Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as genderneutral terms, e.g. chairperson .
The Saeima
1 has adopted and the President has proclaimed the following Law:
Chapter I
General Provisions
Section 1. Terms Used in this Law
The following terms are used in this Law:
1) voluntary probation employee — a person who is authorised by the State
Probation Service to execute a specific task;
2) mediation — a process of negotiations in which the victim and probation client shall participate and in which the help of a mediator shall be used, in order to rectify the consequences of a criminal offence and to reach a settlement between a victim and a probation client;
3) pre-sentence report — information prepared by the State Probation Service which characterises a probation client;
4) aftercare
— a set of measures for integration into society after the serving of a basic sentence in prison;
5) probation — supervision of a probation client and the correction of his or her social behaviour for purposes of prevention of repeated violations of the law;
6) a probation client — a person who is serving a sentence in prison or has been released from a deprivation of liberty institution after the serving of a sentence and has entered into an agreement with the State Probation Service regarding receipt of postpenitentiary aid, as well as a person who has been conditionally released from criminal liability, a person upon whom a suspended sentence has been imposed or a person conditionally released prior to the completion of his or her basic sentence if duties prescribed by law have been imposed upon him or her;
7) social rehabilitation centre – an institution which meets the requirements set forth for social rehabilitation institutions and the main task of which is to carry out the correction of the social behaviour of probation clients;
8) correction of social behaviour – a set of measures organised methodologically, the aim of which is to integrate a person into society;
9) mediator – a specially trained person for performing the settlement process;
10) supervision – measures in order to integrate a probation client into society and to ensure that a probation client respects the requirements of the norms of the law; and
11) plan of supervision – a document in which the procedures for implementation of the supervision of a probation client has been set out.
1 The Parliament of the Republic of Latvia
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

Section 2. Scope of Application of this Law
This Law prescribes the principles of probation, the structure, competence and functions of the State Probation Service, as well as the legal status, rights and duties of the staff of the State Probation Service.
Section 3. Principles of Probation
The work of the State Probation Service shall be organised based on the following principles:
1) the principle of co-operation – the basis of probation work is the organisation and promotion of co-operation between institutions for the purpose of optimally and in conformity to a common policy to involve and utilise the resources of the State, local governments and public organisations for the implementation of probation;
2) the principle of optimisation – probation work shall be organised in such a way that it rationally utilises the functions of probation, delegating them to the relevant local governments and public organisations and reserving the right to determine the criteria for the performance of such functions and to control the performance of these functions; and
3) the principle of social integration – performing the supervision of probation clients and the correction of their social behaviour, shall ensure the integration into society of such clients.
Chapter II
Organisation and Staff of the State Probation Service
Section 4. The State Probation Service
(1) The State Probation Service is a State administrative institution under the supervision of the Ministry of Justice, which puts into effect State policy in the supervision of probation clients and the correction of their social behaviour, as well as performs other functions specified in this Law.
(2) In the composition of the State Probation Service are the State Probation Service
Administration and the territorial divisions of the State Probation Service.
(3) The Cabinet shall approve the by-laws of the State Probation Service.
(4) The State Probation Service shall have a seal with the supplemented lesser State coat-ofarms and the full name of the institution, as well as the emblem of the Service.
Section 5. Staff of the State Probation Service
The staff of the State Probation Service shall be public servants and employees. The head of the State Probation Service shall determine the positions of public servants after coordination with the State Civil Service Administration.
Section 6. Functions of the State Probation Service
The functions of the State Probation Service shall be as follows:
1) to provide a pre-sentence report regarding a probation client;
2) to organise the development of a social behaviour correction programme and to ensure the performance of preventive measures;
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2

