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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: One of the aims of the modern prison systems is to apply the elements of restorative justice into the execution proceedings. In a simplified form, it means an effort in the treatment process to restore and redress the disturbed and damaged relations due the crime committed, between the offender (prisoner serving the prison sentence) and the victim and community. Despite of the natural limits of the prison environment, in some countries there are examples of various ways of using the restorative justice in prisons – programs of taking responsibility for perception of victims (e.g. the program “Hope Prison Ministry” carried out in South Africa, the program “Supporting Offenders through Restoration Inside” carried out in England and Wales or the program of NGO “Prison Fellowship International“ carried out in several countries under the name “Sycamore Tree Project”), restorative conferences aimed at dealing with the disciplinary punishments of inmates. We are considering in the future, in cooperation with NGOs and organisation dedicated to helping the victims of crimes, the experimental verification of foreign good practices also in our prison conditions. Therefore, we would like to kindly ask you to answer the below stated questions related to the implementation of the restorative justice concept within your prison system.
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2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?-
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?-
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?-
In this moment, different programs are being implemented in collaboration with external agents.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?In some cases, meetings between victims and inmates have been prepared. The person in charge of moderation depends on the program and specific situation of both, inmate and victim.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Generally, it is difficult to stablish a relation between participating in a programe and reoffending. Nevertheless, there are cases of victims that have given a very positive feedback.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Yes. In some prisons and with the collaboration of external agents.
Currently, restorative justice programmes are not widely used within SPS. However, at HM Young Offenders Institution Polmont, a restorative justice process can be used to resolve in-house conflict. The process looks at the facts of the situation, the consequences arising from the dispute and the future options for the individuals involved and can be used to repair the harm done after a fight, an assault or any arguments or disagreements.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)? 3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending? 4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?In Finland we have a couple of restorative "programs". The most important - although quite new - program is "Restorative Dialogue in Serious Crimes" (Vakavien rikosten Jälkikäsittely). This means that the victim or relative or covictim of serious crime (homicide, attempted manslaughter, aggravated assault, sexual crime) can consider if he or she wants to meet the offender face to face with two facilitators in order to have answers for his or her questions or what ever his/her needs are. Offender or victim can make the initiative. We have made a careful modeling about this quite long process. Another type of program is restorative dialogue between the offender and his/her member of the family in order to minimize the consequences of the crime for the family. Third type of "program": in the restorative department of the prison where restorative values are followed we with surrogate victims visit the prisoners in this department and have discussions with the prisoners who participate e.g. violent or substance abuse -program. There are carried out also other restorative practices. We have made a draft of a program of 6-10 times. Fourth type of "program": mediation or restorative dialogue between two prisoners.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?Yes all those programmes (see above) include face-to-face or shuttle -meetings between prisoners and victims or representatives of victims. Two facilitators moderate these meetings, although this varies a little depending on the type of the program. Restorative dialogue in serious crimes -program is carried out together with prison service and NGO -nowadays under Finnish institute for health and welfare- as partnership.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?The restorative Finnish programs are guite new so we have not been able to investigate the effects for re-offending. However we have interviewed all the participants who have participated face-to-face -meetings and documented their experiences immediately after the meeting and about 2-3 months later. They all have been satisfied with the process and meeting the other. Relatives of the victims have told that their fear and anger and hate have decreased or disappeared. Their social relations have improved. Many have told that their PTSD -symptoms have decreased and they have been happy that they have been able to have answers to their questions from the prisoner. Prisoners have been relieved that they have been able to show their remorse and perhaps to apologize. Their anxiety and feeling of revenge (if he/she has had that kind of feeling) have decreased. This meeting has usually motivated the prisoners to focus better on their rehabilitation programs. Some prisoners have also told that this encounter has facilitated their re-integration process when they release from the prison. In restorative department of the prison when we have interviewed the inmates who have participated in rehabilitative programs they have been more motivated and eager to participate and learn when the environment is respectful, genuine, honest and confidential. The prisoners can trust that everyone in this Group want to change their behaviour and thoughts.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Using principles of restorative justice within disciplinary cases is one of our aims for the future: to use restorative discussion after the traditional punisment or if it is not so severe violation then only the restorative discussion is used. In one restorative department of one prison we have trained the staff and prisoners to use peaceful conflict solutions – and again when new group of prisoners have been accepted in the department.
