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E Eu urrooppeeaan nC Coom mm miissssiioon n D i r e c t o r a t e – G e n e r a l J u s t i c e , F r e e d o m a n d S e c u t i r Directorate – General Justice, Freedom and Secutiryy

DRUG RELATED AND JUVENILE CRIME - DREJC -

FINAL REPORT 2010

FFiin naall rreeppoorrtt E Eu urrooppeeaan n PPrroojjeecctt


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DREJC- project Final report 2010


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Applicant

in cooperation with

DREJC- project Final report 2010


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DREJC- project Final report 2010


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DRUG RELATED AND JUVENILE CRIME - DREJC -

FINAL REPORT

JLS/2007/ISEC 500

DREJC- project Final report 2010


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DREJC- project Final report 2010


-7INTRODUCTION The project Drejc, Drug Related Juvenile Crime JLS/2007/ISEC 500, aimed to face the thematic of correlation between the misuse of drugs or substances and the commission of crimes within the framework of the juvenile context. Partnership was composed by: Italy (applicant) Association Centro Studi Opera don Calabria, Juvenile Justice Department (Rome Italy); Spain Fundación Diagrama; Germany University of Bremen; Belgium International Juvenile Justice Observatory (OIJJ). The project lasted 2 years, among the specific objective to be achieved, the analysis of drug related juvenile crime aimed to individuate and define: the significant variables for the creation of European Recommendation arising from reflections based on the praxis proposed by partners; the common and shared indicators on legal and operating models of intervention towards the minor; the prevailing crimes where minors are involved through analysis of the criminal activities areas and the dimension of the juvenile involvement; the legal and operating interventions paths of prevention and rehabilitation. The different specific responses depended of course also on the legal framework within which the project’s activities and intervention have been implemented. To be highlighted that often, paradoxically, the insertion in the criminal circuits and the consequent taking in charge by Juvenile Justice Services becomes an opportunity of growth and responsibility in relation to the deviant behaviours connected to substances abuse. Specific factors characterizing such taking in charge can be the socio-educative value of the introduced approaches and intervention models and the role of juvenile justice and social-health services in the tertiary DREJC- project Final report 2010


-8prevention, treatment and rehabilitation paths targeted to project’s final beneficiaries (juvenile substances’ abusers perpetrators of offences). The accompaniment of the juvenile requires a constant care and planning in terms of strategies, resources, time, personal and territorial resources and the definition of short and long-term objectives pursuing the achievement of autonomy by the youth. The effectiveness of introduced praxis depended on a real and active participation of individuals, the individualization of responses, the networking of services. The focus should be put therefore on the needs of juveniles and on the construction of flexible and based on a network system intervention models. In this regard, it is evident the need for wider local, national and European policies and guidelines on the issue of interest and for a concrete and strong cooperation among Health and Juvenile Justice Services. Regarding the reference context and the profile of juveniles final beneficiaries of project actions, what emerges is that juveniles drug users/abusers come not only from diseased or disrupted familiar, social or cultural contexts, but also from apparently "normal" families and situations. If, in fact, from one side the family is often disrupted, from the other side, the family and the social contexts of departure are apparently "normal". As for crime phenomenon related to drug misuse the kind of offences taken into consideration were: offences under the influence of drugs; offences to finance drug consummation; real drug crimes; drug trafficking. Project’s actions, initially, considered the phenomenon starting from a brief description of the legal framework, the analysis of existing data and implemented treatment and intervention models. Other factors object DREJC- project Final report 2010


-9of analysis have been the degree of involvement of specific institutions, the type of crimes most committed by the individuated target group and the type and quality of cooperation among the public and privat agencies dealing with prevention and rehabilitation by providing different stakeholders with a specific questionnaire. Each Country coordinated by the applicant analysed and proposed modalities of approach and rehabilitation paths aiming to favour tailored and individualized intervention with the implementation of educational support measures. N. 4 categories of crimes have been taken into consideration: crimes committed to purchase drugs; crimes committed under the effects of drugs (offences in traffic, offences against persons, crimes against property …); crimes related to drug misuse prohibition (possession, selling, trafficking …); crimes no related to drug misuse. In carrying out the research, partners operated on two levels, in specific, at general level concerning the analysis of the phenomenon (i.e. the legal framework, the social context, drugs intended as a social phenomenon, general data on drug use and abuse and drug related crime - 1st phase) and at specific level the definition and individuation of good praxis of intervention (i.e. the experience of juvenile justice services, description of services, specific data on juvenile addicted and modalities of intervention - 2nd phase). As for the definition of the same praxis, “what works” criteria along with identification of strength and weak points (swot analysis) has been used. Conditio sine qua non to consider a practice as good was its exportability and transferability in other contexts. Fundamental in all the phases of the project has been, where possible, the involvement of Juvenile Justice Department and HealthSocial Services operating in the field. In other words, to DREJC- project Final report 2010


- 10 face with such complex issues it is fundamental and essential to create a networking allowing a real and full cooperation between the different services involved making use as much as possible in an integrated manner the mutual skills, competences and knowledge giving origin to a joint taking in charge. Problems and difficulties related to the develop of the project have been solved in progress by all partners according to an optical of integration among all the defined actions taking into account a series of important aspects in phase of planning of operational phase of drejc project. Three important macrophases, strictly connected among each other, have been planned and realized. The first one regarded the gathering of qualitative and quantitative data and the analysis of the phenomenon at national level through the provision of a specific questionnaire targeted to identified stakeholders. The second one concerned indeed the facing with the issue of interest at European level in order to define, starting from the collected information and identified good praxis, innovative approaches and models of intervention that have been then collected in the final report containing also recommendation targeted to European Commission divided in three principal areas: Social System, Intervention System and last but not least the Legislative System (3rd macrophase). All the tools and instruments identified for the develop of the project were therefore aimed at the creation of intervention models concerning the issue of interest to be disseminated among stakeholders, policy makers and practitioners operating in the field.

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- 11 Concluding with some reflection on the work done, we can say that the phenomenon of drug addiction, in today's society and particularly in the juvenile field is gradually changing both at national as well as at European level. Such modifications involve the type of substances consumed, the modalities of assumptions and the individual and social issues generating the phenomenon characterized by a wide range of modalities ranging from mild and rare consume to poly-consume with frequent abuse of lethal mixtures of drugs and alcohol. The drug misuse in juvenile population target of our research is characterized therefore principally by poly-consume that has gradually replaced the use of single substances. Such new kind of approach to substances implies and requests also a differentiation in the way of technical and professional response and the involvement of all stakeholders operating in the field. It is also important to stress that actually there is no scientific evidence confirming the thesis of a correlation between Drug misuse and Juvenile crimes even if a certain type of correlation seem to be existing. In any case, the experience of operators of the field and data collected show that juvenile drug users are more likely than nonusers to commit crimes and that many juveniles inserted in criminal circuits were under the influence of drug when committing the offence. Another interesting element emerged in all the contexts of reference is the the need for a better and stronger cooperation and coordination between Juvenile Justice and Health Services and among such institution and the other involved private and public organizations operating in the field. An efficient networking must therefore inevitably affect the organizational dimension and the "effective" ability to work jointly with the involvement, if possible and when there are the necessary DREJC- project Final report 2010


- 12 conditions, of the family playing an active roles in the process of rehabilitation of the youth. The value of drejc project has been achieved through a continous exchange and sharing of experiences, information, data and materials among all partners. In this final paper the complexity of the investigated phenomenon, requesting for specific tools and strategies, is evident. The following research has been carried on with high participation of all involved person and the precious cooperation of external experts. Fundamental to deeply explore the phenomenon, has been the knowledge of the issue by involved practitioner and the cooperation by different services operating in the field.

Acquired by: Italy: Dr. Alessandro Padovani Dr.ssa Alessandra Minesso International Juvenile Justice Observatory (Belgium): Dr. Francisco Legaz Cervantes Chairman Mr. CĂŠdric Foussard Director

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- 13 INDEX Drug related and juvenile crime ITALY Introduction

pg. 15

Chapter 1 Drugs, minors e young criminals

pg. 19

Chapter 2 Analysis of questionnaire results

pg.33

Chapter 3 Conclusion the relation between drugs and criminality/offences Drug related and juvenile crime SPAIN Introduction Chapter 1 Legal framework, drugs and juvenile criminal law

pg. 39

pg.47

pg.49

Chapter 2 The drug phenomenon and its relation to juvenile crime

pg. 63

Chapter 3 Criminal justice strategies

pg.71

Chapter 4 Option in the national health service and in the legal and social services

pg.77

Chapter 5 Good practice projects

pg.85

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- 14 Drug related and juvenile crime GERMANY Chapter 1 The Situation in Germany

pg.105

Chapter 2 The Legal Framework

pg.111

Chapter 3 The Support System

pg.119

Chapter 4 Experts’ Opinions

pg.137

Chapter 5 Conclusions and Recommendations

pg.141

Recommendation

pg.147

Concluding remarks

pg.155

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- 15 DRUG RELATED AND JUVENILE CRIME ITALY Introduction The Italian dictionary defines the term drug as “a natural or synthetic substance with narcotic, hallucinogenic or stimulating properties”. It is necessary to maintain a clear distinction between hard drugs such as heroin and cocaine, and soft drugs such as marijuana and hashish, on the basis of their differing effects and levels of addictiveness. But who is the typical juvenile drug-user? The profile of a juvenile substance-user is in no way comparable to that of an adult drug addict, in that it is highly unlikely that their problems will lead to the certification of the status of drug addict, despite the need for specific intervention on behalf of the Local Sanitary Agency (A.S.L) and the Territorial Services (Ser.T) The rehabilitation programmes and methodology used should favour an individualized approach through the implementation of educative support measures. Paradoxically, in response to the deviant behaviour associated with the use and/or abuse of substances, an entrance into the juvenile penal system represents an opportunity for personal growth and for becoming more responsible. With regard to the situational background, what emerges is that juvenile drug users do not come exclusively from broken homes or family units, environments or cultures which can be described as poor or deprived. They also come from apparently “normal” family and social backgrounds. Although the relevant family unit will often be a broken or extended one, within which the DREJC- project Final report 2010


- 16 family roles may be unclear or difficult to define, in many other cases the social and family background will to all appearances be “normal”, revealing the existence of some serious difficulties in their relation with the Institutions which they hold little faith in With regards to criminal profiling, in the majority of cases the offender can be said to be male and he will generally commit his first deviant acts in the pre-adolescent phase. Another crucial point to make is the analytical differentiation between what is the general or social view on the issue (Community perception) and the individual experience implemented within that same society by the young drug-user himself(the identified target). By conducting interviews with people working within this field we have been able to analyse and verify the complexity of the existing relations and connections between the experience of the experts themselves, and the individual experience developed by the minor. This report focuses on offences committed in connection with the taking of drugs. This has been dealt with on 2 different levels: •

On a general level (the social context, the drug as a social phenomenon, general statistics on juvenile and young adult substance abuse, related offences, etc.), providing therefore an analysis of the phenomenon (phase one);

On a specific level (the experience of the juvenile justice services – description of services, specific statistics on young drug-users and methods of intervention), so identifying models for intervention and a good practice guide.

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- 17 In order to define these, three criteria have been identified: what works, why and with whom (what works, why it works and where it works, in what contexts and with what type of users are they effective?). Useful information for identifying good procedures can also be obtained from looking at what doesn’t work. In order for these good practices to be effective it is essential that they can be transferred and exported into alternative contexts. A special thanks to Isabella Mastropasqua and Gerardo Rinaldi from the Juvenile Justice Department, Ufficio IV del Capo Dipartimento – Studi, ricerche e attivita internazionali, who were partners in the project.

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- 18 Chapter 1 Drugs, minors e young criminals 1.1 History of the spread of drugs The spread of the phenomenon of substance abuse has occurred relatively recently in Italy. In fact, it did not develop until after the Second World War, assuming different forms and characteristics over the years.The spread of the “drug” phenomenon has caused a series of totally unprecedented problems and has created a real criminal phenomenology.1 The following periodisation2 is taken from a text by Luigi Religiosi:1 •

The 50’s: The phenomenon is limited and involves groups of adults who come from specific backgrounds or who have been influenced by particular health conditions (iatrogenic addiction)

The 60’s: the consumption of drugs begins to reach young people and adolescents and is related to new fashions and the problems of the so-called new generation. This period sees a radical change in the ages and types of users, along with a significant increase in levels of consumption. Hashish and marijuana are the most commonly used substances, with a gradual integration of more harmful substances such as amphetamines and hallucinogenics.

The 70’s: until the end of the seventies substance abuse was considered to be part of a process of innovation and of movements characteristic of the

http://www.altrodiritto.unifi.it/ricerche/minori/basilio/cap6.htm Regoliosi L. (2002) Evoluzione del fenomeno tossicodipendenze in Italia in Benaglio a.M., Regoliosi L. Ripensare la prevenzione Unicopli, Milano.

1 2

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- 19 state of youth at that time. According to an expert on the youth culture in that period, three significant connections could be identified with the phenomenon of substance use and/or abuse: 1. Expressive: the need to express a personal or group identity; 2. Socio–recreational: the need to organise relationships and free time around other people who belong to the same peer groups; 3. Spiritual: the need to reach new levels consciousness within a non-rational form of reality.

of

From the mid seventies onwards the most common form of drug addiction was heroin addiction, and this period witnessed a shift in the way it was used, from creative and alternative use to being a way of reducing anxiety and escaping from reality. The stereotypical image of the drug addict desperately searching for his daily dose came into being in exactly this period. With the discovery of HIV (Human Immunodeficiency Virus which leads to AIDS) drug addicts became people to be avoided and marginalized, being seen as the main cause for the spread of the “millennium plague”. •

The 80’s: young people in this period saw the drug addict as a marginalized and dangerous person. Substance use lost its attraction along with that creative and alternative element which had characterized it so much over the preceding years.

The 90’s/present day: today habits have changed yet again and consumption mainly revolves around substances such as cocaine, alcohol and the so-called DREJC- project Final report 2010


- 20 “synthetic drugs” (ecstasy derivatives to be more specific).

and

amphetamine

In conclusion it can be said that today, in general, the people using these substances don’t really consider themselves as being drug addicts or marginalized rebels. They don’t even consider the substances which they use to be hard drugs, but rather like “sweets” or dietary supplements which can help to improve their daily performance in life.

1.2 Epidemiological data 1.2.1 An overview of the system Figure 1 – Distribution of juvenile delinquency in Italy3.

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- 21 From the map we can see that the situation in northern Italy is quite varied; here we find two of the regions with the lowest total number of minors reported to the juvenile justice system (from 70 to 640), that is the Aosta Valley (71) and Trentino Alto Adige (635). In the same area (North of Italy), we also find Lombardy, a region with an elevated number of young people reported to the juvenile justice system (6,090). We then find, in order of decreasing total number of minors, Piemonte (3,664), Emilia Romagna (2,474), Veneto (2,174), Liguria (1,246) and Friuli Venezia Giulia (975). Also in central Italy we can identify differing realities and statistics according to the different regions (Table 1): Table 1 – Central Italy, statistics on total number of minors reported, year 2008

Regions Lazio Tuscany Marche Umbria

Number of minors reported 4.428 2.432 745 488

In the south of Italy on the other hand we find two of the regions with the lowest number of minors reported to the juvenile justice system: Molise (246) and Basilicata (430). In order of increasing total number of minors we then find Abruzzo (856), Sardinia (1,649), Calabria (1,781) and Puglia (3,122). The southern regions with the highest total number of minors reported are Sicily (3,910) and Campania (6,173).

3 Regions are shaded according to the total number of minors reported to the Juvenile Justice services in 2008. Source: Istituto degli Innocenti, Firenze e ISTAT, Roma.

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- 22 1.3 Juvenile substance-users within the juvenile justice system In what way is the use or abuse of psychotropic substances related to deviant behavior in minors? What expectations is an adolescent demonstrating through using these substances? The abuse of psychotropic substances can be a variable which weighs heavily on the relationship with the minor, even in cases where no real physical dependence exists. The real difficulty lies in offering an educative course, a two-way agreement, which, even when not requested by the minor himself, is conducive to self promotion and control. Whereas a crime is something tangible and objective, drug abuse is often denied and this makes it difficult to build up relations with the adolescent. It is therefore necessary to: •

avoid considering only the crime committed or the addiction, but rather see the juvenile substance-user as a person going through an evolutionary phase, an adolescent with specific needs and demands who has rights and obligations;

use shared terminology which distinguishes between “real addiction” and “substance use”.

create and implement new models for communication which are more appropriate for the demands and the characteristics of the identified target.

Table 2 identifies a trend which, since 2006, has indicated a continual and constant rise in the number of juvenile substance-users or multiple-drug users (policonsumatori) entering the juvenile justice system. This increase would seem to be attributable to the figures relating to Italian minors, which show a rise of 41.3% in DREJC- project Final report 2010


- 23 the number of users from 2006 to 2008, compared to a drop of 11.8% in the number of foreign juvenile users. In 2008 Italian minors accounted for over 80% of the total number of juvenile substance-users within the juvenile justice system. Table 2 - Juvenile substance-users within the Juvenile Justice Services.

Year

2004

2005

2006

2007

2008

Italians

752

716

612

764

865

Foreigners

280

291

245

233

216

1.032

1.007

857

997

1.081

Total

Source: Ministry of Justice, Department of Juvenile Justice, Year 2004-2008.

Table 3 – Number of juvenile substance users who passed through the Juvenile Justice System from 2002-2008 4 listed by offence type Type of Offence 2002 Against persons 62 Robbery 206 Theft 231 Others against property 38 Violation of drug laws 553 Other crimes and Contraventions Total

2003 34 192 192

2004 34 210 183

2005 39 180 161

2006 38 149 140

2007 33 197 198

2008 52 189 149

24

43

44

27

24

48

490

550

567

492

536

629

10

6

12

16

11

9

14

1.100

938

1.032

1.007

857

997

1.081

Source: Taken from statistics published by the Ministry of Justice, Department of Juvenile Justice

4 Relazione al parlamento sulle tossicodipendenze anno 2008. www.politicheantidroga.it

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- 24 Table 4 – Percentage of juvenile substance-users who passed through the Juvenile Justice system in 2008, listed by offence type

Type of Offence Against persons Robbery

CPA 1.7 15.0

IPM 8.3 32.5

USSM 4.9 12.0

COMUNITA’ 5.8 27.9

Theft Other

15.9 3.8

11.4 3.8

10.3 4.7

8.1 3.5

Violation of drug laws Other crimes and Contraventions

63.4

43.3

64.9

54.7

0.2

0.7

3.2

0.0

Source: Taken from statistics published by the Ministry of Justice, Department of Juvenile Justice.

Table 5 – Number of substance-users who passed through the Juvenile Justice system in 2008, shown by age-group and gender.

Age-group and gender 14-15 yrs 16-17 yrs m

f

mf

m

f

mf

18 yrs or above Total m

f

mf

86 10 96 583 30 613 151

5

156

865

Source: Taken from statistics published by the Ministry of Justice, Department of Juvenile Justice

Graph 1 – Percentage of substance-users who passed through the Juvenile Justice system in 2008 shown by gender

Source: Ministry of Justice, Department of Juvenile Justice

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- 25 Graph 2 – Substance-users who passed through the Juvenile Justice system shown by age group. Year 2008 5.

Source: Ministry of Justice, Department of Juvenile Justice

Table 6 – Number of substance-users who passed through the Juvenile Justice system in 2008, shown by specific offence type and gender Offence

Gender m

Against the person

Against property

f

mf

Murder

2

-

2

Attempted murder

6

1

7

Sexual assault

12

-

12

Bodily harm

17

-

17

Threat

1

-

1

Insult

-

1

1

Trespassing

1

-

1

Fighting

-

-

-

Total

39

2

41

Extorsion

27

1

28

Robbery

144

4

148

Receiving stolen goods

8

-

8

Theft

100

13

113

Damage

6

-

6

Total Violation of drug laws

285

18

303

484

24

508

Other offences and contraventions

11

-

11

Total

819

44

863

Source: Ministry of Justice, Department of Juvenile Justice

Percentage values for number of substance-users who passed through the Juvenile Justice system by age-group: 14-15 year age group 11% - 16-17 year age group 71% - 18 years or above age group 18% Statistics: Ministry of Justice, Department of Juvenile Justice.

