The Legal Affairs Committee approved the Draft law on the Rehabilitation and Support of Juveniles in Conflict with the Law.

The draft law concerns minors for whom there is a substantiated presumption that they have committed an act prohibited under the Criminal Code, and who had not reached the age of 14 at the time of the alleged act.

According to the reporter, Chair of the Human Rights Protection and Civil Integration Committee, Rati Ionatamishvili, a new legal entity of public law will be established within the system of the Justice Ministry — the Rehabilitation and Support Center for Juveniles in Conflict with the Law. This center will be staffed by a multidisciplinary team composed of professionals from various fields.

According to the draft, the first stage of the rehabilitation and support process for minors in conflict with the law is their referral to the Center, carried out by the prosecutor. The prosecutor makes this decision after an adopted conclusive decision confirms that the minor committed an act prohibited under the Criminal Code.

After a minor is referred to the Rehabilitation and Support Center for Minors in Conflict with the Law, the Center begins collecting information about the minor and subsequently prepares an individual assessment report. This report determines the minor’s individual characteristics and needs.

The individual assessment report is submitted to the Center’s multidisciplinary team, which, based on the report and in consideration of the best interests of the minor, determines the services/programs tailored to the minor’s needs, outlines an individualized implementation plan, and makes a decision regarding the minor’s enrollment in the relevant service/program. The multidisciplinary team’s decision on the minor’s enrollment in a service/program is mandatory. Under the draft law, the total duration of the minor’s participation in the services/programs determined by the team must not be less than one month and not exceed twelve months.

This period may be extended, when necessary, by a decision of the multidisciplinary team, each time for no more than 12 months.

In cases where it is determined that participation in a service/program would not yield positive results and more invasive methods are needed, the minor will be referred to a Juvenile Rehabilitation and Support House. There, the minor will undergo resocialization, rehabilitation and receive support; this will not constitute a punitive measure.

Under the draft, placement in a Juvenile Rehabilitation and Support Home is permitted for minors aged 10 to 18 who committed an act prohibited under the Criminal Code between the ages of 10 and 14.

Referral of a minor in conflict with the law to a Juvenile Rehabilitation and Support House shall occur only upon the existence of grounds explicitly defined by law. Such a referral is carried out by court decision. Placement of a minor in the Juvenile Rehabilitation and Support House is permissible for a period of up to 6 months.

This period may be extended, when necessary, by court decision, based on a request from the multidisciplinary team, each time for up to 6 months.

According to Rati Ionatamishvili, the Juvenile Rehabilitation and Support House will be a small, family-type facility in which beneficiaries will be oriented toward accessing education, adopting a healthy lifestyle, etc.: “The state has a positive obligation to strengthen support and care components, especially when dealing with minors in conflict with the law - children under 14. We must acknowledge that we face significant challenges in this regard. Responding to this challenge is both the responsibility and obligation of the state. Therefore, the key point is that the state must not view children under 14 as offenders. On the contrary, we must clearly understand that a child under 14 who may engage in unlawful acts needs care and support, not punishment”.