Kriminaalhooldusseadus (KrHS)

§ 1. Probation supervision

(1) In probation supervision, the behaviour of probationers and their performance of obligations imposed on them by a court or prosecutor are monitored and probationers are assisted in social adjustment with a view to deterring them from committing criminal offences.

(2) The minister in charge of the policy sector may establish the requirements and procedure for probation supervision by a regulation.

§ 2. Probationer

A probationer is:

1) a convicted offender whom a court has placed under the supervision of a probation supervisor pursuant to the procedure provided by law;

2) a convicted offender whose imprisonment has been substituted by community service or addiction treatment or partially substituted by complex treatment of sex offenders;

3) a person with regard to whom criminal proceedings have been terminated and who has been imposed community service by a prosecutor or court or an obligation to submit to surveillance of compliance with prohibition on consumption of alcohol by an electronic device provided for in subsection 1 of § 751 of the Penal Code;

4) a suspect or accused upon whom taking into custody imposed as a preventive measure has been substituted by obligation to submit to electronic surveillance;

5) a suspect, accused or offender upon whom the court has imposed a temporary restraining order with electronic surveillance or a restraining order;

6) an offender whose detention has been substituted by community service or on whom a court has imposed the community service obligation pursuant to § 87 of the Penal Code;

7) a suspect or accused on whom a prosecutor or court has ordered a pre-trial report.

§ 3. Probation supervisors

(1) A probation supervisor is a probation officer or a voluntary probation worker.

(2) Probation supervision functions may also be assigned to a non-profit association (probation supervision association), which supervises probation as one of the activities specified in its articles of association.

(3) Probation supervision functions may also be assigned, in addition to probation supervisors, to other persons in prison service who meet the requirements for probation supervisors.

§ 4. Right of probation supervisors to obtain information

Probation supervisors have the right to obtain information necessary for the performance of probation supervision functions from agencies and persons.

§ 4¹. Processing of personal data upon preparation for and conduct of probation supervision

(1) In order to prepare for and conduct probation supervision, a probation supervisor has the right to process the personal data of probationers and persons related to probation supervision, including specific categories of personal data in the cases provided by law.

(2) Upon preparation for and conduct of probation supervision, the activities of probation supervisors shall be deemed to be the activities of law enforcement authorities for the purposes of subsection 2 of § 13 of the Personal Data Protection Act, and processing of personal data shall be guided by the provisions established for law enforcement authorities.

§ 4². Right of data subjects to obtain information concerning processing of their personal data and issue of personal data

(1) Upon processing of personal pursuant to this Act, a data controller may restrict the rights of a data subject arising from the Personal Data Protection Act, if this is required in order to prevent, detect, proceed an offence or enforce a punishment, conduct of disciplinary or administrative proceedings, prevent any damage to the rights and freedoms of another person or data subject, prevent endangering of national security or ensure maintenance of public order.

(2) The following rights of data subjects may be restricted pursuant to subsection 1 of this section:

1) the right to know that their personal data are processed, including what personal data are processed, and the way, method, objective, legal basis, extent or cause of processing;

2) the right to know the recipients of their personal data and categories of personal data disclosed and information about whether their personal data are transmitted to foreign countries or international organizations;

3) the right to demand restrictions on processing of their personal data;

4) the right to object to processing of their personal data;

5) the right to know about breaches related to their personal data.

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§ 13. Requirements for probation officers

(1) Any person of appropriate moral character for probation supervision who has completed a relevant applied or academic higher education may be appointed a probation officer.

(2) The minister in charge of the policy sector may establish additional requirements for the qualifications of probation officers, heads of divisions of probation departments and heads of probation supervision departments.

(2¹) Persons who have acquired foreign professional qualifications may be appointed as a probation office if their professional qualifications have been recognised in accordance with the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Ministry of Justice and Digital Affairs.