In Finland we have a couple of restorative "programs". The most important - although quite new - program is "Restorative Dialogue in Serious Crimes" (Vakavien rikosten Jälkikäsittely). This means that the victim or relative or covictim of serious crime (homicide, attempted manslaughter, aggravated assault, sexual crime) can consider if he or she wants to meet the offender face to face with two facilitators in order to have answers for his or her questions or what ever his/her needs are. Offender or victim can make the initiative. We have made a careful modeling about this quite long process. Another type of program is restorative dialogue between the offender and his/her member of the family in order to minimize the consequences of the crime for the family. Third type of "program": in the restorative department of the prison where restorative values are followed we with surrogate victims visit the prisoners in this department and have discussions with the prisoners who participate e.g. violent or substance abuse -program. There are carried out also other restorative practices. We have made a draft of a program of 6-10 times. Fourth type of "program": mediation or restorative dialogue between two prisoners.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?Yes all those programmes (see above) include face-to-face or shuttle -meetings between prisoners and victims or representatives of victims. Two facilitators moderate these meetings, although this varies a little depending on the type of the program. Restorative dialogue in serious crimes -program is carried out together with prison service and NGO -nowadays under Finnish institute for health and welfare- as partnership.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?The restorative Finnish programs are guite new so we have not been able to investigate the effects for re-offending. However we have interviewed all the participants who have participated face-to-face -meetings and documented their experiences immediately after the meeting and about 2-3 months later. They all have been satisfied with the process and meeting the other. Relatives of the victims have told that their fear and anger and hate have decreased or disappeared. Their social relations have improved. Many have told that their PTSD -symptoms have decreased and they have been happy that they have been able to have answers to their questions from the prisoner. Prisoners have been relieved that they have been able to show their remorse and perhaps to apologize. Their anxiety and feeling of revenge (if he/she has had that kind of feeling) have decreased. This meeting has usually motivated the prisoners to focus better on their rehabilitation programs. Some prisoners have also told that this encounter has facilitated their re-integration process when they release from the prison. In restorative department of the prison when we have interviewed the inmates who have participated in rehabilitative programs they have been more motivated and eager to participate and learn when the environment is respectful, genuine, honest and confidential. The prisoners can trust that everyone in this Group want to change their behaviour and thoughts.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Using principles of restorative justice within disciplinary cases is one of our aims for the future: to use restorative discussion after the traditional punisment or if it is not so severe violation then only the restorative discussion is used. In one restorative department of one prison we have trained the staff and prisoners to use peaceful conflict solutions – and again when new group of prisoners have been accepted in the department.
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In Lithuania restorative (mediation) programs are implemented by probation staff (mediators). In the Lithuanian Probation Service, the mediation process is usually used discussing the cases of compensation for criminal damage (at the pre-trial stage, in court or after conviction) and domestic violence, when the issues of communicating with children, their maintenance and, sometimes, property division are discussed. Mediation is not limited to these cases and can be used for any type of dispute at any stage of the criminal justice system.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?The Lithuanian probation staff (mediators) organize meetings (online meetings and phone calls during the pandemic) between the victim and the offender.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?The anonymous survey revealed that the majority of offenders are satisfied with their decision to participate in the mediation process. No other studies have been carried out yet.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Restorative justice measures are most commonly used for victim – offender mediation. Heads of correctional institutions are recommended to more often use restorative justice in conflict situations between inmates and staff, and the imposition of disciplinary sanctions should be the last resort, as provided for in the European prison rules. The mediation system in Lithuania was launched in 2014, 82 specialists (14 mediators and 68 probation officers) were trained within the period of the project implementation.
