The translation of this document is outdated.
Translation validity: 08.11.2022.–26.03.2024.
Amendments not included:
29.02.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
17 March 2005 [shall come
into force on 7 April 2005];
26 October 2006 [shall come into force on 23 November
2006];
14 November 2008 [shall come into force on 8 December
2008];
4 December 2008 [shall come into force on 1 July
2009];
15 June 2009 [shall come into force on 14 July
2009];
16 June 2009 [shall come into force on 1 July
2009];
28 October 2010 [shall come into force on 1 December
2010];
21 July 2011 [shall come into force on 1 October
2011];
15 November 2012 [shall come into force on 14 December
2012];
2 October 2014 [shall come into force on 1 February
2015];
17 December 2014 [shall come into force on 1 January
2015];
15 January 2015 [shall come into force on 1 February
2015];
28 May 2015 [shall come into force on 2 July 2015];
30 November 2015 [shall come into force on 1 January
2016];
14 September 2017 [shall come into force on 13 October
2017];
22 November 2017 [shall come into force on 13 December
2017];
13 October 2022 [shall come into force on 8 November
2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
State Probation
Service Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in the Law:
1) mediation - a voluntary and structured conversation
organised and chaired by a mediator in which the victim and the
probation client participate;
2) mediation - a written agreement entered into after
mediation in which the mediation conditions and consequences have
been laid down;
3) probation - a system for the execution of community
service and probationary observation, and also for the
supervision of probation clients and social behaviour
correctional measures that has been established in order to
prevent the committing of a repeated criminal offence;
4) probation client - a person who has committed a
criminal offence and has agreed in writing to participate in the
mediation with a victim; a person on whom a court, prosecutor, or
prison administration has requested an evaluation report; a
person against whom criminal proceedings have been terminated by
conditionally releasing him or her from criminal liability; a
conditionally sentenced person; a conditionally released person;
a person on whom the criminal punishment - probationary
supervision - has been imposed; a person on whom the criminal
punishment or compulsory measure of correctional nature -
community service - has been imposed; a person on whom a
compulsory measure of correctional nature - probationary
observation - has been imposed;
5) probation programme - a social behaviour
correctional measure;
6) risk and needs assessment - a structured method used
in order to detect the reasons for committing a criminal offence,
the risks of committing a repeated criminal offence, and the
factors which preclude a probation client from committing a
repeated criminal offence;
61) assessment of support needs and resources
- a structured method used to assess support needs and
resources of a probation client who is a minor and young person
that can be used to promote the development of the probation
client;
7) correction of social behaviour - promoting,
creation, and development of socially supported and lawful
behaviour;
8) mediator - an official of the State Probation
Service who organises and manages the mediation, or a volunteer
who is trained and certified for organising and managing
mediation.
[14 September 2017; 13 October 2022 / The new
wording of Clauses 3 and 4 shall come into force on 1 January
2023. See Paragraph 19 of Transitional Provisions]
Section 2. Scope of Application of
this Law
(1) The Law prescribes the principles of probation, the
competence and functions of the State Probation Service, the
legal status, rights and obligations of the staff of the State
Probation Service, and also the rights and obligations of a
client of the State Probation Service.
(2) The norms of the Voluntary Work Law shall be applied to
the legal relationships of the State Probation Service and a
volunteer, insofar as it is not laid down in this Law.
[14 September 2017]
Section 3. Principles of
Probation
The work of the State Probation Service shall be organised on
the basis of the following principles:
1) the principle of cooperation - the basis of probation work
is the organisation and promotion of cooperation between
authorities for the purpose of involving and using the resources
of the State, local governments, and public organisations for the
implementation of probation in an optimal manner conforming to a
common policy;
2) the principle of optimisation - probation work is organised
in such a way that it rationally uses the functions of probation,
delegating them to the relevant local governments and public
organisations and reserving the right to determine the criteria
for the performance of these functions and to control the
performance of these functions;
3) the principle of social integration - upon performing the
supervision of a probation client and the correction of his or
her social behaviour, the integration of such client into society
is ensured.
Section 3.1 Attestation
of Submission, Receipt, and Approval of Documents
Documents created by the staff of the State Probation Service,
natural and legal persons, and also probation clients shall be
considered signed if they are drawn up in one of the following
ways:
1) signed in printed form in person;
2) signed using a secure electronic signature;
3) by signing on the sensor of the hardware for obtaining the
signature image at the disposal of the State Probation
Service;
4) signed using an electronic signature within the meaning of
Article 3(10) of Regulation (EU) No 910/2014 of the European
Parliament and of the Council of 23 July 2014 on electronic
identification and trust services for electronic transactions in
the internal market and repealing Directive 1999/93/EC
(hereinafter - Regulation No 910/2014) attested additionally by a
qualified electronic seal created by the principal activity
information system within the meaning of Article 3(27) of
Regulation No 910/2014 and a time stamp within the meaning of
Article 3(33) of Regulation No 910/2014.
[13 October 2022 / The requirement laid down in the
Section for the attestation of the electronic signature by a
qualified electronic seal within the meaning of Article 3(27) of
Regulation No 910/2014 and a time stamp within the meaning of
Article 3(33) of Regulation No 910/2014 shall apply from 1
January 2023. See Paragraph 16 of Transitional
Provisions]
Section 3.2 Conversion
and Attestation of Documents in Printed Form
(1) The documents obtained or prepared in printed form for the
purpose of the fulfilment of the functions of the State Probation
Service shall be converted into an electronic form and attested
with an electronic signature within the meaning of Article 3(10)
of Regulation No 910/2014 which has been attested additionally by
a qualified electronic seal created by the principal activity
information system within the meaning of Article 3(27) of
Regulation No 910/2014 and a time stamp within the meaning of
Article 3(33) of Regulation No 910/2014 in conformity with the
following provisions:
1) the depiction and conformity of the content of the original
document during the period of storage specified for it have been
ensured;
2) the reading of the content of the document electronically
and, if necessary, the creation of a derivative in paper form
have been ensured;
3) the converted document is protected against additions,
changes, unauthorised access, and destruction;
4) the converted and attested document shall be stored in the
State Probation Service Information System.