(3) The minister in charge of the policy sector may establish by a regulation the duties of probation officers in the case of which the officials performing such duties need not have the applied or other higher education specified in subsection 1 of this section.

§ 14. Probation officer's probationary period

Probation officers maybe subject to a probationary period of up to six months from the date of taking up the post.

§ 15. Duty to supervise

(1) Probation officers are required to supervise trainee probation officers and voluntary probation workers on the orders of the head of the probation supervision department. No probation officer is required to supervise more than two trainee probation officers and five voluntary probation workers at the same time.

§ 15¹. Notification obligation

An officer supervising probation shall notify of criminal offences and misdemeanours which become known to him or her in the course of his or her professional activities.

§ 15². Obligation of professional secrecy

Probation officers must not disclose any circumstances and information which became known to them in connection with performance of their duties, including any personal data and information concerning relationships between persons. The obligation of professional secrecy has an unspecified term.

§ 16. Compensation for proprietary damage

The state shall compensate probation officers and their family members for any intentional proprietary damage, which they suffer due to performance of the duties of probation officers, pursuant to the procedure provided for in § 143 of the Imprisonment Act. Damages shall be collected from the person at fault.

§ 17. Voluntary probation workers

(1) A voluntary probation worker is a person who performs probation supervision duties in his or her free time without receiving remuneration.

(2) Voluntary probation workers are supervised by probation officers.

(3) Any person who has expressed the desire and is suited to be a voluntary probation worker may be a voluntary probation worker. Upon assessing the suitability of an applicant, his or her personal characteristics, education, personal history and professional activities are examined on the basis of documents and an interview.

(3¹) It is allowed to process upon assessment personal identification data, contact information, residence information, information characterizing the individual, including personal characteristics, information about education and studies, curriculum vitae information, information concerning punishments of the individual and information on place of work and earlier work experience.

(4) Judges or prosecutors or staff employees of the courts, the Prosecutor’s Office, the police or penal institutions who are public servants shall not act as voluntary probation workers.

(5) Voluntary probation workers must not disclose any circumstances and information which became known to them in connection with performance of their tasks, including any personal data and information concerning relationships between persons. The obligation to maintain confidentiality has an unspecified term.

§ 18. List of voluntary probation workers

(1) Any person who is entered in a list of voluntary probation workers by the head of the probation supervision department may act as a voluntary probation worker.

(2) The lists of voluntary probation workers of departments are maintained by the heads of the probation supervision department, and the national list of voluntary probation workers is maintained by the Ministry of Justice and Digital Affairs.

(3) A list of voluntary probation workers shall set out the given name, surname, residence, telephone number and place of employment of the voluntary probation workers. If a voluntary probation worker prefers to work with a particular group of persons, a corresponding notation shall be made in the list.

(4) If a person breaches the duties of probation supervisors, proves unsuitable for voluntary probation work in any other way or repeatedly refuses to perform probation supervision duties without good reason, or if the person no longer wishes to be a voluntary probation worker, the person shall be deleted from the lists of voluntary probation workers.

§ 19. Training of voluntary probation workers

The probation supervision department shall ensure the training of voluntary probation workers prior to their commencing performance of probation supervision duties.

§ 20. Compensation for expenses of voluntary probation workers

A voluntary probation worker shall be compensated for the expenses of probation supervision, but not in an amount exceeding 10 per cent of the remuneration paid to a probation officer.

§ 21. Probation supervision associations

(1) On the basis of an administrative contract, the minister in charge of the policy sector may assign a portion of probation supervision functions to a suitable non-profit association within the jurisdiction of a court, which has expressed the desire to perform such functions.

(2) Probation supervision associations shall ensure co-ordinated and effective probation supervision.

(3) The provisions applicable to probation officers in supervising probation apply to members of probation supervision associations who are engaged in probation supervision.

(4) A probation supervision association shall appoint members of the association who shall perform the duties of the head of a probation supervision department or of the heads of its divisions in supervising probation.

