Executive Order On Prisoner Access To Include, Hold And Dispose Of Own Objects, Etc. And Money In Prison Institutions (Random Order)

Original Language Title: Bekendtgørelse om indsattes adgang til at medtage, besidde og råde over egne genstande m.v. og penge i kriminalforsorgens institutioner (genstandsbekendtgørelsen)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=128187

Overview (table of contents) Chapter 1 common rules

Chapter 2 Own objects

Chapter 3 The prisoner's access to rent, etc., of certain articles which are the subject of Chapter 2

Chapter 4 Access to include, hold and dispose of own money

Chapter 5 Guide, review of articles and registration, etc.

Chapter 6 miscellaneous provisions

Chapter 7 entry into force, transitional provisions, etc., The full text of the Executive order on prisoner access to include, hold and dispose of own objects, etc. and money in prison institutions (random order)

Under section 36, paragraph 2, 3 and 4, § 67, no. 7 and 8, 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 on the enforcement of sentences, etc., and § 776, 1. paragraph, of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1069 of 6. November 2008, fixed:

Chapter 1

Common rules

§ 1. Inmates in prison institutions have the right to include, hold and dispose of own objects in the institution, unless this is incompatible with the code of conduct-or safety reasons, see. Punishment Enforcement Act section 36 (1). An inmate has no right to include, hold and dispose of the mobile phone and similar communication devices in the institution, except where this is compatible with the code of conduct and safety considerations, see. Punishment Enforcement Act section 36, paragraph 4.

(2). The rules of the penalty enforcement § 36 and in this Ordinance shall apply mutatis mutandis for pre-trial custody. The police and the Court may, for the sake of pre-trial detention ends set other restrictions with respect to pre-trial prisoners access to include, hold and dispose of objects and money within the institution, without prejudice. Code of civil procedure § 773, as well as decide on the termination of such restrictions.

(3). § 2 (1) (8). 4-8, nr. 10-11 and nr. 15, §§ 22-28, § 30 and section 35 (2) and (3) shall not apply in prison pensions.

Chapter 2

Own objects

General restrictions on the prisoner's access to include, hold and dispose of own objects

§ 2. Inmates may not include, possess or possess the following items:

1) Objects, which are held in violation of the common law, including legislation on euphoriants and the legislation on weapons and explosives.

2) Objects, which can be used in connection with the abuse of drugs and other substances prohibited by the general law.

3) Alcohol.

4) Objects, which can be used as a weapon, and the other person dangerous objects.

5) Objects, which can be used in connection with the escape, including tools, ropes and the like.

6) Objects, which may present a risk to public health or in the institution.

7) items which may entail or cause risk of fire hazard in the institution.

8) Objects where it is because of the type of goods will not be possible to carry out the necessary studies of the subject.

9) medication, unless special circumstances that the medicine is handed over to the inmates.

10) Photo equipment, video cameras and the like as well as binoculars and the like.

11) mobile phone and similar communication devices, including certain games consoles and accessories, etc. for this purpose.

12) Clothing and other items that can act as a show of force against the other.

13) Clothes and similar articles with racist or other highly offensive symbols or slogans that inmates have the opportunity to carry on in the institution.

14) Protein powders and similar, likely to have as special purpose to work muscle-building, except in the case of a product that is purchased in the institution's catalog or by the institution's measure.

15) Computer, fax and modem, see. However, paragraph 3.

(2). Of order and safety considerations the following shall apply with regard to extradition of objects held by the institution, and which is covered by paragraph 1:

1) Objects that are covered by paragraph 1, nr. 12, including objects that can act as a show of force to staff, can not be supplied by the staff to the detainees in connection with that the inmates must on output and the like.

2) Objects that are covered by paragraph 1, nr. 13, may not be released to the inmates for use during the year and similar, where the inmates are accompanied by staff.

3) other items covered by paragraph 1, may be provided to the inmates for use during the year and the like, if this case is compatible with the code of conduct and safety considerations. Similarly, with regard to extradition of items which are covered by paragraph 1, nr. 13, in connection with unaccompanied output.

(3). In the open prisons can the institution's head or the entitled thereto, shall permit the extradition of video game consoles, which is covered by paragraph 2, nr. 11, and allow installation of own phone on its own living room, unless the order and safety or the protection of the injured by the offence in each case to the contrary, see. phone notice section 6, paragraph 1. In the open prisons can the institution's head or the entitled thereto, also allow inmates to receive computer designed for deployment in his own living room, if education or employment considerations in the case justify it. There can only be permitted the extradition of fax and modem, when special reasons justify it, and it is compatible with the code of conduct and safety considerations. The Ministry of Justice, Directorate of Probation, may in exceptional cases, and when it is compatible with the code of conduct and safety considerations allow the extradition of computer to inmates in closed prisons and arrest houses (the Copenhagen Prisons).

