Executive Order On The Placement And Transfer Of Persons Who Must Endure Imprisonment Or Detention (The Space And Transfer Notice)

Original Language Title: Bekendtgørelse om anbringelse og overførsel af personer, som skal udstå fængselsstraf eller forvaring (anbringelses- og overførselsbekendtgørelsen)

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Overview (table of contents)



Chapter 1



Choice of the detention institution





Chapter 2



Transfer





Chapter 3



Administrative complaint rules and entry into force, etc.



The full text of the Executive order on the placement and transfer of persons who must endure imprisonment or detention (the space and transfer notice)

Under section 30, section 89, paragraph 2, article 105, paragraph 2, and section 111, paragraph 3, of the law on the enforcement of sentences, etc., see. lovbekendtgørelse nr. 435 of 15. may 2012, as amended by Act No. 739 of 25. June 2014, fixed: Chapter 1 election of the detention institution § 1. Decision on placement in prison or lockup (choice of the detention institution) of persons who must endure imprisonment or detention, see. Punishment Enforcement Act §§ 20-23, taken by one of the prison and probation service areas or of the Directorate of Probation, which receives notification of Police Director, according to the rules laid down in the notice of initiation.

§ 2. Should a convicted serving a prison sentence for up to 6 months (short-term imprisonment), and is that after punishment Enforcement Act article 21, paragraph 2 or paragraph 3, nr. 1-3, or section 21, paragraph 4, provided that the penalty must udstås in lockups, placed the convicted as a starting point in a County Gaol (the Copenhagen Prisons) near where the person concerned resides or stays.

(2). Is the convicted resident on the Faroe Islands, placed the question as a starting point in Arrest House in Tórshavn.

§ 3. Persons who are sentenced to fixed penalty of imprisonment for more than 3 months for violation of Penal Code section 210 or §§ 219-236, placed initially in triage and observation Department in Herstedvester, unless 1) on the basis of the detailed information about the nature of the crime or other conditions may be assumed that there is no basis for placing in the Department, or 2) the sentences constitutes imprisonment for not more than 1 year , capacity reasons speak for putting in a second institution and such placement of therapeutic reasons is not considered inappropriate.

(2). During the placement in another institution in accordance with paragraph 1, nr. 2, offered the inmates visitation interview with a treat from triage and observation Department, unless such a conversation has already been held.

(3). Is the person sentenced to the punishment of imprisonment for 30 days or more, up to a maximum of 3 months, for the offences referred to in paragraph 1, the person concerned shall be placed in the other institution. The question, however, is initially placed in the visitation and observation Department, if Probation Sealand on the basis of the review of the documents before the Court in exceptional finds that there is a manifest need for a targeted treatment efforts.

§ 4. If it must be deemed unobjectionable, and placement in semi-open department deemed relevant to the offender's needs, the sentenced person shall be placed in half-open section, where the conditions for placing in closed prison is present.

Chapter 2 Transfer transfer of prisoners from closed to open prison



§ 5. Decision on transfer of inmates, as udstår point-in-time imprisonment, from closed to open prison after criminal enforcement section 24, paragraph 1, shall be taken by the prison and probation service area. In the case of transfer to a prison located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area.

(2). There is disagreement between the two correctional care areas shall be determined by the prison and probation service area, as the case has raised the question of the transfer.

§ 6. Decision on the transfer of prisoners, which udstår the punishment of imprisonment for life, or assigned, from closed to open prison after criminal enforcement section 24, paragraph 1, shall be taken by the Directorate of Probation upon the recommendation of the prison and probation service area. Before deciding, obtained an opinion from the Attorney General on the issue of transfer to an open prison.

(2). Although the inmates are covered by paragraph 1, deciding not to happen, however, that the transfer of the prison and probation service area when the question of transfer to an open prison pursuant to section 7 shall be taken into consideration at the prison and probation service area's initiative.

