serving the prison sentence an alternative is ordered. For example, for house arrest, a
person convicted to a prison sentence of up to nine months is eligible. Usually, prison
sentences imposed for a criminal offence against sexual integrity are excluded. Convicted
person’s behaviour at the time of making the decision and the risk of offending once
released are also taken into account – in addition to other circumstances that are
specifically relevant for each of the prescribed alternatives.
Additional rules and procedures regarding the implantation of these measures are
prescribed by the Enforcement of Criminal Sanctions Act. The execution is prepared,
managed and supervised by the competent probation unit.
Probation services are relatively new in Slovenia. The legal basis for its functioning Probation Act, was adopted in 2017.160 The Probation Agency was established in 2018.
The work of the probation services with the person begins with the of counsellor or
counsellor from among the probation staff, who will then draw up a personal plan
together with the person.161 The personal plan is an individualized method of execution
of the sanction. It is prepared according to the type of probation order on the basis of an
assessment of risk factors, an interview with the person, the individual needs and
circumstances of the person and personal data. The personal plan defines the contacts
between the person and the counsellor, possible sanctions, and, if necessary, the factors
influencing the commission of the person's offence and the measures aimed at
eliminating these factors, the methods and deadlines for their implementation, and the
deadlines for the implementation of the personal plan. Contact with the person takes the
form of individual interviews or group meetings, which shall take place in the probation
unit, with providers of individual or group social, educational, psychosocial, health or
other relevant programmes run by authorities, organisations, non-governmental
organisations or other legal or natural persons, at the person's home or at other premises
agreed in the personal plan.
The first few years of its existence were dedicated to setting up the probation service.
Regardless, the agency has a wide range of service/programme providers. Still, the
Probation Agency considers that the one of the main challenges for persons with
psychosocial and/or intellectual disabilities is to find an appropriate service/programme
160
161
Probation Act (Zakon o probaciji), 24 May 2017.
Article 15 of the Probation Act (Zakon o probaciji), 24 May 2017.
51
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