Restorative processesRestorative processes in Norwegian correctionsin Norwegian corrections
””Restorative Justice in probation practiceRestorative Justice in probation practice””Prague, 23Prague, 23rdrd September 2015 September 2015
Gerhard PloegGerhard PloegSenior adviserSenior adviser
Directorate of Correctional Services Directorate of Correctional Services NorwayNorway
WorkshopWorkshopThe organisational aspectThe organisational aspect
Ministry of Justice and Public SecurityMinistry of Justice and Public Security
-Directorate-Directorate
-Five regional offices-Five regional offices
-Ca. 50 prisons – from 350 to 12 -Ca. 50 prisons – from 350 to 12 cellscells
Ca. 3,600 prison officersCa. 3,600 prison officers
-Ca. 35 probation offices-Ca. 35 probation offices
Ca. 350 probation workersCa. 350 probation workers
Correctional services Correctional services organisationorganisation
• The punishment is in the restriction of The punishment is in the restriction of libertyliberty
• Lowest possible security levelLowest possible security level
• Circumstances as normal as possibleCircumstances as normal as possible
• Other civil rights are not affectedOther civil rights are not affected
• The right to restorative processesThe right to restorative processes
The principle of normalityThe principle of normality
Infrastructure for RJInfrastructure for RJ
• No specific training for mediation No specific training for mediation activitiesactivities
• Two-year prison staff training – little Two-year prison staff training – little attention for RJattention for RJ
• Probation offices often co-operate Probation offices often co-operate with Mediation Servicewith Mediation Service
22 regional offices, 1 central secretariat22 regional offices, 1 central secretariat
550 mediators550 mediators
7,000 cases in 20147,000 cases in 2014
Infrastructure for RJInfrastructure for RJ
Nils Christie: ”Conflict as property” (1978)Nils Christie: ”Conflict as property” (1978)
Pilots since ca 1980 – established in law Pilots since ca 1980 – established in law 19911991
Mediation ServiceMediation Service
• Victim – offender Victim – offender mediationmediation
• Open to anyoneOpen to anyone
• Free of chargeFree of charge
• Aimed at an agreementAimed at an agreement
• If reached and carried If reached and carried out, no mention on the out, no mention on the criminal recordcriminal record
• Trained mediatorsTrained mediators
• Appointed by a Appointed by a committeecommittee
• PaidPaid
• State fundedState funded
Civil casesCivil cases
49 %49 %
Criminal casesCriminal cases
51 % 51 %
Mediation Service 2014Mediation Service 2014
Some main categoriesSome main categories
ViolenceViolence 22 %22 %
Threats / bullyingThreats / bullying 15 % 15 %
Vandalism Vandalism 12 %12 %
Shoplifting Shoplifting 10 %10 %
Conflicts with neighboursConflicts with neighbours 10 10 %%
368 cases of 368 cases of domestic violencedomestic violence
124 persons in prison124 persons in prison
• Referral by the police Referral by the police
• Conditional dismissalConditional dismissal
• Condition in a conditional Condition in a conditional sentencesentence
• As part of a community As part of a community sentencesentence
• Youth sanctionYouth sanction
Penal casesPenal cases
Mediation in legislationMediation in legislation
Youth sanctionYouth sanction
• Restorative in characterRestorative in character
• Target groupTarget group
• Group conferencing / mediationGroup conferencing / mediation
• Co-ordinated cross-professional follow-Co-ordinated cross-professional follow-upup
• DurationDuration
• Responsibility of Mediation Service Responsibility of Mediation Service
Introduced in 2014Introduced in 2014
!!
