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Executive Order On Prison Supervision With Parole, Conditional Convicted, Etc. (Regulatory Decree)

Original Language Title: Bekendtgørelse om kriminalforsorgens tilsyn med prøveløsladte, betinget dømte m.v. (tilsynsbekendtgørelsen)

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Publication of the parole inspector's parole probation, suspended sentence, etc. (Supervisory notice)

In accordance with section 85, section 98, § 102, section 105 (5). 2, and section 111 (1). 3, in the Act of the Enforcement of Retribution, etc., cf. Law Order no. 435 of 15. May 2012, as amended by law no. 739 of 25. June 2014, set :

Conventing of the Bekendom Decision

§ 1. The announcement shall apply in the implementation of :

1) the inspection and special conditions laid down in the case of suspended sentence, probation from detention, the pardon of the cases covered by the Penal Code of Section 43, the suspension or otherwise in accordance with the provisions of the Criminal Enforcement Act, apart from posting to his own place of residence under intensive surveillance and control in accordance with Article 48 (4) of the Enforcement Code. 2, no. 3, and the ensuing of penalties in the place of residence under intensive surveillance and control after the Enforcement Act of Chapter 13 a, and

2) Community service conditions laid down in accordance with Penal Code § 40 (a) or § 63.

First Meeting

§ 2. An inmate who is released on probation under surveillance shall be met with or receive a visit from the Criminal Investigate area within one week of the release.

Paragraph 2. Other persons having a term of supervision shall attend or receive visits to the criminal area within 14 days of the receipt of the decision to establish the terms and conditions of supervision for the purpose of the term of the term of the term.

Paragraph 3. In the meeting, the Department of Correctives shall in the sitting guide the client of the rights and duties of the supervision and any special conditions, including the effects of any violation, cf. Article 82 (2) of the sentence of the sentence. Paragraph 1, and section 95 (5). 1.

§ 3. Unconditional special conditions for treatment, accommodate in particular institution etc. shall be carried out immediately after the first meeting, unless they have already been implemented, cf. however, paragraph 1 2.

Paragraph 2. The Terms and Conditions of Structured, controlled alcohol on probation for a suspended sentence shall be carried out as soon as possible and within 14 days of the receipt of the judgment from the police for the execution of the term of the term. The processing area must approve the processing as structured and verifiable.

Contact Frequency

§ 4. The rate of contact shall be determined after the first meeting of a total assessment of the need for support and control, so that the first two months shall be in contact at least every two weeks of the first two months. In the remaining probation period, the contact may be limited to once a month unless the client's relationship is more frequent in contact, cf. however, paragraph 1 2.

Paragraph 2. The rate of contact can be limited if special circumstances are therefore to speak.

§ 5. Moves the client so that the new place of residence belongs to another area of criminal jurisdiction, the new criminal area must be in contact with the client within 14 days of the fact that this authority has become familiar with the move.

Level of action

§ 6. The area of the Department of Correctors shall take the initiative to establish the plan to be drawn up, cf. Article 82 (2) of the sentence of the sentence. Article 95 (2) and Article 95 (3). 2, shall be coordinated with the local authorities in accordance with the section 10-13 of the scope for action plan.

Paragraph 2. The plan must be at least every 3. month is compared with the client's relationship during the monitoring period and, if necessary, adapted to changes in these circumstances.

Paragraph 3. Immediately before the inspection period expires, the criminal area of the criminal investigation shall be used to assess the progress of the plan.

Estate Travel

§ 7. A client may travel to a country up to a week if the conditions laid down are not infringed, cf. however, paragraph 1 2. A long-term journey of longer duration that has not been approved by the Department of Correctors shall be considered to be an arbitrary violation.

Paragraph 2. A client who's in a probing sequence can only travel abroad with permission from the Department of Corrective Services. A trip abroad made without authorisation shall be considered to be an arbitrary violation.

Community-service only

§ 8. If Community service conditions are laid down in a suspended sentence, the sentence shall be truncation in the sentenced hours of community service after paragraph 86 (86) of the penal code. 3 if the client has been arrested on the grounds of the case, in custody or in the case of mental examination. The decision shall be made in accordance with the rules laid down 2-6.

Paragraph 2. The calculation of the number of truncation days shall be made on the basis of the information in the judgment on the duration of detention, deposit and isolation resulting from the abbreviation of section 86 (86) of the Penal Code. ONE, THREE. Act.

Paragraph 3. The number of truncation days shall be counted from the day on which the arrest, imprisonment or presentation has been carried out until and with the date on which it has been terminated. If the detention or submission of detention later on the same day as it was brought to an end, this is considered to be a continuous period.