§ 7. Prison and probation service area should take the question of whether the inserted after the sentence enforcement Act, section 24, paragraph 1, should be transferred from the closed to the open jail, up for consideration when the after the available information must be assumed, that the conditions for the transfer are present.

(2). Furthermore, it is the responsibility of the prison and probation service area to raise the issue, as referred to in paragraph 1 shall be reviewed when the inmate has completed 2 unaccompanied exits without abuse as part of a regular starting course (weekend of the year).

(3). Finally, it is the responsibility of the prison and probation service area to raise the issue, as referred to in paragraph 1 shall be reviewed when the inmates have stayed in prison for 6 months, since the question of transfer to an open prison lately has been considered. However, this applies only when 1) an inmate who udstår punishment of prison in less than 5 years, either have permission for regular unaccompanied output (weekend out) or have passed the 1/4 of Penal times, 2) an inmate who udstår punishment of imprisonment for 5 years and until 8 years are allowed for regular unaccompanied output (weekend out) or have been served 1/3 of the Penal times , 3) an inmate who udstår punishment of imprisonment for 8 years or longer timed prison sentence, either have permission for regular unaccompanied output (weekend out) or have been served 1/2 of the Penal times, or 4) an inmate who udstår punishment of imprisonment for life or custody shall be authorised regular unaccompanied output (weekend of the year).

§ 8. When the question of transfer to an open prison is being considered, the inmate shall be informed accordingly and given the opportunity to express their views.

§ 9. To be done note on correctional care area's attitude to the issue of transfer. If the prison and probation service area you will find that the transfer not to happen, the note include a statement of the reasons therefor, together with a statement that the inmates are informed of that prison and probation service area does not consider that the transfer must happen. If the decision on the refusal of transfer pursuant to section 5 or section 6, paragraph 2, must be taken by the prison and probation service area, must also include a statement, note 1) date of when the decision is notified to the inmates, and 2) to the inmates is advised of the possibility of complaint to the Directorate of Probation in cases where this is clear from section 28 (1) (8). 5 and 6, and on the deadline for filing a complaint, see. section 28 (3).

(2). If the prison and probation service area you will find that the transfer must happen, and the decision under section 6, paragraph 1, to be taken by the Directorate of Probation, informed the inmates thereof, before the case is sent to the Directorate-General.

(3). If correctional care area, to transfer should not happen, and the decision on the transfer under section 6, paragraph 1, to be taken by the Directorate-General for prison and probation service, the prison shall be informed thereof. At the same time asked the inmates on the case submitted to the Directorate-General is desired. If the inmate wants it, the matter shall be referred to the Directorate. Before the question of transfer to an open prison is submitted to the Directorate, the inmates have the opportunity to comment, see. § 8.

The transfer of prisoners from closed to semi-open prison Department



§ 10. If it must be deemed unobjectionable, and transfer to the semi-open department deemed relevant in relation to the prisoner's needs, can the inmates transferred from closed to semi-open prison Department, once the conditions for transfer to an open prison is not present.

(2). sections 5-6 shall apply mutatis mutandis by transfer to half-open section in accordance with paragraph 1.

The transfer of inmates from open to closed prison



§ 11. Decision on the transfer of prisoners from open to closed prison after criminal enforcement section 25 shall be taken by the prison and probation service area. In the case of transfer to a prison located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area. There is disagreement between the two correctional care areas shall be determined by the prison and probation service area, as the case has raised the question of the transfer.

(2). Before the transfer takes place, is to be done under the direction to the Directorate of Probation, if 1) the inmates reside in open prison pursuant to a decision of the Directorate of Probation pursuant to section 6, paragraph 1, or 2) the udstår penalty of prison inmates on life imprisonment or custody and by the decision on the choice of the institution of the place of detention are placed in an open prison.

§ 12. Decision on temporary transfer to lockups or closed prison after criminal enforcement section 25, paragraph 5 shall be taken by the prison and probation service area. In the case of transfer to an institution located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area.

