Problems of the conditionally released

At the meeting of the monitoring commission under the Donetsk Regional State Administration, information was presented regarding persons conditionally released from serving their sentences and the supervision of their behaviour.
In accordance with clause 4 of the final provisions of the Criminal-Executive Code of Ukraine, since 01 January 2009, the criminal-executive inspection has been entrusted with the functions of registering persons conditionally released from serving their sentences and supervising their behaviour.
With the aim of properly organising work with this category of persons, the directorate has adopted a series of organisational measures.
On 22 October 2008, the directorate prepared an order (No. 251 dated 22.10.2008) regarding the timely resolution of issues of housing and employment for persons being released from places of detention within the Donetsk Region, for the purpose of their timely registration and supervision of their behaviour. Beginning in December 2008, sessions have been held in the region's institutions with convicts to whom parole might be applicable, involving staff from the criminal-executive inspection. To this end, schedules for these sessions have been developed, conducted by inspection staff at least once a month.
Three months before the date of expected parole, institution staff send inquiries to the territorial subdivisions of the regional criminal-executive inspection to verify the actual possibility of housing at the chosen place of residence.
In accordance with the requirements of the 'Provisional procedure for the registration of persons conditionally released from serving their sentences and the supervision of their behaviour', approved by instruction No. 19/713/Kn dated 13.02.2009—the State Department of Ukraine for the Execution of Sentences sent instructions on the organisation of work in this direction (No. 19-1771 dated 20.02.2009) to the territorial subdivisions of the criminal-executive inspection of the State Department of Ukraine for the Execution of Sentences in the Donetsk Region. Emphasis was placed on issues of interaction between the territorial subdivisions of the criminal-executive inspection and internal affairs bodies, monitoring commissions, children's services, centres for social services for families, children and youth, and state and public organisations.
With the aim of organising proper supervision over the behaviour of persons released on parole and conducting individual preventive work with them, as well as assisting in the resolution of housing and employment issues after release—on 30 March 2009, the directorate of the State Department for the Execution of Sentences in the Donetsk Region and the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Donetsk Region prepared 'Working measures for conducting joint work on the registration and supervision of the behaviour of persons released on parole', which provide for monthly reconciliation with territorial internal affairs bodies regarding persons released on parole and their actual registration at their chosen place of residence, as well as joint events to establish the whereabouts of persons who have not arrived at their chosen place of residence, and a series of other measures for supervising this category of persons.
As of 01 October 2009, the territorial subdivisions of the criminal-executive inspection of the State Department of Ukraine for the Execution of Sentences in the Donetsk Region had registered 3,022 persons conditionally released from serving their sentences. Of these, 2,506 arrived at their chosen place of residence from Donetsk Region penitentiary institutions; 258 from institutions in other regions of Ukraine. 428 have been removed from the register.
As of 01 October 2009, 2,594 persons released on parole were on the registers of the territorial subdivisions of the criminal-executive inspection.
The largest number of persons of the above category are in the criminal-executive inspection subdivisions of: Kirovsky, Proletarsky, and Leninsky districts of Donetsk: 118, 87, and 65 respectively; Ordzhonikidzevsky and Zhovtnevy districts of Mariupol: 88 and 99; Hornyatsky district of Makiivka—82; Dobropillia—90; Yenakiieve—106; Kramatorsk—116; Sloviansk—95; Torez—94.
Of those on the register, 1,486 had served sentences for grave crimes; 450 for particularly grave crimes; 365 persons are under administrative supervision. The unserved portion of the sentence for those released on parole is: up to six months—413; up to 1 year—791; up to 2 years—1,303; more than 2 years—508.
Of the persons released on parole on the register, 1,833 have registered at their chosen place of residence.
In accordance with the regulatory documents governing the work of registration and supervision of persons released on parole, staff of the criminal-executive inspection conduct explanatory work upon their registration, identify problematic issues, and provide consultations on their resolution.
The territorial subdivisions of the criminal-executive inspection inform the monitoring commissions in writing about the registration of a person (their arrival or non-arrival at their chosen place of residence). They also inform the commissions about persons who require the resolution of social problems. However, in individual cases, it happens that the monitoring commissions do not always provide reports on the registration of these persons (such issues arise in the Voroshilovsky, Kalininsky, and Leninsky districts of Donetsk, as well as in the cities of Makiivka, Horlivka, Artemivsk, and Krasnoarmiisk). As a positive example, one can note the interaction between the criminal-executive inspection subdivisions and the monitoring commission of Sloviansk, Yenakiieve, and Novohrodivka, specifically where persons released to these cities were provided with material assistance, food vouchers, and warm clothing.
One of the primary directions is providing assistance in employment for those released. Since the beginning of the current year, 295 persons conditionally released from serving their sentences have been officially employed. With the aim of properly resolving employment issues, staff of the territorial criminal-executive inspection issue referrals to employment centres. For instance, through employment centres, persons released on parole were employed in the Chervonohvardiisky district of Makiivka—6 persons; Krasnoarmiisk—4; Debaltseve—1 employed; 7 were granted unemployed status; Torez—3; in the Artemivsk district—8, etc.
All young persons are given referrals to centres for social services for families, children and youth. However, at present, the issue of creating such a centre in the city of Dymytrov has not been resolved.
When supervising persons released on parole, a problematic issue is that the legislation does not impose concrete duties on this category of persons, nor does it provide for responsibility for their non-fulfilment. Furthermore, there is no joint regulatory act that would coordinate the joint work of services and departments.
In the current year, persons released on parole committed 50 new crimes during the unserved portion of their sentences. The largest number of such crimes was committed in the Proletarsky district of Donetsk—3; Zhovtnevy district of Mariupol—5; Yenakiieve—3; Selydove—5.
Also problematic is the fact that in individual cases, persons released on parole do not arrive at their chosen place of residence. Since the beginning of the year, 282 persons released on parole have not arrived at their chosen place of residence. The largest number of such persons is in the Kirovsky district of Donetsk, where 11 people did not arrive at their chosen place of residence; in the Proletarsky district of Donetsk—20 did not arrive. As for the Proletarsky district of Donetsk, 18 people were sent directly to a shelter for the temporary residence of homeless citizens. Moreover, not all of the sent persons were residents of the city of Donetsk prior to their conviction. In connection with this, a necessity arises for opening such centres for social adaptation in other large cities of the region, such as Horlivka, Yenakiieve, Kramatorsk, etc.
With the aim of properly supervising the behaviour of persons conditionally released from serving their sentences, it is proposed to:
1. Review the issue of supervision of persons conditionally released from serving their sentences at meetings of the territorial monitoring commissions.
2. Review the issue of opening social adaptation centres in large cities of the Donetsk Region.