3) to co-ordinate the implementation of the criminal penalty – compulsory work;
4) to supervise the implementation of those decisions connected with the public work of minors;
5) during a term of probation to supervise persons against whom a criminal matter has been terminated, conditionally releasing them from criminal liability;
6) to co-operate with prisons, preparing persons for release from the serving of a sentence of deprivation of liberty;
7) to supervise persons upon whom a suspended sentence has been imposed and who have been conditionally released before term from prison; and
8) to provide post-penitentiary aid to persons released from prison.
Chapter III
Rights and Duties of a Probation Client
Section 7. Duties of a Probation Client
A probation client has the following duties:
1) to perform the duties specified in the judgement of a court;
2) to fulfil the lawful requests of officials of the State Probation Service;
3) to provide truthful information to officials of the State Probation Service; and
4) to use the assistance provided in conformity with the intended purposes thereof.
Section 8. Rights of a Probation Client
A probation client has the right:
1) to request and receive information regarding the implementation procedures of the judgement of a court;
2) to request and receive information regarding possible assistance;
3) to request and receive information regarding his or her rights;
4) to utilise the social behaviour correction services offered by the State Probation
Service; and
5) to apply for and participate in social behaviour correction programmes.
Chapter IV
Co-operation, Competence and Financing of the State Probation Service
Section 9. Co-operation Institutions of the State Probation Service
The State Probation Service, in accordance with its competence and regulatory enactments, shall co-operate with State and local government institutions and public organisations.
Section 10. Co-operation of the State Probation Service with Social Rehabilitation
Centres
(1) The State Probation Service, based on mutually entered into agreements, shall co-operate with social rehabilitation centres.
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(2) The State Probation Service, in conformity with the appropriation granted for each year in the Law On the State Budget, shall ensure the participation of the State in the financing of social behaviour correction measures intended for probation clients.
Section 11. Competence of the State Probation Service in the Co-ordination of the
Performance of the Criminal Penalty – Compulsory Work
The State Probation Service shall co-ordinate the performance of the criminal penalty
– compulsory work – in accordance with the procedures prescribed by the Cabinet.
Section 12. Competence of the State Probation Service in the Supervision of Persons upon whom a Suspended Sentence has been Imposed and who have been
Conditionally Released before Term from Prison
(1) The State Probation Service, on the basis of a court adjudication that has come into legal effect, shall supervise persons upon whom a suspended sentence has been imposed and who have been conditionally released before term from prison.
(2) The State Probation Service shall inform regarding the implementation of a court adjudication the court which has rendered the judgement or taken the decision.
(3) The State Probation Service shall, in the cases specified by the Criminal Procedure Law, prepare submissions to a court and participate in the examination thereof in the sittings of the court.
Section 13. Competence of the State Probation Service in Mediation
(1) The State Probation Service shall ensure the possibility for a victim and a probation client to engage voluntarily in the process of mediation.
(2) The State Probation Service, in implementing mediation, shall perform the following functions:
1) perform the training of the mediator;
2) provide information to the performer of the procedure regarding the possibilities to implement mediation and the purpose of such settlement;
3) implement the process of mediation;
4) inform the performer of the procedure regarding the results of the mediation; and
5) shall provide information to the public, victims and probation clients regarding the possibilities of implementing mediation and the aims of such settlement.
Section 14. Co-operation of the State Probation Service with Prisons
(1) The State Probation Service, in co-operation with prisons and other State and local government institutions:
1) shall promote the social behaviour correction of persons to be released during the serving of a sentence and the integration of such persons into society after the serving of a sentence of deprivation of liberty;
2) shall provide persons who need assistance after the serving of a sentence, agreeing with them regarding the procedures for the receipt of assistance and type of assistance; and
3) shall develop and carry out programmes for social behaviour correction intended for convicted persons.
(2) The State Probation Service is entitled to request and receive from prisons information regarding:
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4

1) the preparation for release and the release of a convicted person;
2) instructional work to be performed and performed with convicted persons; and
3) persons for whom the administrative commission by a decision thereof has proposed that the court conditionally release before the serving of the term of the sentence.
Section 15. Competence of the State Probation Service in the Provision of Aftercare
(1) The basis for the provision and receipt of aftercare shall be an agreement in writing between the State Probation Service and a convicted person.
(2) The State Probation Service after agreement with a probation client may:
1) provide information regarding the possibilities to obtain temporary accommodation for persons without a place of residence;
2) help to find publicly useful employment;
3) help to obtain personal identification documents;
4) offer participation in probation programmes; and
5) provide consultations regarding possible solutions to problems in respect of integration into society.
(3) The State Probation Service shall inform the Orphan’s court (Parish court) regarding minor persons released from prison and who do not have parents or guardians, as well as in co-operation with the Orphan’s court (Parish court), the social assistance service and other involved authorities shall perform measures in order to resolve the problems of the referred to persons.
Section 16. Database of the State Probation Service
(1) The State Probation Service shall compile information regarding probation clients.
(2) The Cabinet shall prescribe the amount of information to be included in the database of the State Probation Service, as well as the procedures for inclusion and the utilisation thereof.
Section 17. Pre-sentence Report
(1) The State Probation Service on the basis of a request from a court or public prosecutor shall prepare a pre-sentence report regarding a probation client.
(2) A pre-sentence report shall be approved by the head of the State Probation Service, or his or her deputy or the head of the territorial division of the State Probation Service.
(3) In a pre-sentence report shall be included a characterisation of the probation client and an evaluation of his or her social circumstances, as well as the opinion of the State Probation
Service regarding the relevant person.
Section 18. Financing of Operations of the State Probation Service
The State Probation Service shall be financed from the State budget.
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5