(2). If the two correctional care areas disagree about whether the transfer should happen, settled the case by the prison and probation service area, which has raised the question of the transfer.

§ 13. Before deciding on the transfer from open to closed prison after criminal enforcement section 25, paragraphs 1 to 4, the inmates must be made aware of the right to be assisted and given the opportunity to express their views.


(2). The decision shall be taken on the basis of the information available. Prison and probation service field determines 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 prison and probation service area's employees.

(4). To be done note on the decision. The note must contain a justification for the decision. The explanatory statement must contain a reference to the rule of law, the decision has been taken after, and specify what are the main considerations that have been decisive for the estimate, like the facts, which is attributed substantial importance for the decision, must be explained. The note should also include a statement 1) date of when the decision is notified to the inmates, 2) that the prisoners are informed about what the rule of law, the decision has been taken in accordance with the basic regulation. the management section 24, paragraph 3, 1. paragraphs, see. Article 24, paragraph 1 1. point, and 3) to the inmates is advised of the possibility of complaint to the Directorate of Probation in cases where this is clear from section 28 (1) (8). 3, and on the deadline for filing a complaint, see. section 28 (3).

The transfer of inmates from open prison to semi-open Department



§ 14. If it must be deemed unobjectionable, and transfer to the semi-open department deemed relevant in relation to the prisoner's needs, can the inmates transferred from open prison to semi-open Department, once the conditions for transfer to closed prison is present.

(2). § 11 and § 13 shall apply mutatis mutandis by transfer to half-open section in accordance with paragraph 1.

Transfer of inmates between uniform detention institutions



§ 15. Decision on the transfer of prisoners between open prisons, closed jails between themselves or between the arrest houses after penalty enforcement § 26 and decision on the transfer of prisoners between semi-open departments themselves are taken by the prison and probation service area. In the case of transfer to an institution located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area.

(2). If the pasted udstår penalty of jail life imprisonment or detention, shall, before the transfer takes place, take direction to the Directorate of Probation.

(3). If the two correctional care areas disagree about whether the transfer should happen, settled the case by the prison and probation service area, which has raised the question of the transfer.

§ 16. In considering matters relating to transfers of inmates between similar institutions after penalty enforcement § 26 (1) (8). 2-6, 8, and (2) of section 13, paragraphs 1 to 3, and paragraph 4, nr. 1 and 2, shall apply by analogy.

The transfer of inmates from the courthouse to the jail



§ 17. Decision on transfer of inmates, as udstår point-in-time imprisonment, from the courthouse to the jail after the punishment Enforcement Act § 27, taken by the prison and probation service area. In the case of transfer to an institution located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area. If the prison and probation service areas are divided about whether the transfer should happen, settled the case by the prison and probation service area, which has raised the question of the transfer.

§ 18. Decision on the transfer of prisoners, which udstår the punishment of imprisonment for life or custody, from the courthouse to the jail after the penalty enforcement section 27 shall be taken by the Directorate of Probation upon the recommendation of the prison and probation service area. Before deciding, obtained an opinion from the Attorney General on the issue of transfer to an open prison.

(2). Although the inmates are covered by paragraph 1, deciding not to happen, however, that the transfer of the prison and probation service area when the question of transfer to prison under section 19 shall be taken into consideration at the prison and probation service area's initiative.

§ 19. If the inserted by the decision on the choice of the detention institution, placed in lockup after punishment Enforcement Act article 21, paragraph 3, nr. 1-3, or the inmates are transferred from the jail to the courthouse after punishment Enforcement Act section 28 (1) (8). 1-3, is the responsibility of the prison and probation service area to take the question of whether the inserted after the sentence enforcement Act § 27, paragraph 1, should be transferred from the courthouse to the jail, up for consideration when the after the available information must be assumed, that the conditions for the transfer are present.

(2). Furthermore, it is the responsibility of the prison and probation service area to raise the issue, as referred to in paragraph 1 shall be reviewed when the inmate has completed 2 unaccompanied exits without abuse as part of a regular starting course (weekend of the year).

