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Poland goes North? Insights from Norwegian Experiences and Polish Practice of Electronic Monitoring on the Brink of Reform.

Thu, September 4, 4:00 to 5:15pm, Deree | Classrooms, DC 503

Abstract

Poland and Norway have different approaches to crime and punishment. This is reflected in the size of prison populations: in Poland, over 72,000, whereas in Norway, the number is just under 3,500 (Prison Service Statistical Report 2023; Statistisk sentralbyrå - Fengslinger 2023).The imprisonment rate also differs significantly standing at 199 in Poland and 56 in Norway (World Prison Population List 2024). Despite these differences, both countries introduced electronic monitoring (EM) around the same time in front- and back-door options. However, in Poland, the maximum sentence eligible for EM in the front-door option is several times longer than in Norway. Even so, the use of EM remains below its potential, despite the fact that nearly one-third of inmates formally qualify for this system. Additionally, less than one-third of all applications for EM are approved in Poland (Statistical Report of the Electronic Monitoring Bureau 2024). So what needs to change? And to what extent could these changes align with the Norwegian model, open to a specific group of offenders, with restrictions not only based on formal criteria such as the sentence length—but also on the nature of the crime, excluding offenders convicted of serious violent and sexual crimes (Øster, Rokkan 2018). Additionally, Norway enforces a strict zero-tolerance policy for alcohol and drug consumption (Øster, Rokkan 2012) and requires employment or educational engagement during the monitoring period (Straffegjennomføringsloven LOV-2001-05-18-21). To what extent could EM in Poland be structured similarly targeting a highly motivated group, as in Norway (Øster, Rokkan 2018), and serving primarily as a front-door option to prevent imprisonment, rather than a mechanism to reduce overcrowding? These questions are also particularly relevant in the context of Poland’s proposed legal reform introducing electronic detention, aimed at reducing the practice of excessive pretrial detention, which also contributes to growing prison population.

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