Notice On Access To The Inmates, Who Udstår Imprisonment Or Detention In 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 output





Chapter 4



Consultation, etc.





Chapter 5



Deprivation of the opportunity of the year because of a no-show without any legal justification in accordance with the summons to the execution, starting quarantine and the ordering of disciplinary punishment





Chapter 6



Special processing rules





Chapter 7



Starting proof and remuneration, etc.





Section II



Output forms





Chapter 8



Output for specific purposes





Chapter 9



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





Chapter 10



Clearance





Chapter 11



Posting





Chapter 12



Excursions, etc.





Title III



Closing remarks





Chapter 13



Date of entry into force of



The full text of the notice on access to the inmates, who udstår imprisonment or detention in prison institutions (starting order)

Under section 42, paragraph 4, article 50, § 67, no. 7, section 89, paragraph 2, article 105, paragraph 2, and section 111, paragraph 4, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 435 of 15. may 2012, fixed: title I common rules Chapter 1 preliminary provisions § 1. Inmates who udstår imprisonment or detention, can get the output according to the rules of the penalty enforcement law §§ 46-49 and the rules laid down in this Ordinance.

§ 2. In addition to the conditions listed in the sentence enforcement Act § 46, paragraph 2, it shall for the purposes of assessing the risk of misuse of the initial authorisation conferred particular importance if the inserted 1) within the last 3 years have been released after application of at least 2 sentences, and now udstår prison sentence for conditions that are entirely or partly committed within 6 months after the last release , 2) is dependent on narcotic substances, 3) have consumed drugs during serving the sentence, or 4) to be deported by the country on release from prison.

(2). If the inserted must be expelled from the country on release from prison, it must in addition to the usual assessment of the risk of abuse be considered whether there is likely to be a danger to the inmates will misuse the end to evade further penalty application by exit of the country or to evade the execution of the expulsion order.

§ 3. When special circumstances, the institution's head or the entitled thereto, with police consent, give a pre-trial prisoner, by virtue of the code of civil procedure § 777 is placed in an institution for persons udstår imprisonment or custody, the starting permission with companion for a shorter period of time see. Code of civil procedure § 771, paragraph 2.

(2). Pre-trial arrestanten must not without the Court's approval to leave the institution more widely than those specified in paragraph 1, without prejudice to article. Code of civil procedure § 777, 4. item Questions to that effect shall be submitted by the police for the court hearing the criminal case.

Chapter 2 section 4 Competences. In the open prisons can the institution's head or the one who is empowered to do so, allow the output according to the rules laid down in title II to the inmates, who udstår in under 8 years ' imprisonment.

(2). For inmates who udstår in 8 years or more imprisonment or detention, be settled the question of the year by the Ministry of Justice, Directorate-General for prison and probation service. Decision is taken on the recommendation of the institution. The institution's head or the entitled thereto, may, however, allow exit with accompaniment in the cases referred to in section 31. The Ministry of Justice, Directorate-General for prison and probation service, can empower the institution's head or the one of institutionslederen is empowered for that purpose, to allow output under section 55.

(3). The Ministry of Justice, Directorate-General for prison and probation service, can empower the institution's head or the one of institutionslederen be authorised thereto, to decide on output without accompaniment in the cases referred to in section 31.

(4). Have an inmate as referred to in paragraph 2 permission for regular unaccompanied output, can the institution's head or the one who is empowered to do so, allow 1) Division of the output of the 3 outputs of up to 12 hours, or in 2 outputs of up to 12 hours and 24 hours, respectively, of the basic regulation. § 39, paragraph 1, 2) savings and aggregation of up to 4 outputs, see. section 38, paragraph 4, and 3) advance of the year to be held in the prior period, see. section 38 (2), 2. PT.

§ 5. In the closed prisons can the institution's head or the one who is empowered to do so, allow the output according to the rules laid down in title II to the inmates, who udstår in under 8 years ' imprisonment.

(2). For inmates who udstår in 8 years or more imprisonment or detention, be settled the question of the year by the Ministry of Justice, Directorate-General for prison and probation service. Decision is taken on the recommendation of the institution. The institution's head or the entitled thereto, may, however, allow exit with accompaniment in the cases referred to in section 31, paragraph 1.

(3). The Ministry of Justice, Directorate-General for prison and probation service, can empower the institution's leadership to decide on output under section 31 of the more widely than those specified in paragraphs 2, 3. point the institution's leader may not delegate such jurisdiction other than a vice fængselsinspektør.

(4). Have an inmate as referred to in paragraph 2 permission for regular unaccompanied output, can the institution's head or the one who is empowered to do so, allow 1) Division of the output up to 3 outputs of up to 12 hours, or for up to 2 outputs of up to 12 hours and 24 hours, respectively, of the basic regulation. § 39, paragraph 2, 2) savings and aggregation of up to 4 outputs, see. section 38, paragraph 4, and 3) advance of the year to be held in the prior period, see. section 38 (2), 2. PT.

