Publication of the exclusion of inmates, including placing in observation cell, etc., in prisons and arresthuse (announcement of exclusion from community)

In accordance with section 63 (2), Ten, section 64, paragraph. 2, 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, and section 776, 1. 3. pkt;, in the law of the court's care, cf. Law Order no. 1308 of 9. December 2014, set :

Common rules

§ 1. Inmates may be excluded from the Community following the section 63-64 of the Enforcement Act. The section 63-64 of the Criminal Enforcement Act, section 63-64 and this notice shall apply mutatis mutinis to the detention of the detention system.

Paragraph 2. The provisions of section 63 and sections 3 to 5 and section 9-12 of this notice shall apply to any form of exclusion from community with other inmates, cf. However, the section 64 of the Enforcement Act.

§ 2. Under exclusion from community, including affixing in observation cell, etc., cf. the section 63-64 of a criminal law may exercise its normal rights to the extent that it is compatible with the recast. The Department of Corrects shall provide the necessary assistance to the inmate in this connection.

Paragraph 2. There can be no restrictions on the right of inaudited exchange of letters as referred to in paragraph 56 (6) of the Enforcement Act. 1.

Exclusion from community

§ 3. When an inmate is excluded from Community after the section 63 (6) of the Enforcement Act. 1, no. TWO, ONE. indent, with a view to the inmate giving a urine sample, the exclusion must be brought to an end once the inmate has given a urine sample and no later than three hours after the exclusion has been initiated.

§ 4. For temporary deferral from community, cf. section 63 (3) of the penalty. 3, as quickly as possible, the detainee shall be informed of the legal rules of the decision and shall be given the opportunity to express their views on the case.

Paragraph 2. Non-persistent deferral from Community must not be extended for longer than it is necessary to deal with the issue of exclusion from Community or transfer. Temporary exclusion may not exceed five days, unless exceptional circumstances apply.

§ 5. Before a decision is taken on the exclusion of Community, cf. Section 63 of the execution of a criminal offence shall be made aware of the availability of assistance and the opportunity to express an opinion.

Paragraph 2. The decision shall be taken on the basis of the information available. The Department of Corrects shall decide whether it is necessary to obtain further information or to carry out the examination of personnel or prisoners for clarification of the circumstances. In the case of consultations, the interrogations shall be given the opportunity to approve the minutes of its explanation and shall be recorded in the minutes of the hearing whether or not the approval has been made.

Paragraph 3. Interrogations must be overawaed by one of the members of the Department of Corrections.

Paragraph 4. Note about the trufn decision in the process of elimination of the client system. The memo must contain

1) a rendering of what has been reported,

2) information on the determination of a decision on the exclusion of Community,

3) information on the date and time of the decision to be notified to the inmate,

4) information that the inmate is informed of the possibility of filing a complaint to the Executive Board of Correction, in cases where this is stated in section 23 (4). 1,

5) an indication of when the time limit to lodge a complaint expires, in cases where the possibility of appeal is made in accordance with the decision. Section 23, paragraph 1. 2, and

6) information that the inmate is informed of the rules of law which the decision has been made in accordance with, cf.. section 24 (4) of the administrative act. THREE, ONE. pkt., cf. section 24 (2). ONE, ONE. Act.

Paragraph 5. The memo must contain a rendition of the explanations given to the minutes, which shall be recorded, while the person giving its explanation shall be present. The memo shall also contain details of the basis of which the decision has been taken. The brief will include information on possible restrictions on the right to be assisted by others at any time. The memo must contain a reason for the decision. The justification must include a reference to the rule of law, the decision has been taken and to indicate the principal concerns which have been determined in accordance with the actual circumstances of the decision, which are essential for the decision, appear.

§ 6. Inmates which have been excluded from Community for more than 14 days shall be weighted in detail on the special rights and offers to them in accordance with this provision and section 7. In order to reduce the particular strain and risk of disturbation of mental health linked to the exclusion of Community staff, the staff shall regularly pay particular attention to the exclusion of inmates excluded from the Community ; Together for more than 14 days, there is a need for increased staff contact, supervision of doctor, including a psychiatrist, and so on to the staff, to pay attention to the fact that this need is increased in line with the duration of exclusion.