Special restrictions on inmates in the closed prisons

§ 3. In addition to those listed in section 2, paragraph 1, referred to own objects inserted in closed prisons do not include, possess or possess:

1) tv, dvd and cd players, all types of gaming consoles, radios and the like.

2) other items that require connection to the electricity network or batteries, see. However, paragraph 2, and § 2, paragraph 3 3. PT.

3) accessories for items covered by nr. 1 and 2 of the basic regulation. However, § 4, paragraph 1.

4) Passport.

5) Objects, which can be used instead of money, URf.eks. cheques, debit cards and the like.

(2). The institution's head or the entitled thereto, may authorize an inmate receive items which are covered by paragraph 1, nr. 2 If extradition is justified by exceptional circumstances, including the prisoner's illness, disability or similar. The institution's head or the entitled thereto, may also allow an inmate receive own wristwatch, notwithstanding the fact that this had to be battery powered.

(3). Articles which are covered by paragraph 1, can be supplied for use during the year, if this case is compatible with the code of conduct and safety considerations.

§ 4. Notwithstanding article 3 (1) (8). 3, may be accessory for dvd and cd players, video game consoles and the like, as an inmate in accordance with the rules laid down in Chapter 3 has been made available by the institution, shall be handed over to such an extent that the inmates a maximum is in possession of a total of 30 original dvd movies, CDs, games for video game consoles and the like.

(2). In institutions, where, as a result of klientellets character is quite specific security risks associated with disclosure of certain types of dvd movies and the like, can the institution head determining

1) that such types of dvd movies and the like cannot be supplied within the institution, and

2) that only dvd movies and the like in unbroken packaging can be carried in the institution.

Special restrictions for inmates in arrest houses, including the Copenhagen Jails

§ 5. In addition to those listed in section 2, paragraph 1, referred to own objects inserted in arrest houses do not include, possess or possess:

1) Television.

2) Passport.

3) Objects, which can be used instead of money, URf.eks. cheques, debit cards and the like.

(2). Articles which are covered by paragraph 1, can be supplied for use during the year, if this case is compatible with the code of conduct and safety considerations.

Transfer, broadcast and sealing of objects, etc.

§ 6. It can be made into a playing field for the handing over of objects that require connection to the electricity network or batteries, that the subject-matter

1) labelled in order to identify the type of owner, and

2) is sealed.

§ 7. The institution's leader can lay down rules to the effect that the objects that require connection to the electricity network or batteries, in cases where the institution does not even can make a sufficient study of the instrument can only be extradited on the condition that the inmates pay for the study.

§ 8. Inmates may not assign (sell, swap, rent, mortgage or give away) or distribute items that are registered, see. section 31.

(2). If exceptional circumstances speaks for it, can the institution's head or the one who is empowered to do so, allow a registered subject matter is transferred or sent out of the institution.


§ 9. The institution's leader lays down detailed rules for the extradition of prisoners ' own articles. The institution's Director can, in this context, taking into account the characteristics of each institution, establish additional restrictions on the prisoner's right to include, hold and dispose of own objects in the institution, including with regard to the type of article size, number and kind of packages, etc.

§ 10. The institution's leader can lay down detailed rules on the use of the delivered objects.

§ 11. The institution's head or the entitled thereto, may provide that certain objects can not be released to an inmate, if extradition is incompatible with the code of conduct and specific safety considerations.

Chapter 3

The prisoner's access to rent, etc., of certain articles which are the subject of Chapter 2

Closed prisons

§ 12. Inmates in closed prisons have, to the extent practicable, in accordance with article 3. § 17, for use in his own living room right to rent

1) television,

2) radio,

3) dvd player and

4) cd player.

(2). Prisoner's right to rent items such as referred to in paragraph 1 may be granted only on condition that the inmates agree to rent a unit that contains some or all of the objects referred to in paragraph 1.

§ 13. Inmates in closed prisons can get permission to rent a video game console for use in his own living room.

(2). Video game consoles, which are rented out to inmates shall be of a type approved by the Directorate.

§ 14. Inmates in closed prisons have, to the extent practicable, in accordance with article 3. § 17, right for the institution to buy

1) hairdryer,

2) hair and beard trimmer,

3) razor, and

4) table fan.

§ 15. Where particular educational or professional account in each individual case justify it, may be inmates in closed prisons borrow computers purchased by the institution and placed in the school's auspices. Inmates who do not have the opportunity to prepare written assignments, etc. within the period during which these premises are available, may exceptionally be permitted to obtain a computer designed for deployment in its own cell.

Arrest houses, including the Copenhagen Jails

§ 16. Inmates in arrest houses, including the Copenhagen Prisons, has, to the extent practicable, in accordance with article 3. § 17, right to rent televisions for use in his own living room.