§ 6. In arrest houses (the Copenhagen Prisons) can the institution's head or the one who is empowered to do so, allow the output according to the rules laid down in title II to the inmates, who udstår in under 8 years ' imprisonment.

(2). Are there by choice of the detention institution decided to penalty must be enforced in a closed prison, settled the question of the year according to the rules laid down in Chapter 9-11 after prior discussion with the relevant prison.

(3). For inmates who udstår in 8 years or more imprisonment or detention, be settled the question of the year by the Ministry of Justice, Directorate-General for prison and probation service. Decision is taken on the recommendation of house arrest (the Copenhagen Prisons). The institution's head or the entitled thereto, may, however, allow exit with accompaniment in the cases referred to in section 31, paragraph 1.

(4). The Ministry of Justice, Directorate-General for prison and probation service can empower the institution's leadership to decide on output under section 31 of the more widely than referred to in paragraph 3 3. point the institution's leader may not delegate such jurisdiction other than his Deputy.

(5). Have an inmate as mentioned in paragraph 3, authorization to regular unaccompanied output, can the institution's head or the one who is empowered to do so, allow 1) Division of the output up to 3 outputs of up to 12 hours, or for up to 2 outputs of up to 12 hours and 24 hours, respectively, of the basic regulation. § 39, paragraph 2, 2) savings and aggregation of up to 4 outputs, see. section 38, paragraph 4, and 3) advance of the year to be held in the prior period, see. section 38 (2), 2. PT.

§ 7. In the cases covered by § § 15-16 for consultation, etc. of the Police Director who has dealt with the criminal case, settled the question of the year by the Ministry of Justice, Directorate of Probation, if the institution considers that it should be given permission to exit, regardless of the fact that this is discouraged by Police Director.

§ 8. For inmates, if criminal proceedings are treated abroad, settled the question of permission to exit in all cases by the Ministry of Justice, Directorate of Probation, unless the inmate has been at liberty between the conviction and the deployment in the institution, or in the case of an exit, whereby, under section 15, paragraph 2, no. 2-4, does not need to be consulted.

(2). Decision on the posting of inmates who are the subject of the sentence enforcement Act, section 22, paragraph 3, or the sentence enforcement Act § 25 (1) (8). 4, referred to persons, in all cases be taken by the Ministry of Justice, Directorate-General for prison and probation service.

§ 9. For Foreign inmates who must be expelled from the country, settled the question of permission to exit in all cases by the Ministry of Justice, Directorate-General for prison and probation service.

§ 10. The Ministry of Justice, Directorate of Probation, may 1) in specific cases allow output in more widely than mentioned in subparagraph (II), if special circumstances justify it, and 2) allow other output forms than mentioned in subparagraph (II) for inmates in an institution or a branch of an institution if special circumstances justify it, and if it is otherwise in accordance with the penalty enforcement § 46 (1) (8). 1. Chapter 3 Conditions for output section 11. In addition to the conditions laid down in the criminal enforcement section 48, paragraph 1, shall be subject to authorisation for the output of the inserted 1) not using the end in a manner clearly contrary to law enforcement and the objective pursued by the end,


2) follows the established itinerary and not change residence without prior consent, 3) immediately gives the institution by telephone message, possibly through the nearest police authority if illness or other compelling circumstances preclude timely return, or if there otherwise difficulties arise, and 4) on his return not meetings while intoxicated.

§ 12. In addition to the conditions laid down in the criminal enforcement section 48, paragraph 2, may be laid down other conditions, which are appropriate in order to avoid abuse, including that the inserted 1) don't enjoy alcohol throughout the end or immediately before and during the journey, 2) on his return contributes to an alcohol test, 3) delivers a urine sample before and/or after the end, or 4) do not take stay elsewhere than at the starting address.

(2). Gravity and nature of the offence, or where the interests of the injured party, shall be laid down conditions that the inmates are not allowed to visit certain places or seek out particular individuals. The establishment of such conditions may, however, be omitted if there are serious reasons to the contrary.

(3). At the end of longer duration, provided that transition to later parole, it will often be appropriate to lay down the conditions in accordance with the same guidelines as in the test release.

(4). No matter that there is no fixed terms for alcohol test or urine test, the institution may decide that such a study should be carried out by the prisoners ' return, if the circumstances of the case justify it. The study, which, by the way, can be made by returning home, may also include recto-vaginal examination, see. Punishment Enforcement Act section 60, paragraph 2.

§ 13. For the purpose of determining whether or not an output should be done with or without accompaniment, be taken into account for the purpose of the end and the risk of abuse.

