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Community service: what is it, (how) does it work and backgrounds

14/12/2023 • comments off

What is community service, (how) does community service work and what are the historical backgrounds of this punishment modality. A community service order can be imposed for any crime or offense that carries a custodial sentence. In terms of severity, community service is somewhere between a fine and a custodial sentence. The first community service order was imposed in 1981; it was still called ‘services’ at the time. Since then, community service has become an independent punishment that has become an indispensable part of our society.

  • Community service: historical background
  • Services
  • ATAN
  • Alternative to a short prison sentence
  • Current situation of community service
  • Independent punishment
  • Consent of the suspect
  • Maximum number of hours of community service
  • Severity of community service
  • Alternative detention
  • The execution of the community service order
  • Probation
  • Community service in practice
  • Types of community service projects
  • Benefits of community service
  • Range of benefits
  • Community service prevents more crime: ‘47% less recidivism after community service’
  • Success and failure factors in community service offenders
  • Extrajudicial settlement
  • What is a transaction?
  • What sanctions are possible for a transaction?
  • What is a criminal order?
  • What sanctions are possible with a criminal order?
  • What is a behavioral cue?
  • Death of the convict
  • Restriction of the options for imposing community service
  • Limits
  • Article 22b

 

Dries van Agt (1971) / Source: Bert Verhoeff Anefo, Wikimedia Commons (CC BY-SA-3.0)

Community service: historical background

Services

In 1974, the Alternative Sanctions Committee was established by the then Minister of Justice, Mr. AAM van Agt. This committee was tasked with investigating whether more diversity could be introduced into the criminal justice system. The intention was to reduce the use of short unconditional prison sentences by introducing alternatives. In 1978, the committee recommended experimenting with the alternative sanction of community service (as community service was then called). The first experiments started in 1981. The implementation of this was the responsibility of the probation service and it is still there today. In 1981, 213 services were provided. A few years later, in 1987, there were already 4,005.

ATAN

In 1989, the Unpaid Labor for Public Benefit Act (ATAN) was established. This made the community service a main punishment. Until then, experiments had been done with community service and this trial period had yielded good results. Until 1989, community service could be imposed as a special condition for the conditional dismissal, the transaction, suspension of pre-trial detention, the postponement of sentencing and the conditional conviction.

Prison in Almere / Source: Aerovista/Shutterstock.com

Alternative to a short prison sentence

The judge could only impose community service or community service if he was considering an unconditional custodial sentence of no more than six months. In practice, 40 hours of community service was equivalent to one month in prison. The service was explicitly an alternative to a short prison sentence. In practice this quickly turned out differently. Research showed that in half of the cases community service was imposed instead of a fine or suspended custodial sentence, which was called the ‘attractive effect’.

Current situation of community service

Independent punishment

In 2001, the link between community service and unconditional custodial sentences was abandoned. The practice as it had grown over time was formalized in the Community Service Punishment Act; Community service includes both community service and educational punishment. This new law replaced the previous law and community service was included in the Criminal Code (WvSr). It therefore became an independent punishment that the judge can impose ,with regard to crimes that are threatened with a custodial sentence or a fine or with regard to violations that are threatened with a custodial sentence, (Article 9(2) of the Penal Code).

Consent of the suspect

Before 2001, the judge could only impose a community service order with the consent of the suspect. This is no longer necessary since the last change in the law. The judge can now also impose community service if the suspect is not present at the hearing: a so-called community service order in absentia. The judge can impose a maximum of 240 hours of unpaid work, to be performed within 1 year. This period can possibly be extended by one year. The judge determines in the judgment that alternative detention will be applied if the community service is not properly performed. For every two hours of community service, no more than one day of alternative detention is imposed. The alternative detention amounts to a maximum of eight months.

Maximum number of hours of community service

The maximum number of hours of community service that a judge can impose is 240 hours. That is equivalent to six months of detention. The Public Prosecution Service imposes a maximum of 120 hours for a transaction and 180 hours for a criminal order. A community service order may be combined by a judge with an unconditional prison sentence of up to 6 months. There are no specific restrictions for a conditionally imposed portion. The combination of community service and a fine is also possible.

Severity of community service

A community service order for adults can be imposed for any crime punishable by a custodial sentence or fine and for any offense punishable by a custodial sentence. In terms of severity, the community service sentence is somewhere between a custodial sentence and a fine.

Alternative detention

If the community service is not properly carried out, the public prosecutor can order alternative detention without the intervention of the judge. The convicted person will be informed of this. He can object to this within 14 days. The objection will be handled by the judge who imposed the sentence.

