Penitentiary Research Articles

ФАКТОРИ ДИНАМІКИ НАРКОЗЛОЧИННОСТІ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

A comparative analysis of the state of drug-related crime in penitentiary institutions and at the national level is carried out. The author identifies the main determinants that led to a sharp increase in the number of criminal offences committed in penitentiary institutions related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors. The author establishes that one of the main factors of the spread of drug-related crimes on the territory of the mentioned institutions is the possibility for convicts and persons taken into custody to illegally use mobile communications and the Internet to establish communication with criminal groups outside the institution engaged in the manufacture and distribution of narcotic drugs and psychotropic substances. Among the main factors of the sharp increase in the quantitative indicators of drug crimes and their prevalence in penal institutions are the concentration of a significant number of people who consume and distribute narcotic drugs and psychotropic substances, as well as the growing prevalence of synthetic narcotic drugs. The conditions that contribute to the spread of criminal offenses of this type include the detention of convicts in multi-bed dormitories, inadequate equipment of institutions with engineering and technical means of preventing the entry of prohibited substances into institutions for the execution of punishments. Based on the results of the research, the author came to the conclusion that in the last five years there has been a significant increase in the number of criminal offenses related to narcotic drugs and psychotropic substances, committed by groups of persons. This trend indicates the growing organization and scaling of this type of crime. The existence of criminal integration links and interdependence of drug crime at the national level and in institutions of execution of punishments is substantiated. Key words: convicts, deprivation of liberty, criminal offense, narcotic drugs, psychotropic substances, dynamics of drug crime, crime prevention, staff of penal institutions.

СТИМУЛЮВАННЯ ПРАВОСЛУХНЯНОЇ ПОВЕДІНКИ ЗАСУДЖЕНИХ ЯК ПРІОРИТЕТНИЙ ВЕКТОР РОЗВИТКУ ДЕРЖАВНОЇ ПОЛІТИКИ У СФЕРІ ВИКОНАННЯ КРИМІНАЛЬНИХ ПОКАРАНЬ ТА ПРОБАЦЇ

The article reveals the theoretical and applied foundations, essence and content of stimulating law-abiding behaviour of convicts. In particular, it is noted that every convict is a human being, has inalienable natural rights and human dignity, and his/her personality is formed in the society where he/she received genetic information, where he/she has violated the law, and where the offender’s unlawful behaviour and crime in general are determined, therefore it is the duty of civil society and the State to help him/her to form law-abiding behaviour. The article argues that the development of the State policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts is in line with the current progressive trends in legal understanding and legal culture, which are reflected in the documents of the United Nations, the Council of Europe, the case law of the European Court of Human Rights and the legislation of the most effective penitentiary policies in Europe, which emphasize the need to assist in developing the motives for law-abiding behaviour and to help in the development of the The article determines that negative trends in the current realities of crime and the execution of sentences, in particular, the absence of trends in reducing the number of prisoners and the number of prisoners per 100,000 population, as well as disappointing recidivism rates inherent in many European countries and the United States of America, determine the development of the state policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts. As an example, the author analyses the dynamics of crime and the number of prisoners in the Kingdom of Sweden for 2000-2023. The article also highlights the financial and economic feasibility of the presented concept. Key words: stimulation of law-abiding behaviour of convicts, state policy in the field of execution of criminal sentences and probation, penitentiary system, rehabilitation, reintegration, correction, convicts, prisoners, crime, recidivism.