The Austrian Prison System is basically embossed by the idea of resocialisation: the of-fender should be reintegrated into society without committing further crimes (relapse management). This goal is not just pursued during the time in prison, but especially in times of release (release management). To support the inmates beyond the activities set by the probation service there are different national institutions. Their main goal is to help these people to help themselves (consultation and support to get into contact with other follow-up care and post-rehabilitation institutions, arrangement of accommodations and work/employment, programs for creating a daily structure, etc.).
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?Generally, during the time of imprisonment, the victims are not involved in these restora-tive programs. However, in some cases (e.g. if children are victims) there are possibilities to have joined meetings with the prisoner, the victim, the prison service and specific au-thorities or NGOs (e.g. youth health care, victim protection facilities). Because of the sensitivity of the concerning crimes, it is always necessary to prepare and hold these meetings in a multi-professional setting. Such meetings, however, cannot be obligatory.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Most of the inmates consider it as a big advantage and give positive feedback about re-ceiving the necessary help to help themselves; especially if they have served a long-term sentence (e.g. after an imprisonment of several years the digital development in daily life is often not easy to handle without any help). Furthermore, often inmates are unable to cope with all the bureaucracy they have to manage after being released (e.g. finding an accom-modation, a job, paying back debts, etc.). The participation in restorative programs helps (former) prisoners to (re)integrate into society and reduces re-offending.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?No, it is generally not used within disciplinary proceedings, but, if necessary, the psycholo-gists (trained prison staff) hold specific professional conversations with the inmates concerned. In conflict situations between inmates, after being reported to the judge, the victim (inmate) has to have the possibility to get into contact with a victim protection facility.
There is no specific RJ based programme in Croatian prisons, but some programs have the elements of this approach. Elements of RJ are applied under the intervention programme for perpetrators of offences in traffic. Namely, group intervention programme for perpetrators of offences in traffic encompasses psychoeducational part - raising knowledge about traffic regulations, causes and consequences of traffic; and psychosocial part - regulation of psychological hazard mechanisms, risk acceptance, awareness and self-assessment of subjective factors which are risky for safe driving, the importance of cooperation and communication with other participants in traffic, the development of positive attitudes and motivations in relation to traffic safety, gaining insight into own behaviour and dealing with the consequences of traffic misconduct. Previously the core element of the programme was holding mediation groups consisted of prisoners - offenders in traffic (selected by the prison specialist staff) and representatives of families of traffic victims - members of the NGO named Association of families of traffic victims. Unfortunately, this practice doesn’t exist anymore as the mentioned NGO is inactive for last several years. Other part of the programme with elements of RJ refers to visits of representatives of prisoners - offenders in traffic to high-schools and meetings with students (aged 17-18 years) who are soon to receive their driver’s licences and this practice is still applied but on a small scale. In addition, the EU funded project “Restorative Justice at Post Sentencing level; Supporting and Protecting Victims” was conducted in the period 2013 to 2014 - for more information, please consult https://www.balkan-criminology.eu/projects/restorative-justice-croatia/)
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?As explained above, meetings between victims and perpetrators were held within the intervention programme for perpetrators of offences in traffic. Specialist staff from prison (social pedagogue, psychologist or social worker trained in the specific programme) pre-selects prisoners who are able to participate, prepares them for the meeting and runs/moderates the meeting. Participants from the side of victims are pre-selected and prepared by the NGO. It is worth to mention that special attention was given not to have in the meeting perpetrators and victims of the same offence (only indirect encounter was possible to avoid possible psychological harm for participants and/or inability of both staff and participants to cope with the situation).
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Participants from the side of perpetrators and victims were very satisfied with the meetings. The feedback from prisoners indicated increased understanding and empathy for the victims, increased perception of own accountability for one’s actions and behaviours and sense of emotional relief arising from words of understanding, and sometimes even forgiveness from the victims’ side. The feedback from victims’ side indicated mostly emotional relief arising from understanding offenders as human beings who also suffer psychological and emotional damage as a consequence of their actions (which impact also their families) and who are often in search for forgiveness. No research was conducted on the effects of this method in terms of reoffending.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Principles of restorative justice are not applied in prisoners’ disciplinary proceedings.