Various forms of restorative Various forms of restorative processesprocesses
• Conflicts between victim and offenderConflicts between victim and offender
• Conflicts in the executional contextConflicts in the executional context
Between offenders and staffBetween offenders and staff
Among offendersAmong offenders
• Conflicts between offender and Conflicts between offender and significant otherssignificant others
Report by a working-group from 2012Report by a working-group from 2012
AssessmeAssessmentnt
MotivationMotivationInformatioInformatio
nn
Treatment in Mediation ServiceTreatment in Mediation Service
External External ”trigger””trigger”
factorfactor
CorrectionsCorrections
Mediation Mediation ServiceService
Collaborative Collaborative areaarea
Initiating factorInitiating factor - O - OffenceffenceOffender - VictimOffender - Victim
FirstFirst aappraisalppraisal
Info-meetingInfo-meeting
Treatment in Mediation ServiceTreatment in Mediation Service
Report to policeReport to police Disciplinary Disciplinary measuremeasure
Initiating factor – Internal conflictInitiating factor – Internal conflictOffender – Staff or Offender - OffenderOffender – Staff or Offender - Offender
CorrectionsCorrections
Mediation Mediation ServiceService
Collaborative Collaborative areaarea
First appraisalFirst appraisal
Conflict Conflict encounterencounter
Second appraisalSecond appraisal
AssessmeAssessmentnt
MotivationMotivationInformatioInformatio
nn
Treatment in Mediation ServiceTreatment in Mediation Service
External External ”trigger””trigger”
factorfactor
CorrectionsCorrections
Mediation Mediation ServiceService
Collaborative Collaborative areaarea
First appraisalFirst appraisal
Conflict-Conflict-encounterencounter
Info-meetingInfo-meeting
Second Second appraisalappraisal
Initiating factor – ReintegrationInitiating factor – ReintegrationOffender - OthersOffender - Others
””Hearing”Hearing”””Hearing”Hearing”
• Agreement on the importance of RJ in a Agreement on the importance of RJ in a correctional contextcorrectional context
• Doubts about lack of clarity in role and lack Doubts about lack of clarity in role and lack of independence for correctional staff of independence for correctional staff involved in RJinvolved in RJ
• Difference of opinion on the role of correctional Difference of opinion on the role of correctional staff in RJ-processes in a re-integration contextstaff in RJ-processes in a re-integration context
• Disagreement on responsibility mattersDisagreement on responsibility matters
• Doubts about sufficient knowledge and Doubts about sufficient knowledge and competence among correctional staffcompetence among correctional staff
Result - Restorative processesResult - Restorative processes
§ 2. Purpose § 2. Purpose A sentence shall be executed in a manner that takes A sentence shall be executed in a manner that takes into account the purpose of the sentence, that into account the purpose of the sentence, that serves to prevent the commission of new criminal serves to prevent the commission of new criminal acts, that reassures society, and that within this acts, that reassures society, and that within this framework ensures satisfactory conditions for the framework ensures satisfactory conditions for the prisoners.prisoners.
Execution of Sentences Act 2013:Execution of Sentences Act 2013:
In the case of persons remanded in custody the In the case of persons remanded in custody the Correctional Services shall make suitable Correctional Services shall make suitable arrangements for remedying the detrimental effects arrangements for remedying the detrimental effects of isolation. of isolation.
An offer of restorative process shall be made An offer of restorative process shall be made during the execution of the sentence.during the execution of the sentence.
Execution of Sentences Act 201Execution of Sentences Act 20144::
• Mutually obliging Mutually obliging
• Only for sentenced offenders – no remand Only for sentenced offenders – no remand prisonersprisoners
• Guarantee of voluntariness from both sidesGuarantee of voluntariness from both sides
• Correctional Services locals units are to establish Correctional Services locals units are to establish procedures for collaboration with Mediation procedures for collaboration with Mediation ServiceService
• Correctional Services have the responsibility for Correctional Services have the responsibility for informing and motivating offendersinforming and motivating offenders
• Correctional Services have the responsibility for Correctional Services have the responsibility for the security aspectsthe security aspects
• Restorative processes shall be delivered by the Restorative processes shall be delivered by the Mediation ServiceMediation Service
• Correctional Services will take into account which Correctional Services will take into account which agreements have been made by the partiesagreements have been made by the parties
2015 – Proposal for guidelines2015 – Proposal for guidelines
Final commentFinal comment
A restorative process is primarily carried A restorative process is primarily carried out for the sake of the victim out for the sake of the victim
A restorative process can also be of A restorative process can also be of great importance for the re-integration of great importance for the re-integration of the offenderthe offender
A restorative process may contribute to a A restorative process may contribute to a reduction in re-offending and so to a reduction in re-offending and so to a safer communitysafer community
Thank you for your attention!Thank you for your attention!
[email protected]@kriminalomsorg.noTel: +47 40 44 88 53Tel: +47 40 44 88 53
www.kriminalomsorgen.nowww.kriminalomsorgen.nowww.konfliktraadet.nowww.konfliktraadet.no