Order On Access To Prisoners Undergo, Imprisonment Or Detention In The Prison Institutions (Starting Order)

Original Language Title: Bekendtgørelse om udgang til indsatte, der udstår fængselsstraf eller forvaring i kriminalforsorgens institutioner (udgangsbekendtgørelsen)

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Overview (table of contents)

Title I

Common rules


Chapter 1

Introductory provisions


Chapter 2

competence


Chapter 3

Conditions for the starting


Chapter 4

Consultation etc.


Chapter 5

Withdrawal of opportunity starting in default without legitimate reason for summons for detention, exit quarantine and orders of disciplinary


Chapter 6

Special procedural rules


Chapter 7

Output Evidence and remuneration etc.


Section II

Output Forms


Chapter 8

Output for special purposes


Chapter 9

Output for the purpose of visits to specific people, etc.


Chapter 10

clearance


Chapter 11

Posting to pension etc.


Chapter 12

Posting to own residence with tagging


Chapter 13

Excursions etc.


Section III

Concluding remarks


Chapter 14

Commencement


The full text
Order on access to prisoners undergo, imprisonment or detention in the Prison Institutions (starting order)
Pursuant to § 42 paragraph. 4, § 50, § 67, no. 7, § 78d paragraph. 3, § 89 paragraph. 2, § 105, paragraph. 2 and § 111 paragraph. 4 of the Execution of Punishment Act, cf.. Legislative Decree no. 435 of 15 May 2012 as:

Title I

Common rules

Chapter 1

Introductory provisions

§ 1. Prisoners who undergo, imprisonment or detention, can output under the rules of the Sentence Enforcement Act §§ 46-49 and rules of this Order.

§ 2. Apart from the factors listed in the Penal Enforcement Act § 46 paragraph. 2, it must assess the likelihood of abuse of output authorization of special concern, if the prisoner

1) within the last 3 years have been released after ordinary least two prison sentences, and now undergo, imprisonment for conditions in whole or in part within 6 months after the last release,

2) dependent on narcotics,

3) have taken drugs during imprisonment, or

4) must be deported on release from prison.

PCS. 2. If the prisoners should be deported on release, it should be in addition to the usual assessment of the danger of abuse considered whether there appears to be a risk that the inmate will abuse end to escape further punishment protruding sins by leaving the country or to evade execution of the expulsion order.

§ 3. In special circumstances, the head of the institution or the person authorized to do so with police consent provide a remand prisoner who under the Judicial Code § 777 is placed in an institution for people who undergo, imprisonment or detention curfew with companion for a shorter period of time under. ZPO § 771, paragraph. 2.

PCS. 2. detainee may not, without court approval to leave the institution beyond what is referred to in paragraph. 1, see. ZPO § 777, the fourth section. Questions in this regard submitted by the police to the court hearing the criminal case.

Chapter 2

Competence

§ 4. In the open prisons can head teacher or the person authorized to do so, allowing output from the provisions of Title II of the inmates who undergo, imprisonment for up to 8 years. Decision on output after Chapter 12 to own home with electronic tagging taken, however, the Ministry of Justice, the Prison and Probation Service, on the recommendation of the institution.

PCS. 2. For inmates who undergo, imprisonment for 8 years or more, or custody, the question about the output of the Ministry of Justice, the Prison and Probation Service. The decision is made on the recommendation of the institution. Head of the institution or the person authorized to do so, may allow output with escorts in the cases mentioned in § 31. The Ministry of Justice, the Prison and Probation Service, may authorize the head of the institution or the person of the institution leader authorized to do so, to allow output in pursuant to § 78


PCS. 3. Ministry of Justice, the Prison and Probation Service, may authorize the head of the institution or the person of the institution leader authorized to do so, to decide on output unaccompanied in the cases mentioned in § 31

PCS. 4. Have an inmate referred to in paragraph. 2 permitting scheduled unaccompanied output, the head of the institution or the person authorized to do so, allow

1) share of the output of the 3 outputs of up to 12 hours, or 2 outputs of up respectively 12 hours and 24 hours duration under. § 39 paragraph. 1

2) savings and aggregation of up to 4 outputs, see. § 38 paragraph. 4 and

3) advancement of the output to be held in the previous period, see. § 38 paragraph. 2, 2nd sentence.

§ 5. In the closed prisons can head teacher or the person authorized to do so, allowing output from the provisions of Title II of inmates undergo, imprisonment for up to 8 years. The institution's director can not authorize other than his deputy to take a decision according to § 37 paragraph. 2, first sentence., On bringing forward the date for the first unaccompanied access to prisoners undergo, imprisonment of 5 years and up to 8 years, cf. § 37 paragraph. 1, 2nd sentence. Decision on output after Chapter 12 to own home with electronic tagging taken by the Ministry of Justice, the Prison and Probation Service, on the recommendation of the institution.

PCS. 2. For inmates who undergo, imprisonment for 8 years or more, or custody, the question about the output of the Ministry of Justice, the Prison and Probation Service. The decision is made on the recommendation of the institution. Head of the institution or the person authorized to do so, may allow output with escorts in the cases mentioned in § 31 paragraph. 1.

PCS. 3. Ministry of Justice, the Prison and Probation Service, may authorize the head teacher to decide on output according to § 31 beyond what is referred to in paragraph. 2, 3. section. Head of the institution may not delegate such powers to other than his deputy.

PCS. 4. Have an inmate referred to in paragraph. 2 permitting scheduled unaccompanied output, the head of the institution or the person authorized to do so, allow

1) share of output for up to 3 outputs of up to 12 hours, or for up to 2 outputs of up respectively 12 hours and 24 hours duration under. § 39 paragraph. 2

2) savings and aggregation of up to 4 outputs, see. § 38 paragraph. 4 and

3) advancement of the output to be held in the previous period, see. § 38 paragraph. 2, 2nd sentence.

§ 6. In the detention centers (Copenhagen Prisons) to the head teacher or the person authorized to do so, allowing output from the provisions of Title II of inmates undergo, imprisonment for up to 8 years. The institution's director can not authorize other than his deputy to take a decision according to § 37 paragraph. 2, first sentence., On bringing forward the date for the first unaccompanied access to prisoners undergo, imprisonment of 5 years and up to 8 years, cf. § 37 paragraph. 1, 2nd sentence. Decision on output after Chapter 12 to own home with electronic tagging taken by the Ministry of Justice, the Prison and Probation Service, on the recommendation of the institution.

