EDUCATIONAL REHABILITATION FACULTY, 2009

JURE ŽULJ, univ.spec crim.

Your lecturer is Mr. Jure Žulj

graduate criminalist and University specialist crime – univ.spec.crim.• Superintendent in in juvenile correctional facility in Turopolje• In his career has been on all the places related to the security of the prison and jail, as well as leadership positions• Began as a department supervisor of security,• Was deputy chief of security in prison in Zagreb• Was head of security in prison in Zagreb – maximum security prison • Head of security in the prison system,• Assistant superintendent in the institution for minors,• superintendent for facilities for minors,• superintendent in maximum security prison in Glina,• Assistant to the security of the entire system,• He performed the tasks of Director Administration• Counselors Training• 26 years of experience, (5 years spent in the basic police)• Today he is superintendent in medium security prison in Turopolje

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GENARAL PURPOSE OF SANCTIONS

UNDER CRIMINAL LAW – THAT ALL CITIZENS RESPECT THE LEGAL SYSTEM AND THAT NO ONE COMMITS A CRIMINAL OFFENSE

THAT THE PERPETRATORS OF CRIMES IN THE FUTURE SO BEHAVE

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CRIMINAL / LEGAL SANCTIONS fine, prison (replaced: supletory, work for the

common good action alerts – legal warning, suspended sentence,

suspended sentence with the protective supervsionsecurity measures – mandatory psychological

treatment, treatment of addicts, prohibition to conduct vocations, prohibition of operating a motor vehicile, appropriation items, expulsion of foreigners

educational /correctional measures are regulated by law on the courts for young people (up to 21yo)

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ALTERNATIVE SENTENCES WORK FOR THE COMMON GOOD –

substitutes imprisonment up to 6 monthsCONDITIONAL SENTENCE WITH

PROTECTIVE SUPERVISION (parole)IMPLEMENTATION OF NATIONAL

PROBATION SERVICE TO 2010.

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SENTENCE 4 FUNCTIONS:1.Intimidation (specific, general )2.Disabling (closedown )3.Retribution (punishment according to desert )4.Rehabilitation (changing the perpetrators,

behavior modifying) PREVENTION1.General2.Special

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PURPOSE OF PRISON Human treatment and respect, for the dignity of

people at the prison sentence, training for life at large according to the law and social policy

During the time served in prison, prisoner’se fundamental rights are fully protected by the Constitution, international treaties and Law Execution of Sentences of Imprisonment (LESI /ZIKZ)

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WHO IS LOCATED IN THE PENAL INSTITUTIONS PRISONERSDETAINEESTO KEEP A PERSON/LOCK-UPS ( 24 -48

HOURS, JUDGE )MISDEMEANOR PENALTY YOUNG OFFENDERS (SPECIAL

CORRECTIONAL FACILLITY)

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SOME INTERNAL LEGAL SOURCES CONSTITUTION CRIMINAL LAW LAW ON CRIMINAL PROCEDURE LAW ON THE EXECUTION OF SENTENCES OF

IMPRISONMENT LAW ON THE YOUTH COURTS LAW ON OFFENSES LAW ON PROTECTION OF PERSON WITH MENTAL

DISORDERS FAMILY LAW LAW ENFORCEMENT BY LAWS

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SOME INTERNATIONAL REGULATIONS European Convention for the Protection of

Human Rights and Fundamental Freedoms, Standard minimum rules, European minimum rules for the treatment of

prisoners, European Convention of the Prevention of

Torture, Inhuman or degrading Treatment or Punishment,

Numerous recommendations ( about the work, detention, education, crowding etc.)