(3). Finally, it is the responsibility of the prison and probation service area to raise the issue, as referred to in paragraph 1 shall be reviewed when the inmates have stayed under arrest House in 6 months, since the question of transfer to prison lately has been considered. However, this applies only when 1) an inmate who udstår punishment of prison in less than 5 years, either have permission for regular unaccompanied output (weekend out) or have passed the 1/4 of Penal times, 2) an inmate who udstår punishment of imprisonment for 5 years and until 8 years are allowed for regular unaccompanied output (weekend out) or have been served 1/3 of the Penal times , 3) an inmate who udstår punishment of imprisonment for 8 years or longer timed prison sentence, either have permission for regular unaccompanied output (weekend out) or have been served 1/2 of the Penal times, or 4) an inmate who udstår punishment of imprisonment for life or custody shall be authorised regular unaccompanied output (weekend of the year).

§ 20. When the question of transfer to prison, be taken up for consideration, the inmate shall be informed accordingly and given the opportunity to express their views.

§ 21. To be done note on correctional care area's attitude to the issue of transfer. If the prison and probation service area you will find that the transfer not to happen, the note include a statement of the reasons therefor. If the decision on the refusal of the transfer under section 17 or article 18, paragraph 2, must be taken by the prison and probation service area, must also include a statement, note 1) date of when the decision is notified to the inmates, and 2) to the inmates is advised of the possibility of complaint to the Directorate of Probation in cases where this is clear from section 28 (1) (8). 7-8, and on the deadline for filing a complaint, see. section 28 (3).

(2). If the prison and probation service area you will find that the transfer must happen, and the decision under section 18, paragraph 1, to be taken by the Directorate of Probation, informed the inmates thereof, before the case is sent to the Directorate-General.

(3). If correctional care area, to transfer should not happen, and the decision under section 18, paragraph 1, to be taken by the Directorate-General for prison and probation service, the prison shall be informed thereof. At the same time asked the inmates on the case submitted to the Directorate-General is desired. If the inmate wants it, the matter shall be referred to the Directorate. Before the question of transfer to prison shall be submitted to the Directorate, the inmates have the opportunity to comment, see. § 20.

§ 22. In considering matters relating to the transfer from the courthouse to the jail after the punishment Enforcement Act § 27, paragraph 2, no. 2-3, see section 13, paragraphs 1 to 3, and paragraph 4, nr. 1 and 2, shall apply by analogy.

The transfer of inmates from the lockup to semi-open Department



§ 23. If it must be deemed unobjectionable, and transfer to the semi-open department deemed relevant in relation to the prisoner's needs, can the inmates transferred from the courthouse to the semi-open Department, once the conditions for transfer to closed prison is present.

(2). §§ 17-18 apply mutatis mutandis by transfer to half-open section in accordance with paragraph 1.

The transfer of inmates from the jail to the courthouse



§ 24. Decision on transfer of inmates, as udstår point-in-time prison, from jail to the courthouse after punishment Enforcement Act section 28 shall be taken by the prison and probation service area. In the case of transfer to an institution located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area.

(2). If the two correctional care areas disagree about whether the transfer should happen, settled the case by the prison and probation service area, which has raised the question of the transfer.

§ 25. Decision on the transfer of prisoners, which udstår the punishment of imprisonment for life, or assigned, from jail to the courthouse after penalty enforcement § 28, paragraphs 1 and 3 shall be taken by the Directorate of Probation after the prison and probation service area's setting to the Directorate.

section 26. In considering matters relating to the transfer from prison to the courthouse after penalty enforcement § 28, paragraphs 1 and 2, section 13, paragraphs 1 to 3, and paragraph 4, nr. 1 and 2, shall apply by analogy. In section 13 (4) of the said note shall also include a statement that the detainees are advised of the possibility of complaint to the Directorate of Probation, see. section 28 (1) (8). 4, and on the deadline for filing a complaint, see. section 28 (3).