5

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- 26 As we can see from the statistics illustrated in the above tables, the average age of juvenile substance-users is between 16 and 17 years (71% - see graph 2), and 95% of them are male compared to only 5% who are female (see graph 1). The majority of them have to answer to offences connected with the violation of drug laws (508 in total, or 59%) and crimes against property (303 in total, or 35%)6. In particular, in recent years an upward trend has been seen in the number of offences committed in violation of the DPR 309/90. On the other hand, however, incidences of robbery and theft are decreasing (see table 3). The violation of drug laws remains the most widespread offence among minors within the juvenile services, accounting for 54.7% of those entering the community and 43.3% of those entering the I.P.M. (see table 4) 7. It is appropriate here to highlight that, of the various drugs in circulation, cannabinoids seem to be the substance used by the majority (81%), although the use of cocaine (9%) and of opiates (6%)is also a cause for concern (see graph 3). As the age of the user rises we can see an increase in the statistical presence of these last two substances, while the opposite is true for cannabinoids which are used more by those at a younger age. In this context, the statistics regarding daily substance use (up 35% on 2007) and those relating

6 In studying offences committed by users of the above-mentioned substances, 4 main categories are analysed: crimes against person, against property, violation of drug laws and other offences. Only a small number of crimes are listed for each of the abovementioned categories. In the category “Crimes against the person” we include the attempt on a person’s life for motives of terrorism or subversion, large-scale manslaughter (e.g. air disaster), infanticide, all forms of bodily harm up to and including grievous, sexual assault, kidnapping, murder and manslaughter. “Crimes against property” includes theft, robbery, armed robbery and fraud. By “Violation of drug laws” we intend any act in which the penal regulations regarding drugs are violated, including the production, purchase, possession, dealing and use of drugs. All other types of offence are grouped in the fourth and final category. 7 Dipartimento Politiche antidroga, Relazione annuale al Parlamento sullo stato delle tossicodipendenze in Italia (anno 2008).

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- 27 annually to forms of more serious addiction (up 38%)8 are particularly alarming. The introduction of new substances onto the market and the evolution in the use of traditional substances has brought about a change in the way these drugs are taken. Cannabinoids, for example, can also be inhaled, while it is possible to take opiates and cocaine by smoking kobret or crack. Substance abuse is therefore characterized by multiple drug and alcohol use. Drug use in foreign minors on the other hand seems to be connected more with dealing or with habitual use, and as it is often a culturally accepted practice in their country of origin (e.g. in North African populations) it is not perceived to be a symptom of deviance. Graph 3 – Substance users who passed through the Juvenile Justice System, shown by substance type used. Year 2008 9.

Source: Taken from statistics published by the Ministry of Justice, Department of Juvenile Justice.

Statistics - Ministy of Justice, Department of Juvenile Justice. Percentage values for number of substance-users who passed through the Juvenile Justice system by age-group: - 14-15 year age group 11% - 16-17 year age group 71% - 18 years or above age group 18% Statistics: Ministry of Justice, Department of Juvenile Justice. 8 9

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- 28 Figure 2 – Levels of dependence per substance type

Table 7 – Physical damage caused by use/abuse of ecstasy or similar substances Immediate effects

Increased blood pressure, tachycardia, hypotonia, hypothermia, bruxsism, distorsion of bodily senses, diminished sense of fear (causing accidents and in some cases death).

Within 24 hours

Altered capacity for decision-making, fatigue and lack of motivation, sense of panic, insomnia, psychosis, diminished sexual desire, anxiety, nausea and sense of confusion.

DREJC- project Final report 2010

Within 1 month

Aggressive behaviour, lack of appetite, anxiety and depression.

Longer term effects

psychosis, depression, panic attacks, anxiety, memory impairment and Parkinson’s disease.


- 29 Table 8 – How and where the drugs are taken (Regoliosi, 2002) Time: night

The latest drugs are also known as “recreational drugs” as they are predominantly taken at night during the weekend. This is related to a lack of management and organization of the youth’s time. It is a time which is firmly fixed in the present moment, without hours or minutes, a time which has been identified by some experts as one in which an attempt is made to “stop the irreversibility of choices made and to open up new horizons and possibilities”. It is a time when nothing is definite or definitive, a time when you can be free to find yourself. During the night they can discover the unconscious emotions and transgressions which are repressed during the day.

Place: nightclubs

These are the places which are frequented most by young people in their free time. There are around 5000 nightclubs in Italy, the trendiest and most popular of which number around 300. Some clubs distinguish themselves from others by the type of music they play, and in some cases the type of music played can in turn have an influence on which specific drugs are used there10.

Context: peer groups

These substances are taken in the company of other people as part of a group ritual. There is a need to be recognized as being part of the group and this ritual serves to reinforce and strengthen the bond between group members and to emphasize their sense of identity within that group.

A study published in February on the Archives of Pediatrics and Adolescent Medicine analysed the lyrics of 279 of the most popular songs among young people in 2005 in search of any messages (explicit or otherwise) on substance use, the objective being to evaluate whether or not these singers and musicians could be influencing the relationship which young people have with drugs. From the results it emerged that in fact 33% of the songs contained some reference to substance use, with an average of 35.2 references per hour of music listened to, although with clear differences according to musical genre. Pop music constituted 9%, rock music 14%, R&B and hip-hop 20%, country music 36% and rap music 77%. Significant differences regarding the type of substance referred to were also revealed. Only 3% referred to smoking tobacco, while 24% referred to alcohol, 13.6% to marijuana and 11.5% was unspecified. In the majority of lyrics the use of substances was encouraged, with principle motivations being related to sex or group acceptance. In fact the situations could all be associated with parties, sexual meetings, acts of violence or human emotions. Instead only 4% of lyrics contained explicit messages which discouraged the use of substances and none spoke of a clear rejection. Considering the fact that on average young people listen to two and a half hours of music a day, researchers estimate that the number of references they hear may be as many as 84 a day.

10

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- 30 CHAPTER 2

Analysis of questionnaire results by Luigi Regoliosi

This research, carried out through use of questionnaires, has involved the following people: - The President of the Juvenile Court in Rome (Dr Cavallo) - The Public Prosecutor at the Juvenile Court in Catanzaro (Dr Calabrese) - 1 Inspector of the Penitentiary Police (IPM Nisida) - 5 IPM Educators (Nisida and Caltanissetta) - 1 Psychologist from the Servizio Dipendenze Asl (Legnago Verona) - 1 USSM Social worker (Bolzano) The quantitative statistics used to obtain a representation of the phenomenon are those revealed through the Drogamon file, compiled by social workers from the creation of the service in 2005 until June 2010. The revelations occur predominantly through the spontaneous comments of the youths, independently of the offences they have committed.

2.1 Who is being discussed? From the interviews we can see first of all that it is far from easy to obtain a clear picture of the subject (or subjects) at the centre of this research. In fact, the “JUVENILE SUBSTANCE-USERS IN THE PENAL SYSTEM� represent a very large category, within which some distinctions need to be made. In response to some useful suggestions obtained from those interviewed, we believe that it is necessary to divide subjects according to the following two basic criteria:

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- 31 a. Occasional substance-users or addicts?  We believe that cannabis use or the use of other substances on a once a week basis, in lucid or social contexts, can be considered to fall within the first category.  The habitual use of hard drugs such as cocaine, amphetamines, heroine and alcohol, where reference is made to withdrawal symptoms which drive the minor compulsively into theft in order to obtain a dose of the substance, can on the other hand be appropriately referred to as alcoholism or drug addiction. b. Minors who commit offences under the influence of substances or minors who commit offences in order to obtain substances?  In the first case we are dealing with subjects who are caught up in a culture of delinquency, for whom the substance is a “strengthener� which helps them to commit particularly reckless or violent acts.  In the second case, on the other hand, the delinquent behaviour is simply a side-effect of the addiction which pushes the subject, perhaps even against his will, into offending. The combined application of these two criteria allows us to identify at least three different categories of minor: 1. Juvenile substance addicts, who have formed a strong dependence on one or more substances and who, as a result of this condition, have entered a cycle of illegality leading them into drug dealing and theft. For these subjects the real problem is not the offence they have committed but the addiction they have. It is therefore necessary in their case to prepare an actual course of therapy, in agreement with the SerT, which can foresee the provision of medicines, clinical treatments and admission into a therapeutic community. DREJC- project Final report 2010


- 32 2. Minors linked to organised crime or in some way identified with a culture of delinquency, who see the use of drugs (above all cocaine) and alcohol as providing a functional support for what they do. In these cases the relationship with the drug itself is not the main problem. There is an urgent need to put the minor on a road to recovery which will help him to question his identification with a certain world and with a certain culture of illegality. A reworking of the relationship he has with cocaine and alcohol will also find space within this complex ‘life review’. 3. Minors who commit a variety of small offences and who are occasionally involved in substance use (cannabis, ecstasy …) for reasons which are lucid, for example escapism or for the experience, in the same way as many of their contemporaries, without the existence of any cause and effect relationship between the use of substances and their delinquent behaviour. This situation is the least serious and can be dealt with through socio-educational meetings aimed at promoting an awareness in the minor of the damage caused by his behaviour, at encouraging the adoption of more a positive form of conduct and at avoiding that the use of substances should become more intense or stabilized.

2.2 Which minors?

form

of

intervention

for

which

In the responses to question number 4 (APPROACHES TO AND FORMS OF ASSISTANCE AND INTERVENTION) we notice an ‘oscillation’ between the different levels and the forms of intervention, and this seems to imply – though not always in a clear and explicit way – reference to a diversity of types. When speaking, for example, of treatments involving ‘damage awareness’ and ‘secondary prevention’ (IPM Caltanissetta), it is DREJC- project Final report 2010


- 33 evident that the category of minors who have only an occasional and lucid relationship with substances are being referred to, as it is clearly they who would benefit from this type of educational course. Conversely, when referring to a ‘joint project” together with the SerT, to a ‘specialized rehabilitation course’, or to a contract with the Therapeutic Community (IPM Nisida, Caltanissetta), it is obvious that minors with a substance addiction are being dealt with. Also with regards to Juvenile Justice measures a certain difficulty in distinguishing the levels can be noted. How are the different forms of substance use or addiction combined with the application of cautionary measures (regulations, home confinement, community service, remand in custody) or the setting up of a probationary project? It seems possible to say that, in the case of an overt addiction, the adoption of the M.A.P. is the most convenient measure as it allows the rehabilitation programme to be released from the time constraints imposed by the judicial procedure. In this way it is possible to overcome one of the most frequent obstacles in the rehabilitation process, in other words the discordance between the amount of time needed for the course of therapy and the amount of time provided for it by the sentence. The M.A.P. can therefore allow for a programme to be developed and agreed on together with the Ser.T and a therapeutic community without being conditioned by formalities. In less serious cases (occasional use) the adoption of a cautionary measure can be sufficient, such as placing the youth in a community for minors (not therapeutic) for example, although the need to introduce contents and methods of secondary prevention into the educational treatment should be highlighted. The M.A.P. can also prove to be suitable for these minors, although in these cases it will DREJC- project Final report 2010


- 34 not mean setting up a joint project with Ser.T, but rather activating a network with school agencies, youth clubs, private social clubs and the territorial services in order to allow the youth to complete a programme of resocialization by putting him in contact with positive environments and experiences which will help him to question his own behaviour once again. In this case it is interesting to highlight how the rehabilitation and the offence committed, the education and the legality, and the prevention and the type of substance used all coincide. In stimulating him to experiment with a healthy and constructive lifestyle, the minor is implicitly encouraged to reject all of the illegal and disorderly behavior which up until that point had characterized his daily life, including the occasional use of substances. Of the three types of minor identified, the one which seems to provoke a certain lack of operative solutions is the second. How are we to react when the use of cocaine and alcohol instills itself in a certain delinquent culture? How can we help the youth to break away from the stereotype which tends to associate images of strength, courage, recklessness, prestige and authority etc. with the use of certain substances? In these cases we are not dealing with a real addiction (the youths do not recognize themselves in the image of ‘addict’ in need of rehabilitation), and so a course of therapy through specialist services is not an option, it would simply be rejected. At the same time we are faced with a connection which is more insidious than that which characterizes occasional users, it is a cultural and altogether identity-forming connection. The use of cocaine and alcohol has the function of confirming a certain image of oneself, of consolidating a certain sense of belonging. These aspects seem to be lacking in working hypotheses and normal tried and tested procedures. On the whole, we have to say that although the majority of DREJC- project Final report 2010


- 35 interviewees agreed that there was need to ‘form a network’ by pooling expertise, professional resources, different services and resources within the family, at times the emphasis placed on this also seems to hide a certain sense of dismay, a diffused sense of inadequacy with regards to an unnerving problem which people feel ill-equipped to face. There are some who, with almost brutal frankness, state that despite justice sector workers being put under pressure in various ways by the problem of substance-use among minors, “it does not represent a primary objective to be pursued, prevailing instead as it does the objective of ensuring that judicial measures are carried out. On the other hand there are some who underline the importance of constant and specific training for staff “in order to acquire greater knowledge of the problem, with reference to actual interventions”. As Dr Cavallo seems to suggest, a combined training would be even more desirable, favouring both exchange and comparison between G.M. workers, teachers, health and social workers, lawyers and media heads with a view to obtaining a fuller shared vision of the problems and working on broad strategies in response to these. The use of substances (occasional and lucid, cultural and identity-forming, chronic and pathological) will always to some extent interfere with the rehabilitation programme of the minor, and can represent a serious obstacle to the formation of a positive rapport with the relevant workers. It is not a variable which can be overlooked, and it is not a part of someone’s personality which can be ‘extracted’ and handed over to a specialist to take care of. It is essential that Juvenile Justice investigates these problems, which weigh so heavily on the behaviour of young people today, in much greater depth, and works to produce written hypotheses and more targeted intervention strategies. The contents of this research can open the way for reflection in this direction. DREJC- project Final report 2010


- 36 CHAPTER 3

Conclusions The relation between drugs and criminality/offences In general a distinction can be made between a “direct” link, which relates to offences committed “under the influence of drugs”, and an “indirect” link, regarding instead those offences connected to a need to obtain drugs, and to dealing or trafficking drugs. Direct link between drugs and crime To date, no direct causal link between the taking of drugs and the committing of crime has ever been demonstrated. The use/abuse of substances can nevertheless interact with a number of other individual and determining factors such as age, personality, expectations, and attitude along with the elements of imitation, suggestion and defiance which lie at the base of this type of behaviour. The circumstances, situations and contexts in which the substances are taken also have notable relevance, and in fact the type of substance and/or the level of addiction strongly influence the behaviour and the life choices of the individual substance-user. Cases in which minors who are already involved in some form of criminal activity turn to substance use (e.g. cocaine) in order to find the courage required to carry out particularly violent or dangerous acts are not uncommon. Indirect link between drugs and crime One of the principle indirect effects is linked to the illegal drug market and its elevated costs. From the moment an addiction develops, the high cost of the market can push the user into committing offences in order to buy the drugs he needs. In this case the user DREJC- project Final report 2010


- 37 steals to buy his “stuff� (instrumental effect). The crime, therefore, is not a direct consequence of the substance but is linked to processes and forms of social interaction, including the organization of the drug problem in society, the illegal market, etc. Another indirect effect which is closely connected with this aspect is linked to the fact that young people, through the purchase of drugs, are brought into contact with criminal environments. This can facilitate a permanent state of residency within these environments, or at the very least frequenting them becomes normal and therefore paves the way for the birth of a deviant subculture. The illegal drug market is in fact closely connected with organized crime, with the culture of illegality and with the criminal underworld in general. From the interviews and statistics (source: Ministry of Justice, Department of Juvenile Justice), the majority of minors who enter into the juvenile justice system has to respond mainly to the possession and dealing of drugs (58%) and crimes against private property (36%). In the last 8 years a rising trend in crimes committed in violation of DPR 309/90 has been recorded. The number of cases of theft and robbery on the other hand is falling. Drug dealing remains the most common offence among youths in the system, accounting for over 60% of all those entering into CPAs (centri di prima accoglienza – centres where minors are held immediately following arrest).

Intervention methods and considerations The intention of this report has been to provide an opportunity to learn about and analyze in a basic way the principle approaches and methods of both assistance and intervention which have emerged from the interviews held with those working in the services involved. For a more DREJC- project Final report 2010


- 38 organic reading of the interviews which were held it is necessary to begin by stating which were the most significant aspects to be highlighted: • What situations are seen to be the most ‘serious’ (with regards to the extent to which the substance affects the bio-psychic balance of the subject); • What connection exists between substance-use and delinquent behaviour; • When and by whom was the abuse of substances noted; • How has the problem been treated up to now. 1st Aspect: All of those interviewed noted that there is a total (or almost total) lack of awareness on behalf of the minors themselves that they actually have a problem of this type. Their relationship with groups of peers, who are frequently marked by the same difficulties, confirms their idea of a state of “normality” and consequently reduces the possibility that the minor should ask for help or analysis with regards to his own state of ill-being. Family history does not provide an effective tool for prediction, and in fact we can see minors afflicted by the problems stated above who have grown up in “normal” middle to high class families and in whose lives there is no evidence of any significant disadvantage or trauma, which could be seen as a trigger. Only one element regarding the family dimension appears to be discriminatory; the condition of parental “dependence”. Such observations confirm the importance of the psychological dimension compared to that of mere social status, which has in fact been said to hold little relevance by social workers, even though, in their experience, there remains a certain percentage of young people, albeit a minority, who unfortunately seem predestined to become part of a world of deviance and DREJC- project Final report 2010


- 39 addiction. In these cases we can observe a severe deterioration in social and family situations which seem to leave the youth with little or no way out. 2nd Aspect: No close connection has been observed between offences committed and the type of substance used, however, the internalization of the crime seems to be a stabilizing element which leads the youth to construct an improved self image and place himself as such above the social norm. By analogy it seems that it is the type of relationship formed with the substance which is more discriminatory, rather than the type of substance itself. In this sense, frequent use in the company of well established groups will have a greater influence on the individual’s life and on his sense of identity than will the sporadic use of more serious drugs (e.g. cannabis v synthetic drugs). The frequently observed causal cycle between drug use and the committing of crime to obtain the necessary means to use again can thus be turned on its head; rather than seeing the need for the drug as being the cause, we can see the need (which is no less categorical) to commit a criminal action in order to feel part of a group or to find money for legitimate ends. In these cases the substance (alcohol, cocaine) can have the function of lowering inhibitions and boosting courage. The people who belong to this final category seem to be split between a majority who commits crimes fuelled by motivations which are unrelated to material difficulties – as is the case with youths growing up in more fortunate socio-cultural environments – and those who seem forced into crime in order to escape poverty and serious deprivation (above all foreign minors). It should be highlighted nevertheless that in both cases substance abuse can have an instrumental use, more specifically in terms of a refusal to take personal DREJC- project Final report 2010


- 40 responsibility for the situation. The unpredictability of this type of behaviour is again reconfirmed at this level, starting with an “objective” analysis of the conditions of the youth’s life, which is associated with an almost total lack of awareness on behalf of the subject himself regarding the seriousness and problematic nature of his situation. It is easy to understand how difficult it can be to assume responsibility for one’s actions, and how heavily this process is hampered by powerful defense mechanisms. Even when the irrefutable truth is revealed to the youth he can still turn to its own symptom, precisely the use of substances, which, in turn, will distort his perception, ease his conscience and last but not least diminish his sense of responsibility. For a treatment to be successful it must therefore take the youth through a process in which he becomes fully aware of his position in the chain of events, and should allow him to recognize the occasions in which, alongside a strongly repetitive mechanism, he also had a margin of (albeit limited) choice. 3rd Aspect: A number of different approaches to the phenomenon were revealed in the interviews, which can in part be accounted for by the differing professional backgrounds of those involved. The event which determines the discovery of the youth’s substance problems usually coincides with his being reported for committing a crime. In fact, as we have already indicated several times, those interviewed highlighted the absence of precursory signs indicating that there was a problem. This provides damning confirmation of the serious state of “unpreparedness” within the traditional socialization networks, primarily speaking those of the family and school. Nevertheless, a lack of awareness on the part of the youth himself regarding his own problems does also DREJC- project Final report 2010


- 41 make it difficult for the adults around him to perceive his state of ill-being. For the minority of youths coming from marginalized sectors of the community their entrance into the judicial system more often than not for them represents an “accident waiting to happen” and as such has only a limited effect on the subjects view of himself, as he conversely sees the event rather as a confirmation of his own position in society. In these cases a state of indifference can be observed on the part of the youth and one of disinterest on the part of the family. Instead, for those young people who come from families which are not in any form of difficulty, the arrest constitutes an important turning point. Members of the family itself are forced into noticing a previously unperceived problem and, understandably, this frequently sets in motion a series of defense mechanisms which range from denial of the facts to blaming both the minor and themselves. The presence of the social worker is fundamental in these cases as they find themselves in the role of “third party” with regards to the youth and their parents. Relationships with the specialist services are often described in terms of being problematic. Frequently those who turn to the Servizi per le Tossicodipendenze (SerT - Services for Drug Addiction) receive replies which are “too reassuring”. These Services are in fact structured for the care of overt cases of heroin addiction and they are poorly equipped to read into and intervene on adolescent behaviours. Even the relationship with the Therapeutic Community is complex. Many Therapeutic Communities will only accept subjects who are truly motivated to change and at this particular age range it appears to be difficult to establish such a rigid and demanding contractuality. In addition, within a “probationary” project, the temporal dimensions impose DREJC- project Final report 2010


- 42 certain obligations, reducing the practicability of rehabilitation projects which, by their very nature, cannot adhere to deadlines established in advance such as those fixed by this type of precaution. Finally in the most frequent of cases, those in which the relation with the substance cannot be described in terms of an addiction, the object of our work is to deal with the problems underlying the substance use which, as we have already said, can be seen as a symptom of those same problems. As is already known, a treatment which concentrates exclusively on the symptom puts the subject at risk of a sector-based intervention which totally neglects a part of the problem.

