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Executive Order On Prisoner's Access To The Community, Etc. With Other Inmates In Prison Institutions (Community Notice)

Original Language Title: Bekendtgørelse om indsattes adgang til fællesskab m.v. med andre indsatte i kriminalforsorgens institutioner (fællesskabsbekendtgørelsen)

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Table of Contents
Chapter 1 Common rules
Chapter 2 Included in inmates for certain hours of the day
Chapter 3 Lock out in the absence of an intervention from his own lounge.
Chapter 4 Special rules for community in the jail of Copenhagen (Copenhagen Prison)
Chapter 5 Competence
Chapter 6 Entry into force

Completion on the access of prisoners to Community and so on with other inmates in the institutions of the Criminal Investigation (Community Order Decision)

In accordance with section 33 (4), 6, section 33 a (a), 6, and section 105 (5). 2, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 1162 of 5. October 2010 and section 776, 1. pkt;, in the law of the court's care, cf. Law Order no. 1063 of 17. November 2011 :

Chapter 1

Common rules

§ 1. Inmate has access to community with other inmates following the section 33 of the Enforcement Act.

Paragraph 2. The section 33 of the Criminal Enforcement Act, section 33 a and this notice shall apply mutatis muchases to the arrest of a person who is not isolated in accordance with the law of the law.

§ 2. The leader of the prison or arresthug shall lay down, in the light of the circumstances of the individual institution, rules on the implementation of the ACU's access to community with other inmates. It may include, in particular, rules on locking of accommodation, departments and joint rooms, work and educational premises, etc., as well as access to visits, correspondence and telephone conversations between the inmates of the institution.

Cell community in special prison departments and arresthuse in accordance with the provisions of Article 33 (3) of the penalty. 2

§ 3. The Ministry of Justice, the Directorate of the Criminal Investigate, may decide that the Community may be in a prison branch or an arresthus designated for the placement of inmates whose attendance creates a special risk of abuse of inmates. staff or others in the institution are carried out as a cell collectively with another inserted into their own accommodational area, cf. Section 33 (4) of the sentence of the sentence. 2.

Paragraph 2. The head of the institution or the one authorized by the institution shall take a decision on which prisoners can have a cellular community together. It is a prerequisite that the inmates want to have a cell together with each other.

Paragraph 3. A cell community must be accessible at leisure at least two hours daily and as far as possible.

Paragraph 4. The head of the institution or the authorised person shall decide whether an inmate may be given permission to be employed in conjunction with another inmate in the cell.

Paragraph 5. The head of the institution or the authorised person shall decide whether an inmate may liquidate the farm with another inserted.

Paragraph 6. The staff shall be continuously aware of the state of the individual work and shall immediately inform the institution of the institution if there is suspicion that the prisoner suffers mental overload at the ward.

Non-persistent restrictions or repealing the Community in exceptional situations following the section 33 of the sentence of the sentence

§ 4. For a decision, in accordance with the provisions of Article 33 (a) of the Pension Act, Paragraph 1 shall, in determining the extent of the measure, carry out a weighing of the intended purpose of the intervention against the discomfort and the discomfort which the procedure may be considered to cause. The same applies to a decision to maintain the measure.

Paragraph 2. The institution shall consider a daily basis for a measure pursuant to Article 33 (a) (a) of the Enforcement Act. 1, may be deleted or restricted, cf. Article 33 (a) of the sentence of the sentence. As far as possible, the institution shall take steps to ensure that the conditions are normalized as quickly as possible.

Paragraph 3. The institution shall assess on a daily basis whether there are inmates to be taken out of the measure, for example by transfer to the second institution, cf. Article 33 (a) of the sentence of the sentence. 4.

Paragraph 4. The institution shall inform the Ministry of Justice of the Department of Corrections as soon as possible, the Board of Corrections, on a decision of Article 33 (a) of the Criminal Enforcement Act. 1, and shall inform the Directorate on a daily basis as long as the decision is maintained, cf. Article 33 (a) of the sentence of the sentence. 5.

Paragraph 5. If the complete waiver of the community has a duration of more than 14 days, section 6 (4) days shall be found. ONE, TWO, THREE. pkt., paragraph 2, and paragraph 1. 3, no. 1, in the notice of the exclusion of Community applicable. The inmates shall be weighted on the special rights and offers to them in accordance with the said provisions.

Paragraph 6. If conditions do not permit the inmates to be given access to the workplace, then inmates must be offered cell work as far as possible.

Inserted units at specially secured departments

§ 5. If an inmate without being excluded from Community after the section 63 of the Enforcement Act is placed in a specially secured section, and it is not possible to establish a community between the person concerned and other inmates, section 6-8 and section 10 i Community exclusion shall apply mutatis muctis.

Chapter 2

Included in inmates for certain hours of the day

§ 6. In closed prisons, the institution can lock the prisoners ' own accommospaces during the period between time. 9 p.m. and at 9 p.m. 08.00.

Paragraph 2. In the house of succession (Copenhagen prisons), the institution may be able to lock the institution ' s own habitat all 24 hours a day, cf. however, § § 11-20.

Paragraph 3. In closed prisons and arresthuse, inmates who may not be employed by any institution which may not be engaged in an operation of the institution shall be locked up in their own living quarters or at the time of the second known residence during working hours.

Paragraph 4. Paragraph 3 shall apply mutatis muted to where an inmate in a short period of time is not considered to be employment, while considering which of the job's job is to be associated with the person concerned.

§ 7. In open prisons, the institution can lock the prisoners ' own rooms between the two o'clock. 9 p.m. and at 9 p.m. It is appropriate and justifiable in accordance with the conditions laid down by the appropriate and security conditions in the individual institution.

