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Chapter 2 Austria - CEP, the European Organisation for Probation

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groups of clients, such as sexual offenders, defrauders, violent offenders, stalkersetc. Depending on <strong>the</strong> risks and expectations of <strong>the</strong> courts <strong>the</strong> guidelines alsoinclude compulsory supervisory actions.In addition to <strong>the</strong> probation order <strong>the</strong> court has a wide discretion to issueo<strong>the</strong>r orders (dictates and prohibitions) that have to be complied with. A personmay, e.g., be ordered to take up residence in a given place, to contact <strong>the</strong> court atcertain intervals, or to avoid certain places. An order to undergo withdrawaltreatment or psycho<strong>the</strong>rapeutic treatment can only be issued with <strong>the</strong> consent of<strong>the</strong> offender. The probation worker must submit a written report to <strong>the</strong> court nolater than six months after <strong>the</strong> issuance of <strong>the</strong> probation order as well as at itstermination. Additional reports are only required upon request of <strong>the</strong> court or if<strong>the</strong> probation worker deems it necessary to disengage from a specific probationcase. Regular contents of <strong>the</strong> reports contain in<strong>for</strong>mation if <strong>the</strong> client stays incontact with <strong>the</strong> probation worker, if he fulfils certain court o<strong>the</strong>rs (<strong>for</strong> example ifhe meets his psycho<strong>the</strong>rapist) and in general if <strong>the</strong>re is a progress to build up alive free of offending. As a result <strong>the</strong> judge might to impose an unconditionalsentence, if <strong>the</strong> client refuses to comply with his obligations.4.4 Post-release phase4.4.1 <strong>Probation</strong> work after conditional release (bedingte Entlassung)fromcustodyIn case of conditional release from custody probation can be ordered by <strong>the</strong> judge<strong>for</strong> juveniles and adults after at least one half or two thirds of <strong>the</strong> sentence hasbeen served. At <strong>the</strong> same time a probationary period of 1 to 3 years will bespecified. Deviant offenders (geistig abnorme Rechtsbrecher) who have beensentenced to custody in a special penitentiary institution are as a rule onlyreleased with a probation order and a 10-year probation period. It is <strong>the</strong> generalpractice in <strong>Austria</strong> that a conditional release after serving half of <strong>the</strong> sentencehardly ever occurs. Conditional release after serving two thirds of <strong>the</strong> sentenceonly occurs in 20% of <strong>the</strong> cases. For juveniles such a release is nearly alwaysaccompanied by a probation order, whereas probation orders <strong>for</strong> adults areusually only issued <strong>for</strong> first offenders, or particularly “dangerous” offenders. It is<strong>the</strong> objective of probation work with conditionally released persons to providepsychosocial support <strong>for</strong> leading a life free of offending and punishment. 34.4.2 Community service to replace custody after non-payment offinesCurrently a pilot project is testing community service <strong>for</strong> persons who weresentenced to an unconditional fine that <strong>the</strong>y were. Instead of being taken intocustody <strong>for</strong> non-payment of <strong>the</strong> fine it is possible to work <strong>for</strong> a variety of nonprofitorganisations. Four hours of community service can replace one day ofsuch a custodial measure in lieu of payment. The pilot project is carried out in 53See trial phase; tasks and objectives

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