Ordinance For Enforcement Of The Penalty At The Place Of Residence Under Intensive Monitoring And Control (Notice Of Penalty Application On The Place Of Residence)

Original Language Title: Bekendtgørelse om fuldbyrdelse af straf på bopælen under intensiv overvågning og kontrol (bekendtgørelse om strafudståelse på bopælen)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120521

Overview (table of contents) Chapter 1 Definitions

Chapter 2 the proceedings start, etc.

Chapter 3 suspensive effect of application

Chapter 4 Suitability study and setting

Chapter 5 DG's decision

Chapter 6 Summons and implementation

Chapter 7 Supervision and control

Chapter 8-Reporting, temporary transfer to the County gaol or prison and revocation of permission for penalty application on the place of residence

Chapter 9 entry into force The full text of the Ordinance for enforcement of penalty at the place of residence under intensive monitoring and control (notice of penalty application on the place of residence)

Under section 78 (a), paragraph 3, § 78 d, paragraph 3 and paragraph 78 (f), paragraph 3, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1337 by 3. December 2007, as amended by Act No. 496 of 17. June 2008 and Act No. 500 by 17. June 2008, fixed:

Chapter 1

Definitions

§ 1. By "penalty application on the place of residence" for the purposes of this Ordinance application of penalty at the place of residence under intensive surveillance and control after penalty enforcement law chapter 13 (a).

§ 2. "Supervisory authority" for the purposes of this Ordinance the Department of probation, which at penalty application on the place of residence shall exercise supervision and control over the offender.

§ 3. By "aptitude assessment" for the purposes of this Ordinance the investigation concerning the offender's personal circumstances, including his or her housing conditions, employment conditions, as well as physical and mental condition as probation after penalty enforcement § 78 b, paragraph 3, of the basic regulation. paragraph 1, for use in the assessment of whether the sentenced person complies with the conditions laid down in criminal enforcement section 78 (b) (1). 1-4, as well as the assessment of whether the penalty application on the place of residence as a result of the offender's relationship not found appropriate.

Chapter 2

Proceedings start, etc.

Orientation of the condemned

§ 4. When the Directorate after implementation notice § 2, paragraph 3, has received notification that a person must serve a prison sentence, the Directorate sends a letter to the person concerned, if this satisfies the conditions laid down in the criminal enforcement section 78 (a), paragraph 1 or 2. In the letter, the person concerned shall be informed about the





1) the ability to apply for permission to serve the penalty on the place of residence,

2) conditions for granting permission to serve the penalty on the place of residence, in accordance with article 3. Punishment Enforcement Act § 78 (b), paragraphs 1 and 2,

3) conditions for permission to serve the penalty on the place of residence, in accordance with article 3. Punishment Enforcement Act § 78 c,

4) that an application for permission to serve the penalty on the place of residence shall be submitted to the Directorate, and

5) the conditions under which an application for authorisation to serve the penalty on the place of residence conferred on suspensive effect. § 7.





(2). Orientation will be sent in accordance with paragraph 1 shall not apply where the Directorate on the present basis may note that the sentenced person does not fulfil the conditions of sentence enforcement § 78 (b) (1). 3, or the offender does not have a registered address.

(3). Orientation in accordance with paragraph 1 is transmitted in addition not, if the offender is under 18 years of age. Instead, the person concerned shall be convened as soon as possible for an interview with Probation in Freedom.

Jurisdiction to give judgment in accordance with the provisions of this Ordinance

§ 5. The Ministry of Justice, Directorate-General for prison and probation service, shall decide on the





1) permission to serve the penalty on the place of residence,

2) suspensive effect of an application for penalty application on the place of residence, in accordance with article 3. § 7 (3),

3) permission for in special cases to reside outside the place of residence, in accordance with article 3. section 28, paragraph 3, and

4) revocation of permission to serve the penalty on the place of residence.





(2). The decisions referred to in paragraph 1 shall be taken on the recommendation of the supervisory authority.

§ 6 . The supervisory authority shall decide on the





1) summons and the launching of the application at the place of residence, within the meaning of sentence. Punishment Enforcement Act § 8, paragraph 4, and Chapter 6 of this Ordinance,

2) permission for in special cases to reside outside the place of residence, in accordance with article 3. section 28 (1) and (2), and

3) temporary transfer to jail or courthouse, see. Punishment Enforcement Act § 78 f, paragraph 2, and this order section 31.





Chapter 3

Suspensive effect of application

§ 7. If the Directorate within 14 days from the date of this in section 4, paragraph 1, the said letter has received an application for the application at the place of residence from a convicted criminal, who is at large, face punishment execution, pending a decision on whether this application can be met.