Common provisions

§ 17. For the fulfilment of the prisoner's access to rent and buy certain items after the rules in § 12, § 14, § 16 shall be the responsibility of the closed prisons and arrest the houses, including the Copenhagen Prisons, to establish rent schemes, etc. of the said objects to an extent that is in proportion to the number of inmates and the characteristics of each institution, moreover, generally deemed adequate in relation to the prisoner's need for rent, etc.

(2). Inmates whose desire for rental of television and radio cannot be accommodated, by access to television and radio in fællesskabsrum or similar, have the opportunity to stay informed through radio and television broadcasts.

§ 18. Prices for rent and purchase of items according to the rules laid down in this chapter shall be equivalent to the direct costs of acquisition, repair, maintenance, certain license costs, etc.

§ 19. The Directorate may determine the maximum prices for the rental and sale of objects according to the rules laid down in this chapter.

§ 20. Articles by rent or purchase shall be made available to prisoners in accordance with the provisions of this chapter, shall, before being released to inmates, sealed with special selection-stripes, so that it can be verified that the object cannot be used to store the location of euphoriant substances or similar.

§ 21. By rent of objects according to the rules laid down in this chapter, the inmates after guidance accordingly by his signature to agree with that

1), the person concerned is liable to the subject after Danish court general liability rules,

2) if that wreaks havoc on the subject by a replacement culpable behaviour, the amount of compensation to offset the person's remuneration for employment, see. Punishment Enforcement Act § 74 and pre-trial notice section 95,

3) if that interfere with the subject-matter, including breaking the seal ring, the object will be taken from the living room, and

4) if the inserted by coarser repeated replacement culpable behaviour wreaks havoc on the subject, will access to the rental of the subject pursuant to this chapter for use in his own living room could be denied the question.

(2). From the sale of items according to the rules laid down in this chapter, the inmates would be guided on,

1) that articles must not be transferred (sold, traded, rented, transferred, pledged or given away) or broadcasted by the institution, and

2) to articles alone can be included by transfer to another institution if the inserted by the download can present a receipt for the purchase of the items.

Chapter 4

Access to include, hold and dispose of own money

§ 22. Money that is included by the insertion in the institution, to be sent to you during your stay, received visits or included after output, can be provided to inmates in open prisons and arrest houses.

(2). In the closed prisons and in Copenhagen Prisons inserts money, that is included by the insertion in the institution, to be sent to you during your stay, received visits or included after output, on an account in the prison.

§ 23. Inmates in open prison and courthouse (the Copenhagen Prisons) must be in possession of more than 3,000 DKK. In closed prisons, where inmates are permitted to possess cash, an inmate must be in possession of more than 1,500 kr. These limitations do not apply in institutions for asylum seekers.

(2). If it is required by the code of conduct-or safety reasons, the institution's head, taking into account the characteristics of each institution, setting a lower threshold than the one referred to in paragraph 1. The institution's Manager may also determine limitations in terms of what payment devices, the inmates must be in possession of.

§ 24. An inmate may only use the money for purposes that are compatible with the interests of order and security in the institution. The institution may require appropriate supporting document proving the amount of use.

§ 25. The institution must reasonably ensure that inmates can buy daily necessities and buy or rent other things either in the institution's catalog or by ordering at the institution's suppliers.

(2). Ordered items can only be released to an inmate if the person has paid or immediately pay for articles, see. However, section 26, paragraph 2.

section 26. The institution can refuse to help buy on hire purchase or similar.

(2). The institution may authorize extradition of items bought on installment, if circumstances justify it.

§ 27. Inmates in closed prisons and in Copenhagen Prisons do not send money out of the institution, except in the case of broadcast of working money for Allied, and code of conduct-or safety reasons in individual cases do not speak against it. The institution's head or the entitled thereto, may, however, authorise the removal of other money than working money, if exceptional circumstances in the case in question speaks for it.

(2). In arrest houses can the institution's head or the entitled thereto, banning the sending of money, if the code of conduct-or safety reasons in individual cases justify it. The Ministry of Justice, Directorate of Probation, if special circumstances, approve the implementation of the schemes as referred to in paragraph 1. Any approval is given for a limited period of time.

section 28. The institution head shall determine, taking into account the characteristics of each institution, detailed rules on the application of the money within the institution, including the inclusion of money for use during the year and in connection with the visit. In closed prisons can the institution's leadership in this context establish rules on restrictions on prisoners ' use of money, which is included by the insertion in the institution, to be sent to you during your stay, received visits or included after output, including rules requiring that such money must not be used to buy certain things, including URf.eks. stimulants.

Chapter 5

Guidance, review of articles and registration, etc.

section 29. Upon receipt, the inmates would be guided on the restrictions to include, hold and dispose of own objects and money. The person concerned must in this connection be allowed to send brought with them objects and money to an address outside the institution.