(2). Output from the open institution given in General without accompaniment.

(3). Exit to the inmates, who are staying in closed institution due to a particularly evasive risk, will in General only be allowed with the accompaniment.

(4). Output with escorts can in General only for one day.

§ 14. Output abroad can not be permitted, unless exceptional circumstances justify.

Chapter 4 Consultation, etc.

§ 15. Before authorisation is given to the output, the institution must obtain the opinion of the Police Director who has dealt with the criminal proceedings, in respect of inmates, 1) in the most recent case, or previously convicted of dangerous crimes, including arson, or other General dangerous crime, violent or sexual crime, coarser enrichment crime associated with violence or threat of violence or other offences of particularly serious or professional nature , 2) who is charged with under the current application having committed the crime of not few character during escape, exit or no show from year 3) within the last 3 years during the most recent or current application during escape, exit or no-show from output have committed crime, which has led to a prison sentence or to be expected that would result in a prison sentence, 4) within the last 3 years have been released after application of at least 2 sentences and now udstår prison sentence for conditions that are entirely or partly committed within 6 months after the last release, or 5) where police Director in connection with the notification of probation that he must serve a prison sentence, etc., have indicated that the question related to the rocker and the gang environment.

(2). Consultation of Police Director must not, however, be carried out as far as referred to in paragraph 1, no. 1-4, said inmates 1) who has been at liberty between the conviction and the deployment in the institution, 2) in an open institution with regard to exit after section 31, which does not result in accommodation outside the institution, 3) in closed institution with regard to output under section 31 (2), nr. 4-6 that does not result in accommodation outside the institution, 4) in an open institution with regard to output under section 55 or 5) located at treatment departments with regard to therapeutic accompanied the outputs to URf.eks. NA meetings.

(3). If you are given permission to end, consultation on later output of the same or different kind not happen unless there are significantly changed circumstances.

§ 16. Regardless of the rules in section 15 provides for the consultation of Police Director, if circumstances in the individual case justify it, or if the Police Director in each case have so requested.

(2). Find Police Director, that there should not be allowed to end in accordance with the rules set out in Chapter 9 of the special period, including during the Christmas period (i.e. in the period from 23 december up to and including the 3 January) because there because of conviction for housebreaking is a risk for new burglary crime during the period, the Police Director a statement about this risk of abuse in connection with the notification of probation on that person must serve a prison sentence, etc.

§ 17. Before the given option to the Ministry of Justice, Directorate of Probation, for permission to exit to foreign inmates who must be expelled from the country, must, if the criminal proceedings are dealt with in Denmark, obtained an opinion from the Police Director, who has handled the criminal case.

§ 18. Consultation of Police Director is done in writing. In particularly urgent cases can be consulted by telephone.

(2). In open institutions consultation in General not take place when inmates have remained in the home in 3 weeks, unless there are exceptional circumstances.

(3). If the Police Director's opinion cannot be made available within 8 days, the institution should be informed accordingly, possibly by telephone.

§ 19. Before authorisation is given to regular access to the prisoners, who udstår punishment of imprisonment for life or udstår custody, must be consulted by the Attorney General. Such consultation should also happen if later permitted to exit, which will lead to further reductions in the detention process.

(2). Consultation of the Attorney General is done as a starting point in connection with the annual meeting between the Attorney General and the Ministry of Justice, Directorate-General for Probation, but may, however, be in writing, if special circumstances speak for it.

§ 20. For use in the assessment of the issue of a permit for the year covered by the consultation the rule in section 19, paragraph 1, to the inmates, who obtained a statement from udstår custody, specialist in psychiatry or, where appropriate, from the psychologist.

(2). For inmates who udstår imprisonment, obtained such a declaration, if circumstances justify it.

§ 21. If an inmate who udstår punishment for killing of or violent or sexual crime against grosser minors, under end should have stay in individuals with whom minor children, or staying under the end have the right to visitation with the minor children, an opinion must be obtained on terms during a determination from the prisoner's municipality of residence (social services).

(2). There may also be obtained an opinion referred to in paragraph 1, if the institution finds that the circumstances of the case, moreover, justified.

Chapter 5 denial of the opportunity of the year because of a no-show without any legal justification in accordance with the summons to the execution, starting quarantine and the ordering of the disciplinary section 22. An inmate who, without lawful reason, failed to appear after the summons to serve sentences, must, for a period of 3 months from the deployment are deprived of the possibility of authorization to the output according to the rules laid down in title II of the basic regulation. However, section 31, paragraph 3.