Paragraph 4. If the client has been isolated from the law of the court, then the number of truncation days in accordance with paragraph 1 shall be taken to the number of truncation days. 3, further one day for the first isolation day, and another day for each subsequent three-day period, the application of the isolation has taken place.

Paragraph 5. The total number of days, in accordance with paragraph 1, 3 and 4 shall be the abbreviation days to be included in the calculation in accordance with paragraph 1. 6.

Paragraph 6. Truncation shall be made in accordance with the same fraction in the number of hours of Community service, the fraction of the number of truncation days after paragraph 1. 5 shall be the sentence of the sentenced sentence of imprisonment. The calculation will be rounded to the nearest number all days. If the sentence of the sentence is suspended for a period of 30 days, the sentence of the sentence is due.

Paragraph 7. The client must be aware of the number of hours of community service which after the truncation must be carried out by the first call with the CSA on the enforcement of Community service.

Paragraph 8. Note on the date on which the client is made aware of the calculation and the possibility of bringing the issue of the calculation of the Department of Correction into the Criminal Investigenre, cf. § 15.

§ 9. If the community service conditions are set by a suspended sentence, the Criminal Investigation may decide that the client as part of the community service must participate in a treatment or training programme, cf. the section 101 (1) of the sentence. At least two thirds of the specified number of hours must, however, be carried out as unpaid work, cf. the section 101 (1) of the sentence. 2.

§ 10. The Department of Correctives shall conclude an agreement with a place of work on the execution of community service. In addition, the range of detectives shall conclude an agreement with the place of work and of the client on the deviation times for the community service.

Stk.2. Where a decision has been taken to release an inmate on the terms of Community service, the agreements shall be referred to in paragraph 1. One must be concluded before the release takes place. However, if there are exceptional circumstances, the agreements may be concluded up to 10 days after the release.

Paragraph 3. If a client is sentenced to subject to Community service conditions, the agreements must be concluded without delay and within 20 days of the receipt of the judgment from the police for the execution of the term of the term.

Paragraph 4. If the client wishes to amend an agreement on depotable hours, authorisation may be granted only if, in exceptional circumstances, there are exceptional circumstances.

§ 11. Where a decision has been taken that the client as part of the community service must take part in a treatment or training programme, cf. Section 9 is a criminal area agreement with the client and the treatment facility, or the education rather than dismantling of this part of the community service.

§ 12. Community service provided for under conditions of a conditional sentence shall be conducted continuously over the long-term period and must not be less than completed when two thirds of the period elapsed, unless exceptional circumstances are available, cf. the section 101 (1) of the sentence. In the case of Community service provision as a condition for the parole, the Community service shall be continuously phased over the period laid down and must be executed at the earliest stage of two thirds of the deviation period, unless there are special circumstances.

Paragraph 2. If the client is to perform community service for 60 hours or more, the client may not perform more than 24 hours in a single week unless absolutely specific circumstances apply.

Paragraph 3. If the client is to perform community service for less than 60 hours, the client may not perform more than 12 hours in a week unless absolutely specific circumstances apply.

Volunteering supervision

§ 13. The Department of Criminal Investigates may voluntarily supervise an intentional charge in criminal proceedings and a convicted felon.

Paragraph 2. Volunteering will require the client to have a need for assistance and guidance.

Paragraph 3. The Department of Correctives and the client shall enter into a written agreement on the supervision. The client may, at any time, free themselves from the supervision.

Competence

§ 14. Supervision shall be carried out by the criminal area in whose territory the client is domiciled or resides unless otherwise agreed.

Administrative Board Access

§ 15. Decisions taken by the Criminal Trial Office on truncation in the sentenced number of hours of community service in accordance with section 8 may be enclamed to the Board of Correction of the Department of Correction, unless the complaint is justified in the interpretation of the sentencing judgment, cf. Legal spellletop, section 998.

Paragraph 2. The Board of Corrective Services shall be made available within two months after the decision has been notified to the person convicted. The Executive Board of the Criminal Office may, in exceptional cases, be disregarded from this period.

Paragraph 3. A complaint to the Board of Corrective Office shall not apply to the Department of Correctional Services unless the Department of Correctional Services or the Directorate-General shall decide on this subject.

Entry into force

§ 16. The announcement shall enter into force on the sixth. May 2015.

Paragraph 2. Publication no. 726 of 26. June 2006 on the supervision of the parole of the parole, suspended sentence and so on. (The notice) is hereby repealed.

Ministry of Justice, the 30. April 2015

Mette Frederiksen

/ Johan Reimann