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SERVICE
BULLETIN 3
2012-2013
PROBATION SERVICE
BULLETIN 3 - 2012-2013
TABLE OF CONTENT
Probation Service In Albania
General Directorate Of The Probation Service
Quick Facts
Foreword from Ilir Qafa Director General General Directorate
of the Probation Service......................................................................................................5
Foreword by Ambassador Florian Raunig
Head of the OSCE Presence in Albania.................................................................................6
CHAPTER I PROBATION SERVICE IN ALBANIA GENERAL OVERVIEW.....................................8
Purpose of the Probation Service...............................................................................8
Alternative measures to detention..............................................................................8
Information box 1 - Obligations..................................................................................9
Information box 2 - Violation of the obligations...........................................................9
Increase of public safety..........................................................................................10
Reduction of recidivism...........................................................................................10
Who benefits?.........................................................................................................10
Information box 3 - Criteria for being entitled to alternative sentences?...................11
CHAPTER II - PRINCIPLES AND CONCEPTS AT THE HEART OF
THE PROBATION SERVICE......................................................................................................12
Responsibilities of the Probation Service..................................................................12
Information box 4 PROBATION SERVICE, Member of CEP.......................................12
What does the supervision of a case mean?............................................................13
Assistance and counselling......................................................................................13
Evaluation...............................................................................................................13
Treatment...............................................................................................................13
A convicted person is important..............................................................................14
Information box 5 The perspective of a probation officer.......................................14
CHAPTER III RISK ASSESSMENT..........................................................................................15
Development of a risk assessment instrument.........................................................15
Main components....................................................................................................16
CHAPTER IV - THE PROBATION SERVICE DURING THE PHASES OF
A CRIMINAL PROCEEDING......................................................................................................17
Steps of the standard procedure for conditional release...................17
Case study conditional release.............................................................................19
steps of the standard procedure for home detention...........................19
Home detention........................................................................................................21
CHAPTER V - COOPERATION WITH OTHER INSTITUTIONS.......................................................22
Organs of central and local government...................................................................22
Information box - The function of the community in society.....................................23
Cooperation with the State Police............................................................................23
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Quick facts
Since the start of the Probation Service in May 2009 up to December 2013, the Probation Service has
supervised 9356 convicted persons, whose prison sentence has been replaced with an alternative
sentence.
For the year 2013, the Probation Service has sent: to the courts 587 evaluation reports of social
circumstances of persons sentenced to imprisonment who seek conditional release or home
detention, and to the prosecutor offices 216 evaluation reports about persons under investigation,
or persons who are defendants.
For 1145 convicted persons, the process of supervision has ended in 2013
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Jordan Misja Street, at the Court for Serious Crimes, Tirana, Albania
Tel: +355 4 2227928
e-mail: sekretariadpshp@sherbimiproves.gov.al
Website: www.sherbimiproves.gov.al
Contact information for local offices:
Pjetr Budi section of the city, Kont Urani Street, at Disrict Court of Mat
Tel. +355 217 23537
e-mail: zvshpmat@sherbimiproves.gov.al
BULLETIN 3 - 2012-2013
PROBATION SERVICE
FOREWORD
This bulletin presents the work of the Probation
Service to justice system operators such as
judges, prosecutors, police officers, prison staff,
representatives of international organizations, and
local government officials.
The justice system operators and the public are now
aware that the reform in the system of execution
of criminal sentences by establishing a Probation
Service in our country has significantly improved the
restorative justice.
The strengthening of the role of the Probation Service has started to produce positive effects,
which are unavoidably related with the rehabilitation of the persons in conflict with the law,
reduction of recidivism and economic costs related with sentences served in the education
system and prisons.
Assessing offenders risk and assisting them in their re-integration in the society requires
probation officers to have special knowledge and qualifications, and get continuous training.
In cooperation with the Ministry of Justice, Delegation of the European Union, OSCE Presence in
Albania, and UNICEF Albania, the Probation Service has carried out a number of training activities.