Unfortunately we do not deliver any restorative program in our prison system yet. There is not yet a developed model of Restorative Justice in Slovenia as such. However there are some similar modes such as settlement and mediation in criminal matters operating. All are under the court jurisdiction. Settlements in criminal proceedings are possible in cases punishable either by fine or by three years of prison (five years in case of minors) and can be implemented on discretion of attorney general. Diversion proposed by the public prosecutor can be enforced before the criminal proceeding or even during the trial process. Some sort of ‘spirit of restorative justice’ could be found in community service as a mode of serving prison sentence, restitution of damage as part of the sentence and also the extenuating circumstances in determining sentence if an offender restitutes for the damage done. Conditional sentence as defined in the Code of Criminal Procedure could be seen as partly restorative, because imposed conditions are associated with performing either restitution of damage, contribution to the wronged party or for charity or community service. In case of minors the court could impose a commitment to settle with the wronged party.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?See answer to the first question.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?See answer to the first question.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?See answer to the first question.
Restorative justice in France is implemented through 7 types of programmes that differ from one another, particularly in the actors they mobilise, namely : • Inmate/victim meetings in the custodial sector; • Convicted offenders/victims meetings in the non-custodial sector; • Restorative mediation or mediation between perpetrators and victims; • Restorative Conferences or Family Group Conferences; • Circles of support and responsibility; • Circles of support and resources; • Sycamore Tree (experimented in 2019 in a prison)
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?With the exception of the Circles of Support and responsibility and the Circles of Support and Resources, which only concern perpetrators coming out of detention and which are grouped together in the category of support groups, the programmes include meetings between prisoners and victims. However, a distinction should be made between meetings that bring together perpetrators and victims of the same case (restorative mediation) and indirect meetings between perpetrators and victims, which aim to bring together perpetrators and victims who are not involved in the same case but only in the same type of offence. These meetings are facilitated by a specially trained independent third party (or third parties). This may be a pair of co-facilitators consisting of a professional from a victim support association or a socio-judicial service, an integration and probation officer or a youth protection worker. These meetings also involve community members who have been trained in restorative justice. These people show the interest of society in the process undertaken. Their role is essentially one of listening and support.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Freeing speech and the fact of being able to express oneself freely, without taboos, are two elements of satisfaction that perpetrators and victims systematically evoke, often associating a feeling of well-being. The National Survey of Victims and Perpetrators participating in Restorative Justice conducted by the French Institute for Restorative Justice in 2019 collected testimonies from both victims and perpetrators. It highlights three major elements: -Restorative justice liberates through dialogue, which offers both the possibility of telling stories and of meeting each other; - Restorative justice is part of broader processes of reparation and desistance; - The crucial importance of the secure framework of restorative justice. By telling their stories, the victims experience a feeling of regaining power, while the perpetrators allow themselves to speak through the dynamics of authentic, taboo-free exchange that the restorative justice framework allows. Victims who seek to understand the "why" and "how" of their actions get answers from the perpetrators themselves. The perpetrators express a sense of satisfaction. They were able to "help" the victims to "heal". They feel useful in this way. They also speak of relief and well-being while allowing themselves to envision a future and life projects. The desistance process is fuelled by the desire of victims to make perpetrators understand the extent of the repercussions of their actions by raising awareness. In turn, meeting victims and hearing their stories undoubtedly makes the perpetrators feel more responsible for their actions, but also for their consequences, of which they were often unaware. Finally, for the participants, the supervision of the system is reassuring and allows them to cope with the emotional charge of the meetings. It encourages listening to each person and creates an atmosphere of respect
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?No, we do not use restorative justice processes within disciplinary proceedings. However, the French National Correctional Administration Academy is currently developing a new training course entitled "mediation in a professional context", which will enable prison officers to be trained in relational mediation within prisons. This mediation can be carried out before or after a disciplinary procedure.
