Chapter 2 Austria - CEP, the European Organisation for Probation

groups of clients, such as sexual offenders, defrauders, violent offenders, stalkersetc. Depending on the risks and expectations of the courts the guidelines alsoinclude compulsory supervisory actions.In addition to the probation order the court has a wide discretion to issueother 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 the court atcertain intervals, or to avoid certain places. An order to undergo withdrawaltreatment or psychotherapeutic treatment can only be issued with the consent ofthe offender. The probation worker must submit a written report to the court nolater than six months after the issuance of the probation order as well as at itstermination. Additional reports are only required upon request of the court or ifthe probation worker deems it necessary to disengage from a specific probationcase. Regular contents of the reports contain information if the client stays incontact with the probation worker, if he fulfils certain court others (for example ifhe meets his psychotherapist) and in general if there is a progress to build up alive free of offending. As a result the judge might to impose an unconditionalsentence, if the client refuses to comply with his obligations.4.4 Post-release phase4.4.1 Probation work after conditional release (bedingte Entlassung)fromcustodyIn case of conditional release from custody probation can be ordered by the judgefor juveniles and adults after at least one half or two thirds of the sentence hasbeen served. At the 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 the generalpractice in Austria that a conditional release after serving half of the sentencehardly ever occurs. Conditional release after serving two thirds of the sentenceonly occurs in 20% of the cases. For juveniles such a release is nearly alwaysaccompanied by a probation order, whereas probation orders for adults areusually only issued for first offenders, or particularly “dangerous” offenders. It isthe objective of probation work with conditionally released persons to providepsychosocial support for 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 for persons who weresentenced to an unconditional fine that they were. Instead of being taken intocustody for non-payment of the fine it is possible to work for 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