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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Irish Prison Service is currently examining ways to identify the impact ofchanges in legislation and/or policy which could increase or decrease prisoner numbers in our Prison Service. Impact assessments on proposed legislation will improve our understanding of its potential impact on the prison population. This will then allow us to understand and plan for future accommodation requirements as well as additional resources which will be required.
Yes. The SPS’ first Strategic Assessment was developed in 2016/17 and is currently being revised for 2019-20. The Strategic Assessment aims to inform medium term (one to three year) priorities for the SPS and provide a robust evidence base in support of strategic themes within the SPS Corporate Plan and associated Annual Delivery Plans. It helps to inform decision-making to ensure that resources are targeted appropriately. The responsibility for the delivery of the Assessment lies with Strategy and Stakeholder Engagement Directorate in conjunction with the Corporate Change and Planning Unit. So that SPS, Government and partners agencies can plan for, and respond to, forthcoming policy challenges, the Strategic Assessment aims to: • draw together the strategic drivers from Scottish Government, wider public policy and public service reform; • describe the picture of need and model future trajectories to enable forward strategic and corporate planning; and • identify and understand the potential gaps in prison services in light of a changing and increasingly complex prison population. Information is collected from a variety of sources, including research and published data, as well as evidence gained through stakeholder and service user engagement. The Strategic Assessment is an instrument to help SPS identify specific people, places, themes, systems, challenges and opportunities which may require attention either now or in the near future. The Scottish Government’s progressive approach to penal policy pushes the boundaries of the ‘Prison System’ and its interface with community justice, public protection and health and social care. SPS is being challenged to make an enhanced contribution to policy areas beyond its traditional place in the justice system and is increasingly being recognised as a public service that can play a distinctive role in desistance and prevention. Furthermore, SPS will also be expected to contribute to collaborative efforts in challenging social injustice, tackling poverty and deprivation and reducing the educational attainment gap.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?The strategic assessment should be a robust piece of work that utilises a range of evidence and sources in order to identify both the internal and external factors which may significantly impact upon future SPS capacity, priorities, strategy, implementation and delivery. A number of key messages should be identified and summarised succinctly. These messages should be supplemented by annexes which provide robust evidential references, and where available e-links, in support of each assertion. These key messages should be able to inform SPS development and direction in the following key areas: • 2017-2020 Corporate Plan • SPS Strategic Priorities • Annual Delivery Plan • Shared Scottish Government and SPS strategy • Population and Estate Configuration It is important not to set the scope of information sources too narrowly as it is likely that a number of issues which are not immediately obvious may emerge as significant. However, as a guide the following areas will prove essential to exploration: National priorities • Outline Scottish Government priorities; • Highlight expectations of public bodies; • Explain Government expectations of SPS. Changing Nature of Crime and its Impact • Explain how crime and offending patterns are changing and explain how this may impact upon the prison population; • Collate evidence on what the priorities might be in response to changing offending patterns; • Assess how well placed SPS is to successfully meet the challenges presented by such shifts; • Identify what communities/areas are most likely to be affected by crime and the impact of imprisonment. Population Changes and Impact on Estate • Explain how prison populations have changed in recent years and how they are likely to change in future; • Identify prison population projections over the medium to long term; • Highlight any changes which are likely to occur in the demographic breakdown of the population in terms of age, gender, index offence, sentence length and individual need; • Identify what the future priority sub-populations and offender outcomes might be and what factors are likely to drive this; • What the priority places might be and why (e.g. establishments in need of refurbishment) and what the nature of the estate might look like going forward? • Identify projections on estate capacity and the capability to respond to the shifting population • Explain the implications if SPS are unable to successfully adapt to such changes. Deficit reduction impact • The impact of a reduction in funding on prisons in other jurisdictions; • Highlight the implications of reduced resources for prison stability; • Identify how prison spending is likely to be affected in light of the fact that police, health and education are protected budgets; • Outline the potential consequences of failure to invest in prisons. External Influences to consider PESTLE - the variety of external Political, Economic, Social, Technological, Legal and Environmental factors which may impact up on SPS provision and delivery. Implications of Austerity, Brexit and Constitutional uncertainty should form a key part of the assessment. The paper should take account of the various layers of current and emerging policy development at a national level through to interpretation and delivery of penal policy at establishment level.