(2). If permission to exit be refused because of the danger of abuse in accordance with criminal enforcement section 46 (1) (8). 2, can it be determined that the inmates for a period of up to 6 months is unable to demand a decision on the question of permission to exit (exit quarantine). Similarly, if a permit to exit revoked pursuant to section 49 of the Act, no penalty enforcement. 1, due to abuse by the end, including if the inserted during the end has committed the offence, or if a permit to exit revoked pursuant to section 49 of the Act, no penalty enforcement. 2, because new information about the prisoner's circumstances provide specific reasons for believing that the prisoners will take advantage of the announced starting permission. In the context of the decision on transfer from open prison to shut the jail or courthouse (the Copenhagen Prisons) can however only be revocation of permission for exit.

(3). If the refusal of permission to exit or the revocation of the output is justified by the fact that the inmates during the current execution have committed dangerous crime, the time limit shall be set at a maximum of 1 year.

(4). If permission to exit be refused because of the danger of abuse, see. Punishment Enforcement Act section 46 (1) (8). 2, has a possible quarantine effect and is calculated from the time the institution shall take the decision.


(5). Have an inmate permission for regular output, and this permission is revoked due to escape from the accompanied output or no-show, see. Punishment Enforcement Act section 49, no. 1, or due to escape from the institution, without prejudice. Punishment Enforcement Act section 49, no. 2, has a possible quarantine effect and is calculated from the penalty udståelsens resumption. Resume penalty udståelsen before the expiry of a period in which the inmates have departure settled out, calculate the length of the suspension, however, first from the starting period. By other forms of abuse by output, see. Punishment Enforcement Act section 49, no. 1, or by other new information than the escape, which gives specific reasons to presume that the prisoner will misuse the starting permission, see. Punishment Enforcement Act section 49, no. 2, has a possible quarantine effect and is calculated from the time the institution becomes aware of the relationship which justifies the withdrawal. Get the institution aware of the relationship before the expiry of a period in which the inmates have departure settled out, calculate the length of the suspension, however, first from the starting period.

(6). Have an inmate does not have permissions to the regular output, but to individual outputs, and evades or fails to appear the inmates from a single output, see. Punishment Enforcement Act § 49, no. 1, or evades the inmates from the institution, without prejudice. Punishment Enforcement Act section 49, no. 2, determined the length of any quarantined from the time when the penalty udståelsen resumes. By other forms of abuse by output, see. Punishment Enforcement Act section 49, no. 1, or by other new information than the escape, which gives specific reasons to presume that the prisoner will misuse the starting permission, see. Punishment Enforcement Act section 49, no. 2, determined the length of a possible quarantine from the date on which the institution becomes aware of the relationship which justifies the withdrawal.

§ 23. An inmate may be disciplinary punishment by 1) no-show from the exit and escape from accompanied output or attempts to do so, see. Punishment Enforcement Act § 67, no. 2, 2) violation of the conditions that are mentioned in criminal enforcement section 48 (1), and in paragraph 11 and 3) violation of the terms laid down in pursuance of the sentence enforcement Act section 48, paragraph 2, and paragraph 12, other than section 12, paragraph 1, no. 2 and 3.

(2). If the offense has given rise to other measures after the punishment enforcement code, including revocation of permission to exit or transfer to the closed institution, can only be disciplinary action to the extent decisive order or safety considerations require it.

Chapter 6 Special processing rules § 24. The institution must take the issue of access to the premises of certain persons into consideration, when a 1) inserted, there udstår point-in-time prison sentence in an open prison or is suitable for placement in an open prison, but is placed in the County Gaol (the Copenhagen Prisons) after penalty enforcement section 21 (2) of the basic regulation. paragraph 37, paragraph 3, meet the temporal conditions of section 36 (1), 2) inserted, there udstår point-in-time penalty of imprisonment in closed prison or lockup (Copenhagen Prisons), meet the temporal conditions of section 37, paragraph 1, 3) inserted, which udstår the punishment of imprisonment for life, has been served 5 years and 4 months of penalty, and 4) detention sentenced have been placed in custody for two years.

(2). The issue of access to the premises of certain persons must be taken into consideration at the earliest, however, when the inmates have had to stay in the home in 3 months, if the prisoner is deprived of the possibility of output because of a no-show without any legal justification in accordance with the summons to the execution of the basic regulation. § 22 (1).

(3). If there is given the refusal of access to the premises of the institution must take certain persons, the issue reconsidered, if at a later date must be assumed, that the conditions for output are met.

(4). Furthermore, it is the responsibility of the institution to address the issue of access to the premises of certain persons into consideration, when the inmates have stayed in the institution for six months, since the question lately has been considered, in accordance with article 3. However, section 22 (3).

§ 25. The institution must notify the detainees as soon as possible a decision on permission to exit. At the same time, coached the inserted extensively about the importance of decision, including on the understanding of the stipulated terms and conditions on the impact of violations, see. sections 11-12 and sections 22-23.

