Probationary liberty under supervision

The purpose of probationary liberty is to maintain and promote prisoners’ abilities to reintegrate into society through a planned and gradual release.

Although not formally classified as a community sanction, probationary liberty under supervision is similar in nature. Its enforcement requires cooperation between the prison and the probation office, particularly when conditionally released prisoners are placed under supervision.

Prerequisites

The Prison and Probation Service decides on prisoners’ placement in probationary liberty under supervision. The prison where the sentence is being served assesses whether the prerequisites are met and makes necessary preparations. In general, every prisoner’s suitability for probationary liberty is assessed. The prerequisites are the following:

• probationary liberty supports the implementation of the sentence plan;
• the prisoners are deemed likely to comply with the conditions of probationary liberty based on their behaviour during the sentence term and their personal characteristics and criminal history;
• the prisoners have access to a place of residence suitable for the enforcement of probationary liberty or other suitable place where they are placed for treatment, rehabilitation or other similar reason;
• the prisoner consents to being placed in probationary liberty under supervision;
• the prisoner consents to the Prison and Probation Service contacting relevant authorities, private organisations and persons involved in the enforcement of probationary liberty in matters concerning the prerequisites for probationary liberty or compliance with the conditions, and to those parties informing the Prison and Probation Service of any violation of the conditions, notwithstanding non-disclosure provisions;
• the prisoner consents to the Prison and Probation Service assessing the suitability of the place of residence and the place of activity for the enforcement of probationary liberty.

Placement in probationary liberty requires that the adults living at the same place of residence with the prisoner consent, of their own free will, to the enforcement of the probationary liberty at the place of residence In addition, the opinion of under 18-year-old persons living in the same place of residence as the prisoner must be established. Underage persons are heard in cooperation with the child welfare authorities.

Prisoners sentenced for sexual offences may be required to commit to pharmacotherapy prescribed by a physician of the Health Care Services for Prisoners to prevent new sexual offences and to the control of pharmacotherapy. In addition, they may be required to commit to psychosocial care and support. Compliance with the conditions for pharmacotherapy and any other support also applies to conditional release.

Obligations

Before probationary liberty begins, the prison prepares a sentence plan, which outlines the content, conditions and weekly schedule. The main obligations include remaining at the place of residence or other location they are placed for treatment, rehabilitation or other similar reason, and participating in the activities as specified in the sentence plan.

Persons placed in probationary liberty under supervision must remain at their place of residence as specified in the sentence plan and weekly schedule, typically between 21.00 and 6.00. They must participate in the activities specified in the sentence plan for at least five hours a week. The activities may include work, education, rehabilitation, supervision appointments, or other activities that maintain their functioning ability and social skills and can be supervised.

Persons placed in probationary liberty must not use alcohol, drugs or doping substances or be under the influence of any intoxicating substances. They are required to take a breath test or provide a saliva or urine sample upon request. The sentence plan may include various support measures to promote abstinence.

If persons placed in probationary liberty breach their obligations, a competent official of the prison or the probation office may issue a reprimand or warning. Serious breaches may result in the revocation of probationary liberty temporarily or permanently, but only for the part not yet served. A breach is considered serious if they commit a new offence, repeatedly breach the obligations despite a warning, or show clear disregard for serving of the sentence properly.

Supervision

The officials of the prison and the probation office supervise persons placed in probationary liberty with technical devices, which are installed in their place of residence or other placement location, given into their possession, or worn on the body. Supervision includes visits to the sentenced persons’ home and activity place, supervision appointments and other contact with the probation office. The level of supervision is assessed on an individual basis.

Probationary liberty under supervision ends when persons placed in probationary liberty are conditionally released or have completed their prison sentence.

Act on Probationary Liberty under Supervision (629/2013) (finlex.fi).