Ordinance on the exclusion of inmates from the community, including the placing of observation cell, etc., in prisons and arrest houses (notice of exclusion from the community)
Under section 63, paragraph 8, article 64, paragraph 2, article 105, paragraph 2, and section 111, paragraph 4, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1337 by 3. December 2007 and section 776, 1. paragraph, of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1261 by 23. October 2007, fixed:
§ 1. Inmates may be excluded from the community after the punishment Enforcement Act §§ 63-64. Punishment Enforcement Act §§ 63-64 and this Ordinance shall apply mutatis mutandis for pre-trial custody.
(2). The provisions of section 63 of the law enforcement and punishment sections 3-5 and § § 9-12 in this order shall apply to any form of exclusion from the communion with other inmates without prejudice. However, the sentence enforcement Act, section 64.
§ 2. Under the exclusion from the community, including the placing of observation cell, etc, see. Punishment Enforcement Act §§ 63-64, the inmates may exercise its customary rights in so far as it is compatible with your stay. The institution must provide the inmates with the necessary assistance in this regard.
(2). There cannot be restrictions in the prisoner's right to uncontrolled exchange of letters referred to in criminal enforcement section 56 (1).
Exclusion from community
§ 3. When an inmate will be excluded from the community after the punishment Enforcement Act section 63 (1) (8). 2, 1. led, in order that the inmates give off urine sample, the exclusion from the community is brought to an end when the inmates have given urine sample, and no later than 3 hours after the exclusion is launched.
§ 4. By temporary exclusion from the community, see. Punishment Enforcement Act section 63, paragraph 2, should the inserted as soon as possible are informed about what the rule of law, the decision has been taken after, and have the opportunity to comment on the matter.
(2). Temporary exclusion from the Community shall not be extended for longer than is necessary for the treatment of the issue of exclusion from community or transfer. Temporary exclusion may not exceed in 5 days, unless exceptional circumstances prevail.
§ 5. Before making a decision on the exclusion from the community, see. Punishment Enforcement Act section 63, the inmates must be made aware of the right to be assisted and given the opportunity to express their views.
(2). The decision shall be taken on the basis of the information available. The institution's head or the entitled thereto, shall decide whether it is in the interests of clarification of the circumstances of the case are required to obtain further information or carry out the interrogation of staff or inmates. Be carried out interrogations, it must be questioned given the opportunity to approve the minutes of its explanation, and it must be recorded in the minutes of interrogation, whether approval has been made.
(3). Interrogations must be witnessed by one of the institution's staff.
(4). To be done note on the decision. The note must contain
1) a version of what is reported,
2) indication of the provisions are violated,
3) information on the decision,
4) an indication of the date and time when the decision is notified to the inmates,
5) a statement that the inmates are informed of the possibility of complaint to the Minister of Justice,
6) information about when the deadline for filing complaints expires, without prejudice. Punishment Enforcement Act § 111, paragraph 2, and
7) a statement that the inmates are informed of what the rule of law, the decision has been taken in accordance with the basic regulation. the management section 24, paragraph 3, 1. paragraphs, see. Article 24, paragraph 1 1. PT.
(5). The note must in addition contain a reproduction of the explanations, which must protokolleres votes, while the giving explanation, are present. The note should also contain detailed information about the basis on which, the decision has been taken. Further note must contain information on any restrictions on the right to at any time to be assisted by others. The note must contain a justification for the decision. The explanatory statement must contain a reference to the rule of law, the decision has been taken after, and specify what are the main considerations that have been decisive for the estimate, like the facts, which is attributed substantial importance for the decision, must be explained.
§ 6. Inmates who have been excluded from the community for more than 14 days, coached extensively about the rights and special deals afforded them under this provision and section 7. In order to reduce the particular strain and risk of disturbance of mental health, which is associated with exclusion from the community, shall be the responsibility of the staff on an ongoing basis to pay particular attention to whether the inmates, who are excluded from the community for more than 14 days, have a need for increased staff contact, supervision of the doctor, including a psychiatrist, etc., it is the responsibility of the staff to be aware of that this needs to be increased in line with the duration of the exclusion.
(2). In relation to inmates who have been excluded from the community for more than 14 days, the staff pay particular attention to whether, having regard to the prisoner's conditions in conjunction with the consideration of order and security in the institution may be easing URf.eks. in the form of
1) jointly with one or more other inmates in the cell or under gårdtur,
2) opportunity to work in the community,
3) activities in their spare time with one or more other inmates or with the staff.
(3). Inmates who have been excluded from the community for more than 14 days, must also
1) offers regular and prolonged conversations with URf.eks. priest, doctor or psychologist,
2) have tv made available free of charge, and
3) have special access to one-to-one tuition and work, including other approved activity, which may help to reduce the specific load and risk of disturbance of mental health, which is associated with exclusion from the community.
§ 7. An inmate who has been excluded from the community for more than 3 months, in addition to the offers referred to in section 6, as far as possible and after a concrete assessment of the person's needs in conjunction with the forces and safety conditions offered
1) particularly well-equipped cell and
2) option for extended visits.
§ 8. Inmates under the age of 18, who have been excluded from the community in a continuous period of more than 4 weeks duration, and inmates at 18 years of age or more, who have been excluded from the community in a continuous period of more than 6 months ' duration, in addition to the activities resulting from § § 6-7, offered at least a further 3 hour daily activation with personal contact.
(2). The institution's head or the entitled thereto, shall be 1 time a week in cooperation with the inmates draw up a plan for their activation by virtue of paragraph 1.
