What forms of support can be used by people leaving penitentiary units

Under the Polish legal system, people leaving penitentiary units can benefit from support, which is offered from two sources:

  • municipal support, implemented by social welfare centers
  • support from the Crime Victims Assistance and Post-Penitentiary Assistance Fund, part of the Justice Fund. These benefits are provided by designated post-penitentiary assistance centers, probation teams and the Prison Service.

MUNICIPAL SUPPORT SYSTEM

According to the duties imposed on municipalities, one of their tasks is to provide support to people who face difficulties in reintegration after release from prison. Interestingly, the legislator did not specify that this assistance should be provided to persons leaving detention centers, thus narrowing the category of recipients of the activities of Social Assistance Centers.

There are no specific regulations governing how long a person can receive social support after leaving prison. Therefore, the continuation of difficulties in adapting to life outside prison may be the basis for the use of assistance. A key role here is played by social workers, whose job is to support the adaptation process, especially in the vocational and housing aspects.

These people require support in social reintegration and adaptation to new living conditions. Assistance includes material support, counseling, social work and therapy. The main goal of social assistance is to prevent the marginalization of these people, their social isolation and to counteract problems such as alcoholism and drug addiction.
A person serving a sentence of imprisonment in prison is not entitled to social assistance benefits. This right is restored after leaving prison, but requires reapplying for it. The exception is the situation of serving a sentence under the electronic surveillance system, where the sentence is served outside the prison, for example, at home. Temporary detainees have their right to social assistance benefits suspended for the duration of their detention, which is reinstated upon their release.

Catalog of forms of assistance provided by Social Assistance Centers:

Cash benefits:

  • Permanent benefit: this is an income-based benefit for those unable to work due to age or health. This is usually not an option for people leaving prisons.
  • Periodic allowance: granted in situations such as long-term illness, disability or unemployment. It can be paid to single persons or families.
  • Target benefit: offered at when help is needed to cover the cost of food, medicine, heating, clothing, minor repairs in housing or funeral expenses. It can be given in form of a credit ticket.
  • Aid for emancipation and continuing education: is granted in two different forms: financial and in-kind, which are aimed at economic emancipation of beneficiaries. Assistance in financial form can take the form of a one-time targeted benefit or an interest-free loan. The terms and conditions for the granting, repayment and security of the loan are established in an agreement with the municipality. It is possible to cancel all or part of the loan if it will accelerate the process of achieving social welfare goals. On the other hand, in-kind assistance consists of providing machinery and work tools, which enables beneficiaries to create their own workplace, and providing equipment to facilitate the work of people with disabilities."

Non-monetary benefits:

  • Social work: available regardless of income, helps solve social and interpersonal problems.
  • Funeral: organized according to the rules of the municipality, with taking into account the religion of the deceased.
  • Specialized counseling: includes legal, psychological and family support, available regardless of income.
  • Legal counseling: provides information on family and guardianship law, protection of tenants' rights, etc.
  • Psychological counseling: focuses on diagnosis, prevention and therapy.
  • Family counseling: deals with problems of family functioning, including caring for people with disabilities.
  • Crisis intervention: is a complex of activities undertaken to support individuals, families or groups in crisis situation. Its main goal is to restore mental balance and self-management skills to counteract the transformation of the crisis reaction into permanent psychosocial problems. Assistance in crisis intervention is provided regardless of income criterion, is available immediately and can take various forms, such as psychological support, social work, legal counseling or providing shelter for up to 3 months.
  • Shelter: temporary accommodation in night shelters, homeless shelters or shelters with care services.
  • Meal: a daily hot meal for those who cannot provide for themselves.
  • Necessary clothing: ensure appropriate clothing in accordance with season.
  • Care services: are intended for single people who, due to their age, health or other circumstances, need the help of others, and do not have such help from their family, spouse, relatives or a jointly unmarried spouse. This care includes support in daily living needs, hygienic care and care in accordance with medical recommendations. In as much as possible, these services also aim to enable the person to interact with the environment. Care services are provided at the place of residence of the person in need of assistance, at support centers and at family support homes.
  • Sheltered housing: is a benefit addressed to adults who, for various reasons, such as difficult life situation, age, disability or illness, need support in managing daily life. However, they do not require services provided by units that provide 24-hour care, such as people with mental disorders, people leaving foster care, youth or district educational centers, correctional facilities or juvenile shelters. The sheltered housing is aimed at preparing these people for independent living or providing them with support in daily functioning, which may include learning the skills necessary for independent living.

The granting of social assistance benefits follows the following steps:

Submission of an Application for Assistance
The process begins with the submission of an application for aid.
1
Community Conversation and Assistance Plan
Upon receipt of an application, a community interview is conducted to assess the personal, family, income and asset situation of individuals or families in need of assistance. This interview is usually conducted within 14 working days from the date of notification, and in urgent cases that require immediate intervention, immediately (within 2 working days). The interview can take place at the person's or family's place of residence or at their place of stay. Based on the interview, the social worker analyzes and assesses the situation and makes recommendations for assistance. During the interview, the social worker may ask the person or family to provide a statement of income and assets. Refusal to provide this statement may be the basis for a decision to deny assistance.
2
Issuance of Administrative Decision
Assistance is provided in the form of an administrative decision. All decisions must be issued in writing, and any decision issued in any other form is considered valid and legally binding.
3
Implementation of the Decision
Once approved, the aid is implemented. Social assistance cash benefits are usually granted and paid monthly, starting from the month in which the application is submitted with the required documentation. If the benefit entitlement does not cover a full month, the benefit is granted for an incomplete month.
4
Right to Appeal
Individuals have the right to appeal any decision regarding their social assistance. Appeals can be submitted to the appropriate Local Government Appeal Board in each province.
5

FINANCING:

Financed by the Justice Fund, whose Disposer is the Minister of Justice.
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Funding

Funded by the National Liberty Institute – Center for Civil Society Development under the Government Program for the Development of Civic Organizations for 2018-2030.

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