(2) The document converted into an electronic form in
accordance with the procedures laid down in Paragraph one of this
Section shall have the same legal effect as the original
document.
(3) The original document shall be stored and destructed in
accordance with the procedures laid down by the head of the State
Probation Service.
[13 October 2022 / The requirement laid down in the
Section for the attestation of the electronic signature by a
qualified electronic seal within the meaning of Article 3(27) of
Regulation No 910/2014 and a time stamp within the meaning of
Article 3(33) of Regulation No 910/2014 shall apply from 1
January 2023. See Paragraph 16 of Transitional
Provisions]
Chapter
II
Organisation and Staff of the State Probation Service
Section 4. State Probation
Service
(1) The State Probation Service is an institution of direct
administration under supervision of the Minister for Justice
which implements State policy in the field of public security
within the framework of the functions referred to in this
Law.
(2) The State Probation Service shall be financed from the
State budget.
(3) The territorial units of the State Probation Service and
the territory of operation thereof shall be determined by the
head of the State Probation Service.
[14 September 2017]
Section 5. Staff of the State
Probation Service
The staff of the State Probation Service shall be civil
servants and employees. The head of the State Probation Service
shall determine the positions of civil servants after
coordination with the State Chancellery.
[14 November 2008]
Section 6. Functions of the State
Probation Service
The functions of the State Probation Service shall be as
follows:
1) to provide an evaluation report on a probation client;
2) to ensure the development of probation programmes and the
implementation of licensed programmes;
3) to organise the execution of the criminal punishment -
community service;
4) to organise the execution of a compulsory measure of
correctional nature - community service;
5) during a term of probation to supervise persons against
whom criminal proceedings have been terminated by conditionally
releasing them from criminal liability;
6) to organise and manage mediation in the criminal
proceedings and cases concerning application of a compulsory
measure of correctional nature to children;
7) to supervise persons conditionally sentenced or
conditionally released before term from prisons;
8) [16 June 2009];
9) to supervise the persons on whom the criminal punishment -
probationary supervision - has been imposed;
10) to ensure the execution of the compulsory measure of
correctional nature - probationary observation.
[26 October 2006; 16 June 2009; 21 July 2011; 14 September
2017; 13 October 2022 / Clause 10 shall come into force on
1 January 2023 See Paragraph 19 of Transitional
Provisions]
Chapter
III
Obligations and Rights of a Probation Client
Section 7. Obligations of a
Probation Client
A probation client has the following obligations:
1) to fulfil the obligations provided for in the prosecutor's
decision and the law governing the execution of criminal
punishments or compulsory measures of correctional nature and the
obligations stipulated by the State Probation Service;
2) to fulfil the lawful requests of officials of the State
Probation Service;
3) to provide truthful information to officials of the State
Probation Service;
4) to use the assistance provided in conformity with the
intended purposes;
5) to participate in probation programmes in conformity with
the instructions of an official of the State Probation
Service.
[26 October 2006; 28 October 2010; 2 October 2014; 13
October 2022]
Section 8. Rights of a Probation
Client
A probation client has the right:
1) to request and receive information on the procedures for
the execution of a court ruling, a prosecutor's decision, or a
prosecutor's penal order, and also on the procedures provided for
in the law governing the execution of criminal punishments or
compulsory measures of correctional nature and the performance of
the obligations stipulated by the State Probation Service;
2) to request and receive information on possible
assistance;
3) to request and receive explanation about his or her
rights;
4) to participate in social behaviour correctional measures
offered by the State Probation Service;
5) to participate in probation programmes.
[26 October 2006; 2 October 2014; 14 September 2017; 13
October 2022]
Section 8.1 Rights of
Persons Conditionally Released from Criminal Liability
(1) If the obligation not to change the place of residence
without the consent of the State Probation Service has been
imposed on a probation client who has been conditionally released
from criminal liability, this client has the right, by due
justification, to ask permission from the State Probation Service
to change the place of residence.
(2) The State Probation Service shall take the decision not to
permit a probation client to change his or her place of residence
if the change of the place of residence of the relevant
client:
1) may threaten public safety;
2) may facilitate committing another criminal offence;
3) may make the performance of the obligations imposed by a
prosecutor impossible.
(3) A probation client may contest the decision referred to in
Paragraph two of this Section by submitting a relevant submission
to the head of the State Probation Service. The decision of the
head of the State Probation Service may not be appealed. The
contesting of the decision of the State Probation Service shall
not suspend the operation thereof.
[14 September 2017]
Chapter
IV
Tasks of the State Probation Service
[26 October 2006]
Section 9. Licensing of Probation
Programmes
(1) Probation programmes shall be licensed by the licensing
committee established by the Ministry of Justice.
(2) Probation programmes shall be licensed and implemented in
accordance with the procedures stipulated by the Cabinet.
(3) The contesting or appeal of the decision of the licensing
committee to cancel a licence shall not suspend the operation
thereof.
[28 October 2010]
Section 10. Implementation of
Probation Programmes
(1) The State Probation Service shall ensure that probation
programmes are implemented in conformity with the risk and needs
assessment or assessment of support needs and resources of a
probation client.
(2) The State Probation Service shall, in cooperation with
prisons, implement a probation programme for the persons who have
been convicted for criminal offence against morality and sexual
inviolability and are serving a sentence in prisons, and also a
social behaviour correction programme for young convicted persons
who are serving a punishment in prisons.
[2 October 2014; 13 October 2022]
Section 10.1 Procedures
for Co-financing Social Rehabilitation Services Intended for
Probation Clients
(1) The State Probation Service shall, in conformity with the
appropriation granted in the law on the State budget for the
current year, co-finance the social rehabilitation services
intended for probation clients within the scope of supervision.
The social rehabilitation services are co-financed for a
probation client for not more than 12 months.
(2) The Cabinet shall determine the procedures by which the
State Probation Service shall co-finance the social
rehabilitation services intended for probation clients within the
scope of supervision, and the amount of co-financing.