What is missing and what should be implemented It is possible to outline some initial general considerations, above all for the benefit of the people and the organizations who find themselves working, on various levels, in this field: • the minor’s “natural networks” – above all those of the family – those which require constant work on the part of the social services, not only because they often play an active role in sustaining delinquent behavior and substance abuse, but also because they can be “utilized” as a resource capable of sustaining courses of rehabilitation, albeit with significant effort in terms of capacity for support and accompaniment; • social reinsertion – for example through work and training/education – still remains “in the background”, even though it is through exactly this type of initiative that youths can discover a fundamental way of overcoming the tensions and difficulties linked with the awareness that they are living in a “temporary” phase, one which does not yet have any well defined outcomes; DREJC- project Final report 2010


- 43 •

the necessity and the demand for a greater level of coordination between staff and services who are working together on the same case has been highlighted. It is very often the case, in fact, that we are dealing with situations where a move away from a “contextual” intervention on all parts towards the search for some form of “chain” of specialist coordination could help us to build really and truly effective programmes for social inclusion and reinsertion.

Acquired by Applicant:: Centro Studi Opera don Calabria, Italy Dr. Alessandro Padovani Dr. Silvio Ciappi Dr. Silvio Masin Dr.ssa Alessandra Minesso

Acquired by Italy partner:: Department of Juvenile Justice, Italy Dr.ssa Isabella Mastropasqua Dr.ssa Elisabetta Colla DREJC- project Final report 2010


- 44 DRUG RELATED AND JUVENILE CRIME SPAIN Introduction The Spanish National Dossier is part of the research project “Drug-related and Juvenile Crime”. Project Number JLS/2007/ISEC/500 of which the Fundación Diagrama forms an integral part11. The objective has been the analysis of drug-related juvenile crime which will receive a specific response depending on the legal framework within which other organizations analyzing the phenomena covered by this project, carry out their activities. After further research and an interchange of results, an International Report will be prepared with recommendations from the International Juvenile Justice Observatory. The subject matter to be dealt with by the Fundación Diagrama – Spain is “Drug-related Juvenile Crime”. It will consider the way the Juvenile Justice system works as well as the drugs phenomenon, its legal framework and best practices in the treatment of certain of these young people will be considered. In order to analyze the most relevant elements of this phenomenon in Spain, the Fundación Diagrama has opted for objectivity by giving preference to official sources of information from Institutions involved in this field. Results from a range of research work is also 11

"Drug related and Juvenile Crime". Prevention of and Fight against Crime Programme. European Community. Coordinated by the Studies Centre Opera Don Calabria (Italia). Years (2008-2010).

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- 45 included as well as first-hand accounts (shown in the content of the report) resulting from the experience of professionals in direct contact with different areas of Juvenile Justice. We have aimed to use official terms for the key aspects we will deal with, trying to take care with the form of language as far as possible. We have written in the masculine gender for linguistic economy and as a kind of generalization. Our efforts have been focused on contributing a true picture of the problem, providing information which will be useful for the general and specific purpose of achieving the best practices in the treatment of young people in trouble with the law.

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- 46 Chapter 1 Legal framework, drugs and juvenile criminal law 1.1 Legislation related to drugs in Spain As the drugs policy in Spain is shaped as a State policy it requires the participation of all state authorities depending on their respective functions and competencies. In article 43 of the Spanish Constitution12 the right to health protection is recognized. It adds the provision that the public authorities are responsible for organizing and overseeing public health through preventative measures and the necessary care and services. This, together with the system of distributing competences between the various public authorities, means that the existing laws and rules as well as services and programmes aimed at fighting this problem come not only from the State itself but above all from the Autonomous communities and even local organizations. Act 5/2000 of 12 January13, which governs juvenile criminal responsibility (from henceforth LORPM), answers the need for providing a special legal system for the phenomenon of juvenile crime. This act sets the minimum age for criminal responsibility at 14 and defines two different age groups up to adulthood which has been set at 18 years of age (article 19 of the Spanish Penal Code14). Minors may be related with drugs in two ways: • Where necessary the therapeutic measures established in the LORPM will be applied to young offenders who are exempt from criminal responsibility 12 13 14

Spanish Constitution of 1978. Organic Act 5/2000, of 12 January, regulating the criminal responsibility of minors. Organic Act 10/1995, of 23 November of the Penal Code.

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- 47 through circumstances stipulated under numbers 1, 2 and 3 of article 20 in the Criminal Code. Therefore, even when full intoxication or abstinence syndrome arising from the abuse of harmful drugs are observed in these young people and these are considered as grounds for exemption from criminal responsibility, measures for therapeutic hospitalization or outpatient care will be applied. This law even considers the adoption of precautionary measures during the investigation proceedings for these cases. •

However, the relationship of a young person with criminal law may also depend on whether his conduct can be classed as any of the drug-related offences in the Penal Code

It should also be pointed out that a fine can be imposed for the use of illegal substances but this does not constitute an offence. Furthermore, possession of reasonable amounts of drugs for one´s own use is not an offence.

1.2 A brief reference to criminal law for adults. In the 1995 Penal Code drug trafficking is a crime punishable with a prison sentences with the length of this sentence depending partly on the harmfulness of the substance and partly on the gravity of the criminal conduct. Furthermore, as well as the prison sentence a fine is also imposed with the amount of the fine depending basically on the value of the drugs seized. The Penal Code distinguishes between “hard” and “soft” drugs, depending on the harmfulness of the substance for the user’s health. There are two blocks of conduct with are punishable as drugs trafficking (article 368):

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- 48 • •

Trafficking in a wide sense: any kind of promotion, encouragement or provision of illegal drug use. Possession for such purposes.

The Penal Code accords a unitary treatment to intoxications without differentiating between the substances which may have been the cause. In article 20, 2 “exemption from criminal responsibility” is established for anyone who “at the time of committing the criminal offence” was “in a state of complete intoxication through the use of alcoholic drinks, harmful drugs, narcotic drugs, psychotropic substances or any other substances which may cause similar effects as long this state has not been sought with the purpose of committing an offence or committal of the offence was not foreseen or it was not the case that it should been foreseen” “under the influence of an abstinence syndrome because of his dependence on such substances”. The individual cannot understand the illegality of this deed or act in accordance with this understanding under any circumstances. So therefore, for exemption from criminal responsibility to be declared it is vital that the following occur together: • •

Intoxication or abstinence. Psychological effects on his intellect or will

Other rules related to drugs should be taken into account and among these there is the Organic Act 1/1992, of 21 February 1992, on the protection of public safety15, which includes several provisions in which disciplinary penalties are established for the possession and use of drugs in public places, which were not prohibited by Spanish law before this Act was passed (this is considered to be a serious offence against public order). However, this Act considers the possibility of 15

Organic Act 1/1992, of 21 February, on the Protection of Public Safety.

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- 49 waiving the sanction imposed if the offender voluntarily undertakes a detoxification programme16. It is also necessary to mention Act 17/1967, of 8 April, which implements the 1961 United Nations Convention on Narcotics17, as well as Royal Decree 2829/1977 of 6 October which implements the 1971 United National Convention on Psychotropic Substances18. There is no specific definition of “narcotics” or “psychotropic substances” in Spanish legislation. Neither is there any list in the rules which contains a specific classification of controlled or supervised drugs. For this reason, in accordance with the references set out in article 2 of Act 17/1967 and article 1 of Royal Decree 2829/1977, the law courts look to the list of narcotic and psychotropic substances contained respectively in the annex to the 1961 United Nations Single Convention19 and the 1971 United Nations Convention20, as well as to different internal regulatory norms which have extended the system of supervision to other substances after the Conventions, for interpretation and application of the rules. "Narcotics" are understood to be any of the natural or synthetic substances which appear in List I or II in the 1961 United Nations Single Convention on Narcotic drugs and in this Convention amended in the 1972 Protocol of Amendment of the 1961 Single Convention on Narcotic Drugs21. Concerning the control and supervision of drugs, the International Committee for the Supervision of In accordance with the procedure governed by Royal Decree 1079/1993, of 2 July. Act 17/1967, 8 April, on narcotic drugs. 18 Royal Decree 2829/1977, of 6 October, in which psychotropic substances and medicinal preparations are regulated as well as the supervision and inspection of their manufacture, distribution, prescription and dispensing. 19 “1961 Single Convention on narcotic drugs Amended by the 1972 Protocol for the Amendment of the 1961 Single Convention on Narcotic Drugs”, United Nation. 20 “1971 Convention on Psychotropic Substances”, United Nations. 21 “List of Narcotic Substances subject to International Supervision”, International Committee on the Supervision of Narcotic Drugs (2007). 16 17

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- 50 Narcotic Drugs checks that countries comply with the regulations from the Convention. Spain has been a member of the Convention from March 1966.

1.3 Criminal offences. Articles 359-377 of the 1995 Penal Code are devoted to offences against public health. Article 368 of the Penal Code establishes the: “Those who carry out acts of cultivation, preparation or in any other way promote, encourage or facilitate the illegal use of harmful drugs, narcotic drugs or psychotropic substances, or who owns them for such purposes, will be punished with prison sentences of three to nine years and a fine of an amount which is from one to three times the value of the drugs in the case of substances or products which are a serious health hazard and a prison sentence of one to three years and a fine which is once or twice the value in other cases”. The amendment of the 1995 Penal Code introduced defence against criminal responsibility on the grounds of “complete” intoxication and abstinence syndrome, as long as either of these prevents the individual from understanding the illegality of the punishable event or from acting in accordance with this understanding, and that neither state may has been sought under any circumstances with the purpose of committing an offence (art. 20.2 CP).

1.4 Legislation for implementation on the subject of drugs. The Instrument for Spain’s accession to the Vienna Convention on psychotropic substances, Royal Decree 2829/1977, of 6 October, was published in the BOE of 10 September 1976. Regulation of psychotropic substances and medicinal preparation as well as the DREJC- project Final report 2010


- 51 supervision and inspection of their manufacture, distribution, prescription and dispensing were decided on this decree. Circular 12/1980 from the General-Directorate of the National Health Institute was produced with the objective of recalling current legislation on the subject, interpreting it and applying it with a willingness to up-date and with social concern, adapting its content (nearly always with reference to community rather than hospital care) to the control of narcotic substances in the health institutions of the National Health System. In the Order of 2 December 1983, the General Directorate for Pharmacy and Healthcare products gave rules on the return of propriety pharmaceuticals which contain narcotic drugs from List I from the 1961 Narcotic Drugs Convention. Furthermore, in the April 4 Decision from the General Directorate for Pharmacy and Healthcare products supplementary regulations for the control of certain psychoactive substances were decided on. The Royal Decree 75/1990 of 19 January governs the treatment with opiates of people dependant on these substances, amended by Royal Decree 1131/1990, of 14 September. In article 49 of the Act 29/2006, of 26 July, on the guarantees and rational use of these medicinal and health products, medicaments with psychoactive substances which are possibility addictive are listed and its states that “psychoactive substances included in the annexed list to the 1961 Single Convention on narcotic drugs and to the 1971 Convention on psychotropic substances, as well as the medicaments they may contain, will be governed by this Act and by its specific regulations”. Within this legal context, Spain’s geographical circumstances mean that it is in a special position for the question of drugs as it is one of the countries in the European Union which is preferred by international crime organizations specializing in drug DREJC- project Final report 2010


- 52 dealing. To deal with this problem the Spanish government has set up a powerful structure and thanks to this the police forces have been strengthened in recent years with the creation of new units specialized in the fight against drug trafficking.

1.5 Public Authorities. - The government. The principal function of the Government Office for The National Drugs Plan is the coordination of public activities for the prevention of drug addiction and care and rehabilitation activities for those affected as well as police activities for pursuit and repression of illegal drug trafficking. In this context the National Drugs Strategy 2009 - 201622 figures as a reference point. - The Courts. The judges and courts in the criminal legal system (criminal courts and magistrate courts within provincial criminal courts) are competent to hear cases on offences against public health committed within their territory. The National Criminal Court is the judicial body with authority to try cases of illegal drug trafficking – and money laundering – committed by organized gangs and groups which affect one or more provinces within Spanish territory. The juvenile court judges are exempted from the general rule detailed in the previous paragraph as they are authorized to try conduct classed as offences against public health which may be committed by minors. As well as this special case the investigations for these procedures do not correspond to other criminal judges but to the Public Prosecutor. “National Drug Strategy 2009-2016”, Ministry of Health and Social Affairs. Official State Gazette of 13 February 2009, through the decision of 2 February 2009, from the Government Office for the National Drugs Plan.

22

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- 53 1.6 The juvenile justice system. Introduction We can understand the “juvenile justice system”, by following the Manual for the measurement of juvenile justice indicators such as “all reference to laws, policies, guide-lines, customary practices or rules, systems, professionals, institutions and treatment specifically applicable to children in trouble with the law23. This Manual states that “the States will take all the appropriate measures to promote the establishment of specific laws, proceedings, authorities and institutions for children which have allegedly infringed the criminal laws or who have been accused or declared guilty of having infringed these laws, in accordance with the Convention on Children’s Rights”24. This legal set up will have the object of: • • •

“Responding to the diverse needs of child or youth offenders and at the same time it will protect their basic rights Meeting the requirements of society; Apply the Beijing Rules as well as the Action Directive with sound judgment and justice ”

Following an examination of Spanish legislation as well as government policies, we can determine that there is a high level of specialization concerning the treatment of children in trouble with the law. We have the use of information sources from which we can extract the data in this study, which come from official institutions and private organizations. Both sources of data have confirmed the existence of a specialized Justice system for young people as well as the structure of this system. “Manual for the measurement of Juvenile Justice indicators”. United Nations. Office against drugs and crime (2008). 24 Ibid.

23

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- 54 1.7 The Juvenile Justice System in Spain. In spite of being a recent norm, the LORPM, has undergone numerous reforms in its short life so as to adapt it to the present situation, that of juvenile crime, constantly changing and variable. Although various sector have considered these reforms unnecessary and aimed at hardening the response to juvenile anti-social behaviour to the point where these regulations approach those for adults. In this dossier we are going to limit the analysis to aspects of drug-related juvenile crime. We can consider that the offences related to drugs are “those crimes against legislation related to drugs, crimes committed under the influence of illegal drugs, crimes committed by users to finance their drug addiction (above all crimes of possession and trafficking) and systematic crimes committed as part of the operation of illegal markets (fight for territory, bribing government workers, etc.)”25. The regular use of drugs in young people affects a problematic sector of the population, as we will see later on. These young people show a series of characteristics which must be taken into account and that we will deal with in order to provide an improved response to their needs. The LORPM has designed an innovative procedure with important procedural advantages. The Public Prosecutor is responsible for the investigation procedures as well as preparing the charges and proposing the measures he considers most fitting for the young person’s circumstances and for the crime or offence committed. For this purpose he has the support of the report from the team of specialists which is set up as a key feature in the whole procedure: a complete dissection is made of the personality of the youth, as well as his background circumstances, in such a way that both the Minor’s 25 “The Problem of Drug dependence in the European Union and in Norway” .European Monitoring Centre on Drugs and Drug Addiction. (2003)

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- 55 prosecuting office during the investigation and the judge during the hearing, have information to facilitate the application of the norm, adapting it to the young person and deciding on the most fitting measure. According to article 2 of the LORPM the Judges in the Juvenile Courts will be competent to find out about the offences committed and to carry out the sentence, without affecting the powers allocated to the Autonomous Communities by this Act in relation to the protection and reform of young person. The decision from the competent authority will be adapted not only to the circumstances of the crime but also to those of the young person, as well as to his needs. The “highest interest of the minor” is a principal of utmost importance. It appears in the Presentation of the motives of the LORPM. The criteria which are taken into account are technical and not formalistic: “The priority is not to punish, but rather to achieve the recuperation of the young person, the priority is to “cure”, which has two aspects: the individual himself (and the people in his environment), endeavouring to find solutions for the psychological and social-educative mechanisms which enable the deficiencies and excesses which have lead to the antisocial behaviour to be modified. Furthermore acting in the interests of the minor also means doing so in favour of the society in which he lives and if he is rehabilitated for a life away from crime the district in which he lives is also improved as it loses an element which has disrupted the pacific existence of the community. The interest of the minor is also the interest of the common good”26. The interest of the minor will also determine the type of measure which could bring him the greatest benefits to guarantee his reintegration as well as his psychological and social recovery.

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- 56 1.8 Applicable Measures. Article 7 d) of the LORPM describes imprisonment under a

closed, semi-open or open therapeutic regime as one of the applicable measures. In centres of this kind specialized educational care will be given or specific treatment aimed at people who suffer psychic anomalies or alterations, dependence on alcoholic drinks, harmful drugs or psychotropic substances, a state of addiction to alcoholic drinks, harmful drugs or psychotropic substances or alterations in perception which determine a serious alteration in their awareness of reality. This measure may be applied alone or as a complement to another. When the interested party rejects detoxification treatment the judge should apply another measure which is fitting for his circumstances. In the closed therapeutic regime, the young people subject to this measure will live in a the centre and carry out their training and educational, working and leisure activities in the same centre while those under a semi-open regime will live in the centre but one or some of the training and educational, working and leisure activities established in the individualized programme for the execution of the measure can be carried outside the centre. Carrying out activities outside the centre will be conditioned by the person’s progress and compliance with the set objectives and the Judge in the Juvenile Court will be able to suspend them for a determined period of time, agreeing that the activities should be carried out in the centre. In the open therapeutic regime all the activities in the educational project will be carried out in the standard institutions in the area, while living in the centre as his normal address and subject to the internal programme and regime of this centre. Outpatients treatment is another kind of applicable measure. People under this measure will have to attend a designated centre at the times required by the DREJC- project Final report 2010


- 57 professionals who are treating him and follow the guidelines fixed for the adequate treatment for the anomaly, psychic alteration, addiction to the use of alcoholic drinks, harmful drugs or psychotropic substances, or alterations of perception which he suffers. As cited in the law, the institutional measures will consist of two periods: the first will be carried out in the corresponding centre, while the second will be carried out in an open regime of supervised liberty in the form chosen by the Judge. The total duration will not exceed the time stated in articles 9 and 10 of the LORPM. The team of specialists should provide information on the content of both periods and the Judge will state the length of each one in his sentence. When choosing a measure or measures not only the legal evidence and assessment of the events but especially the age, family and social background, and the personality and interests of the child should be taken into account in a flexible way. The last two factors should be considered as they are reflected in the reports from the team of specialists and from the public authorities for the protection and rehabilitation of young people when these bodies have had contact with the young person through having previously implemented a cautionary measure or a final ruling.

1.9 Action plans at an international and european level The United Nations has a Commission on Narcotic Drugs (CND) which recently adopted the new Political Declaration27 and plan of action on International Cooperation towards achieving an integrated, balanced 27 “Political Declaration and Plan of Action on International Cooperation towards an integrated and balanced strategy to Counter the World Drug Problem�, (2009).

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- 58 strategy to counter the world drug problem in its tenyearly review. In spite of citing the problems, listing actions which the member States have undertaken to carry out and these include for example the reduction in demand and despite the fact that it urges the States to achieve a greater balance in favour of the reduction of demand for narcotic drugs and the implementation of intervention policies, the United Nations document does not acknowledge the contribution of harm reduction. The European Council approved a Drugs Action Plan which has the principal objective of significantly reducing the prevalence of narcotic drug consumption among the population and the social and health damage caused by use and illicit dealing. The European Commission published the evaluation of the Drugs Action Plan28 in 2008. It examines the implementation of actions, achievement of objectives, as well as the impact on national policies and the most recent tendencies in the fight against drugs in the member States. It concludes that progress had been made. Such progress had arisen in connection with the strategy marked out in the abovementioned action plan which, in general, adds value to the following: • • •

The participation of the member States and institutions in the EU towards achieving common objectives, The establishment of a framework for cooperation and development in a coherent approach to drugs, Providing a political model at an international level.

We could say that this new Action Plan is more specific, as it reduces the number of objectives and 28

“EU Drugs Action Plan”, European Union Council, (2005-2008).

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- 59 actions and adds new features such as a greater participation of Civil Society and a strengthening of the quality of intervention actions in prevention, treatment and harm reduction.

