– The biggest concern with those who are in the scheme is that they stay there for a very long time, says researcher Berit Johnsen at the Prison and Probation Service’s competence center to TV 2.
She believes the whole scheme may be against the law.
TV 2 told on Saturday about 18 detainees who have been released on probation in the scheme State-funded probation. Several of the convicts are mentally retarded.
Many who are released on probation for this scheme will remain almost permanent, TV 2’s findings show.
This applies, among other things, to a 65-year-old convicted of detention who has been released on probation for 17 years in Eastern Norway.
TV 2’s review shows that several detainees have been released on probation for a very long time:
- Pedophile man (50) has been sentenced to security and later detention for child abuse. Has been released on probation for a total of 22 yearsformally under this scheme for the last 15 years.
- Woman (57) convicted of attempted murder already in 1984. Later convicted of, among other things, robbery. Released for 15 years.
- Pedophile man (69) convicted twelve times, six of which are child abuse. Released for 12 years.
- Man (61) sentenced to detention for a number of serious sexual assaults on children. Released for ten years.
Even though they have been released on probation, they are formally still in prison.
May be illegal
The scheme has cost more than one billion kroner since 2002. At that time, the Ministry of Justice and the Police made a clear requirement:
“… there must be a real possibility that the detainee during the probationary period can master a life in freedom for such a probation scheme to be relevant.”
But in several cases, the courts are in strong doubt as to whether the people will ever survive in society – yet they decide on parole. Several judgments refer to a decision from the Supreme Court in 2012, which allows for probationary releases to be long-term.
– Do you want to call this illegal?
– In a way yes. The law says that a parole can not be more than five years, says Berit Johnsen to TV 2.
No one can be sentenced to life imprisonment in Norway – but so-called custodial sentences can be extended in several rounds.
– Since this is formally part of the execution of the sentence, the custodial sentence can be extended indefinitely for the sake of society’s safety, says Johnsen, and continues:
– CONCERNED: Prison and Probation Researcher Berit Johnsen believes that the scheme of having been released on probation for such a long time may be illegal. Photo: Olav T. Wold / TV 2
–
– It is in a gray zone and it is problematic. It is the big elephant in the room: That now we do something that may not be completely in line with the law.
Johnsen also believes that there is reason to ask questions about the legal security of the scheme.
– These are people with mental retardation. I think it is fundamentally worrying that we keep them in sentencing for so long. What are we doing in the welfare state of Norway when we say that we do not have a life sentence? This may be a hidden life sentence, the researcher believes.
– I do not like it
The country’s most famous forensic psychiatrist Randi Rosenqvist has met many of the detainees who have been released on probation.
She is also worried.
– I am worried if we establish a lifelong prison for people who are mentally handicapped – and who have received poor follow-up from child welfare, BUP and the municipality, Rosenqvist says to TV 2.
– EXPERT: Forensic psychiatrist Randi Rosenqvist. Photo: Kristin Grønning / TV 2
–
The fact that many have received little help with problems has contributed to them not working well, she believes.
– Then I think it is dramatic that they will live the next 50 years in prison. I do not like it, says Rosenqvist.
Can stay seated for life
The Norwegian Prison and Probation Service has this explanation for the fact that more people sit on the scheme for a very long time:
– The scheme is used in very serious cases where it is obvious that the danger of recurrence is persistent and great, says assistant director Jan-Erik Sandlie to TV 2.
– DIRECTOR: Jan-Erik Sandlie is assistant director of the Norwegian Prison and Probation Service. Photo: Ditlev Eidsmo / TV 2
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– How long can a person be released on probation?
– In principle as in custody in an institution. It can in theory be extended for life, says Sandlie.
– So it could be a life sentence?
– In theory, that’s it. There is also detention in prison, says Jan-Erik Sandlie.
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