The Probation Service will continue to develop such activities not only for the specialists of
this service, but also for other operators of the justice system, who are closely related with this
service, with a view to ensuring the continuous improvement of their professional capacity and
accountability.
The achievements that the Probation Service has had so far encourage the specialists of this
service in overcoming their daily difficulties at work.
A successful implementation of alternative sentences requires a considerable engagement
and maximum commitment by all the stakeholders of the justice system and beyond. In this
aspect, I have to acknowledge that there is still a lot to be done to increase the cooperation and
coordination with these stakeholders.
I am confident that this publication will give an opportunity to all those interested to learn about
the excellent work by the Probation Service in Albania, and to see that a lot remains to be done
for enhancing the rule of the law through a better functioning Probation Service.
Ilir Qafa
Director General
General Directorate of the Probation Service
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conditions, to reduce the risks of reoffending and to help individuals become law-abiding
citizens.
Secondly, the execution of alternatives to imprisonment requires the involvement of all justice
actors. As such, further focus is needed on improving co-operation between the Probation
Service, prosecution offices, courts, local governments, and civil society.
Thirdly, the Probation Service must be able to deliver equal services in all parts of the country.
The establishment of regional probation offices in each district would help achieve this goal.
I sincerely hope that you will make use of this bulletin in your work, and that it will serve to
inspire you in contributing to a fully functioning probation system in Albania.
Ambassador Florian Raunig
Head of OSCE Presence in Albania
Tirana, January 2014
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way to increase the security of the community and punish criminal actions, aiming at reducing or
eliminating them. Best practices and the experience of developed countries have confirmed that
severe repressive policies do not guarantee a reduction of criminality. The results of rehabilitation
and reintegration through isolation in prison have been mixed, that is, it has not always yielded the
desired effect, opening thus new horizons and moving the emphasis from punishment to treatment,
or in other words, from punishment for the criminal offence to treatment of the offender.
Alternatives to detention are also a better way to have differentiated treatment of convicted persons
according to vulnerable groups, which include juveniles, women, the elderly, the mentally ill, drug
addicts, persons who have health problems requiring specialised treatment, and convicts who have
parental responsibility for children who will not otherwise have parental care.
For those groups, the results of imprisonment can have consequences that do not contribute to their
rehabilitation and reintegration, and the detention may cause irreparable damage that could have
quite the opposite effect.
PROBATION
SERVICE
violation of obligations
imposed by the court
PROSECUTORS
OFFICE
verifies causes
report non-compliance
COURT
substituting / changing /adding
obligations
revocation of the alternative
sentence
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Reduction of recidivism
Community sentences aim to punish, change, control, and help the offenders meet their needs.
A very effective way to change the behaviour of persons that commit criminal offences is their
involvement in a comprehensive treatment programme. Statistics show that these programmes
reduce their relapse into criminal activity, as they provide offenders with ways to solve their
problems and stay away from criminal behaviour in the future.
Who benefits?
Community sentences do not mean escaping from the system of criminal justice. Those persons
subject to alternative sentences are not entirely free, as they have to face restrictions of their
freedom under the supervision of the Probation Service for a period from 18 months to 5 years,
work in the public interest or meet other obligations imposed by the court.
Potential victims of crime
For many offenders, to reduce recidivism, through community sentences, including shorttime sentences, has proven to be a more effective punishment than imprisonment. This
means that the application of community sentences for this category of offenders may
potentially lead to less victims of crime in our community.
Local government
Unpaid work for a local government unit consists in repairing a damage that the offender
has caused to the community where he lives. Unpaid work may be done in areas like
cleaning, gardening, maintenance of public spaces, and green areas. This requires a strong
commitment to making the community a better place to live.
Taxpayers
According to the General Directorate of Prisons, keeping an offender in prison costs the
state 766 500 (seven hundred and sixty six thousand and five hundred) lek per year.
Imprisonment, however, is not always the most appropriate sentence for criminal offenders.
