Article 16. Penitentiary probation The Probation Act

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1. Penitentiary probation is applied to convicts serving sentences of imprisonment in institutions of the penal enforcement (penitentiary) system.

2. The resocialization of a convicted person is carried out from the moment of his arrival at an institution of the penal enforcement (penitentiary) system in accordance with the requirements of the penal enforcement legislation of the Republic of Kazakhstan.

3. In respect of a convicted person serving a custodial sentence who has one year left before serving his sentence, re-socialization is carried out by the administration of an institution of the penal enforcement (penitentiary) system in the form of social and legal assistance.

4. An individual program of social and legal assistance is drawn up and implemented by the administration of the institution of the penal enforcement (penitentiary) system.

5. The individual program of social and legal assistance includes:

1) data from the pre-trial report (if any) developed by the probation service at the stage of pre-trial probation;

2) materials characterizing the behavior of the convicted person during his stay in an institution of the penal enforcement (penitentiary) system;

3) information on the reimbursement and (or) non-reimbursement of claims by the person preparing for release;

4) information about the social connections of the convicted person being prepared for release, his state of health, level of education, work skills, awareness of legal mechanisms for the realization of rights and freedoms, as well as other necessary information for the correction of social behavior and successful social adaptation of the convicted person;

5) specific measures aimed at providing social and legal assistance to a convicted person who is being prepared for release;

6) planned measures to provide social and legal assistance, labor and household arrangements for the convicted person after his release.

6. At the request of convicts who are subject to penitentiary probation, the administration of an institution of the penal enforcement (penitentiary) system, together with local executive bodies at their chosen place of residence, establishes their interaction after release.:

1) with employment centers to register the convicted person and provide him with information about vacancies;

2) with specialized organizations (agencies) for housing rental;

3) with social services to assist the elderly, persons with disabilities and persons without a fixed place of residence in obtaining social services..

7. When implementing an individual program of social and legal assistance, the administration of an institution of the penal enforcement (penitentiary) system:

1) interacts with other probation entities on issues of labor and household arrangements of persons being prepared for release;

2) carries out work to explain to persons in respect of whom probation is applied the legislation of the Republic of Kazakhstan regulating the order of labor and household arrangements, informs about the existing legal mechanisms for the implementation and protection of rights and freedoms;

3) explains the scope and procedure for obtaining social and legal assistance upon release from prison;

4) inform in advance about the procedure for administrative supervision and probation control, as well as the consequences of its violation.

The Law of the Republic of Kazakhstan dated December 30, 2016 No. 38-VI SAM.

This Law regulates public relations in the field of the organization and functioning of probation and establishes the concept, purpose, objectives, principles, types and forms of probation, as well as the legal status of persons in respect of whom probation is applied and the subjects who carry it out.

President

Republic of Kazakhstan

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