[28 May 2015 / Section shall come into force from 1
February 2018. See Paragraph 13 of Transitional
Provisions]
Section 11. Supervision of
Persons
(1) The State Probation Service shall supervise:
1) conditionally sentenced persons;
2) conditionally released persons;
3) persons against whom criminal proceedings have been
terminated by conditionally releasing them from criminal
liability;
4) persons on whom the criminal punishment - probationary
supervision - has been imposed.
(2) The Cabinet shall determine the procedures by which the
persons referred to in Paragraph one of this Section shall be
supervised by the State Probation Service.
(3) The State Probation Service shall ensure supervision of
the persons referred to in Paragraph one of this Section in
conformity with the risk and needs assessment or assessment of
support needs and resources of a probation client. The State
Probation Service shall send a probation client who is under
supervision to a social service provider for the receipt of a
social rehabilitation service if it is necessary for the
integration of the probation client into the society and for the
qualitative provision of his or her supervision.
[2 October 2014; 28 May 2015 13 October 2022]
Section 11.1 Execution of
the Additional Punishment - Probation Supervision
[2 October 2014]
Section 11.2 Execution of
the Compulsory Measure of Correctional Nature - Probationary
Observation
During probationary observation the State Probation Service
shall supervise the behaviour of a probation client, involve the
probation client in social behaviour correctional and social
rehabilitation measures appropriate to his or her age,
psychological characteristics, and level of development, and also
organise inter-institutional cooperation meetings in order to
coordinate for the probation client the measures to be ensured
within the competence of the State Probation Service and other
authorities and to reduce the risk of the probation client
committing a new violation of law.
[13 October 2022 / Section shall come into force
from 1 January 2023. See Paragraph 19 of Transitional
Provisions]
Section 12. Execution of the
Criminal Punishment - Community Service
The State Probation Service shall organise the execution of
the criminal punishment - community service - in accordance with
the procedures stipulated by the Cabinet.
[13 October 2022]
Section 13. Mediation
(1) The State Probation Service shall ensure the possibility
for a victim and a person who has committed a criminal offence to
voluntarily involve in the mediation in order to minimise the
damage caused by the criminal offence.
(2) In order to ensure organising and management of the
mediation, the State Probation Service:
1) shall train volunteers;
2) shall inform the person directing the proceedings of the
objectives of the mediation and the possibilities for the
organisation and management thereof;
3) shall provide information to the public on the objectives
of the mediation and the possibilities for the organising and
management thereof;
4) may involve representatives of the State, local government,
and public organisations for the achievement of the objective of
the mediation.
(3) The Cabinet shall determine the procedures by which the
State Probation Service shall organise and manage the mediation,
the content of the mediation request, proposal, or application,
and also the rights and obligations of a probation client and a
victim in the mediation.
(4) Compensation of the losses caused to a victim as a result
of a criminal offence by the work of a probation client for the
benefit of the victim shall not establish employment
relationships within the meaning of the Labour Law.
[14 September 2017]
Section 14. Provision of
Post-penitentiary Aid
[16 June 2009]
Section 15. Evaluation Report
(1) The State Probation Service shall, on the basis of a
request from a court or a prosecutor, provide an evaluation
report on a person convicted in the criminal proceedings.
(2) Upon request of the prison administration, the State
Probation Service shall provide an evaluation report on the
convicted person who has submitted a submission with a request
for his or her conditional release.
(3) The purpose of an evaluation report shall be:
1) to provide comprehensive, objective information on the
basis of which the issue on the punishment or compulsory measure
of correctional nature to be imposed on a probation client, and
also the possible obligations stipulated by the State Probation
Service within the framework of supervision or probationary
observation will be decided, taking into account the way of
thinking, behaviour, attitude of the probation client, and the
social circumstances promoting the committing of a criminal
offence;
11) to provide comprehensive, objective information
on the basis of which the issue on the conditional release of a
probation client and the possible obligations stipulated by the
State Probation Service within the framework of supervision will
be decided, taking into account the way of thinking, behaviour,
attitude of the probation client, and the social circumstances
promoting the committing of a criminal offence;
12) to characterise the suitability of the
circumstances under which a probation client is planning to live
after conditional release for the determination of electronic
monitoring if an evaluation report should be drawn up for a
convicted person who has asked to be conditionally released with
determination of electronic monitoring;
2) to provide information on renewal of the infringed rights
or lawful interests of a victim or its possibility.
(31) If the request referred to in Paragraph one of
this Section is received and a probation client refuses to
negotiate with the State Probation Service or negotiations with
the relevant client are not possible, the State Probation Service
shall send the information at the disposal of the State Probation
Service to the requester of the evaluation report if it was
possible to obtain such from other sources of information.
(4) The procedures for the drawing up of an evaluation report,
the amount of information to be included therein, and the
procedures for the provision thereof shall be determined by the
Cabinet.
(5) The risk and needs assessment or assessment of support
needs and resources of a probation client shall be used in the
course of drawing up an evaluation report.
[28 October 2010; 2 October 2014; 14 September 2017; 13
October 2022 / The new wording of Clause 1 of Paragraph
three shall come into force on 1 January 2023. See Paragraph 19
of Transitional Provisions]
Section 16. State Probation Service
Information System
(1) The State Probation Service Information System is a State
information system the controller of which is the State Probation
Service and in which the information on the following shall be
included for ensuring the performance of the functions of the
State Probation Service:
1) a probation client;
2) a convicted person who participates in a probation
programme while serving the sentence of deprivation of
liberty;
3) a victim;
4) a legal representative of a probation client or victim;
5) a legal person with whom an agreement has been entered into
on the employment of a probation client in community service and
the representative thereof;
6) another natural person or a representative of a legal
person who is providing information within the scope of the
performance of the functions referred to in Section 6 of this
Law;
7) a volunteer;
8) a person in respect of whom the State Probation Service has
received a request of the person directing the proceedings, a
proposal of the judge, or a written submission from the victim or
lawful representative thereof for organising and managing
mediation.