Chapter V
Advisory Council of the State Probation Service
Section 19. Establishment of the Advisory Council of the State Probation Service
(1) In order to facilitate optimal co-operation between institutions in the implementation of a common policy in the field of probation, an Advisory Council of the State Probation Service shall be established. The Advisory Council has territorial divisions.
(2) The procedures by which the meetings of the Advisory Council and the territorial divisions thereof shall be convened, the work of the Council and the territorial divisions thereof shall be organised, as well as by which representatives of other institutions shall be invited, shall be determined by the Cabinet.
Section 20. Composition of the Advisory Council of the State Probation Service
In the composition of the Advisory Council of the State Probation Service there shall be:
1) a representative of the Supreme Court;
2) a representative of the Office of the Prosecutor General;
3) a representative of the Ministry of Justice;
4) a representative of the Union of Local and Regional Governments of Latvia;
5) a representative of the State Probation Service administration;
6) a representative of the Prisons Administration; and
7) a representative of the State Police.
Section 21. Composition of a Territorial Division of the Advisory Council of the State
Probation Service
(1) In the composition of a territorial division of the Advisory Council of the State Probation
Service there shall be:
1) a representative of the district (city) Office of the Prosecutor;
2) a representative of the district (city) court;
3) a representative of the district (city) State Police;
4) a representative of the local government; and
5) a representative of the territorial division of the State Probation Service.
Chapter VI
Legal Status of Civil Servants and Employees of the State Probation Service
Section 22. Requirements to be met by Civil Servants and Employees of the State
Probation Service
(1) Persons who comply with the requirements of the State Civil Service Law may apply for the position of civil servant of the State Probation Service.
(2) Persons may apply for the position of an employee of the State Probation Service:
1) who have at least a general secondary education; and
2) whose personal character, skills and previous work experience conform to the requirements set out for the position.
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 6

Section 23. Voluntary Probation Workers
(1) Persons who have expressed the wish to participate in the implementation of probation tasks, who have participated in consultations with the officials of the State Probation Service and have received an opinion that they can perform certain probation tasks may become voluntary probation workers.
(2) The State Probation Service shall enter into collaboration agreements with voluntary probation workers.
Section 24. Certificates and Distinguishing Marks of Civil Servants and Employees of the State Probation Service
(1) A service identification document and badges shall be issued to civil servants and employees of the State Probation Service.
(2) A voluntary probation worker’s certificate shall be issued to voluntary probation workers.
Section 25. Rights of Civil Servants and Employees of the State Probation Service
Civil servants and employees of the State Probation Service have a right:
1) to request that a probation client fulfil the duties set out in the judgement of the court;
2) to control how a probation client in accordance with a plan of supervision is fulfilling the requirements drawn up for him or her;
3) to receive information regarding a probation client;
4) to request that a probation client present a personal identification document;
5) to invite a probation client to appear at the office of the State Probation Service; and
6) to visit places of incarceration in accordance with the procedures set out in regulatory enactments for the performance of the functions of the State Probation Service.
Section 26. Duties of Civil Servants and Employees of the State Probation Service
Civil servants and employees of the State Probation Service have the following duties:
1) to provide information regarding available assistance to probation clients;
2) to ensure the confidentiality of information received regarding a probation client;
3) to maintain records of probation clients;
4) to check how a probation client is fulfilling his or her duties;
5) within the scope of his or her competence to provide the necessary support and assistance to a probation client; and
6) together with a potential probation client to prepare a draft of the agreement regarding the provision of post-penitentiary aid.
Transitional Provision
Section 6, Clauses 5 and 7 and Section 12 of this Law shall enter into force on 1 January
2006.
This Law shall come into force on 1 January 2004.
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 7

This Law has been adopted by the Saeima on 18 December 2003.
President
Rīga, 30 December 2003
V. Vīķe-Freiberga
Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 8