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Executive Order On The Treatment Of 15-17 Year Olds Who Are Placed In Prison Institutions

Original Language Title: Bekendtgørelse om behandlingen af 15-17 årige, der anbringes i kriminalforsorgens institutioner

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Table of Contents
Chapter 1 Launchure arrest
Chapter 2 Persons who are sentenced to prison or detention
Chapter 3 Common provisions
Chapter 4 Asylum seekers

Publication of 15-17 years of age placed in the institutions of the Criminal Investigation

In accordance with section 30, section 33 (3). 6, section 50, section 78, item. 5, section 80, paragraph. 2, section 89, paragraph. Article 105 (2) 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

Launchure arrest

§ 1. 15 or 17-year-old remand arrears may not be placed in protective custody, placed on the basis of the house of origin (Copenhagen prisons) as far as possible in the vicinal where the person concerned has his domicile or other personal affiliation.

Paragraph 2. This must be taken in the individual case based on the information available, including the composition of the institution and the possibilities of initiating special treatment programmes, cf. Section 13 is considered whether location should take place in another arresthus.

Paragraph 3. Rule of paragraph (1) Paragraph 1 shall apply mutatis muted to young people to whom the arrest has been retained in accordance with the section 760 (5) of the Legal Party (s). 4.

Paragraph 4. Transfer in accordance with the section 777 of the legal spender section 777 may be made to the open prison, cf. Section 6, State Prison in Ringe, the Listable at Herstedvester, or to the hospital, etc., cf. Penal code § 68 and § 69.

Paragraph 5. The question of transfer by paragraph shall be : 4 shall be submitted to the Ministry of Justice, the Executive Board of the Department of Corrects.

§ 2. In each institution, the 15-17 year olds are placed in a specific assessment of the department in which the concern to protect young people from adverse effects from co-detainees is best safetainted.

Paragraph 2. Fifteen-17-year-olds must not be allowed without approval from the Ministry of Justice, the Directorate of Corrections, to share the residency room with prisoners over 17 years.

Paragraph 3. The staff of the institution must constantly consider whether there are detainees, which the 15-17 year old can have a community with.

Paragraph 4. When a Community staff is allowed to be present, the staff shall pay special attention to the fact that the 15-17 year olds are not exposed to adverse effects.

Paragraph 5. 15-17 years of age can be authorised jointly with inmates over 17 years without the presence of the staff, if it is in accordance with the bowels of the young, and a specific assessment is not considered to be at risk of exposure to the young victims ; influence.

Paragraph 6. When Community is authorized in accordance with paragraph 1 In the case of 5, note shall be made of who is permitted (name), at which time and when the authorisation has been discharged (date). The reason why the Community is deemed to be in conformity with the bowel of the young must also be stated.

§ 3. If there is no possibility of allowing the 15-17-year-old community, the matter must be submitted to the institution's leader, who will have to consider the possibility of transferring the young to an institution where there is a possibility of Community action. If there is no possibility of such transfer, the case shall be submitted to the Ministry of Justice, the Directorate of Correction.

Chapter 2

Persons who are sentenced to prison or detention

§ 4. When a 15-17-year-old is sentenced to imprisonment or detention, notification shall be made to the Ministry of Justice, the Directorate of the Criminal Investigation, which shall take a decision on place of application, cf. Section 2 (2). 2, in the Commencement notice.

§ 5. 15-17-year-olds shall be placed in prison sentences, placed in the Pensions of the Criminal Investigate, or in an institution, etc. outside the Department of Corrections, unless the law of law enforcement speaks against the placing outside of prison or arresthus, in accordance with the case of the law enforcement. Section 78 (5) of the penalty of criminal law. 2.

§ 6. Arrangeing in open prison must be based on the State Prison in JyderUU.. However, this approach may be deviated from a practical assessment of the considerations referred to in section 23 of the Pension Act, in particular where it is estimated that the place of origin is best situated near the registered office of the sentenced.

§ 7. Arrangements in the enclosed institution shall be carried out in the State Penitentiary in Rings, the Listable at Herstedvester or in the house of arresis (Copenhagen Prison).

§ 8. Transfer during the impunity may be done between the institutions referred to in section 6 to 7, in accordance with the rules of section 24 to 29 and applications and transfer notice.

§ 9. In the case of sentenced 15 to 17 (1) year (s) placed in the house of origin (Copenhagen Prison) or the State of the Herstedvester, section 2-3 shall apply mutatis mutilation.

§ 10. The 15-17 year old is not in the State Prison in Jyderup, cf. § 6, 1. in the case of a specific assessment of a department in which the other inmates are in accordance with the bowel of the person concerned and the interests of protecting young from adverse effects are best safekeeping.

Paragraph 2. The notation of the division of the department and of the considerations that underlies the elections must be made out.

Paragraph 3. The institution is obliged to supervise special supervision of the 15-17 years and, in particular, to the fact that the persons concerned are not subjected to adverse effects from inmates.

Paragraph 4. The institution must be at least every 14. debate the nature of the work and assess whether there is a basis for making changes in the area of the placing on the record and execution of the execution of the criminal offence.

Paragraph 5. Fifteen-17-year-olds must not be allowed without approval from the Ministry of Justice, the Directorate of Corrections, to share the residency room with prisoners over 17 years.

§ 11. Where the institution considers it appropriate that a 15-17 year old is granted free or secondment duty than in accordance with the rules laid down in Chapters 10 and 11 of the Transition Order, the institution shall submit a recommendation to that effect on : The Ministry of Justice, the Directorate of the Criminal InvestiDepartment, cf. the publication of the notice, section 10.

§ 12. The institution must consider whether inmates under the age of 18 at the time of the crime may be released on the test of Article 38 (5) of the Penal Code. The office of the Ministry of Justice shall be submitted to the Ministry of Justice, the Ministry of Corrections, unless the institution finds the release in accordance with this provision clearly inadvisable.

Chapter 3

Common provisions

§ 13. Institutions receiving a 15-17 year-aged person holding or sentenced shall be subject to the earliest possible motivation and the overall preconditions of the young person concerned to establish a special treatment programme, such as in the form of subtrainers ; or activation quotation for the person concerned.

Paragraph 2. The application for cover of any additional expenditure on the implementation of the notification and treatment programmes shall be submitted to the Ministry of Justice, the Directorate of the Criminal Investigation.

§ 14. 15-17-year olds shall have access to physical education or training at least 2 hours a day, of which at least one hour must be in free air, unless this will be incompatible with the institution ' s protection of the security or inmate ; placed in the security cell on the basis of section 66 of the sentence of the Enforcement Act.

§ 15. Section 2-3 shall apply mutatis mutilated when a 15-17 year old is placed in or transferred to the Anstalten at the Herstedvester or Vestre Hospital, because such placement or transfer after the medical information should be carried out, cf. Article 21 (1) of the sentence of criminal law. 3, no. 4, section 22, paragraph. 5, no. 2, section 25, paragraph. 4, no. 2, section 26, no. 3, section 27, paragraph. 2, no. Paragraph 3, or Article 28 (3). 1, no. 4.

§ 16. Cases in accordance with section 1 (1). 4, and section 4-7 must be promoted as far as possible.

Chapter 4

Asylum seekers

§ 17. The rules of this notice shall not apply in the institutions of the Criminal Investigation of the institutions of deprivation of asylum seekers.

Entry into force

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

Paragraph 2. Publication no. 792 of 25. In June 2010, the treatment of 14-17 years of age, placed in the institutions of the criminal institution, is repealed at the same time.

Ministry of Justice, the 131. March 2012

Morten Bødskov

/ William Rentzmann