The government proposes a law introducing a special facility for high-risk offenders after they have served their sentences. Public consultation runs until September 1.
Individuals who have fully served a prison sentence of at least ten years for serious crimes against life, bodily integrity, personal freedoms, or sexual integrity, and who are assessed as posing a high risk of reoffending, could be placed in a special facility after their release from prison. This previously non-existent legal mechanism is provided for in the proposal for the Law on the Treatment and Accommodation of Persons After Full Execution of a Prison Sentence, which the Government of the Republic of Croatia has submitted for public consultation.
The public consultation opened on August 3 and will run until September 1 this year, and according to the plan, the law should take effect on January 1, 2027. The proposal's explanatory memorandum notes that there is currently no legal basis for further detention of such individuals after their sentence expires, so they are released. The new measure, as stated, is not punitive in nature; its purpose is to eliminate future danger to society.
The assessment process would begin while the sentence is still being served. No later than six months before the end of the sentence, the prison or penitentiary would be required to submit a report to a special Commission assessing the likelihood of reoffending. After that, the commission would gather data from the probation office and social services and commission two independent expert opinions in the fields of psychiatry and psychology.
Based on the collected documentation, the Commission could propose to the court that treatment and accommodation be ordered. The final decision would be made by a panel of three judges from the county court, after hearing the individual in question. The proceedings would be held outside the courtroom, without the presence of the public, and the court would have to act promptly. The individual would have the right to counsel, and if they did not retain one themselves, the court would appoint one ex officio.
An appeal against the accommodation order could be filed with the Supreme Court within eight days, and a panel of five judges would decide on it. Filing an appeal would not stay the execution of the decision. Treatment and accommodation would last as long as the reasons for them exist, without a predetermined duration, and the court would have to review the need for the continued measure every 18 months.
To implement the law, the state would establish a special facility. The founding rights would be exercised by the Ministry of Health, and the facility would be established by a government decree. Accommodation conditions would be significantly different from prison conditions, focusing on rehabilitation, gradual risk reduction, and preparation for reintegration into the community. A professional team would develop an individual treatment plan for each resident within 30 days, which would be revised every six months.
Treatment would include individual psychological, psychiatric, psychosocial, and social-educational work, occupational therapy, educational and vocational programs, and anger management programs. At the same time, the facility would have a security regime tailored to risk, with controlled entry and exit, video surveillance of common areas, and special protocols for crisis situations such as escape attempts or violence.
According to estimates in the proposal, the facility would initially house five residents. To begin operations, at least 14 staff members would need to be hired: a director, a legal expert, an economist, a forensic psychiatrist, a psychologist, a social educator, a social worker, an occupational therapist, and five guards.
For employment in 2027, €300,000 is planned, assuming that ten staff members would start working on July 1, 2027. From the beginning of 2028, €720,000 per year would be needed for the salaries of all 14 employees. Material and operational costs, i.e., "cold operation," are estimated at €200,000 for 2027, and from 2028, €480,000 annually.
The exact date when the facility will become operational has not been determined. The draft law stipulates that the government must issue the decree establishing the facility within six months of the law's entry into force. Within the same timeframe, the Croatian Parliament must appoint the commission, and the Minister of Health must prescribe standards for premises, equipment, and staff.