PCS. 2. Is the choice of serving institution decided to execute the sentence in a closed prison, the determination of output in accordance with Chapter 9-12 after prior discussion with the prison.

PCS. 3. For inmates who undergo, imprisonment for 8 years or more, or custody, the question about the output of the Ministry of Justice, the Prison and Probation Service. The decision is made on the recommendation of the prison (Copenhagen Prisons). Head of the institution or the person authorized to do so, may allow output with escorts in the cases mentioned in § 31 paragraph. 1.

PCS. 4. The Ministry of Justice, the Prison and Probation Service may authorize the head teacher to decide on output according to § 31 beyond what is referred to in paragraph. 3, 3rd clause. Head of the institution may not delegate such powers to other than his deputy.

PCS. 5. Have an inmate referred to in paragraph. 3 authorized regular unaccompanied output, the head of the institution or the person authorized to do so, allow

1) share of output for up to 3 outputs of up to 12 hours, or for up to 2 outputs of up respectively 12 hours and 24 hours duration under. § 39 paragraph. 2

2) savings and aggregation of up to 4 outputs, see. § 38 paragraph. 4 and

3) advancement of the output to be held in the previous period, see. § 38 paragraph. 2, 2nd sentence.


§ 7. In cases covered by §§ 15-16 of consultation, etc. of the police director that handled the criminal case, the question about the output of the Ministry of Justice, the Prison and Probation Service if the institution considers that there should be allowed to exit , although this is not recommended by the police commissioner.

§ 8. For inmates whose criminal case is treated abroad, the question for permission to exit in all cases of the Ministry of Justice, the Prison and Probation Service, unless the prisoner has been released between the conviction and the inauguration of the institution, or there is a exit, then pursuant to § 15 paragraph. 2, no. 2-4, should be no hearing.

PCS. 2. Decision concerning the posting of inmates covered by the Penal Enforcement Act § 22 paragraph. 3, or the sentencing Act § 25 paragraph. 1, no. 4, referred persons are taken in all cases of the Ministry of Justice, the Prison and Probation Service.

§ 9. For foreign prisoners to be deported, the question for permission to exit in all cases of the Ministry of Justice, the Prison and Probation Service.

§ 10. The Ministry of Justice, the Prison and Probation Service may

1) in specific cases allow output beyond what is stated in section II, if special circumstances, and

2) allow other starting forms than mentioned in section II of inmates in an institution or a department in an institution whose special circumstances and if it is otherwise in accordance with the Penal Enforcement Act § 46 paragraph. 1 pt. 1

Chapter 3

Conditions for output

§ 11. In addition to the conditions listed in the Penal Enforcement Act § 48 paragraph. 1, conditional permission to the output of the prisoner

1) do not use end in a manner that is clearly prejudicial to law enforcement and objective, in the end,

2) follow the established itinerary and do not change residence without prior permission,

3) immediately give the institution a phone call, possibly through the nearest police authority if illness or other compelling reasons precluding timely return, or if otherwise, difficulties and

4) on return does not appear intoxicated.

§ 12. In addition to the conditions listed in the Penal Enforcement Act § 48 paragraph. 2, may be set other conditions as may be appropriate to avoid abuses, including the prisoner

1) do not enjoy alcohol throughout the end or immediately before and during the journey,

2) on return helps a breath,

3) deliver urine sample before and / or after the end, or

4) do not take up residence elsewhere than at the end of the address.

PCS. 2. Where gravity of the offense and the nature and interests of the injured justify it, must lay down terms that inmates are not allowed to visit certain places or contact with certain people. Establishment of such a term can be omitted if overriding reasons for not doing so.

PCS. 3. At the end of a longer duration, given that the transition to later release, it will often be appropriate to lay down terms under the same guidelines as for parole.

PCS. 4. Notwithstanding that there are no fixed terms of breath or urine tests, the institution may decide that such a study must be made by inmates return if the circumstances of the individual case so warrant. The study, which also can be made by returning home, may also include recto-vaginal examination, see. Penal Enforcement Act § 60 paragraph. 2.

§ 13. In determining whether an output should be done with or without accompaniment, takes into account the purpose of the output and the risk of abuse.

PCS. 2. Starting from the open institution is given in general unaccompanied.

PCS. 3. Exit to inmates who are staying in a closed institution because of a special escaping, will generally only be allowed with an escort.

PCS. 4. Starting with escorts can generally only be given for one day.

§ 14. Output abroad can not be allowed unless exceptional circumstances warrant.

Chapter 4

Consultation etc.

§ 15. Prior to allowing for output, the institution must obtain a statement from the chief of police who has handled the criminal case as regards inmates


1) in the recent case or convicted of violent crimes, including arson or other general serious crime, severe violence or sexual violence, acquisitive crime associated with violence or threat of violence or otherwise offenses of aggravated or professional nature, || |
2) who is charged under the current bulging else committing the crime of not trivial nature of the escape, exit or absence from output

3) within the last 3 years during the recent or current outstanding presence during the escape, exit or absence from output has committed a crime that resulted in imprisonment or be expected to result in imprisonment or

4) within the last 3 years have been released after ordinary least 2 prison sentences and who now undergo, imprisonment for conditions in whole or in part within 6 months after the last release, or

5) where the police commissioner in connection with the notification of the Prison Service that the person must serve a prison sentence, etc., has stated that the question related to biker and gang environment.

PCS. 2. Consultation of the police commissioner should not be made with respect to in paragraph. 1, Nos. 1-4, said inmates

1) which have been released between the conviction and the inauguration of the institution,

2) in the open institution in terms of output according to § 31, which does not entail accommodation outside the institution,

3) in the closed institution in terms of output according to § 31 paragraph. 2, no. 4-6, which does not entail accommodation outside the institution,

4) in the open institution in terms of output in accordance with § 55, or

5) located on the treatment departments with regard to therapeutic escorted outputs for example. NA meetings.

