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Improving the Implementation of the European Rules on Community Sanctions and Measures

NCJ Number
198284
Date Published
April 2002
Length
88 pages
Annotation
This publication contains the text of Recommendation Rec(2000)22, adopted by the Committee of Ministers of the Council of Europe on November 29, 2000, with the aim of improving the implementation of the European Rules on community sanctions and measures; this publication also contains a commentary on the recommendation, a number of explanations of the European Rules, and a report on how to achieve a wider and more effective use of the community sanctions and measures.
Abstract
In the 8 years since Recommendation No. R (92) 16 on the European Rules on community sanctions and measures was adopted, much has occurred to increase the significance of those sanctions and measures. Notably, developments in the supervision of offenders in the community have greatly increased the possibility of dealing effectively with them. For the most part, the original European Rules on community sanctions and measures are still relevant; however, a number of issues identified by member governments called for additional explanations and interpretations. Recommendation Rec(2000)22 contains an amendment to Rule 5 as well as a set of guiding principles for achieving a wider and more effective use of community sanctions and measures. The amendment to Rule 5 specifies that ordinarily no community sanction or measure shall be of indeterminate duration, except in cases of offenders who, by reason of a serious prior or current offense in combination with a specific personal characteristic, manifestly pose a continuing threat to life, health, or safety in the community. Further, the amendment to Rule 5 states that the duration of community sanctions and measures shall be fixed by the authority empowered to make the decision within the limits and under the conditions laid down in law. Guiding principles for achieving a wider and more effective use of community sanctions and measures are presented under the topical categories of legislation; sentencing practice; basic requirements for the effective implementation of community sanctions and measures; improving the credibility of community sanctions and measures; setting up effective programs and interventions; and research on community sanctions and measures. The principles are followed by further interpretations and explanations of certain of the European Rules on community sanctions and measures.