The execution of the community service order

Probation

The probation service is responsible for the execution of community service sentences. The convicted person is invited for an intake interview at the probation office. In this conversation, the rules of community service are explained (see the bottom of the article) and it is discussed when the convicted person will carry out his community service sentence and at what workplace. There are project sites for the probation service, such as work in the forest or in landscaping, and existing project sites are used. This includes nursing homes, hospitals, community and club houses, sheltered employment, etc. This often concerns physical work such as kitchen work, cleaning work, simple maintenance work and work in the garden.

Amersfoort Recycling Center / Source: Xavier66, Wikimedia Commons (CC BY-SA-3.0)

Community service in practice

After the intake interview, a placement interview will follow at the project site. There are different types of community service projects. Examples of work projects include working in a retirement home, thrift store, sports canteen, football club, and clearing waste. A community service agreement will then be signed. This states on which days and hours the community service worker will perform his hours at the project site. If the prisoner does not comply with the agreements, a warning will be issued by the probation service. In that case, an interview will also follow at the probation office. In the event of a second violation or a very serious violation, the community service will be terminated and it will be returned to the public prosecutor who will order alternative detention, as already explained above. You can submit an objection against the conversion within two weeks.

Types of community service projects

There are different types of community service projects. In a group project by the Dutch Probation Service, you work together with other people who are carrying out community service. A foreman supervises. The work can be outside in nature or inside a workshop. For an external project, the community service employee places you at an organization, association or institution. You then carry out your community service at a different location, such as in hospital kitchens, thrift stores or, for example, at Staatsbosbeheer.

Some examples of external projects:

  • Municipal services: Community service can be carried out in various municipal services, such as landscaping, waste management and the maintenance of public spaces.
  • Healthcare institutions: Some healthcare institutions offer opportunities for community service workers to help with light tasks such as cleaning, tidying up and kitchen duties.
  • Thrift Stores: Community service can be performed in thrift stores where community service workers can help accept and sort donations and maintain the store.
  • Animal Shelters: Animal shelters and shelters may sometimes use community service workers to help with animal care, cleaning and maintenance.
  • Community centers: Community service workers can perform tasks in community centers, such as assisting with activities, cleaning and maintaining facilities.
  • Nature management: Nature organizations can involve community service workers in tasks such as clearing nature reserves, trail maintenance and environmental management.
  • Sports clubs: Local sports clubs can use community service workers for tasks such as field maintenance, cleaning and sometimes also the organization of events.
  • Cultural institutions: Museums, galleries and cultural centers can offer community service work for tasks such as exhibition building, guiding and administrative support.

 

Benefits of community service

Range of benefits

Community service has clear advantages for both society and the prisoner. The benefits
include:

  • through work, the prisoner maintains contact with society and self-discipline is expected of him and he is taught structure and work rhythm;
  • community service orders can be enforced relatively quickly;
  • community service is relatively cheap;
  • the punished person makes himself useful to the society he has harmed by his actions, he can give something back to society;
  • the punished person is slightly less likely to reoffend after a community service order than after a prison sentence (the recidivism rate is lower – see inset below);
  • there is less chance of ‘criminal infection’ than in a prison.[1]

 

Community service prevents more crime: ‘47% less recidivism after community service’

The community service works. That is the most important conclusion of professor of criminology Paul Nieuwbeerta. Together with the Study Center for Crime and Law Enforcement (NSCR), he investigated more than seven thousand perpetrators aged eighteen to fifty who were sentenced to community service in 1997. Over a period of eight years, the group was compared with 3,500 perpetrators who were sentenced by the judge to a prison term of up to six months.

According to Nieuwbeerta, offenders with a community service order reoffend 47% less often than detainees with short sentences. Sjef van Gennip, general director of the Dutch Probation Service: ,This research shows that community service is an effective sanction to reduce crime., Figures from the probation service already showed that the relapse rate for community service offenders is lower than for detainees.[2]

 

Success and failure factors in community service offenders

The percentage of community service orders that are completed is approximately 75%. For the predecessor of community service, the so-called community service, the percentage was approximately 85%. According to a 2005 report, the fact that fewer community service offenders complete their community service is mainly due to the increasing population of community service offenders. In the 1990s, mainly young first-time offenders of minor crimes were selected for community service. Nowadays, community service is also imposed for more serious crimes and for people who have already been convicted several times. This is an obvious increase in the target group, meaning that more community service than before is not fully completed.