ПРОБАЦІЙНИЙ НАГЛЯД ЩОДО НЕПОВНОЛІТНІХ У РОЗРІЗІ ЗМІН ДО ЧИННОГО ЗАКОНОДАВСТВА

The humanization of execution of punishment has become the main goal of reforming the penitentiary sector on Ukraine’s path to European integration. The penitentiary system changed with the adoption of the Law of Ukraine “On Probation” in 2015. The Law of Ukraine “On Probation”, which defines the principles of the national probation model, created in accordance with the probation standards set out in Recommendation CM/Rec (2010) 1 of the Committee of Ministers of the Council of Europe to Member States on the Council of Europe Rules on Probation. The law defines probation not only as an alternative type of punishment, but also as a measure of influence that has a criminal law and social and educational character. Supervision of the offender is one of the components of probation, and it is considered not only a control function, but also a means of counseling, assistance or motivation. A significant amendment to the Criminal Code of Ukraine is the introduction of a new type of punishment – probation supervision. Probation supervision is a punishment alternative to imprisonment. The peculiarity of probation supervision for juveniles is that this type of punishment is imposed for a period of one to two years. The article is devoted to characterizing the issues of implementation of probation measures in relation to juveniles in modern conditions, taking into account the changes to the current legislation of Ukraine. The concepts of “probation” as a new system of work with convicts and “probation supervision” as a new type of punishment are revealed. The reasons for the introduction of probation supervision into the current legislation are determined. The aspects of probation supervision in relation to juveniles are considered. The author defines the obligations that the court imposes on a convicted person subject to probationary supervision; the obligations that the court may impose on a convicted person subject to probationary supervision. The term of probationary supervision in respect of juveniles has been established. Key words: probation, probation system, probation body, probation for minors, probation supervision, complex impact, sentenced to probation supervision, duties of the convicted.

ПРЕВЕНТИВНА ДІЯЛЬНІСТЬ ОРГАНІВ ПРОБАЦІЇ В РОБОТІ З НЕПОВНОЛІТНІМИ ПРАВОПОРУШНИКАМИ

The development of probation in Ukraine is one of the main directions of reforming the penitentiary system. Probation helps to solve a number of issues in the field of correction and re-socialization of persons who have committed certain offenses and who have been given the opportunity by the state to reform and avoid being placed in places of detention. Among the subjects of probation, the category of “juveniles” requires special attention, as the results of the study confirm that probation authorities should intensify their work with them to prevent repeat offenses. While studying it was found that a number of measures should be added to the existing tasks of probation authorities to strengthen their preventive activities in working with juvenile offenders. The results of the study can be used in lawmaking and law enforcement activities during the probation of juveniles. Key words: juvenile probationers, probation authorities, repeat offense, preventive activity, probation, system of preventive measures, social and educational work.

COVID-19 Case Fatality Rates in the Texas Prison System.

The case fatality rate (CFR) is an important metric in the correctional setting because it permits assessment of the lethality of an infectious agent independent of its underlying variations in transmissibility and incidence. Several studies have reported that incarceration is associated with both increased COVID-19 incidence and mortality. CFR, sometimes referred to as infection fatality rate for COVID-19, was used to compare mortality in a population at two points in time. A retrospective cohort study design was used to assess age-adjusted mortality among people diagnosed with COVID-19 in the Texas prison system and the Texas nonincarcerated population from January 1, 2020, through December 31, 2021. For each 6-month period under study, the Texas prison population had a substantially lower age-adjusted CFR compared with the Texas nonincarcerated population. However, in the absence of information on underlying COVID-19 severity, comorbidities, and other potential confounding factors in these two populations, it is difficult to make strong inferences based on a comparison of their CFRs. Future research, with careful attention to bias and confounding, should examine the specific health system factors that may be used to reduce morbidity and mortality associated with infectious disease outbreaks in prisons.

Опыт организации лабораторных работ по физике как пример практико-ориентированного обучения

The article discusses the application of a practice-oriented approach to the training of cadets studying in the specialty 56.05.01 Logistics in educational organizations of the Federal Penitentiary Service of Russia. The requirements for the training of specialists in the rear services of the penal enforcement system are given. As an example of practice-oriented training, a methodology for organizing laboratory work in physics is proposed. The structure of the academic discipline and the specifics of its implementation in an educational organization are described. The concept of laboratory work, general issues of the organization of laboratory work and methods of their implementation are considered. The description of the methodological support of laboratory classes, the device of the applied laboratory layout, as well as the measuring equipment used is given. The stages of laboratory work, the order of assembly of the experimental installation by students, layouts of tables for entering empirical and calculated data, as well as the preparation of a report on laboratory work are described.

The Effect of Restorative Justice for Drug Users on The Overcapacity of Correctional Facility in Solo City

The problem of drug abuse has become a major challenge in many countries, causing the number of prisoners addicted to narcotics to increase and causing overcrowding in prisons. This article discusses the influence of restorative justice as an innovative solution in dealing with drug users and overcrowding in correctional facility. Restorative justice replaces the traditional punishment-focused approach with one that is oriented towards rehabilitation, reconciliation, and the active participation of drug users in the rehabilitation process. In addition, restorative justice can help reduce overcrowding in prisons by reassessing the detention approach to drug users. Alternatives such as community-based rehabilitation programs and electronic monitoring could be implemented to alleviate pressure on the overcrowded prison system. By combining restorative justice and prison reform, governments can create more sustainable and humane solutions to the complex challenges of drug addiction.

User studies ans its applicability for access to information provided by prisoners or egress from prisonal institutions

This paper aims to analyze the methodology of study of users so that it can be applied to provide access to information not only to the conventional user attended by librarians (researcher, teachers, students and the like), but also to those who are deprived of liberty or that have already acquired the status of serving your sentences, in the categories of persons arrested or egress from the prison system. The research comprises the narrative of these people as a unique documentary typology. Applies the search strategy construction methodology. In addition, the exploratory approach is employed in order to carry out the above research in the Information Science Database platform (BRAPCI). The research evokes the need to provide a user study application proposal appropriate to the respective user categories, based on their own reports for decision making, promotion and review of public policies.

Каторжники в местах заключения Вологодской области (1943–1954 годы)

This article studies the penitentiary treatment during the war and post-war years in the Vologda Region penal institutions of a specific category of convicts, namely, those sentenced to hard labour (katorga) for aiding the fascists by the Decree of the Presidium of the Supreme Soviet of the USSR No. 39 of April 19, 1943. Based on the analysis of archival documents and published sources, the following are considered: prisoner transport, placement of disabled and diseased convicts of this category in the region’s prisons, their material and living conditions as well as medical care during the sentence period. Moreover, attention is paid to the specifics of intelligence and operational work among the prisoners and additional regime restrictions applied to them. It is concluded that, since these people presented a particular threat to the state, irrespective of their physical condition they were kept in close confinement and deprived of a number of privileges given to the less dangerous categories of prisoners. The legal status of convicts during their sentence was determined by departmental normative legal acts; how well their requirements were met by the region’s penal institutions was continuously monitored by the local and central authorities of the NKVD–MVD of the USSR. In 1950, the convicts were relocated from Vologda Prison No. 1 due to its repurposing. The special penitentiary treatment of those sentenced to hard labour in Camp Department No. 6 in Novozero village, Belozersk district, was abolished in 1954 due to the revision of the punitive policy after Joseph Stalin’s death.

Den allmänna repressionsnivån och brottens relativa allvar

AbstractA recently proposed overhaul of Swedish criminal law is characte rized by calls for punitive reforms. The government cites changes in the perception of the severity of different crimes, the appropriate general level of repression, the balance between the interests of the penal system, and the function of punishment, as reasons for a more repressive criminal law. Yet the general level of repression and the impact of previous repressive measures in Sweden are relatively unknown. This article demonstrates what a more repressive criminal law would mean by providing an overview of punitive reforms proposed in Sweden between 2010 and 2023. Over 150 enacted punitive changes are identified, 81 of which were presented by the Ministry of Justice in connection to the judicial system. About 40 % of the total changes relate to the assessment of the seriousness of different crimes. This highlights the impact of the cited perceptions on the general level of repression and provides an empirical foundation for the discussion on punitiveness in Sweden.

Быт, нравы, образ жизни уголовных ссыльных в Восточной Сибири 80–90-х гг. XIX в.

Exile to Siberia during the late XIX century was a significant phenomenon in Russian history, particularly for convicted criminals. This article explores the daily experiences, cultural practices, and societal integration of penal exiles in Eastern Siberia during the 1880–1890s, shedding light on a neglected aspect of Russian social history. The mass exodus of individuals to Siberia, including criminals, was a prominent feature of Russia’s penal system in the XIX century. Despite its prevalence, scientific attention to the lived experiences of exiles, especially those with criminal backgrounds, has been limited. This article seeks to address this gap by examining the challenges and adaptations of penal exiles in Eastern Siberia. Penal exiles in Siberia encountered numerous challenges, including economic hardship, social stigma, and legal restrictions. The lack of financial resources often forced exiles into precarious living conditions, prompting many to resort to illicit activities or adopt a transient lifestyle. Moreover, the absence of familial support compounded the difficulties faced by exiles, highlighting the importance of social networks in adaptation and survival. The role of the family was crucial in the adaptation of penal exiles to Siberian life. However, familial ties were often strained by the challenges of exile, leading to familial fragmentation and isolation. Despite efforts to maintain familial cohesion, many exiles remained unmarried, further complicating their social integration and support networks. In conclusion, the study of the way of life, morals and lifestyle of penal exiles in Eastern Siberia during the 1880–1890s offers valuable insights into the complexities of Russia’s penal system and societal dynamics. By examining the experiences of exiles, researchers can gain a deeper understanding of the human impact of punitive policies and the resilience of marginalized communities in adapting to adverse circumstances.

Incarceration Trends in Italy Between Rising ‘Punitiveness’ and ‘Penal Moderation’

AbstractThe article analyses Italian incarceration trends and the impact of prison population increases on the criminal punishment system as a whole. “Correlating prison and community justice trends: an outline of net-widening” presents the interpretative framework and illustrates four events in recent Italian history that can be considered ‘breaking points’ if compared to the ordinary prison expansionism observed since the 1990s. Moreover, in comparing prison population and alternatives to imprisonment trends, it describes how the considerable expansion of community justice measures in the last ten years can contribute to shaping a net-widening scenario. “Imprisonment trends in Italy: restraint after the boom?” analyses the specificities of the Italian prison system compared to those of other European countries: overcrowding, pre-trial detention rates, migrants’ penal control, and short-term sentences. In the conclusions, we consider the extent to which the recent evolution of prison trends and some Italian specificities can be read in terms of increasing ‘punitiveness’ or, conversely, ‘penal moderation’.

ВИТОКИ СТАНОВЛЕННЯ І РОЗВИТКУ ПРАВОВОГО РЕГУЛЮВАННЯ ЗАПОБІГАННЯ МОБІНГУ В СИСТЕМІ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The issue of mobbing within the penitentiary system requires a comprehensive approach to studying the problem and addressing it within the state structure. For a long time in Ukrainian law, defining the concept of “mobbing” was challenging, leading to reliance on foreign experience, particularly in labor law. Ukrainian psychologists and managers, mirroring their foreign counterparts, emphasized the need for protection against mobbing, viewing it as an applied task requiring managerial resources like specialized training, mediation for conflict resolution, and the development of corresponding legal norms. The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (Harassment)” came into effect on December 11, 2022, introducing the term “mobbing” into Ukrainian legislation. The law defines mobbing as actions by employers or individual employees aimed at demeaning the dignity and reputation of an employee, encompassing psychological and economic pressure, electronic communication use, or creating a hostile work environment. Consequently, since 2022, “mobbing” in Ukraine is legislatively recognized as a negative phenomenon primarily in labor relations. In the context of the penitentiary system, legal relationships often intersect with labor law, and the internal labor market of the penitentiary system has its peculiarities, engaging convicts in socially beneficial work. The evolving legal regulation of mobbing prevention within the penitentiary system should be examined in three stages: legal inheritance (before 2005), legislative improvements (2005–2022), and new challenges (from 2022). The history of legal regulation in preventing mobbing in the penitentiary system demonstrates gradual improvements in Ukrainian and global legislation, adapting international standards to enhance working conditions and prevent mobbing. Continuous evaluation and enhancement of measures for mobbing prevention within the criminal-executive institutions are crucial for creating fair and dignified working conditions for employees in the Ukrainian penitentiary system. Key words: mobbing, State Criminal and Executive Service of Ukraine, legal regulation, prevention, legislation, employee.

ОКРЕМІ АСПЕКТИ ЗАБЕЗПЕЧЕННЯ БЕЗПЕКИ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

