Restorative processesRestorative processes in Norwegian correctionsin Norwegian corrections

””Restorative Justice in probation practiceRestorative Justice in probation practice””Prague, 23Prague, 23rdrd September 2015 September 2015

Gerhard PloegGerhard PloegSenior adviserSenior adviser

Directorate of Correctional Services Directorate of Correctional Services NorwayNorway

WorkshopWorkshopThe organisational aspectThe organisational aspect

Ministry of Justice and Public SecurityMinistry of Justice and Public Security

-Directorate-Directorate

-Five regional offices-Five regional offices

-Ca. 50 prisons – from 350 to 12 -Ca. 50 prisons – from 350 to 12 cellscells

Ca. 3,600 prison officersCa. 3,600 prison officers

-Ca. 35 probation offices-Ca. 35 probation offices

Ca. 350 probation workersCa. 350 probation workers

Correctional services Correctional services organisationorganisation

• The punishment is in the restriction of The punishment is in the restriction of libertyliberty

• Lowest possible security levelLowest possible security level

• Circumstances as normal as possibleCircumstances as normal as possible

• Other civil rights are not affectedOther civil rights are not affected

• The right to restorative processesThe right to restorative processes

The principle of normalityThe principle of normality

Infrastructure for RJInfrastructure for RJ

• No specific training for mediation No specific training for mediation activitiesactivities

• Two-year prison staff training – little Two-year prison staff training – little attention for RJattention for RJ

• Probation offices often co-operate Probation offices often co-operate with Mediation Servicewith Mediation Service

22 regional offices, 1 central secretariat22 regional offices, 1 central secretariat

550 mediators550 mediators

7,000 cases in 20147,000 cases in 2014

Infrastructure for RJInfrastructure for RJ

Nils Christie: ”Conflict as property” (1978)Nils Christie: ”Conflict as property” (1978)

Pilots since ca 1980 – established in law Pilots since ca 1980 – established in law 19911991

Mediation ServiceMediation Service

• Victim – offender Victim – offender mediationmediation

• Open to anyoneOpen to anyone

• Free of chargeFree of charge

• Aimed at an agreementAimed at an agreement

• If reached and carried If reached and carried out, no mention on the out, no mention on the criminal recordcriminal record

• Trained mediatorsTrained mediators

• Appointed by a Appointed by a committeecommittee

• PaidPaid

• State fundedState funded

Civil casesCivil cases

49 %49 %

Criminal casesCriminal cases

51 % 51 %

Mediation Service 2014Mediation Service 2014

Some main categoriesSome main categories

ViolenceViolence 22 %22 %

Threats / bullyingThreats / bullying 15 % 15 %

Vandalism Vandalism 12 %12 %

Shoplifting Shoplifting 10 %10 %

Conflicts with neighboursConflicts with neighbours 10 10 %%

368 cases of 368 cases of domestic violencedomestic violence

124 persons in prison124 persons in prison

• Referral by the police Referral by the police

• Conditional dismissalConditional dismissal

• Condition in a conditional Condition in a conditional sentencesentence

• As part of a community As part of a community sentencesentence

• Youth sanctionYouth sanction

Penal casesPenal cases

Mediation in legislationMediation in legislation

Youth sanctionYouth sanction

• Restorative in characterRestorative in character

• Target groupTarget group

• Group conferencing / mediationGroup conferencing / mediation

• Co-ordinated cross-professional follow-Co-ordinated cross-professional follow-upup

• DurationDuration

• Responsibility of Mediation Service Responsibility of Mediation Service

Introduced in 2014Introduced in 2014

!!

Various forms of restorative Various forms of restorative processesprocesses

• Conflicts between victim and offenderConflicts between victim and offender

• Conflicts in the executional contextConflicts in the executional context

Between offenders and staffBetween offenders and staff

Among offendersAmong offenders

• Conflicts between offender and Conflicts between offender and significant otherssignificant others

Report by a working-group from 2012Report by a working-group from 2012

AssessmeAssessmentnt

MotivationMotivationInformatioInformatio

nn

Treatment in Mediation ServiceTreatment in Mediation Service

External External ”trigger””trigger”

factorfactor

CorrectionsCorrections

Mediation Mediation ServiceService

Collaborative Collaborative areaarea

Initiating factorInitiating factor - O - OffenceffenceOffender - VictimOffender - Victim