Research shows that there are a number of failure factors associated with not completing community service. We mention three:

  1. hard drug addiction;
  2. psychiatric disorder and/or physical complaints; and
  3. judicial antecedents.

It turns out that only half of hard drug addicts successfully complete their community service. Alcohol addiction does not affect success. People with a psychiatric disorder and/or physical complaints are also demonstrably less successful in completing community service. This also applies to people who have previously received a custodial sentence or community service.

An important success factor is rapid execution of the community service order by the community service offender. This is often the case in a ‘Public Prosecution Service Transaction’ (see below), where the community service offender must have completed his community service within six months. Participation in the labor market is the greatest success factor. Community service offenders with a paid job have a significantly greater chance of completing their community service sentence successfully.

Community service offenders who successfully complete their community service are on average older than those who fail. Community service workers born in Turkey, the Netherlands or certain parts of Asia complete community service most often (80-85%), and those born in Morocco the least. And women complete their community service better than men.[3]

Extrajudicial settlement

With an extrajudicial settlement, the Public Prosecution Service resolves a criminal case itself outside the court. This can be done with a dismissal, a conditional dismissal, a transaction or a criminal order. For each criminal case, the Public Prosecution Service must make a decision about the routing. The Public Prosecution Service can settle the case itself with an extrajudicial settlement or take the case to court.

What is a transaction?

A transaction is an agreement between the Public Prosecution Service and the client. The Public Prosecution Service makes a proposal that the client do something: usually a fine or community service. If the client does that, the case will not go to trial.

A transaction is only possible for violations and crimes for which a maximum prison sentence of 6 years can be imposed. This usually concerns ‘common crime’ such as shoplifting, insults, simple assault and vandalism.

For a transaction it is necessary that the client agrees to it. Objections to an agreed transaction are not possible.

What sanctions are possible for a transaction?

The law (Article 74 of the Criminal Code) talks about ‘conditions’. But these are not special conditions as we know them. This means that the client adheres to the ‘condition’ to implement one or more of the following sanctions:

  • Community service of up to 120 hours (legally speaking, there is no community service, but unpaid activities)
  • Payment of an amount of money (as a fine, compensation for damage or ‘deprivation of unlawfully obtained advantage’)
  • Distance from objects

Because no special conditions are possible, probation supervision is also not possible.

What is a criminal order?

In a criminal order, the Public Prosecution Service can impose a penalty, measure or instruction (Article 257a of the Criminal Code).

A criminal order is a form of prosecution. This is different from a transaction or conditional dismissal. A client who receives a punishment order is called a ‘punished person’ by the Public Prosecution Service. Not ‘convicted’, because only the judge can convict someone.

A criminal order is only possible for violations and crimes for which a maximum prison sentence of 6 years can be imposed. That is the same as with a transaction.

For a criminal order, the Public Prosecution Service must determine that the client is guilty.

If the client does not agree with the punishment order, he can object within 14 days. The case will then go to trial, unless the Public Prosecution Service withdraws or changes the criminal order.

What sanctions are possible with a criminal order?

The Public Prosecution Service can impose the following sanctions:

  • Community service of up to 180 hours
  • Payment of an amount of money (as a fine, compensation for damage or ‘deprivation of unlawfully obtained advantage’)
  • Distance from objects
  • Disqualification from driving for a maximum of 6 months
  • Behavioral instruction (‘instruction concerning the suspect’s behavior’) with a probationary period of up to one year.

The Public Prosecution Service cannot impose a prison sentence. Only the judge can do that.

The Public Prosecution Service cannot simply impose a community service order, disqualification from driving or a behavioral instruction. This requires that the public prosecutor has heard the client and that the client has stated that he is willing to cooperate (Article 257c of the Criminal Code). This declaration of willingness does not mean that the client renounces resistance. The Public Prosecution Service must also hear the client for a fine or compensation exceeding 2,000 euros, but this does not require a declaration of willingness from the client.

What is a behavioral cue?

In the case of a criminal order, the Public Prosecution Service can impose a behavioral instruction (Article 257a of the Criminal Code, paragraph 3(e)). You can see such a behavioral indication as a special condition. If the client does not comply, the Public Prosecution Service can take the case to court. The Public Prosecution Service can issue almost all types of special conditions as behavioral instructions:

For example, outpatient treatment, location ban or behavioral intervention. See Advising special conditions.

Admission to a healthcare institution is not possible as a behavioral indication . This condition limits freedom so much that a decision by the judge is required.

