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Generally no, but there can be exceptions based on the specific situation and personal needs of the young adult.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
If they are in a prison for adults, they are usually and if possible located in separated units. Also, their regime takes into account their specific needs.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
- The Spanish Prison Services has developed an instrument for the risk assessment, currently under review and improvement. It is aimed at detecting risk levels in the field of radicalization and was originally delivered in 2018. Once it is completed, it will be available for all prison population under control and surveillance, whatever the age of the individual.
In Sweden, we do not have the same division as Lithuania. What we have specifically regulated is the placement of young people under 18 years of age. By law, an inmate under the age of 18 may not be placed so that he or she stays with inmates over the age of eighteen, if it is considered in his or her best interests. We do not have many young people under the age of 18 who are sentenced to prison, which is why it may be necessary to place a young inmate together with older inmates, in order to avoid the young person having to stay completely alone. When placing, great emphasis is placed on not placing the young person so that the relapse prevention efforts are counteracted or reintegration into society is made more difficult.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
Prisoners who are admitted to a prison, probation or institution before the age of 21 are regarded as young people during the current enforcement and subsequent possible supervision. However, this ceases when the youth reaches the age of 24. In a special youth place, an inmate should be placed if the individual's needs can be better met there and not better elsewhere.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
The Swedish Prison and Probation Service does not have a risk assessment instrument for specifically investigating young people, but in the investigation of risk factors for recidivism, the Swedish Prison and Probation Service's main instrument RNR-A must be used. RNR-A is mainly designed to investigate adult clients' risk of recidivism and criminogenic needs. The instrument has been scientifically evaluated and has an acceptable predictive ability, which means that RBM-B can be used with satisfactory certainty to predict future recidivism in the case of adult clients. In many respects, the risk factors included in RNR-A are also valid for young people, but we cannot say with certainty that the instrument works as well for young people as for adult clients. Despite this, RNR-A is the most suitable alternative at the moment, as the forces are considering the structured and standardized format with risk assessments regarding both general crime and, where applicable, partner violence and sexual offenses. In addition, RNR-A is well implemented with a stable investigator organization. offenders are assessed and analysed according to an individual’s risk, criminogenic needs and responsivity factors. Central principles are to customize and match intervention to the risk level (higher the risk – the greater the intervention) and the criminogenic needs that influence criminal behaviour together with matching the style and mode of the intervention to the ability and learning style of the offender (e.g. role playing, prosocial modelling, cognitive restructuring). As such, all offenders, including young adults, undergo screening through a Risk, Need, Responsivity instrument called RNR-A. The RNR-A has two-parts based on criminal history registry data and semi-structured interviews with the offender. The first part is focused on the offender’s antisocial history which is based on 15 questions and data drawn from criminal history registry data. The second part consists of 72 questions across eight different thematic areas: • Antisocial personality patterns (impulsiveness, adventurous, pleasure-seeking; aggressivity) – 18 items • Antisocial cognitions (attitudes, values, beliefs and rationalisations) – 16 items • Antisocial associates (criminal friends and isolation from prosocial contacts) – 5 items • Substance abuse (alcohol and drugs) - 4+4 items • Family/Marital relationships (poor parental relationships and discipline) – 4 items • Work/School/Living (low performance and poor attitude) – 9 items • Pro Social Recreational activities – 3 items • Physical and psychological state – 6 + 3 items The RNR-A is largely an automated process generating a generalized assessment about recidivism risks into criminality and violence. RNR-A provides an automatically generated assessment across 11 areas. It provides a risk and needs assessment through a scale: low, medium and high risk. However, it is possible for the assessor to perform an individual and professional judgement. It is also possible to deepen the assessment with other risk assessment instruments such as HCR-20 V2, PCL-R, SVR-20 and VERA-2R). RNR-A have been evaluated during 2019 to be an evidence-based instrument with high precision of predicting future recidivism. Over 90 percent of high-risk offenders could be identified and they fell back into criminal activity more extensively and faster than the other two categories of offenders.