(5) The minister in charge of the policy sector shall decide the compensation for expenses and the grant of financial support to probation supervision associations on the basis of the annual State Budget Act.

(6) The activities of a probation supervision association in performing probation supervision functions and in using financial support received from the state for such purpose shall be monitored by the head of the probation supervision department of the same jurisdiction and the minister in charge of the policy sector.

(7) The head of a probation supervision department and the minister in charge of the policy sector may give mandatory instructions to a probation supervision association in performing probation supervision functions. In the event of unsatisfactory performance of probation supervision functions or failure to comply with mandatory instructions, the minister in charge of the policy sector may terminate an administrative contract entered into with the probation supervision association pursuant to the procedure provided for in the administrative contract.

(7¹) Probation supervision associations shall not deemed to be law enforcement authorities upon performance of duties related to probation supervision for the purpose of subsection 2 of § 13 of the Personal Data Protection Act. Probation supervision associations shall be data processors when they process any personal data related to probation supervision and they are required to comply upon processing of personal data with the instructions of the data controller and the requirements established for data processors in the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).

(7²) Members of probation supervision associations must not disclose any circumstances and information which became known to them in connection with performance of probation supervision duties, including any personal data and information concerning relationships between persons. The obligation to maintain confidentiality has an unspecified term.

(8) The state promotes and supports supervision of probation by private associations and training of their members.

§ 22. Meeting of representatives of probation supervision associations

The minister in charge of the policy sector shall hold a meeting of representatives of probation supervision associations at least once a year to discuss issues relating to the financing of the activities and in-service training of probation supervision associations, substantive issues and the development potential of probation supervision.

§ 23. Application for pre-trial report

(1) The head of the probation supervision department of residence of a suspect, accused or convicted offender shall appoint on the application of a court, prosecutor or prison a probation officer to whom he or she assigns the task of preparation of a pre-trial report.

(2) A probation officer shall prepare a pre-trial report on a suspect, accused or convicted offender pursuant to § 24 of this Act and submit it to the court, prosecutor or prison within the period specified by them.

§ 24. Pre-trial report

(1) A probation officer shall prepare a pre-trial report on a suspect, accused or convicted offender which shall contain a summary of the personal characteristics and social circumstances of the suspect or the accused, and an opinion on the probationary period and selected obligations to be applied with regard to the suspect, the accused or the convicted offender and the term of application thereof.

(2) A pre-trial report shall contain biographical facts and a psychological-social prognosis of a suspect, accused or convicted offender.

(3) A probation officer shall meet the suspect or the accused, persons close to him or her, and other persons, including the person specified in subsection 2 of § 35² of the Code of Criminal Procedure in the case of a suspect who is a minor, to collect information necessary for the preparation of a pre-trial report, examine the information from state and local government agencies and health care providers on the suspect or the accused, and request that the legal representative, head of the educational institution and employer of the suspect or the accused submit information on the behaviour and academic progress of the suspect or the accused.

(4) Biographical facts of a suspect or accused shall be based on verified information and shall contain references to sources which confirm the information presented in a pre-trial report.

(6) Upon preparation of a pre-trial report on a suspect who is a minor, his or her vulnerability, and the results of any individual assessments earlier made with respect to him or her shall be taken into account. In the case the facts constituting the basis for the report change substantially during the proceedings, an additional report shall be prepared at the request of the body conducting proceedings.

§ 25. Assignment of probation supervisor

The head of a probation supervision department shall, on the basis of a court judgment or the order of a prosecutor sent for enforcement to the probation supervision department, assign a probationer to a specific probation supervisor, taking into account the specialisation and work load of the probation supervisor. If possible, the supervision of probation shall be assigned to the probation officer who prepared the pre-trial report.

§ 26. Supervision of probation

(1) In supervising probation, probation supervisors shall monitor the performance of obligations specified in court orders, assist and advise probationers in the performance of such obligations and provide assistance in the social adjustment of probationers.

