Proposal of local authorities for action plan in crime prevention

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Conference of the Regional and Autonomous Provinces’ Presidents.
National Association of Italian Communes (ANCI)
Union of Italian Provinces (UPI)

PROPOSAL FOR A NATIONAL LAW

“Provisions for the coordination of public security and local police forces, and for integrated security polices”

Proposal approved by the:
·        Conference of the Regional and Autonomous Provinces’ Presidents l8th May 2003
·        Union of Italian Provinces on l8th May 2003
·        National Association of Italian Communes on 29th May 2003

The Italian Forum for Urban Safety has given its formal consensus for the proposal
 
ANCI – UPI
Conference of the Regional and Autonomous Provinces’ Presidents 

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The law’s TITLE:

“Provisions for the coordination of public security and local police forces relative to integrated security policies “[1]

Heading I
GENERAL PRINCIPLES

Art. 1
Objective

1.     The current law states the need for, under Article 118 Paragraph 3 of the Constitution, coordination between the State, the regions and local groups relative to Article 117 Paragraph 2, part h) of the same Constitution.

2.     Provisions must be provided for the regional and city police forces, under Article. 117, Paragraph 2, part p), of the Constitution.

3.     Coordination activities between the State, the regions and local bodies, in the field of their respective abilities and based on the agreements in Art 4, compete to achieve integrated security policies for people and the communities.

4.     The provisions of the current law, which do not apply a special status to the regions and to the autonomous regions of Trento and Bolzano, are incompatible with the expected attribution of the statuses and the relative laws.

Art. 2
Locally integrated security policies

1.     According to the current law, it is intended:
a)     that the actions of local security policies will allow, in an orderly and civil way, for people to be able to live together in cities and in their neighbourhoods, with each commune, province and region having its own unique jurisdiction[2]
b)     that integrated security policies’ actions integrate local security policies into crime and public order policies.

Heading II FUNCTIONS OF LOCAL REGIONAL ADMINISTRATIONS

Art. 3
Promoting integrated security policies.[3]

1.     The Mayor and the President of the Province, in each respective field must:
a)     promote, in order to achieve integrated security policies, the agreements outlined in Art. 4, paragraphs 1 and 2
b)      organise, in order to respond to the Provincial Authorities’ demand for public security, collaboration between the local and national police forces for specific operations or following the agreement of Art. 4, paragraph 3.

2.     Each region must, depending on whether integrated security policies have been achieved, promote the agreements of Art. 4, paragraph 3, and its coordination throughout the whole of the region.

Art. 4
Local and regional agreements relating to the coordination of integrated security policies

1.     The communes as well as associations draw up local public security agreements with the provincial authorities in the following fields:
a)     exchanges of information and creating an integrated information system
b)      connections, at the local level, between local police operations rooms and the National Police Force’s operations rooms
c)      collaboration between the State police, the armed police and the city police in order to improve control, as well as through integrating the emergency responses
d)     coordination through local police and crime prevention activities, as well as through specific intervention plans
e)     professional training incorporated into every local police and national police operation, and other public operations involved in developing security policies.

2.     The agreements set out in Paragraph 1 moreover can concern the following areas of intervention:
a)     cooperation regarding participating in initiatives and projects promoted by the  European Union
b)      coordination over programming policies, managing the region and crime prevention policies
c)      public communication
d)     every other activity seen as useful to achieve integrated security policies.

3.     The regions, regarding their own responsibilities in the field and in respect of the principles of subsidisation and suitability, draw up regional agreements with the State in the field of intervention as outlined in Paragraphs 1 and 2.

4.     The provinces can draw up, in agreement with the involved communes, agreements as outlined in Paragraphs 1 and 2.

5.     Agreements have been made between the Provincial Public Security authorities, the communes and the provinces which are able to ensure that the Local Police continue to maintain public security.

Art. 5
Provincial and Regional conferences to achieve integrated security policies [4]

1.     Regional Law [5] states ways in which to achieve integrated security policies, as outlined in Art. 1:
a)     Provincial Security Conferences taking place in the Provinces’ capital Commune
b)      Regional Security Conferences taking place.

2.     The provincial conference is composed of the Mayor of the capital commune, the President of the Province, and the other Mayors involved in specific security issues.  The Provincial Public Security Authority, the Provincial Carabinieri commander (armed police), the regional Head of the Guardia di Finanza (Revenue Guards), the heads of local and provincial police and local groups involved all participate in the conference.  The Mayor of the capital commune calls for the Conference to take place, in agreement with the President of the province and with the Regional Prefect, how ever often he likes, but at least twice a year.  The Conference tackles defining and verifying the local agreements outlined in Art. 4.