If a minor is serving a custodial sanction in a juvenile justice centre and turns 18 years old, s/he will continue to serve the custodial sanction in the same centre as a minor person. Turning 18 and thus, becoming an adult while in a juvenile justice centre, does not lead to any change of placement of the young adults. However, the Organic Law 5/2000 on the criminal responsibility of minors, foresees two exceptions to this rule: a) Article 14.2 establishes that if a minor serving a custodial sanction turns 18 and s/he is placed in closed regime and behaving in a disruptive manner and does not comply with the goals set in the individualised plan and in the sentence, the Juvenile Justice Judge, after having heard the Prosecutor, the minors’ lawyer and the multidisciplinary team of the centre, can decide to place the young adult in a regular prison sentence to complete the rest of his/her custodial sanction. b) Article 14.3 lays down that when the young person turns 21 years old and s/he is still serving a custodial sanction in closed regime in a juvenile justice centre, the Juvenile Justice Judge, after having heard the Prosecutor, the young person’s lawyer and the multidisciplinary team of the centre, shall decide among the following options with regard to how the young person will serve the time left: in a juvenile justice centre, in a prison for adults, replacing the remaining part of the custodial measure by a community sanction or waive the time left of the custodial sanction.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
The young person that has turned 18 in a juvenile justice centre and stays in that centre for the remaining time of the sanction, will continue to serve the custodial sanction as a minor. If the Judge decides to place the young person that has turned 21 years old in a prison for adults according to art. 14.3., then s/he will have a mixed status in the prison: Every aspect related to the regular life activities in the prison is governed by the prison legislation and the Prison Supervisory Judge will oversee his/her situation as is the case for the other adults. However, the aspects related to the length and supervision of the custodial sanction, and the possibility of waiving the young person its effects, are governed by Organic Law 5/2000 of the criminal responsibility of minors, and hence the decisions are made by the Juvenile Justice Judge.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
If the young person is placed in a Juvenile Justice centre, the risk assessment tool used is SAVRY. If the young person is placed in a prison centre, the risk assessment tool is called RISCANVI.
The prison sentence is served in the prisons with minimum, medium or maximum guarding level and in the juveniles’ prison. Convicts in the age of 14 -18 shall serve their prison sentence in the juveniles’ prison. After reaching the age of 18, the prison governor shall propose the court to include a juvenile offender to a prison with appropriate guarding level. The court may decide that a convicted young adult who has already reached the age of 18, may serve his/her prison sentence in the juveniles’ prison; the court shall take into account in particular the length of the prison term and the degree and nature of the disruption of a juvenile. So, the young adults may but do not have to physically remain in the same prison facility.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
In case a convict is not classified as a juvenile, he/she has the status of an adult convict in the prison sentence execution.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
When admission to the prison sentence, the juvenile shall undergo an initial psychodiagnostic examination, social and pedagogical diagnostics, within which the reasons of criminal failure are identified, and which are then used when working with the juvenile or adult inmate during the prison sentence. In the process of assessing a convict for proceeding on the conditional release, before placement of a convict in the exit unit or before the end of the prison sentence, the CRA tool (Crime Risk Assessment) is used to assess the risk of crime recidivism and to determine the resocialisation prognosis.
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Young people who have attained the age of 16 but who have not attained the age of 21 are held in custody in Young Offenders Institutions. On reaching the age of 21 a young person would be transferred to an adult prison. In exceptional circumstances, if a young person was considered to be vulnerable, then he or she can be held in a Young Offenders Institution until the age of 23.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
All 16 years olds but not yet 21 year olds are young offenders and are required by law to be held separately from adult prisoners. 16 and 17 year olds are designated children.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
Within the SPS vision there is an emphasis placed on the key contribution that Offender Behaviour Programmes (OBPs) play in reducing crime and making Scotland a safer place. OBPs directly target the factors that influence offending behaviour and provide prisoners with the opportunity to take responsibility for their behaviour and prepare for their release. As a result, they also increase the likelihood for public protection. The Generic Programme Assessment v2 (GPAv2) aims to promote and support transformational change in those SPS works with. It is recognised that this transformation can take time and differs for every individual. In order to afford the greatest likelihood for change, the process is person-centred and tailored to the needs of the individual. The GPA v2 provides crucial information that guides decisions about the individual’s level and type of support in order to engender positive change. This considers multiple areas of an individual’s case in order to determine the individual’s needs inclusive of OBPs and support services within SPS.