(2) Probationers shall receive assistance in finding employment, admission to an educational institution and a place of residence, and in the resolution of other personal problems.

(3) Probation supervisors shall promote probationers’ ability to cope independently in everyday life.

(4) In supervising probation, probation supervisors shall respect the dignity of probationers.

(5) The data required for probation supervision shall be processed according to §§ 5¹–5⁴ of the Imprisonment Act.

§ 26¹. Control over consumption of substances prohibited for probationers

(1) If a court has imposed an obligation on a probationer not to consume alcohol or narcotics, a probation supervisor has the right to check the probationer and determine the consumption of alcohol and narcotics. Determination of the consumption of alcohol or narcotics shall be based on the procedure specified in 38-41 of the Law Enforcement Act.

(2) If a probation officer does not deem it necessary to collect other data and the probationer does not require determination of blood alcohol content or exhaled breath alcohol concentration or determination of consumption of narcotics by testing of blood or biological liquids, only an indicating meter may be used and the description of the signs of consumption of alcohol or narcotics exhibited by the person.

(3) A probation officer shall prepare a report on the use of an indicating meter and presence or absence of signs of consumption of alcohol or narcotics exhibited by a person. The minister in charge of the policy sector shall establish by a regulation the format of the report on the use of an indicating meter and signs exhibited by a probationer which refer to the consumption of alcohol or narcotics.

(4) Where a probationer demands determination of blood alcohol content or determination of consumption of narcotics by testing of blood or biological liquids, the probationer reimburses for the costs relating to taking, preservation and delivery of the blood or biological liquid samples (hereinafter sample) and testing thereof, unless the test result of the sample was negative. In this case, the costs are borne by the prison. A document confirming a positive sample constitutes an enforceable title for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure.

(5) If a sample is taken at a health care provider, a probation supervisor or prison shall organise the delivery of the sample taken to a state forensic institution for testing and determination of consumption of alcohol or narcotics.

(6) Refusal by a probationer to be checked by an indicating meter, to go to a health care provider for giving a sample and give a sample at the health care provider is failure to submit to the supervision of a probation supervisor. In such case the probation supervisor shall treat the activities of the probationer as a violation of the supervision requirement pursuant to clause 3 of subsection 1 of § 75 of the Penal Code.

§ 27. Supervision plans

(1) After the entry into force of a court order, a probation supervisor shall assess the criminogenic risks of the probationer and prepare, on the basis thereof, a plan for the performance of the obligations specified in the court order and for the supervision of probation (hereinafter supervision plan).

(2) Probationers shall be involved in the preparation of supervision plans.

(3) Probation supervisors shall assess the criminogenic risks of probationers at least once a year during the probationary period, make performance notations in the supervision plans and, if necessary, amend the supervision plans.

(5) Supervision plans and amendments and notations thereto are submitted to a court on demand of the court.

(6) A schedule of community service shall be prepared for a probationer who has been imposed community service.

§ 28. Social group work

Probation supervision may also take the form of social group work.

§ 28¹. Networking in supervision of probation

(1) Probation supervision may be exercised in the form of networking for probationers as well as for persons connected with a probationer, assisting of whom is necessary within the framework of networking on a case management basis.

(2) A probation supervisor has the right to involve relevant authorities and specialists in the exercise of probation supervision and networking. The parties involved in the networking also have the right to process the data necessary for networking.

(3) A prison supervisor has the right to involve the following institutions and specialists in networking:

1) Police and Border Guard Board;

2) Tax and Customs Board;

3) court;

4) Unemployment Fund;

5) Social Insurance Board;

6) social welfare institution;

7) local authority;

8) provider of the service of support for abandonment of violence or addiction;

9) educational institution;

10) medical institution;

11) enforcement agent;

12) in justified cases, another authority or specialist.