(2) The objective of the State Probation Service Information
System shall be to ensure the processing of information for
qualitative performance of the functions of the State Probation
Service, thus promoting public security and a possibility to
control the course of directing the cases of probation clients in
an operative manner, ensuring efficient inter-institutional
cooperation within the scope of the performance of the functions,
promoting more efficient exchange of information between the
State Probation Service and the volunteer, facilitating
scientific, analytical, and statistical studies, and also to
implement management of mediation in a timely and effective
manner.
(3) The Cabinet shall determine the legal basis for the
inclusion of information to be included in the State Probation
Service Information System, the content, amount, and procedures
for the processing thereof.
(4) The information entered into the State Probation Service
Information System is restricted access information.
(5) In ensuring performance of the specified functions, the
State Probation Service can communicate electronically with the
probation client, State and local government institutions,
natural and legal persons by using the State Probation Service
Information System.
[14 September 2017; 13 October 2022]
Section 16.1 Electronic
Monitoring Information System
(1) The Electronic Monitoring Information System shall be an
information system the administrator of which is the State
Probation Service and in which data on the location of such
probation client at certain place and time are processed who has
been conditionally released and for whom electronic monitoring
has been determined.
(2) Upon processing the information referred to in Paragraph
one of this Section, the purpose of the Electronic Monitoring
Information System shall be to ensure intensive and operative
control of the movement of such probation client who has been
conditionally released and for whom electronic monitoring has
been determined.
(3) The information processed in the Electronic Monitoring
Information System is restricted access information.
[14 September 2017]
Section 16.2 Use of the
Centralised Aggregate of Shared Information and Communication
Technology Solutions
(1) The information to be included in the State Probation
Service Information System may be processed by using an aggregate
of solutions which ensures the implementation of criminal
proceedings, administrative offence proceedings, administrative
proceedings, civil proceedings, proceedings for the application
of compulsory measures of correctional nature to children, and
proceedings for the enforcement of a ruling, and availability of
the data to be processed in the proceedings in the electronic
environment (hereinafter - the e-case).
(2) In ensuring the performance of the specified functions,
the State Probation Service may transmit and receive information
in its communication with the probation client, State and local
government institutions, natural and legal persons by using the
e-case sharing solutions.
(3) Natural and legal persons involved in the performance of
the functions of the State Probation Service and also probation
clients may submit and receive documents in the e-case
portal.
[13 October 2022]
Section 16.3 Availability
of a Document in the e-Case Portal
The day when a person is notified of the availability of a
document in the e-case portal shall be recognised as the day when
the document is available.
[13 October 2022]
Section 17. Cooperation with
Prisons
[2 October 2014]
Section 18. Cooperation with
Authorities, upon Providing Post-penitentiary Aid for Minors
[16 June 2009]
Section 18.1 Sending of
Information to the Orphan's and Custody Court
(1) The State Probation Service shall, within three working
days after the day of the registration of a probation client or
the day when the information on the change of the place of
residence of such client is received, send to the Orphan's and
Custody Court in the territory of operation of which the new
place of residence of the probation client is located the
information on the relevant client who has been punished for
intentional violent criminal offences or criminal offences
against sexual inviolability and morality, regardless of
extinguishing the criminal record or removal thereof.
(2) If the probation client referred to in Paragraph one of
this Section fails to appear at the State Probation Service for
registration at the time specified in the law on the execution of
criminal punishments, the State Probation Service shall
immediately send information to the Orphan's and Custody Court
according to the last declared place of residence of the
probation client or address of the place of residence indicated
by the court or prosecutor if it is different from the last
declared place of residence.
(3) The information referred to in Paragraphs one and two of
this Section shall include the given name, surname, personal
identity number of the probation client, Section of the Criminal
Law according to which he or she has been punished, the type and
amount of the punishment, the planned duration of supervision,
and also the address of the declared place of residence. If the
declared place of residence is other than the actual place of
residence, both the declared and actual address shall be
indicated.
(4) The State Probation Service shall immediately send
information on the probation client to the Orphan's and Custody
Court within the territory of operation of which the probation
client and the potentially exposed child reside or intend to
reside if the information obtained raises reasonable doubt as to
the potential threat to the health, life, and full development of
the child.
(5) The information referred to in Paragraph four of this
Section shall include the given name, surname, personal identity
number of the probation client, Section of the Criminal Law
according to which he or she has been accused or punished, the
type and amount of the punishment, or the planned duration of
supervision if the criminal punishment has been imposed on the
client or he or she has been conditionally released from criminal
liability, the measure of correctional nature applied,
information indicating a potential threat to a child, and the
address of the declared place of residence. If the declared place
of residence is other than the actual place of residence, both
the declared and actual address shall be indicated.
(6) [13 October 2022]
(7) The information referred to in this Section is restricted
access information.
[15 June 2009; 2 October 2014; 14 September 2017; 13
October 2022]
Section 18.2 Research and
Publishing of the Performance Results
(1) The State Probation Service shall provide studies to
ensure the effectiveness of the operation thereof and also to
solve issues relevant to the State Probation Service or public
safety by processing information on the former and existing
probation clients. Studies on recidivism indicators of the former
and existing probation clients shall be carried out at least once
every three years.
(2) The State Probation Service shall publish on its official
website information on the studies not containing personal data
and restricted access information within a month after completion
of the study.
(3) The Cabinet shall lay down the procedures by which the
State Probation Service shall obtain, process, and transmit
information for carrying out the studies on the former and
existing probation clients and also the procedures for the
storage of such information.
(4) The information to be processed on former and present
probation clients for the achievement of the objective referred
to in this Section is restricted access information.
[2 October 2014; 14 September 2017; 13 October 2022 / The
new wording of Paragraphs one and three shall come into force on
1 July 2023. See Paragraph 17 of Transitional Provisions]
Chapter V
Organising of Cooperation of the Advisory Council of the State
Probation Service and Inter-institutions
[14 September 2017]
Section 19. Establishment of
Advisory Councils of the State Probation Service
(1) In order to facilitate optimal cooperation between
authorities in the implementation of a common policy in the field
of probation, the Advisory Council of the State Probation Service
and advisory councils of the territorial units thereof shall be
established.