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The YCS commission a provision for those under 18, however, dependant on sentence length and risk to others, some young people do remain to finish their sentence in the U18 estate. We would usually not look to move anyone with only a few weeks remaining until release although this is carefully balanced against their risk to self and others and their resettlement needs. We deal with each potential case individually and aim to make a best interest decision for each young person.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
If an over 18 is accommodated within our estate, they are subject to the rules and regulations of the youth secure estate until they move into an over 18 provision.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
We use a system called YJAF for all under 18s. If the young persons case management remains with the YOT, this is the only risk assessment tool used (unless case is TACT) If the YOT hand or transfer the case to probation, they may complete an OASys although this usually happens once located in the adult estate.
There are only a few minors in Finland each year who serve a custodial sentence in prison. In Finland we don’t have own prisons or wards to minors. If minor reaches the age 18 during his or her sentence, he or she will remain serving the sentence in the same prison in which he or she is placed.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
Persons over the age of 18 serve their sentence under the same legislation as adults. However, the law states that a person under the age of 21 who has committed or is suspected of having committed a crime should be treated according to his or her age and level of development. This also applies to the placement of a person under the age of 21 in a prison ward and prison.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
In Finland we use risk assessment tool with minors and juveniles called SAVRY.
Young adults over 18-years remain to serve a sentence in the same correctional facility. Juveniles (14-21) serve their sentence in specialized unit and when they are over 21, they are transfered to an adult unit.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
Prisoners who are 14-21 years old, are juveniles by their legal status.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
Prison and probation services use a tool called the Offender Assessment System. This is often called OASys. It is used for adult and juvenile prisoners who have sentence at least 12 months. Also for adult men who commited sexual offence we use Static 2002, Stable 2007 and Acute. OASys assessment will be used to create a sentence plan. OASys report includes different assessments of risk based on different types of information – official criminal record, an interview, information from prison or other specialist etc. A completed assesment gives a score, which shows the likelihood of someone re-offending within a 12 and 24, 60 month periood (violent, general, sex offence). Sentence plan is overviewed at least once a year. They are validated in the UK.
According with Section 50.7 of the Sentence Execution Code of Latvia (hereinafter – the Code), sentenced minors who have reached the age of eighteen may, by decision of the evaluation commission, be transferred to the custodial authorities for adults, if the behavior of the convicted person excludes the possibility of leaving him or her in the institution for juveniles. In order to strengthen the results of resocialization and to enable general education or professional training, convicted persons who have reached the age of eighteen may by decision of the evaluation commission, be left in the correctional institution for juveniles until the end of the school year or the end of the term of the sentence, but not more than up to the age of twenty-five. In exceptional cases, a convicted person who has reached the age of twenty-five may be left in the correctional institution for juveniles until the end of the school year.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
Sentenced young persons who have reached the age of eighteen and who have remained in the correctional institution for juveniles in accordance with Section 50.7 Paragraph 3 of the Code shall be subject to the same Regime, working conditions, food, material and household conditions as sentenced minors.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
In the correctional institution for juveniles regardless of penalty, all convicted persons shall use general and specialized evaluation tools.
The measure for young adults under Article 61 SCC and the institutionally executed custodial measure under juvenile criminal law (Article 15 JStG, so-called "accommodation") are executed in the same correctional facilities. The focus of the treatment of both groups of persons is on promoting personal development, dealing with offences and vocational training.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
If the measure for young adults under Article 61 SCC does not appear to be suitable for the treatment of the offender or for the prevention of recidivism, another sentence under adult criminal law can also be ordered – in this case the sentence is carried out in a custodial institution for adult offenders of all age categories.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
Risk assessment of adolescents and young adults’ places per se high demands on the professionals who deal with it. To use assessment tools properly specific training is required. It is even more difficult to answer questions about how to generally deal with juveniles who come of age while in the penal system. The sentences and the punitive measures and sanctions of juvenile offenders differ considerably from those of adult offenders. However, because young adult offenders very often show a developmental delay, it is generally advisable to use various assessment tools as well as assessment tools for juveniles in this population (in addition to adult risk assessment tools). Risk assessment tools for juveniles allow to identify situational influences, social and familial embedding, the influence of peer groups as well as the developmental stage. Those factors play potentially an important role. Moreover, adolescent-specific dynamic risk factors are directly linked to the development of delinquent behaviour and should be addressed in therapy or in further interventions to reduce the risk of reoffending (e.g. lack of impulse control, criminal attitudes). The most frequently used prognostic assessment tools in the German-speaking part of Switzerland are listed in the document attached. In addition to the risk factors, however, protective factors must also be identified. They are important in supporting the resocialisation and reintegration processes of juveniles or young adults who have committed offences. Protective factors are, on one hand, general protective factors for delinquent developments (e.g. good relationships with authority figures, positive attitude towards punitive measure) and, on the other hand, resilience factors (resistance), which can be activated by a juvenile or young adult when stresses arise (e.g. distancing from antisocial influences, active coping strategies in dealing with problems that arise).
