Key Benefits:
Publication of the exclusion of inmates, including placing in observation cell, etc., in prisons and arresthuse (announcement of exclusion from community)
In accordance with section 63 (2), 8, section 64 (4). 2, section 105 (5). 2, and section 111 (1). 4, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 1337 of 3. December 2007 and section 776, 1. pkt;, in the law of the court's care, cf. Law Order no. 1261 of 23. October 2007 :
Common rules
§ 1. Inmates may be excluded from the Community following the section 63-64 of the Enforcement Act. The section 63-64 of the Criminal Enforcement Act, section 63-64 and this notice shall apply mutatis mutinis to the detention of the detention system.
Paragraph 2. The provisions of section 63 and sections 3 to 5 and section 9-12 of this notice shall apply to any form of exclusion from community with other inmates, cf. However, the section 64 of the Enforcement Act.
§ 2. Under exclusion from community, including affixing in observation cell, etc., cf. the section 63-64 of a criminal law may exercise its normal rights to the extent that it is compatible with the recast. The institution shall provide the required assistance in this connection.
Paragraph 2. There can be no restrictions on the right of inaudited exchange of letters as referred to in paragraph 56 (6) of the Enforcement Act. 1.
Exclusion from community
§ 3. When an inmate is excluded from Community after the section 63 (6) of the Enforcement Act. 1, no. TWO, ONE. indent, with a view to the inmate giving a urine sample, the exclusion must be brought to an end once the inmate has given a urine sample and no later than three hours after the exclusion has been initiated.
§ 4. For temporary deferral from community, cf. section 63 (3) of the penalty. 2, as quickly as possible, the inmate shall be informed of the legal rules of the decision and shall be given the opportunity to express their views on the case.
Paragraph 2. Non-persistent deferral from Community must not be extended for longer than it is necessary to deal with the issue of exclusion from Community or transfer. Temporary exclusion may not exceed five days, unless exceptional circumstances apply.
§ 5. Before a decision is taken on the exclusion of Community, cf. Section 63 of the execution of a criminal offence shall be made aware of the availability of assistance and the opportunity to express an opinion.
Paragraph 2. The decision shall be taken on the basis of the information available. The head of the institution or the holder of the institution shall decide whether it is necessary to obtain further information or to carry out examination of personnel or inmates for clarification. In the case of consultations, the interrogations shall be given the opportunity to approve the minutes of its explanation and shall be recorded in the minutes of the hearing whether or not the approval has been made.
Paragraph 3. Interrogations must be overweised by one of the institution's employees.
Paragraph 4. There must be a note on the decision taken. The memo must contain
1) a rendering of what has been reported,
2) information on the provisions which have been infringed ;
3) information on the decision ;
4) information on the date and time of the decision to be notified to the inmate,
5) an indication that the inmate is informed of the possibility of complaint to the attorney general,
6) indication of the date on which the deadline for filing a complaint expires, cf. the section 111 (1) of the sentence. 2, and
7) information that the inmate is informed of the rules of law which the decision has been made in accordance with, cf.. section 24 (4) of the administrative act. THREE, ONE. pkt., cf. section 24 (2). ONE, ONE. Act.
Paragraph 5. The memo must contain a rendition of the explanations given to the minutes, which shall be recorded, while the person giving its explanation shall be present. The memo shall also contain details of the basis of which the decision has been taken. The brief will include information on possible restrictions on the right to be assisted by others at any time. The memo must contain a reason for the decision. The justification must include a reference to the rule of law, the decision has been taken and to indicate the principal concerns which have been determined in accordance with the actual circumstances of the decision, which are essential for the decision, appear.
§ 6. Inmates which have been excluded from Community for more than 14 days shall be weighted in detail on the special rights and offers to them in accordance with this provision and section 7. In order to reduce the particular strain and risk of disturbation of mental health linked to the exclusion of Community staff, the staff shall regularly pay particular attention to the exclusion of inmates excluded from the Community ; Together for more than 14 days, there is a need for increased staff contact, supervision of doctor, including a psychiatrist, and so on to the staff, to pay attention to the fact that this need is increased in line with the duration of exclusion.
Paragraph 2. In relation to inmates which have been excluded from Community for more than 14 days, the staff shall pay particular attention to whether, in reference to the conditions of the work, the institution may be compared with the order and security of the institution to be carried out ; Implements, for example, in the form of :
1) community with one or more other inmates in the cell or in the courtyard,
2) the ability to work jointly,
3) activities in free time with one or more other inmates or with staff.
Paragraph 3. Inmate who has been excluded from Community for more than 14 days shall also :
1) are offered regular and long-term conversations with, for example, priest, doctor or psychologist,
2) have television provided free of charge, and
3) have specific access to private classes and work, including other approved activity, which may contribute to reducing the particular strain and risk of disturbation of mental health linked to the exclusion of Community.
§ 7. An inmate who has been excluded from Community for more than three months shall, in addition to the tender referred to in section 6, as far as possible and by a specific assessment of the needs of the person concerned with its oral and safety conditions, must be offered ;
1) specially equipped cell, and
2) opportunity for extended visits.
§ 8. Inmates under 18, which have been excluded from Community in a continuous period of over 4 weeks, 18-year inmates or more, who have been excluded from Community during a continuous period of more than six months of time ; in addition to the activities resulting from section 6 7, a further minimum of 3 hours of daily daily activation shall be offered with personal contact.
Paragraph 2. The head of the institution or the one authorized by the institution shall, in cooperation with the inmates appointed, make a weekly basis for their activation in accordance with paragraph 1. 1.
§ 9. When exclusion from community is ended, cf. section 63 (3) of the penalty. 7, 1. point, must be made about the date and time of the elimination of the exclusion.