FirstFirst aappraisalppraisal

Info-meetingInfo-meeting

Treatment in Mediation ServiceTreatment in Mediation Service

Report to policeReport to police Disciplinary Disciplinary measuremeasure

Initiating factor – Internal conflictInitiating factor – Internal conflictOffender – Staff or Offender - OffenderOffender – Staff or Offender - Offender

CorrectionsCorrections

Mediation Mediation ServiceService

Collaborative Collaborative areaarea

First appraisalFirst appraisal

Conflict Conflict encounterencounter

Second appraisalSecond appraisal

AssessmeAssessmentnt

MotivationMotivationInformatioInformatio

nn

Treatment in Mediation ServiceTreatment in Mediation Service

External External ”trigger””trigger”

factorfactor

CorrectionsCorrections

Mediation Mediation ServiceService

Collaborative Collaborative areaarea

First appraisalFirst appraisal

Conflict-Conflict-encounterencounter

Info-meetingInfo-meeting

Second Second appraisalappraisal

Initiating factor – ReintegrationInitiating factor – ReintegrationOffender - OthersOffender - Others

””Hearing”Hearing”””Hearing”Hearing”

• Agreement on the importance of RJ in a Agreement on the importance of RJ in a correctional contextcorrectional context

• Doubts about lack of clarity in role and lack Doubts about lack of clarity in role and lack of independence for correctional staff of independence for correctional staff involved in RJinvolved in RJ

• Difference of opinion on the role of correctional Difference of opinion on the role of correctional staff in RJ-processes in a re-integration contextstaff in RJ-processes in a re-integration context

• Disagreement on responsibility mattersDisagreement on responsibility matters

• Doubts about sufficient knowledge and Doubts about sufficient knowledge and competence among correctional staffcompetence among correctional staff

Result - Restorative processesResult - Restorative processes

§ 2. Purpose § 2. Purpose A sentence shall be executed in a manner that takes A sentence shall be executed in a manner that takes into account the purpose of the sentence, that into account the purpose of the sentence, that serves to prevent the commission of new criminal serves to prevent the commission of new criminal acts, that reassures society, and that within this acts, that reassures society, and that within this framework ensures satisfactory conditions for the framework ensures satisfactory conditions for the prisoners.prisoners.

Execution of Sentences Act 2013:Execution of Sentences Act 2013:

In the case of persons remanded in custody the In the case of persons remanded in custody the Correctional Services shall make suitable Correctional Services shall make suitable arrangements for remedying the detrimental effects arrangements for remedying the detrimental effects of isolation. of isolation.

An offer of restorative process shall be made An offer of restorative process shall be made during the execution of the sentence.during the execution of the sentence.

Execution of Sentences Act 201Execution of Sentences Act 20144::

• Mutually obliging Mutually obliging

• Only for sentenced offenders – no remand Only for sentenced offenders – no remand prisonersprisoners

• Guarantee of voluntariness from both sidesGuarantee of voluntariness from both sides

• Correctional Services locals units are to establish Correctional Services locals units are to establish procedures for collaboration with Mediation procedures for collaboration with Mediation ServiceService

• Correctional Services have the responsibility for Correctional Services have the responsibility for informing and motivating offendersinforming and motivating offenders

• Correctional Services have the responsibility for Correctional Services have the responsibility for the security aspectsthe security aspects

• Restorative processes shall be delivered by the Restorative processes shall be delivered by the Mediation ServiceMediation Service

• Correctional Services will take into account which Correctional Services will take into account which agreements have been made by the partiesagreements have been made by the parties

2015 – Proposal for guidelines2015 – Proposal for guidelines

Final commentFinal comment

A restorative process is primarily carried A restorative process is primarily carried out for the sake of the victim out for the sake of the victim

A restorative process can also be of A restorative process can also be of great importance for the re-integration of great importance for the re-integration of the offenderthe offender

A restorative process may contribute to a A restorative process may contribute to a reduction in re-offending and so to a reduction in re-offending and so to a safer communitysafer community

Thank you for your attention!Thank you for your attention!

gerhard.ploeg@kriminalomsorg.nogerhard.ploeg@kriminalomsorg.noTel: +47 40 44 88 53Tel: +47 40 44 88 53

www.kriminalomsorgen.nowww.kriminalomsorgen.nowww.konfliktraadet.nowww.konfliktraadet.no