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PRISON SYSTEM

Organization

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ADMINISTRATION OF PRISON SYSTEM DIRECTOR

Central office

OFFICE ADMINISTRATIVE

JOBS

SECURITY SERVICE

PROGRAMMING AND MONITORING THE PERFORMANCE OF PRISON SERVICE

TRATMENT SERVICES

DEPARMENT- OF

LEGAL, ORGANIZATI-ONAL AND PERSONNEL AFFAIRS

DEPARMENT FOR

EMPLOYMENT PRISONERS

DEPARMENT

TREATMENT OF

PRISONERS AND

JUVENILES

DEPARMENT

EXECUTION OF

PROTECTIVE

SUPERVISION AND

WORK FOR COMMON

GOOD

DEPARMENT SECURITY

PRISON AND JAIL

DATA PROCESSI

NG DEPARME

NT SPECIAL

TREATMENT AND

TEHNICAL

PROTECTION

DEPARMENT OF

DIAGNOSTIC AND

PROGRAMING

DEPARMENT FOR

EVALUATION AND

IMPROVEMENT

EXECUTION

PENALTIES

EDUCATIONAL INSTITUTE(POŽEGA,

TUROPOLJE) JAILGLINA, LEPOGLAVA,

LIPOVICA-POPOVAČA,POŽEGA, TUROPOLJE,

VALTURA, ZATVORSKA BOLNICA

PRISONBJELOVAR, DUBROVNIK, GOSPIĆ,

KARLOVAC, OSIJEK, POŽEGA, PULA, RIJEKA, SISAK, SPLIT, ŠIBENIK,

VARAŽDIN,ZADAR, ZAGREB

CENTER FOR EDUCATION

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JAILMEASURES OF DETENTION (JUDGE), AFTER THE SENTENCE IS PRONOUNCED

IN CRIMINAL PROCEEDINGS (UP TO 6 MONTHS)

SENTENCE PRONOUNCED IN A MISDEMEANOR OR OTHER LEGAL PROCEEDINGS AND SENTENCE WHICH WAS REPLACED BY FINE

14 PRISONSMAXIMUM SECURITY (WITH MEDIUM AND

MINIMUM SECURITY DEPARTMENTS, 13

PRISONSENTENCE PRONOUNCED IN CRIMINAL

PROCEEDINGS OF MORE THAN 6 MONTHS7 PRISONS3 MAXIMUM SECURITY PRISONS ( IN

LEPOGLAVA, PRISON IN GLINA, PRISON HOSPITAL IN ZAGREB ),

3 MEDIUM SECURITY PRISONS (LIPOVICA-POPOVAČA, POŽEGA, AND TUROPOLJE),

1 MINIMUM SECURITY PRISON (VALTURA )

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CORRECTIONAL FACILITIESEDUCATIONAL/CORRECTIONAL

MEASURES 2 INSTITUTIONS - TUROPOLJE - POŽEGA

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COMPARISON BY SECURITY LEVELS

MEDIUM AND MINIMUM SECURITY PRISONSno strong physical barriers (concrete wall )no video surveillanceno official dogsless number of security officersgreater freedom of movement for prisonersgreater benefits for prisonersspecific measures of order, security; increased

surveillance, separation and bonding can be applied

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MAXIMUM SECURITY PRISONS strong physical barrier (concrete wall )barbed wire on top of the wallconstant external security in form of security

officers carrying weapons (guns, rifles )video surveillanceofficial dogsgreater number of security officersless freedom of movement for prisoners

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ENFORCEMENT OF PRISON SENTENCE

PROCEDURE

RECEPTION OF PRISONERSJUDGE SENDS THE CONVICT TO PRISON

FOR LONGER THAN 6 MONTHSPUNISHMENT UP TO 6 MONTHS, SOME ELEMENTS OF THE RECEPTION;IDENTIFICATION CONFISCATION AND STORAGE OF THINGS,

MONEY…MEDICAL EXAMINATION,INTRODUCING THE RIGHTS TO THE

PRISONER,

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DEPARMENT OF DIAGNOSTICSAND PROGRAMMING Formed as a Center for Diagnostics in 1987.Purpose:

o classification of prisonerso Detection and diagnosis of high-risk factors

(static and dynamic)o Recommending procedures to meet the

demands and riskso Proposal of individual program during the

imprisonment

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ACCOMMODATION AND FOOD OVERCROWDING EFFECTS CAN BE SEEN

MOST IN THE COMFORT OF PRISONERSLEGAL STANDARD 4 sq.meters and 10 cubic

metersCONDITIONS THAT HAVE TO FE

FULLFILLED; spatial hygienic health clothing and footwear food

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PRISON POPULATION Distribution of prisoners regarding recidivism

Year total returnees %

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CRIMES AGAINST31. 12. 2006. 31.12.2007