Paragraph 2. In relation to inmates which have been excluded from Community for more than 14 days, the staff shall pay particular attention to whether, in reference to the conditions of the work, the institution may be compared with the order and security of the institution to be carried out ; Implements, for example, in the form of :

1) community with one or more other inmates in the cell or in the courtyard,

2) the ability to work jointly,

3) activities in free time with one or more other inmates or with staff.

Paragraph 3. Inmate who has been excluded from Community for more than 14 days shall also :

1) are offered regular and long-term conversations with, for example, priest, doctor or psychologist,

2) have television provided free of charge, and

3) have specific access to private classes and work, including other approved activity, which may contribute to reducing the particular strain and risk of disturbation of mental health linked to the exclusion of Community.

§ 7. An inmate who, after the sentence of the Enforcement Act, Section 63, paragraph 6. 9, 2. .. Exceptionally, no Community has been excluded for more than three months, in addition to the tender referred to in section 6 as far as possible and by a specific assessment of the needs of the person concerned with its oral and security conditions, are offered.

1) specially equipped cell, and

2) opportunity for extended visits.

§ 8. Inmates under 18, which have been excluded from Community in a continuous period of more than four weeks of duration and 18-year inmates or more, who have been excluded from Community in a continuous period of more than 6 cases, months of duration, in addition to the activities resulting from section 6 7, are offered at least 3 (3) hours of daily invocation with personal contact.

Paragraph 2. In the case of the Department of Corrections, the Probation of Corrections shall, in cooperation with the inmates, make a weekly basis for their activation in accordance with paragraph 1. 1.

§ 9. When exclusion from community is ended, cf. section 63 (3) of the penalty. 8, 1. point, must be made about the date and time of the elimination of the exclusion.

Paragraph 2. A note shall also be made on the grounds for the examination of the Criminal Investigate Act pursuant to section 63 (3) of the Criminal Enforcement Act. 8, 2. a point, whether in whole or in part, the elimination of the exclusion, including the date and time of the consideration. The notation must also contain a plan for bringing the inmates back to the community, including how to be relaxated in the process of exclusion from community, cf. Section 6 (2). 2.

Paragraph 3. The one in paragraph 1. 2 the note referred to shall be approved by the managing director, the area manager of the client case handling, or the person who has been granted jurisdiction by a separate authority.

§ 10. When an inmate has been excluded from Community for 14 days, it must be reported to the Directorate for the Criminal Investig. The same applies at the end of each subsequent 14 days period. The report shall, together with the report, submit a copy of the provisions referred to in paragraph 5 (5). 4 and 5, note and copy of the notes referred to in section 9 (5). Two, mentioned notes.

§ 11. If the Department of Correction finds that it is exceptionally necessary to exclude the detainees from Community for a period exceeding three months, the Department of Correction shall send a recommendation to the Executive Board of the Executive Board ; The Department of Corrective Services. The Office shall be responsible for submitting the setting to the Directorate, so that it is received two weeks before the exclusion has lasted three months, with the aim of the directorate to decide before the exclusion period exceeds three months.

Paragraph 2. Before the Direqutorate of the Criminal Court decides, the inmate has the right to have a call with a representative of the directorate. In the case of the Department of Corrects, the setting of the detainees shall ensure that the inmate is made aware of this right and whether the inmates wish to use them.

Paragraph 3. If the Director for the Department of Correction has taken a Community decision on deferral for more than three months, the Department of Correction of the Department of Correction shall be required of the Directorate-General for the exclusion of Community exclusion in part or in part. at least once a week, they shall submit, pursuant to section 9 (2), 2, drew up notes for the directorate.

§ 12. Inserted, which are excluded from Community, are right and obligation to be employed in accordance with the rules of section 38 to 42 and to the employment notice, unless the exclusion has taken place on the basis of the fact that the person in question is longer in the process of : refused to take on employment in the institution, cf. section 20 of the employment notice referred to in paragraph 20 of this Article. 1.

Paragraph 2. The inmate also has access to free air in accordance with the rules laid down in Article 43 (3) of the Enforcement Act. 3.

Paragraph 3. The inmates can only participate in the services held in the institution when it is estimated that there are no cores and safety problems associated with it.

§ 13. The Department of Corrections may lay down rules on the restriction of access to including own objects in cases where an inmate being excluded from the Community is isolated in the accommodaments of a special department or in a house of arresis. However, as far as exclusion from Community is concerned for more than seven days, only restrictions can be established in specific terms in the institution or in particular security reasons.