Under the Ministry of Justice of Catalonia, and in particular, the Secretariat of Criminal Sanctions, Rehabilitation and Victim Support (hereinafter SCSRVS), restorative justice is available at the different stages of the criminal process in both the adults’ jurisdiction and in juvenile Justice. With regard to adults, since 1998, the SCSRVS in collaboration with an external agency (currently Fundació AGI) is running the Restorative Justice Programme (hereinafter RJP). Restorative justice does not count on a specific legal base. The law does not offer any particular paramount principle establishing the eligibility of the cases neither. As a result, in practice a restorative justice process may have an impact on the criminal proceedings through the legal concept of the reparation of the harm to the victim. The Penal Code and the Criminal Procedural Law (Ley de Enjuiciamiento Criminal) foresee a number of possibilities to award legal benefits to the offender that makes the effort of compensating the harm to the victim. The type of legal benefit will depend on the stage of the process and the type of the crime, e. g. mitigation of the sentence, suspension of a custodial sentence or its replacement by an alternative sanction, benefits or licences when the offender is serving the prison sentence amongst others. Hence de facto a restorative process, although not being explicitly foreseen by law, is possible at any stage of the criminal process, also after sentence, for any type of crime, as far as there is a personal victim or a legal entity that has suffered loss or damage. Mediation is only excluded explicitly for gender violence offences when the case is at the pre-trial stage. The fact that the accused is in prison, either on remand or already sentenced, it is not an obstacle for a restorative process to take place. The facilitators will meet the victim and will go to the prison to hold the meetings with the offender as many times as needed. If the facilitators and the parties agree to meet face-to-face, the meeting can take place inside the prison as far as this is helpful for the victim and the logistical arrangements are feasible. Otherwise, the facilitators can pass on the messages between the parties or they can also do it by exchanging letters through the mediators. At any stage of the judicial process, the cases can be referred to the RJP by the offender or the victim themselves, judges and prosecutors, victim support, lawyers and the treatment team professionals of any of the Catalan prisons. The latter ones would do so after having identified that a particular offender could be eligible for a Restorative Justice process. This can happen any time or in the framework of one of the specialised treatment programmes that offenders might have to undertake in prison. One of the aspects that these programmes address is accountability for their actions and the empathy towards the victim. It is also possible that an inmate by him/herself, reaches the conclusion that s/he wants to listen to the victim and repair the harm done. In such case, the treatment team professionals would also refer the case to the RJP. Although referrals can be done by any of the Catalan prisons, a specific RJP scheme was set up in the prisons of Ponent, Lledoners and Joves, aimed at streamline the referral process. The aim of any restorative justice process, also those in which the offender is in prison, is to support a process for the victim to have a say in how the harm suffered should be redressed and to allow the offender to take responsibility and decide whether he/she would like to repair the harm caused. One of the lessons learned over these years, is the importance to adjust to the time needs of the victim. This is particularly relevant in restorative processes at the post-trial stage, as it might take place a long time after the crime took place and the victim may need to have more time in between meetings with the facilitators. In addition, there as part of the Catalan government effort to properly tackle sexual reoffending, in 2012 the Secretariat in Catalonia participated as a partner in the second edition of the European project Circles4EU. In the framework of this project in 2013 the SCSRVS initiated the implementation of a pilot project of Circles of Support and Accountability in Catalonia. Once volunteers were recruited, the 3 first CoSA were set up. Since then, a number of circles have been successfully run and the pilot project became a consolidated programme which at present is being run by the Secretariat in collaboration with non-profit agencies. The CoSA programme aims at preventing reoffending by strengthening the support to inmates who have been sentenced for sex offences and who are on conditional release, returning into the community. The circle is formed by the sentenced person, who is the core member, and the volunteers, who are members of the community specifically trained to support the core member in the difficulties he may encounter in the community. The Circle is being monitored by a coordinator, who is a staff member hired by an external agency (currently Fundació Salut i Comunitat or APIB).