NUMBER OF PRISONERS

% NUMBER OF PRISONERS

%

LIFE AND BODY 517 21,3 546 19,7PROPERTY 852 35,1 905 32,7VALUES PROTECTED BY INTERNATIONAL LAW

494 20,3 569 20,6

SEXUAL FREEDOM, MORALITY 198 8,2 234 8,5GENERAL SAFETY OF PEOPLE AND PROPERTY, TRAFFIC SAFETY

99 4,1 140 5,1

MARRIAGE, FAMILY, AND YOUTH 95 3,9 79 2,9AUTHENTICITY OF DOCUMENTS 27 1,1 42 1,5SECURITY OF PAYMENT TRANSACTIONS AND OPERATIONS

38 1,6 61 2,2

FREEDOM AND RUGHTS OF MAN AND CITIZEN

36 1,5 39 1,4

PUBLIC ORDER 20 0,8 24 0,9OFFICIAL DUTIES 42 1,7 30 1,1REPUBLIC CROATIA 1 0 2 0ARMED FORCES RH 0 0 0 0HUMAN HEALTH 0 0 0 0ENVIROMENT 1 0 0 0JUSTICE 0 0 2 0HONOR AND REPUTATION 1 0 0 0LAW ENFORCEMENT 9 0,4 4 0,2TOTAL 2430 100 2767 100

STRUCTURE PRISONERS BY CRIME 2006. AND 2007.

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LENGTH OF SENTENCES

31. 12. 2006. 31.12.2007.NUMBER OF PRISONERS

% NUMBER OF PRISONERS

%

UP TO 1 MONTH 13 0,5 6 0,21 TO 3 MONTH 31 1,3 21 0,83 TO 6 MONTH 110 4,5 113 4,16 MONTH TO 1 YEAR 275 11,3 345 12,51 TO 2 YEAR 487 20,0 495 17,92 TO 3 YEAR 269 11,1 366 13,23 TO 5 YEAR 433 17,8 535 19,35 TO 10 YEAR 444 18,3 465 16,810 TO 15 YEAR 228 9,4 257 9,3ACCURATE 15 YEAR 52 2,1 67 2,415 TO 20 YEAR 13 0,5 15 0,5ACCURATE 20 YEAR 34 1,4 33 1,220 TO 30 YEAR 25 1,0 28 130 TO 40 YEAR 16 0,7 21 0,8TOTAL 2430 100,0 2767 100

STRUCTURE OF PRISONERS BY THE LENGTH OF SENTENCES ON THE DAY 31.12.2006. AND 2007

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ORDER AND SAFETY Maintaining order and security is the main

role of security officersThe role of treatment in maintaining security

is applied indirectly, through the creation of treatment and supporting possitive climate, professional work and implementation of regulations,

Special measures of maintaining order and security,

Types of pressure

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SPECIAL MEASURES MAINTAINING OREDER AND SECURITY

Special measures and security are;1. Stronger surveillance,2. Temporary confiscation of things that usually are

allowed,3. Separation from other prisoners,4. Accomodation in special cells with no dangerous goods,5. Accomodation to the department of stronger

surveillance,6. handcuffing and shackles when needed, 7. Solitary

All special measures except solitary (judge), are ordered by the superintendent or the person which is authorized by him. Superintendent may order the implementation of special measures for accommodation in department for stronger surveilance.

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THE PRISON CONDUCTS THE FOLLOWING UNDER AUTHORIZATION BY THE PRISON

PHYSICIAN:

Accomodation in special room with no dangerous stuff,

Accomodation to the department of stronger surveillance,

Handcuffing and shackles when needed, Solitary

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APPLIED SECURITY MEASURES IN 2008 IN PRISON SYSTEM

stronger surveillance – 1996confiscation of normally allowed stuff – 261separation from other prisoners – 306Accommodation – special room with no

dangerous stuff– 279Accommodation at the department for

stronger surveilance – 55Handcuffing and shackles – 147Solitary - 3

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DISCIPLINARY MEASURES lower level of disciplinary measures (eg.