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- 60 Chapter 2 The drug phenomenon and its relation to juvenile crime 2.1 Patterns of youth drug use: Lifestyle. Examining the vulnerability of young people in relation to drug consumption, the European Monitoring Centre for Drugs and Drug Addictions29 in its study on Drugs and Vulnerable Groups of Young People looks at the policies and intervention actions carried out in 30 countries among vulnerable groups of people aged between 15 and 24, defining vulnerability as “depending on whether a specific group, with a certain socialdemographic profile and with related risk factors, are more prone to the use of drugs and the problems which this use implies”. According to the United Nations30 in its guide for the prevention of drug use among young people; in everyone’s life there are a certain number of factors which could lead to the use of drugs and these are what experts call the risk factors. At the same time, there are other factors which prevent people from using drugs and these are called protection factors. If the risk factors in a person’s life are greater than the protection factors, it is very likely that this person will start to use drugs wrongly”. Related to the patterns of drug use in young people the National Drugs Strategy31 tells us that, “unlike the use which took place in the previous decade, during the nineties there was a noticeable increase in the association 29 “Drugs and Vulnerable Groups of Young People”, European Monitoring Centre for Drugs and Drug Addiction, (2008). 30 “Guidelines for the Prevention of Drug use with the participation of young people. A guide for development and improvement. United Nations, (2002). 31 “National Drug Strategy 2009-2016”. Ministry of Health and Social Affairs. Official State Gazette 13 February 2009.

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- 61 between the use of these substances and leisure activities, so that drug use was increasingly included in the life style of some sectors of the population (on occasions practically adolescent). These groups used drugs in a situation of “normality” which was completely different from the users of heroin in the previous decade. The principal characteristics of these heroin users were social exclusion and the considerable physical deterioration through the use of heroin which took place over a very brief period of time from the start of use”. The European Monitoring Centre for Drugs and Drug Addition32 states that “the surveys carried out among the general population confirm that the use of drugs is associated with certain lifestyles, while specific studies have shown that there are relatively high levels of drug use in nocturnal environments. According to estimations from the United Nations Office on Drugs and Crime (UNODC) in 2007 there were between 18 and 38 million problematic drug users aged between 15 and 64. “They show that an analysis of drug use among young people is important for several basic reasons. Firstly, the majority of people start to use drugs during their youth and therefore it is advisable for activities for the prevention of drug use to be specially directed at young people. Secondly, trends in the use of illegal drugs among young people could indicate changes in the drugs market since young people might react to changes in the availability of drugs or to the social perceptions to the use of drugs to a greater extent than adults. Thirdly, initiation into the use of drugs at an early age has been linked with later negative

32

“World Drug Report 2009”. European Monitoring Centre for Drugs and Drug Addiction.

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- 62 consequences from a social and health point of view”.

2.2 Psychoactive substances. By using the classification made by the Foundation for Aid against Drug Addiction33 (FAD) we can categorize the substances as depressants, stimulants or hallucinogens according to their effects on the nervous system. Just as there are different types of substances, the later effects and consequences of their use depend on the different ways in which they may be taken. Therefore, supervision of the quantity consumed, purity of the dose, frequency of use, route of administration and duration of use over time will be of vital importance to reduce the negative consequences of harmful substance use. The Foundation for Aid against Drug Addition defined different types of use depending on the environment and place of use and has drawn up the following classification: Experimental users: situations of initial contact with one or several substances which may lead to the abandonment of these or to continuity in their use Occasional use: intermittent use of substances, without any fixed time period for use and with long periods of abstinence. The individual continues to use the substance in groups and already knows the effect of this drug on his body. Habitual users: involves the frequent use of the drug. This practice may lead to other kinds of use, depending on the substance, the assiduity with which it is employed, the characteristics of the person, the environment in which they move, etc 33 www.fad.es. Fundación de Ayuda contra la Drogadicción (Foundation for Aid against Drug addiction).

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- 63 Compulsive use or drug addiction: the individual needs the substance and all his life revolves around this in spite of the complications which this may cause As far as the data on both the type of uses and age of initiation is concerned, the principal results at a national level mainly come from the two large state surveys on the use of drugs in Spain which is carried out, every two years by the Government Office for the National Drugs Plan: Home-based Survey (EDADES) aimed at the general public aged between 15 and 64 and the School Survey (ESTUDES) directed at students in secondary education between 14 and 18. According to the School Survey, in 2008 the drugs most used by young people were alcohol, cigarettes, cannabis and tranquilizers or sleeping pills. The average age of initiation was 13 and 14 and the proportion of users increased progressively with age, reaching its height among students of 18. The greatest use of alcohol and cannabis was between 14 and 15, whereas cocaine appeared mainly between the ages of 17 and 18. We will now look briefly at the prevalence of use of the principal harmful substances consumed at a national level. - Use of alcoholic drinks: According to the abovementioned surveys at a national level, alcohol is the substance which is used most widely among Spanish students, with this use most concentrated at the weekend. 23% of those surveyed drink every weekend and 56% have got drunk at some time In Spain the use and abuse of alcohol has been traditionally associated with a socializing function arising from its use in celebrations and leisure facilities. However, this habit has led to harmful practices among young people. There has been a change from the traditional “Mediterranean� pattern of use, associated with DREJC- project Final report 2010


- 64 meals, to an Anglo-Saxon model in which people drink a lot in a short space of time, such as at leisure facilities over the weekend and especially drinks with a high alcohol content. This conduct, which is called binge drinking, is high risk and at this time it is the way young people behave in our country”34. Therefore, alcohol consumption among young people has the following characteristics: it is compulsive use, at the weekend, at night and in general socially acceptable. - Use of Cannabis: The European Monitoring Centre for Drugs and Drug Addiction points out that use in Spain has tended to stabilize and even decrease from 2008 in line with the rest of the European Union. A development which, according to the Monitoring Centre, allows “prudent optimism”. In relation to this, the study notes that the use of cannabis in Spanish schools among young people between 14 and 18 fell from 36.6% to 29.8% in 2006. In Spain it is the illegal drug which is used by the highest number of students and the one which students begin to use at the earliest age. Use is quite a bit more widespread among males (13.6% had used it in the last year) than among females (6.5%) and among young people of 15-34 (18.8%) than among those above this age (4.0%). Furthermore, the European Monitoring Centre for Drugs and Drug Addiction states that it is far more probable that cannabis users will use other illegal drugs than the general population aged 15 and 16 in educational centres. - Cocaine use: Cocaine is the second illegal psychoactive drug as far as prevalence of use in Spain is concerned: 8 % of the population between 15 and 64 has tried it at some time. “Guide on Drugs. Realities, myths, effects, types”, National Drug Plan, (Ministry of Health and Consumer Affairs, Spanish Government, 2007).

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- 65 The prevalence of cocaine use in 2008 among young people between 15 and 24 is estimated to be 2.2% which represents 1.5 million users in Europe. The most recent estimations of cocaine use are similar among the 15-34 and the 15-24 age groups. - Heroin use. “In Spain the number of people admitted for treatment for heroin addiction has decreased and there has been a modification in the predominant route of administration as this has changed from injection to smoking or inhalation. Two factors have played an important role in these changes; the emergence of AIDS and the development of prevention and harm reduction programmes, such as the exchange of needles and maintenance with methadone which has been considered an effective alternative therapy for many years. In relation to the tendencies in use, in the case of heroin a decrease in the tendency to experiment since 1999 has been noticed and from this date there has been a trend towards stability or an increase”35. - Synthetic drug use. 4,3% of the population between 15 - 64 has tried ecstasy at some time in Spain. Among school children aged 15 to 16, the prevalence throughout life in the use of ecstasy oscillates between 1% and 5% in the majority of the 28 countries surveyed in 2007 by the European Monitoring Centre for Drugs and Drug Addiction.

2.3 Drugs – juvenile crime relationship. Drugs and Juvenile Crime. In the World Drug Report (2009) it is stated that “drugs and crime are inextricably linked, although the relation is not direct. People may commit crimes under the influence of drugs and they may also do so to finance their 35

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- 66 drug habit. Furthermore, the majority of countries prohibit the cultivation, preparation, possession, use, acquisition, sale, distribution, importation or exportation of drugs”.36 However, and even though numerous studies have proven the link between drugs and crime, it is impossible to define this relationship in a universal way as there are numerous factors which influence this (age, sex, social context ……) Therefore the question of whether drug use causes crime or whether crime causes or leads to the use of harmful substances remains open. Commission of a crime depends on a wide range of social, environmental, psychological and biological factors. As far as juvenile crime is concerned numerous studies have stated that crime induced by the use and/or abuse of harmful substances mainly responds to contextual and cultural factors with special emphasis on the use in nocturnal leisure environments. Bearing in mind the number of factors on which the commission of a crime by a young person depends and including psychological and biological factors, it would be logical to think that depending on the type of harmful substance and the effects these might have on his organism, the commission of one type of crime rather than another would be possible.

2.4 The young offender consumer of harmful substances. The European Monitoring Centre for Drugs and Drug Addiction agrees with the member States of the European Union when it identifies young offenders as one of the groups which is especially vulnerable to the use and abuse of harmful substances. So the majority of studies carried out measure the vulnerability of young “World Drug Report 2009 Office

36

– “Executive Summary”, United Nations. Drug and Crime

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- 67 people in a certain country in relation to the number of young people in care in state institutions as well as the number of young people who are in trouble with the law. So the group of young offenders becomes one of the groups for priority action as far as prevention and intervention in drug addiction is concerned. It is necessary to differentiate between these groups and all the rest of children and young people to implement specific actions which will promote a favourable outcome. With the aim of clarifying the psycho-social context of young offenders using harmful substances we asked the experts taking part in this report about the “profile” of this group, drawing the following conclusions: Concerning the variables of sex and gender there is agreement in pointing out that an increase in the use and abuse of harmful substances takes place from the age of sixteen and being a male is a risk factor for this use. With reference to the social and family environment we met both with young people who belong to groups suffering social exclusion as well as others who are part of more groups in a more favourable situation therefore the fact of belonging to a determined social group is not one of the determining factors. As we can see, we cannot establish a sociopsychological profile of the young offender using harmful substances as we are not referring to a very heterogeneous group (even though they share the condition of “young person in trouble with the law”).

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- 68 Chapter 3 Criminal justice strategies 3.1 Applicable measures According to article 7 of the LORPM the measures which the Judge in the Juvenile Court can impose, ordered according to the restriction of rights are the following: • Imprisonment under a closed regime. • Imprisonment under a semi-open regime. • Imprisonment under an open regime. • Imprisonment under a closed, semi-open or open regime. • Out-patient regime. • Care in a day centre. • Weekend prison stay. • Probation/Parole • Prohibition to approach or communicate with the victim or any of the family or other people ordered by the Judge. • Living with another person, family or educational group. • Community service. • Carrying out social or educational tasks. • Warning. • Withdrawal of a motorcycle license and motor vehicles, or the right to obtain one, or official permits for hunting or for the use of any type of firearm. • Total disqualification. Imprisonment measures will consist of two periods: the first will be carried out in the corresponding centre and the second on parole. The team of specialists should provide information about the content of both of these periods and the Judge will dictate the length of each of them in the sentence. When choosing a measure or DREJC- project Final report 2010


- 69 measures not only the legal evidence and assessment of the events but especially the age, family and social circumstances, and the personality and interests of the child should be taken into account in a flexible way. The last two factors should be considered as they are reflected in the reports from the team of specialists and from the public authorities for the protection and rehabilitation of young people when these bodies have had contact with the young person through having previously implemented a cautionary measure or a final ruling. The Judge should give the grounds for applying a certain measure in his ruling as well as the length of the measure and the effect of the assessment of the aforementioned interests of the young person. Within the different measures implemented or being implemented there are those which are especially for the rehabilitation of the young person, such as therapeutic imprisonment or out-patient treatment. As defined in article 7 of Act 8/2006, in therapeutic imprisonment special educational attention is provided or a specific treatment directed at people who are suffering anomalies or psychic alterations, a state of dependence on alcoholic drinks, harmful drugs or psychotropic drugs, or alternations in perception which lead to a serious alteration in the awareness of reality. This measure can be applied alone or as a complement to other measures. As far as out-patient care is concerned, the person subject to this kind of measure should attend the designated centre at the times requested by the doctor who is treating them and follow the guidelines established for adequate treatment. As in the previous case, it is a measure which can be applied alone or as a complement to another measure.

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- 70 3.2 Implementation of the measures. Implementation of the measures is carried out under the principle of legality and the Judge in the Juvenile court who has imposed the sentence on the young person has the power to follow-up the measure, the only exception being in the case where various measures have been imposed on the same young person by different judges in which case it will be the first judge to impose a measure in a final ruling who will be responsible for supervising all the measures. The Judge can also adopt any decision which may be necessary to carry out the effective implementation of the measures imposed, to decide on proposals for reviewing the measure, to approve individualized programmes for implementing the measures (PIEM), to follow the development of the young person during the performance of the measures through the follow-up reports on these, to settle the appeals which are lodged against the decisions made for the implementation of the measures, to agree on whatever is necessary in relation to requests or complaints about the treatment the young person is receiving, to make visits in order to see the young people, to draw up proposals and recommendation for the public institution, as well as adopting the decisions which, in relation to the disciplinary regime, are conferred on him in article 60 of the Act (appeals against the disciplinary proceedings). As stipulated in article 45. 1 of the LORPM: “The implementation of measures adopted by the Judges in Juvenile Courts in their final rulings is the competence of the Autonomous Communities and the Cities of Ceuta and Melilla, in accordance with the final twenty second provision of the Organic Act 1/1996 of 15 January on the Legal Protection of Young People. These public institutions will carry out, in DREJC- project Final report 2010


- 71 accordance with their respective norms, the creation, direction, organization and management of services, institutions and adequate programmes to guarantee the correct implementation of the measures stipulated in this Act.” Each measure imposed on the young person is unique and is adapted to his circumstances, to the objective proposed in the sentence as well as those put forward by the specialists responsible in each centre and also to its content, purposes, schedule, objectives and other socio-educative circumstances which are considered in the case file. The documentation contained in the young person’s case file is vitally important in the case of drug-related crimes because it is here that the development of the child during the implementation measure is shown. This case file, among other documents, will contain the follow-up and incident reports as well as the final report. The public institution will send them to the competent judge in the Juvenile Court, who will then have vital information to adopt the decisions which he is authorized to take during the phase of implementing the measure. The PIEM can be defined as the “planning document for the socio-educative activities to be carried out by the young person, based on observing him and his diagnosis, with the aim of achieving a change in his behaviour, to increase his selfesteem, to enable him to learn skills and positive social norms, his integration in the Centre, as well as whatever other contribution may facilitate his social and family integration from the point of view of criminal responsibility”.

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- 72 3.3 Specific measures. - Therapeutic imprisonment under a closed, semi-open or open regime: Implementation of these measures in carried out in centres with teams of specifically trained specialists, with medical staff and clinical psychologists supervising and participating in all the directive and interventional teams. A specific treatment directed at young offenders who suffer from a state of dependence on alcoholic drinks, harmful drugs and psychotropic drugs will be carried out. - Semi-open measures: The Judge will be able to impose one or several measures established in the Act on the young person, independently of whether it is a case of one or more incidents. It is very common, above all in cases of semiopen measures, that several measures are imposed for one incident. Measures involving living in an educative group is very compatible with out-patients care or detoxification or out-patient psychological treatment. - Out-patient treatment: This measure can be applied alone or as a complement to other measures. As it is semi-open, logically it is a measure adapted to petty crimes or minor offences. Two types of measures are defined for out-patient care: • Psychological: young people subjected to this measure will have to attend the centre or designated place at the times which have been agreed with the team of specialists or the psychologist of the semi-open team, and they must also comply with the instructions and the treatment for the anomaly or psychic alteration, or alterations of perception from which they are suffering.

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- 73 •

Detoxification from addiction to the use of alcoholic drinks, harmful drugs or psychotropic drugs. When the interested party rejects detoxification treatment, the Judge will have to apply other measures which suit his circumstances.

It is important to point out that undergoing such treatment is voluntary for the young person. We should also say that in cases where the measures are simultaneous, coordination from the public authority is vital in order to organize activities successfully as well as to achieve a coherent intervention from all the educators who are participating.

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- 74 Chapter 4 Option in the national health service and in the legal and social services 4.1 Health interventions: the health services in Spain Two concrete precepts of the Spanish Constitution37 directly affect the content and organization of the health services, articles 41 and 43. The first of the precepts cited establishes the obligation of the public authorities to maintain “a public system of Social Security for all inhabitants”. The second acknowledges the “right for health protection” entrusting the public authorities with the organization and supervision of health through “preventative measures and the necessary benefits and services”. In Spain, Government policy in matters of health, health planning and care and consumer affairs, as well as the exercise of the powers of the State Department to ensure that citizens have the right to health protection, corresponds to the Ministry of Health and Social Affairs. Coordination of the National Health System, through Act 14/1986 of 25 April, General on Health, and the decentralization of the State with the gradual transfer of competence for health matters to the autonomous communities, provides a starting point and the framework which has promoted the development of mental health care for children and young people in recent years. The National Drugs Plan is a government initiative created in 1985, with the aim of coordinating and strengthening the policies in matter of drugs which are carried out in the different Public Authorities and social institutions in Spain. With this plan it is possible to see how important it is that the Government Office, the 37

The Spanish Constitution of 1978.

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- 75 Autonomous Communities and Cities as well as NGOs and scientific associations promote the spread and accessibility of treatment for drug addiction, give impetus to the preparation of catalogues for therapeutic intervention (efficient, effective, and suitable), strengthen the development of programmes aimed at the population with dual pathology, take care of the specificity of gender (encouraging the access of women to centre and programmes), developing programmes for aiding families affected by drug addiction, strengthening the role of both the Primary Care services as well as Specialized Care and Emergencies, and also specific programmes for dealing with drug addiction in young people will be developed (paying special attention to those people in young people’s detention centres or who have had problems with the law). In this way the Ministry of Health and Social Affairs is already building a bridge between the different areas which affect young offenders with problems with the use and abuse of harmful substances, where once again it is clear that coordination is necessary between professionals to provide an efficient response. Dealing with the problems of consumption in young people means not only tackling their psychological-sociologicaleducative needs in relation to the addiction but also, and especially in young offenders, it involves tackling the conflicts arising from this consumption. Therefore, they require a higher level of therapeutic support which does not hinder their development towards maturity. So, up to this date and in Spain, through the distribution of competences through the Autonomous Communities, considerable diversity in actions has been developed and these can count on the National Drug Strategy for a reference point. The structure of health resources and services available in each Autonomous Community is different and is adapted to the requirements of the DREJC- project Final report 2010


- 76 population, with the main interest focused on Areas of Prevention, Care and Harm reduction, as well as Programmes which support social integration and Programmes for helping drug addicts with legal-criminal problems Programmes for supporting drug addicts and for damage reduction described by the Ministry of Health for Social Affairs through its National Drugs Plan are listed below. The principal objective of these programmes is to minimize the damage associated with the use of harmful substances and tackle the specific problem of drug addiction therapeutically: • Out-patient care centres. • Hospital detoxification units. • Communities for therapy. • Centres which carry out methadone maintenance programmes. • Clinical trials with heroin. • Buprenorphine maintenance programmes. • Damage reduction programmes. Taking all this into account and by way of a resume it is worth mentioning the institutional framework in which intervention in drug addiction is developed, in general dependent on the Autonomous Communities through the Regional Plans and to a lesser extent through the Municipal Plans on drugs in some of the most important towns and cities.

4.2 Social and legal intervention 4.2.a Available resources in the social area. As we can see from the above details, the health and specialized perspective, centralized from an administrative view point in the different Autonomous Communities (who have full responsibility for these matters) takes prime place in the area of drug addiction. However, and in spite of the small role played by social DREJC- project Final report 2010


- 77 services in prevention and care policies in this field, the need for greater implication and commitment from this sphere of action is increasingly being considered in order to deal with aspects of prevention and reintegration into society from the perspective of providing support. Furthermore, the importance of the social services as a support network for intervention in this area is clear, as team work is required which enables each of the aspects as well as the risk and protection factors which surround the harmful substance user and his family to be tackled. In Social Services work with drug addicts is focused on acting in the different social spheres which are of prime importance for a person and moreover which have deteriorated through the addiction itself, such as the Relationship sphere, Leisure and Free Time sphere, the Family sphere and Training-Occupational sphere, with the objective of facilitating his integration, aware of the limitations, and based on operational objectives (specific and assessable). This will take place from the perspective of a slow process with small steps forwards, it will be individualized and planned from the very first moment in which the problem for the person and his family becomes visible.