There are two institutional sanctions and measures for juveniles carried out under the jurisdiction of the prison service - juvenile imprisonment (aged 16-23) and the educational/correctional measure of appointing a juvenile to a juvenile correctional institution (aged 14-23). Imprisonment can only be imposed on older juveniles (16-18), while on younger juveniles (14-16) only juvenile educational/correctional measure and security measures can be applied. Juvenile imprisonment may be imposed only for criminal offenses for which the Criminal Code provides for 3 years of imprisonment or more, and when the nature and severity of the offense do not allow application of juvenile educaztional/correctional measures. In statistical terms, juvenile imprisonment is rarely imposed. It is carried out in special departments of the Penitentiary in Požega (closed / semi-open conditions) and the Penitentiary in Valtura (open conditions). If a juvenile sentenced to juvenile imprisonment does not serve their sentence by the age of 23, they shall be sent to a penitentiary where adults are serving their sentences. A juvenile sentenced to juvenile imprisonment may exceptionally, even after the age of 23, continue to serve a sentence of juvenile imprisonment in a specialized department for the enforcement of juvenile imprisonment, if this is necessary for the completion of their education or vocational training or if the remainder of the unserved sentence does not exceed six months, but in no case after the age of 27. Juvenile correctional measure of appointing a juvenile to a juvenile correctional institution is enforced in the Juvenile Correctional Institution in Turopolje (for boys) and in the Juvenile Correctional Institution in Požega (for girls), both semi-open with the possibility of an additional stimulating environment - in open conditions and with the possibility of enhanced care and supervision - in closed conditions). This juvenile correctional measure is imposed for an indefinite period of 6 months to 3 years and it is reviewed by the court every 6 months. Juveniles sentenced to juvenile correctional measure can't be sent to juvenile prison, or to penitentiary where adults are serving their sentences.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
If sent to a penitentiary where adults are serving their sentences (after turning 23, see above), person sentenced to juvenile imprisonment continues serving the sentence according to the Enforcement of the Prison Sentence Act (for adults).In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
A structured professional judgement is applied based on available documentation, interview with a juvenile and application of different psycho-diagnostic instruments. Such diagnostic procedure for those serving juvenile imprisonment is centralized in Diagnostic Centre in Zagreb (where all prisoners sentenced to more than 6 months of imprisonment, all prisoners with the security measure of mandatory psychiatric treatment and all juveniles sentenced to juvenile imprisonment are admitted). Expert team of the Diagnostic Centre is consisted of psychologists, social workers, social pedagogues, medical doctors and lawyers. Based on findings and recommendation of Diagnostic Centre in Zagreb, an individual sentence plan is tailored for each juvenile sentenced to juvenile imprisonment, adjusted to their individual risks and needs. Diagnostics (risk and needs assessment) of juveniles sentenced to a juvenile educational/correctional measure is carried out in the juvenile correctional institution, on the same principles and with the same composition of expert team as in the Diagnostic Centre.