PCS. 3. If consent is given to the output, the consultation on the future output of the same kind or another not happen unless there are substantial changes in circumstances.

§ 16. Notwithstanding the provisions of § 15 shall be carried out consultation with the police commissioner, if the circumstances of the individual case justify it, or if the police commissioner of the individual case requested.

PCS. 2. If the chief of police, that there should not be permitted to exit the provisions of Part 9 of the special period, because due to conviction for burglary is a risk of new burglary crime over the period, give the police commissioner a statement about this risk of abuse the point of notification by the probation service that the person must serve a prison sentence, etc. the particular period of time, where, because of convictions for burglary can be a risk of new burglary crime can be for example the Christmas period, winter, Easter and autumn holidays and part of the summer.

PCS. 3. Unless otherwise stated in the police statement, include the Christmas period period from 23 December to 3 January and the Easter holiday period from Saturday before Palm Sunday until 2 Easter Monday. Winter and autumn holidays include respectively weeks 7-8 and 42, and parts of the summer season includes July.

§ 17. Before submitting recommendation to the Ministry of Justice, the Prison and Probation Service for permission to access to foreign prisoners to be deported, or less, if the criminal case is treated in Denmark, obtained a statement from the chief of police who has handled the criminal case.

§ 18. Hearing of the Police Commissioner in writing. In urgent cases, the hearing by telephone.

PCS. 2. In open institutions should be consulted generally take place when the inmates stayed in the institution for 3 weeks, unless there are exceptional circumstances.

PCS. 3. If politidirektørens opinion can not be made within eight days, the institution should be informed accordingly, possibly by telephone.

§ 19. Prior to allowing for regular access to the prisoners who undergo, punishable by life imprisonment or undergo, custody, there must be consultation with the Attorney General that criminal proceedings belong. Such consultation should also happen if later given permission to exit that will lead to further easing in serving process.

PCS. 2. Consultation of the Attorney General shall as a rule in connection with the annual meeting of prosecutors and the Ministry of Justice, the Prison and Probation Service, but may be in writing if circumstances warrant it.

§ 20. For the purpose of assessing the question of permission to exit subject to consultation rule in § 19 paragraph. 1 to inmates who undergo, custody, obtained a statement from a specialist in psychiatry or the circumstances from licensed psychologist.


PCS. 2. For inmates who undergo, imprisonment obtain such a declaration, if circumstances so warrant.

§ 21. If an inmate to undergo, punishment for murder or severe violence or sexual violence against minors, the output should stay with people for whom staying minors, or in the end has contact with minor children must An opinion is obtained on conditions determination of the prisoner's municipality of residence (social services).

PCS. 2. There may also hear a statement referred to in paragraph. 1, if the institution considers that the circumstances of the case warrant.

Chapter 5

Withdrawal of opportunity starting in default without legitimate reason for summons for detention, exit quarantine and orders of disciplinary

§ 22. An inmate who, without legal justification failed to appear after summons for detention must for a period of 3 months from the inauguration deprived of the possibility to be granted permission to exit from the provisions of Chapter II. However, § 31 paragraph. 3.

PCS. 2. If permission output is rejected because of the danger of abuse under the Penal Enforcement Act § 46 paragraph. 1 pt. 2, it can be determined that the inmate for a period of up to 6 months are barred from charging a ruling on permission to exit (exit quarantine). The same applies if a permit to exit revoked pursuant to Penal Enforcement Act § 49, no. 1, due to abuse of the output, including if the inmates end has committed a criminal offense, or if a permit for starting revoked pursuant to Penal Enforcement Act § 49, no. 2, because new information about the prisoner's conditions give specific reasons to assume that the inmate will abuse the announced curfew. In connection with the transfer decision from the open prison to a closed prison or jail (Copenhagen Prisons) there may only be revocation of the license to the output.

PCS. 3. If the refusal of permission to exit or withdrawal of output is justified by the inmates during the current imprisonment has committed serious crimes against the time limit may be set at a maximum of 1 year.

PCS. 4. If permission to exit refused because of the danger of abuse, see. Penal Enforcement Act § 46 paragraph. 1 pt. 2, has a possible quarantine effect and is calculated from the time the institution taking the decision.

PCS. 5. Have an inmate permission to regular output, and revoked this permission because of evading accompanied end or no-show, see. Penal Enforcement Act § 49, no. 1, or due to escape from the institution, cf.. Penal Enforcement Act § 49, no. 2, has a possible quarantine effect and is calculated from strafudståelsens resumption. Restarting punishment serving of the measure before the expiry of an initial period during which the prisoner has settled output, calculated the length of quarantine, however, only from the starting period. In other abuses of, provided for. Penal Enforcement Act § 49, no. 1, or by new information other than avoidance, which gives certain reasons to assume that the inmate will abuse the starting authorization as defined. Sentence Enforcement Act § 49, no. 2 has any quarantine effect and is calculated from the time of the institution becomes aware of the relationship which justifies the withdrawal. Will the institution aware of the matter before the end of an initial period during which the prisoner has settled output, calculated the length of quarantine, however, only from the starting period.

PCS. 6. Have an inmate not authorized to regular output, but to individual outputs, and dodge or fail the inmate from a single output, see. Penal Enforcement Act § 49, 1, or evades the inmate from the institution referred. Penal Enforcement Act § 49, no. 2, fixed length of any suspension from the time the punishment protruding introduction resumed. In other abuses of, provided for. Penal Enforcement Act § 49, no. 1, or by new information other than avoidance, which gives certain reasons to assume that the inmate will abuse the starting authorization as defined. Sentence Enforcement Act § 49, no. 2 fixed length of any suspension from the time when the institution becomes aware of the relationship which justifies the withdrawal.

§ 23. An inmate may shall be liable to disciplinary action by

1) absence from the exit and escape from out accompanied or attempted see. Penal Enforcement Act § 67, no. 2,

2) violation of the conditions mentioned in the Penal Enforcement Act § 48 paragraph. 1, and the Order § 11 and


3) violation of the terms established under the Penal Enforcement Act § 48 paragraph. 2, and Order § 12, except § 12 paragraph. 1 pt. 2 and 3.