(2). To be done note on the reasons for decision and about the time of the notification referred to in paragraph 1 and guide.

section 26. The institution shall refuse to grant permission for the output, it should be note on the decision. The memorandum shall also contain a justification for the decision. The explanatory statement must meet the requirements for a statement of reasons in the management section 24, as well as indicate 1) when the decision is notified to the inmates, 2) that the inmates are informed of the reasons for the decision, 3) when the deadline for filing a complaint to the Minister of Justice expires, without prejudice. Punishment Enforcement Act § 111, paragraph 2, and 4) to the inmates is advised of the possibility of complaint to the Minister of Justice and about the deadline for filing a complaint.

(2). The inmates shall, on request, be provided with a copy of the memo, drawn up in accordance with paragraph 1.

§ 27. If an inmate lodges a complaint against the institution's refusal to exit, the institution as soon as possible send the matter to the Ministry of Justice, Directorate-General for prison and probation service.

section 28. Before making a decision about deprivation of the opportunity of the year because of a no-show without any legal justification in accordance with the summons to the execution of the basic regulation. § 22 (1), or revocation of a permit to exit or modification of the conditions of the authorization referred to in article 6. Punishment Enforcement Act section 49, the inmates to the extent necessary, be acquainted with the available information. The inmates must also be made aware of the right to be assisted and get access to the file and have the opportunity to comment.

(2). The decision shall be taken on the basis of the information available. The institution's head or the entitled thereto, shall decide whether it is in the interests of clarification of the circumstances of the case are required to obtain further information or carry out the interrogation of staff or inmates. Be carried out interrogations, it must be questioned given the opportunity to approve the minutes of its explanation, and it must be recorded in the minutes of interrogation, whether approval has been made.

(3). Interrogations must be witnessed by one of the institution's staff.

(4). section 26 shall apply mutatis mutandis.

Chapter 7 Starting proof and remuneration, etc.

section 29. For inmates who receive exit without escort, handed out a starting certificate.

section 30. If the conditions are met, be granted under output after chapter 8-10 and 12 working money as well as the cost and amount of self-government in accordance with the provisions of the Employment Ordinance.

Section II Starting forms Chapter 8 Output for specific purposes section 31. Inmates can get output for the purpose of 1) to visit a related person who is seriously ill, 2) to be present at an approaching person's funeral, 3) to appear in court or other public authority in cases where the competent authority considers it necessary, or 4) medical examination or treatment or other treatment is not appropriate may take place within the institution.

(2). Inmates who udstår imprisonment for 30 days or more, can get output for the purpose of 1) to visit Allied individuals for important family events, 2) to carry out personal interests when special circumstances, 3) to enter into matrimony, 4) contact with the supervisory authority to plan the progress of the regulatory period, 5) obtaining residence and work or second team in conjunction with the release, or (6)) to make purchases or similar that is required for the purpose of the release.

(3). If special circumstances, can output is given, notwithstanding that a decision on withdrawing the option output due to a no-show without any legal justification in accordance with the summons to the execution of the basic regulation. § 22 (1), or in the case of refusal or revocation of a permit to exit a decision on starting the quarantine, see. section 22 (2).

(4). Output in accordance with paragraph 2, nr. 1-3, to inmates who have permission for the regular output according to the rules laid down in Chapter 9, causes the output in accordance with these rules shall be limited accordingly. It does not however apply if special circumstances justify it.

(5). Output in accordance with paragraph 2, nr. 5, in the context of release on probation with conditions of supervision should be granted only after prior discussion with the supervisory authority and to ensure that the inserted during the end has contact with the supervisory authority.

(6). It is generally a prerequisite for output that the inmates provide the necessary documentation for the circumstances that justify the end.

section 32. The end can not be given for longer time, than the purpose so requires, and shall normally not exceed 3 days in addition to travel time.

(2). When specific reasons justify it, can end after section 31 (1) (8). 1 and 2, and paragraph 2, no. 2 and 5, for inmates who udstår imprisonment for 60 days or more, is given for up to 8 days in addition to travel time. Output under section 31 (2), nr. 5, when exceptional reasons justify it, be extended up to a maximum of a further 6 days in addition to the in 1. paragraph referred to 8 days.


section 33. If the institution considers that there is a need for output in more widely than those specified in §§ 31-32, submitted the matter to the Ministry of Justice, Directorate-General for prison and probation service.

§ 34. Expenses for travel and accommodation are borne by the inmates.

(2). Eligible for grants to cover travel expenses in accordance with the rules laid down by the Ministry of Justice, Directorate-General for prison and probation service.

Chapter 9 the end purpose of visit to specific people, etc.

Purposes, etc.



section 35. Inmates can get output in order to visit certain related persons. Output for the purpose of visiting a related person should, however, be denied, if the visit not be found expedient.

