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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Table of Contents

Chapter 1 Definitions

Chapter 2 The start of the case, etc.

Chapter 3 Supportive effect of application

Chapter 4 Contesan investigation and recommendation

Chapter 5 Decision of the Executive Board

Chapter 6 Conveniance and implementation

Chapter 7 Supervision and control

Chapter 8 Reporting, temporary transfer to arresthus or imprisonment and revocation of the grant of the imposition of the residence of the Member State of residence

Chapter 9 Entry into force

Completion of the enforcement of the sentence of the place of residence under intensive surveillance and control (notification of the enslament of residence)

In accordance with Article 78 a (a), Article 78 (3), Section 78 (d) (3) and Section 78 (f), 3, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 1337 of 3. In December 2007, as amended by law no. Five hundred seventeen. June, 2008, Law No. No. 501 of 12. June 2009 and Law No 712 of 25. June 2010 shall be :

Chapter 1

Definitions

§ 1. ' In the case of the impunity of the place of residence ' shall mean the enslament of penalties in the place of residence under intensive surveillance and control after the Enforcement Act Chapter 13 a.

§ 2. The term ' supervisory authority ` shall mean the institution of the Department of Corrections, which shall supervise the inspection and control of the sentenced person in the case of the criminalisation of the Criminal Investigation.

§ 3. For the purposes of this notice, the term ' aptitude assessment ` shall mean the examination of the personal nature of the judiciary, including their housing, employment conditions, physical and mental health, as the State of Corrections, Section 78 b (b) of the sentence of the Penance Act. 3, cf. paragraph 1, shall make use of the assessment of whether the sentenced person fulfils the conditions of section 78 b (b) of the penalty of criminal law. 1, no. 1-4, as well as the assessment of the imposition of impunity in the place of residence as a result of the situation of the judiciary.

Chapter 2

The start of the case, etc.

Orientation of the convicted

§ 4. When the Directorate-General referred to in section 2 (2) of the invocation of the contract. 3, or after the invocation of section 6 (3) of the invocation. 2, has received notice that a person is to be sentenced to prison, the Directorate shall send a letter to the person concerned if it complies with the conditions of Article 78 a (a) of the penalty. One or two. The letter shall be informed of the person concerned :

1) the possibility of applying for the payment of the penalties in the place of residence,

2) the conditions for granting authorization to the penalty on the place of residence, cf. Section 78 b (b) of the sentence of the Penance Act. 1 and 2,

3) the conditions for the authorisation to be the penalty for the place of residence, cf. Section 78 c of the sentence of the law of penalties,

4) the application for authorization to be lodged in the place of residence must be lodged with the directorate, and

5) the conditions under which an application for authorisation to be granted the penalty on the place of residence shall be attached to the termination effect, cf. § 7.

Paragraph 2. Orientation in accordance with paragraph 1 However, 1 shall not be sent if the Directorate-General on the basis of the present evidence does not comply with the conditions laid down in Article 78 b (b) of the sentence of the sentence of the sentence of the Pension. 1, no. 3, or the convicts don't have a populator's address. The same shall apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the examination of an application for a penalty of criminal activity ; the place of residence.

Paragraph 3. Orientation in accordance with paragraph 1 In addition, 1 is not sent if the convicted person is less than 18 years old. Instead, it is convened as soon as a conversation with the Department of Corrective Services in Freedom.

Competence to take a decision by the rules of this notice

§ 5. The Ministry of Justice, the Ministry of Correction, shall take a decision on :

1) the authorization to pay the penalty on the place of residence,

2) the enslaving effect of an application for the impunity of the residence of the Member State, cf. Section 7 (2). 3,

3) permit to remain outside of the place of residence in specific cases, in accordance with the provisions of the Member State in question. § 28, paragraph 1. 3, and

4) the revocation of the authorization to be the penalty on the place of residence.

Paragraph 2. The people in paragraph 3. Paragraph 1 shall be taken according to the recommendation of the supervisory authority.