4.2.b Resources available in Juvenile Justice. From Juvenile Justice through the rules approved in Royal Decree 1774/2004, 30 July from the LORPM, it is set out that “young people subject to measures of therapeutic internment should receive specialized care and a specific treatment for the addiction they suffer from, in accordance with the programme for implementing the measures�. Furthermore, the respective specialists “will draw up a treatment programme with recommended social and health guidelines and, where relevant, checks to guarantee it is followed, which will form part of the

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- 78 prepared individualized implementation programme for the measures�. In order to comply with measures of internment under a therapeutic regime, the law establishes that there are designated centres for providing this specialized support. These are young People´s Institutions which should be residential and provide a means of support and offer specific care. Therapeutic intervention is the responsibility of all the staff and activities of the centre. In this way intervention can be carried out from all the different angles possible (social, educational, relational, emotional, etc) and each one of the areas goes beyond its own borders so bringing improvements in other areas. The intervention planned from the centre is eclectic and considers the use of different tools depending on the individual characteristics of the case (capacities, beliefs, skills, etc.), the type of consumptions carried out (type of drug, type of habit, etc), the expectations or motivations for change and developments in learning. So therefore, following the Fundación Diagrama course of action, in which the cognitive behavioural model is considered to be an important tool for treatment of young offenders, urine tests are a preferential and satisfactory external control mechanism in order to avoid relapses, after the young person has been in the Centre distanced from access to these substances for a month or a month and a half. So therefore, urine tests to detect consumption form the first step to allow changes to be initiated, helping the young person to benefit from external controls at least during the length of internment so that he can receive support as he gradually becomes aware of the seriousness of using harmful substances for his physical and mental health. At a later date this will mean he can be provided with the necessary tools and/or skills so that he is capable of making decisions about this with independence and responsibility once his stay in the DREJC- project Final report 2010


- 79 Centre has come to an end. In the Centres it is considered necessary that all young people who had a harmful drug use habit before being admitted, whether this was sporadic or related to an addiction or multiple addictions, should undergo urine tests once they are allowed out of the centre. It should be pointed out here that the young people themselves as well as their families are told about this control when they return from these releases and at the same time the reasons for this are explained and they give their agreement through behavioural contracts signed prior to the Release or Outing. In accordance with the Disciplinary Rules of the Centres, and since substance use during outings is considered to be a serious offence as it involves a “failure to comply with the established conditions and control measures in authorized outings”, if on returning to the centre there is a positive test result the young person will be given the relevant educational sanction (such as deprivation of weekend release for one to 15 days, etc)… At the same time it should be stated that in those cases in which consumption is sporadic and the addiction is not established, in that the young person has only “messed around” with drugs in the teenage environment, in particular concerning cannabis and during a short time, usually an external control on consumption and supported reflection on drugs are sufficient to prevent relapses once they leave the centre. In situations in which the addiction is continuous, the young person started to take drugs at an early ages (under 14) and consumption is not only of cannabis but includes another kind of substance (synthetic drugs or cocaine, for example) once intervention on consumption has been started with urine tests, the problem is tackled simultaneously and at a psychological level. For this purpose the motivational interview, the phases of change and even referral to Specialized Services and Programmes DREJC- project Final report 2010


- 80 in the area of health and other services and programmes referred to earlier are used as reference points. In accordance with the Fundaci贸n de Ayuda contra la Drogradicci贸n (FAD) 38, among other areas of action in cases where intervention is necessary we find that the family itself is an institution which has shown to be a support factor for the young person. The family is a space for growth and learning for all its members in which the parents can act as agents to prevent the use of drugs. However, so that their intervention as parents is as effective as possible it is necessary for them to have sufficient information about drugs and the ways in which they can intervene to avoid or delay their use. They should also receive the necessary support to face up to the problematic situation of their child.

Fundaci贸n de Ayuda contra la Drogadicci贸n (Foundation for Aid against Drug addiction) - http://www.fad.es/Home

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- 81 Chapter 5 Good practice projects Efficient practices in the treatment of conflictive young people who show drug-related problems have to materialize into specific actions which really meet the quality requirement and in doing so become recommendable working tools for the professionals who then put them into practice. Therefore, as a criteria performance model for the success of these practices, two programmes, both of which have been designed by the Fundación Diagrama, have been presented; the Heliotropos Programme and the Module for Drug Addiction Prevention from the “Colección Jabato” a Programme for Psychological and Social Skills.

5.1 PRACTICE 1: heliotropos programme HELIOTROPOS is a proposal for intervention in drug addiction from the angles of rehabilitating, prevention and reintegration. This programme is directed at the general public, as far as its involvement in/links with tackling drug addiction is concerned. For this purpose it has different action programmes which aid intervention from social, family and work areas. From a biological-psychological-social model and with a multidisciplinary team the programme has been set up as a personalized system in a network. This allows each person who has been included in the programme, to receive support from the different mechanisms available in the programme until the ultimate objective of independence in life through reintegration in the work place has been achieved. This methodology, based on a network system, make it particularly innovative as it is possible to organize resources which are specific/determined for each beneficiary (employment DREJC- project Final report 2010


- 82 agencies, education resources in the Region, health centre, social services, etc…) which make social integration much easier. It is a continuity programme and can be justified by the persistence, both real and current, of the need to continue supporting this group in the Region of Murcia so as to further their professional integration as well as by the lack of specific programmes. The Heliotropos is based on an interdisciplinary focus in the Therapeutic team and its structure and development depends on the requirements of the Programme and the user profile of the beneficiary of the programme. Assessment, study and procedure for each user, is carried out with coordination, free flow of information and decision making which is agreed among everyone in the weekly meetings held by the Therapeutic team. Intervention with HELIOTROPOS has been defined in three programmatic areas: - Prevention Area. The prevention area can be defined as an intervention to be carried out continuously, progressively, accessibly from every sphere –education, work-place, social and family- and should count on the involvement of all the socializing agents. Prevention is considered from three angles: • Family: During the years in which the programme has been running, the “Family Support Group” for people treated on the programme has been consolidated. This Group is in the “Family Assessment and intervention” programme. • School: In 2002 and due to the demand from the Educational-psychology Department of some Secondary Schools in the Region, a Prevention Programme has been designed for the school environment called “Lifestyle Habits” Programme. DREJC- project Final report 2010


- 83 •

Community Environment: Prevention within the community is carried out through participation in seminaries, round tables, workshops, meetings etc. requested by Associations, Organizations and Public and Private Institutions. From the very beginning of Heliotropos we have been including this programme in the dynamic of participation and intervention of drug addicts, and this has been set out in a programme called “Socialcommunity Intervention”.

- Rehabilitation area. This area is made up of two different resources which are detailed below: • Day Centre. The Objective of this Centre is to offer alternatives ranging from personalized care based on a biologicalpsychological-social model, to the different problems which drug addicts show and which make it difficult for them to lead a normal life with independence. It has been created as a day resource which provides integral care in the treatment of drug addiction and is run by a multidisciplinary team. As a starting point we have a resource, in an out-patients regime, directed at people with drug addiction problems who require training, occupational and therapeutic intervention prior to their social and work-place integration. This is when total separation from their social-family environment in not considered necessary and support from the family is highly effective in the rehabilitation and integration procedure. The programme is designed to provide them with the social-work skills, attitudes and capacities which will make their progress towards independence and personal development easier. DREJC- project Final report 2010


- 84 The length of the process ranges from six to nine months of stay depending on the motivation to begin or finish this procedure, awareness of the problems, the reduction in risk of a relapse, achievement of the objectives and in sum the development of each user. The admission procedure starts with the reception in which an initial assessment of the case is made and information on the programme is given. Later there is a first appointment with the Guidance Department, carried out by a Social Worker, where the integration protocol, which is going to serve as a guide for us through the procedure, is begun. Once entry into the Centre has been agreed, an individualized programme is set up for activities, timetables and days for attending the centre. When the trial and observation period has finished, it will be decided whether or not the person is to continue in the centre. An Educator/Tutor will be allocated who will assess and take up the planned programme again through general agreement. This programme will be continually and periodically revised and modified as required by the person’s progress. Finally and with the “discharge for completion of the procedure� planned one or two months beforehand, a search for some training/work option out of the Centre is sought. This should be compatible with attendance at the centre during this time, once again deciding on an individualized programme which will make his incorporation and progressive adaptation to the social environment and work-place easier. The Departments and activities carried out by the Centre are as follows: - Reception Department. - Guidance. - Training and occupational workshops. - Individual therapies. - Group therapies. DREJC- project Final report 2010


- 85 -

Programme of supplementary support Activities.

• Nocturnal Programme. As a result of explicit demand from the users of the Heliotropos programme the need to act from other areas of intervention was noted. This was due to an increasing prevalence of treatment in alcohol and cocaine addicts as well as a demand from active workers with addiction problems who could not manage without their work or could not openly accept their addiction problems because of their social or family situations. Furthermore, there is resistance to entering or using the general facilities which exist for the treatment of drug addicts and very little is on offer that provides an action plan with the flexibility and compatibility necessary for the family, social, work and treatment environment. Added to all this is the need for being close to the facilities by integrating them into the urban environment where this sector of the population moves. So the Nocturnal Programme can be defined as an urban programme (accessible and close at hand) conciliatory (which fits the treatment process around the working day), as well as a programme centred on the toxicological profile related to the addiction to cocaine or alcohol. This is a Programme with the primary objective of approaching this multidisciplinary treatment to this type of user. -

Integration area

• “Employment support” programme. Its objective is to improve the employability of people at risk or in situation of social exclusion with drug addiction problems through personalized integration itineraries. It is made up of the Employment Agency and the Follow-up Department.

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- 86 Heliotropos makes use of the Employment Agency as a tool to facilitate access to the work-place for the users of the programme, where they initially join the job agency as a functional means/instrument to find out more about the work profile that is required in job offers that are coming in. At the same time the following activities are carried out; research is done on organizations and companies in the region as possible employers, they spread word about the programme among companies, give out information about possible benefits from contracting, stimulate, organize and develop courses and specialized workshops to find jobs, look at risk prevention, legal-job advise, etc. The Monitoring Service starts up once the process of work integration has begun. In this service personalized on-going support as a reference point is provided in the user’s work and training stages until full independence in life is achieved. The process of adaptation and incorporation into the world of work (relationship with colleagues, authority, handling money, situations of risk, family involvement) is assessed in the Monitoring Service. The follow-up has three levels as reference points (user, social-work sphere, “Helotropos� programme) with its intervention ending when the user reaches the optimum level of independence in life (access to and continuity in the work place through their own resources, stability in family recovery, family..).

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- 87 87 5.2 PRACTICE 2: manual for psychosocial skills. “Coleccion Jabato”. Drug addiction prevention programme. The Psychosocial Skills Manual has been drawn up to develop the skills of young people who are serving judicial measures, with the aim of overcoming any difficulties they have to adapt adequately and integrate into society. These include their relationship with other people, problem solving, logical thinking, controlling their own behaviour, drug use, developing sufficient selfesteem, etc…. In this way the Drug Addiction Prevention Programme, which is part of the “Colección Jabato”, hopes to be a powerful tool to develop skills and ability in these young people which can then be employed against harmful substances use and also provides an aid for people who work with them in the educational field. The implementation of this Programme is approached from the perspective of the information-motivational treatment of drug addiction in which the young people’s motivation to change their attitudes is enhanced by the information which is provided during the sessions and activities. One of the potentialities of this Programme lies in its methodological conception and in the active, creative role of the professional trainers carrying out the intervention, as they are considered to be points of reference, capable of promoting a positive change in the young people thorough a therapeutic relationship, encouraging the balance between support and change through mature relationships and using a creative, constructive style to solve problems. For this purpose very careful training is given to the professionals who are responsible for implanting the programme in each of the resources and services of the Fundación Diagrama. In this way they can not only handle and in time master the content of this programme but they can also carry out training in skills as teachers and these skills are, to a great extent, going DREJC- project Final report 2010


- 88 to facilitate and guarantee the programme. These skills include knowing how to reinforce any progress from the children however small this may be, promoting the spread of learning to different areas of life and different contexts, stimulating the group as well as being open to the search for and support of other resources to reach the objective of the programme while paying attention to the idiosyncrasies of each child, and of the group as a whole. This Programme is made up of seven sequenced departments which are inter-related: - Department for the young person’s positioning against the world of drugs. This department aims to know more about the information on substances which the young person has before intervention on these is begun. It is important to find out what his attitude is to these problems and which risk factors are acknowledged in order to to identify the dependence process, risk and protection factors, etc‌ The attitude of the members of the group towards drugs is analyzed, evaluating myths and legends about drugs and making the group face up to these. - Department for information on drug addiction. The aim of this department is to develop a common language from the definition of fundamental concepts such as: use, abuse, dependence, tolerance, etc... The idea is to provide the young person with information on different psychoactive substances which is objective, direct, etc..: definitions, method of administration, effects (physical and psychic), risks (psychological and physical), etc - Department for drug-related risks and their consequences. Questions relating to different types of consequences which could arise from drug use are tackled. On the basis of providing the young people with information they work on: the legal consequences DREJC- project Final report 2010


- 89 -

-

-

-

-

(penal and administrative) of possession, use and distribution of substances, physical consequences caused by drug use, the consequences of this use on mental health and what the immediate intervention should be in cases caused by addiction. Department for explicative models. In this area a deeper look is taken at explicative models in drug addiction: the Responsible Use Model (Triangle individual -substance - environment) and the Change Process Model. (Phases in the process). Department for risk factors. This is for young to people learn to define and indentify risk situations and relevant risk factors in drug use so they are capable of dealing with them later Department for responsible decision making. In this department the aim is for the young people to learn to make responsible decisions concerning the world of drugs. To do this the procedure for making decisions is explained to them and work is done on this. This follows the sequence of; objectives of the decision, evaluation of alternative, priorities, consequential analysis procedure and decision making. Department for matters related to drug use. In this area other aspects are dealt with such as: looking for and using alternatives for leisure and free time other than the use of harmful substances, treatments they can have access to in order to overcome their drug addiction problems (agonists, antagonists), community resources in the social-health field (primary, secondary and tertiary healthcare), the resources and programmes that are available (day centres, therapeutic communities, others) as well as the importance of prevention in drug addiction.

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- 90 5.3 Analysis and conclusion It is necessary to point out a series of external factors which influence intervention and which are related to the current situation of the drug phenomenon. All the programmes are directly influenced by the environment in which they are implemented. The situation is determined by the political, economic and social circumstances which Spain finds itself in at this time. At this time, the political context which forms the backdrop to the strategies to be followed is directly related to the established division of powers. The applicable measures will be the result of the legal implementation decided by each Autonomous Community for this matter. In spite of this, it should be stated that there is an Agreement from the Cabinet of Ministers which gave its approval to the National Drugs Strategy39 which guides, promotes and coordinates different actions relating to Drugs and drug addiction carried out in Spain in the period 2009-2016 and serves as a reference frame for setting up the necessary coordination, collaboration and cooperation between the different public authorities and the non-governmental organizations devoted to the phenomenon of addiction. In Spain there is interdependence between the two traditional areas of action in matters of drugs and drug addiction: Concerning reduction of demand, the greatest involvement and commitment corresponds to the authorities with responsibility and competences for the health, social and education sectors. These activities will be across the board to reach the objectives sought and the Public Authorities from the Autonomous Communities will be competent in this field as well as in 39

Official State Gazette, of 13 February 2009, through a resolution of 2 February 2009, from the Government Office for the National Drugs Plan.

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- 91 work and employment, immigration and justice among others. Concerning the reduction of offer, the Security Forces and Bodies, their counterparts in the Autonomous Communities, inspection bodies as well as the specialized legal bodies are principally responsible. The Drugs policy is fundamentally considered to be within the framework of Health protection referred to in article 43 of the Spanish Constitution so, therefore, it is a State policy which requires the participation of all the authorities in the state depending on their respective functions and competences, The European Strategy 2005-201240 stipulates the need to produce a “considerable reduction in drug use, addiction, health risks and risks to society resulting from drugs”. The group at which these interventions are aimed is made up of children, adolescents and young people in the population, who are cited literally in the national strategies as a target population which, for various reasons could find itself affected to a greater extent by drug use and it is this group which takes part in what is known as “recreational use”. For these reasons it is vital to have this group in mind when it comes to applying preventative actions, as well as in their design and preparation. The General Assembly of the United Nations 41 has called on the Office on Drugs and Crime to provide assistance to the Member States who have so requested in order to guarantee that they have the legislation and corresponding institutional capacity to rehabilitate offenders and in particular young people in trouble with the law and also to accomplish their social integration in line with the United Nations rules and norms on 40 “European Drug Strategy”, (2005-2012). Recommendation from the European Parliament for the Council and the European Council on the European strategy for the fight against drugs (2005-2012), (2004/2221(INI)). 41 “Compliance with the United Nations Programme in crime prevention and penal justice, with special reference to technical cooperation activities from the United Nationals office against Drugs and Crime” General Assembly of the United Nations.

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- 92 questions of crime prevention and penal justice. On the other hand the external analysis also involves consideration of the economic situation: The National Drug Strategy warns that adoption of the different measures implemented by the Strategy will have to be adapted to the availability of funds in the budget for each financial year of application of the strategy. The first step to be taken would be to review the environment in which the programme is carried out as well as the interest groups who have joined these. There is direct dependence between the resources in the budget and the resources of the public authority which implements the programme which will proportionally affect the quality of the material resources on which the programme can count. From a structural point of view, the economic policy of the country influences the situation of young people in the later stages of integration such are those related to accessibility to the work place or equality of opportunity. From a sociological point of view, the National Drugs Strategy acknowledges the changes which have taken place in the different variables which converge in the phenomenon of Drugs such as a change in the consumer profile, the appearance of new substances, the increase in mental disorders, the phenomenon of immigration and its impact on Spanish society, the aging of problematic users, the increase in drug trafficking in the world of organized crime, changes which have taken place in the care networks and the need for diversification and individualization of the programmes and preventive actions for different towns or districts and risk contexts. We must take into account that these are factor over which no direct control is exercised and the agents who hope to implement this type of action will have to adapt

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- 93 as far as possible to the specific characteristic which the elements of the milieu in particular show. Opportunities are the resources which the programmes will have to use to the fullest as these appear as a reflection of the current trend which has to be followed to reach the desired objectives. Therefore, it is important to comment on the attachment of the programmes to the legislative lines marked out and these in turn arise from the reforming vocation of restorative justice for young people in trouble with the law. Fundaci贸n Diagrama is an independent organization staffed by professionals and volunteers, committed to childhood and young people in difficulties and in socially conflictive situations and therefore at risk from exclusion and imprisonment. It is an NGO working at a national and international level, set up 20 years ago42 with the aim of promoting the development of Centres, Programmes and Research for the prevention, treatment and integration of children and young people in social difficulties as well as making public opinion and social agents aware of the problems of this sector with the objective of obtaining active, creative participation which will mean effective responses can be started up to achieve their integration and independence in life. Both programmes are included within the domains devoted to prevention and intervention, which basically implement action plans which provide skills and resources with which they can solve their problems adequately. However, it also covers other across-theboard issues such as those related to the sphere of Centre and Educational Programmes as intervention is also carried out here, and issues connected with integration into society and the work-place which is one Fundaci贸n Diagrama. Number in the General Register of Foundation under the protectorate of the Ministry of Work and Social Affairs 30/0082.

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- 94 of the areas where aid is offered in the later stages of the intervention process. Therefore, as a result of everything expounded throughout this report and in an effort to combine the contributions from professionals and experts in the sector of drug addiction and young people in trouble with the law, with reflections arising from the first-hand experiences during the implantation of both Programmes (Heliotropos and The Programme for Drug Addiction Prevention “Colección Jabato”), we can synthesize the following conclusions and recommendations: 1. In recent years it has been observed that hedonist rather than social values such as responsibility are predominant among young people. There is a constant search for pleasure and time is organized on the basis of leisure and fun, a fact which is also indirectly associated with the use of harmful substance as well as to the way to reach these objectives. (R)43 It is considered necessary to bear in mind the value system and social beliefs prevailing around the substance use and postmodern culture when developing drug prevention and intervention policies so that these offer plausible alternatives for children and young people who are saturated with information and therefore, need a greater stimulus to guide their interests. 2. The new life styles in youth means the use of harmful substances and the tolerance towards drugs is greater and this decreases the capacity for reaction. The spread of use in the adolescent population has led to the belief that it is an almost “essential” requirement to form part of this group, a belief reinforced by the need which is part of being a young person at this development stage for feeling that they belong to their peer group. (R) The “normalization” of harmful substance use takes place through different social and cultural facts and it is 43

(R) Recommendations.

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- 95 clearly a handicap for developing the capacity for reacting and facing up to this problem especially for young people who have to make responsible, mature decisions at a stage in life in which they are still developing their personality. So it is recommendable that these issues are taken into account when it comes to interventions for drug addiction prevention once work is being done with young people who are starting out in drug use as the health options offered to them should not be in contradiction with their own characteristics and needs as adolescents. 3. In Spain the Autonomous Communities have taken over the responsibility for the promotion and accessibility, the preparation of catalogues and the setting up of actions and therapeutic intervention programmes, under the umbrella of the national plan. This division generates a multitude of different perspectives when it comes to interpreting and implementing the National Drugs Plan and this makes it difficult to homogenize courses of action in social policy. (R) In this respect and bearing in mind the above conclusion, we can also point out the advantages brought by having a wide range of possibilities throughout Spanish territory as this means that the experiences of professionals working in this sector is enriched. So, by analyzing the strengths and weaknesses of this “sectorization�, a greater effort from the parties when it comes to joining actions in search of a communal, measureable and assessable model is considered to be essential. 4. It has been observed during the implementation of national strategies how it is considered necessary to include the group of young offenders with problems associated with the use of harmful substances as a vulnerable group for attention in social policies. This means developing actions which treat these as priority DREJC- project Final report 2010


- 96 groups and these should be very specific courses of action. However, the multidisciplinary nature of intervention with drug addicts (health and social field) and even more so in the case of young offenders with drug addiction (health, social and judicial field), together with the division of responsibility within the State slow down the introduction of objectives. (R) Interdisciplinary importance in the dealing with these problems (health, social and judicial). The need to work on the problem of substance addiction from a biologicalpsycho-social perspective is generally accepted. This means all areas of intervention must be involved. As it is understood that it is easier to use a multi-disciplinary approach in the micro-social context around the young person, contexts which are defined by the working-team in the Centres, or shaped locally and coordinated by reference regional management offices, it is considered important to defend compliance with national objectives for dealing with young offenders as a priority group through partial and municipal or provincial actions in permanent coordination with the higher authorities with the final interest of creating a communal framework for action. 5. Another issue closely linked to the position of the LORPM is the conviction that acceptation of the imposition of a therapeutic regime from the Judge and therefore the involvement of the young person in the therapeutic treatment should come from the young person himself. Sometimes there is low acceptation of the problem at the outset so that on most occasions, faced with disagreement, it is necessary to turn to the professional judgment of those responsible so that they implement the therapeutic measures which are necessary to help the personal development of the young person and his later integration into his social environment.