(2). For persons who are convicted after Penal Code § 119, § 123 or § § § 216, 244-246, it is referred to in paragraph 1, the period of 7 days.

(3). If special reasons for doing so, can the Directorate provide that punishment, in other cases, the execution is postponed, pending a decision on whether or not the application for penalty application on the place of residence can be accommodated.

Chapter 4

Aptitude testing and setting

Generally about aptitude survey

§ 8. When a convicted have filed an application for permission to serve the penalty on the place of residence, the Directorate sends the application enclosed judgment transcript and any other straffesags documents to the supervisory authority in order that the supervisory authority shall carry out a review of the offender's suitability to serve the penalty on the place of residence. If probation is already aware of the offender's personal circumstances, and it is quite obvious that the sentenced person does not fulfil the conditions for application of the place of residence, within the meaning of sentence. Punishment Enforcement Act § 78 (b), paragraph 1 or 2 may launch a more in-depth aptitude examination of the convicted may be omitted.

(2). Before the investigation commences, aptitude, the supervisory authority shall ensure that the sentenced person has given written consent to,





1) to who for use in these proceedings obtained information about the person from the central criminal register,

2) to the supervisory authority, to the extent necessary for the organisation and implementation of criminal udståelsen of the place of residence, address and in doing so conveys information about the offender's crime, etc., to persons who have the same domicile as the condemned man, and who is over 18 years of age,

3) to the supervisory authority, to the extent necessary for the organisation and implementation of criminal udståelsen of the place of residence, address and in doing so conveys information about the offender's crime, etc. to the offender's place of work, education or similar, including with a view to the appointment of a contact person who can inform the supervisory authority, if the sentenced person fails in whole or in part from his work, education or similar , and

4) to the supervisory authority, to the extent necessary for the organisation and implementation of criminal udståelsen of the place of residence, obtains information from other departments of probation in Freedom.





§ 9. In connection with the aptitude examination must obtain written consent from the supervisory authority to people who have the same domicile as the convicted and are over the age of 18, to udstås at the place of residence, within the meaning of the sentence. Punishment Enforcement Act § 78 (b) (1). 4.

Particularly on the development of the activity schedule, etc.

§ 10. Before the penalty udståelsen on the place of residence shall be undertaken, shall draw up, in cooperation with the supervisory authority condemned a suggestion for content of an activity schedule. Of the proposal to the activity form must indicate, inter alia, within which period of time the offender must





1) reside at the place of residence,

2) find themselves at work or school or similar,

3) participate in programme activities,

4) participate in any treatment,

5) meeting to control visits to the supervisory authority, etc.





(2). Activity schema must also indicate, within which period of time the convicted can leave his place of residence in order to make personal purchases, laundry, etc., these hours must be determined in such a way that they constitute up to 4 hours weekly.

(3). In the activity form determined also that the condemned man on days when the person, after activity schema not incidentally have activities outside his residence, can live 2 hours daily outside the place of residence in the first 2 months of penalty udståelsen on the place of residence and then 3 hours daily.

Especially on the determination of program activities

§ 11. The definition of the programme activities that the sentenced person must participate in, see. Punishment Enforcement Act § 78 c, paragraph 1, no. 6, is done on the basis of the offender's need for assistance, support and guidance and the temporal extent of penalty udståelsen.

Special on the making of urine and breath tests

§ 12. There must be no other persons present in the room where the sentenced person shall deliver an urine sample after penalty enforcement § 78 b, paragraph 3, last paragraph of the basic regulation. However, paragraph 2.

(2). The supervisory authority may, if it is of exceptional reasons are necessary, determine that the urinprøve shall supplement the presence of prison staff.

(3). Emission of urine sample in accordance with paragraph 2 may only be witnessed by persons of the same gender as the convicted.

(4). To be done note on release and the result of the urine sample.


§ 13. Emission of breath test after penalty enforcement § 78 b, paragraph 3, last paragraph, the presence of staff from the supervisory authority.

(2). To be done note on release and the result of the breath test.

Setting

§ 14. The supervisory authority's attitude to the Directorate that the application should be accepted, must contain:





1) Aptitude examination

2) proposal for any additional terms referred to in article 6. Punishment Enforcement Act § 78 c, paragraph 2.

3) consent form from





a) cohabiting persons aged over 18 years, see. § 9,

(b)) the convicted of obtaining information from the central criminal register, see. § 8, paragraph 2, no. 1,

(c)) the sentenced person on contact cohabiting without prejudice. § 8, paragraph 2, no. 2,

(d)) the sentenced person on application to the workplace, school or similar, see. § 8, paragraph 2, no. 3,

(e)) the convicted of obtaining information from other departments of probation in Freedom, without prejudice. § 8, paragraph 2, no. 4.