§ 6. The Supervisory Authority shall decide on :

1) the termination and implementation of sentencing to the place of residence, cf. Article 8 (8) of the penalty of criminal law. 4, and Chapter 6 of this notice,

2) permit to remain outside of the place of residence in specific cases, in accordance with the provisions of the Member State in question. § 28, paragraph 1. 1 and 2, and

3) temporary transfer to prison or arresthus, cf. Section 78 (f) of the penalty of criminal law. 2, and this notice section, section 31.

Chapter 3

Supportive effect of application

§ 7. If the Directorate-General within 14 days of the date of the entry in section 4 (4), The letter referred to in Article 1 (1) has received an application for sentencing to the person of residence from a convicted person on the loose, suspended the sentence until a decision has been taken as to whether or not this application may be met.

Paragraph 2. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place, it shall be in accordance with paragraph 1. 1 that time limit of 7 days.

Paragraph 3. Where special reasons are specified, the Agency may, in other cases, determine that the execution should be suspended until a decision has been taken as to whether the application for the penalty on the settlement of the sietch can be met.

Paragraph 4. However, an application for the impunity of the residence may not be conferred if the Commissioner has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require that the condemned start to take place ; the execution without waiting for the examination of an application for the impunity of the residence of the Member State, cf. Article 78 (a) of the sentence of the law of penalties. 3, 3. Act.

Chapter 4

Contesan investigation and recommendation

General on the suitability survey

§ 8. When a convicted person has submitted an application for authorization to carry out the penalties in the place of residence, the directorate shall forward the dossier and, where appropriate, any criminal proceedings for the supervisory authority in order to carry out a decision by the supervisory authority ; examination of the suitability of the judiciary in order to carry out the penalties in the place of residence. If the criminal sorrow is already familiar with the person's personal relationship, and it is clear that the sentenced person does not satisfy the conditions of impunity in the place of residence, in accordance with the conditions laid down in the Member State of residence, Section 78 b (b) of the sentence of the Penance Act. 1 or 2, the implementation of a more detailed aptitude test for the condemned shall be omitted.

Paragraph 2. Before commencing, the supervisory authority shall ensure that the person convicted has given written consent to,

1) the procedure for processing shall be obtained for the information on the person concerned from the Central Criminal Register ;

2) the supervisory authority, to the extent necessary for the organisation and execution of the enslavement of the Member State of residence, requests and, in this context, information on the criminal activity of the judiciary and so on to persons who have the same, resident as the convicted person who is more than 18 years old ;

3) the supervisory authority, to the extent necessary for the organisation and execution of the impunity of the Member State of residence, requests and, in this context, information on the criminal activity of the judiciary and so on to the establishment of the judiciary, educational or similar, including for the purpose of the appointment of the contact person who can notify the supervisory authority if the person sentenced in whole or in part is not carried out from its work, training or the like, and

4) the supervisory authority, to the extent necessary for the organisation and execution of the enslavement on the residence of the Member State, shall collect information from other departments of the Exemption Authority in Freedom.

§ 9. In connection with the suitability study, the supervisory authority shall obtain written consent by persons having the same residence as the sentenced person and is more than 18 years old to the sentence of the place of residence, as defined in the case of the person who is sentenced to be sentenced in the Member State of residence. Section 78 b (b) of the sentence of the Penance Act. 1, no. 4.

In particular, the production of activity schedule and so on.

§ 10. Before the time of sentencing to the Member State of residence, the supervisory authority shall draw up a proposal for the content of an activity scheme for the purpose of the time of the penalty. The draft activity scheme shall include, inter alia, the period during which the sentenced person shall :

1) to be found in the place of residence,

2) go to work or training, or similar,

3) participating in the Program Company ;

4) participate in any processing,

5) meeting for inspection visits to the supervisory authority and so on.

Paragraph 2. In the event of the event, it shall also show that the period during which the condemned may leave its place of residence in order to make personal purchases, clothing dishes, etc. These periods shall be determined in such a way as to make up to 4 hours a weekly basis.

Paragraph 3. The activity scheme shall also specify that the person sentenced in days when the person concerned does not have any activity outside its place of residence may not be outside the sietch. This can be done in the first month of the probe for two hours on a daily basis in the second paragraph. month of departure for 3 hours on a daily basis in the third. and 4. the month of the probing for 6 hours daily and in the fifth. the month of the probe for eight hours a day.