The behavioral instruction in a criminal order is sometimes confused with the Behavioral Instruction art. 509hh Sv. This is a measure that the Public Prosecution Service can take to prevent serious nuisance, pending the court hearing. For example, a duty to report to the police or a no-contact order.

Death of the convict

If the person sentenced to community service dies, the right to carry out the sentence expires.

Restriction of the options for imposing community service

Limits

In 2009, the then government submitted an amendment to the law to limit the imposition of community service sentences. It should no longer be possible to impose a basic community service order for repeat offenders, in sexual offenses and in serious violent crimes. In these cases, a community service order could still be combined with a conditional or unconditional prison sentence.

In 2011, the current State Secretary further tightened this proposal. The combination with a suspended sentence should also no longer be allowed. Community service can only be imposed for serious sexual and violent crimes in combination with an unconditional prison sentence or custodial measure. This law came into effect on January 1, 2012.[4]

The Criminal Code art. 22b provides restrictions when advising on community service orders. A community service order may not be imposed for serious crimes and for sexual and violent crimes, see the Criminal Code art. 22b. The possibility of imposing a community service order is also limited in the event of ‘similar recidivism within five years’. This means that a basic community service order may no longer be imposed if the suspect has already been sentenced to community service by the judge for a similar crime (and the judgment is final). What is considered ‘similar offences’ is stated in the Criminal Code art. 43b. It is possible to impose community service if it is combined with an unconditional prison sentence of up to six months.

Article 22b

  1. Community service will not be imposed in the event of conviction for:
    a. a crime for which, according to the legal definition, a prison sentence of six years or more is imposed and which has resulted in a serious violation of the physical integrity of the victim;
    b. one of the crimes described in Articles 181, 240b, 248a, 248b, 248c and 250.2. Furthermore, community service is not imposed in the event of conviction for a crime if:
    1° the convicted person has been sentenced to community service for a similar crime in the five years prior to the offense committed by him, and 2° the convicted person has performed this community service then. the execution of the alternative detention has been ordered
    on the basis of Article 22g. 3. The first and second paragraphs may be deviated from if, in addition to community service, an unconditional custodial sentence or custodial measure is imposed.

    A ‘bare’ community service sentence is therefore excluded in violence and sexual offense cases in which there is a serious violation of the physical integrity of the victim and this also applies to offenses such as the possession of child pornography and youth prostitution. A ‘basic’ community service is also not possible if the suspect has already been sentenced to community service for a similar offense five years prior to the new criminal offense. In these cases, community service may still be imposed in combination with an unconditional prison sentence. In that case, the judge will have to motivate the imposition of that sentence.

SUCCESS AND FAILURE FACTORS IN 18+ COMMUNITY PENALTY
Summary of the research report ‘Community punishment: success assured? Success and failure factors in community service sentences for adults’

In 2005, the research report ‘Community service sentences: success assured? Success and failure factors in community service sentences for adults’ from the WODC / Verwey-Jonker Institute. This report discusses factors that may contribute to the success of a community service order and factors that may influence the unsuccessful completion of a community service order. This was a large-scale investigation into adult community service offenders.

Increasing the population The percentage of community service sentences that are completed is approximately 75%. For the predecessor of community service, the so-called community service, the percentage was approximately 85%. According to the report, the fact that fewer community service offenders are completing their community service is mainly due to the increase in the population of community service offenders. In the 1990s, mainly young first-time offenders of minor crimes were selected for community service. Nowadays, community service is also imposed for more serious crimes and for people who have already been convicted several times. This is an obvious increase in the target group, meaning that more community service than before is not fully completed.

Personal characteristics of the community service offender The following personal characteristics are related to whether or not the community service order is successfully completed:

  • women round 82% of the time compared to 74% of men;
  • people who are a little older (average 34 years) more often complete their community service (average 31 years);
  • people from other Asia [5] are most likely to complete their community service (85%), followed closely by people born in the Netherlands (81%) and Turkey (80%);
  • The least successful are community service offenders born in Morocco (58%), Netherlands Antilles (69%) and Suriname (72%).

Living situation of the community service offender What characteristics in the living situation are associated with the successful completion or failure of the community service order? We name them:

  • community service offenders with a permanent job have a greater chance of completing their community service sentence (87%);
  • students are also doing well (85%), as are people with semi-permanent work (83%);
  • people with partners and (possibly) children successfully complete their community service in 88% of cases;
  • singles, on the other hand, do not score very well (73%);
  • level of education has no influence, having a diploma does (83% have a diploma versus 75% without a diploma).