PCS. 2. If the infringement has given rise to other measures provided for Enforcement of Sentences, including withdrawal of permission to exit or transfer to a closed institution, can only shall be liable to disciplinary action to the extent that vital order and security demands it.

Chapter 6

Special procedural rules

§ 24. The institution must address the issue of access to visit specific persons into consideration, when a

1) inserted to undergo, fixed-term prison sentence in an open prison or suitable for placement in an open prison, but placed in prison (Copenhagen Prisons) by the Sentence Enforcement Act § 21 paragraph. 2, see. Order § 37 paragraph. 3, meet the timing requirements of § 36 paragraph. 1

2) inserted to undergo, temporal punishment of imprisonment for a closed prison or jail (Copenhagen Prisons) meet the timing requirements of § 37 paragraph. 1

3) inserted to undergo, punishment of life in prison, having served five years and four months of the sentence, and

4) custody convicted have been placed in custody for two years.

PCS. 2. The issue of access to visiting certain people should no sooner be reconsidered when the inmates have resided in the institution for 3 months if the prisoners are deprived of output in default without legitimate reason for summons for detention, see. § 22 paragraph. 1.

PCS. 3. If there has been refused access to visit specific individuals, the institution must take the matter reconsidered if at a later date must be assumed that the conditions for starting are fulfilled.

PCS. 4. It is also the institution to address the issue of access to visit specific individuals up for consideration when the inmates stayed in the institution for 6 months, since the issue was last considered the meaning. However, § 22, stk. 3.

§ 25. The institution shall without undue delay notify the inmate a decision authorizing the output. At the same time instructed the inmates at length about the decision significance, including the understanding of the terms and the effect of any breach under. §§ 11-12 and §§ 22-23.

PCS. 2. There must be a note on the reasons for the decision and the time in the first paragraph. 1, forward and guidance.

§ 26. Declines institution to allow output, appropriate note of the decision taken. The memorandum shall also contain a justification for the decision. The reason should be that of a justification in Public Administration § 24, name the

1) when the decision is announced to the inmates

2) that the inmates are informed of the reasons for the decision,

3) when the time limit for appeals to the Minister of Justice will expire pursuant. Penal Enforcement Act § 111 paragraph. 2, and

4) that the inmate is advised of the possibility of complaint to the Minister of Justice and the deadline for lodging a complaint.

PCS. 2. The prisoner shall upon request be provided with a copy of the memo, drawn up in accordance with paragraph. 1.

PCS. 3. When the institution pursuant to § 24 paragraph. 4, take the issue of access to visit specific individuals reconsidered, and still does not consider that the conditions for starting are met, the institution in cases where the Directorate pursuant to § 4, paragraph. 2, § 5, paragraph. 2, or § 6, paragraph. 3, decide on output, inform the inmate of the institution's approach to the issue. At the same time asked the inmates on the matter be submitted to the Directorate. If the inmate wishes, submitted to the Directorate. Before examining the output submitted to the Directorate, the inmates have the opportunity to comment.

§ 27. If an inmate files a complaint about a refusal by the end of the institution as soon as possible refer the matter to the Ministry of Justice, the Prison and Probation.

§ 28. Before taking a decision to withdraw the possibility of output in default without legitimate reason for summons for detention, in accordance. § 22 paragraph. 1, or revocation of a permit for starting or changing the terms of authorization as defined. Sentence Enforcement Act § 49, the inmates as necessary, be made aware of the information available. The inmates must also be informed of access to enlist and get access and have the opportunity to comment.


PCS. 2. The decision taken on the basis of the information available. Head of the institution or the person authorized to do so, decide whether the sake of clarification of the facts is required to obtain additional information or take evidence of staff or inmates. Are there interrogations, the interrogated have the opportunity to approve the minutes of his statement, and a statement of the minutes of the hearing, where approval is done.

PCS. 3. Interrogations must be witnessed by one of its employees.

PCS. 4. § 26 shall apply accordingly.

Chapter 7

Output Evidence and remuneration etc.

§ 29. For inmates who get output unaccompanied handed an output proof.

§ 30. If the conditions are met, provide under output by chapter 8-10 and 13 labor money as well as dietary and self-management amount under the provisions of the Employment Regulation.

Section II

Output Types

Chapter 8

Output for specific purposes

§ 31. Prisoners can get the output in order

1) to visit an allied person who is seriously ill,

2) to be present at an allied person's funeral

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

4) medical examination or treatment or other treatment that is not appropriate to take place in the institution.

PCS. 2. Prisoners who undergo, imprisonment for 30 days or more, you get output in order

1) to visit allied persons in important family events

2) any personal interests when special circumstances,

3) to enter into marriage

4) contact with the regulator in order to plan the details of the monitoring period,

5) obtaining residence and work or other subsistence in connection with the release, or

6) to make purchases, or the like that is required for the release.

PCS. 3. If special circumstances, the output is given, regardless of the decision on withdrawing the option for output in default without legitimate reason for summons for detention, in accordance. § 22 paragraph. 1, or in the case of refusal or revocation of a license to the starting decision on output quarantine, see. § 22 paragraph. 2.

PCS. 4. Output after paragraph. 2, Nos. 1-3, for inmates who are authorized regular output by the rules of Chapter 9 means that the output under these rules restricted accordingly. This does not apply if special circumstances.

PCS. 5. Output after paragraph. 2, no. 5, in connection with the release on probation with conditions of supervision should be subject to prior discussion with the regulator and in order that the inmates end in contact with the regulator.

PCS. 6. It is generally a prerequisite for starting that inmates provide adequate documentation of the circumstances justifying the end.

§ 32. The output can not be given for longer required for the purpose, and will not normally exceed 3 days out of travel time.

PCS. 2. In special circumstances, the output according to § 31 paragraph. 1 pt. 1 and 2 and paragraph. 2 pt. 2 and 5, for inmates who undergo, imprisonment for 60 days or more, provided for up to 8 days out of travel time. Output according to § 31 paragraph. 2, no. 5, can, under very special circumstances, be extended by a maximum of a further 6 days apart in the first section. said 8 days.

§ 33. If the institution finds that there is a need for output to a greater extent than those specified in §§ 31-32, the matter of Justice, the Prison and Probation Service.

§ 34. Expenses for travel and accommodation incurred by the inmates.