3.     The regional conference is composed of the Regional President, who chairs the conference, the Mayors of the capital communes in the Province and the President of the Province, assisted where necessary by the respectful Heads of Local Police, Provincial Public Security Authorities, the Regional and Provincial commanders of the Carabinieri (armed police), and by the Regional and Local commanders of the Guardia di Finanza (Revenue Guards).  A full assembly of the conference is called at least twice a year, and may be called by a sub-regional district or a Regional President with the agreement of the Prefect of the regional capital.  The conference tackles defining and verifying the local agreements outlined in Art. 4.

4.     The conferences outlined in this articles can bring together in session representatives of the legal system in order to examine, relative to security problems, problems with the workings of  the court system and problems with the prison structure in the regions.

5.     Other public issues or associations may be included in the Conference as long as they are interested in the sole aim of the Conference, which is discussion.

Art. 6
Information activities at the local level

1.     As outlined in Art. 1, the State, the Regions and local groups, as well as those not involved in the agreements (as outlined in Art. 4), are obliged to exchange information on the major aspects of the activities under their control.  Similarly, the Mayors and the Presidents of the Provinces can meet up with police leaders from the relevant forces to achieve the same aim.

2.     For this purpose:

a)     The President of the Regional Committee, the President of the province and the Mayor can request the public security authorities and the different police forces operating in the area for information on crime trends, as well as on the police’s organisation, resources and programme of activities.
b)      Public Security Authorities can ask the concerned regions, provinces and communes for local information on the characteristics of illegal activities which cause insecurity, as well as on the local police’s organisation, resources and programme of activities.

Art. 7
A local role for the National Police Force [6]

1.     At the end of the Conference’s activities as outlined in Art. 5 and after the success of the agreements outlined in Art. 4, the Interior Ministry – the Department for public security, will supply and identify, with the help of the State Police and the Carabibieri, the human resources which are normally devoted to security in each province or region as a whole, excluding those devoted to national security, and those who are reserve or specialist staff.

2.     The results from Paragraph 1 will be sent each year to the Mayors of the capital communes, the Provincial Presidents and the Regional Presidents.
   
HEADING III
INSTITUTE FOR THE DEVELOPMENT OF COORDINATED SECURITY POLICIES

Art. 8
Constitution and the Institution’s aim [7]

1.     With the act of the Council of Ministers, prior to the agreement in the joint Conference under Article. 9, Paragraph 2, Part c) of the law of 28th August 1997, n. 281, the National Institute for the Development of Coordinated Security Policies has been established from the current law.

2.     The institute is independent from the local and regional authorities and from the Interior Ministry, and is in charge of its own programme of activities, following the priorities set by the joint Conference.

3.     The Institutes develops research in the fields of socio-criminology and statistics, it monitors and evaluates experiences, offers advice, documents case histories and provides training.

4.     Whilst controlling their own areas, the autonomous provinces of Trento and Bolzano can make use of the Institute as outlined in this article on the basis of specific agreements stipulated in the article.

HEADING  IV
LAWS FOR THE COORDINATION OF LOCAL AND NATIONAL POLICE

Art 9
The role of Local Police [8]

1.      Public order and security firmly remains under the responsibility of the State, as Art. 159, Paragraph 2, from the legislation of 31st March 1998, n. 112 defines it, in order to protect the ordered and civil state of different people living together, as well as local people’s quality of life.  The role of local police includes all of prevention activities as well as dealing with situations and behaviour which violate state or regional laws, or rather local regulations, as the current article specifies.

2.      Control over the local police lies with the Commune and the Province, firstly regarding their role, and secondly regarding forming regional laws, as part of Art. 118, Paragraph 1 of the Constitution [9].  The Communes and Provinces, however, are not responsible for the diversity of the provisions of the law in force relative to the special role of local police [10].

3.      The role of the local police consists in checking upon illegal activities and imposing punishments in the Communes and the Provinces, unless the Mayor or the President of the Province request the intervention of the national police force in order to fulfil a general role. [11]

4.      The local police staff, despite the limitation of their own role, also exercise control over:
a)      The role of the judicial police, including the role of its agents, was transferred to the local police forces under Article. 57 Paragraph 2 Part. b) of the Penal Code, or from judiciary police officers to local police officers under Article.  57, Paragraphs 1 and 2 of this code
b)     The role of police on the streets under Article. 12, Paragraph 1, Part e), from the legislation from 30th April 1992 n. 285
c)      The auxiliary role of public security including the roles of public security agents
d)     The role of secondary police forces, which is limited to surveillance activities for the main police forces

2007-07-18

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