Correctional Services - StatRes (discontinued), 2011

Key concepts within resource input measured in NOK:

Own production: Defined as the sum of wage costs, the purchase of goods and services and capital costs. Data for capital costs, i.e. depreciation and imputed interest as a result of capital ties, are not available for the activities within The Correctional Service. This element is not therefore included in own production for this area. The starting point for the size is item 1-29 in the national accounts.

Wage costs: Includes all expenses that the activities have in their capacity as employer, including social security contributions and pension premiums. The starting point for the size is reported amounts in item 1-29, sub-post 11-19, ref. circular 101. This includes employer's NI contributions, but not travel expenses or the purchase of cleaning services or other outsourced labour-intensive services. Recognised wage reimbursements are deducted, while the estimated premium to the Norwegian Public Service Pension Fund is added.

Estimated premium to the Norwegian Public Service Pension Fund: The activities within The Correctional Service do not pay pension premiums directly to the Norwegian Public Service Pension Fund, where the employees are members. These premiums, together with similar premiums for a number of other public sector activities, are instead paid in a collective transfer from the treasury to the Norwegian Public Service Pension Fund. As these premiums are not included in the reported wage costs, the reported wage costs show a lower level than is actually the case. A 15 per cent mark-up is therefore applied to the reported wage costs (excluding reported employer’s NI contributions), which roughly corresponds to the level by which direct paying activities charge to their accounts. A corresponding mark-up is also applied in StatRes for all activities that do not have costs for pension premiums included in their accounts.

Purchase of goods and services: Includes the value of used intermediate products and services in the production. The starting point for the size is reported amounts in item 1-29, sub-post 21-29, ref. circular 101.

Transfers: Covers contributions to the private sector, i.e. item 70-79 in the national accounts. The starting point for the size is reported amounts in item 70-79, ref. circular 101.

Investments: Acquisitions and major maintenance work in connection with property, or major acquisitions of assets with a long-term value. The starting point for the size is reported amounts in item 30-49, ref. circular 101. Any revenues from corresponding sales are deducted.

Own production in NOK per capita: The amount for own production in NOK divided into average population in the statistics year. This average is calculated by adding the number of inhabitants in Statistics Norway’s official population statistics at the start and end of the statistics year and dividing the total by two.

Key concepts and delimitations in the personnel statistics:

The total figures for man-years in The Correctional Service are limited to Contracted man-years adjusted for long term leaves. The number of full-time jobs and part-time jobs calculated as full-time equivalents adjusted for doctor-certified sickness absence and maternity leave.

Key terms in the Norwegian Correctional Service statistics:

Prison population: is given as an average figure, calculated as the number of days spent in penal institutions divided by the actual number of days in the year (365 for normal years and 366 for leap years).

New imprisonment: normally entails a person starting a new custodial sentence. Internal changes, such as transferring from being remanded in custody to serving a sentence or transferring between prisons, are not regarded as a new term of imprisonment in the statistics. In some cases, a new term of imprisonment can be defined as starting a sentence in an institution for the treatment of offenders outside prison, in accordance with § 12 of the legislation on serving sentences (see further down).

Prison stay: normally entails a prisoner staying in prison overnight. A prison stay can also be served outside prison, which then includes the days that are spent with a loss of liberty in line with a remand order – or where a sentence is served that is normally served in prison (serving sentences outside prison in line with § 12, § 13 and § 16.1 of The Execution of Sentences Act, see further down). Where a new term of imprisonment and discharge take place on the same day, the stay is not regarded as a prison stay. Any overnight leaves of absence are counted as a prison stay.

Probation service tasks: are determined by the probation service offices and primarily entail the serving of sentences of some types of sanctions and the conducting of personal examinations of persons who are under criminal prosecution.

Probation service tasks under execution: cover execution of sentence tasks and are given as average figures, calculated as the number of days with the number of tasks during the sentence divided by the number of days in the year.

Probation service tasks commenced: cover execution of sentence tasks and are defined in different ways for the various types of sanctions: A community sentence begins from the first day an offender arrives to serve his sentence. A suspended sentence with a programme is regarded as started on the first day the offender attends the programme. Release on probation and serving a sentence in line with § 16.1 of The Execution of Sentences Act are regarded as started from the first day of attendance at the probation service office or the first home visit after release from prison. The implementation period for the individual task is the number of days from granting of the task by the probation service office until implementation.