(11) The State Probation Service may, upon
initiative of the Advisory Council of the State Probation Service
or advisory councils of the territorial units thereof, establish
sub-councils of advisory councils.
(2) The Cabinet shall stipulate the regulations regarding the
operation of the advisory councils of the State Probation Service
and sub-councils thereof.
[26 October 2006; 13 October 2022 / Paragraph
1.1 shall come into force on 1 January 2023. See
Paragraph 18 of Transitional Provisions]
Section 20. Composition of the
Advisory Council of the State Probation Service
The composition of the Advisory Council of the State Probation
Service shall include:
1) a representative of the regional court;
2) a representative of the Office of the Prosecutor
General;
3) a representative of the Ministry of Justice;
4) a representative of the Latvian Association of Local and
Regional Governments;
5) a representative of the State Probation Service;
6) a representative of the Prisons Administration;
7) a representative of the State Police;
8) at least on representative of a non-governmental
organisation the field of activity of which is related to the
provision of support or services to population groups at risk of
social exclusion.
[28 May 2015; 14 September 2017; 13 October 2022 /
The new wording of Clauses one and eight shall come into force
on 1 January 2023. See Paragraph 18 of Transitional
Provisions]
Section 21. Composition of the
Advisory Council of a Territorial Unit of the State Probation
Service
(1) The composition of the advisory council of a territorial
unit of the State Probation Service shall include:
1) a representative of an office of prosecutors of a court
district;
2) a representative of the regional court;
3) a representative of the territorial unit of the State
Police;
4) a representative of the local government;
5) a representative of the territorial unit of the State
Probation Service;
6) a representative of the prison administration in those
territorial units in the territory of operation of which the
prison is located;
7) at least on representative of a non-governmental
organisation the field of activity of which is related to the
provision of support or services to population groups at risk of
social exclusion.
(2) Upon initiative of the advisory council of a territorial
unit of the State Probation Service, the composition thereof may
also include a representative of another authority in addition to
representatives of the authorities referred to in Paragraph one
of this Section.
[13 October 2022 / The new wording of Section shall
come into force on 1 January 2023. See Paragraph 18 of
Transitional Provisions]
Section 21.1 Organising
of Inter-institutional Cooperation
(1) For the purpose of minimising the risk of committing
repeated criminal offences by the probation clients, the State
Probation Service may organise inter-institutional cooperation
meetings, ensuring methodological management thereof.
(2) The local government specialist who is responsible for
establishing a prevention file and developing a social behaviour
correction programme in the local government of the probation
client shall be called on to participate in an
inter-institutional cooperation meeting regarding the probation
client referred to in Section 11.2 of this Law. The
following persons can be invited additionally to participate in
such meeting:
1) the probation client;
2) the lawful representatives and family members of the
probation client;
3) the service provider who ensures social behaviour
correctional or social rehabilitation measures for the probation
client;
4) a representative of the Orphan's and Custody Court;
5) a representative of the State Inspectorate for the
Protection of Children's Rights;
6) a representative of the State Police or municipal
police;
7) a representative of an educational institution;
8) representatives of other authorities or natural persons who
can provide information or support in working with the probation
client and his or her family.
(3) During the inter-institutional cooperation meeting, the
participants thereof shall:
1) provide information on the measures implemented within the
competence of the authority when working with the probation
client;
2) provide information on the measures implemented to ensure
the protection of the interests of the victim and further
measures;
3) evaluate and determine the social behaviour correctional
and social rehabilitation measures necessary for working with the
probation client referred to in Section 11.2 of this
Law and his or her family;
4) evaluate the need to impose obligations and review the
course of fulfilment of the obligations imposed;
5) evaluate the results achieved in working with the probation
client and his or her family;
6) mutually agree upon further actions and measures to be
taken according to the competence of the authorities.
(4) Information processed during the inter-institutional
cooperation meeting shall have the status of restricted access
information.
(5) The State Probation Service shall not provide the
probation client, the former probation client, his or her defence
counsel, lawful representative, family member, or another natural
person with the information on the participants of the
inter-institutional cooperation meeting, progress thereof,
decisions taken, documents prepared, and personal data processed.
The probation client, his or her defence counsel, lawful
representative, family member, or another natural person who has
participated in the inter-institutional cooperation meeting shall
be provided with information which refers to the social behaviour
correctional and social rehabilitation measures necessary for the
probation client.
[13 October 2022]
Chapter
VI
Legal Status of Civil Servants, Employees, and Volunteers of the
State Probation Service
[14 September 2017]
Section 22. Requirements to be
Brought Forward for Civil Servants and Employees of the State
Probation Service
(1) Persons who conform to the requirements of the State Civil
Service Law may apply for the position of a civil servant of the
State Probation Service.
(2) The following persons may apply for the position of an
employee of the State Probation Service:
1) who have at least secondary education;
2) whose personal character, skills, and previous work
experience conform to the requirements laid down for the
position.
Section 23. Selection Criteria for a
Volunteer and Certification of a Mediator
(1) A volunteer may be involved in the performance of tasks in
order to ensure the implementation of the functions of the State
Probation Service, and also in the research and analytical
work.
(2) A volunteer may be a person who:
1) has expressed the willingness to be a volunteer;
2) has attained the age of 18 years and for whom guardianship
has not been established;
3) is fluent in the official language;
4) [13 October 2022];
5) has entered into a contract on voluntary work with the
State Probation Service;
6) is not a probation client;
7) has not been punished for criminal offences against
morality and for sexual offences, regardless of extinguishing the
criminal record or removal thereof;
8) has not been punished for an intentional serious or
especially serious criminal offence, regardless of extinguishing
the criminal record or removal thereof, except for the case where
after extinguishing the criminal record or removal thereof the
State Probation Service has evaluated whether it does not harm
public interests and has allowed such person to perform voluntary
work.