PCS. 2. Grants may be awarded for travel under rules set by the Ministry of Justice, the Prison and Probation Service.

Chapter 9

Output in order to visit certain individuals, etc.

Purpose etc.

§ 35. Inmates can get in order to visit certain allied people. Output in order to visit a loved one person should be denied if the visit is no expedient.

PCS. 2. If the exceptional circumstances of the particular case justify it, and generally deemed expedient, the inmates be allowed to visit with other specific people than allied.

PCS. 3. In connection with each output by paragraph. 1 and 2 obtained confirmation from him that the visit could take place.


PCS. 4. The institution can verify whether the inmate is present on the starting address, possibly telephone.

The timing of the first output

§ 36. Inmates in open institutions can get the first exit after 30 days of stay in the institution. Prisoners undergo, imprisonment for 2 years and 6 months or more and have not been released between the conviction and the inauguration of the institution, can not get out, before one-sixth of the Criminal time is served.

PCS. 2. There can be output before the prisoner has stayed 30 days in the institution if he is reinstated to endure presence of residual penalty. The same applies if the person is transferred from another institution that has authorized the regular output or referred the matter accordingly under the provisions of §§ 15-17 and the decision is before the 30-day deadline.

§ 37. Inmates in closed institutions can get first output when a quarter of the Criminal time is endured by timed prison sentence of 8 years or more, however, only when one third of the Criminal time is served. Prisoners in closed institutions undergo, imprisonment of 5 years and up to 8 years, can not get unaccompanied output before one third of the Criminal time is served. Is the punishment fixed-term imprisonment of eight years or more, the inmates do not get unaccompanied output before half of the Penal time is served. Notwithstanding the length of the sentence, it is also a condition for the output can be given that there is a period of 10 weeks from the inauguration, and that the person has stayed for 7 weeks in the institution. Prisoners transferred from open institution, must have stayed for 10 weeks in the institution before output can be given.

PCS. 2. The time limits referred to in paragraph. 1, 2 and 3.pkt., May be waived if there are special grounds for doing so. The time limits referred to in paragraph. 1, 4 and 5 points. May be waived in the cases mentioned in § 36 paragraph. 2. Is the transfer from other closed institution, the requirement of 7-week stay at the institution could be waived if the circumstances in the individual case so warrant. Is the transfer from the open institution, will those deadlines could be waived if the circumstances in the individual case so warrant.

PCS. 3. Prisoners who are suitable for placement in an open prison, but placed in prison (Copenhagen Prisons) by the Sentence Enforcement Act § 21 paragraph. 2, can get the output when the timing requirements of § 36 are met. In all other matters are dealt with these inmates under the rules on exit from closed institutions.

Regular output

§ 38. Permission can be granted to regular leave to visit certain persons laid. § 35 paragraph. 1 and 2.

PCS. 2. Prisoners can get one output within each 3-week period. An output can be brought forward to be held in the immediately preceding period in the cases mentioned in § 31 paragraph. 2, Nos. 1-3, or other similar cases.

PCS. 3. Output can be given from Friday. 16 to Sunday. 21. These dates may be restricted to operations of the institution, or if local transport options or considerations relating to the proliferation of departure and return times so warrant. Exceeds travel time 3 hours may be permitted departure so early that the inmate may be on the starting address about pm. 19. In case of delayed return of a few hours' duration can be determined that the duration of the delay is deducted from a subsequent output.

PCS. 4. There can be accumulated up to 4 outputs. An accumulated output used in the extension of an output has a duration of 48 hours. Saved outputs can be pooled and shared. Each output must at least be in the first paragraph. 3 The duration.

PCS. 5. Starting with the same maturity as referred to in paragraph. 3 can be given on other days if special circumstances so warrant. Finder departure place on a working day, the departure date brought forward against corresponding advance of the return date.

PCS. 6. In connection with the Christmas and / or New Year, an output may be extended, however, added to the more than 2 days.

§ 39. Instead of one output according to § 38 may be inmates in open institutions get 3 outputs of up to 12 hours or 2 outputs of up respectively 12 hours and 24 hours. Has the inmate had only one such outlet deferred period for output in accordance with § 38, by one week and two weeks.

PCS. 2. If special circumstances warrant it, the prisoners in closed institutions instead of one output according to § 38 get up to 3 outputs of up to 12 hours or up to 2 outputs of up respectively 12 hours and 24 hours. Has the inmate pursuant to § 31 paragraph. 4, used such an end, the provisions of subsections. 1, point 2., Mutatis mutandis.


Occasionally output

§ 40. For prisoners who have not been authorized regular output, there may occasionally be given in order to visit certain persons laid. § 35 paragraph. 1 and 2.

PCS. 2. If the inmate does not have specific people to visit, may be output in order to stay in their own homes or authorizing an individual excursion or the like, if special circumstances.

PCS. 3. Prisoners who have permission to regular output, instead of the output in order to visit certain people get output in order to stay in their own homes if special circumstances.

PCS. 4. The output is usually of short duration. The output of a duration as specified in § 38 paragraph. 3 can be granted if the circumstances in the individual case so warrant.

Output greater extent

§ 41. If the institution finds that there is a need for output to a greater extent than those specified in §§ 36-40, the matter of Justice, the Prison and Probation Service.

expenses

§ 42. Expenses for travel and accommodation incurred by the inmates.

PCS. 2. Grants may be awarded for travel under rules set by the Ministry of Justice, the Prison and Probation Service.

Inmates of the Faeroes

§ 43. Prisoners who are resident in the Faroe Islands and transferred from Faroe Islands to Denmark to ordinary imprisonment punishment for more than 6 months or custody, can collect and add up to six outputs for once half a year to visit certain people in the Faroe Islands, see. § 35, paragraph. 1 and 2, or visit the allied people from the Faroe Islands, which for this purpose are staying temporarily in Denmark.

PCS. 2. At the end of the Faroe Islands in accordance with paragraph. 1, the institution grants to cover traveling expenses in accordance with the according to § 42 paragraph. 2 rules. It may be accepted that the journey is by air, where there is only will be a relatively minor additional cost.

