EU instruments: The Framework Decisions e-Learning platform on the Framework Decision on transfer of prisoners The European Organisation of Prison and Correctional Services (EuroPris) has created an ‘elearning platform’ on the Framework Decision on transfer of prisoners. The platform was designed to assist decision-makers responsible for transferring the execution of custodial sentences. The tool explains the Framework Decision’s objectives and basic principles and guides users through the entire process of a  transfer, including composing and evaluating a certificate. The tool is more interactive than a webpage and allows users to take quick, multiple-choice tests to assess how well they know the Framework Decision. The tool also has a map that display tips from national decision-makers, providing more jurisdiction-specific information. The platform is currently available in English and Spanish. Source: Steps 2, EuroPris 1.3. Framework Decision on probation and alternative sanctions Table 5: Overview of Framework Decision on probation and alternative sanctions Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Full title Deadline for 6 December 2011 implementation Full name (emphasis added) “on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions” Applicable to number of EU Member States 27 (UK not taking part) Source: The Framework Decision on probation and alternative sanctions enables Member States to transfer a probation measure or a sanction alternative to detention to another Member State, in which it will be monitored. The decision applies to the following measures: • • • • conditional releases following probation decisions; suspended sentences; conditional sentences; alternative sanctions. The decision does not apply to judgments involving deprivations of liberty. Measures that offer alternatives to pre-trial detention are dealt with by a parallel instrument, the Framework Decision on the ESO, which allows Member States to transfer the supervision of suspects or accused persons during criminal investigations and proceedings. The rationale behind the Framework Decision on probation and alternative sanctions is identical to that of the 1964 Council of Europe Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders:27 to facilitate the social reintegration of sentenced persons by allowing the measure imposed on them to be supervised in the state with which they have the closest ties. The Framework Decision provides for the following procedure: the issuing state forwards a judgment and, when applicable, a probation decision together with a standardised certificate. It is then for the executing state to recognize the judgment or the decision, and from this moment on, the executing state is responsible for supervising the probation measures or alternative sanctions. If needed, the executing state can adapt the measure in line with domestic provisions regarding similar offences; however, the measure should not be rendered more severe.28 The Framework Decision also provides for grounds for refusing recognition and supervision, which will be discussed in detail in Chapter 2.29 FRA, 2016 The Framework Decision on probation and alternative sanctions25 applies to post-trial situations in which 25 a  non-custodial punishment has been imposed or release on parole has been granted in one Member State, and these measures are transferred to another Member State for supervision. The Framework Decision facilitates recognition of these types of measures between Member States, with the goal of facilitating rehabilitation by allowing offenders to serve their sentences in an environment in which they have the strongest social and cultural connections and support or where they wish to work or study (see Table 5).26 Council Framework Decision 2008/947/JHA. 26 Council Framework Decision 2008/947/JHA, Art. 1 (1). 27 Council of Europe, European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, CETS No. 51, 1964. 28 Council Framework Decision 2008/947/JHA, Art. 9 (3). 29 Ibid., Art. 11. 29