§ 30. Regular reports

(1) During probationary periods, probation supervisors shall prepare on probationers, whose criminogenic risks have not been assessed, regular reports which contain an assessment of the prior probation hitherto, an overview of the execution of the court judgment and performance of the supervision plan and any amendments to the supervision plan.

(2) A regular report shall be prepared at least once every six months.

(4) A regular report shall be submitted to the court on demand of the court.

(5) A regular report on probationers, who have been imposed community service, shall be prepared and submitted on demand of a court or Prosecutor's Office.

§ 30¹. Reports on termination of probation supervision

(1) Upon termination of probation supervision or performance of community service, a probation officer shall prepare a report which contains an overview of the whole probation period or performance of the community service obligation and compliance with supervisory requirements and obligations during the probationary period.

(3) The report shall be submitted to a court or Prosecutor's Office on demand thereof.

§ 31. Extraordinary reports

(1) A probation supervisor shall submit an extraordinary report on probationers in the cases specified in the Penal Code or the Code of Criminal Procedure.

(2) An extraordinary report shall contain information on the circumstances of the ascertained violation, a summary of the explanation of the probationer, the assessment by the probation officer of the probation period hitherto and a reasoned proposal of the probation officer to assign additional obligations, extend the term of supervision of conduct, change the type of sanctions applicable on minor probationers or enforce the punishment.

(2¹) An extraordinary report on violation by a suspect, accused or convicted offender of the obligation to submit to electronic surveillance shall contain information on the circumstances of the ascertained violation, a summary of the explanation of the probationer and a proposal of a probation officer for termination of the application of electronic surveillance and taking into custody or for termination of the application of electronic surveillance and application of imprisonment. The number of days during which a person was kept under electronic surveillance shall be annexed to the proposal for application of imprisonment.

(2²) If a probationer evades addiction treatment of drug addicts or complex treatment of sex offenders imposed on him or her, the probation officer who has ascertained the violation shall submit to a court a report which contains information on the circumstances of the violation, a summary of the explanation of the probationer and a proposal for termination of the addiction treatment or complex treatment and enforcement of the sentence of imprisonment.

(3) If the probationer evades the obligation of performing community service imposed on him or her, the probation officer who has ascertained the violation shall submit a report to a prosecutor which contains information on the circumstances of the ascertained violation, the number of hours of community service performed and a summary of the explanation of the probationer.

(4) An extraordinary report submitted by a probation officer with the aim to relieve or cancel the obligations imposed on the probationer, extend or shorten the term of electronic surveillance or release from initially imposed supervision of conduct or shorten the term thereof shall contain an assessment of the probation period hitherto and a reasoned proposal by the probation officer.

(5) An extraordinary report on probationers who have been imposed with community service shall be submitted to a court or prosecuting authority in order to suspend the running of the term due to an illness or family situation of the probationer or for a period during which the probationer is in compulsory military service, alternative service or reserve service. The report on suspension of the running of the term of community service shall contain information on the bases of the suspension and a proposal for the duration of the suspension.

(6) If a suspect, accused or offender upon whom the court has imposed a temporary restraining order with electronic surveillance or a restraining order violates the obligation to submit to electronic surveillance, the probation officer shall immediately inform the investigative body or Prosecutor's Office of violation of this obligation. An extraordinary report on violations shall be communicated to the investigative body or Prosecutor's Office at the request thereof.

§ 32. Replacement of probation supervisor

(1) A probation supervisor shall be replaced if:

1) the probation officer is released from office or is transferred to another probation supervision department;

2) the services of the probation officer have been suspended;

3) it is in accordance with the purpose and in the interest of probation supervision to replace the present probation supervisor;

4) the probationer’s residence changes.

(2) Replacement of a probation supervisor is not required in the case specified in clause 4 of subsection 1 of this section if it is not necessary for achievement of the purpose of probation supervision and is not economically justified.

(3) Upon appointment of a new probation supervisor the provisions of § 25 of this Act shall apply.