Addiction and psychological problems Drug use and psychological problems influence the way in which community service is completed:

  • people with demonstrable psychiatric problems are less successful in completing community service (73%) than those who do not (81%);
  • of hard drug addicts, only 52% complete their community service sentence and soft drug addicts score 70%;
  • an alcohol addiction has no influence on the execution of a community service order;
  • people with physical complaints are less successful (67%).

Judicial history and previous community service sentences

  • the more contacts community service offenders have had with the justice system, the greater the chance that they will drop out prematurely.
  • community service offenders who perform community service for the first time also have a greater chance of success.
  • If a person has not completed a community service order successfully before, he or she is more likely to do so again.
  • the type of offense also matters: people convicted of simple theft complete community service less successfully than people who have committed an offense or driven under the influence.
  • People who have served several prison sentences in the past are also less successful.

Judgment or transaction Another important success factor that I would like to mention is rapid execution of the community service order by the community service offender. This is often the case with a ‘Public Prosecution Service Transaction’ (see below), where the community service offender must complete his community service within six months and can start working much more quickly than with a community service order imposed by the judge.

Other determinants The longer a community service sentence, the greater the chance of failure. And community service offenders who work in a group project of the probation service complete their community service slightly less often than those who are placed in an external project, a non-profit institution such as a nursing home.

Motivation The motivation of the prisoner also plays an important role. This motivation may arise from the view that they should rightly serve a community service order, but it may also be external. In that case, they are driven by the desire not to lose their job or other matters important to them.

Conclusion According to the research, no even significant factor is of decisive value. However, there are groups that are less or more likely to complete their community service. People with permanent work or training, no previous contacts with the law and who are offered community service as a transaction by the public prosecutor, have a much better chance (96%) than unemployed people with more than six contacts with the law who are addicted to hard drugs. Of this group, only 41% complete their community service sentence.

THE 15 STANDARD RULES FOR COMMUNITY PENALTY

Beforehand
You have been sentenced to community service. The Netherlands Probation Service supervises the execution of the community service order. During this community service period you must adhere to a number of rules. In addition, you must follow any instructions from the probation service.
Before you start community service, we ask you to sign these rules. This indicates that you have read and understood them. If you do not sign the rules or if you do not comply with the instructions, the Public Prosecution Service can demand a prison sentence. Every two hours you haven’t worked means one day in jail.

What do we expect from you during community service?

  • You always have a valid ID with you during the execution of the community service.
  • If there are problems that prevent you from carrying out the community service, you must immediately report this to the Netherlands Probation Service.
  • If you are ill and therefore cannot work at the agreed time, you must report this to the Dutch Probation Service and to the foreman or the contact person of the community service project before 9 a.m. If you are staying at an address other than your official address during your illness, please provide this nursing address. As soon as you are better again, please report this immediately.
  • During the community service period, you must arrange your own health insurance.
  • You must always make up missed hours later, even if you were unable to work because you were ill.
  • You must immediately report any changes in your living or working situation to the Dutch Probation Service in writing. If you live (temporarily) somewhere other than the address where you are officially registered, please let us know immediately.
  • If you cannot be present on an agreed working day, you must always request permission in advance from the Netherlands Probation Service. This also applies to special situations. The probation service may ask for supporting documents. In addition, you must deregister with the foreman or the contact person for the community service project.
  • If you receive a benefit, you must inform the UWV before it starts that you have a community service order. If you are (partially) disabled, you can request a ‘list of permitted activities’ from the UWV.

What rules apply to the community service project?

  • You may not use mobile phones or other means of communication. The iPod and other sound carriers are also prohibited.
  • You must provide your own work clothing, unless the foreman or contact person at the project site decides otherwise.
  • You adhere to the applicable safety regulations.
  • It is prohibited to be under the influence of drugs and/or alcohol or to have narcotics with you during community service.

What obligations do you have during community service?

  • The Netherlands Probation Service determines where and at what times you must carry out the community service order. This means that the probation service can oblige you to perform community service for a number of consecutive days – including in the evenings, weekends or holiday periods.
  • The Netherlands Probation Service may oblige you to cooperate with a urine test. If this shows that you have used drugs and/or alcohol, you will receive an official warning or your community service will be terminated.
  • If you are ill, the Netherlands Probation Service may ask for proof such as a doctor’s note. The probation service may also require you to visit a medical examiner.

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