Alternative sentences are more effective than short-term imprisonment when it comes to
reducing recidivism. Punishment should also be such that it brings benefits in several
areas at the same time, including both reduction of recidivism and a more efficient use of
taxpayers money.
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Offenders
Recidivists do not often understand the destructive effects that their offences have on their
victims, and they may start a process of self-reformation when they are forced to face the
damage and the disturbance they have caused. Others lack the necessary capacity to help
themselves, and once they have to face the problems and chaos in their lives, they may
return to crime.
Being placed under various supervision programmes may make many offenders face the
consequences of their crimes. The origin of their criminal behaviour is the most difficult
and the most important part of their punishment.
up to 1 year of imprisonment
up to 5 years of imprisonment
Home detention
up to 2 years of imprisonment
up to 1 year of imprisonment
(40-240 hours)
Conditional release
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Contributes to identifying the sanctions and measures imposed by the legal organs,
while the criminal proceeding is going on
Implements the execution of court decisions that impose on criminally sanctioned
persons respect for a number of measures and the carrying out of a number of
obligations
Maintains continuous relations with the courts and prosecutor offices, informing
them on the compliance with the imposed measures and obligations by
the criminally sanctioned persons
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Evaluation
The evaluation of the risk of recidivism is a constant process, which includes developing
predictions about the possibility of criminal behaviours, the frequency of those events, the
types of behaviours and the potential victims of those actions. In order to evaluate the risk
of recidivism, the probation officer uses information related to the social environment of the
person, the history of his life, his behaviour before and after the commission of the criminal
offence, his general behaviour and other facts.
Treatment
The Probation Service draws up and prepares an individual programme for the execution of
the court decision that suspends a sentence of imprisonment and puts the convicted person
on probation. This programme defines the measures and obligations of the convicted person
during the execution of the sentence, the measures and obligations imposed by the court and
the ways used to assure that they are fulfilled, the social needs and purposes defined to deal
with them, the danger of a repetition of the criminal offence, the danger of a violation of public
security as well as the possible suicide or self-injuring of the convicted person, the methods of
intervention proposed to meet the needs identified and to reduce the risks, as well as the date,
place and frequency of meetings.
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-
-
-
-
Given these objectives, this assessment instrument is highly important for the practitioners,
managers and scientific researchers. The main purpose of this instrument for its practitioners is
to improve the quality and compliance of assessment with the supervision plan. The conclusions
reached by this instrument is mandatory for giving recommendations to prosecutors/courts on
persons under investigation/offenders for whom an evaluation report is requested, as well as
for persons under supervision for whom an Individual Treatment Program is developed.
The benefits of this system include:
a) Gives evidence to support decisions on risk and need management;
b) identifies dynamic risk factors that need to be addressed to reduce recidivism;
c) helps specialists think about offenders within a given context, why they commit criminal
offences, how motivated they are to change and what obstacles they face in committing
themselves to change.
Managers may use the system data in planning their resources for effectively evaluating their
intervention methods. Scientific researchers, on the other hand, may consult a large number of
these standardized quantitative and qualitative data for raising a series of questions that need
to be explored at the local and national level.
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Main components
The main components of the risk assessment instrument are:
1. Risk of reoffending and factors related with criminal behaviour
The instrument of risk assessment consists of 12 sections related with the criminogenic needs.
These sections include: (i) general data; (ii) an analysis of the criminal offence; (iii) living conditions;
(iv) education, training and employment; (v) economic conditions; (vi) relationships; (vii) lifestyle;
(viii) drugs; (ix) alcohol; (x) emotional state; (xi) thinking and behaviour; and (xii) attitude. Most
of the sections contain historical and dynamic information, and various studies have shown that
there is a close link between each section and the risk of reoffending. Sections, however, differ as
to what extent they may predict the likelihood of reoffending depending on the risk evaluation. At
the end of each section there are questions, which allow the assessor to establish links between
the factors related with a criminal offence and the risk for serious harm, self-injury, other risks,
and criminal behaviour.