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§ 35

[Omitted from this text.]

§ 36. Specifications of appointment of probation officers

(1) Until 31 December 1999, the Minister of Justice shall appoint persons who have completed the training approved by the Minister of Justice, passed the examination and have appropriate moral character required for probation supervision as probation officers.

(2) Persons selected on a competitive basis to participate in training shall have completed at least secondary education.

(3) Persons admitted to training shall be employed in the service as support staff of the court with a probationary period of three months.

(4) Persons who have completed training shall take the examination for probation officers before the examination board approved by the Minister of Justice.

(5) The Minister of Justice shall appoint persons who have passed the examination in probation supervision to the office of probation officer on a competitive basis.

(6) The Minister of Justice shall approve the procedure for hiring probation officers on a competitive basis.

(7) The Minister of Justice shall appoint persons who have successfully completed the competition as probation officers of the corresponding courts.

(8) In addition to their professional duties, probation officers shall participate in in-service training organised by the Ministry of Justice and, after one-year training, undergo evaluation which is arranged by an evaluation committee approved by the Minister of Justice.

(9) Until probation officers are appointed to office, the duties of probation officers shall be performed by the persons specified in subsection 3 of this section.

(10) The additional requirements for the qualifications of probation officers established on the basis of subsection 2 of § 13 of this Act shall not apply to the probation officers appointed to office before 1 May 2004.

§ 36¹. Release of probation consultant from duties

As of 1 May 2004, probation officers shall be released from additional duties to act as probation consultants by a directive of the director of administration of the respective court.

§ 37. Heads of probation supervision departments and divisions of probation supervision departments

(1) Until 1 January 2002, heads of probation supervision departments and heads of divisions of probation supervision departments shall be appointed by the Minister of Justice.

(2) Until 1 January 2002, the provisions of subsections 2–6 of § 36 of this Act apply to the appointment of heads of divisions of probation supervision departments.

(3) The heads of probation supervision departments appointed to office before 1 January 2006 shall be employed, with their consent, for a fixed term of office as of 1 January 2006.

§ 37¹. Transfer of probation supervision departments to prisons

(1) Probation supervision departments of county courts are restructures and merged into probation supervision departments of prisons as of 1 June 2008. Merger of probation supervision departments and prisons shall be organized by the Minister of Justice.

(2) The provisions of subsection 2 of § 115 of the Public Service Act apply to public servants in probation supervision departments who continue service in positions on the staff of prisons or upon termination of their service relationship.

(3) Public servants of probation supervision departments whose functions and official titles do not change due to transformation of probation supervision departments into prison departments or whose functions do not change upon change of their official title, continue their service as of 1 June 2008 in prisons for an unspecified term.

(4) The Minister of Justice and directors of courts in county courts have the right to give directives before 1 June 2008 for release of public servants due to lay-off and make proposals to the State Secretary for announcement of a public competition to fill the positions on the basis of the structure and membership of the probation supervision departments. A proposal pursuant to subsection 3 of § 116 of the Public Service Act to an employee for transfer to another position shall be made by the Minister of Justice or, on the authorisation thereof, by the director of court of a county court or the prison director of a prison.

§ 38. Application of probation supervision to offenders who are serving conditional sentences or are released on parole upon entry into force of Act

A person who, prior to the entry into force of this Act, has been given a conditional sentence or released on parole and whose probationary period has not expired by the time of entry into force of this Act shall be registered in the probation supervision department of his or her residence within one year after the entry into force of this Act.

§ 38¹. Probation supervision register established for processing of data required for probation supervision and data thereof

The database established on the basis of subsection 5 of § 26 of this Act before 1 June 2015 for processing of the data required for probation supervision and the data thereof shall be merged with the database of prisoners, detained persons, persons in custody and probationers established according to § 5¹of the Imprisonment Act.

§ 39. Entry into force of Act

This Act enters into force on 1 May 1998.