Paragraph 4. Stay outside the residence in accordance with paragraph 1. 3 can happen in the time room from 0300 hours. 6 for at 22 and a maximum of two days a week. However, if the person convicted has more than two even-free days a week, however, the hours may be allocated more than 2 days, but so that the total number of hours in which the sentenced person has permission to stay outside of the sietch remains unchanged. The permit to stay outside of the place of residence, in accordance with paragraph 1. 3 may not be added together with a permit given in accordance with paragraph 1. 2.

Specific information on the establishment of a programme

§ 11. Identification of the Program (s) to which the sentenced person is to participate in, cf. Section 78 c (c) of the sentence of the sentence. 1, no. 6 shall be based on the need for assistance, support and guidance provided by the person being given to the judiciary and the time-scale of the impunity.

Especially on the intake of urine and extraction tests

§ 12. There must be no other persons present in the room where the sentenced person shall be given a urine sample after the sentence of Article 78 b (b) of the sentence of the sentence of the Pension. Three, last point. cf. however, paragraph 1 2.

Paragraph 2. The Supervisory Authority may, if necessary, determine that the urine test must be transferred to the staff of the detector.

Paragraph 3. Forgication of the urine sample provided for in paragraph 1 Two may only be overweised by the same sex as the convicted person.

Paragraph 4. Note the publication and the results of the urine sample must be made.

§ 13. Dedication of exoneration test of a Section 78 b (b) of the Pension Act. 3, final pkton, overweight of personnel from the supervisory authority.

Paragraph 2. There must be note of the submission and the outcome of the exocration test.

Preference

§ 14. The authority of the Supervisory Authority to the Directorate-General for the application to be met shall include :

1) Fitness Survey

2) Proposals for any additional terms, cf. Section 78 c (c) of the sentence of the sentence. 2.

3) Declaration of consent from

a) resident persons over 18 years, cf. § 9,

b) the condemned person for the information obtained from the Central Criminal Register, cf. § 8 (3) 2, no. 1,

c) the condemned person to be approached in accordance with the same person, cf. § 8 (3) 2, no. 2,

d) the sentenced person to work, training, or similar, cf. § 8 (3) 2, no. 3,

(e) the condemned person for information from other departments of the Exemption of the Criminal Investigation, cf. § 8 (3) 2, no. 4.

Paragraph 2. A recommendation for the directorate that the application should be rejected must include the inspection authority ' s suitability and information on the assessment of the judgment of the supervisory authority ' s position.

Chapter 5

Decision of the Executive Board

§ 15. The Executive Board shall send a decision authorising the penalties on the place of residence to the sentenced and supervising authority. At the same time, the supervisory authority shall be empowered to state the sentence of the sentenced person and apply the penalty, cf. Chapter 6.

Paragraph 2. Copy of the authorisation shall also be sent to the police commissioner of the police circuit where the sentenced person resides or resides.

§ 16. The Executive Board shall send a decision on the request for authorization to grant the penalty of the penalty on the person of residence to the condemned person and to the supervisory authority, if this has been involved in the proceedings.

Chapter 6

Conveniance and implementation

§ 17. When the supervisory authority from the Directorate has received information that a conviction is to be sentenced to the residence, the supervisory authority shall state the sentence of the sentenced to the penalty.

§ 18. The condemned must be attribumed to a period of at least four weeks before the date of implementation. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2 if the infringement relates to the possession of a knife in the public place, the deadline for the termination shall be 10 days. A 10-day grace period shall also apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the treatment of a person ; application for the enslament of the Member State of residence. If the sentenced person agrees to this, then, in the case of a shorter notice, they may be summons in the case of 1. -3. Act.