Probation service tasks completed or discontinued: is a punitive sanction that is no longer being served. Completed or discontinued tasks that are discontinued due to bereavement, violation of the law before starting the sanction or cancellation of compulsory attendance during probation are not included in the number of completed or discontinued tasks or the calculations of percentages completed. The completion rate is the share of all tasks that have completed or discontinued after the end of the period. The completed rate without breach of conditions is the share of all tasks that have completed or discontinued after the end of the period without any registered violations. Completed or discontinued tasks with breach of conditions that result in the tasks being discontinued before the end of the period, are regarded as not completed.

Personal examinations: are conducted by the probation service office on behalf of the prosecuting authority or court. The task is registered as completed when the document has been filled in and sent to the commissioning party.

The utilization rate of available prison places: is given as a percentage and is the number of prison stays completed, divided by "actual capacity" of the prisons. The actual capacity is the operational capacity available, i.e. the ordinary capacity in the prisons minus places that are temporarily closed for repair, renovation or similar.

Type of sanction: is used in these statistics to classify the different types of sanctions and/or cases of loss of liberty that the Norwegian Correctional Services implements. The punitive sanctions that the Correctional Services can, in different ways, be responsible for implementing, are decisions on unconditional prison sentences, protective detention, suspended sentences with conditions, community sentences, fines or Prosecution conditionally dropped. In addition to the punitive sanctions, the Correctional Services can also be required to implement other judicial sanctions such as custodial rulings. In the different categories, and particularly for probation service tasks, some types of suspended sentences and other special forms of punitive sentences are specified as separate types of sanctions.

Prison sentences: include unconditional prison sentences and the anticipated serving of an unconditional custodial sentence which is not yet legally binding.

Protective detention: is one of the new special sanctions that were introduced on 1 January 2002 – when the previous arrangement for security detention was discontinued. Certain cases of security detention (and probation service tasks regarding security detention outside prison) are included in the Norwegian Correctional Services – StatRes statistics (including statistics from 2005), and these are consequently included in the protective detention sanction. Protective detention has a different format from ordinary custodial sentences. Persons in protective detention are, in principle, imprisoned in a block that is specially aimed at convicted persons with special needs. Ila prison, protective detention and security detention centre is specially designed for men in protective detention, whilst Bredtveit prison protective detention and security detention centre is specially designed for women in protective detention. Upon release on probation from protective detention (see further down) it is possible to set wide-ranging conditions, such as the follow-up of the probation Service, provisions on the place of retention, workplace, education and alcohol bans (§ 39 g of the General Civil Penal Code). There is no upper limit for protective detention, whereby the sanction can last for the remainder of the person’s life (§§ 39 c, 39 e and 39 f of the General Civil Penal Code). The Norwegian Correctional Services are not, however, responsible for the implementation of the other two types of special sanctions; compulsory care (§ 39 a of the General Civil Penal Code) and compulsory mental health care (§ 39 of the General Civil Penal Code).

Serving sentence for non-payment of a fine: is applied to those who default on an imposed fine. When the court settles a case with a fine, a custodial sentence of one day to three months is also determined, which will be enforced if the fine is not paid. This is known as a default custodial sentence. Those in receipt of a fine are called on to serve a default custodial sentence if the fine is not paid within the specified deadline.

Community sentences: were established as an independent punitive sanction (§ 28 a of the General Civil Penal Code) in 2002, and entail an extension of the previous sanction alternatives "community service" and "suspended sentence with supervision". Serving sentences in line with the previous arrangement of community service is also included in the Norwegian Correctional Services - StatRes statistics (as from 2005), and are therefore also included in community sentences. The court can set conditions for the convicted person to uphold stipulations on residence, whereabouts, work, training, treatment or prohibit contact with specific persons during the period the sentence is to be served. The court determines a subsidiary sentence. The probation services can also determine the content of the community sentence within the frameworks set by the court. The content can consist of services that are beneficial to society, programmes, individual discussions, treatment, mediation in mediation boards and other measures that are relevant in relation to the individual's crime. In special cases, the probation services can set terms beyond those set by the court, e.g. a ban on the use of intoxicating substances.

If the convicted person violates the terms, the Correctional Services can take the matter to the City- and district Court with an application for the subsidiary punishment to partly or wholly be served.