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- 97 (R) Based on the above and with the understanding that is it not the task of the report to evaluate the characteristics of the law but rather to develop good practices when it comes to implanting programmes and carrying out the necessary action plans to help towards the integration of young offender who are substance users, it is considered necessary to not only develop general programmes to act on the problem of use and abuse of drugs in this group, but also to carry out specific interventions with young people who do not admit to their problem in such a way that in the future they feel they are the agents of change and even ask for changes in their therapeutic measure, as a prime objective. 6. There is no profile for young offenders who are harmful substance users. Using the report and studies as well as research carried out on the target population at which this report is directed, the variability of personal, social educational, etc characteristic of the young offenders becomes clear. (R) So, paying attention to this diversity, and insofar as individualized treatment is considered necessary when implementing these measures, it is recommendable to develop an ample combination of resources and intervention tools, which help towards achieving the objectives programmed for the young person, both in relation to the offences committed as well as his mental and physical health needs. 7. The “normalization� of harmful substance use for the population in general and especially for young people is a problem when it comes to taking steps with this group. In recent years it has been observed that it is becoming more and more usual for young people to start having contact with drugs at an earlier age without being aware of the real consequences of using these substances.

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- 98 (R) So, and bearing in mind that “messing around� with these substances does not constitute a serious problem if it is tackled immediately and forcefully, it is considered necessary to develop intervention programmes for these cases of incipient drug use. In these programmes intervention on those personal aspects (low self-esteem, need to belong to the group, etc) and social aspects (external pressure, lack of alternatives for leisure and free time, etc) which aid the development of the youngsters’ maturity should be of prime importance as this enables them to take reasoned, responsible decisions. 8. Awareness campaigns do not really work, insofar as they have become something quite normal and young people do not pay very much attention to them. It is undeniable that drug addiction prevention campaigns are a necessary tool to make the population aware of the consequences of using harmful substances, however constant exposure to the same type of information means people become used to them and therefore they become less effective. (R) Bearing in mind this effect of adaptation, it is considered important that preventative campaigns continue to be varied and that they adapt to the requirements at each particular moment in time for the group for which they are intended. At the same time they should complement other action plans which are closer to the immediate context in which the young person moves. 9. Action in the field of mental health and more specifically that of drug addiction is in an incipient stage both nationally and at a European level. In 2005, the OMS, the European Union and the Council of Europe approved a declaration and action plan on mental health and in Spain psychiatric reform began to take place at the end of 1984. As we have already seen, the National Drugs Plan in Spain arose as an initiative in 1985 so that DREJC- project Final report 2010


- 99 drugs are being discussed as the object of incipient interests and therefore from a field of action which is also in its early stages. (R) So it is understood to be necessary to continue developing research work related to the use and abuse of harmful substances in general and in particular to carry out studies focused on children and young people. The main interest of these studies will be to find out about the differences between the types of drug used and the young people’s psycho-social and educational needs in order to develop programmes and action plans which are increasingly specific and adapted.

Acquired by Referent Partner: Fundación Diagrama Intervención Psicosocial, Spain Mrs. María Luisa Martínez Pastor Mr. Ignacio Valentín Mayoral Narros Mrs. Amparo Pozo Martínez Mr. Antonio María Salinas Iñigo

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- 100 DRUG RELATED AND JUVENILE CRIME GERMANY Chapter 1 The Situation in Germany 1.1 Juveniles & Drugs Among juveniles drugs in general – legal as well as illegalized drugs – are widely spread. Within the last 20 years the age of going into consuming drugs such as cigarettes, alcohol and medicine decreased constantly. The juvenile ‚party scene‘ is well acquainted with amphetamines and the so called designer drugs (esp. Ecstasy), also with ‚alcopops‘ and similar mixtures; the distinction between legal and illegal drugs is blurring. Some individual and social problems in consequence: crimes to afford and purchase drugs; alcohol as one of the catalysts for violence; in the course of a firm drug abuse: exclusion and criminalization, an accelerated way into criminal careers and into impoverishment in terms of health and psycho-social disintegration. Latest studies of the German Federal Centre for Health Education show however that the use of Cannabis is on the retreat; experts already speak of a change in trends: In 2007 only 13 % of the kids from 14-17 confirmed the use of cannabis, in 2004 it still went up to 22 %. The German police records tell us that the use of so called ‚hard drugs‘ (esp. Heroin and Cocaine) is – throughout all groups of age – withdrawing. Referring to an actual study of the local Public Health Department (Bremen) about „Juveniles in need of help because of drug problems“ Cannabis was by far the most consumed drug (in that population) with 70 %, followed by alcohol (15 %), whereas Heroin (with 9 %) and Cocaine (with 4 %) are – on a level of quantities – of minor DREJC- project Final report 2010


- 101 relevance. Often reported was a mixed consume esp. of cannabis and alcohol. The study also saw some relations between individual drug-endangering and biographical risk-items. The statistics of the German Addiction Support System (DSHS, see below 3.2.) list data about its clients: persons in contact with the support system such as advice centers, addiction services, drug rehabilitation institutions etc., whose alcohol and/or drug consumption is (therefore) considered as problematic. As well in the out-patient as in the in-patient sector clients/patients with disorders because of the consumption of alcohol, opiates and Cannabis represent the major diagnoses, while the alcohol indicated disorders are the major diagnosis group, and disorders as a consequence of the consumption of Cocaine, Crack, Amphetamines etc. are of minor relevance. The average age of the patients registered varies concerning the different substances: Cannabis related disorders we will find at younger age (average 24/25), primary problems with Cocaine with older clients (average 31), the same for Heroine (32/33) and even older for alcohol (average 35 in in-patient and 43 in out-patient settings). Some data on the living situation of alcohol and drug consuming persons: youngsters consuming Cannabis will rather live at home, whereas clients with problems on other drugs may live more likely under precarious conditions (or even in prison). Another indicator for the dimensions of problematic drug abuse is the hospital treatment as a consequence of drug consumption: In 2007 3.922 children (juveniles under 15) had to be treated in hospital following the abuse of alcohol [34.633 young persons between 15 and 25], however only 14 after consuming opiates [5.988], 66 in connection with Cannabis [3.867], 32 after consuming sedatives [729], 4 after Cocaine [337], 7 in connection DREJC- project Final report 2010


- 102 with hallucinogens [317], 15 with solvents [51] and 66 with multiple substances [10.748] (another 309 cases of div. intoxications [1.460]). Unfortunately the (large) group of patients “between 15 and 25” was not further classified resp. broken down in sub-groups: Considering the small numbers concerning children (see above) one can assume that the numbers rise with growing age so that the juveniles in the large group represent the smallest subgroup. In 2007 ‘only’ (dependent on the perspective) 76 young persons between 15 and 25 died in consequence of “mental and behavioral disorders due to psychoactive substance use” (ICD-10 F 10 - F 19).

1.2 Offenses & Prosecution The German “Polizeiliche Kriminalstatistik” (PKS: Police Crime Statistics) lists the criminal cases per anno that have been dealt with by the police – it does not of course show a true picture of crime in Germany anno 2009. Registered are young offenders in terms of suspects, as are children up to the age of 13 (although criminally not responsible yet), juveniles up to the age of 17 and adolescents up to the age of 20. Among all listed convicts in 20098 we will find 4,3 % of children, 11,3 % of juveniles and 10,5 % of adolescents – all in all about 26 %. The number of suspects has lightly decreased throughout all age groups (in 2008 as well as in 2009), the highest decline to be found within the juveniles (esp. 16 and 17). A still higher decline in the group of German juveniles, but lightly also in the group of juvenile foreigners (and on a lower level altogether). An increase was only regarded within the group of adolescent foreigners (as well as in the foreigner group at all, but also an a low level). Asking for the criminal acts we will find a greater decline in the subgroup of heavy thefts and threats, as well as in the subgroup of drug DREJC- project Final report 2010


- 103 offences with Cannabis. As far as all drug related offences are concerned, the group of young offenders is underrepresented whereas adolescents are overrepresented; in the field of the so called direct drug related offences the whole group is underrepresented. The most drug offences happened in connection with Cannabis and Amphetamines, rather seldom with Heroin or Cocaine. All together – without regard of age – we observe a decline in drug related crime since 2004, now back on the level of the year 2000, which is mainly a decline in Cannabis related offenses. As well in 2008 (9,2 %) as in 2009 (- 7,3 %) we found a significant drop in the number of adolescent drug offences, at least in the group of German adolescents, but also – again on a lower level – in the group of adolescent foreigners (where we found, however, a drop of 11,2 % in 2007). All in all the development of so called “drug crimes” in the last years looks as follows: Special drug enforcement offences are on the retreat concerning the most substances (also incl. Amphetamines, Ecstasy: - 23,6 % in 2009). Little increase only in the group of general offences concerning Cannabis (- 1,4 %), whereas trafficking offences are dropping. The registered drug related crimes dropped by 8,1 % in 2009. Of all special drug enforcement offences only 0,3 % – following the police records for 2009 – were committed by children below criminal responsibility, 8,8 % by juveniles and 17,3 % by adolescents. So called “direct drug related crimes” were registered for children in 0,2 %, for juveniles in 4,2 % and for adolescents in 9,6 % of these cases – with higher rates for Cannabis and lower rates in connection with Heroin and Cocaine. All in all drug related crime is on the peak in the police statistics between the age of 21 and 25. As far as juveniles are concerned we mainly have to deal with so called

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- 104 consumer offenses (possession and purchase of small amounts), esp. of Cannabis.

1.3 Conviction & Sentencing In 2008 almost 55.000 juveniles and little more than 70.000 adolescents were sentenced, which is much less than in the years before. Sentenced for drugs-related offences we find 2.171 juveniles and 8.401 adolescents (following the official statistics of Criminal Prosecution 2008). 1.644 juveniles and adolescents were sentenced to prison for drug related offences: In more than a half of these cases the sentence did not amount one year, in another third it did not amount two years – only 137 youth prison sentences in 2008 for example (concerning all offences) turned out with more than five years. Two out of three youth prison sentences were suspended with probation, that is almost 80 % of the sentences up to one year and up to 55 % of those up to two years. On march 31st 2008 little more than 6.000 persons in German prisons had been sentenced on the basis of the juvenile court act. However, only about 10 % of them were juveniles (aged 14 up to 17). The offences were mostly property offences, robberies and bodily injuries – very seldom direct drug offences (although no reliable data on drugs-related crime exist). Other than that 112 persons less than the age of 21 were detained in a so called measure of addiction treatment in forensic psychiatry; mostly because of violence offenses, also property offences, only 15 % because of direct drug offenses.

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- 105 Chapter 2 The Legal Framework The German law knows the Juvenile Court Act (JGG) on one hand and the Juvenile Support Act (SGB VIII) on the other. Since the research project is concentrating on „drug related and juvenile crime“, the criminal law goes up front – however due to the principle of subsidiarity (see below) it should be the other way around. Because of this we will have to take into account the overlapping and interference of both legal matters. Without precise distinction the juvenile support act system is based on the voluntary principle whereas the juvenile court act system – in last resort – takes on involuntary measures ranging from out-patient to inpatient sanctions.

2.1 The Juvenile Court Act (JGG) The general penal code (German StGB) tells us whether a certain behavior or action is a criminal offense at all, as do the so called supplementary crime acts, here esp. the law governing the use and traffic of drugs (Drug Enforcement Act: BtMG). The Juvenile Court Act (JGG) rules out how to react on juvenile and adolescent offenses, the special procedures in prosecution and at court as well as specific rules for the enforcement of sentences and measures as for prisons. The JGG does not stipulate – however – the sentencing of juvenile offences neither a sentence in a certain way or degree. It should pursue integration resp. reintegration and how to accept responsibility in accordance with the age, instead of mere punishment. The so called „Erziehungsgedanke“ (idea of education) is meant to be the basic line of the juvenile court act – revenge, penance and general crime prevention shall not DREJC- project Final report 2010


- 106 gain any importance at all, the objective wrong of the offence shall not be become a independent sentencing guideline (says the federal court). In this way „education“ means limitation of the penal purposes and aims, retention concerning penal coercion and avoidance of harmful interventions of social control inflicting the process of growing up. The JGG takes into consideration – says legislation – the insight that informal reactions are not only the cheaper but also the faster and more human possibility of dealing with juvenile delinquency and far more effective in terms of prevention and relapse control. Consequently in the JGG we will find no minimum penalties and – as was already pointed out – no necessity to punish or react in a certain penal way at all. It requires the preference of measures with lower impact instead of severe sanctions (as is the principle of subsidiarity): informal instead of formal reactions; help oriented instead of penal measures; out-patient instead of in-patient sanctions. In many cases discovery and interrogation will do as effective reactions. Adolescents will be handled on the basis of the juvenile court act, if they are regarded – concerning their personality – to be rather juvenile than grown up, and secondly if their offence appears to be a typical youth crime. In case of doubt the JGG shall be applied – in reality this is the way in about two out of three cases. The catalogue of formal reactions in the scope of the JGG includes - so called “Zuchtmittel” (measures of discipline such as injunction, condition order and arrest) - so called “Erziehungsmaßregeln” (education measures, esp. instructions) - and the youth (prison) sentence. As already pointed out, the ambulant measures shall be preferred: at first injunctions and condition orders, DREJC- project Final report 2010


- 107 then education instructions (for work, training, traffic instructions, prohibition of visiting bars etc.), finally youth sentences and other in-patient measures. The youth prison sentence means detention in a juvenile prison and is meant to be the ‚ultima ratio‘ (the final resort): it reaches from 6 months up to 5 years for juveniles and up to ten years for adolescents or juveniles who committed severe crimes. Talking about recidivism rates following a juvenile prison sentence we have to face rates up to 80 %; almost every second juvenile prisoner will have to return to prison within a couple of years after release. In these terms the juvenile prison sentence turns out with the highest recidivism rates, also in comparison to the general prison sentence for grown-ups. Of major importance in the juvenile criminal procedures is the concept of diversion: away from the system of formal measures towards informal ways of settlement (as are: apologies, compensation, conciliation etc.). The rate of settling criminal procedures through diversion has risen up to 70 % in the last years. At the side of formal penal reactions we also have a system of preventive measures such as the confinement in a forensic psychiatric hospital. Of more importance in the context of this research project are the measures of a confinement in a drug addiction clinic (rather seldom on juveniles or adolescents) or the withdrawal of a driving license.

2.2 The Juvenile Support Act (SGB VIII) The fundamental aims of the German youth welfare law (Juvenile Support Act, official name: Social Law Book VIII, SGB VIII) are to support the individual and social development of young persons, contribute to the reduction and avoiding of DREJC- project Final report 2010


- 108 disadvantages, protect children and juveniles against harms to their wellbeing and contribute to good living conditions for young persons and their families. Among others, one specific task of the public youth office is the participation in criminal proceedings against juveniles and adolescents (up to the age of 20). Also when participating in criminal proceedings, the youth office has to observe these fundamental aims. The SGB VIII defines how it has to fulfil this obligation. The basic article for the role of the youth office within criminal proceedings (article 52) decrees, that it shall assess in an early stage of the procedures whether specific support offers for the young person have to be taken into account. Is this the case or has a specific offer already been initiated or granted, the youth office informs the state prosecutor or the judge, so that they can certify whether the prosecutor can desist from further prosecution or the judge can divert the running proceeding. The youth welfare office is expected to play an active and also counselling role that enables prosecutor and judge to renounce further prosecution or avoid at least imprisonment. The instruments the youth welfare office has to its hands are especially the mentoring order, social trainings, social group work and assisted work orders. It has to manage personal crisis, give support and assistance and to improve the live situations. Its social workers shall advice the court on the grounds of their professional perspective, whether at all and in which

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- 109 forms the treatment and support of the young accused seem to be necessary and possible. The tasks of the youth welfare office when participating in criminal proceedings can be summed up as follows: It shall (1) towards the accused juvenile or young grown-up - highlight socio-pedagogical offers and support, also independently form criminal proceedings, if applicable initiate, arrange or carry it out, - offer ambulant support, especially a mediation with the victim, or arrange it, - prepare the young accused for his trial and advice him about the progression and consequences of the proceedings, - assist him throughout the whole proceedings and support his re-integration. (2) propose preliminary decisions aiming at avoiding or shortening pre-trial-detention and at a diversion of the procedures. (3) if needed embrace parents and other familiar persons in the discussion of possible helps and offers, and to advice these persons properly, (4) towards the judicial authorities it shall - describe the personal, familial and social realities of the juvenile or young grown-up - inform them as early as possible about possible youth welfare offers, - advice them concerning the consequences of penal sanctions and inform them about possible youth welfare offers (alternative sanctions) - assess alternatives to pre-trial detention and inform the judicial authorities

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- 110 - initiate, supervise and – if necessary – carry out pedagogical measures (according to the SGB VIII), if no other person is in charge. The judicial authorities have no means to execute alternative sanctions. Strictly speaking alternative sanctions in Germany are the obligation, set upon the juvenile or young adult, to accept an offer of support by the youth office and to participate in it. If he fails to comply with this sentence, the juvenile court can impose a short term detention on the convict, but it can nether force the convict to participate or execute the offer against the will of the youth office. Socio-pedagogical mentoring, grouppedagogical interventions, educational work offers and victim-offender-mediation are offered only by the youth welfare office. The youth court may impose those orders and measures upon the young convict, but the approval, organisation and accomplishment of those offers is the responsibility of the youth office. In order to ensure, that the supposed measures are being executed, the court must cooperate with the office. According to the basic principles of German welfare law, the support must be applied by the person concerned or at least be virtual accepted. The fundamental aims demand to avoid or diminish processes of exclusion in regard of the many difficulties, young convicts have to face in their life. This means to support the social integration of delinquent young persons or those at risk by improving their conflict- and social competencies and to support diversion and avoid imprisonment.

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- 111 Not the delinquency as such but rather the young person’s social and behavioural difficulties and his personal needs (minor social abilities, situations of discrimination or deficiencies, addiction and health problems etc.) are the significant points for the interventions and support of the youth welfare. Rather than purely and directly avoiding recidivism the youth welfare aims at improving and supporting positive developmental progressions in the following aspects: - personality and identity development by supporting positive self perception, - familial resources und social support: e.g. emotional needs, reliable contact persons in the situation of a crisis, - basic material needs, - school, vocational training, jobs: appropriate cognitive promotion, - social skills, improved frustration tolerance, competencies concerning the consumption of stimulants.

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- 112 Chapter 3 The Support System This report focuses on projects in the drug addiction support system rather than programs in the crime prevention system: Successful drug addiction support will prevent drug related crime – crime prevention however will not solve addiction problems and in consequence will fail to prevent crime at all. In individual cases there may the need for a complementary crime preventive attempt aside a priority drug addiction measure, but it has turned out to be rather ineffective to rely on a crime prevention attempt in priority with only a complementary drug addiction support. For this the addiction support system is in the focus of our study: To guarantee an independent social participation for persons with addiction problems Germany offers – this is told by the “Jahrbuch Sucht” (Yearbook Addiction 2010) – a developed, effective and efficient network system of support, that is called “Suchthilfe” (addiction support and/or drug advice). “Suchthilfe” wants to maintain, improve or restore the participation in employment and life in society for persons with addiction problems. In a differentiated support system we will find early support in low threshold supply, individual offers in about 950 advice centers, to prepare e.g. for a qualified withdrawal treatment in more than 200 institutions and for medical rehabilitation on more than 12.000 places. Participation in employment may be trained and prepared in the range of rehabilitation and in projects for work and qualification. Participation in social life is the aim of about 300 offers of living under care and residence projects for persons with multiple and chronic addiction problems. Another standard offer are self-help groups close to the residence. “Suchthilfe” in Germany is networking with each other and with other fields of work; DREJC- project Final report 2010


- 113 outstanding the cross-section task of substitution in cooperation with medical practitioners (with registered 72.200 opiate addicts and great efforts to improve the support for children, juveniles and pregnant women). Surprisingly, the existence of this drug addiction support system is somewhat hidden, also in official statistics and reports. However, the German “Hauptstelle für Suchtfragen e.V.” (DHS) and the German “Suchthilfestatistik” (DSHS) provide extensive information and data.