(2). If exceptional circumstances in the individual case justify it, and it is found expedient may inmates be allowed to visit with other specific people than allied.

(3). To be associated with each output in accordance with paragraphs 1 and 2 be obtained confirmation from the person concerned that the visit can take place.

(4). The institution may check if the inmates are present in the base address, possibly by telephone.

Time of first exit



§ 36. Inmates in open institutions can get first exit after 30 days of stay in the institution. Udstår jail inmates in 2 years and 6 months or more and who have not been at liberty between the conviction and the deployment in the institution, however, may not get out, before a sixth of the criminal the time has passed.

(2). May be output before the inmates have spent 30 days in the institution, if the person is reinstated to the application of capital punishment. Similarly, if the person concerned is transferred from another institution that has given permission to the regular exit or submitted the question to that effect in accordance with the provisions of §§ 15-17 and the decision becomes available before the 30-day deadline.

section 37. Prisoners in closed institutions can get first exit, when a quarter of the time has been served, at the time the criminal certain prison sentence of 8 years or more, however, when a third of the criminal the time has passed. Inmates, as in closed institutions udstår prison sentence of 5 years and until 8 years, however, can not get unaccompanied output before a third of criminal time has been served. Is the punishment timed prison for 8 years or more, the inmates can not get unaccompanied output before half of the criminal the time is served. Regardless of the length of the penalty, it is also a condition for that output can be given, that has gone 10 weeks from deployment, and that the person concerned has stayed 7 weeks in the institution. Inmates who are transferred from an open institution, however, must have resided for 10 weeks in the institution, before output can be given.

(2). The time limits referred to in paragraphs 1, 2. and 3 point, may be waived if there are special reasons to do so. The time limits referred to in paragraph 1, 4. and 5. paragraph, may be waived in the cases referred to in article 36, paragraph 2. The Member of staff concerned transferred from other closed institution, will the demand for 7 weeks of stay in the institution could be waived if the circumstances in the individual case justify it. The Member of staff concerned transferred from open institution, will the mentioned time limits could be waived if the circumstances in the individual case justify it.

(3). Inmates who are suitable for placing in an open prison, but is placed in the County Gaol (the Copenhagen Prisons) after penalty enforcement § 21, paragraph 2, can get output when the temporal conditions in section 36 are met. In all other issues are dealt with these prisoners in accordance with the rules on exit from closed institutions.

Regular output



section 38. Regular output may be authorised to visit certain individuals, see. section 35 (1) and (2).

(2). Inmates can get one exit within each 3-ugersperiode. One output can be brought forward to be held in the immediately preceding period in the cases referred to in section 31, paragraph 2, no. 1-3, or other similar event.

(3). Output can be provided from Friday at. 16 to Sunday at 2 pm. 21. The mentioned times may be waived in the interest of the institution's operation, or if the local transport facilities or concern for a spread of departure and return times justify it. Exceed the travel time 3 hours, departure may be permitted so early that the inmates can be on the starting address approximately at. 19. For late return of a few hours duration can it be determined that a period of time equivalent to the delay shall be deducted in a subsequent year.

(4). There can be saved up until 4 outputs. An accumulated output used in the extension of a year has a duration of 48 hours. Accrued outputs can be added together and shared. Each output must at least be of the duration referred to in paragraph 3.

(5). Output of equivalent duration referred to in paragraph 3 may be given on other days, if particular circumstances justify it. Find your departure on a holiday, the time of departure can be brought forward against the corresponding advance of arrival date.

(6). In connection with Christmas and/or new year can be extended, however, one output combined with a maximum of 2 days.

§ 39. Instead of one output under section 38 may inmates in open institutions get 3 outputs of up to 12 hours or 2 outputs of up to 12 hours and 24 hours, respectively. Have the inmates only had one such output, postponed the period for the year under section 38 with respectively a week and two weeks.

(2). If special circumstances speak for it, can be inserted in closed institutions instead of one exit after § 38 get up to 3 outputs of up to 12 hours or until the 2 outputs of up to 12 hours and 24 hours, respectively. Have the inmates under section 31, paragraph 4, used such output, find the rules laid down in paragraphs 1, 2. paragraph, mutatis mutandis.

Occasional output



§ 40. For inmates who have not been granted permission to the regular output, there may occasionally be given exit to visit certain individuals, see. section 35 (1) and (2).

(2). If the inmates do not have specific people to visit, it may be output with a view to stay in their own homes or permission to an individual excursion or similar, if special circumstances justify it.

(3). Inmates who have permission for the regular output, instead of the output with a view to visiting certain people get output with a view to stay in their own homes, if special circumstances justify it.

(4). The end is usually of shorter duration. Output of a duration referred to in section 38, paragraph 3, may, however, be granted if the circumstances in the individual case justify it.

