related organizations. C) Monitor compliance with conditions of freedom, do research to communicate their findings to the Judge of Execution of Sentences, facilitate the control of personnel who receive benefits from the House of the Redeemer or related organizations and perform other tasks D) Receiving signatures, control of working hours for community and home visits and follow-up monitoring. E) Monitor and supervise the conduct of those who have profited from early release ; manage if the revocation of the freedoms granted to those who have shown unfavorable conditions for their social reintegration. F) Work in close collaboration with the Department of Investigation and Correctional Intelligence and other intelligence agencies of public security system, G) Support the Department of Post Penitentiary Assistance and work with its functions, goals and objectives. Goals To establish probation and parole body during 2011 To serve four judiciary departments during 2012 To complete service to all judiciary departments during 2013 To reach level operational of 650 correctional officers during 2014 Monitor and serve to 15,000 inmates at 2014 8
Strategies 1. To implement the best practices in Probatory programs, respecting human rights 2.-Provide secure monitor 3.-To make an effective internal and external communication 5. To create an optimal administrative, financial, and tecnological information soport Structure Probation and Parol Director Director Assistant Administratives Services Operations Community services Liaisson Present Day 6 probation officers 90 supervised cases from the beginning 54 monitoring inmates at the moment Parol revocation Assistance: To obtain identifications, job, driver license, marriage, child birth certificate 9