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)

Read the untranslated law here: https://www.global-regulation.com/law/denmark/612619/bekendtgrelse-om-indsattes-adgang-til-fllesskab-m.v.-med-andre-indsatte-i-kriminalforsorgens-institutioner-%2528fllesskabsbekendtgrelsen%2529.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
Overview (table of contents)



Chapter 1



Common rules





Chapter 2



Indelåsning of inmates in certain period of time of day





Chapter 3



Locking at the prisoner's absence from a private living room





Chapter 4



Specific rules concerning community in arrest houses (the Copenhagen Prisons)





Chapter 5



Competence





Chapter 6



Date of entry into force of



The full text of the Executive order on prisoner's access to the community, etc. with other inmates in prison institutions (community notice)

Under section 33, paragraph 6, section 33 (a), (6) and section 105, paragraph 2, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 1162 of 5. October 2010 and section 776, 1. paragraph, of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1063 of 17. November 2011, lays down common rules: Chapter 1 section 1. Inmates have access to communion with other inmates after penalty enforcement § 33.

(2). Punishment Enforcement Act § 33, section 33 (a) and this Ordinance shall apply mutatis mutandis for pre-trial custody, who have not been isolated pursuant to the code of civil procedure.

§ 2. Prison or arrest the House Leader determines, taking into account the characteristics of each institution, rules on the implementation of the prisoner's access to fellowship with other inmates. Who can lay down rules about including locking of rest rooms, offices and communal areas, work and classrooms, etc., as well as on access to visits, correspondence and telephone conversations between inmates in the institution.

Cell community in special wards and arrest houses after penalty enforcement section 33 (2)



§ 3. The Ministry of Justice, Directorate-General for prison and probation service may decide that the community in a prison Department or a County gaol, which is designated for stowage of inmates, whose presence creates a particular risk for assault on fellow inmates, staff or others in the institution, implemented as cell community with another inmate in his own living room, see. criminal enforcement section 33, paragraph 2.

(2). The institution's head or the entitled thereto, shall take a decision on which inmates who may have cell community together. It is a prerequisite that the inmates want to have cell community with each other.

(3). There must be access to cell community in leisure time at least two hours daily and, as far as possible, more.

(4). The institution's head or the entitled thereto, shall take the determination of whether an inmate can get permission to be employed in conjunction with another inmate in the cell.

(5). The institution's head or the entitled thereto, shall take the determination of whether an inmate can run gårdtur along with another inmate.

(6). Staff must constantly be aware of the individual prisoner's condition and shall immediately notify the institution's leader, if there is suspicion that the inmates suffer psychological harm by staying at the Department.

Temporary restriction or revocation of the community in extraordinary situations after penalty enforcement section 33 (a)



§ 4. By a decision after penalty enforcement section 33 (a), paragraph 1, must be by definition of the scale must be a consideration of the purpose of the infringement and the discomfort that is likely to cause interference. Corresponding applies when a decision on the maintenance of the measure.

(2). The institution must consider whether a daily measure after penalty enforcement section 33 (a) of paragraph 1 may be abrogated or restricted, see. criminal enforcement section 33 (a), paragraph 4. The institution should in this respect as far as possible, to initiate action with a view to ensuring that relations be normalized as soon as possible.

(3). The institution should evaluate daily whether there are inmates who should be removed from the measure, URf.eks. by transfer to another institution, without prejudice. criminal enforcement section 33 (a), paragraph 4.

(4). The institution shall as soon as possible to inform the Ministry of Justice, Directorate of Probation, on a decision after penalty enforcement section 33 (a), paragraph 1, and shall inform the Directorate-General on a daily basis, so long as the decision is maintained, without prejudice. criminal enforcement section 33 (a), paragraph 5.

(5). If a complete lifting of the community completely exceptional circumstances have a duration of more than 14 days, the provisions of article 6, paragraphs 1, 2 and 3. paragraph (2) and (3), no. 1, of the Ordinance on the exclusion from the community apply mutatis mutandis. The inmates must be instructed about the rights and special deals afforded them by the said provisions.

(6). If the situation does not allow that the detainees be given access to the work area, the inmates, as far as possible, be offered cell work.

Inmates placed on particularly secured sections



§ 5. If an inmate without being excluded from the community after the punishment Enforcement Act section 63 is placed on a special secured section, and it is not possible to set up jointly between the question and other inmates, see §§ 6-8 and section 10 of the Ordinance on the exclusion from the community apply mutatis mutandis.

Chapter 2 Indelåsning of inmates in certain period of the day section 6. In closed prisons can lock the prisoner's own living room by the institution during the period between 16:00. 21:00 and 23:00. 08.00. the provisions in paragraph 2. In arrest houses (the Copenhagen Prisons), the institution can lock the prisoner's own living room 24 hours a day, without prejudice. However, §§ 11-20.

(3). In closed prisons and arrest houses can inmates due to illness may not be engaged in an activity approved by the institution, locked inside their own living rooms or at another designated place of residence during working hours.

(4). Paragraph 3 shall apply mutatis mutandis where an inmate in a short period of time are not authorised in employment, while it considered which of the jobs concerned must be associated with the institution.