Paragraph 2. It shall also be noted that the institution ' s deliberations shall be taken into account in accordance with paragraph 63 (3) of the penalty. SEVEN, TWO. a point, whether in whole or in part, the elimination of the exclusion, including the date and time of the consideration.
§ 10. Once an inmate has been excluded from Community for four weeks, it must be reported to the Ministry of Justice, the Directorate for the Criminal Investigenation. The same applies at the end of each subsequent 4 weeks period. The report shall, together with the report, submit a copy of the provisions referred to in paragraph 5 (5). 4 and 5, note and copy of the notes referred to in section 9 (5). Two, mentioned notes.
§ 11. Inserted, which are excluded from Community, are right and obligation to be employed in accordance with the rules of section 38 to 42 and to the employment notice, unless the exclusion has taken place on the basis of the fact that the person in question is longer in the process of : refused to take on employment in the institution, cf. section 20 of the employment notice referred to in paragraph 20 of this Article. 1.
Paragraph 2. The inmate also has access to free air in accordance with the rules laid down in Article 43 (3) of the Enforcement Act. 3.
Paragraph 3. The inmates can only participate in the services held in the institution when it is estimated that there are no cores and safety problems associated with it.
§ 12. The head of the institution may lay down rules on the limitation of access to including own objects in cases where an inmate being excluded from community is isolated in the accommogation of a special department or in an arresthus. However, as far as exclusion from Community is concerned for more than seven days, only restrictions can be established in specific terms in the institution or in particular security reasons.
Enforcement of isolation in particularly secure sections and accommospaces in closed prisons and arresthuse
§ 13. Decision on affixing to section 63 (3) of the Pension Act. 4, and the termination of the application shall be made by the Ministry of Justice, the Executive Board of the Department of Corrections after discussion with representatives of the closed institutions concerned.
Paragraph 2. The Ministry of Justice, the Directorate of Corrections, shall consider at least once a week to consider the issue of wholly or partly to terminate the application. The Executive Board shall, in this connection from the institutions concerned, receive them pursuant to section 9 (4). Two, drafted notes.
§ 14. Appeal to be used as far as possible in cells greater than normal and fitted with a better equipment standard.
Paragraph 2. During the application of the institution, the institution of the institution shall supervise the inmates of the inmate. Anyone who tilts the person in question must make a record in a special diary. The journal shall contain information on the date of supervision and information on the state of the person concerned and any comments made on the need to maintain the application.
Observatory affining
§ 15. Position in observation cell following the section 64 (4) of the Enforcement Code. 1, no. 1, may only take place if :
1) it is necessary to prevent the destruction of the vandalism,
2) the essential considerations of order and security in the institution are required, or
3) special observation is needed.
Paragraph 2. The affixing of the observation cell shall not be carried out where the application of the intended purpose and the infringement and the discomfort which the procedure may have taken into entrails shall be a disproportionate intervention.
§ 16. The affixing can only be carried out in a cell approved as a Observatory of the Ministry of Justice, the Directorate of the Criminal Investigation.
Paragraph 2. A cell approved as an observation cell may not be used for other purposes without the general authorisation of the directorate.
§ 17. The affining of the observation cell shall be carried out as well as circumstances permit.
Paragraph 2. The application shall be terminated without delay when the conditions for this are no longer fulfilled.
§ 18. Decision on affixing of observation cell and the termination of the application shall be made by the head of the institution or by the person empowered to do so.
Paragraph 2. The institution shall immediately draw up a report on the passport. The report shall contain notes on the decision and the reasons for it, information on the date and time that the decision has been notified to the detainees and the information on the institution's deliberations after Section 19. When the inmate is informed of the possibility of complaint to the Attorney General and about when the time limit to lodge a complaint expires, cf. the section 111 (1) of the sentence. Two, this report must be applied.
§ 19. A doctor should be referred to as a doctor.
1) there are suspected cases of disease, including injury, in the case of the inmate in connection with the application ; or
2) the inmate is requesting medical assistance.
Paragraph 2. In connection with the application, investigation of the person being taken shall be carried out, cf. Section 60 of the execution of a criminal offence, unless the institution estimates that it is unnecessary. If necessary in the case of a case, the inmate may also be converted. The inmates shall, where appropriate, be requested to carry out the adhetacation themselves.
20. During the application, the inmate shall be subject to regular intervals to the institution ' s personnel. Anyone who sees the person in question shall make a note on the subject of an observation form, whether or not changes have been made in the conditions of the intervention. The note shall indicate the date and time of the supervision and information on the condition of the person concerned and any comments made on the need to maintain the application.
Paragraph 2. Where provision is made to maintain the application in observation cell for more than three days, the institution shall forthwith report to the Ministry of Justice, the Executive Board of the Criminal Investigation. The report shall contain a detailed justification for the fact that the conditions for the continuation of sightings are considered to be fulfilled and shall be accompanied by a copy of the provisions referred to in Article 18 (2). The report shall be drawn up, and in accordance with paragraph 1. 1 prepared observation form.
Stay in their own habitat or on the second known location.
§ 21. A decision that an inmate temporary (for a few hours) shall remain in his own lounge space or that an inmate who refuses to be employed by any institution authorised activity shall be in his own habitat area or otherwise known as a resident ; the place of residence may be taken by the staff present in the institution, cf. the section 64 (4) of the sentence of the Penance 1.
Paragraph 2. The determination of residence in accordance with paragraph 1. 1 shall be repealed immediately where the conditions for this are no longer fulfilled, including at the end of the regular working time.
Entry into force
§ 22. The announcement shall enter into force on 1. July 2008.
Paragraph 2. Publication no. 673 of 9. July 2003 on the exclusion of detainees from Community, including the placing in observation cell, etc., in prisons and arresthuse (announcement of exclusion from Community) are deleted.
