The Luxembourgish government is making strides to reform juvenile protection and criminal punishment laws. In our final installment of the series, RTL investigates how these changes will impact young offenders.

At present, a single law - the 'Protection de la Jeunesse' - exists for the protection of minors. The text of the law covers a number of problems which could impact a child's domestic situation, such as neglect, violence or abuse.

However, this very same law also presides over the punishment of minors who have committed criminal offences. This frequently leads to problems in correctly administering the right procedure for further action. The law has been singled out for reform following calls for the two areas to exist under separate jurisdictions.

One law becomes three

Work on the reforms has now produced separate bills for youth protection, juvenile criminal law, and minors who are witnesses to or victims of violent crime. "This means there will be two different procedures with two courts, and separate administrations who will bear responsibility [for juvenile protection and juvenile criminal law]," explains Minister of Justice Sam Tanson.

Naturally, some overlap is to be expected, as some young people who fall into the youth protection camp have also been, necessarily, penalised under the juvenile criminal law. International experts will contribute to the ongoing debate to help ensure minors will always be advised of their exact situation according to the law. "Other procedures will be applied depending on whether the minor requires protection, or punishment, with other responsible authorities," Tanson says.

Clearly defined sanctions; more guarantees

As it stands, minors have fewer guarantees than adult offenders; for example, adults are clearly informed of the duration of their sentence at the point of sentencing. However, minors are generally placed in a facility without being informed of their release date. Their placement can be extended countless times, dependent on the young offender's development and cooperation at the Unisec institution.

The new bill will ensure that young offenders are clearly advised, at their sentencing, of the duration of their confinement.

"We've looked at the list of sanctions for adult offenders, and halved the prescribed sentences for minors. They will now be clearly defined, and the text also establishes the circumstances in which a young offender can receive a prison sentence," clarifies the justice minister.

Furthermore, under the new law, all minors must have a lawyer, or be able to hire legal representation, when they appear before a judge. Parents and guardians should also be regularly informed about decisions and the young offender's condition.

Adjustments to legal age limits

As it stands, Luxembourg law does not account for a set age from which to apply legal consequences - although young people aged 16 and over can be sentenced in accordance with adult procedures, depending on their criminal record and the severity of the crime.

The new juvenile protection and juvenile punishment laws will apply to children aged 13-18. In exceptional cases, if an expert has determined an "intellectual immaturity" in offenders aged 18-21, the bill may also apply to young people up to the age of 21. "These conditions are used abroad, and we were advised to include them in the new bill," Tanson says.

Underage offenders will be placed in secure units for up to six months, following conviction. The minister explains that shorter sentences make no sense from a pedagogical perspective, as they need sufficient time to make headway with the young inmates. "It's not about locking them away, but really addressing what is causing the behaviour."

Previously, no clear concept for Unisec

When the CSEE unit was constructed in Dreiborn, it was not immediately clear what the Unisec institution would be used for. This is obvious when considering its design: it is not a real prison and its accommodation was never designed for long-term residents. "There is a lack of possibility for movement, as it is so small. Unisec also doesn't meet security measures required for really serious offenders," Sam Tanson says.

Under the new law, Unisec will be converted into a facility for young offenders convicted under a prison sentence. It will also come under the tutelage and management of the prison administration. However, renovations are necessary for the facility to become a real juvenile detention centre.

Should the centre undergo temporary closures to allow for new works, inmates will be moved to the Uerschterhaff penitentiary centre. "This is not perfect, but it is a temporary solution," admits Tanson.

Gradual changes

While changes to the law have been in progress for some time, the minister says the new texts are unlikely to come into force in the near future. "We are still fine-tuning the bills, there are some changes that must be made. And now the Chamber is on summer break, then there are the elections, and the new government will be formed. I'd be surprised if we see a vote on these bills this year, and of course that will only happen if the new government pushes for it."

However, Tanson thinks it unlikely a new government will abandon the bill - in part because much of the amendments are based on EU directives. The Ministry of Education agrees that these efforts over the last few years will not be for nothing.

A decentralised CSEE?

The CSEE would like to eventually abandon the site in Dreiborn in favour of smaller residential groups. In Bourglinster, a similar centre has been integrated into the village, and it's working better than expected. Four new such projects are in the works, although the Ministry did not elaborate on their locations. "We still need to discuss with village residents, so there is no need for panic."

A residential group would consist of four to six minors, allowing for close supervision. It would also avoid issues stemming from too many young offenders with different issues in the same group, allowing for more specific care per group.

The CSEE recently started looking to incorporate animal-supported pedagogy in future care plans for young offenders. In addition, there are virtually no options available for accommodating young people of legal age. The CSEE hopes to one day offer support for young adults in need of additional care.

Overall, these new bills and proposals for 'separating the law' have been welcomed by the sector as a positive change. The CSEE's Joëlle Ludewig says that, in the future, individual groups would have clearer tasks and allow staff to work from a more purely pedagogical perspective.