PCS. 3. If the paragraph. 1 said output used to visit allied persons Burj! From the Faroe Islands, after an individual assessment of the person's financial situation may receive a grant for their travel expenses. The grant will apply solely to be a sum equal to that which the institution will be able to hold to cover the inmate's travel costs to the Faroe Islands.

Chapter 10

Clearance

§ 44. Inmates who meet the temporal conditions for output in accordance with Chapter 9 can output in the form of clearance when it is expedient for the purpose of employment with an employer or participation in education, especially in cases where there is a need for a work training or teaching that are most appropriately provided outside the institution. The same applies where such frigangsordning also deemed expedient to bring about the transition to the release.

PCS. 2. Clearance may also be given if there is a particularly good job offers that would otherwise be wasted, or where, because of special circumstances will be essential for the person's rehabilitation.

PCS. 3. Idling can also be given to participation in organized, scheduled leisure activities if the inmate's participation is reasonably justified by education, work, medical, family or other personal reasons.

PCS. 4. If the institution considers that there is a need exceptionally to allow clearance for employment in own business, it will be for the Ministry of Justice, the Prison and Probation Service.

§ 45. Clearance for employment according to § 44 paragraph. 1, should normally happen in the latter part of the residence or up to a posting to their own homes with tagging, see. Chapter 12 and can not be given for more than 3 months, unless special circumstances, including the length of the sentence, makes further clearance is required and appropriate. If the institution finds that there is a need for clearance for inmates who undergo, imprisonment for less than 5 months or needed clearance for longer than 6 months, or in the case of clearance up to a posting to their own homes with leg irons, see. Chapter 12, the matter of Justice, the Prison and Probation Service. The same applies if the institution estimates that for inmates in open institutions or prisoners in closed institutions undergo, imprisonment for up to 5 years, the need for clearance before a third of the Criminal time is served.


PCS. 2. Clearance for attendance according to § 44 paragraph. 1, should be in as close connection to the release as possible or up to a posting to their own homes with tagging, see. Chapter 12, but may be granted for a period longer than specified in paragraph. 1. If the institution finds that there is a need for clearance for inmates who undergo, imprisonment for less than 5 months or needed clearance for longer than 1 year, or in the case of clearance up to a posting to their own homes with tagging, see. Chapter 12 shall be referred to the Ministry of Justice, the Prison and Probation Service. The same applies if the institution estimates that for inmates in open institutions or prisoners in closed institutions undergo, imprisonment for up to 5 years before one third of the Criminal time is served, is needed for clearance of more than 6 weeks.

PCS. 3. The clearance according to § 44 paragraph. 2, the provisions of subsections. 1 correspondingly. If the institution finds that there is a need for clearance for inmates who undergo, imprisonment for less than 5 months or needed clearance earlier than 3 months before release, or in the case of clearance up to a posting to their own homes with leg irons, see. Chapter 12, the matter of Justice, the Prison and Probation Service.

PCS. 4. Clearance for leisure activities according to § 44 paragraph. 3, should normally happen in the latter part of the residence time or up to a posting to their own homes with tagging, see. Chapter 12 and can not be given for more than 6 months and not more often than two times a week. If the institution finds that there is a need for clearance for inmates who undergo, imprisonment for less than 5 months or needed clearance of more than 6 months, or more often than 2 times a week, or in the case of clearance up to a posting to their own homes with tagging, see. Chapter 12 shall be referred to the Ministry of Justice, the Prison and Probation Service.

§ 46. Prisoners should spend leisure time in the institution or in the local prison (Copenhagen Prisons), which is closest to the work or training place etc.

PCS. 2. However, the head of the institution or the person of the institution leader authorized to do so, given the permission for occasional shorter outputs unaccompanied aimed at leisure to

1) participate in activities related to work or teaching

2) visit the close living relatives, if the punishment endured in prison, or

3) visit allied relatives on the way to or from work or education when exceptional circumstances.

§ 47. It is a condition of clearance that prisoners who related a gainful work outside the prison or local jail, comply with the Sentence Enforcement Act § 110 paragraph. 1, on payment for the stay in the institution.

PCS. 2. It is a condition of the clearance that after deduction of necessary expenses, including in paragraph. 1 shall be related to the clearance shall proceed as follows with the labor (net pay) earned during the play:

1) The inmates have access to freely dispose of 10% of wages, but at least an amount equivalent to the normal remuneration for employment in the institution and no more than twice.

2) The remainder of wages saved up for release. It can, however, possibly during the play, set as a condition that the amount is fully or partially be used to help with the family's subsistence.

PCS. 3. Inmates in open institutions can generally be free to dispose of the wages (net pay), see. Paragraph. 2, which is earned during the play. It can, however, possibly during the play, set as a condition that a portion of the amount totally or partially be used to help with the family's subsistence or for other similar purposes.

§ 48. Will be particularly stressful for the inmate to pay all expenses by attending courses, etc., and these can not be covered otherwise, they can be borne by the institution.

§ 49. It is a condition for clearance that

1) there is a contact on frigangsadressen,

2) checks carried out on the purpose followed and

3) authorization for clearance is not misused.

PCS. 2. § 35 paragraph. 4 shall apply mutatis mutandis.

Chapter 11

Posting to pension etc.

§ 50. Inmates who meet the temporal conditions for output in accordance with Chapter 9 can output in the form of posting in the cases mentioned in § 44 paragraph. 1, 2 and 4, the output for practical reasons can not be implemented as clearance, or if it is deemed expedient that the output implemented as posting.


PCS. 2. If deemed appropriate, may require other conditions than those specified in §§ 11-12, including the inmates gives the same rules that apply to the output from the open prison, so that the decision to source a greater extent than what consequences of posting shall be taken by the institution where the inmates are posted from. Failing posting to one of Probation pensions, the pension superintendent or the person of pension superintendent authorized to do so, allow output in the Chapter 8 and 13 above situations.

§ 51. Posting must normally take place in the latter part of the residence time or up to a posting to their own homes with tagging, see. Chapter 12. Posting can be given for up to 4 weeks or when special circumstances, up to 3 months. If the inmate is not 21 years of age on admission may be given posting of longer duration in very special circumstances so warrant. Posting to participate in a reintegration program, for example. course in cognitive skills training may be granted for up to 4 months. Inmates in open prisons, as a therapy department in a prison has undergone treatment against abuse could be posted for up to 1 year to maintain the treatment effect.