(2). A setting for Directorate that the application should be refused, should contain the aptitude examination of the supervisory authority as well as information about the offender's comments on the supervisory authority's option.

Chapter 5

DG's decision

§ 15. The Directorate will send a decision authorizing the application of penalty at the place of residence of the convicted and the supervisor. At the same time, the supervisory authority shall be authorised to fix the sentenced and initiate criminal udståelsen of the basic regulation. Chapter 6.

(2). Copy of the permit is sent also to the Police Director in the police district in which the offender resides or stays.

§ 16. The Directorate will send a decision refusing the application for authorization to the application of the penalty at the place of residence of the sentenced person and to the supervisory authority, if this has been involved in these proceedings.

Chapter 6

Summons and implementation

§ 17. When the supervisory authority from Directorate-General have received information on that a convicted must serve the penalty at the place of residence, so requires the supervisory authority the sentenced to penalty application.

§ 18. The sentenced person shall be a summons is issued with a period of at least 4 weeks before the date of implementation. However, this does not apply to persons convicted after Penal Code § 119, § 123 or § § § 216, 244-246, for whom the deadline for the summons is in 10 days. If the offender agrees, can take place with shorter notice than the summons mentioned in 1. and 2. PT.

(2). Implementation must take place no later than 6 weeks after the date of the Directorate's decision in the case. For persons who are convicted after Penal Code § 119, § 216 or sections 244-246, implementation, however, take place no later than 30 days after the date of the Directorate's decision.

(3). If the practical organisation of the criminal udståelsen in exceptional circumstances make it necessary, may 6-week period referred to in paragraph 2, 1. paragraph, be waived. If the supervisory authority considers that there is a need for similar reasons to waive the 30-days in paragraph 2 2. paragraph shall be submitted to the issue by telephone for the Directorate-General for a decision.

§ 19. Penalty udståelsen shall be implemented when the supervisory authority gives the condemned message on this, see. Punishment Enforcement Act § 8, paragraph 4.

Chapter 7

Supervision and control

§ 20. In the implementation of the supervision of the offender, without prejudice. Punishment Enforcement Act § 78 d, paragraph 1, shall be the responsibility of the supervisory authority, to support and advise the offender in order to improve the offender's opportunities to live a crime-free life and to exercise control over that the sentenced person complies with the conditions which apply to the penalty enforcement.

§ 21. In order to improve the offender's opportunities to live a crime-free life is the responsibility of the Supervisory Board, as appropriate, under penalty udståelsen to





1) advise and assist the offender with regard to the person's employment, educational, social and personal relationships, and

2) convey contact to persons, institutions and authorities in accordance with other legislation may grant the convicted aid.





§ 22. The supervisory authority shall lay down the provisions necessary for the implementation, supervision and conditions of the permission.

(2). Conditions of treatment, participation in program activities, etc., to be taken by the supervisory authority immediately after the initiation of criminal udståelsen. It is the responsibility of the supervisory authority to ensure that such conditions are observed.

§ 23. The extent of contacts between the supervisory authority and the condemned during the execution shall be determined on the basis of an overall assessment of the need for support and control as well as taking into account the rules in § § 25-26.

§ 24. Verifying that the sentenced person complies with the conditions laid down for the authorization is done among other things, that the convicted in the enforcement period 24 monitored by an electronic transmitter, as the supervisory authority in the implementation of punishment udståelsen mounts on the offender's personality.

§ 25. Control and supervision is done also by the fact that





1) supervisory authority carries out inspection visits to and control calls to the place of residence, workplace, education institution or similar, and

2) that the offender be required to meet with the supervisory authority.





section 26. The number of unannounced inspections and control calls shall be determined on the basis of an assessment of the need for control and supervision in each case, the supervisory authority shall as a minimum 1-3 unannounced inspections at the place of residence a week and, at a minimum, make 1 phone call to control workplace, school or similar per week.

(2). The determination of the extent to which the convicted to be meeting up with the supervisory authority, in accordance with article 3. Punishment Enforcement Act § 78 c, paragraph 1, no. 8, takes place on the basis of an assessment of the need for supervision and control in each individual case.

§ 27. Breath and urine tests can, among other things, taken during control visits to the place of residence, or when the offender meets with the supervisory authority.