§ 9. When exclusion from community is brought to an end, see. Punishment Enforcement Act section 63 (7) 1. paragraph, it should be note on date and time of the termination.
(2). There should also be consideration of the institution after penalty enforcement memo section 63 (7) 2. paragraph whether in whole or in part to bring an end to exclusion, including the date and time for reflection.
§ 10. When an inmate has been excluded from community in 4 weeks, it should be reported to the Ministry of Justice, Directorate-General for prison and probation service. Similarly, at the end of each subsequent 4 week period. Notification must be submitted together with the copy of it in section 5, paragraphs 4 and 5, and a copy of the memo referred to in section 9, paragraph 2, referred to notes.
§ 11. Inmates, who are excluded from the community, have the right and the duty to be engaged according to the rules of the penalty enforcement law §§ 38-42 and the Employment Ordinance unless the exclusion has taken place against the background of the person concerned for a long time refused to take up employment in the institution, without prejudice. employment notice § 20 (1).
(2). The inmates have also access to spend time in the open air in accordance with the rules of the penalty enforcement section 43, paragraph 3.
(3). The inmates can only participate in a religious service to be held in the institution when it is deemed that there is no code of conduct and safety problems associated with it.
§ 12. The institution's leader can lay down rules relating to restrictions in access to include own objects in cases where an inmate who is excluded from the community, isolated in the rest room at the Special Department or in a courthouse. As far as the exclusion from the community for more than 7 days, however, can only be fixed limits specifically justified in space conditions in the institution or special security considerations.
Implementation of isolation in specially secured section and accommodation in closed prisons and arrest houses
§ 13. Decision on placing after the punishment Enforcement Act section 63, paragraph 4, and on termination of placement is taken by the Ministry of Justice, Directorate of Probation, after discussion with representatives of the involved closed institutions.
(2). The Ministry of Justice, Directorate of Probation, at least once a week to consider the issue of fully or partially to bring an end to the placement. The Directorate must in this connection from the institutions involved receive the pursuant to § 9 (2) drafted the memos.
§ 14. The fitting must as far as possible take place in cells are larger than normal, and furnished with a better equipment standard.
(2). During the placement to be the institution's staff conduct a thorough supervision of the inmates. Anyone who oversees the person concerned must make note of this fact in a special diary. The diary must contain information about the time of supervision and information on the person's condition and any comments about the need to maintain apposition.
Placing in observation cell
§ 15. Placing in observation cell after penalty enforcement section 64 (1) (8). 1, can only take place if
1) it is necessary to prevent vandalism,
2) final terms of order and security in the institution requires it, or
3) there is a need for particular observation.
(2). Placing in observation cell must not be allowed to happen, if it has been affixed in accordance with the purpose and the violation and the discomfort that is likely to cause interference, would be a disproportionate intervention.
§ 16. Apposition can only happen in a cell that is approved as an observation cell by the Ministry of Justice, Directorate-General for prison and probation service.
(2). A cell that is approved as an observation cell, can not be used for any other purpose without the Directorate's general authorisation.
§ 17. Placing in observation cell must be carried out as gently as circumstances permit.
(2). The placement must be immediately brought to an end when conditions are no longer fulfilled.
§ 18. Decision on placing in the observation cell and about termination of placement shall be taken by the institution's head or the one who is empowered to do so.
(2). The institution shall immediately draw up a report on it passed. The report shall include note about the decision and the reasons, information on the date and time when the decision is notified to the inmates as well as information about the institution's consideration under section 19. When the inmates are informed of the possibility of complaint to the Minister of Justice and whether, when the deadline for filing complaints expires, without prejudice. Punishment Enforcement Act § 111, paragraph 2, it shall be applied to the report.
§ 19. To be on call doctor if
1) there is a suspicion of disease, including, if bodily injury, with the detainees in connection with the placement, or
2) the inserted himself asking for medical help.
(2). In connection with the placement carried out study of the prisoner's person, see. Punishment Enforcement Act § 60, unless the institution considers that it is unnecessary. If it is necessary in individual cases, there may also be made dressing of the inmates. The inmates shall, where appropriate, are requested to make themselves omklædningen.
§ 20. During placement, the inmates are regularly inspected by the institution's staff. Anyone who oversees the person concerned must make note to that effect on an observation form, regardless of whether there has been a change in the prisoner's conditions. The note shall indicate the date and time for the oversight and disclosure of his or her State, and any comments about the need to maintain apposition.
(2). If you decide to maintain apposition during the observation cell for more than three days, the institution must immediately report it to the Ministry of Justice, Directorate-General for prison and probation service. The alert must contain a detailed justification for the conditions for continued placement in observation cell shall be deemed to be fulfilled, and must be attached to the copy of the under section 18, paragraph 2, as well as the report prepared pursuant to paragraph 1 produced the observation form.
Stay in your own living room or at another designated place of residence
§ 21. A ruling that an inmate temporarily (in a few hours) must reside in their own living room, or to an inmate who refuses to be employed with one of the institution approved activity, must live in their own living rooms or at another designated place of residence, may be taken by the staff present in the institution, without prejudice. criminal enforcement section 64 (1).
(2). The provision for stay pursuant to paragraph 1 shall be lifted when the conditions are no longer met, inter alia by the ordinary working hours.
Date of entry into force of
§ 22. The notice shall enter into force on the 1. July 2008.
(2). Executive Order No. 673 of 9. July 2003 on the exclusion of inmates from the community, including the placing of observation cell, etc., in prisons and arrest houses (notice of exclusion from the community) is repealed.
The Ministry of Justice, the 30. May 2008 Lene Espersen/William Rentzmann