§ 7. In open prisons can lock the prisoner's own living room between the hours of the institution. 21:00 and 23:00. 08:00, if the basis of the code of conduct and safety conditions in the individual institution are appropriate and defensible.

(2). If an open jail establishes a system of indelåsning in accordance with paragraph 1, shall give notification to the Ministry of Justice, prison Directorate of Probation.

(3). In open prisons can inmates due to illness may not be engaged in an activity approved by the institution, locked inside their own living rooms or at another designated place of residence during working hours.

(4). Paragraph 3 shall apply mutatis mutandis where an inmate in a short period of time are not authorised in employment, while it considered which of the jobs concerned must be associated with the institution.

Chapter 3 Locking at the prisoner's absence from a private living room section 8. Inmates in arrest houses (the Copenhagen Prisons) can by the absence from their own accommodations require this locked by the institution's measure.

(2). Other inmates have access to communion with other inmates, should, to the extent practicable, have access to mailboxes which own rest room.

(3). The institution must in all cases have the opportunity to gain access to the locked living room.

§ 9. The institution must be locked when the prisoner's own living room, if the inmate is absent due to exclusion from community, placing in interrogation, punishment or security cell, or if it is necessary in connection with an investigation of the living area or in connection with the use of force. The institution can also be locked when the prisoner's own living room, if in other special cases are required by code of conduct-or safety considerations.

§ 10. In cells with more than an inmate must interlock pursuant to section 8, paragraph 1, and section 9 only happen if all inmates have left the cell.

Chapter 4 special provisions on community in arrest houses (the Copenhagen Prisons) community in fællesskabsrum, etc.



§ 11. To the extent that there are structural opportunities for doing so, to arrest the House organize fællesskabsrum, etc., where inmates can have fellowship.

§ 12. If under arrest House is established fællesskabsrum or established option for recreational activities in the hallways and the like, may be inmates get access to it in their spare time to the extent taking into account the characteristics of each institution is estimated order and security properly.

§ 13. If under arrest House established common room, where inmates employed by work or teaching, inmates get access to them to the extent taking into account the characteristics of each institution is estimated order and security properly.

§ 14. Arrest the House must, in so far as, taking account of the characteristics of each institution is possible, organise extra-curricular activities, in which several inmates have the opportunity to participate in the community.

§ 15. Community in accordance with §§ 12-14 should be done under the supervision or possibly the presence of staff, to the extent that the order or safety, including the risk of assaulting fellow inmates, so dictate.

(2). Gårdtur after the punishment Enforcement Act section 43, paragraph 3, and article 29, paragraph 3, of the Ordinance on stay in custody to be held in the presence of staff.

§ 16. An inmate is given permission to advance community after §§ 12-14, staff assess whether this taking account of conditions in the institution's code of conduct and security properly.

Cell community




§ 17. If the inmates do not have jointly under section 12, the inmates have access to cell community (controlled jointly with another inmate in his own living room) in the spare time. It is a premise that there is a medindsat who want cell community with the question. If it is available-order-and security properly, the cell community between more than two inmates be allowed on an exceptional basis.

(2). Cell shared between two or more specified inserted after paragraph 1 requires permission from the staff.

(3). An inmate can only be excluded from the cell community, if the conditions in either penalty enforcement § 63 on the exclusion from the community are met, or the inmates have jointly under section 12.

Local guidelines



§ 18. Arrest the House Leader determines, taking into account the characteristics of each institution guidelines for how many inmates there at a time may participate jointly in accordance with §§ 12-14 and gårdtur, see. Punishment Enforcement Act section 43, paragraph 3, and article 29, paragraph 3, of the Ordinance on stay in custody.

§ 19. The rules, which arrest the House Leader determines under section 2 shall contain provisions concerning the period during which the inmates have access to the community in accordance with §§ 12-13 and section 17. There must be access to the community in their spare time after either section 12 or section 17 at least two hours daily and, as far as possible, more. If very specific order and safety conditions are applicable, the duration of the community in their spare time under section 12 or section 17 be less than two hours.

§ 20. Rules, as mentioned in paragraphs 18-19, must be submitted to the Ministry of Justice, Directorate-General for prison and probation service, and appear from arrest House House rules.

(2). If the arrest of house leader pursuant to rules which are submitted to the Ministry of Justice, Directorate of Probation, see. paragraph 1 lays down the General restrictions of the prisoner's access to the community, and these limitations be maintained in more than 3 months must arrest the House give its reporting to the Directorate-General on the subject. In the case of a situation as referred to in section 33 (a) of the law enforcement penalty, paragraph 1, must be done after reporting penalty enforcement section 33 (a), paragraph 5.

Chapter 5 Competence § 21. Decisions under this Ordinance shall be taken, where nothing else is mentioned, of the institution.

(2). If a decision after penalty enforcement section 33 (a), paragraph 1, has been taken by the institution's leader, the latter shall be notified as soon as possible.

Chapter 6 coming into force of section 22. The notice shall enter into force on the 1. April 2012.

(2). Executive Order No. 147 of 28. February 2008 on the detainee's access to fellowship with other inmates in prison institutions (community notice) is repealed.

The Ministry of Justice, the 26. March 2012 Morten Bødskov/William Rentzmann

Related Laws