From what source is the data collected? What data is used?Topic list: Contents Chapter 1: Introduction Chapter 2: Strategic Context Chapter 3: Changing Patterns of Crime Overall Prison Population Crime Patterns by Sentence Length Crimes Patterns by Crime Type Chapter 4: Population Projections Overall Projections Reasons for Future Projections Community Justice Chapter 5: People Staff Stakeholders and partnerships Families Victims Service users Populations: Sex Offenders Older Adults Domestic Abuse Women Young People Short Term Prisoners Long Term Prisoners Individuals Involved with Serious and Organised Crime Groups Prisoners Managed Under the Terrorism Act (2000) Assisting Offenders Hate Crime and Sectarianism Learning Difficulties and Disabilities Transgender prisoners ACEs Trauma and bereavement Chapter 6: Places Establishments Estates Planning Impact of Imprisonment on Communities Geography The Link between Crime and Poverty Chapter 7: Themes Health and Social Care Substance Misuse Education Employability Housing Welfare and Financial Inclusion Violence Mental Health Suicide Prevention Chapter 8: Systems Digital Strategy Case Management Throughcare MAPPA HDC Purposeful Activity Chapter 9: Conclusion
Does the impact assessment provide for projections on the impact on prison and probation populations?Yes. As Qs 1, 2, & 3
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?Yes. As Qs 1, 2, & 3
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?Yes. As Qs 1, 2, & 3
No, an impact assessment on the evolution of upcoming numbers of prisoners does not exist. Thus, the circumstances of whether people commit crimes and in which way they are convicted for this by the courts - to a fine, a probation or to imprisonment - regularly escapes any forecasts. However, impact assessments regarding the regulatory objectives, intentional and unintended side effects, costs incurred, etc. have to be made during legislation procedures(see §§ 43 I no. 5, 44 Joint Rules of Procedure of the Federal Ministries - GGO, download here: https://www.bmi.bund.de/SharedDocs/downloads/EN/themen/moderne-verwaltung/ggo_en.html).
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?See 1.
From what source is the data collected? What data is used?See 1.
Does the impact assessment provide for projections on the impact on prison and probation populations?See 1.
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?See Q 1.
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?Yes, see 1.
The Austrian Prison Service does not have an impact assessment process. In certain cases, and when budgetary resources are available, external research organizations will be tasked with special evaluation studies.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?--
From what source is the data collected? What data is used?--
Does the impact assessment provide for projections on the impact on prison and probation populations?--
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?--
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?--
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When developing Legislation projects or policy planning documents (hereinafter – project) regarding prisoners, in the development process are included Ministry of Justice of the Republic of Latvia in connection with the Latvian Prison Administration , State Probation Service and any other institution if necessary. The Ministry of Justice leads the adoption process of projects. When developing projects, situation analysis is carried out and the problem, that the developed project will solve, is described. If the solutions are connected with changes in the number of prisoners, Ministry of Justice requests from the Latvian Prison Administration the information necessary for the development, including statistical data. In Latvia there is a specific procedure for developing legislation project annotations that must also include an assessment of the impact on the target group.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?Cabinet Regulation No.19, adopted 15 December 2009 "Procedure for assessing the initial impact of a legislation act project" describes the procedure for preparing the initial (ex-ante) impact assessment report (hereinafter – annotation), annotation form and impact assessment objects (sections of annotation), as well as the competences of the Ministries involved in the assessment of the annotation sections. The goal of the initial impact assessment is to identify the consequences and their impact that will be caused by the project. Project initial impact assessment is carried out while abiding by the following principles – timeliness, systemicism, comprehensiveness, proportionality, impartiality, evidence-based decision making, cost and benefit commensurability (https://likumi.lv/doc.php?id=203061).
From what source is the data collected? What data is used?When developing these projects regarding prisoner population or other issues, often large amount of information is necessary from many institutions. Usually the Ministry of Justice requests the appropriate information from the Latvian Prison Administration. The data from official information systems are used, as well as there have been cases when prisons are instructed to gather set type of statistical data in specific period of time and to inform about the results.
