NATIONAL LEGAL AND POLICY FRAMEWORKS CONCERNING DEFENDANTS AND PERSONS DEPRIVED OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND IN PRACTICE probation programs for community impact are described in this way: “for those convicted with a measure imposed by the court, but illiterate and with a low intellectual capacity, or with mental problems, they go through a program, due to its mandatory nature, but with them it is difficult to achieve any results”.251 A total of 654 convicts went through such programs for 2020 and 214 for 2019 and most of them took place in the towns of Dobrich, Lovech and Varna. 252 In vocational qualification courses only 46 convicts have participated for 2020 because they have a low level of education and no personal identity documents. 253 In corrective labour the total of 56 convicts had participated and the problem there is the slow payment procedure. 254 The total of 115 454 hours of unpaid work for the benefit of society were spent in 2020 by 867 convicts at 1 824 work sites. 255 For electronic monitoring the “Execution of Punishments” Directorate has 200 sets with radio frequency control and 50 with GPS. The total of 246 persons under home arrest, 26 on probation and 27 on imprisonment for 2019-2020 were monitored in this way. 256 No data is available about the number of convicted persons with IPD who were sentenced to probation measures. 257 The “Execution of Punishments” Directorate’s reply to the author of this research explains that in case the risk assessment for recidivism and harm of the convicted person shows intellectual or emotional deficits he/she may be involved in a community impact programme but unless it is not explicitly imposed by the court, the involvement in the programme is voluntary. The Directorate also underlined in a very sophisticated manner that the priority for probation officers is the smooth functioning of the group work when implementing such programmes and whenever it might be spoiled by the involvement of a person with IPD, this presence is avoided. 258 According to the interviewed judges, probation has a great potential which is not used at all at the moment due to lack of training, guidance and decent remuneration of the probation officers. From the questioning of the people during the cases the judge hears, according to them, the meetings with the probation officer are absolutely formal and have no benefit. 259,260 Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.65. Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.76. 253 Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.77. 254 Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.78. 255 Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.79. 256 Bulgaria, “Execution of Punishments” Directorate, 2020 Annual Report, p.72. 257 Bulgaria, Reply L-1689/2, dated 21 April 2022, signed by Ivaylo Yordanov, head of the “Execution of Punishments” Directorate. In a reply to a specific request from the authors of the research the “Execution of Punishments” Directorate stated that no register for convicts with IPD is kept at the probation services as the probation officers do not have the competence to determine the existence of such disability. Probation officers have graduated either law or social pedagogy or other suitable education. No medical professionals are employed in probation services. Given that the probation punishments are served in the community, when problems in the two fields – emotional balance and thinking skills - are identified by the probation officer, he/she may refer the convict to a medical or other professional but has no powers to force the convict to consult the professional. 258 The exact quote is: Having in mind that very often the mental health problems are transitory and accentuate the personality or the personal characteristics of the convicted person, that do not violate seriously the functioning of the person, it is extremely important that professionals who lead the programs be pedantic in selection of the participants. The failure of proper assessment of the personality and the character of the convict poses a great risk to the group work as due to personality specific features the dynamics, the rules and the structure of the group may be violated. 259 Bulgaria, Interview with Sofia Regional Court judge M.T. on 13 May 2022. Probation has great potential and a lot of effort needs to be put in to develop it, because so far the implementation of probation is quite formal and rather poor. It can be seen that probation officers do not know what to do with the convicts - most of the actions that are taken with a person sentenced to probation are pro forma. Part of the probation sentences impose just mandatory address registration and a meeting with a probation officer. 251 252 60 SLAVKA KUKOVA