2. Risk of serious harm, self-injury, and other risks
This instrument assesses how likely an offender under investigation is to cause serious harm by
synthesizing the used information in a systematic and inclusive manner. This allows the assessor
to make a judgement based on the respective issues, regarding the main points.
3. A summary page of the assessment instrument
A summary in the end gives an assessor the possibility to take the main pieces of information from
the assessment of an offender under investigation, and integrate it in a score-based evaluation
system.
4. Risk management plan
The component of the risk management plan enables a link between the risk management
plan and the offenders assessment. Integrating this plan in the assessment instrument gives the
assessor the possibility to link these two parts for better management a given case.
5. Self-assessment
The purpose of using a series of well-structured questions is to get a clear picture, allowing
offenders to give their views on how they see their lives. The questionnaire may identify issues,
which an offender might not have discussed during the interview, and which might be worth
discussing.
This instrument has always proven useful in cases of adult offenders under supervision,
for whom the court or the prosecutor has requested an evaluation of their social and family
circumstances. This enables the professionals to use efficient legal instruments in their work
for assessing every concrete case, and for ensuring good case management with a view to
offenders re-integration and analysis of all the factors related with a committed offence and
risk of reoffending, for which an evaluation report is needed.
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Pre-trial
phase
Drafting evaluation reports for the prosecutors
office during the investigative phase
During the
trial and
implementation
of the decision
After the
end of the
alternative
sentence
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if he shows, by his behaviour and work, that with the sentence served, the purpose of his
education has been achieved, and if he has served:
- no less than half of the sentence given for a criminal offence;
- no less than 2/3 of the sentence given for crimes with a sentence of up to five years
imprisonment;
- no less than 3/4 of the sentence given for crimes with a sentence of from five to 25 years
imprisonment;
- and provided that he is not a repeat offender of wilfully committed crimes
Step II File of the convicted person
The prison where the convicted person is serving his sentence submits a copy of his personal
file and a report about him to the convicted person. The report specifies the nature of the
criminal offence committed, the attitude of the convicted person toward the criminal offence
and the victim or the family of the victim, and the physical and psychological situation of the
convicted person and the dynamics of his behaviour in prison.
Step III Court request for an evaluation report
The court asks the Probation Service to submit an evaluation report about the family conditions
and social background of the convicted person, as well as concrete plans to enable his full
reintegration after release.
Step IV Preparation of the evaluation report
The Probation Service prepares the report based on two or more meetings with the person;
it contacts the members of his family as well as every person and institution that might have
useful information about his education, employment, housing, behaviour, health and social and
family circumstances.
The report specifies the nature of the criminal offence committed, the attitude of the convicted
person toward it and the victim or the family of the victim, any prior criminal offence committed
by him, his physical and psychological condition, and the dynamics of his behaviour in prison.
Step V Delivery of the evaluation report
The evaluation report is delivered by the Probation Service to the court with the respective
recommendations.
Step VI - Court decision
When the court decides the conditional release of a person, it sends the decision to the
prosecutor of the court of the judicial district where the convicted person will live after his
release and to the prison where he is serving his sentence.
Step VII Order of execution of the court decision
The prosecutors office issues an order of execution, to be implemented by the Probation
Service.
Step VIII Supervision of the conditionally released person
The Probation Service regularly contacts the conditionally released person, supervising the
fulfilment of the conditions and obligations defined in the order of execution according to the
court decision. The Probation Service prepares and follows the implementation of an individual
treatment programme, assisting and counselling the conditionally released person (the
convicted person) on fulfilling those obligations.
When necessary, the Probation Service shall cooperate with the local government and the State
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Step II File of the convicted person (when Home detention is given as the remaining
part of the sentence)
The prison where the convicted person is serving his sentence submits a copy of his personal file
and a report about him to the convicted person. The report specifies the nature of the criminal
offence committed, the attitude of the convicted person toward the criminal offence and the
victim or the family of the victim, the physical and psychological situation of the convicted
person, and the dynamics of his behaviour in prison.