A suspended sentence: means that the convicted person does not need to serve a prison sentence if the conditions set by the court are upheld. Both custodial sentences and fines can be suspended. A probation period (normally two years, and up to five years in special cases) is set. The condition is normally that no new crimes are committed during the probation period, and can be combined with a form of compensation to the victim. Other special conditions include reporting to the police, abstinence from intoxicating substances, work, education, duty to stay at a defined location – or, as we define as separate types of sanctions, undertaking programmes for those convicted of driving under the influence of alcohol/drugs or suspended prison sentence with Drug Treatment Court (see separate definition). Where the convicted person does commit a new punishable offence during the probation period, the court may hand out a collective ruling for both accounts; known as a collective sentence (§ 54 no. 3 of the General Civil Penal Code), or a separate sentence for the new act, or let the existing sentence prevail. In the event of another violation of the probation terms, the District Court decides, upon application by the prosecuting authority in an overall evaluation, whether the suspended sanction must be served. A suspended sentence is often given together with a fine.

Suspended sentence, programme against alcohol/druginfluenced driving: was made permanent on 10 October 2008. The previous arrangement of programme against alcohol/druginfluenced driving for the same type of sanction was included in the Norwegian Correctional Services - StatRes statistics (with statistics from 2005). Programmes to combat druginfluenced driving entail the court handing down a sentence for a programme as a special condition of a suspended sentence instead of an unconditional sentence (§ 53 no. 3 e of the General Civil Penal Code.). This sanction is mainly applied to drink drivers with a recognised alcohol problem, but can also be applied for persons with other substance abuse problems. The entire programme must be completed within 10 months, unless the court decides otherwise.

Suspended sentence, Drug Treatment Court: is a pilot project in Oslo and Bergen, which came into force on 1 January 2006 (now extended to 2011). This is a voluntary arrangement where substance abusers who previously would have been handed an unconditional custodial sentence can now be ordered to follow a rehabilitation programme as a condition of the suspended sentence (§ 53 no. 3 e of the General Civil Penal Code).

Suspended sentence, other: contains the types of suspended sentences that are included in the population of the individual statistics, e.g. probation service tasks, and not otherwise specified in the individual table.

Serving sentences outside prison: can be determined by the Norwegian Correctional Services and be applied to convicted persons who have been given an unconditional imprisonment sentence. Serving sentences outside prison can be carried out in different ways, based on different grounds, arrangements and provisions in the Execution of Sentences Act. Based on § 12 of the said legislation, the punishment in special cases can partly or wholly be carried out as round the clock stays in institutions other than prisons where the stay is necessary in order to improve the convicted person's ability to function socially and lawfully - or where there are other key reasons for it. Serving sentences in accordance with § 12 of the Execution of Sentences Act can start directly in connection with a new admission, or in the event of a transfer from serving a sentence in prison. Sentences can also be served in hospital (§ 13 of the Execution of Sentences Act). Based on § 16 of the Execution of Sentences Act, the final part of an unconditional sentence can be served outside prison without the convicted persons being considered released.

Execution of sentence, outside prison (§ 16.1): Serving sentences outside prison in accordance with§ 16 1st paragraph of the Execution of Sentences Act entails the convicted person with special conditions being able to serve his sentence outside prison when half of the sentence has been completed.

Execution of sentence, electronic monitoring (§ 16.2): Serving sentences outside prison with electronic tagging, in accordance with § 16 2nd paragraph of the Execution of Sentences Act, was introduced as an experimental scheme on 1 November 2008, and no figures are available for such sanctions prior to this date. Serving sentences with electronic tagging applies to convicted persons who are given unconditional prison sentences of up to four months or who have up to four months left until their expected release.

Release on probation: from an unconditional sentence can be granted by the Norwegian Correctional Services and given with or without compulsory attendance. Compulsory attendance to the Norwegian Correctional Services, at the probation service offices, is one of many possible ways to serve a sentence with release on probation. A person who is given an unconditional prison sentence can be released on probation when two thirds of the sentence have been served (§ 42 of the Execution of Sentences Act). Release on probation can take place when the specified minimum period has passed. Where no minimum period has been set, release on probation can take place when one year has passed since the custodial sentence became legally binding. Release on probation takes place with a condition of a probation period of one to five years. When the Norwegian Correctional Services and the prosecuting authority consent to the release on probation, the release can be determined by the Norwegian Correctional Services. Where they do not consent to the release, the prosecuting authority brings the matter before the City- and district Court, which settles the case in accordance with a legal review of sentencing. Where the outcome is a refusal of the application for release on probation, the convicted person is entitled to a have the case retried one year after the ruling has become legally binding.

The following Statistics Norway standards are used:

Expenses are mainly classified according to the definitions in the IMF's Government Finance Statistics Manual 2001 (GFSM2001). In some cases, the definitions are deviated from in order to give a more realistic picture of the resource use.