Anyone who commits a criminal offense after having reached the age of 18 and who is sentenced to a custodial sentence for it, will be imprisoned in an adult prison. When a person is between sixteen and eighteen years old at the time of committing a criminal offense and youth protection measures are not considered appropriate, the juvenile court may, by a reasoned decision, decline jurisdiction and refer the case to the public prosecutor's office, for the purpose of prosecution before the competent court that will apply the common criminal law and the common criminal procedure. When the minor is eventually sentenced to a custodial sentence, he will serve that sentence in the penal section of a community institution. However, if the person has reached the age of eighteen and there is not enough accommodation available in the community institutions at the time of the placement, he will be placed in a penitentiary institution for adults. Persons aged twenty-three or older will also be placed in or transferred to a penitentiary institution for adults. When a young person who has reached the full age of eighteen seriously disrupts the life in the institution or endangers the integrity of the other young people or the staff, the competent authority of the community will send a detailed report to the Minister of Justice, who can then also refer the young person to a penitentiary institution for adultsIf yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
As long as a person resides in a community institution, the rules of that institution apply. However, the person will be eligible for the legal modalities for the enforcement of sentences for adults. As from the moment a person resides in an adult prison, the prison rules apply.In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
No specific tools for young adults are used. Usually, different tools are used to assess different types of risks, for example: - General risk/general recidivism: Level of Service inventory (LSI-R) - Risk of violence/violent recidivism: Hare Psychopathy Checklist (PCL-R, PCL:SV, PCL:YV), Historical Clinical Risk-20 (HCR-20), Violent Risk Appraisal Guide (VRAG) - Sexual risk/sexual recidivism: Sex Offender Risk Appraisal Guide (SORAG), Sexual Violence Risk-20 (SVR-20), Rapid Risk Assessment for Sex Offence Recidivism (PRASOR), Static-99, Static 2003, Sex Offender Needs Assessment Rating (SONAR) - Risk of partner violence: Spousal Assault Risk Assessment Guide (SARA)
According to § 55 Juvenile Courts Act (JGG) the execution of sentences on juvenile prisoners in special institutions designated for this purpose or in special departments of other institutions for the execution of custodial sentences may be put in charge of - provided that there is no reason to fear that such execution will have a harmful influence on or otherwise disadvantage juvenile prisoners - 1. Adult prisoners under the age of twenty-two to commence the custodial sentence; and 2. Criminal prisoners who are to be detained in the juvenile penal system shall remain subject to detention until they reach the age of twenty-four. If, at the time of reaching the age of twenty-four, it is expected that only a sentence of not more than one year will still have to be served, or if the transfer to an institution designated for the execution of custodial sentences for adults would, under the circumstances, be associated with particular disadvantages for the prisoner, the prisoner may remain subject to the juvenile penal system even for the execution of the remainder of the sentence. In no case may a prisoner who has reached the age of twenty-seven remain subject to the juvenile penal system.If yes, what is their legal status (e.g. they serve a sentence as adults or as juveniles)?
All provisions applicable to juvenile prisoners shall be applied to older prisoners subject to juvenile detention. However, upon their request, the latter shall be exempted from school lessons by the prison governor (in accordance with § 55 JGG).In this specific situation, which risk assessment tools (for juveniles or adults) do you use?
In Austrian prisons, there is a comprehensive range of psychotherapeutic services that are mainly forensic, i.e. offender-oriented and recidivism-preventive. This includes dealing with risk factors (such as addiction, violence, work, social behaviour, communication, emotions, mental illness, etc.) in group and individual settings. Besides this, specially selected criminal prognosis procedures are used, depending on the problem and the personality of the inmate. In this respect, a distinction is made between procedures for juveniles and adults as well as between clinical-ideographic and statistical-nomothetic procedures. For juveniles, for example the following procedures are used: VRS:YV (Violence Risk Scale - Youth Version), JSOAP/2 (Juvenile sex offender Assessment Protokol II), SAVRY (Structured Assessment of Violence Risk in Youth), etc. For adults, there is a larger selection of procedures to choose from, which are also used. The following procedures are mentioned only as excerpts: HCR-20 V3 (Assessing Risk for Violence, Version 3), VRS (Violence Risk Scale), VRAG-R (Violence Risk Appraisal Guide - Revised), VRS: SO (Violence Risk Scale - Sexual Offender Version), SORAG (Sexual Offender Appraisal Guide), SSPI (Screening Scale for Pedophilic Interests), etc.
Supported by the Justice Programme of the European Union