PCS. 2. If the institution considers that there is a need for posting of inmates undergo, imprisonment for less than five months, the need for posting of longer duration than that specified in paragraph 1, including to in paragraph. 1, 3rd clause., Group of persons mentioned, or the need for posting before a third of the punishment, the matter of Justice, the Prison and Probation Service. The same applies to the posting, is going up for posting to own home with tagging.

§ 52. Will the inmate labor during the transfer determines the institution's leader or the person of the institution leader authorized to do so, the payment must be made freely available, or whether it should be given as a condition for the posting that the wage is administered by the institution, possibly so to pay entirely or partly used to help with the family's subsistence.

PCS. 2. Failing posting to one of Probation pensions, decided in paragraph. 1 shall issue, however, of the pension superintendent or the person of pension superintendent authorized to do so.

§ 53. § 48 shall apply accordingly.

§ 54. During the deployment, the inmates subject to the rules governing the institution. However, § 50 paragraph. 2.

PCS. 2. § 35 paragraph. 4 shall apply mutatis mutandis.

Chapter 12

Posting to own residence with tagging

Placing basis

§ 55. Inmates who meet the temporal conditions for output in accordance with Chapter 9, can get output in terms of posting to their own homes with leg irons when deemed expedient in the interest of the inmate family relationships, serving the sentence or rehabilitation. Prisoners undergo, punishment of less than one year in prison, however, can only in very exceptional posted to their own homes with tagging.

PCS. 2. Posting to own residence with tagging can generally be administered at once one third of the Criminal time is served, and can be given in a maximum period of six months up to the time of release, possibly following a posting for Chapter 11

§ 56. In addition to the in § 55 second case, a prisoner allowed for posting to their own homes with leg irons in the cases mentioned in § 44 paragraph. 1, 2 and 4, if the relevant geographical reasons, can not complete the clearance because it is not possible to spend free time in an institution close to work or training place, see. § 46.

PCS. 2. Posting following paragraph. 1 follows the temporal conditions for clearance, and can be given in a maximum period of six months up to the time of release.

Competence and procedural rules

§ 57. The Ministry of Justice, the Prison and Probation Service, acting on posting authorization to their own homes with tagging. The decision is made on the recommendation of the prison or local prison where the inmate is placed. The institution shall seek to use for setting an opinion and assessing the prisoner's suitability from the department of corrections (GSA), which during the secondment shall supervise and control the inmates.

§ 58. The prison or jail from which the inmate detachment, otherwise perform the tasks arising from punishment serving of the measure, unless otherwise provided by this Order.

Special conditions


§ 59. In addition to the conditions listed in the Penal Enforcement Act § 46, must be met, the posting authorization to their own homes with tagging granted only if the inmate housing is of such a nature that posting tagging to proceed, as . Penal enforcement Act § 78b paragraph. 1 pt. 1

PCS. 2. It is a condition of consent that individuals who share the same residence as the inmates, which is over 18 years, shall consent to the punishment can be endured at the family residence, see. Penal Enforcement Act § 78b paragraph. 1 pt. 3

PCS. 3. Permission for posting to their own homes with tagging may not be granted if this posting form as a result of the prisoners have not been found adequate, see. Penal Enforcement Act § 78b paragraph. 2.

PCS. 4. For the purpose of determining whether the inmates qualify for secondment to their own homes with leg irons, made a detailed assessment and examination of the prisoner's circumstances, including their housing conditions, employment conditions and physical and mental condition, see. Penal Enforcement Act § 78b PCS. 4.

PCS. 5. If the inmate does not contribute to in paragraph. 4 mentioned study, posting authorization to their own homes with tagging is not communicated.

§ 60. Posting to own residence with tagging requires that secured the inmate suitable work or other maintenance and that the inmate declares to comply with the conditions set for the posting.

Terms

§ 61. In addition to the conditions laid down by the Sentence Enforcement Act § 48 and Chapter 3 of this Order, shall be determined by the posting authorization to their own homes with tagging conditions in accordance with the Penal Enforcement Act § 78c paragraph. 1, no. 2-3 and 6-8. In addition stipulate that the inmates do not consume drugs or other substances that are prohibited under the general law.

PCS. 2. There shall also be laid down on either that

1) the prisoner must not consume alcohol or

2) the inmate may not appear affected by alcohol.

PCS. 3. If the inmate to be employed outside his residence must be established conditions that the prisoners are not wholly or partially absent from his work, education electricity. etc., see. Penal Enforcement Act § 78c paragraph. 1 pt. 5

§ 62. The Ministry of Justice, the Prison and Probation Service, shall provide that the periods during which the prisoner may leave his residence. The Directorate may determine that the inmate

1) must leave the residence to the same extent as prisoners who undergo, penalty of residence by the Sentence Enforcement Act Chapter 13 a, or

2) must leave the residence in period to be determined specifically in connection with the individual license, except that the inmates must at least stay in the residence from Monday to Friday in the period from 23 o'clock to o'clock 07.

§ 63. Before the deployment begins, the supervisory authority shall supervise the inmates about the rights and duties supervision and other terms means, including the effects of regulatory breaches.

§ 64. Before the deployment begins, prepare the supervisory authority in cooperation with the inmate a schedule of activities. The activity table will among other things, state, within which time the inmate must

1) located in the residence,

2) be at work or college or similar if the person has such employment

3) participate in any program services

4) participate in any treatment

5) meeting for inspection by the supervisory authority etc.

PCS. 2. The activity schedule should also indicate within which time the prisoners to leave his residence.

Supervision and control

§ 65. The Ministry of Justice, the Prison and Probation Service can in connection with the authorization to decide on the frequency of monitoring and supervision of the posting period must follow the rules of punishment protruding else at the residence, or that there should be controls and supervision to a lesser extent. Authority must as a minimum conduct one supervision conversation and make one telephone call to the workplace, educational institution or equivalent per week.

§ 66. Verification that the inmate meets the conditions laid down for authorization, is done by the prisoner during the posting around the clock monitored by an electronic transmitter that the Supervisory Authority by posting commencement mounts on the inmate's person.