Paragraph 2. Commencing shall be carried out within six weeks of the date of the decision of the Agency. For persons convicted of penal code § 119, § 123, § 192 (a) (i). 1, no. 1 if the infringement relates to firearms held, worn or used in a public place, section 216, section 244-246 or arms and explosives, section 10 (4). 2, where the infringement relates to the possession of a knife in the public place, however, the implementation shall be made within 30 days of the date of the decision of the Agency. The same shall apply where the police chief has informed the State of the investigation that the consideration of the preventive activities of the police is deemed to require the sentencing of the sentence without waiting for the examination of an application for a penalty of criminal activity ; the place of residence.

Paragraph 3. If the practical organization of the ensuing offence makes this necessary, the 6-week deadline may be set out in paragraph 1. TWO, ONE. Pkt., departed. Where the supervisory authority considers that there are similar reasons, a derogation is needed to derogate from the 30 day period referred to in paragraph 1. TWO, TWO. and 3. ..............

§ 19. The sentence shall be carried out when the supervisory authority gives the condemned notification to this effect, cf. Article 8 (8) of the penalty of criminal law. 4.

Chapter 7

Supervision and control

20. For the purposes of the supervision of the sentenced person, cf. Section 78 d (1) of the penalty of criminal law. 1, it is incumbated by the supervisory authority to support and guide the condemned person in order to improve the ability of the judiciary in order to live in a criminal-free life and to exercise control over the fact that it complies with the conditions applicable to the execution of the sentence.

§ 21. In order to improve the ability of the judiciary in order to live in a criminal-free life, the supervisory authority shall be responsible for the relevant extent during the penalty of the law ;

1) guide and assist the judged on the working, educational, social and personal conditions of the person concerned ; and

2) communicate contact with persons, institutions and authorities, which, in accordance with other legislation, may provide the sentenced assistance.

§ 22. The Supervisory Authority shall lay down the rules necessary for the implementation of the supervision and conditions of authorisation.

Paragraph 2. The terms and conditions of treatment, participation in programmers, must be carried out by the supervisory authority immediately following the initiation of the impunity. It shall be the responsibility of the supervisory authority to ensure that such conditions are complied with.

-23. The extent of the contact between the supervisory authority and the judged during execution shall be determined by an overall assessment of the need for support and control, as well as in respect of the rules in section 25-26.

§ 24. The checks carried out in accordance with the conditions laid down for the authorisation shall be carried out, inter alia, by an electronic transmitter at the time of an electronic transmitter, to be monitored by the supervisory authority in the implementation of the impunity ; being mounted on the person being sentenced.

§ 25. Furthermore, checks and inspections shall be carried out by :

1) the supervisory authority shall make on-the-spot checks and checks on the place of residence, the workplace, the educational site or the like, and

2) the person who is convicted must be entrusted with the supervisory authority.

SECTION 26. The number of control visits and inspection tests shall be determined on the basis of an assessment of the need for control and supervision in the individual case, however so that the supervisory authority as a minimum puts 1-3 unannounced visits to the sietch per week and as a minimum ; minimum control boatings for work, training, or similar cases per week.

Paragraph 2. The determination to the extent to which the convicted person shall appear at the supervisory authority, cf. Section 78 c (c) of the sentence of the sentence. 1, no. 8 is based on an assessment of the need for supervision and control in the individual case.

§ 27. The exchange of samples and urine samples may, inter alia, be taken during inspection visits to the sietch, or when the convicted meetings of the supervisory authority are taken.

Paragraph 2. sections 12 and 13 shall apply mutatis muthafs to the release of the exhalation and urine tests provided for in paragraph 1. 1.

§ 28. The Supervisory Authority may allow the person sentenced to be in addition to the periods defined in the activity schedule, residing outside of the place of residence for the purpose of :

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

2) to be present at a near-person's funeral,

3) to appear in court or to other public authorities in cases where the public authority considers it to be necessary ; or

4) medical examination or treatment or other similar treatment which is not appropriate to the place of residence.

Paragraph 2. The Supervisory Authority may also allow convicted felons to be punished for 30 days or more, with a view to visiting the presence of nearby persons at major family events.

Paragraph 3. Where the supervisory authority considers that the condemned of other similar weighting reasons other than those referred to in paragraph 1 shall be deemed to be the case. Paragraph 1 and paragraph. whereas, in addition to the time period referred to in the activity table, the matter must be given permission to remain outside the sietch in addition to those specified in the activity schedule.