(2). The inmates will also, as appropriate, coached on the limitations under section 2, paragraph 2, article 3, paragraph 3, and § 5 (2) shall apply with regard to the extradition of certain objects in connection with access and the like.

section 30. The institution should review all items and money, as the inmates want to include in the institution. Review the items and money must also be examined in order to prevent smuggling of objects and money, as it is illegal to possess in the institution.

(2). In the context of the review will be taken into account to determine the objects and the money handed out to the person concerned. The prisoners must sign a declaration stating that the handing over of objects and money's going on his own responsibility, unless the institution is responsible in accordance with Danish law general liability rules.


(3). If there are items or money that cannot be handed over, the institution must furthermore orally inform the inmates thereof. There must be written memo stating that the inmates are advised of the possibility of appeal to the Minister of Justice and about the deadline for filing a complaint, see. Punishment Enforcement Act § 111, paragraph 2.

section 31. The institution's leader can lay down rules to the effect that certain items must always be registered.

(2). In closed prisons and Prisons of Copenhagen must items of greater value, which shall be supplied to the inmates, are recorded.

(3). The items are recorded on a separate list for each inserted. The institution's leader can lay down rules that extradition of the objects shall be conditional on the list shall be signed by the inmates.

section 32. Objects or money, as they are not issued to the inmates or sent to an address outside the institution, shall be kept and shall be registered by the institution.

(2). The items are recorded on a separate list for each inserted. The institution's leader can lay down rules about the storage of the said objects shall be conditional on the list shall be signed by the inmates.

(3). The institution may refuse to keep objects having regard to the type of article size, number and kind of packages. If storage is denied, the institution must help the inmate in finding appropriate storage. Storage must be done without cost to the institution.

(4). The institution may fail to detect objects and money held in a registered suitcase, box or similar, without any possibility of confusion with other people's articles.

section 33. The rules laid down in §§ 29-32 is used similarly in terms of objects and money, sent during your stay, visit received at or after year-end are included.

§ 34. If an inmate is away from the institution for a longer period of time, the institution must ensure that his or her articles stored at depot. This also applies by the absence, due to evasion or no-show. Locking of the prisoner's living room may be temporarily used instead of storage at the depot.

(2). When the items are packed down, it must, by registration or sealing to ensure that they are kept separate from other people's articles.

(3). By the absence, due to evasion or no-show, the institution must keep the objects for at least 1 year. After expiry of this time limit can articles be delivered to police. It is evident that the articles themselves are worthless, they may instead be destroyed.

Chapter 6

Various provisions

Suspension and disciplinary action, etc.

section 35. If inmates are in possession of or in possession of objects or money in contravention of the rules laid down in this Ordinance or the rules issued by the institution's leader by virtue of this Ordinance, the institution may decide that the items or money should be involved for the purpose of extradition on release from prison unless the institution shall make provision for the confiscation of the basic regulation. Punishment Enforcement Act § 73.

(2). An inmate may be disciplinary punishment in violation of § 2, § 3, paragraph 1, article 4, paragraph 1, article 5, paragraph 1, article 8, paragraph 1, pursuant to section 11 orders, section 21 (2), nr. 1. Article 23, paragraph 1, § 24, § 27, paragraph 1 1. PT.

(3). The institution's leader can lay down rules concerning the disciplinary penalty for violation of the rules laid down pursuant to article 4, paragraph 2, § 9, § 10, section 23, paragraph 2, § 28, and section 31, paragraph 1.

Storage after release

§ 36. Items which do not include on release from prison, an inmate shall be retained by the institution for at least 3 months. After expiry of this time limit can articles be included for recovery within the institution, sold at public auction or destroyed.

Chapter 7

Entry into force, transitional measures, etc.

section 37. The notice shall enter into force on the 15. November 2009.

(2). Notwithstanding the provisions of section 3 (1) (8). 1 and 2, preserves the inmates before these measures enter into force respectively on 15. April and 15. May 2005 had been allowed for the extradition of own articles which are referred to in these provisions, under the continued deployment

1) permission to do so and

2) ability to bring objects by transfer to other closed prison, where such items were allowed until the entry into force of, respectively, § 3, paragraph 1, no. 1 and 2.

(3). Notwithstanding the provision in § 2 (1) (8). 11, retaining inmates in open prison and courthouse, who before the entry into force of that provision to the 1. July 2007 had been authorised for release by video game consoles, which are covered by this provision, under the continued deployment in that open prison or lockup, permission to do so.

(4). Executive Order No. 736 of 25. June 2007 on the detainee's access to include, hold and dispose of own objects, etc. and money in prison institutions are hereby repealed.
The Ministry of Justice, the 4. November 2009 Brian M/William Rentzmann