2.21.6. To prevent the negative consequences of deprivation of
liberty, it is necessary to review the legislation and to
implement new and more flexible legal mechanisms,
especially with respect to the use of alternative
sentences
and
preventive
measures.
These
consequences have particularly negative consequences
for juveniles deprived of liberty.
2.21.7. Clear criteria need to be prescribed in legislation for the
competent authority to take an effective decision for
choosing a PI for execution of the sentence of the
person deprived of liberty, for changing the correctional
institution type, and for allocation between cells. In
choosing the PI, in particular, the place where close
relatives of the person deprived of liberty live shall be
taken into account. The mechanism for changing the
correctional institution type from a higher to a lower level
of isolation should be clear and predictable for persons
deprived of liberty.
2.21.8. A stable mechanism for permanent monitoring of the
behavior of persons deprived of liberty and assessing
their level of risk on the basis of clear criteria should be
introduced in the penitentiary legislation.
2.21.9. Taking into consideration that not all persons deprived
of liberty in PIs accept the criminal subculture, and
some actively rebel against the informal leaders within
that subculture, it is necessary to introduce a flexible
system of rewards and penalties: the rewards and
penalties shall be clear and predictable for persons
deprived of liberty. The reward or penalty applied shall
play a key role in choosing the correctional institution
type (regime) for sentence execution or for promoting or
restricting the decision to move the person to a lesser
degree of isolation or to consider early conditional
release from serving the sentence.
2.21.10. To refrain from offending and to stay uninfluenced by
the criminal subculture, opportunities for staying in touch
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents