Post-incarceration social work, probation and mediation in France

Post-penitentiary care in France has a highly developed penitentiary and post-penitentiary care system. The post-penitentiary care system is an integral part of the whole system. From the history of the development of penitentiary care in France, we learn that since World War I, that is, since 1911, the entire system has been under the authority of the Ministry of Justice. The system initially consisted of penitentiary care and gradually deepened with a second area, which was post-penitentiary care. In 1999 the system underwent a significant reform. By decree No. 99-276 of 13 April 1999, the Criminal Code (Criminal Code of the French Republic) was amended. By this amendment, the then-existing institutions CPAL and SSE were abolished. CPAL — Le comité de probation et d'assistance aux libérés — loosely translated as the Probation and Assistance Committee for Released Prisoners, was an institution that provided support and assistance to released offenders and at the same time managed and supervised the execution of sentences outside correctional facilities. SSE — Les services sociaux éducatifs — loosely translated as the social-educational services, was responsible for the management of detention centers, educational facilities, and supervision of offenders sentenced to deprivation of liberty.

At present, after the 1999 amendment of the Criminal Code, there exists only one institution, SPIP - Services Pénitentiaires d'Insertion et de Probation, loosely translated as the System of Correctional, Insertion and Probation Services. Its creation and the restructuring of the old framework enabled greater efficiency in the monitoring system for convicted persons. SPIPs can provide care from custodial through educational measures up to release and reintegration into society. (SPIP Brochure).

"With the adoption of the law of 9 March 2004, whose aim was to adapt justice to developments in the growth and development of crime in France, SPIPs became the centre of a new system for allocating sentences. The goal is to prepare sentenced persons better for life in freedom in order to reduce recidivism." (SPIP Brochure).

Currently, there are 95 SPIPs in France and 6 in overseas territories. SPIPs have the capacity to care every day for 60,000 persons serving a sentence and 125,000 persons sentenced to types of punishment other than imprisonment.

LE SPIP Le service pénitentiaire d´insertion et de probation (SPIP Brochure) Services Pénitentiaires d'Insertion et de Probation, i.e. the System of Correctional, Insertion and Probation Services. SPIP falls under the authority of the Ministry of Justice. SPIP is managed by a director who is responsible for the entire operation of the organization. The director has under him regional branch directors. The regional director has under him directors of individual correctional institutions and/or a social services counselor.

The main objectives of SPIP are:

• Support the return of persons under justice supervision, imprisoned and non-imprisoned, to society,
• Ensure compliance with the conditions of sentence execution,
• Carry out preliminary rapid social assessments for court hearings,
• Ensure enforcement of court orders for non-custodial sentences,
• Report to courts on the progress of their orders and decisions,
• Help the judiciary decide sentencing and guilt more appropriately for the defendant by providing precise information about the state and conditions in which the defendant was at that time,
• Propose penalties to the authorities,
• Prevent the social deprivation of imprisoned persons,
• Maintain social and family ties of convicted persons,
• Help prisoners being released reintegrate into life.

SPIP cooperates with public institutions, municipalities, and private organizations.

Institutions providing health care, health oversight, and disease information are:

• Institutions caring for people with AIDS,
• Institutions caring for people with jaundice,
• The Red Cross,
• SMPR.

Educational institutions:

• GÉNEPI,
• CLIP,
• GRETA,
• FREP,
• FNARS,
• UFRAMA.

Others:

• ANPE,
• AFPA,
• INSTEP,
• OUSTAL,
• ACSPP.

SPIP competencies

SPIP competencies apply in the execution of custodial sentences as well as all other forms of sentence execution. In prisons, they make it easier for inmates to access social support (medical care, visits, education, contact with family, with special attention to inmates dependent on psychoactive substances). They care for convicted persons and adapt the execution and conditions of the sentence to their rehabilitation. All of this takes place directly in facilities; SPIP staff have free movement within the facilities. They report in each facility to its director. SPIP staff are responsible for ensuring that all their activities comply with the security regulations applicable in the institutions. Social workers maintain contact with internal and external social ties. They coordinate each action for their supervisees with various prison administration partners (medical staff, educational staff, associations, volunteers, etc.).

The working conditions of social workers in correctional institutions are based on the following principles (Accès au droit par le CDAD): Every social worker (from SPIP) receives a set number of supervisees to take care of. It is calculated on the basis of the capacity of the given facility. The worker is responsible for the profile of each supervisee. In addition, each worker must participate each year in some collective activities organized for inmates. Each worker has free movement across the institution in common areas, disciplinary areas, and accommodation areas during daytime hours (when cells are open, inmate movement is allowed). When a new supervisee arrives at the facility, each social worker receives their file, a complete profile from the facility director, and as soon as possible meets personally with the supervisee. SPIP staff volunteer in the various commissions existing in the facility and contribute their observations and ideas to its functioning. A social worker is responsible for preparing a visit room for visits by the convicted person's relatives. For children, the convicted person has the right to two family games. For the offender's social development, the social worker maintains contact with the family even outside the institution.

The behavior of social workers within the facility is reported to the director by facility staff. The social worker is subordinate to the prison director. The prison director can meet with the inmate at the request of the inmate, at the request of their social worker, or in exceptional cases. A social worker’s task is to be an advisor to the convicted person, help him understand his sentence, explain its reason and purpose, inform his family about it, ensure contact with family, educate the inmate, and make the sentence easier for him. They cooperate with the convicted person and submit reasons and evidence to the commission for sentence review. They submit proposals to it for sentence reductions. A staff member can work with the inmate through the sentence beyond imprisonment, for example on electronic monitoring outside institutions. The primary task of the worker is to assess the needs of the supervisee after release and prepare them for discharge. The basic criteria reviewed are employability, general education, professional education, and housing. For sentences outside correctional institutions, SPIP ensures compliance with sentence execution and informs institutions about execution. They ensure the implementation of the following penalties:

• Suspended sentence,
• Judicial supervision,
• Community service,
• Parole,
• Partial release,
• Placement outside institutions,
• Electronic monitoring.

Electronic monitoring of persons was defined by a law adopted in 1997. Testing began in 2000, and since 2003 it has been commonly used in judicial practice. Electronic monitoring is used for a term of up to one year.

With the adoption of the law of 12 December 2005, deployment of mobile electronic monitoring was made possible. This device allows localization of a person at any moment. It is used for sentences longer than 7 years.

From January 2012, SPIP added the obligation to prepare for each defendant a document on their criminal objectives. This is the fulfillment of the CPA project to create unique integration of offenders' criminal acts. Since March 2012, this assessment document must be standardized and identical for every French citizen defendant.

These are CPA projects: Developing a Methodology to Collect Data on Community Sanctions and Measures and Attrition Rates in Europe (DECODEUR CSM - started 2011). The project is funded by the European Union crime prevention programme (Decodeur CSM – started 2011): However, not everything in the care system for offenders functions as planned and written. Bernard Chaouat, in his book Reconstruire sa vie après la prison: Quel avenir après la sanction ? — Rebuilding Life After Prison: What Is the Future After Punishment? — set himself the goal of gathering perspectives on this topic. He wanted to understand the legal, judicial, and prison system that is so poorly known by his fellow citizens. He wanted to offer options to solve the social question of how to help released prisoners rebuild their lives after the punishment they served. He refers to the story of a prisoner released to freedom. At the moment of release he was 24 years old. He complains that the only thing he received at release was a document that entitled him to unemployment support of 390 €. He mocked other possibilities for development and support. There was no offer for education during the entire period of imprisonment. In order for an inmate to gain access to education, they must be sentenced to a minimum of 2 to 3 years of imprisonment. He spoke of overcrowding in prisons and the inability to cope with the situation. The work he could perform in the facility was unskilled assembly-line labor. He complained about the care system because the inmate reached a dentist for treatment only after three months. The author points to systemic problems. He cites the well-known phrase of President Valéry Giscard d'Estaing, who became the 20th President of the French Republic in 1974: "Prison is deprivation of liberty, nothing more, just deprivation of liberty." The system itself struggles with itself. It was in the seventies, but changes are progressing slowly. (Chaouat, 2011). Chaouat (2011, pp. 239–243) also points to the findings of Francis Théodore, a psychologist, about the destructive consequences of incarceration on mental health. He points out that many vulnerable individuals cannot cope psychologically with incarceration and turn to addictive and psychoactive substances.

Yves Perrier, in his April 2007 document headed Des comités de probation aux services pénitentiaires d’insertion et de probation – Probačný Výbor k SPIP — Fifty Years of Development — describes the development and stages. He points to changes after 1999 when SPIP was formed: the gradual introduction of changes into judicial practice. Much has changed and continues to change in penitentiary and probation care. He shows that nothing happens all at once. He believes that they are on a path that they can accomplish, but they need time. He points to training new social workers. He personally holds the view that the psychological state of convicted persons should be monitored more closely, that new types of sentences should be sought, and that more psychologists should be integrated into the prison system so offenders can be treated and released healthy and ready for reintegration into society.

Probation and mediation in France

The institution of mediation began to be used in France even before it existed and was defined by law. In 1989, this was already driven by institutions such as the Parents – Enfants - Médiation association — the basic initiative was the SOS Enfants du divorce movement. Associations Association Pour la Médiation Familiale (APMF) and Fédération Nationale de la Médiation Familiale (FENAMEF) were formed. These institutions emerged separately and were the result of efforts by "social workers" who were family law lawyers, therapists, psychologists, and social workers. They were inspired by a system that was developing in the USA in the 1970s. A result of their efforts were study visits in Canada, from where they brought back substantial knowledge thanks to a smaller language barrier and began applying it in practice.

Mediation in France is integrated into court procedure. A wide range of family issues is automatically addressed by mediation. Only in case of disagreement and failure of mediation does a court hearing follow. Mediation was officially recognized in France by Decree No. 95-125 of 8 February 1995 "relative à l'organisation des juridictions et à la procédure civile, pénale et administrative", which amended the organization and procedural law for civil disputes.

In the second chapter of civil law proceedings, the institution of mediation is defined. The most recent reform was made by Amendment No. 2011-1540 of 16 November 2008. By this amendment, Council Directive 2008/52/EC was introduced into the law.

Mediation in the French Republic is based on trust. Everything discussed and said during the mediation process is confidential and cannot be disclosed externally. It cannot be provided to a third party unless both parties agree. The principle of trust may be broken by the mediator only in two cases. If the psychological or physical state and development of the child are in danger. Also, if it is necessary to disclose the mediation agreement and procedures so that the agreement can be implemented. An agreement between the parties may be submitted to a judge, who then enforces it. A judge may appoint a mediator for a case. In such cases, the mediator informs the judge of the agreement, non-agreement, and, respectively, failure of mediation.

The costs of mediation are borne by the parties entering it. The parties may voluntarily agree on the proportion and amount of cost sharing. The time for performing mediation is set by the judge. The judge may reduce that time, extend it again, or suspend the mediation process, or terminate it at the request of the mediator or one of the parties.

According to the French Mediation Institute and the Mediator's Code of Deontology: The Mediator's ethics code is based on the 2004 European Code of Conduct for Mediators. However, this text does not include current progress in mediation practice. This mediator code presents contemporary mediation ethics and practice in France. It is a contribution of all who adopted it to improving the European mediation code.

Code of professional ethics for mediators

Preamble: Mediation, whether judicial or conventional, is a structured process based on the responsibility and independence of the participants, voluntariness, and the assistance of a third, neutral, independent person with no deciding or consultative authority, promoting confidential dialogue, creating and/or rebuilding relationships, prevention, and reconciling the parties in conflict. Organizations, natural persons, and legal entities signing this ethical code confirm their commitment to basic human rights and universal values, which are:

• Freedom,
• Independence,
• Neutrality,
• Impartiality/objectivity,
• Confidentiality,
• Responsibility.

Ethics refers to the mediator’s image—their practice and actions according to these values. Deontology establishes a set of rules and conditions in relationships between professionals/expert practitioners (among themselves), between professionals and persons seeking their services, and between professionals and institutions.

Mediation can be used:

• at the request of one or several concerned persons (conventional mediation),
• in judicial proceedings, at the request of authorities, lawyers, or participating parties.

Mediation is entrusted to an individual, the mediator. The code then consists of the following three parts:

1. Rules guaranteeing the quality of the mediator

The mediator acts within the bounds of the law and respects persons. The mediator must maintain the position of a third party and must constantly ensure that ethical and deontological conditions are continuously met throughout the mediation process.

• Education - the mediator must have, respect, and obtain all the mediator qualifications as determined by standards and laws. The mediator additionally participates in practical analysis meetings, updates and improves knowledge on both theoretical and practical levels through ongoing study and attendance at symposiums, conferences, and forums.

• Status of the mediator - the mediator is a facilitator. They must respect the following conditions:

• Independence - they must remain detached from all internal and external pressures on mediation, including, of course, when the mediator is subordinate.

• Neutrality - the mediator accompanies the process for the person without taking a personal position in the dispute. For this reason, the mediator engages in the work and the way it is carried out. The mediator regularly participates in collective meetings analyzing practice. It is recommended to include a supervisor.
• Impartiality - the mediator is committed not to favour one side or the other. They are forbidden to enter mediation with persons they know in private life, professional life, economic links, or other connections. The mediator is forbidden to have any direct or indirect financial interest in the outcome of mediation. They must decline mediation if someone in their working group acts, or could act, for one of the parties.
• Loyalty

2. Rules guaranteeing the mediation process and conditions

• Confidentiality – the mediator may not disseminate or pass on information learned during mediation. Only in a case where disclosure would help prevent a breach of public order. The mediator may not testify in court about information learned during mediation.
• Consensus - the mediator must ensure that the mutual consent of the parties is voluntary and clear. They must refuse any work if consent is fictitious. They are committed to providing clear information about the values and principles of mediation and its implementation conditions. They must verify that the information provided was correctly understood.
• Informing - before mediation begins, parties are informed about mediation, its functioning, and procedural conditions so that everything is understandable and clear to them.
• Mediation consent conventions - they must always be in writing and include a statement that this code will be respected. Such consent may include, among other things, the following points regarding the organization of mediation:
• The course of the process,
• The length of individual meetings,
• The place of meetings,
• The possibilities and circumstances under which individual talks may take place,
• The fee for mediation,
• The possibility to seek advice from other professionals,
• Conduct during mediation (respect, no violence...),
• Obligation of participating parties to confidentiality regarding presented information; this information cannot be used in a possible court case, whether pending or future.
• Course of mediation - mediation takes place in a neutral location.
• Termination of mediation - mediation can end through a written agreement (protocol), or an unwritten agreement of the parties. The protocol is a transcript of the points on which the participants agreed. Written documents are signed only by participating parties. Written agreements belong to the participants. They may have them certified/recognized by a court.

3. Responsibility and penalties

In addition to the responsibilities already mentioned in this text, the mediator also has the following:

• No duty to achieve a specific result.
• The mediator is the guarantor of a calm mediation process.
• They inform participants about what is happening throughout the mediation process, about the fact that they can ask for advice from other professionals. If there are doubts about implementation, the possibility of fulfilling the agreement, knowledge of a possible breach of public order, etc., they immediately call the participants to seek advice from someone professionally competent before committing to anything.
• They should try to convince the person who provided confidential information to share it with the other participants if needed for the progress of mediation.
• They must not be subject to sentencing and must not be ineligible under legal provisions.

Sanctions:

• By signing, the mediator confirms respect for this code. In case of non-compliance, the mediator is subject to removal from the mediation center or association in which they are a member.

Summary information on probation in France 1. General information

Number of inhabitants: 62.10 million in metropolitan France in 2008. Number of people in prison per 100,000 inhabitants: 100 Reference to probation service: www.justice.gouv.fr (French Ministry of Justice). Internet references: www.fnersidf.asso.fr (FNARS: the National Federation of Associations and Social Reinsertion). Member of CEP since 1982.

2. Characteristics of the probation service

The French probation service originally consisted of the committee for probation and assistance to released prisoners (CPAL) and the social-educational service responsible for the rehabilitation of inmates in the prison environment (SSE). In 1999, CPAL and SSE were combined into one entity and formed the Correctional and Probationary Prison Service (SPIP), a regional structure that includes the old social-educational SSE and old CPAL. Each department has its own SPIP, which means that France has around 103 Correctional and Probation Services. These services fall under the Prison Service, which is part of the Ministry of Justice. Each SPIP department has its headquarters and one or more branches. Branches are operational units of SPIP, created to serve both prisoners and courts. SPIP works with adults and minors (persons under 18 years).

3. Tasks

General tasks of probation services (SPIP) with respect to inmates are:

• Preventing isolation caused by imprisonment.
• Supporting the maintenance of relationships with family and friends,
• Helping prepare inmates for social reintegration,
• Helping, at the court’s request, in preparation for judicial decisions; the service may be responsible for conducting investigations and measures before sentencing,
• Conduct investigations into material issues (including, inter alia, illiteracy, hardship, drug dependence), family and social matters, take tailored measures, and also support personal rehabilitation.

• When the sentenced person is not imprisoned (for example, measures restricting liberty), SPIP’s tasks are the following:

• Supervise the execution of probationary sentences and alternative measures.

• Develop the implementation of an electronic monitoring plan.
• Evaluate sentence execution and consider modifications of implementation if the situation requires it.
• Provide assistance in support of social reintegration of prisoners.
• Regularly report to judicial authorities on how the measures are being implemented.

4. Number of employees working in SPIP

Different SPIP departments are managed by the director of the correctional and probationary services (84 DSPIP), who reports to the regional director of prison services. People assisting the DSPIP are:

• 115 directors of rehabilitation and probation (DIP),
• 162 heads of correctional and probation services (CSIP),
• 2,593 prison social workers (CIP), who are rehabilitation and probation counselors or social workers,
• 473 administrative staff.

The daily average number of clients is 62,252 inmates (convicted and detained) and 159,232 convicted persons without a custodial sentence. The number of volunteers is 10,295.

5. New developments

A project involving mobile GPS monitoring started in 2005. The new organization is in the experimental phase in 11 of 103 SPIP and has two main objectives: - To strengthen SPIP’s influence by integrating it into probation policy through methods of appropriate individual monitoring. - To increase SPIP’s readability for partners working on preventing recidivism.

Tab. 1 Probation during different phases of criminal proceedings, France

The basis of this summary is a chapter in the book Probation in Europe, which provides the most comprehensive overview of probation systems and services in Europe today (CEP, European Probation Center).

Author: PhDr. Ladislav Roman, PhD. References

CHAOUAT, B. 2011. Reconstruire sa vie après la prison: Quel avenir après la sanction ? Vydavateľ : Editions de l´Atelier, 2011. 255 s. Accès au droit par le CDAD, [online] [cit.24.06.2012] available at: http://www.cd-muret.justice.fr/spip.html

CEP european probation centre, [online] [cit.24.06.2012] available at: http://www.cepprobation.org/uploaded_/files/37cc56da0da55a1d70567e73b0476377

Developing a Methodology to Collect Data on Community Sanctions and Measures and Attrition Rates in Europe (DECODEUR CSM - started 2011) [online] [cit.24.06.2012] available at: http://ec.europa.eu/dgs/home-affairs/financing/fundings/security-and-safeguarding-liberties/prevention-of-and-fight-against-crime/index_en.htm

Explanatory report. Draft law on probation and mediation officers and on amendments and supplements to certain laws – revised version. [online] [cit.24.06.2012] available at: www.justice.gov.sk

Code of ethics of deontology (Mediator), [online] [cit.25.06.2012] available at: http://www.institut-francais-mediation.fr/code-de-deontologie-du-mediateur.php

European Union. 2007. Lisbon Treaty. Official Journal of the EU (2007/C 306/01-271). ISSN 1725-5236. [online] [cit.15.06.2012] available at: http://www.socialworkers.org/pubs/code/code.asp

French Mediation Institute, [online] [cit.24.06.2012] available at: http://www.institut-francais-mediation.fr/index.php

LE SPIP Le service pénitentiaire d´insertion et de probation [online] [cit.23.06.2012] available at: http://www.justice.gouv.fr/art_pix/BrochureSPIP.pdf French Criminal Code, [online] [cit.21.06.2012] available at: http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000211204&dateTexte=&categorieLien=id

Used acronyms (organizations):

ACSPP - Association culturelle et sportive post-pénale - Financial support for cultural and sports associations and post-penitentiary care in France AFPA - Association pour la formation professionnelle des adultes - Association for obtaining professional education for adults in France AMS - Association of Slovak Mediators ANPE - Agence Nationale Pour l'Emploi - Employment agency in France ARK - Alternative Conflict Resolution CEP - European Probation Center CLIP - Prison Information Technology Center in France CPAL and SSE. CPAL - Le comité de probation et d'assistance aux libérés – Probation and assistance committee for released persons in France FNARS - La Fédération nationale des associations d'accueil et de réinsertion sociale - National association for social inclusion in France FREP - Fédération des Relais Enfants-Parents - Federation of parent-child relationships in France GÉNEPI - Le groupement étudiant national d'enseignement aux personnes incarcérées - Educational institution in France GR ZVJS - General Directorate of the Prison and Judicial Guard Service GRETA - Groupement d´établissements publics locaux d´enseignement organisant des actions de formation continue pour adultes - System of public facilities for adult continuing education ICCPPC - International Commission of Catholic Prison Pastoral Care INSTEP - Organisme régional d´insertion socio-professionnelle - Regional organization for social and professional integration in France OUTSTAL - Association pour l´insertion et la resocialisation - Association for placement and resocialization cooperating with the shelter system in France SMPR - Le service médico-psychologique régional - Regional medical and psychological service in France SPIP - Services Pénitentiaires d'Insertion et de Probation – System of Correctional, Insertion and Probation Services SZO - World Health Organization of adults in France UFRAMA - Union national des federations regionals des maisons d’ acceuille des maisons d'acceuill de Familles et proches de personnes incarcerees - National union of regional federations of reception centres for families and relatives of incarcerated persons WHO - World Health Organization – World Health Organization