3.1.2. National framework concerning alternatives and probation
Alternative sanctions and probation measures are prescribed by the Criminal Code:
•
‘Weekend prison’ – a convict continues their work or education and resides at
home, except on work-free days, normally on weekends, when they are required
to stay in prison.154
•
House arrest - if, considering the level of risk posed by the convicted person, the
possibility of reoffending, and the personal, family and professional situation of
the convicted person while serving the prison sentence, there is no need to serve
the sentence in a prison or, if the sentence must and can be served in an
appropriate public institution due to the illness, disability or old age of the
convicted person.155
•
Community service - The extent of work is defined so that one day in prison shall
equal two hours of community service.156
•
Conditional release - A convicted person who has served one half of their prison
sentence may be released provided that until the expiration of the prison
sentence they do not commit another criminal offence.157 A convicted person
who is to be conditionally released may be placed under protective supervision
by the body responsible for granting and denying conditional release. The
protective supervision is implemented by the probation services (see below).
All of these are measures intended for all convicted persons.158 However, the tasks that
may be imposed on the conditionally released convicted person include activities that
may be of particular relevance to persons with intellectual and/or psychosocial
disabilities, such as the obligation to undergo treatment in an appropriate healthcare
institution, including treatment for alcohol or drug addiction with his or her consent; and
to attend appropriate vocational, psychological, or other counselling services.159 But in
general, the main set of conditions for the application of the conditional release are
related to the length of the prison sentence that may be enforced so that, instead of
154
Slovenia, Article 86(4) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
Slovenia, Article 86(5) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
156
Slovenia, Article 86(8) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
157
Slovenia, Article 88(1) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
158
These measures do not apply to persons who have been subject to a security measure of
compulsory psychiatric treatment and confinement in a medical institution.
159
Article 88(1) of the Criminal Code (Kazenski Zakonik), 20 May 2008.
155
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