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?The RJP offers different restorative justice practices in order to meet the needs of the parties involved. The facilitators are trained to be able to conduct victim-offender mediation as well as conference type processes so that they can tailor the process to the specific case. This is equally applicable at the post-trial stage. As mentioned earlier, it is possible that a meeting face-to-face between victim and offender takes place in the prison as far as this is in line with the parties’ needs. Other people relevant to the parties or the case, may also be involved if the parties consider they should be present and therefore the facilitators would be conducting a restorative conference or circle. Indirect restorative processes can also take place where the facilitators will help victim and offender exchange messages. The meetings, regardless of the type, are conducted by the facilitator/s responsible for the case. These are professionals that have been trained in conflict resolution, communication skills and restorative practices with different backgrounds. They are hired by the external agency that has won the public tender, currently Fundació AGI, who manages and coordinates the programme. The SCSRVS supervises and funds the programme. The CoSA programme however, does not entail an encounter between the victim and the offender.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Concerning the Restorative Justice scheme for adults, there have been a number of researches conducted. The two following ones can be of interest: Tamarit Sumalla J. M. (2014) Evaluation of the Victim-Offender Mediation Programme with adult offenders implemented by the Department of Justice. CEJFE. This study focused on victim participation and the impact of the Restorative process and its outcome on how the victim felt about the crime and the harm suffered. In general victims felt satisfied of the process and the possibility of receiving reparation and apologies by the offender. The study is available in Catalan and Spanish here http://cejfe.gencat.cat/ca/recerca/cataleg/crono/2014/mediacio-penal-adults/ Melendez Pereto, A. (2015) Restorative justice and desistance. The impact of victim-offender mediation on desistance from crime. This research aims to examine the capacity of restorative justice to have an influence on desistance from crime, by focusing on mediation processes in order to identify whether there is a relationship between participating in a victim-offender mediation process and taking the decision to desist from crime as well as to study the offenders' stability in a pro-social life, desisting from deviant behaviour. Available here: https://ddd.uab.cat/pub/tesis/2015/hdl_10803_309139/amp1de1.pdf With regard to the Circles programme, from the outset the reoffending rates have been researched from the outset of the setup of the programme. To date, 3 interim reports have been produced and are available here http://justicia.gencat.cat/ca/ambits/reinsercio_i_serveis_penitenciaris/cercles/ In 2021 the final report will be published and the reoffending rates will be made available. By and large, the inmates’ feedback is very positive. They are grateful to have taken part in the programme as the circle has supported them in returning into the community. It has helped them to improve different aspects such as their own training and education, housing, personal self-awareness and their social network amongst others. Focusing on reoffending rates, as mentioned the rates will be published in the final report this year. However, it can already be said that there is a significant difference between the sex offenders that have taken part in a circle and those who have not.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?In two prisons Restorative Justice practices are implemented to address conflicts among inmates. In one of them, resolution through mediation is applied as an alternative to a disciplinary sanction. Introductory workshops have been conducted with staff and inmates in order to raise awareness about the Restorative Justice principles and these particular schemes. These programmes are being run by external agencies that have won a public tender. The mediators facilitating these processes are professionally trained and hired by the external agency. These Restorative Justice schemes for conflicts among inmates are considered to be at an initial stage as have not been thoroughly evaluated yet. The Secretariat of Criminal Sanctions, Rehabilitation and Victim Support aims at widening the use of restorative justice practices to address conflicts among inmates and between inmates and staff. It would become an integral part of the Participation and Coexistence Model that is applied in al prisons in Catalonia.
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2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?The reconciliation processes in Latvia, incl. in prisons, are implemented by the State Probation Service or persons trained and certified by the State Probation Service.
