o Ensure enhancement of rehabilitation services in penitentiary establishments, adequate prison conditions, raising awareness/education among
inmates and the system of fair incentives, and inmates’ involvement in various daily and meaningful/interesting activities.
3.3.1. CLASSIFICATION OF PRISONERS
The types of detention and penitentiary establishments are determined by Article 10.2 of
the Code of Imprisonment of Georgia.58 Article 46.4 of the Imprisonment Code59 provides
for the authority of the Director of the Penitentiary Department to place a prisoner in a
particular establishment. Order no. 70 of the Minister of Corrections, dated 9 July 2015,
provides for the types of risks posed by convicted persons, risk assessment criteria, procedure for risk assessment and re-assessment, conditions of and procedure for transfer of
prisoners to the similar or other type of establishment, as well as the terms of reference
of the risk assessment team.
In the Parliamentary Report of 2015, the Public Defender gave his recommendation to the
Minister of Corrections with regard to the above-mentioned procedure. It was suggested,
in particular, to introduce an obligation of a penitentiary establishment or the Penitentiary Department to inform a convict about the initiation of the risk-assessment process by
a multidisciplinary team. Furthermore, convicts should be enabled to furnish additional
documentation to the multidisciplinary team at any stage of assessment, if they believe
this will lead to a desirable outcome. It should be noted that this recommendation has
not been fulfilled.
RECOMMENDATION
TO THE MINISTER OF CORRECTIONS OF GEORGIA:
• To amend the Procedure for the Assessment and Re-assessment of the Risks
posed by a Convict, Risk Assessment Criteria to the effect of determining the
obligation of a penitentiary establishment or the Penitentiary Department to
inform a convict about the initiation of the risk-assessment process by a multidisciplinary team. Furthermore, convicts should be enabled to furnish additional documentation to the multidisciplinary team at any stage of assessment,
if they believe this will lead to a desirable outcome.
58
59
The prison facilities are: low risk prison facility; semi-open prison facility; closed type prison facility; high
risk prison facility; juvenile rehabilitation facility; and special facility for women.
By a decision of the Director of the Department, a convicted person may be transferred for serving the rest
of the sentence to a prison facility of the same or different type in cases where he/she regularly violates the
internal regulations of the facility; is ill and/or in cases where it is necessary to ensure his/her safety after
taking risk factors into account; also in cases of reorganisation, liquidation or overcrowding of the facility
or in circumstances specified in Article 58(1) of this Code; or in other important, reasonable circumstances
and/or in the case of the consent of the convicted person. A risk assessment team assesses and periodically
re-assesses the risks of a convicted person.
NATIONAL PREVENTIVE MECHANISM (NPM), 2016
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