Step III Court request for an evaluation report
The court asks the Probation Service to submit an evaluation report about the family conditions
and social background of the convicted person, as well as concrete plans to enable his full
reintegration after being given the alternative sentence of Home detention.
Step IV Preparation of the evaluation report
The Probation Service prepares the report based on two or more meetings with the person;
it contacts the members of his family as well as every person and institution that might have
useful information about his education, employment, housing, health and family circumstances.
The report specifies the nature of the criminal offence committed, the position of the convicted
person towards it and the victim or the family of the victim, any prior criminal offence committed
by him, his physical and psychological condition, as well as the dynamics of his behaviour in
prison.
Step V Delivery of the evaluation report
The evaluation report is delivered by the Probation Service to the court with the respective
recommendations.
Step VI Court decision
The court may permit the person sentenced with Home detention to leave his residence to
meet essential family needs, to deal with work or education or for programmes of rehabilitation.
In this case, the court determines the obligations that the Probation Service should supervise.
The court sends the decision to the prosecutor of the court of the judicial district where the
convicted person lives and to the prison, if it is a case of release from prison.
Step VII Order of execution of the court decision
The prosecutors office issues an order of execution, to be implemented by the Probation
Service.
Step VIII Supervision of the alternative sentence
Supervision of a person sentenced to Home detention should be done regularly by the Probation
Service, agreeing on and signing an individual treatment programme. When necessary, the
Probation Service notifies the local organs of the State Police and cooperates with the organs
of local government. If the convicted person leaves his residence without authorisation of the
court or violates the obligations set in the court decision, a report of non-fulfilment is prepared
and the court revokes Home detention, substituting another sentence for it.
Step IX Final report
The final report on the full conclusion of supervision of a person sentenced with Home
detention is prepared by the supervising probation officer, approved by the director of the
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local office of the Probation Service and sent to the prosecutor who has issued the order of
execution, as well as informing the General Director of the Probation Service and the directors
of the respective prosecutors office. This report contains, in a summary manner, the progress
of the period of supervision and the extent to which the obligations imposed by the court have
been fulfilled, as well as including the respective recommendations. Based on the above, the
prosecutors office notifies the court and announces the conclusion of the order of execution of
the court decision.
Home detention
B. was sentenced for Theft committed in collaboration and more than once and for Driving
without a licence and was put on probation for one year to home detention. The court decided
that B. may leave his residence only during school days to attend classes. Probation work with
B. during his supervision was focused on:
- controlling him and urging him to attend classes regularly;
- meeting with the teachers/psychologist to discuss the situation of the convicted person and
his educational needs, which may be addressed through the school programme;
- monitoring his performance, attendance, and behaviour in school;
- house calls, to be informed about the fulfilment of the obligations of the court decision by
the convicted person.
All these functions have been carried out to help the convicted person gain knowledge and
develop skills that will lead him to have a positive and productive life.
Currently, B. is 17 years old and he is attending the 3rd year in one of Tirana high schools. He
lives with his parents and brother. His grades, during this academic year, have been average
and he is motivated to go to university. There have been some problems with his life style
because he has been seeing people older than him and with a criminal history, which has
contributed to the criminal offence.
During the supervision, B. reacted positively to the alternative sentence and cooperated.
He understood how serious his inappropriate behaviour and actions were and observed the
timetable of home confinement. This helped him detach himself from his previous circle of
friends and commit to his education.
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Self-esteem
Abuse of substances
Domestic violence
Family reunion
Public protection
Cooperation with the police, prosecutors office, court
Establish prevention programmes in community
Participation of the community in the discussions about security and justice
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Action +
The Memorandum of Understanding with Action + was signed on 23.03.2010. This cooperation
is ongoing.
The object of cooperation:
* Psychological-social support;
* Counselling and treatment provided by psychologists from the centre by means of
sensitising and taking measures for the prevention of narcotic and psychotropic substances,
with therapeutic programmes or other care;
* Assistance in social reintegration and in meeting the social needs and treatment of convicted
persons who are users of narcotic substances.
