The public expects the security authorities to minimize the risk of new sexual offences by known sex offenders. In order to meet this need for protection, the Ministry of Justice, with the involvement of the Ministry of the Interior and the Ministry of Health, developed the concept for dealing with sex offenders at risk of reoffending (KURS) in NRW. This concept agrees on the cooperation between the authorities involved, supplements the measures of the supervision of conduct and regulates the exchange of information as early as possible between the correctional facility or the institution for the supervision of conduct, the supervision of conduct office, the probation service, the public prosecutor's office and the police. In addition to the judicial activities of the supervision of conduct, which are aimed at resocialization, social integration, therapeutic aftercare and control, the police provide support through their own measures to avert danger and, if necessary, initiate criminal investigations.
Close cooperation between police and justice
The exchange of information and close cooperation between the NRW State Office of Criminal Investigation (LKA NRW), district police authorities, institutions for the detention of mentally ill offenders and the judiciary ensures that sex offenders at risk of reoffending who are released from prison do not disappear into anonymity. They are embedded in a judicial and police action plan that enables critical lifestyle changes or changes in behavior to be identified at an early stage and the necessary measures to be initiated. This reduces the risk of reoffending, but does not prevent reoffending altogether.
After sex offenders have completed their prison sentence or placement in a psychiatric hospital, they are released into freedom. This means they have served their sentence and are free citizens who should be reintegrated into society. On the other hand, they may pose an increased risk of committing new sexual offenses. Prior to the release of the person concerned, the responsible penal enforcement chamber issues a supervision order containing special instructions for the future KURS probationer in accordance with Section 68 b of the German Criminal Code. These instructions are intended to dissuade the released person from certain types of behavior that increase the risk of recidivism. Supervisors and the police monitor compliance with these instructions. Violations can constitute a criminal offense under Section 145 a of the Criminal Code and lead to new investigation proceedings.
Central office KURS in the LKA NRW
The KURS central office at the LKA NRW collates the information on the convicted person held by the public prosecutor's office, the prison or the institution for the detention of offenders. The information about the previous sexual offense, behavior during imprisonment/accommodation and expert reports are summarized there to form a prognosis. From this, an individual assessment of the person to be released is drawn up and provided to the district police authority where the future KURS probationer will live. The responsible probation officer from the judicial authority and the KURS contact person from the responsible district police authority make regular contact with each KURS probationer and make it clear that they will continue to "keep an eye" on them after their release.
The KURS central office of the LKA NRW advises and supports the KURS contact persons in the district police authorities on legal and tactical aspects. In case-related case conferences, both members of the central office and representatives of all participating institutions discuss the current developments of KURS subjects and possible responses.
Successful concept
On average, around 1,000 KURS probationers in NRW are supervised at the same time for the duration of their supervision. This usually lasts five years. Scientific studies on the recidivism rates of sex offenders assume that around 20 percent of those released commit a sexual offense again. As the recidivism rate of those affected by the KURS concept in NRW has been proven to be around three percent, this concept can be described as successful.