(3) The Cabinet shall determine the procedures by which a
volunteer shall receive compensation for the expenditures for the
performance of the tasks specified in the contract, and the
amount of the compensation for the expenditures.
(4) A volunteer may be a mediator in the mediation, provided
that:
1) he or she has sufficient knowledge and skills in organising
and managing the mediation;
2) he or she has not been punished for committing of an
intentional criminal offence, has been exonerated, or criminal
record has been set aside (extinguished);
3) he or she has received a certificate issued by the State
Probation Service.
(5) A volunteer who performs voluntary work in the
institutions in which minors are staying, or in measures in which
minors are participating, shall conform to the requirements of
the laws and regulations in the field of protection of the rights
of the child.
(6) The Cabinet shall determine the procedures by which the
State Probation Service shall train and certify volunteers for
organising and managing the mediation, and also shall cancel the
certificate.
(7) The certificate of a mediator may be cancelled if during
the operation of the certificate, the mediator has infringed the
regulations for organising and managing the mediation or the
ethics principles of a mediator approved by the head of the State
Probation Service, or he or she has provided false data on
himself or herself.
(8) If the decision of the mediator certification committee to
cancel the certificate is contested or appealed, such contesting
or appeal shall not suspend the operation thereof.
[14 September 2017; 13 October 2022]
Section 23.1 Rights and
Obligations of a Volunteer
(1) A volunteer has the following rights:
1) to receive the information necessary for the performance of
the tasks specified in the contract on voluntary work and support
from officials of the State Probation Service;
2) to submit proposals for the improvement of implementation
of the functions of the State Probation Service referred to in
Section 6 of this Law;
3) to visit prisons in order to perform the tasks provided for
in the contract entered into with the State Probation
Service.
(2) A volunteer has the following obligations:
1) to become acquainted with the internal regulations and
orders of the State Probation Service which refer to his or her
field of activity, to comply with these regulations and orders,
and also the principles of ethics;
2) when organising and managing a mediation, to contact the
victim and the person who has committed a criminal offence by
using the data provided by the official of the State Probation
Service;
3) to fulfil the contract on voluntary work entered into in
good faith, complying with the time limits provided for
therein;
4) to participate in training organised by the State Probation
Service or other training for raising the qualification in
relation to his or her field of operation.
[14 September 2017; 13 October 2022]
Section 24. Certificates of Civil
Servants, Employees, and Volunteers of the State Probation
Service
(1) A service identification document shall be issued to the
civil servants and employees of the State Probation Service.
(2) A volunteer's certificate shall be issued to the
volunteers of the State Probation Service.
[28 October 2010; 14 September 2017]
Section 25. Rights of Civil Servants
and Employees of the State Probation Service
(1) Civil servants and employees of the State Probation
Service have the following rights in performance of their
functions:
1) to request that a probation client presents a personal
identification document;
2) to invite a probation client to arrive to the division of
the State Probation Service;
3) to take photographs of a probation client;
4) to obtain information on a probation client;
5) to organise informative and educational measures for family
members and support persons of the probation client;
6) to provide participants of the inter-institutional meeting
with information on the probation client and the victim.
(11) Civil servants of the State Probation Service
have the following rights in performance of their functions:
1) to receive information on criminal records of a probation
client, including extinguished criminal records;
2) to receive the information on commencement of the criminal
proceedings against a probation client, on the security measures
imposed on a probation client, search of a probation client and
participation in the events endangering persons and public
security;
3) to visit prisons;
4) to become acquainted with the case materials of the
convicted person on whom the prison administration has requested
an evaluation report;
5) to visit a probation client at his or her workplace or
educational institution;
6) upon consent of a probation client, to meet with his or her
employer or representative of an educational institution;
7) upon consent of a probation client, to meet with his or her
family members;
8) upon request, to receive complete court rulings concerning
a probation client regardless of whether the criminal case is
heard in an open or closed court hearing;
9) to receive information on the given name, surname, date of
birth, and place of residence of the victim, and also to contact
the victim in order to obtain information for preparing an
evaluation report, organising and managing the mediation,
controlling the performance of the obligations imposed by the
prosecutor or determining the obligations within the framework of
supervision or probationary observation, and also for the
settlement of debt obligations of the probation client within the
framework of the supervision or probationary observation;
10) to visit a probation client at his or her place of
residence from 7.00 to 23.00;
11) to become acquainted with the case materials of the
convicted person who is at the prison and has applied for the
participation in a probation programme;
12) to request and receive information from the prison on the
re-socialisation work to be done and already done with the
convicted person;
13) to receive information on the means for temporary
protection against violence imposed on the probation client;
14) if a probation client is a minor, to receive information
on:
a) the property administration of a minor probation
client;
b) transfer of a minor probation client under custody of a
parent to another person in Latvia or abroad;
c) parental disputes on issues related to the raising of a
minor probation client;
d) sending of a minor probation client under custody of the
parents to a specialist for consultation purposes;
e) a permit for a minor probation client to cross the State
border in accordance with the laws and regulations regarding the
procedures by which children shall cross the State border;
15) to receive information on a minor probation client who has
been a victim in a criminal offence;
16) to receive information on the social services and social
assistance provided to a probation client;
17) to receive information on education of a probation
client;
18) to receive information on disability of a probation
client;
19) to receive information on employment, income, and persons
under custody of a probation client;
20) to receive information on the spouse, parents, and
children of a probation client;
21) to receive information on the death of a probation
client.
(12) Within the scope of performance of the task
referred to in Section 18.2, Paragraph one of this
Law, the civil servants and employees of the State Probation
Service have the right to receive and process the following data
on former probation clients:
1) the information referred to in Paragraph 1.1,
Clauses 1 and 2 of this Section;
2) data on the death of a person.
