Chapter 2 Austria - CEP, the European Organisation for Probation

1.2.4 One national organization - a number of decentralizedassociationsToday, we take it as logical and self-evident that statutory probation services areperformed by a single organization throughout Austria, a system that providesmany advantages, such as a uniform, high professional standard, or considerableweight in crime policy. But first, in 1968, the Constitutional Court(Verfassungsgerichtshof) was called upon to rule whether probation fell underthe jurisdiction of the federal government or of the provinces. According to theCourt’s decision, probation falls under the jurisdiction of the federal government.Therefore the Ministry of Justice is responsible for probation service and not thenine provinces of Austria. After years of having two associations organising anddoing probation work, the Ministry decided in 1999 to contract only withNEUSTART as their single partner.1.2.5 Assistance for delinquents - repression and controlThe vision and mission of NEUSTART places support of offenders or victims inthe centre of its tasks. Therefore, most of the persons employed are socialworkers by profession. NEUSTART would not carry out services focusing oncontrol measures only. On the other hand it is obvious that the notion of aprobation service not only includes assistance but also an element of control.1.3 Probation activities in a nutshellIn Austria the court or the public prosecution orders probation activities. Thecourt orders that probation services are provided when a delinquent is given aconditional sentence (bedingte Verurteilung) or a conditional release (bedingteEntlassung). Public prosecutors may order probation activities until thebeginning of the trial phase, provided that the client consents. Most of theprobation activities comprise assistance to individuals; however, group work isalso possible. Specific standards in support programmes are compulsory forcertain target groups (defrauders, refugees, stalkers, drug addicts etc.). Violentoffenders are enrolled in anti-violence training.Every probation activity starts with a detailed case history. It forms the basisfor the choice of support programme and the focal points in support work.Support activities are planned in the form of work concepts with support goalsand stages of work, which are continuously reviewed. NEUSTART is not only incharge of probation activities throughout Austria but also carries out thefollowing other socially constructive measures in penal matters:- mediation in penal matters (Außergerichtlicher Tatausgleich or short ATA) forcompensation between offender and victim (Act on Diversion Measures; forjuveniles since 1985, for adults since 1992);- acting as an intermediary for community service (Gemeinnützige Arbeit)under the Diversion Act, since 2000;- aftercare (Haftentlassenenhilfe) offered to persons released from prison whoare not on probation (post-release aftercare) on a voluntary basis (since 1975)