§ 67. Authority must implement any conditions of treatment, participation in program activities, etc. immediately after the posting has commenced, if the terms are not already underway.

§ 68. The implementation of the supervision of the inmates, it is for the regulator to support and guide the inmates in order to improve the inmates' opportunities to live a crime-free life and to exercise control, to the inmate meets the conditions that apply to the posting .

§ 69. In order to improve the inmates' opportunities to live a crime-free life, it is for the regulator as appropriate during the transfer to

1) advise and assist the inmates with respect to his professional, educational, social and personal relationships, and

2) arrange contact with persons, institutions and authorities that other legislation may provide the inmate assistance.

§ 70. If the inmate must submit exhalation or urine samples, these among others taken during inspections of residence or when the inmate meetings of the regulator.

§ 71. There should be no other people present in the room where the inmates give urine samples.

PCS. 2. The Authority may, where for specific reasons deemed necessary, decide that the urine sample submission must be witnessed by the Prison staff.

PCS. 3. Submission of a urine sample after paragraph. 2 may only be witnessed by persons of the same sex as the inmate.

PCS. 4. Addressing note on delivery and results of urine tests.

§ 72. Submission of breath test attended by staff from the regulator.

PCS. 2. There must be note about the release and the results of the breath test.

§ 73. Authority may allow the inmates, in addition to the activity schedule set time will be authorized to be absent from their homes in accordance with Chapter 8, unless the competence to decide on output under Part 2, located in the Ministry of Justice, the Prison and Probation Service. If the supervisory authority of other weighty reasons, that the prisoners should be allowed to stay outside the residence in addition to the activity schedule set time, the matter to the institution, which decides whether to send recommending to the Ministry of Justice, the Prison and Probation Service .

Reporting, temporary transfer and withdrawal

§ 74. Authority, report to jail or prison if

1) the inmate requests that the license be revoked

2) the inmate violates the conditions that apply to the posting,

3) the inmate during the transfer detained for any other reason than to execute the punishment, the transfer concerns,

4) the inmate no longer meet the conditions for secondment,

5) supervision and control of the inmates can not be executed because of his behavior, or

6) new information on the prisoners' conditions gives certain reasons to assume that the inmate will abuse the authorization granted.

§ 75. Authority may determine that the inmate temporarily be returned to jail or prison, while the issue of revocation treated, see. Penal Enforcement Act § 78f paragraph. 2. Temporary transfer occurs after a specific assessment and should as a main rule happen if the regulator sight is clear that the permit for posting on the residence to be revoked, including, among other things, if the prisoner

1) violation of a condition not to consume alcohol, or - if the person does not have any effect - appears intoxicated,

2) observed affected by drugs or the like

3) refusing to submit a urine or breath test,

4) no longer has a permanent residence

5) after participation in activities outside the residence without reasonable justification returns to residence after the period specified in the activity chart, or

6) has left the residence outside the activity schedule prescribed period.

PCS. 2. Temporary transfer to prison or jail shall be in immediate connection to the Authority's decision to that effect and by NRA measure, if necessary with the assistance of the police.

PCS. 3. The temporary transfer transferred the inmate in accordance with paragraph. 2 to the local prison.

§ 76. The prison or jail may revoke a permit for posting to their own homes with tagging or change the terms of the license if


1) the inmate requests,

2) the inmate no longer meet the conditions for secondment or

3) the terms of § 49 of the Penal Enforcement Act are present.

PCS. 2. Decision on whether an authorization for posting to their own homes with leg irons be revoked taken as soon as possible after prison or jail received the Authority's recommendation to that effect. § 28 shall apply. The institution shall forward without delay the decision to the Ministry of Justice, the Prison and Probation Service, and to the supervisory authority, and where appropriate to the prison or local jail, which the inmates temporarily transferred.

PCS. 3. The Authority shall inform without delay the inmates of the revocation of the license. Are the inmates temporarily transferred to another prison or jail, he shall inform the institution as soon as possible the inmates of the revocation of the license.

§ 77. If the inmate does not temporarily transferred to a jail or prison, the inmates immediately upon service of imprisonment or arrest the housing measure returned to jail or prison. Placing However, because of space restrictions or other practical reasons, temporarily in another institution.

PCS. 2. Are the inmates temporarily transferred to another prison or jail at NRA measure, the prison or jail as the inmates are posted from, make sure that the inmate as soon as possible returned to the institution.

PCS. 3. Is there in connection with the revocation decision for the transfer from open to closed institution, transferred the inmate as soon as possible to the closed institution.

Chapter 13

Excursions etc.

§ 78. There may occasionally be inmates in open institution undergo, imprisonment for 30 days or more short-term access to excursions or event to which the public has access, or to participate in club activities.

PCS. 2. Prisoners who undergo, imprisonment for less than 30 days may participate in output after paragraph. 1, in the case of events that are part of the general community in the institution or related to the joint activities of the institution, eg. participation in sports or field trips in connection to teaching and study groups in the institution.

PCS. 3. Are there not worship in the institution should regularly be the opportunity to participate in worship outside the institution.

PCS. 4. The head of the institution can lay down rules for the authorization to exit after paragraph. 1-3 can only be given after staying in a certain time in the institution.

§ 79. There may occasionally be prisoners in closed institutions has permitted unescorted output, short-term output to attend church services, concerts, theater performances, lectures and similar events, make study and museum visits or participate in sports and recreational activities the school premises.

§ 80. Permission for output in accordance with §§ 78-79 can normally only be given to groups of prisoners. There generally should attend one or more functionaries in such exits.

PCS. 2. Exit to groups of prisoners can not be given to events held in areas where the general rules and safety considerations make such an output inadvisable.

§ 81. Expenses for entre and the like borne by the inmates.

PCS. 2. Costs of transport are normally held by the institution. When special circumstances so warrant, the institution may provide grants for entrance fees.

Section III

Concluding remarks

Chapter 14

Entry into force

§ 82. This Order shall enter into force on 1 July 2013.

PCS. 2. Order no. 582 of 31 May 2013 on access to prisoners undergo, imprisonment or detention in the Prison Institutions (starting order) is repealed.

Justice, 24 June 2013
Morten Bødskov
/ Johan Reimann

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