Emanuel Community
The Memorandum of Understanding with Emanuel Community was signed on 02.03.2011.
This cooperation is ongoing.
The scope of cooperation:
* Listening to and counselling young people and families;
* Therapy groups for treating drug dependency;
* Semi-residential reception for persons with drug dependency;
* Activities of a preventive nature regarding the use of drugs;
* Residential centres for persons with a high drug dependency;
* Professional training.
Foundation Resolution of Conflicts and Conciliation of Disputes (FRCCD)
The Memorandum of Understanding with Resolution of Conflicts and Conciliation of Disputes
was signed on 25.03.2010.
The scope of cooperation:
* Offering the service of mediation and restorative justice;
* The organisation of promotional, awareness-raising and training activities in the field of
restorative justice and the service of mediation;
* An intention to influence young age groups and other social groups of Albanian society
in promoting and educating about the values of understanding, constructive conflict
management, mediation, conciliation and tolerance.
Centre of Integrated Legal Practices and Services (CILPS)
The Memorandum of Understanding with this Centre (CILPS) was signed on 30.03.2010. This
cooperation is ongoing.
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Evaluation
Effective intervention styles
Supervision plan
Implementation of the supervision plan
Prevent regress and maintain change
A priority in the work with juvenile offenders was to establish contacts between the Probation
Service and schools, which resulted to be an effective intervention for young offenders,
including also juveniles in probation or sentenced with work in public interest. The purpose of
their work consists in: encouraging juveniles to attend school, monitoring their performance
and behaviour in school.
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foreign experts with much experience, made possible by uninterrupted support from the OSCE
Presence in Albania and the EU Delegation in Albania. With the support of the OSCE Presence in
Albania, support also continues for training new employees of the Probation Service.
An important training programme for the Probation Service staff, during 2011-2012, was the
Project on Support to the Probation Service and the alternatives sentences to imprisonment,
funded by the European Union. The personnel was involved in drafting the training curricula and
a training strategy and methodology for the Probation Service according to European standards.
These training sessions enable the Probation Service officer to:
34
Assess the risk that the convicted person presents to others and the needs for intervention
Influence the convicted persons to change their violent behaviour
Communicate effectively with the convicted persons
Support the convicted persons to change their behaviour
Work efficiently with others
Develop their own skills and knowledge
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CHAPTER XI - STATISTICS
Summary statistics
Convicted persons under supervision (20092013)
10000
9356
9000
8000
7000
6000
5000
Probationers
4000
2552
3000
2602
2117
2000
2085
1000
0
2009 - 2010
2011
2012
2013
Total
9356
9000
7553
8000
7000
6000
5000
4000
3000
2000
1000
823
181
798
1
0
Suspension A.
59 of the CC
Home
of the CC
Total
Number of convicted persons according to the length of the probation period in 2012
Probatieners
3000
2389
2500
2000
1701
1500
Probatieners
1000
500
418
107
51
109
4 years
5 years
0
3 years
< 18
18
months months 3 years
Total
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Number of convicted persons according to the hours of work in the public interest in 2012
250
213
200
150
100
85
Probationers
70
50
21
16
19
110 - 150
or
160 - 200
or
0
40 - 50 or
60 - 70 or 80 - 100 or
210 - 320
or
Total
739
700
600
500
476
400
Evaluation Reports
263
300
200
100
0
Courts
Prosecution
Total
2275
2000
1500
Probationers
1000
500
0
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2000
1428
1500
1000
Probatieners
500
313
91
0
3 years
< 18
18
months months 3 years
41
66
4 years
5 years
Total
Number of convicted persons according to the hours of work in the public interest in 2013
160
146
140
120
100
80
60
40
20
Probationers
42
22
31
24
17
10
0
40 - 50 60 - 70 80 - 100 110 - 160 - 210 - Total
or
or
or 150 or 200 or 320 or
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Requests for evaluation reports 2013
900
800
700
600
500
Evaluation Reports
400
300
200
100
0
Courts
38
Prosecution
Total