(2) In supervising the persons specified in Section 6, Clauses
5, 7, 9, and 10 of this Law, the civil servants of the State
Probation Service have the following rights in addition to that
specified in Paragraphs one and 1.1 of this
Section:
1) to control how a probation client is fulfilling the
requirements defined for him or her according to the plan of
supervision;
2) to visit a probation client at his or her place of
residence without prior notice;
3) to visit the probation client at his or her place of
residence from 23.00 to 7.00 if, in accordance with the laws and
regulations governing the execution of criminal punishments or
probationary observation, the obligation - prohibition to leave
his or her place of residence during certain time of the day -
has been imposed on the probation client;
4) to obtain information on the means of subsistence of a
probation client;
5) to determine or completely or partially revoke the
obligations provided for in the laws and regulations governing
the execution of criminal punishments or probationary observation
for conditionally sentenced and conditionally released persons,
and also persons on whom the criminal punishment - probationary
supervision - or compulsory measure of correctional nature -
probationary observation - has been imposed, and to control the
execution thereof;
6) to obtain information on the criminal record of the parents
of a minor probation client or of the persons replacing them and
information from the parents of a minor probation client on their
health and use of addictive substances;
7) to obtain information on the social behaviour correctional
and social rehabilitation services provided to a minor probation
client to whom a compulsory measure of correctional nature -
probationary observation - has been imposed;
8) to provide information on the given name, surname, date of
birth, lawful representatives of a minor probation client to whom
a compulsory measure of correctional nature - probationary
observation - has been imposed, and also on the circumstances
which have promoted committing of a criminal offence, and
resources facilitating inclusion of the probation client in
society to the service providers to ensure social behaviour
correctional and social rehabilitation services for the minor
probation client;
9) to control how the probation client to whom probationary
observation has been applied and his or her parents or other
lawful representatives comply with the measures laid down in the
plan for probationary measures.
(21) Upon implementing electronic monitoring of
conditionally released persons, the civil servants of the State
Probation Service have the following rights in addition to that
specified Paragraphs one, 1.1, and two of this
Section:
1) to install electronic devices at the place of residence of
a probation client;
2) to attach to or remove the electronic device from a
probation client;
3) to check electronic devices at any time of the day;
4) to control the performance of the electronic monitoring
schedule;
5) to process the information recorded by electronic devices
on the presence of a probation client at certain place and
time;
6) to remove electronic devices from the place of residence of
a probation client;
7) to identify a probation client by using a fingerprint
reader built in electronic devices which scans the fingerprints
of the person;
8) to meet with the persons living at his or her possible
place of residence without the consent of a probation client in
order to find out the attitude of these persons towards
determination of electronic monitoring and installation of
electronic devices;
9) to receive a permit from the persons living at the possible
place of residence of a probation client for the placement of
electronic devices at this place of residence for execution of
electronic monitoring of the probation client;
10) to carry out conformity assessment of the possible place
of residence of a probation client for the determination of
electronic monitoring;
11) without the consent of a probation client, to meet with
the owner of his or her possible place of residence in order to
find out about the persistence of this place of residence;
12) without the consent of a probation client, to meet with
his or her potential employer in order to find out about the
intended influence of the planned employment on the execution of
electronic monitoring.
(3) If a probation client is a minor, his or her consent is
not necessary in the cases referred to in Paragraph
1.1, Clauses 6 and 7 of this Section.
(4) In preparing an evaluation report, civil servants of the
State Probation Service have the right referred to in Paragraph
two, Clauses 4, 6, and 7 of this Section in addition to those
referred to in Paragraphs one and 1.1 of this Section.
Upon considering imposing of electronic monitoring on a probation
client, in addition the civil servants of the State Probation
Service have the rights referred to in Paragraph 2.1,
Clauses 8, 9, 10, 11, and 12 of this Section.
(5) The civil servants and employees of the State Probation
Service have the right to examine a probation client in
accordance with the procedures stipulated by the Cabinet in order
to detect if he or she has used alcohol, narcotic, toxic, or
psychotropic substances.
(6) In performing the functions specified in Section 6,
Clauses 1, 2, 3, 4, 5, 7, 9, and 10 of this Law and the task
specified in Section 10, Paragraph two of this Law, the civil
servants and employees of the State Probation Service have the
right to make audio and video recordings after having informed
the probation client and other persons of making such
recording.
(7) In performing the function specified in Section 6, Clause
6 of this Law, the civil servants and employees of the State
Probation Service have the right to make audio and video
recordings with the consent of the probation client and other
persons.
(8) The audio and video recordings made while performing the
functions specified in Section 6, Clauses 1, 3, 4, 5, 7, 9, and
10 of this Law shall be stored in the State Probation Service
Information System. Storage of the audio and video recordings
shall be ensured in accordance with the procedures laid down in
the Cabinet regulation referred to in Section 16, Paragraph three
of this Law.
(9) The audio and video recordings made while performing the
functions specified in Section 6, Clauses 2 and 6 of this Law and
the task specified in Section 10, Paragraph two of this Law shall
be stored in the State Probation Service Information System for
six months from the day of making thereof or shall be deleted
immediately after withdrawal of the person's consent if such
recording has been made while performing the function specified
in Section 6, Clause 6 of this Law.
(10) In performing the functions specified in Section 6,
Clauses 3, 4, 5, 7, 9, and 10 of this Law, the civil servants of
the State Probation Service have the right to negotiate with the
probation client without the presence of his or her lawful
representatives.
[26 October 2006; 28 October 2010; 21 July 2014; 2 October
2014; 14 September 2017; 13 October 2022 / The new wording
of Paragraph 1.1, Clause 9, the new wording of
Paragraph two, Clauses 3 and 5, and also Paragraph two, Clauses
7, 8, and 9 shall come into force on 1 January 2023. See
Paragraph 19 of Transitional Provisions]
Section 26. Obligations of Civil
Servants and Employees of the State Probation Service
Civil servants and employees of the State Probation Service
have the following obligations in performance of their
functions:
1) to provide information on available assistance to probation
clients;
2) to ensure unauthorised non-disclosure of the restricted
access information received;
3) to maintain records of probation clients;
4) to check how a probation client is fulfilling his or her
obligations;
5) within the scope of his or her competence, to provide the
necessary support and assistance to a probation client;
6) [16 June 2009].