(2). sections 12 and 13 shall apply mutatis mutandis at the emission of breath and urine tests according to paragraph 1.

section 28. The supervisory authority may permit the sentenced person, in addition to the schema defined in the activity period, staying outside of the place of residence for the purpose of





1) to visit a related person who is seriously ill,

2) to be present at an approaching person's funeral,

3) to appear in court or other public authority in cases where the person concerned public authority is required, or

4) medical examination or treatment, or any other similar treatment, which is not appropriate may take place at the place of residence.





(2). The supervisory authority may also authorise that the condemned man, who udstår punishment at home for 30 days or more, can get output in order to visit Allied individuals for important family events.

(3). If the supervisory authority finds that the convicted of other similar serious reasons than those listed in paragraph 1 and paragraph 2, should be given permission to reside outside the place of residence in addition to the schema defined in the activity period, the matter shall, on behalf of the Directorate-General for a decision.

Chapter 8

Reporting, temporary transfer to the County gaol or prison and revocation of permission for penalty application on the place of residence

section 29. In addition to the sentence enforcement Act § 78 d, paragraph 2, referred to situations shall deliver the supervisory authority reporting to the Directorate-General, if





1) the sentenced person requests that the authorization be revoked,

2) the condemned before the execution implementation has committed the offence,

3) the offender at the time of implementation or execution under this detained for any other reason than for the execution of the prison sentence, the authorization relates, or

4) the offender at the time of the execution implementation no longer meet the requirements of section 78 (b) (1). 1, 2 and 4 mentioned conditions.





section 30. Reporting to the Directorate must contain information about





1) the offender's comments to the alert, and

2) whether supervisory authority finds that the authorisation of the penalty application on the place of residence shall be revoked.





(2). If the supervisory authority has taken a decision on temporary transfer to jail or courthouse, see. Punishment Enforcement Act § 78 f, paragraph 2, should also contain information about this alert.

section 31. Temporary transfer to jail or lockup after penalty enforcement § 78 f, paragraph 2, is done after a concrete assessment. Temporary transfer shall, as a general rule be overriding, if the supervisory authority immediately find it clear that the authorisation of the penalty application on the place of residence must be withdrawn, including, among other things, if the condemned





1) is found under the influence of alcohol, drugs or similar,

2) refuses to submit a urine sample, or expiratory

3) no longer have a fixed place of residence,

4) after participation in activity outside the residence without reasonable justification returns to the place of residence long after the time period that is specified in the activity form, or

5) has left the place of residence outside the period laid down in the activity schedule.






(2). Temporary transfer to jail or lockup must happen in close connection to the supervisory authority's decision and by the supervisory authority's measure, if necessary with the assistance of the police.

(3). At the temporary transfer shall be transferred in accordance with paragraph 2 sentenced to the local courthouse. Arrest the House can subsequently due to space or for other practical reasons, decide that the sentenced person is to be transferred to another lockup or a prison.

section 32. A decision on whether an authorisation for application of penalty at the place of residence should be revoked, shall be taken as soon as possible after the Directorate has received the recommendation of the supervisory authority thereof.

section 33. If the condemned is not temporarily transferred to jail or courthouse, the Directorate decision will be sent by telefax or similar to the supervisory authority. If the Directorate has decided that authorisation is to be withdrawn, the Directorate's decision appear, in which institution the convicted must be placed. The supervisory authority as soon as possible the decision to proclaim the condemned.

(2). If there is a decision about withdrawal, should the condemned immediately in connection with the service by the supervisory authority's measure and, if necessary, with the assistance of the police be transferred to the local courthouse. Arrest the House can subsequently due to space or for other practical reasons, decide that the sentenced person be transferred temporarily to another lockup or a prison.

(3). Placing in a courthouse or prison under paragraph 2 is done for the purpose of placing in the institution to which the Directorate has appointed.

§ 34. If the sentenced person is temporarily transferred to jail or courthouse, the Directorate decision will be sent by telefax or similar to the institution where the offender is inserted. If the Directorate has decided that authorisation is to be withdrawn, the Directorate's decision appear, in which institution the convicted must be placed. The institution where the offender is inserted, proclaiming the decision for the condemned.

section 35. Transfer to the institution to which the Directorate has appointed, is done by agreement of the institution to which the sentenced person is transferred, and the institution with which the Directorate has appointed.

Chapter 9

Date of entry into force of

§ 36. The notice shall enter into force on the 1. July 2008.

(2). Executive Order No. 322 of 19. April 2006 on enforcement of punishment on the place of residence under intensive monitoring and control (notice of penalty application on the place of residence) are repealed.
The Ministry of Justice, the 27. June 2008 Lene Espersen/William Rentzmann