Component 2: Probation service(s)

 

The legislation currently in force in BiH does not provide for the establishment of probation service(s). This critically compromises the prospects for the successful introduction of a coherent framework of community sanctions. Some preliminary, information dissemination work, was done within the framework of the EU/CoE JP "Efficient Prison Management in BiH". The resulting recommendations specified the additional efforts needed to develop and implement comprehensive strategies for establishing BH probation service(s) taking into account local circumstances.

Given the reality of BiH legal and geopolitical arrangements there is a need for a serious preliminary policy consideration of the organisational form of a probation service.  A national agency (within the Ministries of Interior or Justice) is a possible structure but there are also rather persuasive arguments for lodging responsibility for provision of supervision of offenders with local government. For example, criminal justice social work services can be managed within the social work departments of local authorities. Both options can be found in other European jurisdictions, including many other modalities.

The Recommendation (2010) 1 of the Committee of Ministers to member states on the Council of Europe Probation Rules recognizes any body designated by law to implement activities and interventions which involve supervision, guidance and assistance to promote social inclusion of an offender, as well as contributing to community safety. To that extent, and in particular in light of the complexity of the BiH deciding authorities (judicial, administrative or other authority empowered by law to impose or revoke a community sanction or measure or to modify its conditions and obligations), this project aims to develop an options assessment paper with considerations on the possible structure, status and resources necessary to perform activities of sustainable and viable probation agency(ies). An integral part of the suggested document could be an indication of the savings expected to be made per offender with introduction of a probation scheme.  

A well thought through model of probation service(s) as lobbied for in the JP recommendations emphasizes how arrangements are strengthened when there is a good professional relationship and mutual understanding of joint purpose between very different government departments, such as Ministries of Social Welfare and Justice. Some consideration in the options assessment paper would also be given to the co-operation with other agencies of the justice system and public authorities, with support agencies and with the wider civil society in order to implement the tasks and duties effectively. The consensus of BiH policy makers to harmonise laws on matters of common interest to all CoE member states presupposes the already existing willingness to aim at a coordinated and complementary inter-agency and inter-disciplinary work in this area.

In consultations proposed to be carried out within the framework of this project, due consideration should be given to the relevant provisions that can be found in the applicable enforcement laws and by-laws and conditions to be met. These consultations would inform and lead to the later process of designing of a strategy for introduction of probation service(s), pending the necessary commitment on behalf of local authorities. In this regard, it is important to organise joint panel discussions and round tables for all the parties involved in the application and implementation of community sanctions and measures.

To improve cooperation and facilitate partnership in the development of probation service(s), there should be, at least in the long run, a national strategy that sets long term objectives for the sector with an effective and strong implementation / monitoring mechanism, taking into account complexity and operational reality at local, regional and national levels. This project intends to prepare grounds for a phased introduction of probation service(s) and its acceptance as a useful and credible link in the criminal justice chain.