Output in the wider



§ 41. If the institution considers that there is a need for output in more widely than those specified in §§ 36-40, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service.

Expenditure



§ 42. Expenses for travel and accommodation are borne by the inmates.

(2). Eligible for grants to cover travel expenses in accordance with the rules laid down by the Ministry of Justice, Directorate-General for prison and probation service.

Prisoners resident on the Faroe Islands



section 43. Inmates who are resident in the Faroe Islands and is transferred from Denmark to the Faroe Islands to the application of prison sentences for more than 6 months, or assigned, can save and add up to 6 outputs for once every six months to visit certain individuals on the Faroe Islands, see. section 35 (1) and (2), or visit the Allied people from the Faroe Islands, which for this purpose, temporarily staying in Denmark.

(2). At the exit to the Faroe Islands in accordance with paragraph 1, the institution grants to cover travel expenses in accordance with the following section 42, paragraph 2, established rules. It may, however, be allowed to travel by air, if that happens in this way only will be talking about a relatively small additional cost.

(3). If the output referred to in paragraph 1 shall be used for visiting Allied individuals who are tilrejst from the Faroe Islands, there will after a concrete assessment of the person's financial situation could be granted reimbursement for their travel expenses. The grant will be subject to a maximum can apply an amount equal to what the institution will be able to hold to cover the prisoner's travel expense to the Faroe Islands.

Chapter 10 Clearance section 44. Inmates who meet the temporal conditions of output after chapter 9, can get output in the form of clearance when it is found expedient for the purpose of employment with employer or participation in training, in particular in cases where there is a need for a work training or teaching, as most appropriately be provided outside the institution. Similarly, where such an approach system, moreover, must be deemed appropriate in order to convey the transition for the release.

(2). Clearance may also be granted if there is a particularly good working deals that would otherwise be wasted, or where because of the particular circumstances will be of significant importance to the person's rehabilitation.

(3). Clearance may also be given to participation in planned, scheduled recreational activities, if the prisoner's participation in the offence are reasonably justified in educational, social, therapeutic, family or other personal considerations.

(4). If the institution considers that there is a need exceptionally to allow clearance for the purpose of employment in private business, the question shall be submitted to the Ministry of Justice, Directorate-General for prison and probation service.


§ 45. Clearance for employment under section 44 (1), must normally take place in the latter part of the residence time and can not be given for longer than 3 months, unless special circumstances, including length of the penalty, making longer clearance required and appropriate. If the institution considers that there is a need for clearance to inmates who udstår prison in less than 5 months, or there is a need for safe travel for longer than 6 months, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service. Similarly, if the institution considers that for inmates in open institutions or inmates in closed institutions udstår a prison sentence of less than 5 years, is required for clearance before a third of criminal time has been served.

(2). Clearance for participation in teaching under section 44 (1), shall be carried out in close connection to the release as possible, but may be given for a longer period of time than those specified in paragraph 1. If the institution considers that there is a need for clearance to inmates who udstår prison in less than 5 months, or there is a need for safe travel for longer than 1 year, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service. Similarly, if the institution considers that for inmates in open institutions or inmates in closed institutions udstår a prison sentence of less than 5 years before a third of criminal time has been served, is required for clearance of more than 6 weeks.

(3). By clearance under section 44 (2) of the rules laid down in paragraph 1 shall apply by analogy. If the institution considers that there is a need for clearance to inmates who udstår prison in less than 5 months, or there is a need for safe travel earlier than 3 months before the release, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service.

(4). Clearance for recreational activities under section 44, paragraph 3, must normally take place in the latter part of the residence time and can not be given for longer than 6 months and not more often than 2 times a week. If the institution considers that there is a need for clearance to inmates who udstår prison in less than 5 months, or there is a need for the clearance of more than 6 months ' duration or more often than 2 times a week, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service.

§ 46. The inmates must spend their spare time in the institution or in the County Gaol (the Copenhagen Prisons), which is nearest to the place of work or training, etc.

(2). There may, however, the institution's head or the one of institutionslederen is hereby authorised for that purpose, provided the person concerned authorisation for the occasional shorter outputs without accompaniment for the purpose of leisure to 1) participate in the activities related to the work or teaching, 2) visiting nærtboende relatives, if the penalty in the courthouse, or 3 udstås) visit Allied relatives on their way to or from work or education When exceptional circumstances justify it.

§ 47. It is a playing field for safe travel, to inmates in connection therewith have gainful work outside the prison or lockup, complies with the sentence enforcement Act § 110, paragraph 1, concerning the payment of the stay in the institution.

(2). It is a playing field for clearances, that after deduction of necessary expenses, including the amounts referred to in paragraph 1, in connection with clearance deals thus with the labor costs (net pay) earned during the clearances: 1) The inmates have access to freely dispose of 10% of the salary, but not less than a sum equivalent to normal remuneration for employment in the institution, and not more than twice.