Chapter 8

Reporting, temporary transfer to arresthus or imprisonment and revocation of the grant of the imposition of the residence of the Member State of residence

§ 29. In addition to the provisions of Article 78 d (1) of the penalty of criminal law, The supervisory authority shall provide the supervisory authority to report to the Directorate, if any,

1) the condemned request that the authorisation be withdrawn,

2) the sentenced person before the execution of the enforcement has committed a criminal offence,

3) the person convicted at the time of the execution of the execution or during this detention shall be deprived of any other reason other than the execution of the prison sentence, the authorisation shall concern, or

4) the person convicted at the time of the execution of the execution no longer meets the provisions of Article 78 b (b) ; 1, no. 1, 2 and 4.

-$30. The report to the Directorate shall contain information on :

1) the observations made by the judiciary for the reporting ; and

2) whether or not the regulatory authority considers that the granting of the authorisation of the residence of the Member State of residence shall be revoked.

Paragraph 2. If the supervisory authority has taken a decision on temporary transfer to prison or arresthus, cf. Section 78 (f) of the penalty of criminal law. The report shall also include information on this subject.

§ 31. Temporary transmission to prison or arresthus after the Article 78 (f) of the sentence of the sentence of the Pension Act. Two, will be carried out by a practical assessment. Temporary transmission shall be carried out as a general rule if the supervisory authority finds it clear immediately that the granting of the authorisation of the residence must be revoked, including, among other, if the convicted person

1) have been ascertained by alcohol, eupreizing substances or similar,

2) refuses to take urine or exoneration test,

3) no longer has a permanent residence,

4) after participation in non-residence activity without reasonable justification, return to the residence for a long period of time after the period specified in the activity scheme, or

5) has left the sietch outside of the periods defined in the activity table.

Paragraph 2. Temporary transmission to prison or arresthus shall be carried out in immediate connection with the decision of the supervisory authority and by the supervisory authority ' s measure, if necessary with the assistance of the police.

Paragraph 3. On temporary transfer, the sentenced person shall be transferred in accordance with paragraph 1. 2 to the place of arresso. The post office may subsequently be taken to ensure that the convicted person should be transferred to another arresor or a prison.

§ 32. The decision on whether or not to withdraw the sentence of the sietch shall be revoked as soon as possible after the directorate has received the supervisory authority's position on this.

§ 33. If the convicted person is not temporarily transferred to prison or arresthus, the Board ' s decision shall be sent by fax or similar to the supervisory authority. Where the Directorate has decided that the authorisation should be withdrawn, the decision of the directorate shall indicate in which institution the condemned person shall be placed. The Supervisory Authority shall inform the judgment as soon as possible of the judgment.

Paragraph 2. Where a decision has been taken, the condemned person shall be transferred immediately to the action of the supervisory authority and, where necessary, with the assistance of the police, to the place of arresal. The post office may subsequently be taken to ensure that the convicted person should be transferred to another species of arresor or a prison.

Paragraph 3. Arreation in arresthus or penitentiary after paragraph. 2 shall be done with a view to taking place in the institution designated by the directorate.

§ 34. If the convicted person has been temporarily transferred to prison or arresthus, the Board ' s decision shall be sent by fax or similar to the institution in which the convicted person is inserted. Where the Directorate has decided that the authorisation should be withdrawn, the decision of the directorate shall indicate in which institution the condemned person shall be placed. The institution in which the condemned prisoner is appointed shall serve the judgment of the convicted person.

$35. Transfer to the institution designated by the directorate shall be by agreement between the institution to which the convicted person has been transferred and the institution designated by the directorate.

Chapter 9

Entry into force

§ 36. The announcement shall enter into force on 1. July, 2010.

Paragraph 2. Publication no. 632 of 26. In June 2009 on the enforcement of penalties in the place of residence under intensive surveillance and control (notification of impunity on the residence of residence) shall be repealed at the same time.

Ministry of Justice, the 25th. June 2010

Lars Barfoed

/ William Rentzmann