§ 27. Decision on transfer from jail to the courthouse for a certain period of time after the punishment Enforcement Act section 28, paragraph 2, shall be taken by the prison and probation service area. In the case of transfer to a courthouse located in another area of the prison and probation service, taken the decision to transfer after prior discussion with the concerned prison and probation service area. If the two correctional care areas disagree about whether the transfer should happen, settled the case by the prison and probation service area, which has raised the question of the transfer.

(2). If the pasted udstår penalty of life imprisonment or prison custody, who, prior to this transfer, take direction to the Directorate of Probation.

Chapter 3 Administrative complaint rules and entry into force, etc.

section 28. The following decisions of the prison and probation service area may be appealed to the Directorate of probation: 1) A decision in accordance with the sentence enforcement Act section 21, paragraph 3, for the affixing of the lockups.

2) A decision in accordance with the sentence enforcement Act section 22, paragraphs 3-5, about placing in closed prison, where (a)) the decision relates to a convicted with a penalty of imprisonment for less than 5 years, and (b)) the sentenced person is not in a period of 2 years prior to the time of decision is released from the closed institution.

3) A decision in accordance with the penalty enforcement section 25, paragraphs 1 to 4, for a transfer from open prison to closed prison.

4) A decision in accordance with the sentence enforcement Act section 28, paragraph 1, on the transfer from prison to the courthouse.

5) A decision in accordance with the sentence enforcement Act section 24, paragraph 1, concerning the refusal of the transfer from the closed prison to an open prison, where the inmates are housed in closed prison after criminal enforcement section 22, paragraphs 2 to 4, and has completed two unaccompanied exits without abuse as part of a regular starting course (weekend of the year).

6) A decision in accordance with the sentence enforcement Act section 24, paragraph 1, concerning the refusal of the transfer from the closed prison to an open prison, where the inmates are transferred from open prison to closed prison under section 25, paragraphs 1 to 4, and has completed two unaccompanied exits without abuse as part of a regular starting course (weekend of the year).

7) A decision in accordance with the sentence enforcement Act § 27, paragraph 1, concerning the refusal of the transfer from the courthouse to the jail, where the inmates are housed in County Gaol pursuant to section 21 (3), no. 1-3, and has completed two unaccompanied outputs as part of a regular starting course (weekend of the year).

8) A decision in accordance with the sentence enforcement Act § 27, paragraph 1, concerning the refusal of the transfer from the courthouse to the jail, where the detainees have been transferred from the jail to the courthouse under section 28 (1), and has completed two unaccompanied outputs as part of a regular starting course (weekend of the year).

9) A decision in accordance with the sentence enforcement Act Chapter 7 about fitting in or transfer to a prison Department or a County gaol, which after penalty enforcement section 33, paragraph 2, is certain that the community must be carried out as the cell community with another inmate in own rest room after prison quantification.

10) A decision refusing the transfer from a prison Department or a County gaol, as mentioned in point 1. 9, to an institution where there is common closet in accordance with sentence enforcement § 33 (1).

(2). A renewed decision refusing the transfer referred to in paragraph 1, no. 5-8, in the cases referred to an appeal may be lodged to the Directorate of Probation when the elapsed 6 months ago there was taken a decision on the issue.

(3). Complaint to the Directorate of Probation must be initiated within two months after the decision is communicated to the convicted. Directorate of Probation may, in exceptional cases, dispense with this deadline.

(4). A complaint to the Directorate-General for prison and probation service has no suspensive effect, unless the prison and probation service area or the Directorate shall take provision to that effect.

section 29. The notice shall enter into force on the 6. may 2015.

(2). Executive Order No. 775 by 26. June 2014 on placement and transfer of persons who must endure imprisonment or detention (the space and transfer notice), is repealed.

The Ministry of Justice, the 30. April 2015 Faamoe/Johan Reimann

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