[16 June 2009; 28 October 2010; 14 September 2017]
Transitional
Provisions
1. Section 6, Clauses 5 and 7, and Section 12 of this Law
shall come into force on 1 January 2006.
2. The State Probation Service shall supervise such
conditionally sentenced persons, conditionally released persons,
and persons conditionally released from criminal liability on
whom the court ruling or prosecutor's decision has entered into
effect after 31 December 2005.
[26 October 2006]
3. The State Probation Service shall not implement the
function specified in Section 6, Clause 5 of this Law from the
day of coming into force of the amendments of June 2009 to the
law On the State Budget for 2009 until 31 December 2012.
[16 June 2009]
4. The State Probation Service shall continue the behaviour
control of such persons on whom the decision to terminate
criminal proceedings by conditionally releasing from criminal
liability has been taken until coming into force of the
amendments of June 2009 to the law On the State Budget for 2009,
and complete it according to the procedures laid down in such
decision and laws and regulations.
[16 June 2009]
5. Until 31 December 2018, the State Probation Service shall
not implement the probation programmes for convicted persons who
are serving their sentence in prisons, except for the young
convicted persons of the probation programme and persons who have
been sentenced for criminal offence against morality and sexual
inviolability.
[30 November 2015]
6. Contracts on the provision of post-penitentiary aid which
the State Probation Service has entered into with probation
clients shall be terminated by 1 August 2009.
[16 June 2009]
7. From 1 July 2009 until 28 February 2013 the State Probation
Service shall, upon request of the court or prosecutor, provide
the evaluation report provided for in Section 15 of this Law on
the persons who have been accused of committing a criminal
offence against sexual inviolability and morality, and also on
the accused persons who were minors at the time of committing a
criminal offence.
[16 June 2009; 15 November 2012]
8. The Cabinet shall, by 1 April 2011, issue the Cabinet
regulations provided for in Section 15, Paragraph four of this
Law regarding the procedures for drawing up the evaluation
report, the amount of information to be included therein, and the
procedures for the provision thereof.
[28 October 2010]
9. Amendments to Section 15 and Section 17, Paragraph three of
this Law which provide for the obligation of the State Probation
Service to provide evaluation reports shall come into force on 1
April 2011.
[28 October 2010]
10. The norms of the State Probation Service Law which were in
force until 31 January 2015 shall be applied to the persons who
have been conditionally sentenced or conditionally released until
31 January 2015.
[2 October 2014]
11. The Cabinet shall issue the regulations referred to in
Section 11, Paragraph two of this Law by 1 March 2015. Until the
day of coming into force of these regulations, the following
Cabinet regulations shall be applicable, insofar as they are not
in contradiction with this Law:
1) Cabinet Regulation No. 804 of 27 November 2007, Procedures
for the Supervision of Conditionally Sentenced Persons,
Conditionally Released Persons, and Persons Conditionally
Released from Criminal Liability;
2) Cabinet Regulation No. 562 of 16 August 2012, Procedures
for Ensuring Execution of the Additional Punishment - Probation
Supervision - by the State Probation Service.
[2 October 2014]
12. The provisions laid down in Sections 15 and 25 of this Law
in relation to conditional release with determination of
electronic monitoring shall be applied from 1 July 2015.
[15 January 2015]
13. Section 10.1 of this Law shall come into force
on 1 February 2018.
[28 May 2015; 22 November 2017]
14. Amendments to Section 25, Paragraph 1.1, Clause
2 of this Law and amendments regarding the supplementation of
this Paragraph with Clauses 14 and 15 shall come into force on 1
January 2019.
[14 September 2017]
15. The Cabinet shall, by 1 June 2018, issue the regulations
referred to Section 13, Paragraph three, Section 16, Paragraph
three, Section 18.2, Paragraph three, and Section 23,
Paragraphs three and six of this Law. Until the day of coming
into force of these regulations, the following Cabinet
regulations shall be applicable, insofar as they are not in
contradiction with this Law:
1) Cabinet Regulation No. 782 of 20 November 2007, Procedures
by which the State Probation Service shall Certify Volunteers who
are Mediators in a Mediation;
2) Cabinet Regulation No. 803 of 27 November 2007, Regulations
Regarding the Amount of Information to be Included in the
Database of the State Probation Service and Procedures for the
Inclusion of Information and Use Thereof;
3) Cabinet Regulation No. 266 of 15 April 2008, Regulations
Regarding the Procedures by which a Volunteer Probation Employee
Receives Remuneration for the Performance of the Tasks Specified
in the Participation Agreement, and the Amount of the
Remuneration;
4) Cabinet Regulation No. 973 of 25 November 2008, Procedures
for the Establishment, Drawing up, Transfer, Termination,
Renewal, and Storage of the Case of a Probation Client.
[14 September 2017]
16. The requirement laid down in Sections 3.1 and
3.2 of this Law for the attestation of the electronic
signature by a qualified electronic seal within the meaning of
Article 3(27) of Regulation No 910/2014 and a time stamp within
the meaning of Article 3(33) of Regulation No 910/2014 shall
apply from 1 January 2023.
[13 October 2022]
17. Amendments to Section 18.12 of this Law
regarding the new wording of Paragraphs one and three thereof
which prescribe research and publishing of performance results of
the State Probation Service shall come into force on 1 July
2023.
[13 October 2022]
18. Amendments to Section 19 of this Law regarding
supplementation thereof with Paragraph 1.1 and also
amendments to Sections 20 and 21 of this Law in respect of the
composition of advisory councils of the State Probation Service
shall come into force on 1 January 2023.
[13 October 2022]
19. Amendments regarding the execution of the compulsory
measure of correctional nature - probationary observation - shall
come into force on 1 January 2023.
[13 October 2022]
The Law shall come into force on 1 January 2004.
The Law has been adopted by the Saeima on 18 December
2003.
President V. Vīķe-Freiberga
Rīga, 30 December 2003
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)