#1APCCA - 2013, New Delhi The Andhra Pradesh Community Service of Offenders Act 2010: A New initiative in Penal Reform A Presentation on Agenda Item: 4 Alternative to Imprisonment By Dr. M.R. AHMED, Director Academy of Prisons & Correctional Administration Vellore - 632 002 Tamil Nadu. Agenda Item: 4 Dr. M. R. Ahmed 1#2Salient Features The Act provides for imposition of "Community Service" instead of sentence of imprisonment on offenders in certain cases. The Act provides for administration, supervision and regulation of Community Service Orders. The Act defines Community Service as a non-custodial punishment awarded by the Court after conviction where the offender is required to render unpaid service to the benefit of community. Agenda Item: 4 Dr. M. R. Ahmed 2#3Community Service order means an order made by the Court requiring the offender to perform community service specifying the nature of service, the number of hours of service, dates on which the service has to be performed, the starting and closing times of the service and other terms and conditions. • The Act applies only to offenders found guilty of minor offences and "minor offence" is defined as any offence punishable with imprisonment for not more than one year or with fine or with both. ● The Act is applicable to all such minor offences under IPC or any other law made by the Parliament or the State Legislature. Agenda Item: 4 Dr. M. R. Ahmed 3#4Exclusion ● The Act is not applicable to offences punishable under 1. The Protection of Civil Rights Act 1955 2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Agenda Item: 4 Dr. M. R. Ahmed#5Other features i) The offender must be aged 18 and above ii) The offence must be one which is punishable by imprisonment for not more than one year or with fine or with both iii) The Court must be satisfied that the offender is suitable person and that arrangements can be made for him to perform unpaid work for a specified number of hours. Contd., Agenda Item: 4 Dr. M. R. Ahmed 5#6• A social inquiry report is a pre-requisite ● ● Previous consent of the offender in writing is a must. Before passing the Community Service Order, the Court is required to explain the terms and conditions of the order. • If the offender fails to comply, he is liable to be sentenced to such term of imprisonment as the Court would have imposed in respect of the original offence. Agenda Item: 4 Dr. M. R. Ahmed contd....., SQ#7• The ● Community Service Order should not dislocate/disturb the normal work of the offender for livelihood. After the Court passes the order, the supervisory officer shall take over and places the offender on Community Service at a prescribed place. The Head of the institution is responsible for executing the Court Order. Agenda Item: 4 Dr. M. R. Ahmed 7#8Payment of Compensation & Cost (Section 4) The Court making CSO can also make an order directing the offender to pay reasonable COMPENSATION for the loss caused to any person by the commission of offence. The Court can also direct the offender to pay cost of the proceedings, as the Court thinks reasonable. Agenda Item: 4 Dr. M. R. Ahmed 8#9Restriction on imprisonment of offender under 21 years of age (Section 5) • The Court is required to be extra careful in dealing with young offenders. A detailed report is required to be called for from a supervising officer to know the character and physical and mental condition of the offender. Agenda Item: 4 Dr. M. R. Ahmed 6#10Restriction on Placement ● Community Service work shall not be ordered to be performed in places of Police and Prisons. Agenda Item: 4 Dr. M. R. Ahmed 10 10#11Who are supervising Officers? ● ● A Probation Officer appointed under Section 13 of Probation of Offender Act. A person appointed as Community Service Officer. A person provided for the purpose by a society recognised by the State Government. Any other person, in exceptional cases, approved by the Court. Agenda Item: 4 Dr. M. R. Ahmed 11#12Duties of Supervisory Officers ● To inquire as per Court Orders and submit reports. ● To supervise offenders. ● ● ● To advise and assist the offenders in payment of compensation or costs. To send monthly reports to the Courts. Advise and assist offenders who complete the Community Service. Agenda Item: 4 Dr. M. R. Ahmed 12#13Breach of requirements of Community Service Order ● ● ● ● ● The Court may issue a Warrant of arrest (for any new offence) or issue summons. May grant bail with or without surety. May cancel CSO and sentence him for the original offence after reducing the period rendered in CSO. May vary the conditions of CSO. May impose fine, if the breach is minor. Agenda Item: 4 Dr. M. R. Ahmed 13#14Establishment of State Community Service Committee • Section 11 provides for establishment of State Community Service Committee. Chairman: A Judge of the Court is designated as Chairman Members: i) Secretary Home (Prisons) ii) Secretary (Law) iii) Director of Prosecution iv) DG & IG Prisons v) Commissioner of Juvenile Welfare vi) 2 reputed social workers vii) 2 Members from NGOs Agenda Item: 4 Dr. M. R. Ahmed 14#15Role of the Committee ● . To supervise the operation of Community Service. • To lay down the policy measures. To perform all functions for effective implementation. Special Provision. • A person found guilty and dealt with CSO shall not be disqualified from the post he was holding. ● A Government employee can be proceeded with disciplinary action under relevant service rules. Agenda Item: 4 Dr. M. R. Ahmed 15#16Benefit of Community Service Provides a method of dealing with non serious offender who would otherwise be sentenced to imprisonment. The principle objective is rehabilitation. he has • It provides the offender an opportunity to make reparation to community against which committed a crime by working for its benefit. Working for the community will have positive affect on the future attitudes and conduct of the offender. Contd....., Agenda Item: 4 Dr. M. R. Ahmed 16#17● Community service order is less costly than custodial measure. It costs little to administer and is also inexpensive in terms of human and social cost. It avoids expenses of providing food, clothing, shelter, medical care and necessities in prisons. It releases pressure on prison system by reducing prison population. It enables the offender to live with their families thereby maintaining family ties. Agenda Item: 4 Dr. M. R. Ahmed contd..., 17#18● ● It saves the offender from the harmful effects of prisonization (contamination). The offender will not face re-entry crisis i.e., he will not suffer great changes in employment and family situation that go with imprisonment. Agenda Item: 4 Dr. M. R. Ahmed 18#19FACTS & FIGURES (As per 2012 Prison Statistics) % of convicts sentenced up to 1 year Less than 3 months 2.2% 3 to 6 months 2.6% 6 to 1 year 3.2% Total 8.0% Total No. of convicts (31.12.2012) - 1,27,789 % of convicts sentenced up to 1 year (8.0%) = 10,223 contd....., Agenda Item: 4 19 Dr. M. R. Ahmed#202. 10,223 does not reflect the actual no. of offenders (sentenced to below 1 year) admitted and released during the year. 3. If the total no. of short term convicts admitted during the year is taken, it would perhaps run into lakhs. Agenda Item: 4 Dr. M. R. Ahmed 20 20#21THANK YOU Agenda Item: 4 Dr. M. R. Ahmed 21 27