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?The feedback is mostly positive. The Latvian Prison Administration is certain that participation in the programs is connected with reducing recidivism.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Yes, the application of disciplinary sanctions is also implemented using the principles of restorative justice. The staff is informed and encourage prisoners to be aware of the consequences of the offense and think about how to turn them to good. The staff encourage prisoners to understand their own emotions, as well as the emotions of others, promote their understanding of their behavior and its influence on others. The staff is knowledgeable in methods and principles of reconciliation.
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An example of restorative justice in practice: Experiencing Restorative Community in the city of Tempio Pausania- Sycamore tree. The project conducted at Tempio Pausania was born from a social conflict. In 2011, a new prison opened in Nuchis which, in February 2012, became a maximum security prison: “Paolo Pittalis” prison. This event caused a divide in the community. The prison was, in fact, intended to house convicts for very serious crimes such as mafia-type association. The prisoners came mainly from three regions, strongly characterized by mafia infiltrations: Campania, Calabria, Sicily. Their sentences included life imprisonment without parole. The Tempio Pausania community feared infiltration by criminal "families"; on the other side, the inmates suffered from the distance from their loved ones. The University, the prison, the city council, the local NGOs then began to work together to build a new relationship between prison and community. But not only. In fact, the project launched in Nuchis constituted an opportunity to make the entire community aware of the issues of social peace, solidarity, inclusion and social cohesion as well-being tools for all parties involved. For the first two years, the project was supported with the funding of Sardinia Region (Information System and governance of intervention policies and contrasting criminal phenomena in Sardinia - Operational Unit "Study and analysis of restorative practices for the creation of a restorative model city"). In the following years and still today it has been carried out on a voluntary basis by the restorative justice practices team of the Department of Humanities and Social Sciences of the University of Sassari. It aims to contribute to the creation of a community based on inclusion and social cohesion, as recommended by the Europe 2020 strategy. The team's broader purpose was to experience the building of a social community with a restorative approach on the model of restorative Anglo-Saxon cities of Hull and Leeds, obviously reviewed and reorganized according to the cultural, social and economic context, to which the project itself is addressed. This purpose was shared with the Directorate of the Nuchis Prison House, the Supervisory Judiciary and the Municipal Administration, starting a path with the involvement of institutions and citizens. The main intervention tool is represented by restorative meetings: a series of meetings in which the various representatives of the system come together (arranged in a circle, so as to be able to interact even looking at each other) to identify resources and channels for the development of a sense of community and building peaceful approaches to conflict resolution. The goal is to encourage all the people present to reflect on the meaning and potential of a community with a relational approach. The meetings were open to the whole community (judges, volunteers, treatment officers, third sector, administrators, law enforcement agencies, teachers and students), allowing participants to rethink the links between the territory and the prison in terms of social welfare. Tempio is the first city in Italy that has decided to promote and experience restorative practices capable of involving the whole community: prison, school, family, police forces, courts, municipalities, associations, on the model of English restorative cities. In its broader vision, restorative justice, restorative approaches and practices, in fact, do not only concern criminal conducts, but the various conflicts that can arise in the community. A primacy that has brought the name of the city around the world, from the United States to Canada, from Ireland to Germany. Not only. The municipalities that are part of the project PLUS of Tempio approved the creation of a counselling service called Counselling service for victims of crime involving a restorative service psychological counselling. It is a service which is intended as a community tool to address the situations of social vulnerability which are frequently generated by discomfort for the parties directly involved and the whole community. It is intended for the victims of any action, to those who have suffered damage, which does not necessarily fall within the scope of the offence. The intervention is managed by the psychotherapists of the restorative justice practices team of the Department of Humanities and Social Sciences of the University of Sassari. The involvement of schools is envisaged, as recipients of interest and participation. Building Bridges project is a collaboration between Prison Fellowship organizations (association of national Christian ministries working in the field of criminal justice) in seven European countries (Czech Republic, Germany, Hungary, Italy, the Netherlands, Portugal and Spain) and two research institutions (the University of Hull, UK and Makam Research, Austria). The program developed by the project involves an effort to develop and adapt the Sycamore Tree Project, for use throughout Europe. Building Bridges uses the basic ideas of Sycamore Tree Project, but also makes some significant adjustments. In particular: the Building Bridges program includes scientific research. From the outset, the practical development of Building Bridges has been informed and shaped by the most advanced knowledge of restorative justice and the experience of victimization and a distinctive assessment aimed at identifying the factors that assist and could hinder the successful implementation of the Building Program Bridges. A particular concern behind the development of Building Bridges has been to make the program beneficial to both participating victims and offenders. Therefore, the program is based on the knowledge of how to involve victims in such interventions and what the needs of crime victims are and how these are best met. Building Bridges is designed to run in a variety of settings, both inside and outside prisons. In order to ensure that the program is executed effectively and in line with the standards designed to ensure the safety and well-being of all who participate, it is essential that those involved in the organization and implementation of Building Bridges receive adequate training. The experiences of Sycamore and Building Bridges have been carried out in many Italian prisons.
