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High-Risk Offenders under the Age of 18 The Social Services Perspective Tove Pettersson National Board of Institutional Care (SiS) Sweden [email protected]
High-Risk Offenders under the Age of 18
The Social Services Perspective
Tove Pettersson
National Board of Institutional Care (SiS)
Sweden
Youth offenders in Sweden
Long tradition of handling youth offenders within the social service system.
Youths under the age of 18 may be sentenced to prison for particularly serious offences.
Enforcement of Institutional Care of Young Persons Act (LSU)
In force since 1999.
Motives for changing the law
A long-standing principle that sentencing young offenders to prison should only be a rare exception.
- Not reasonable to punish youth as hard as adults
- Prison involves special risks for youths
UN convention on the rights of the child
- Alternatives to prison should be available
Motives for changing the law Severe crimes needs powerful reactions from the society
- Deterrence
- Setting fundamental limits
- Corresponds to the demands from the society of equal and just jurisdiction
- The principles of proportionality and predictability
The present legislation was not satisfactory since the only incarceration the justice system could offer was prison, which is an unsuitable environment for children and youth
Enforcement of the Institutional Care of Young Persons Act (LSU)
Sanction for young offenders aged 15–17 years
Sentencing ranges from two weeks to four years.
The application of LSU is only to be considered if no other sanction than prison is feasible
LSU-sentenced are to be served in specially designated/approved homes run by the National Board of Institutional Care
Why the National Board of Institutional Care?
The youths’ need for treatment should not be taken into consideration when courts rule on sentences – only a
reaction to the crime
however
The youths’ need for treatment should be assigned great importance when the punishment is enforced.
National Board of Institutional Care Was established in 1994 Is responsible for the society’s most disadvantaged individuals
who have been sentenced to care, either by County Administrative Courts according to the Care of Drug and Alcohol Abusers Act (LVM) or the Care of Young Persons [Special Provisions] Act (LVU).
Manages 13 LVM homes and 32 special approved homes for youth
Responsible for managing closed institutional youth care Experience with treatment of serious youth offenders Responsible for both initiating and financing research within the
area of treatment of youth offenders.
Enforcement of Institutional Care of Young Persons Act (LSU)
Initial placement in secure facilities, gradually evolving into more open forms
Individual treatment plans, regular programme activities and education at the National Board’s own schools
Joint post-treatment planning with social services
68 LSU places at six special approved youth homes
In 2007, the average sentence was approximately ten months. Five of 81 admitted young persons were girls.
Individual treatment plans
0
20
40
60
80
2000 2006
LVU
LSU
Prison
Treatment during youth-home placement and youths’ level of satisfaction
Boys released 2006
LSU LVU
Interview with youth 74 49
Just staff interview 4 6
No interview 22 45
Total 100 100
N: 88 816
Comparison between interviewed boys released from LSU (N=65) and LVU (N=396).
Average age: LSU 18 years, LVU 16 years
Proportion of boys expressing a need for help with crime and education
0
10
20
30
40
50
60
70
80
Crimeno
Crimeyes
Schoolno
Schoolyes
LSU
LVU
Proportion of youths who got help with crime rehabilitation
(only those who expressed a need for help)
05
101520253035404550
Not atall
A little Quite alot
A lot
LSU
LVU
Proportion of youths who got help with their education
(only those who expressed a need for help)
05
1015202530354045
Not atall
A little Quite alot
A lot
LSU
LVU
How did you get on at the youth home?
05
1015202530354045
Not atall
A little Quite alot
A lot
LSU
LVU
Have the staff understood what you wanted help with?
0
5
10
15
20
25
30
35
40
Not atall
A little Quite alot
A lot
LSU
LVU
Did you get the help you wanted?
0
5
10
15
20
25
30
35
Not atall
A little Quite alot
A lot
LSU
LVU
Have the staff taken the time to talk to you (when you needed it)?
05
1015202530354045
Not atall
A little Quite alot
A lot
LSU
LVU
Have you had the possibility to discuss your treatment?
0
5
10
15
20
25
30
35
40
Not atall
A little Quite alot
A lot
LSU
LVU
Has it been good for you to be here?
0
5
10
15
20
25
30
Not atall
A little Quite alot
A lot
LSU
LVU
Would you recommend this youth home to a friend in the same
situation?
0
10
20
30
40
50
60
Yes No Maybe
LSU
LVU
Staff’s assessment of cooperation with the youth
0
10
20
30
40
50
60
70
Verybad
Bad Good Verygood
LSU
LVU
Staff’s assessment of cooperation with the social services
0
10
20
30
40
50
60
70
Verybad
Bad Good Verygood
LSU
LVU
Youth participation in treatment programmes and activities, LSU
Per cent
2005 2006 2007
Treatment programs criminality 85 88 96
Drug and/or alcohol misuse 35 29 44
Therapeutic sessions 35 43 40
Structured conversations with contact person 89 88 98
Consulting psychiatrist 44 53 48
Pro-social activities 31 37 38
N: 55 49 48
Transfer and preparation for the time after the release
Per cent
2005 2006 2007
A plan for the transfer has been set up 80 80 79
Social services involved in the plan for transfer 89 90 84
Social services involved in planning of the time after release 76 80 75
Concluding remarks and the future
Both strengthened humanistic approach and increased severity in punishment of youth
Prison almost abolished for youths under 18 years of age
Net – widening effect on length of sentences
- Youths aged 15-17 sentenced to prison on average 5.4 months
- Youths aged 15-17 sentenced to secure youth care on average 9.5 months
Low-risk youths placed in secured institutions?
Does the law need to be modified?
Aftercare
The social services are not sufficiently involved
Lack of structured treatment programs and activities, as well as other forms of support
Discussion of introducing statutory “aftercare”
- Very different needs of the youth
- Several parts involved