Does the impact assessment provide for projections on the impact on prison and probation populations?In the annotation of projects there must be indicated the impact on target group – i.e. changes in population, sentence execution process, level of restrictions of human rights etc., which is necessary as this issue is connected with the state budget amount intended for the operation of the prison system.
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?All types of long-term impact on prison system must be anticipated in the projects. For more information see Cabinet Regulation No.19, adopted 15 December 2009 "Procedure for assessing the initial impact of a legislation act project". According with the Cabinet Regulation No.867, adopted 11 December 2012 "Procedure for Determining the Total Maximum Allowable State Budget Expenses and the Maximum Allowable State Budget Expenses for Every Ministry and Other Central State Government Institutions for Medium Term", the "base" expenses for Latvian Prison Administration are calculated. It is not connected with the number of prisoners. Taking into account the Maximum Allowable Expenses, the Latvian Prison Administration budget is developed (primary, public utilities and costs connected with prisoner maintenance/support).
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?In Project annotations all types of long-term impact on prison system is assessed (and not only – but also on the number of Probation clients, workload of judges etc.). Assessed are not only the previously mentioned factors, but also the impact on the workload of prison/probation staff (if it is visible), internal procedures of institutions, information systems, prisoner resocialisation, material and technical support etc. When developing projects that will have an impact on the criminal sanction system, the impact on the whole criminal justice system is evaluated. For more information see Regulation No.19, adopted 15 December 2009 "Procedure for assessing the initial impact of a legislation act project" (https://likumi.lv/doc.php?id=203061).
Part of the proposal of any legislation (not related only to criminal law) is, among other things, a clause of selected impacts and an impact analysis. The clause of selected impacts contains, in accordance with the provision of Section 7(3) of Act no. 400/2015 Coll. on the drafting of legislation and on the Collection of Laws of the Slovak Republic and on the amendment of certain acts, the anticipated impacts of the draft legislation and their analysis, in particular the impacts on: - public administration budget, - marriage, parenting and family (family environment, mutual bond strength between family members, raising children, rights of parents towards their children, basic principles of family law and disposable income of households of several children), - business environment, - environment, . informatization of society, - public administration services for the citizens. No specific monitoring of the impact of the proposal of each legislation on the prison population is carried out. The impact of the draft legislation on the prison population is only processed in the case of selected legislation in national criminal policy area (e.g. an estimation of the number of prisoners for whom the electronic monitoring would be applicable had been processed when introducing the “electronic system of person monitoring”. These impacts are then stated in the clause of impacts on the public administration budget.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers? From what source is the data collected? What data is used? Does the impact assessment provide for projections on the impact on prison and probation populations? Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years? Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?Impact assessment for upcoming legislation should be carried out while drafting a new legislation. The comprehensiveness of this assessment must be proportionate to the possible consequences of the proposed legislation. The decision on the expected impact of the legislation is made by the draft legislation promoter which usually is the Ministry of Justice. The Lithuanian prison service has no impact assessment tools.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?n/a
From what source is the data collected? What data is used?Source: official data, surveys, analytical results, etc.
Does the impact assessment provide for projections on the impact on prison and probation populations?Systematic impact assessment allows to predict preliminary impact.
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?It is possible to predict prison related financial expenditure (e.g. construction and operational expenses for current and coming years) by calculating the preliminary change in prison population.
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?see above
The Romanian prison system does not have available information on this subject.
If your country has an impact assessment statement process, what types of questions are asked to assess the impact of the upcoming legislation or policy on prison numbers?n/a
From what source is the data collected? What data is used?n/a
Does the impact assessment provide for projections on the impact on prison and probation populations?n/a
Does the impact assessment provide for an estimate of the financial impact of such population changes on Prison expenditure, including those for construction and operational matters for current and future years?n/a
Does the impact assessment provide for an analysis of any other significant factors affecting the cost of the measure and its impact on the operations of the criminal justice system? If so, what are the factors considered?n/a
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