3.1 The Work of the German “Hauptstelle für Suchtfragen e.V.” (DHS) From the own DHS-description http://www.dhs.de/web/daten/DHS_Image_eng.pdf : “Alcohol, tobacco, prescription drugs, illegal drugs or pathological gambling and eating disorders – addictive behavior takes many forms. The DHS estimates that around 1.6 million people in Germany are alcohol dependent and 1.4 million dependent on potentially addictive medicaments. More than 9.3 million people are at risk from their alcohol consumption. Between 100 and 150 thousand people use illegal drugs intensively and in high risk forms of consumption. The DHS has the aim of informing people about addiction-related problems, advising them and drawing their attention to support provision. This involves preventive measures (addiction prevention), in the form of providing information about the dangers of addiction and its possible consequences. In addition, the DHS member organizations offer dependent people and their families concrete support and help towards self-help. This enables sufferers to find ways out of their dependency. The DHS promotes the constant qualitative development of counseling and treatment for people with addiction DREJC- project Final report 2010


- 114 problems and is committed to ensuring the availability of such provision. The incidence of addiction is partly dependent on society‘s attitudes towards addictive substances and whether it promotes or restricts their spread. The DHS therefore makes every effort to gain the support of important political and social groups and organizations for its objectives, in order to limit the availability of addictive substances and reduce their demand. The DHS was set up in 1947 to provide a platform for all the associations and charities active in helping addiction sufferers throughout the country. With few exceptions, all bodies involved in out-patient counseling and treatment, inpatient provision and self-help are represented in the DHS. The aim of the DHS member organizations is to systematically pool their various expert skills and knowledge of issues and problems relating to addiction prevention and addiction relief. To this extent the DHS stands for addiction relief in Germany. Information and support for substance consumers and abusers, addicts and their families are provided and put into effect in the various facilities of the member associations and through contact among their members. The range of provision in the field of addiction relief includes 1.400 counseling centers, 160 specialist clinics, 7.500 self-help groups with 120.000 members, as well as daycare centers and night shelters for dependents, and residential and aftercare groups. Staffing the largely locally based addiction relief facilities are more than 10.000 social workers, educationalists, psychologists and doctors, along with at least 20.000 unpaid volunteers. The Scientific Board of Trustees of the DHS has the task of providing continuous advice, promoting and monitoring the work of the DHS and in particular initiating and helping to shape the corresponding DREJC- project Final report 2010


- 115 scientific work of the organization. The DHS specialist committees tackle underlying and topical problems in the field of addiction, addiction relief and addiction prevention. They work out proposals for solving such problems, which offer dependable orientation support. The committees provide fundamental impulses for further developments and for maintaining and improving standards in addiction relief and addiction prevention. The headquarters of the DHS is both the specialist centre and the coordinating office. It is the point of contact for everyone interested in the issues of addiction prevention, counseling, treatment and self-help or for those wishing to enter into cooperative arrangements. In addition, the headquarters coordinates the interests of the member associations and represents the concerns of addiction relief vis-à-vis the federal government, federal authorities and the nationwide associations of pension and health insurance bodies. The headquarters also selects topics within the field of addiction and dependency, instigates specialist and political debates, issues position statements, develops guidelines and framework concepts and holds specialist conferences and meetings on topical issues. The aims here are to promote exchange between experts and those directly affected, to publicize the issues of dependency and substance-related disorders, to contribute to shaping public opinion and to raise awareness of the problems in the general public and among decision-makers. New tasks of nationwide interest, which emerge from topical areas of concern and from the further development of specialist subject matter, are tackled by the DHS in projects. National focus points in recent years have been – above others – “Young People and Addiction“ and “Age and Addiction“. In international projects and at European level alcohol is also a chief focus of project

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- 116 work. The work of the headquarters is supported by Germany‘s Federal Ministry for Health. The DHS issues its own periodical, brochures and other publications on various aspects of addiction and the relevant support provision: addictive drugs, addictive substance consumption, substance-related disorders, dependency, counseling and treatment provision, selfhelp. The information provided is aimed at consumers, people with substance-related disorders and their relatives. The DHS also publishes specialist materials for professional and voluntary workers in the addiction field and in related areas of activity such as health, youth or social work.”

3.2 The German “Suchthilfestatistik” (DSHS) The team of the German “Suchthilfestatistik” (DSHS: Addiction Support Statistics) is concerned with the documentation and scientific analysis of main characteristics of the support system for addicts in outpatient and in-patient settings in Germany. In yearly intervals the characteristics of institutions, employees, clients, measures and results are evaluated. The DSHS provides data on the agencies of supply, target groups, treatment volumes, main diagnoses, age structure of patients (with classes of substances), duration and success of out-patient and in-patient treatment (regular conclusion vs. irregular (see below 3.3.10.). The DSHS-data are collected yearly in out-patient and in-patient institutions within the addiction support system. Beginning 2007 the data collection was based on a core data record for the drug addiction support area (http://www.suchthilfestatistik.de/Downloads/schnittste llenbeschreibung/Manual_Deutscher_Kerndatensatz.pdf: KDS). In the KDS frame the data collection focuses on institutions (offers, personnel …) as well as DREJC- project Final report 2010


- 117 clients/patients (socio-demographic characteristics, anamnestic data, diagnoses, treatment courses and results …) and catamneses. The following information and data come from a so called occasional random sample (in 2008: all in all 814 amb. inst., 156 stat. inst. and 10 ext. services in prison). The basic data were published in the “Jahrbuch Sucht 2010” (2010 yearbook addiction) and on the DSHSplatform with several diverse data records.

3.3 The Range of Provision The following remarks are mainly based on this comprehensive information system released in “Yearbook Addiction 2010” as well as in the German Addiction Support Statistics (DSHS), with its various sets of data. The services of the German addiction support system are mainly implemented through offers in the field of addiction prevention and health promotion, counselling and basic help (low threshold support, addiction counselling, psycho-social assistance, after care, selfhelp) medical treatment (treatment in acute situations, substitution, medical rehabilitation, psychiatric treatment) integration support (esp. living homes, daytime homes) and employment promotion (vocational training, qualification). The care concerning addicted persons is based on the laws for the public health service and on the German Social Law Books, in order to promote an autonomous living and social participation and to avoid or overcome disadvantages.

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- 118 The Range of provision – Tableau of institutional offers, services, measures (2004):

type of institution counceling units and services (annual) out-patient treatment institutions, accredited substitution treatment including psycho-social assistance (registered) low threshold services (egg daytime meating points, medical and daily routine help) emergency sleeping places drug consumption rooms detoxification incl. motivational aspects for drug addicts in-patient weaning for drug addicts adaption services assistant living for drug addicts services addressing chronic multiple affected persons day- and night clinics employment projects/measures of vocational training for drug addicts self-help groups for juveniles and young adults

number (ca.) 945

places (ca.) 275.000 persons reg., seeking help

470 72.200

450

600 40 26

200

6500 80

1750 12000 4000

80 275

950 7500 80

2750

200

7500

25 100

500 1500

50 >10.000 44

150.000

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700


- 119 3.3.1 Prevention Dependency preventing help and especially early intervention are part of the welfare system regarding addiction clients and patients and is being offered on local, regional and national level. Especially the establishments for addiction prevention are of importance, many of them document their measures in a uniform way, using a self information form that can be accessed on the DHS-Website. In 2007 the Website contained a documentation of about 31 000 measures by 356 establishments: -

60 % of all measures were addressing multiplicators, another 42 % the end user; 7% were PR-measures.

-

Concerning the substance, most of them dealt with alcohol (70 %), Cannabis (43 %) or tobacco (39 %).

-

29 % of the measures were regarded as early interventions; 40 % were located at a school setting, following family-measures (15 %) and measures within the Health System (14 %).

-

Exactly half of the early interventions (50 %) addressed specific substances. 40 % of the interventions choose an unspecific approach concerning the involved substance. 10 % of the interventions dealt with behavioral addictions.

Early interventions have no or only little preconditions, aiming at surviving the drug addiction in the best possible health condition. The Addiction Support System provides daytime get-togethers, emergency sleeping rooms and 26 drug consumption rooms as well as medical offers and help in daily routines.

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- 120 3.3.2 Counseling Units A central element of the support system are the 945 “out-patient counseling and treatment units”, that were addressed by around 275.000 people looking for help every year. In order to achieve social integration and participation they provide diagnostics, counseling and conveyance, in addition to numerous other services for addicts. Internet makes contact by mail or chat possible, so there are already 41 online-counselings, which provide anonymity and are run on a high professional level. They can be regarded as a pre-stage to a personal counseling. Primarily they want to support persons to meat social expectations.

3.3.3 Detoxification There are around 6500 places in 200 establishments available that provide medical treatment as well as psychological care. Those treatment institutions are primarily psychiatric hospitals that provide the basic services in their area of responsibility. However, detoxification treatments are also offered in special departments of internal clinics. Most of the patients are being passed to further treatments, but a smaller number is already able to live an independent live without further measures.

3.3.4 Weaning Therapy / Rehabilitation In social law dehabituating addicts is referred to as “medical rehabilitation” on the basis of Social Law Book (SGB VI and V), in colloquial language as “therapy”. On the grounds of the “Agreement Addiction Illnesses” the pension funds are obliged to bear the costs (details: http://www.dhs.de/makeit/cms/cms_upload/dhs/verei nbarung.pdf). Medical rehabilitation aims at restoring the DREJC- project Final report 2010


- 121 ability to work. In many cases this requires a integrated adaption treatment and follow-up care to prepare patients as good as possible for the job market and to advance their chances of social participation.

3.3.5 Social Participation Services according to § 55 SLB IX are concerning mainly support for self-determined life in looked-after housings and support to participate at social and cultural life. The German addiction support system provides around 7500 places in 275 looked-after living establishments. There are another 7500 places in around 200 establishments especially for chronic multi-affected addiction patients, who need more intense support to be able to participate in social life again.

3.3.6 Vocational Employment)

Participation

(Work

/

“The comprehensive approach to integration … provides measures of employment promotion alongside with social-integrative services. One element is the addiction counseling (…). It is in the organizing and financial responsibility of the communal authorities – as well as the other measures of social integration.” (The Drug Commissioner of the Federal Government, 2009) Preliminary findings of the Federal Ministry of Health’ research project “Survey of good practice towards the integration of addicts in employment” had been presented on the conference “Addiction and Participation” in Pforzheim on July 10th 2009.They show that there is a severe lack of networking as only a small number of Basic Care Offices (Job Centers and social welfare offices) named addiction counseling units as a partner of cooperation, although a close cooperation is being seen

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- 122 as a major factor for the success of the integration of addicted persons. Regarding the 440 Basic Care Offices in Germany the number of around 100 employment and job projects in the Addiction Support System shows that there still is great potential for development.

3.3.7 Self-Help Since many years measures of self-help of addicted persons in the sense of autonomous conduct of life is established in Germany. In the focus are especially services for alcoholic diseased persons and their relatives. Its federal association’s last statistical survey was done 2006. According to this these associations provide 4.791 self-help groups for addicts and their relatives, gender and age specialized groups as well as groups for immigrants. Almost 70 % of the self-help groups are jointly aimed at addicts and their relatives. The 82.635 participants were addicts themselves (71 %), relatives (21 %) and interested persons (8 %). Almost 70 % of the addicted participants were males, whereas almost 77 % of the participating relatives were females. The addiction to medicine (3 %) or illegal drugs (1,2 %) played only a minor role, as well as multiple addictions, although its part has grown compared to the last survey of 2003. Member of the groups are mainly between 41 and 60 years of age (55,4 %). A total of 71,8 % are in the employable age between 21 and 60 years. Compared to 2003 the number of non-German members increased by almost one fifth up to 3,6 % and the number of groups for juvenile and young adults increased by 41 % up to 44 groups. The members of self-help groups provided individual care in 77.291 cases, mainly in the form of individual counseling (70 %) and home visits (16,6 %). Individual mentoring includes also escort to counseling units, DREJC- project Final report 2010


- 123 specialized clinics, doctors and public offices. 26,6 % of all addicted participants have had neither detoxification nor an out-patient or in-patient therapy. More than one fourth of the 58.313 addicted participants manages to be abstinent again only by the active collaboration of the group. Although 7.607 addicted participants were recidivists (13 %), more than 77 % stayed in the group (Drug and Addiction Survey 2008). Since the statistic surveying associations cover the main part of self-help activities but not all of them, addiction and self help associations estimate that there might be at least 100.000 services with around 150.000 participants.

3.3.8 Addiction Centers (Criminal Law Measures) Although withdrawal institutions should not be seen as part of the Addiction Support System, they should be addressed in this paper, since its focus is on “drug related and juvenile crime”. In these addiction centers (as part of forensic psychiatry) persons – juveniles as well as adolescents and adults – are being placed by criminal court decision based on the conclusion, that a severe crime was committed because of addiction. This measure is very seldom imposed upon juveniles.

3.3.9 Networking The networking of the different players in the field of addiction support is helpful in order to increase its effectiveness. 42,9 % of the 543 out-patient establishments have cooperation agreements with a medical or psychotherapeutic practice, more than 60 % collaborate in individual cases regarding therapy and treatment planning. 45,3 % of the in-patient establishment have cooperation agreements and 37,4 % collaborate in individual cases. Similar numbers are being reached in other fields of mandatory medical care. DREJC- project Final report 2010


- 124 Regarding the amount of hospital treatments due to the consumption of psychotropic substances this networking is essential. Of special interest is the FreD-Pilot-project (FreD = Frühintervention bei erstauffälligen Drogenkonsumenten: early intervention for young drug users on the first police contact), begun in 2000 with 15 pilot projects by the Federal Health Ministry with a scientific evaluation. Meanwhile there are more than 150 institutions that adapted the FreD-concept: a complete counseling concept, starting with the police contact, continuing with group intervention settings for reflecting the own consumption and gaining motivation for change in conduct. By giving a substituting medication it is attempted to promote the social integration and health situation of opiate addicted persons. On July 1st 2008 there were 72.200 patients registered in the substitution registry (when the obligatory registration started at 2002 it had been 46.000; 2003: 52.700, 2004: 57.700, 2005: 61.000, 2006: 64.500, 2007: 68.800). Although 6.919 doctors obtained the ability to substitute, only 2.673 are actively practicing this method of treatment (Drug and Addiction Survey 2009). In an “ideal way” substitution is a gateway challenge, since giving the substitute is practiced as a pharmacological therapy in the sense of a combined care, which should routinely offer psychological mentoring by social workers and psycho- resp. addiction therapists. The given substitution substances are Methadone (59,7 %), Buprenorphine (18,9 %), Levomethadone (20,6 %), Dehydrocodeine (0,5 %) resp. Codeine and Diamorphine (Heroine) (0,4 %). Up to now only a few obligatory cooperation projects between offenders support and addiction support institutions are known. At least, about 20 % of the outpatient establishments also counsel their clients in prisons. DREJC- project Final report 2010


- 125 3.3.10 Statistical Data on the Addiction Support System Most of the in-patient (87 %) and out-patient (60 %) institutions are under the responsibility of independent welfare organizations or other charitable agencies. Almost all of the in-patient institutions (98 %) provide assistance, counseling and treatment, a few others provide low threshold offers (streetwork, emergency places to sleep, drug consumer rooms …) or external services in prisons. Of all the in-patient institutions 72 % provide rehabilitation, 19 % adaption and 9 % are considered as partly in-patient rehabilitation centers. The target groups for out-patient institutions are clients/patients with severe problems concerning alcohol (87 %), medicine (82 %) and/or illegalized drugs (82 %); another 70 % name “pathological gamblers” and still 67 % for patients with problems concerning the consumption of tobacco. Even more than 50 % name patients with eating disorders. In in-patient treatment institutions we will find not quite a similar tableau, because the groups of gamblers and patients with eating disorders are significantly smaller. The largest group of the patients in out-patient institutions (35 %) are regarded as “Selbstmelder” (persons who sign up voluntarily reap. are not placed by opthers ore different institutions). In other cases placements are arranged by hospitals (9 %), families (9 %), medical practices (8 %), judicial authorities (8 %), employees, schools etc. (5 %) and other advice or treatment centers. Concerning inpatient institutions we will find a different picture: Only 7 % “Selbstmelder” (see above), but 15 % of the placements through hospitals and nearly 60 % through drug advice and treatment institutions. The number of clients/patients in out-patient or in-patient institutions on behalf of a court instruction varies dependent on diagnoses and/or substances. In general we will find DREJC- project Final report 2010


- 126 such judicial instructions rather in connection with illegalized drugs, whereas more seldom in connection with alcohol. In 2008 the DHSH documented 303.620 consultations in out-patient institutions (where relatives or other confident persons are included in about 6 % of those consultations) and 29.814 treatments an in-patient institutions. Asking for the “results” of the measures and offers (catamnestic data collection) we have to differentiate the out-patient and the in-patient sector because of a different data base. As indication for the “success” of treatment was regarded the regularity of the conclusion, which is also applied on cases of pre time ending with therapeutic consent or regular change to another institution. As irregular was regarded the deliberate ceasing of therapy by the patient, calling him off for disciplinary reasons or unexpected changes to other institutions (in few cases also the death of the patient). Evaluating the results in these categories we will find differences according to substances on one hand and between out-patient and in-patient institutions on the other hand. All in all patients with alcohol problems finished regularly significantly more often than patients with the abuse of illegalized drugs. Asking for the “success” (beyond the regularity of conclusion) in terms of “positive” results (= successful or improved) vs. “negative” (= worsened or unchanged) we find high numbers of positives within the group of regular ‘graduates’ (amb.: 81 %; stat.: 92 %), but still relevant numbers within the group of ‘drop outs’ (amb.: 34 %; stat.: 22 %). The evaluation resumes: “The addiction support system has good results to show, because of the will for innovation, steady training for qualified employees (inhouse and vocational) and efforts in quality management.”

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- 127 3.3.11 Specific Services for Children, Juveniles and Adolescents All the named measures and services of the addiction support system address grown-ups as well as young persons. This ensures enough contact points for all kinds of addicted – or just consuming – persons. Nevertheless the DHS has observed that for different reasons young people should get special awareness. Since juvenile alcohol and drug consumption has become the dominant topic in professional discourse as well as in the media, many institutions running prevention und counselling services have established specialized services for young persons, which are placed in the juveniles social environment and assist young people to make up for their missed chances. These services are not being documented and therefore cannot be counted statistically. Therefore it is indeed possible, that a new (addiction-) support system, responding to detractions and functions, is already being established (the FredDProgram – see above – suggests this). The DHS provides addresses of counselling units on its website, arranged by federal states and cities. The aim is to allow an uncomplicated access for interested persons on local counselling and treatment establishments (that have beforehand transmitted their data to the DHS). This includes 338 institutions that provide special services for children and juveniles, mainly in the context of their otherwise non age-specific services. Our survey came to the result, that 218 services are being provided by non-government establishments, 26 by public entities, 18 services are in the hands of private institutions; no information was gained concerning 76 services. These institutions provide nation-wide 190 outpatient counselling services addressing children and juveniles (indicating the FreD-program in 13 times), 74 out-patient and 94 in-patient treatment services as well DREJC- project Final report 2010


- 128 as 34 low-threshold support offers (as emergency sleeping rooms, provided meals, hygienic support, rooms to stay at etc.). Moreover, 46 institutions provide assisted living, 79 institutions provide psycho-social assistance for substituting persons (explicitly as a special support addressing children and juveniles!), 12 institutions reported special substitutions treatments addressing children and juveniles to the DHS. 74 contact lines are explicitly aware for immigrants, three define ex-convicts as target group. Only 11 services focus female clients, none of the services named boys as its target group (which confirms the point of view, that there is a striking lack of gender specific offers in Germany: if you distract girl aspects out of any general offer, this does not make it a gender specific service in regard of boys).

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- 129 Chapter 4 Experts’ Opinions Findings in official statistics (see above 1.) and evaluations from within the addiction support system (see above 3.) are one thing – their reflection by independent experts is another thing. A methodological focus of this research project were interviews with DREJC-experts in different fields of practice in the criminal justice and the addiction and juvenile support system.

4.1 The Experts (Interviews) All in all 12 interviews were carried out with representatives in the DREJC-area: Employees of the youth office (?) in Bremen, two prosecutors from Itzehoe, members of the drug-task-force-unit of the police in Itzehoe, two juvenile court judges from Frankfurt/M. and Darmstadt and several socio-pedagogical employees of juvenile support institutions in Lüneburg, Bremen and Rostock.

