Alternative measures to prison for young people

Our project aims to understand and analyse the different traditions of European Member States in relation to the community sanctions/probation, or rather to the penal measures which do not consider imprisonment but which instead have the community contribute in the sense of a rehabilitation effort made by public bodies as well as private delegation of public authorities in the matter (those who work with Community Services). We wishes to find partners with whom to compare skills and experience in respect to other models of similar interventions (such as a probationary sentences), and in the construction of collaborative networks between the different figures involved; judicial authority, defendant, ministerial departments, social services etc.

Context
On April 28th 2014, law n.67 was approved in Italy. This law introduced a mechanism for adults on probation and requires the government to introduce decriminalization measures and to modify the sanctioning system.

The crime and the penal system as well as the need to introduce rulings into our current legislature for specific categories of offences that can be substituted by alternative means of correction, is the foundation for wanting to introduce the “probative” into the penal system for adults. This legislation, already used within the penal system for minors, is the thrust behind wanting to find an alternative solution to a prison sentence for adults.

The new legislation required for the probation of adults, differs from the process associated with minors. It intends to respond to the typical requirements of the penal process in such a way as to assist the final social rehabilitation with preventative measures.

The probation consists of demonstrating specific behaviors, under supervision from the Office of External Penal Execution, that show a recognition of the dangerous or damaging consequences of the offence as well as providing compensation for damages sustained by the victim. The probation is an approach that helps with mediation with the offended victim;

in entrusting social services for the development of voluntary activities, in observing the requirements relating to residence, freedom of movement, patronization of bars and restaurants etc and in the supply of community services to both public and private institutions operating in social and health care activities as well as in voluntary fields.

This objective can be achieved by spreading a penal and restorative justice mediation culture, by giving instruction to local social services and explaining the meaning of the probation to the offended victims. An effective collaboration between penal departments and social services as well as local third sector organizations is essential. It is also fundamental to find rapid and comprehensive communication methods as well as tools among the various stakeholders involved in the probation.