2. Do restorative programs include the meetings of prisoners and victims (representatives of victims)? If yes, who holds these programs and who moderates the meetings (prison service, NGO, etc.)?Restorative justice "refers to any process that allows persons who suffer harm as a result of a crime and those responsible for such harm, with their consent, to actively participate in the resolution of conflicts arising from the offence, through the help of a trained and impartial third party (facilitator)" . Restorative justice, therefore, pays attention not only to the perpetrator of the crime and his history but also to the relational, social and community aspects connected with the crime: the goal is to try to resolve the divide that the commission of the crime has caused between the victim, the perpetrator and the social context with their consent. The attention to the victims and to the restorative request is already provided for in Article 47 of Prison Law 354/1975 ("in the minutes it shall also be established that the person in charge shall do everything possible in favor of the victim of the crime and punctually fulfills the obligations of family assistance"). art. 27 paragraph 1 of Presidential Decree 230/2000 introduces the “possible actions to repair the consequences of the crime, including the compensation due to the injured person”. What offers more space to restorative justice is, without doubt, the suspension of the trial with probation, introduced, for adults, by law 167/2014 (delegation to the Government in the matter of non-custodial prison sentences and reform of the sanctioning system) which, for cases falling under art. 168 bis of the Criminal Code has provided for "conducts aimed at promoting, where possible, mediation with the offended person" within the treatment program. "Restorative justice" can be considered both a form of reparation linked to conviction (community works in lieu of a prison sentence), and as an additional measure of a restorative nature in the event of probationary assignment to social services. In some way, it has been provided for by the Italian legislator as an innovative opportunity to get out of the crisis of criminal law and prison institution (saturation and slowness of the judicial machine, overcrowding of prison facilities, negative effects of prison sentences, etc.).
3. What feedback did you receive from the participants of restorative programs? Does the participation of prisoners in restorative programs reduce re-offending?Restorative justice programs, where the "natural person" victim is involved, shall be carried out with the utmost respect and in the interest of the same and, considering the circumstances of the case. The programs are carried out with respect for the dignity of the parties and tend to pursue the following purposes: a) accountability of the offender; b) recognition of the victimization experience and reparation of the offence; c) involvement of the community in the reparation process, also in order to increase the sense of social security; d) reduction of recidivism.
4. Do you use the principles of restorative justice within disciplinary proceedings for breaching of obligations and prohibitions by inmates or within conflict situations between inmates? If yes, is the prison staff specially trained for these procedures?Restorative justice programs can be applied both to the management of conflicts within prisons and to the activation of restorative groups for offenders only. The programs for restorative justice can also be managed in agreement with third parties, and may make use of juvenile justice and community staff, suitably trained and specialized, taking into consideration the type of restorative program identified and the principles of restorative justice. Think, for example, of the mechanisms based on reparation aimed at the community, the support programs for victims and witnesses, the awareness programs aimed at offenders or other victims of crime.