2) the remainder of labor be saved up for the release. It can, however, possibly during the clearances, fixed as conditions that amount in whole or in part must be used to help with the family's subsistence.

(3). Inmates in open institutions, as a general rule, can freely dispose of the labor charges (net pay), see. paragraph 2, which are earned during the clearances. It can, however, possibly during the clearances, fixed as conditions that a portion of the amount in whole or in part must be used to help with the family's subsistence or for other similar purposes.

section 48. It will be particularly burdensome to the inserted even that for the cost of participation in the course, etc., and these may not be covered otherwise, they can be borne by the institution.

§ 49. It is a prerequisite for clearance to 1) there is a contact person at the departure address, 2) kept control with that purpose followed and 3) permission for clearance are not abused.

(2). section 35, paragraph 4, shall apply mutatis mutandis.

Chapter 11 Posting section 50. Inmates who meet the temporal conditions of output after chapter 9, can get output in the form of posting, in the cases referred to in section 44, paragraphs 1, 2 and 4, if output for practical reasons, cannot be implemented as a clearance, or in exceptional cases deemed especially appropriate that clearance is carried out as a posting.

(2). If found appropriate, may be laid down other conditions than those specified in §§ 11-12, including that the inmates under gives them the same rules that apply to the exit from the open prison, so that the decision on output more widely, than what follows of the secondment shall be taken by the institution, where the inmates are being seconded from. Going on posting to a prison of pensions, pension, Superintendent or the principal of the institution is empowered to do so, allow output in the situations referred to in Chapter 8 and 12.

§ 51. Secondment shall normally take place in the latter part of the residence time and may be given for up to four weeks or, in special circumstances, for up to 3 months. The inmates are not at least 21 years old by the deployment, it may be the posting of longer duration, when exceptional circumstances justify it.

(2). If the institution considers that there is a need for the posting of inmates who udstår prison sentence in less than 5 months, or there is a need for output beyond the 3 months ' duration, including to the in (1), (2). paragraph referred to persons, the matter shall, on behalf of the Ministry of Justice, Directorate-General for prison and probation service. The institution may authorize inmates who udstår in 5 months ' imprisonment or more, posting for up to 4 months in order to participate in a halfway program, URf.eks. course in cognitive skills training.

§ 52. Get the inmate labor during the period of secondment, determines the institution's head or the one of institutionslederen be authorised thereto, on the salary to be paid to free available, or whether it should be fixed as a playing field for the secondment, the wage must be administered by the institution, possibly so that wages in whole or in part be used to help with the family's subsistence.

(2). Going on posting to one of the prison pensions, deciding on the issues referred to in paragraph 1 shall, however, of the pension, on the Superintendent or the principal of the institution that is empowered to do so.

§ 53. section 48 shall apply mutatis mutandis.

§ 54. During the secondment is the placed subject to the rules applicable to the institution in question, see. However, section 50, paragraph (2).

(2). section 35, paragraph 4, shall apply mutatis mutandis.

Chapter 12 Excursions, etc.

§ 55. There may occasionally be given inmates in open institution udstår prison sentence in 30 days or more, short-lasting output for excursions or for events for which there is public access or for participation in club activities.

(2). Inmates who udstår imprisonment in under 30 days, can participate in exit in accordance with paragraph 1, in the case of events that are part of the general community in the institution or in connection with joint activities within the institution, URf.eks. participation in sports matches or study tours in addition to teaching and study group work within the institution.

(3). There will be no worship in the institution, should regularly be made for participation in worship outside the institution.

(4). The institution's leader can lay down rules that permit to exit after paragraph 1-3 can only be granted after stay for a fixed period in the institution.

section 56. There may occasionally be given inmates in closed institution are authorized for unescorted out, short-term output in order to attend church services, concerts, theatre performances, lectures and similar events, make Studio and museum visits or to participate in sports and recreational activities outside the institution's area.

§ 57. Permission to output in accordance with the provisions of §§ 55-56 can normally only be granted to groups of inmates. There should generally join one or more officials in such outputs.

(2). Access to groups of inmates can not be given to events that are held in areas where the General code of conduct-or safety reasons, makes such an output utilrådelig.

§ 58. Cost of entrance and the like shall be borne by the inmates.

(2). Transport costs shall be borne by the institution generally. When special circumstances justify it, the institution can provide grants for admission costs.

Subparagraph (III) concluding remarks Chapter 13 coming into force of section 59. The notice shall enter into force on 7 August. June 2013.

(2). Executive Order No. 289 of 26. March 2012 on the exit to inmates who udstår imprisonment or detention in prison institutions (starting order), is repealed.

The Ministry of Justice, the 31. may 2013 Morten Bødskov/Johan Reimann

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