Paragraph 2. If an open prison establishes a system of loasting in accordance with paragraph 1. 1, the prison shall report to the Ministry of Justice, the Executive Board of the Department of Correction, on the subject.

Paragraph 3. In open prisons, inmates, due to illness, cannot be employed by one of the institution ' s authorised activity, locked up in their own habitat or at the time of the second known residence during working hours.

Paragraph 4. Paragraph 3 shall apply mutatis muted to where an inmate in a short period of time is not considered to be employment, while considering which of the job's job is to be associated with the person concerned.

Chapter 3

Lock out in the absence of an intervention from his own lounge.

§ 8. Inmates in the family of Copenhagen (Copenhagen Prison) may, in absence from their own quarters, require this to be closed by the institution ' s measure.

Paragraph 2. Other inmates who have access to community with other inmates shall, as far as is practicable, have access to the locking of their own habitat area.

Paragraph 3. The institution must, in any case, be given the opportunity to obtain access to the locked room.

§ 9. The institution must unlocks the establishment ' s own habitat if the inmate is absent due to the exclusion of Community, affining, penalty or security cell, or, where necessary, in connection with a study of the accommomities or in the case of force. The institution may, in addition, be able to lock down the prisoners ' s own accommotiies if, in other specific cases, the requirements of the order or security are necessary.

§ 10. In cells with more than one inmate, a lockdown shall be locked in accordance with section 8 (3). 1, and section 9 only happens if all prisoners have left the cell.

Chapter 4

Special rules for community in the jail of Copenhagen (Copenhagen Prison)

Community in Community spaces, etc.

§ 11. To the extent that is structural for this, the inplace of the heret must be incorporated into a Community space and so on, where prisoners can have a community.

§ 12. If there is an established Community space or an establishment of free-time activities in the case of gangareals and similar, inmate access may be granted during leisure time to the extent to which it is estimated that the situation in the individual institution is deemed to be deemed necessary safe and sound defensible.

§ 13. If, in the house of succession, established common spaces where prisoners are employed by working or teaching, inmates may access to it to the extent that, in the light of circumstances in the individual institution, the oriental and safety conditions are deemed to have been deemed to have been deemed to be appropriate ; defensible.

§ 14. The place of the arrest shall, to the extent that it is possible, in the circumstances of each institution is possible, organise free time offers, where more inmates have the opportunity to participate jointly.

§ 15. Community under sections 12 to 14 shall be subject to supervision or, where appropriate, the transfer of staff to the extent or security considerations, including the risk of offenses, including the risk of inmates, to the extent of the risk of inmates.

Paragraph 2. Gårdtur of the provisions of Article 43 (3) of the Enforcement Act. Article 29 (3) and Article 29 (3). 3, in the notice of residence in custody, shall be held under the presence of staff.

§ 16. Before giving an inmate consent to a Community after Section 12 14, the staff shall assess whether this is acceptable in the light of the circumstances in the institution of the ordination and safety.

Cell community

§ 17. If the inserted person does not have a community after paragraph 12, then the inmate should have access to a cell community (managed community with another inserted in its own lounge) in the time period. It is a prerequisite that there is an inmate that wants a cell community with that in question. If present and security defensible, cell colleges between more than two inmates may be allowed to be authorized in exceptional circumstances.

Paragraph 2. Cell collectively between two or more specific prisoners in accordance with paragraph 1. 1 requires the consent of staff.

Paragraph 3. An inmate can only be excluded from a cell community if either the conditions in the section 63 of the execution of the penalty law are met or the inmate has a community after paragraph 12.

Local directional lines

§ 18. The leader of the Arresthug shall be determined in the light of the circumstances in each institution for the number of inmates at a time, in accordance with sections 12 to 14 and the grounds of the courtyard, cf. the section 43 (3) of the penalty. Article 29 (3) and Article 29 (3). 3, in the notice of residence in custody.

§ 19. The rules of the Arresthug shall specify in accordance with section 2 of which the inmates shall have access to the Community after sections 12 to 13 and section 17. There must be community access after either § 12 or § 17 at least two hours per day, and as far as possible. If the specific order and safety conditions are applied, the duration of community in the period of free time after § 12 or § 17 may be less than two hours.

20. Rules, as mentioned in section 18-19, are to be submitted to the Ministry of Justice, the Directorate of Correction, and shall appear on the house of the arresthug.

Paragraph 2. If the Arresthug leader in accordance with rules submitted to the Ministry of Justice, the Directorate of the Criminal Investigenation, cf. paragraph 1, establishing general restrictions on the access of the prisoners to Community, and these restrictions shall be maintained for more than three months, shall be subject to notification to the Directorate-General for the Arrean Authority. In the case of a situation referred to in paragraph 33 (a) (a) of the penalty of criminal law. However, the report shall, however, be carried out in accordance with the provisions of Article 33 (a) of the Pension. 5.

Chapter 5

Competence

§ 21. Decisions pursuant to this notice shall be taken where nothing else is indicated by the institution.

Paragraph 2. Where a decision is taken pursuant to Article 33 (a) of the Pension Act. 1 is not made by the institution ' s manager, shall be informed as soon as possible.

Chapter 6

Entry into force

§ 22. The announcement shall enter into force on 1. April 2012.

Paragraph 2. Publication no. 147 by 28. In February 2008, the ACU's access to a joint session with other inmates in the institutions of the Criminal Investigenation (Community Order Decision) is hereby repealed.

Justice Department, 26. March 2012

Morten Bødskov

/ William Rentzmann