The article discusses the necessity of implementing admitted by the world community and enshrined in relevant international documents principles and norms of dynamic security as one of the forms of ensuring the security of penitentiary institutions and its implementation into the national legislation of Ukraine. In particular, the main aspects of comprehensive application of principles and forms of physical, procedural, and dynamic security are defined with the aim of transitioning from a punitive method of dealing with convicts to a rehabilitative one. The authors believe that during the study of these issues, it is necessary to outline the following questions: regarding physical security, it is a matter concerning modern approaches to equipping penitentiary institutions, modernization of perimeter security systems and other electronic security systems, physical barriers, means for localization and isolation, access control systems, means of identification and verification of people, video surveillance systems, the use of metal detectors, X-ray machines, and other detection devices; regarding procedural security, it is a matter concerning the regime as the main means of educational influence on convicts, especially related to the study of world practice regarding the organization of admission regime, search work, application of incentive and punitive measures, actions of personnel in case of emergencies while respecting the rights, freedoms, and legitimate interests of convicts; regarding dynamic security, it is a matter related to the introduction into the activities of penitentiary institution personnel of its principles and approaches in working with convicts, establishing trustful and positive relationships with them, forming interpersonal skills in personnel, and their training to resist manipulation by convicts, and so on. Key words: Penitentiary system, State Criminal and Executive Service of Ukraine, penitentiary institution, correctional colony, pre-trial detention center, security, physical, procedural, and dynamic security, convict, correction and resocialization, labor, convict labor, labor relations, ordinary and managerial personnel, discipline, responsibility, selection, conditions and terms of service.

The prison boom, local interpersonal violence, and domestic violence homicide

ABSTRACT The US prison system has exploded since 1970, dramatically reshaping social, political, and economic life in rural communities. Since 2000, roughly one in five rural Americans resides in a prison town. The prison boom is the largest public works project perhaps since the New Deal. Despite a growing interest in prison building, there is a dearth of research examining prison impact – the economic, political, and social costs and benefits for communities that result from building a prison. In this paper, we fill this gap by studying the relationship between prison impact – measured as binary prison presence and cumulative prison count – on violent crime, specifically, intimate partner and domestic violence homicide (IPV/DV). We explore the theoretical foundations for this relationship, including the economic, geographic, and social effects of prisons and correction officers as a high-risk group for perpetrating IPV/DV. Contrary to conventional wisdom, we find evidence of a negative association between prison impact and IPV/DV homicide, with an additional prison in the county corresponding with 0.04–0.12 fewer homicide events. While we are not advocating for prison building as a violence nor crime reduction strategy for communities, our findings complicate the policy consequences of the prison boom, especially in rural communities.

Respect for human rights in the Romanian penitentiary system. Good practices in international prison systems. Pro Universitaria Publishing House, Bucharest, 2024. Alexandru Petre

Respecting human rights in prison represents one of the most important issues when we speak about detention. The quality of prison life is depending on a series of factors, which can influence the behaviour of detainees. Romania is subject of criticism regarding the prison condition, with multiple convictions at European Human Rights Court and still the number of incidents are not higher than those happening in other countries with better detention conditions. The author presents the results of a research focused on the relation between prison service quality, detention condition and medical treatment of the inmates and their behaviour. The conclusion of his study complemented with the good practices identified at international level can represent a guide for improvement of practices and policies within prison service.

Exploring the use of Information System Management in Ugandan Prisons

The article explores the prison management information system in Uganda prisons. The article revealed that the management of prisons in Uganda is still poor due to the manual structure of the processes. However,the system has the scope to be developed as a distributed application where each implementation of PMS in different prisons can be connected and communicate with each other worldwide. In such a scenario a person sitting in Uganda can access the data of different prisons in and outside Uganda. This will make the whole system highly centralized as well as well connected. Most importantly, it will provide the end user who has the necessary security clearance a single portal where he/she can access prison records from all major prisons in Uganda where the PMS would be deployed thus making it a truly practical deployable application that can be used in prisons all over Uganda and other countries. Keywords: Automation, Database, ICT, Prison information management, Prison system

О реализации основных направлений информационного обеспечения ФСИН России

The article reveals the directions of information support for the Federal Penitentiary Service of Russia. Special attention is paid to modern technologies that can be applied to optimize the work of institutions and bodies of the penal enforcement system of the Russian Federation. The challenges faced by the information systems of the Federal Penitentiary Service of Russia are analyzed. The conclusion is made about the need for further development of the information support system of the Federal Penitentiary Service of Russia in accordance with the identified areas. The prospects for the development of automated systems and software complexes developed for the penal enforcement system of the Russian Federation are considered.

Organization analysis professional training of employees of the penal enforcement system

Organization analysis professional training of employees of the penal enforcement system

Forms of educational work in the context of the implementation of the Сoncept of educational work with employees of the penitentiary system of the Russian Federation for the period up to 2030

Forms of educational work in the context of the implementation of the Сoncept of educational work with employees of the penitentiary system of the Russian Federation for the period up to 2030