When prisoner rejects direct orders, spends time in forbidden area, possesses forbbiden stuff…)

higher level of disciplinary transgressions (eg. In case of physical attack, substance abuse, destruction of peoples’ property, escape or attempted escape, refuses to drug testing or testing for infectious diseases…)

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TYPES OF PRESSURE APLLIED TO INMATES 1. procedures for arrest and the techniques

of defense 2. stick (batons) 3. water hose 4. chemicals (mace) 5. firearms

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PROCEDURES FOR ARREST AND DEFENCE TECHNIQUESSpecific manuevars are applied during arrest to

overcome passive resistance

Specific manuevars in case of attack

Along with the specific manuevars officers can use mace in order to control active or passive resistance

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APPLICATION OF BATONS To overcame active resistanceThey can use both batons and aerosolsOther types of batons (other than rubber)

have to be approved by the superintendent – when it comes to serious violations of order

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APPLICATION OF WATER JETS AND CHEMICAL

when it comes to serious violations of order involved more prisoners in the same place

when prisoner are closing themselves in a room (barricade) – chemical application allowed )

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APPLICATION OF FIRE ARMS during the attack, which threatens the life of

prisoners, civil servants and employees or others in prison

to avoid escape from prison or jail to avoid prisoners’ escape during transfer to

the prison

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EMPOYEES( ON THE

DAY 31.12.200

7.)

TOTAL NUMBER OF EMPLOYEES ON THE DAY 31.12.2005.(34.+35.+36.+37.+38.)

2546

NUMBER OF MANAGEMENT STAFF ( MANAGER, ASSISTANS MANAGER, MAYOR )

96

NUMBER OF JUDICIAL POLICE ( does not include those from row 34.)

1517

NUMBER OF TREATMENT STAFF (does not include those from row 34.)

269

NUMBER OF PROFESSIONAL TEACHERS (does not include those from row 34.)

315

NUMBER OF ADMINISTRATIVE STAFF (does not include those from row 34.)

349

NUMBER AND TYPE OF ENTITY WITH WHICH THE PRISON ON THE DAY 31.12.2004. HAS A CONTRACT ( eg. doctor, lecturer…

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DATA ABOUT EMPLOYEES FROM REPORTING 2007.

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JOB REQUIERMENTS FORSECURITY OFFICERS

Person who’s applying for the job must meet the following conditions;

To be free of the obligation of military serviceMaximum age is 30 and high school diploma

is requiredmust have certain physical characteristic and

mental healthMust be a citizen of CroatiaNot involved in criminal proceedings against

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PROFESSIONAL RANKS

SECONDARY EDUCATION

HIGHER QUALIFICATION

HIGH QUALIFICATION

JUNIOR JUDICIAL POLICE OFFICER

SUPERVISOR JUDICIAL POLICE

INDEPENDENT JUDICIAL POLICE OFFICER

JUDICIAL POLICE OFFICER

SENIOR SUPERVISIOR OF JUDICIAL POLICE

CHIEF SUPERVISIOR OF JUDICIAL POLICE

SENIOR JUDICIAL OFFICER

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OFFICIAL ID AND AUTHORIZATIONSGiven the authorized * Type A – director ofofficials, there are administration and othertypes of ID cards personnel in central

office“A”, “B”, “C”, “D” * Type “B” – jail and prison department security *Type “C”- treatment and training center

(personnel) department *Type “D” - person who is

part of Criminal Justice System

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COOPERATION WITH OTHER GOVERMENT BODIES AND ORGANIZATIONSDuring the individual program of enforcing

prison setence, prisons cooperate with:CourtsJudge DAUSKOK (special DA office; corruption, organized

crime)PoliceCenter for Social WelfareMedical facilitiesNGOs (non-goverment/non-profit organisations)

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CAPACITYcapacity of the prison system in 31.12.2007.

amounted to 3116 bedsovercrowding is particularly visible in the

maximum security prisons – reaches up to 150%

Prison population is growing in the whole world, now is already about 9,25 million imprisoned

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CROWDING

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CONSEQUENCES OF OVERCROWDINGLarge number of prisoners causes problems

in terms of classification and categorization,Big issue is to enable the prisoners to work,Deterioration of living conditions,Difficulties in the regulation of quality of life

and types of social interactions,Loss of privacy to a large extent Increased number of complaints from

prisoners resulting in private law suits…

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ATTEMPTS TO SOLVE THE PROBLEM OF OVERCROWDING

Building new prisonsUse of alternative sanctions (reduction of

short sentences and detention ) recommended by the European Council R (99 ) 22

Enabling rehabilitation through probationPrimary prevention and targeted action on

the high-risk groups

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