4.2 Results: Summary and Conclusion On the basis of statistical information on the incidence and scale of >drug related and juvenile crime< and its handling by the criminal justice system (interimreport) the interviews with experts in the juvenile justice and youth welfare systems lead to the following conclusions and recommendations: Juvenile drug-users in conflict with the law will be found throughout all social levels and cultural environments. Juveniles, especially males, with more severe addiction problems seem to live in lower income families and experience less social support; of course the accumulation with social problems may lead to a more DREJC- project Final report 2010


- 130 ‚alarmed‘ perception of drug-problems. The domination of consuming alcohol and cannabis in peer-groups is regarded as a symptom of a self-confidence still in growth, of juvenile curiosity and experimental enjoyment, now and then of difficult social circumstances, rather than being the cause of problems for and/or with these clients. Drug-related crime is mostly typical juvenile delinquency; aside we have to register – partly different to official announcements and due to structural conditions – the criminalization of simply taking drugs. Where more money is needed to purchase drugs for the personal consumption than can legally be afforded we find offences such as shoplifting, extortionate theft and retail trafficking. The experts prefer – not surprising in regard of the presented insights – low threshold measures and graded attempts beginning with less restrictive supports and interventions up to more intensive measures in handling these clients. Measures of diversion are applied in taking seriously the principle „support & therapy instead of intervention & punishment“. The juveniles shall gain more self-esteem in being helped to help themselves. Primarily entrusted with carrying out such measures shall be NGO-agencies in the field of youth welfare services well coordinated with the official youth welfare department and – if necessary – the juvenile court. The parents, once it has come so far, are not perceived as playing an important role. Specific measures considered as being generally useful cannot be indicated: There is an agreement that support has to be individualized and depends on specific circumstances. In general the juvenile has to feel accepted and prospects should be presented. To be regarded of great significance are structures in daily routines, support for qualifications in education and DREJC- project Final report 2010


- 131 training, if necessary integration resp. reintegration into work and into society. Often helpful as well maybe shortterm assistances in advance, for example on trips to the authorities or debt counseling. Strict abstinence is not regarded as a useful orientation in this field, rather suspected of turning out counterproductive. Concerning in-patient measures and imprisoning interventions the objection is even more resolute: in view of the fact that imprisonment goes along with high rates of recidivism as well in terms of crime as of drug addiction the renunciation of the prison in dealing with >drug related and juvenile crime< is striking. This is to plead for widespread efforts in ambulatory and pedagogical means – and claiming need for action especially in this field: Required are more, but moreover specific and matching offers of assistance; an increase in staff may be necessary as well as advanced vocational training especially in concern of >drug related and juvenile crime<. Educational measures, chances for school-reintegration, but even more important chances on the labor market, have to be enforced and matched to the special needs of the clients. This is because they need employment prospects and social perspectives to enable them to ‚grow out‘ of unstructured daily routines, problematic drug-abuse und deviance. Drug- and addiction-problems accompanied by deviance and delinquency will not be solved with the help of penal law and criminal justice – counterproductive effects of criminalizing interventions will cause more and lasting problems: for the clients, for the justice system and for society.

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- 132 Chapter 5 Conclusions and Recommendations 5.1 Social System Level: Sociological Criminological Problem Analysis

and

(1) Juvenile drug-users in conflict with the law will be found throughout all social levels and cultural environments. Drug related crime is mostly typical juvenile delinquency, in general with no harm for themselves or others – no reason to play down the problems, but even more so no cause for the dramatization of DREJC. There is a correlation between drug consumption and criminalization: criminal acts committed under the influence of drugs, in order to enable/purchase drug consumption or defined as a criminal act by the drug enforcement law (mostly low level possession, dealing or trafficking in a consumption context). (2) In dimensions of quantities (consumers, criminal acts etc.) and qualities (modes of consumption etc.) long term developments show that drugs in general – legal as well as illegalized drugs – are widely spread among juveniles and adolescents; the distinction between legal and illegal drugs is blurring. There are shifts and waves concerning substances and consumption patterns, but there is no significant rise in DREJC. Latest studies indicate a reduction of prevalence and incidence of both use of legal and illegal drugs – which does not mean to pay less attention. (3) Considering individual and social problems with DREJC it has to be differentiated in terms of substances, age groups, consumption patterns and situations and social circumstances. Juveniles, especially males, have DREJC- project Final report 2010


- 133 higher risks regarding misuse and addiction, especially when they live in lower income families and experience less social support â&#x20AC;&#x201C; the accumulation with social problems may also lead, however, to a more alarmed perception of their drug-problems (e.g. binge drinking). Campaigns that raise the awareness for limits and harms can be helpful, but there is no way of keeping young people completely away from drugs without leaving the grounds of a liberal and democratic society. (4) The dominating consumption of alcohol and cannabis in peer-groups should be regarded as a symptom of a self-confidence still in growth, of juvenile curiosity and experimental group enjoyment within the youth culture, now and then of difficult social circumstances â&#x20AC;&#x201C; rather than being the cause of problems for and/or with these young clients. The discussion should focus on a social understanding of the meaning of drug consumption for juvenile finding and construction of identity in the development of maturity.

5.2 Support System Level: Self-Help, Counseling and Treatment in Institutions (1) The support system needs a broad variety of measures and offers in both in-patient and out-patient settings. Support has to be individualized and depends on specific circumstances. In general the juvenile has to feel accepted; perspectives and prospects should be presented. Widespread efforts in ambulatory and pedagogical means are needed, care for the clients and the problems they have and cause instead of creating new deviant problem groups, who need to be controlled, prosecuted and punished with special means and efforts (and costs).

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- 134 (2) There is a need for flexibility, innovation (e.g. by means of e-health strategies), enduring training and quality management within the institutions. Principles of continuity and permeability in care and support shall be observed, also in terms of responsibilities and costs. A further sectoral differentiation might be just as counterproductive as ceasing support relations because of changing competences or responsibilities. A networking cooperation should be standard. The understanding of drug use and the prevention of harmful effects for the users â&#x20AC;&#x201C; as a normal comprehensive approach â&#x20AC;&#x201C; should be made a cross cutting issue and not only be shifted to drug counseling institutions. (3) The support system needs lower threshold access with more juvenile-targeted offers. They shall gain more self-esteem in being helped to help themselves and to develop their personal skills in preventing unintended side effects and managing adverse effects for their health and social environment. Peer driven interventions are the most promising strategies in making use of juvenile drug using expertise and competence. Of great significance are structures in daily routines, support for qualifications in education and training, if necessary integration resp. reintegration into work and into society. (4) Strict abstinence is not a useful and realistic orientation in this field, rather suspected of turning out counterproductive for the very reason that especially young people will not be reached by the ideology of abstinence, even more so if proposed by grown-ups. Abstinence is mostly the result of a longstanding learning process in tackling drug use and avoiding adverse effects. This learning process needs to be supported with reliable

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- 135 strategies rather than being disturbed campaigns and penal interventions.

by

moral

5.3 Judicial System Level: Normative Strategies and Criminal Justice Procedures (1) The selective illegalization of certain drugs aggravates the general problem of prohibition: Criminalization tends to cause more problems rather than contributing to their solution. Although the effects of selective drug prohibition have not been studied adequately yet, it seems that this policy is lacking of reliability and credibility especially for juveniles. (2) A responsible and liberal drug and crime policy must carefully and with restraint define the acts and liabilities that shall be regarded as criminal. The self responsible consumption of drugs does not violate the rights of other persons and should therefore not be criminalized, not even indirectly â&#x20AC;&#x201C; procedural opportunity will not do, however: only substantial decriminalization will open opportunities to develop an individually and socially responsible use of drugs. Moreover there should be greater margins for flexible reactions in criminal prosecution law, including non-reaction, to forward appropriate solutions. (3) Concerning criminalization and sentencing the principle of subsidiarity has to be observed esp. when dealing with juveniles and adolescents: Measures of diversion shall be applied in taking seriously the principle â&#x20AC;&#x17E;support & treatment instead of intervention & punishmentâ&#x20AC;&#x153;. In view of the fact that imprisonment goes along with high rates of recidivism as well in terms of crime as of drug consumption and addiction the

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- 136 renunciation of the prison in dealing with DREJC is striking. (4) Between the general criminal and the special drug enforcement law the youth welfare and support law leads the way to handle the problems juveniles have with drug related criminalization. Required are more – more specific and better matching – offers of assistance; educational measures, chances for school-reintegration, but even more important chances on the labor market, have to be enforced and matched to the special needs of the clients. This is because they need employment prospects and social perspectives to enable them to ‚mature out‘ of unstructured daily routines, problematic drug-abuse und deviance.

5.4 Political System Level: Political Needs for Action

Legislative

and

(1) Resources and programs in the field of drug counseling and addiction support are worthwhile – and very likely more efficient than the maintenance or even extension of the criminal justice system. The support system seems to be in need of more specific measures and offers. More important than the development and promotion of (often temporary) projects and programs is their financial protection in long term realization, including evaluation, and the establishment of the necessary infrastructure. (2) In the scope of German welfare law, esp. the juvenile support law, and of criminal law, esp. the juvenile court law, there is no obvious need for legislative action. Some of the recommended standards (see above) may find a legislative anchor in terms of confirmation and reliability – the lack of legal rules is not the prior DREJC- project Final report 2010


- 137 problem, however, rather the deficits in law enforcement. There is no need for a specialized DREJC-law. (3) Drug- and addiction-problems accompanied by deviance and delinquency will not be solved by penal law and criminal justice – counterproductive effects of criminalizing interventions will cause more and lasting problems: for the clients, for the justice system and for society.

Acquired by Referent Partner: University of Bremen, BRIK Prof. Dr. Lorenz Böllinger Dr. habil. Helmut Pollähne Dr. Andrea Kliemann Dr. Jochen Goerdeler DREJC- project Final report 2010


- 138 DRUG RELATED AND JUVENILE CRIME RECOMMENDATIONS Introduction This set of recommendations was prepared by the project partnership “Drug related and juvenile Crime – DREJC” on This initiative means to face the thematic of correlation between using of psychotropic substances and doing crimes, in the framework of the juvenile contest. The partnership, coordinated by Italy Centro Studi – Opera don Calabria organized and managed a series of activities for mainstreaming of innovative practices: to analyse the phenomenon, individualise and systematize the principles/norms and regulations, share the different methodologies of intervention and treatments realised, analyse the various models of prevention and, at the end, individualise significant variables in the programmes of prevention with the intention of setting up an European Network about this specific thematic The development of these recommendations was based on three actions: 1. A thematic analysis of courses of action and recovery of young people involved in the criminal circuit and who use and / or substance abuse 2. analysis of the intervention procedures in respect of these young people through the administration and following analysis of questionnaires to operators in the juvenile criminal justice 3. Study visits to Spain in order to better understand their practice; DREJC- project Final report 2010


- 139 The analysis then allowed to formulate directions for work for the introduction of new intervention measures and new approaches based on these practices. The Steering Group believes that the process of mainstreaming approaches tested and validated in this project could be significantly improved through the development of Recommendations, European level, for response activities with youth involved in juvenile justice and who use or abuse of substances. The partnership is aware of the recommendations of the Council of Europe on the European rules in the penal system, the group considers it necessary to put more emphasis on the improvement of operations through the provision of professional training within the institutions of Justice and consolidation of an effective inter-institutional cooperation and between departments. The Steering Group considers that the development and implementation of these recommendations should be hinged in a process of continuous and constant dialogue at European level through the monitoring and validation of new transnational practices. These recommendations are based on indications of activation of new intervention strategies, because the partnership believed that the use of substances can lead to different paths of crime from which can find different means of prevention and recovery.

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- 140 THE RECOMMENDATION 1. Area Social System 1. Overseeing the phenomenon through the use of tools, standardized national level, to monitor the phenomenon in a uniform manner. It stresses the importance of distinguishing between three different types of children who use substances: a. Minor drug addicts, who have entered a bond of addiction with one or more substances, and because of the heavy conditions are entered in a circuit of lawlessness that has led them to steal or pass off. For these subjects the real problem is not the crime they committed, but the state of dependence. To them is therefore necessary to establish a real therapeutic, in agreement with specific Services, which may include the administration of medication, clinical treatment and inclusion in the therapeutic community. b. Minor affiliated with organized crime or otherwise identified with a delinquent culture, which includes the use of drugs (mainly cocaine) and alcohol as a functional support to their businesses. In these cases, the link with drugs is not the main problem. It 's more urgent a journey of recovery that helps the child to question his identification with a certain world and a culture of lawlessness. Within this complex 'life review' space will also rework their relationship with cocaine and alcohol.

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- 141 c. Minors who commit crimes of various kinds, and occasionally using substances (cannabis, ecstasy ...) for recreational reasons, to try to tax evasion and the buzz, so many of their peers, without there being a causal -effect relationship between drug use and delinquent behavior. The situations are 'lighter', which can be addressed through interventions aimed at promoting workers in lesser awareness of the harm done by its own conduct, to urge the adoption of more positive conduct, and to prevent the intensification and stabilization of consumption substances. 2. Considering individual and social problems with DREJC it has to be differentiated in terms of substances, age groups, consumption patterns and situations and social circumstances. Juveniles, especially males, have higher risks regarding misuse and addiction, especially when they live in lower income families and experience less social support â&#x20AC;&#x201C; the accumulation with social problems may also lead, however, to a more alarmed perception of their drugproblems (e.g. binge drinking). Campaigns that raise the awareness for limits and harms can be helpful, but there is no way of keeping young people completely away from drugs without leaving the grounds of a liberal and democratic society. 3. The dominating consumption of alcohol and cannabis in peer-groups should be regarded as a symptom of a self-confidence still in growth, of juvenile curiosity and experimental group enjoyment within the youth culture, now and then of difficult social circumstances â&#x20AC;&#x201C; rather than being the cause of problems for and/or with these young clients. The discussion should focus DREJC- project Final report 2010


- 142 on a social understanding of the meaning of drug consumption for juvenile finding and construction of identity in the development of maturity. 4. The support system needs lower threshold access with more juvenile-targeted offers. They shall gain more self-esteem in being helped to help themselves and to develop their personal skills in preventing unintended side effects and managing adverse effects for their health and social environment. Peer driven interventions are the most promising strategies in making use of juvenile drug using expertise and competence. Of great significance are structures in daily routines, support for qualifications in education and training, if necessary integration resp. reintegration into work and into society.

2. Area Intervention system 1. The methods of intervention must be pathways structured individual and consistent national level. 2. Presence of adequate facilities in the juvenile justice system for the care of young people who use and / or substance abuse Overall, we have to say that the emphasis, as a result of the research, the need to "network", bringing together expertise, resources, professional services and other family resources, if one part is quite acceptable, the other seems to sometimes foreshadow a loss, a pervasive sense of inadequacy compared to a disturbing problem, before whom you feel unprepared. Some say, frankly almost "brutal", the problem of the use of drugs by young people, while engaging the justice sector in various ways "is not a primary

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- 143 objective to be pursued, since the majority of ensure the implementation and enforcement of judgments." 3. The support system needs a broad variety of measures and offers in both in-patient and out-patient settings. Support has to be individualized and depends on specific circumstances. In general the juvenile has to feel accepted; perspectives and prospects should be presented. Widespread efforts in ambulatory and pedagogical means are needed, care for the clients and the problems they have and cause instead of creating new deviant problem groups, who need to be controlled, prosecuted and punished with special means and efforts (and costs). 4. There is a need for flexibility, innovation (e.g. by means of e-health strategies), enduring training and quality management within the institutions. Principles of continuity and permeability in care and support shall be observed, also in terms of responsibilities and costs. A further sectoral differentiation might be just as counterproductive as ceasing support relations because of changing competences or responsibilities. A networking cooperation should be standard. The understanding of drug use and the prevention of harmful effects for the users â&#x20AC;&#x201C; as a normal comprehensive approach â&#x20AC;&#x201C; should be made a cross cutting issue and not only be shifted to drug counseling institutions. 5. Any new solution must enter the current practice and not simply be regarded as a product more, so that the cost-benefit analysis to guide the search for solutions that ensure the best results at a price equal or lower.

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- 144 6. need for ongoing training for operators in relation to: a. change the social context of young b. evolution of the substances and consequent changes in the way of taking the same To promote joint training, which encourages the exchange and comparison of practitioners, teachers, health personnel and social workers, lawyers, executives of the media, in order to develop a shared understanding of problems and the development of comprehensive strategies.

3. Area Legislative System 1. facilitate/promote connected to inter-institutional and inter-ministerial 2. by regulations encourage the legislature in promulgating specific rules for the treatment and recovery of young people. The consumption of substances interferes always, more or less heavy, with the rehabilitation of the young, and may represent a serious obstacle to the establishment of a positive relationship with the operators of reference. It is not a variable to be neglected, nor can it be a personality trait to "unbundle", and has entrusted entirely to the specialist. Need to deepen the problem, which now weighs so important about youth behavior, and develop hypotheses to read and more targeted intervention strategies. The main difficulty relates to the integration of health and social intervention with the criminal context, and procedures that require different times. Some criminal measures would require placement in the community to assess and contain the behavior of use / abuse contributory cause of crime, but communities are not always willing to welcome young people who present DREJC- project Final report 2010


- 145 themselves as more "tossicofili" that as drug users. Hence the need to think about taking charge "flexible", capable of respecting the skills of individual services, but also to produce a plan of integration. 3. Resources and programs in the field of drug counseling and addiction support are worthwhile – and very likely more efficient than the maintenance or even extension of the criminal justice system. The support system seems to be in need of more specific measures and offers. More important than the development and promotion of (often temporary) projects and programs is their financial protection in long term realization, including evaluation, and the establishment of the necessary infrastructure. 4. Drug

and addiction-problems accompanied by deviance and delinquency will not be solved by penal law and criminal justice – counterproductive effects of criminalizing interventions will cause more and lasting problems: for the clients, for the justice system and for society.

Acquired by:

Germany: Dr. habil. Helmut Pollähne Italy: Dr.ssa Isabella Mastropasqua Dr. Luigi Regoliosi Dr. Silvio Masin Spain: Mr. Ignacio Valentín Mayoral Narros

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- 146 CONCLUDING REMARKS In the Report one of the concluding remarks on problems related to control of substance abuse focus ultimately on sweeping a pure prohibition model, and stressing the need of determining whether, within an overall framework of legal prohibition, further policy reforms could be undertaken. We proceed from several evidence-based premises: • Substance abuse treatment diminishes drug use and is a cost-effective method of reducing criminal recidivism. • The costs of failure to intervene with addicted or substance-abusing offenders are substantial. • Persons at risk of jail or prison due to substance abuse problems are typically indigent, frequently arrested or detained, and hampered by issues of housing, employment, mental health, and wavering attachment to mainstream values and social support networks. According to this the European Commission published the evaluation of the Drugs Action Plan28 in 2008 which examines the implementation of actions and concludes that progress in the field in drug control policy by: •

The participation of the member States and institutions in the EU

towards achieving common objectives,

The establishment of a framework for cooperation and development in a coherent approach to drugs, DREJC- project Final report 2010


- 147 â&#x20AC;˘

Providing a political model at an international level.

Another key issue of a consistent drug policy over the last several years, recommended sufficient funding of treatment programs to make treatment available both to patients and criminal justice inmates with drug related problems. All of these things are supposed to reduce jail crowding and break recidivism cycles. Further steps in the direction of an efficient drug control policy should involve court or correctionsâ&#x20AC;&#x201D;that supervises an offender in need of chemical dependency treatment. Involvement of courts and corrections also means that decisions about program eligibility, treatment delivery, and program completion are governed not only by clinical considerations but by factors such as public safety, risk management, and legal accountability. Then from a pure prevention perspective it should be stressed the role of early intervention programs just like as programs aimed to monitor the phenomenon of assumption and abuse in targeted and at risk juvenile populations in order to reduce the negative consequences of harmful substance use. The Report stress the need for a Support System for young offender in general and especially for youngsters involved in drugs. The support system needs a broad variety of measures and offers in both in-patient and out-patient settings. Support has to be individualized and depends on specific circumstances. From a general point of view there is a need for flexibility, innovation (e.g. by means of e-health strategies), enduring training and quality management within the institutions. DREJC- project Final report 2010


- 148 Furthermore there is a need for a Creation of a comprehensive drug policy at the EU level, including coordination of all drug-related funding (prevention, treatment, law enforcement, courts, and corrections), allowing more effective planning and prioritizing and full implementation of performance-based budgeting for drug policies. The implementation of effective prevention and drug education programs is the first step in reducing the harms caused by drug, alcohol, and tobacco abuse and drug prohibition. From a criminal justice point of view the Report stresses the fact of taking advantage of existing judicial discretion to use home and community based programs for low-level arrestees, and to convert short-term sentences of low-level offenders to community supervision, as a means of engaging offenders in treatment and other social services in lieu of detention or jail sentences.

Acquired by:

Italy: Dr. Silvio Ciappi

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- 149 -

Edited by: Silvio Masin, pedagogist, researcher Association Center Studies - don Calabria Institute – Verona – Italy Alessandra Minesso, pedagogist, researcher Association Center Studies - don Calabria Institute – Verona – Italy

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Final Report. DREJC Project: 'Drug Related and Juvenile Crime'