Enforcement of isolation in particularly secure sections and accommospaces in closed prisons and arresthuse

§ 14. Decision on affixing to section 63 (3) of the Pension Act. 5, and the termination of the application shall be made by the Executive Board of the Department of Corrections after discussion with representatives of the criminal areas involved.

Paragraph 2. The Executive Board of the Criminal Investigation shall consider at least once a week to consider the issue of wholly or partly to terminate the application. The Directorate-Board shall in this connection from the criminal areas involved shall be received in accordance with section 9 (4). Two, drafted notes.

§ 15. Appeal to be used as far as possible in cells greater than normal and fitted with a better equipment standard.

Paragraph 2. In the application of the inmate, a thorough inspection shall be carried out on the subject. Anyone who tilts the person in question must make a note of this in the process of elimination of the client system. In the process of elimination, provision must be made for information on the timing and information on the condition of the person concerned and any comments on the need to maintain the application.

Observatory affining

§ 16. Position in observation cell following the section 64 (4) of the Enforcement Code. 1, no. 1, may only take place if :

1) it is necessary to prevent the destruction of the vandalism,

2) the essential considerations of order and security in the institution are required, or

3) special observation is needed.

Paragraph 2. The affixing of the observation cell shall not be carried out where the application of the intended purpose and the infringement and the discomfort which the procedure may have taken into entrails shall be a disproportionate intervention.

§ 17. The affixing can only be carried out in a cell approved as an observation cell of the Dispotorate of the Correction Office.

Paragraph 2. A cell approved as an observation cell may not be used for other purposes without the general authorisation of the directorate.

§ 18. The affining of the observation cell shall be carried out as well as circumstances permit.

Paragraph 2. The application shall be terminated without delay when the conditions for this are no longer fulfilled.

§ 19. Decision on affixing in observation cell and the termination of the application shall be made by the criminal area of the criminal area.

Paragraph 2. The range of detectives shall immediately make a note of the passage in the centre of the client system's observation cell module. The observation cell module shall take note of the decision and the reasons for it, information on the date and time that the decision has been notified to the detainees and information on the grounds for the investigation of the criminal area under Article 20. When the inmate is informed of the possibility of complaint to the Board of Correction of the Department of Correction and the expiry date of the time limit for filing in the case of the Criminal InvestiOffice. section 23, this report shall be provided.

20. A doctor should be referred to as a doctor.

1) there are suspected cases of disease, including injury, in the case of the inmate in connection with the application ; or

2) the inmate is requesting medical assistance.

Paragraph 2. In connection with the application, investigation of the person being taken shall be carried out, cf. Article 60 of the Criminal Enforcement Act, unless the criminal area estimates that it is unnecessary. If necessary in the case of a case, the inmate may also be converted. The inmates shall, where appropriate, be requested to carry out the adhetacation themselves.

§ 21. During the application of the inmate, the staff shall be subject to regular staff. Anyone who sees the person in question shall make a note of this in the schema of the client system's observation cell module, whether any changes have been made in the conditions of the action. The note shall indicate the date and time of the supervision and information on the condition of the person concerned and any comments made on the need to maintain the application.

Paragraph 2. Where provision is made to maintain the affinity of the application in observation cell for more than three days, the Criminal Office shall be required to report to the Directorate for the Criminal Investigation. The report shall contain a detailed reason why the conditions for continuing affixing in observation cell are considered to be fulfilled, and should also refer to the information listed in the system's observation cell module.

Stay in their own habitat or on the second known location.

§ 22. A decision that an inmate temporary (for a few hours) shall remain in his own lounge space or that an inmate who refuses to be occupied with one of the criminal grounds approved activity shall be in his own habitat or in other areas. in the area of residence, may be made by the Criminal Investigate area, cf. the section 64 (4) of the sentence of the Penance 1.

Paragraph 2. The determination of residence in accordance with paragraph 1. 1 shall be repealed immediately where the conditions for this are no longer fulfilled, including at the end of the regular working time.

Administrative Board Access

-23. The following decisions taken by the Criminal Office may be enclared to the Executive Board of the Criminal Investigate :

1) A decision on the exclusion of Community after the section 63 (6) of the Enforcement Act. 1.

2) A decision on the exclusion of Community after the section 63 (6) of the Enforcement Act. 2.

3) A decision on temporary exclusion from the Community following the section 63 (6) of the Enforcement Act. 3.

4) A decision on affixing in particular observation cell of the legal and safety grounds of the section 64 (4) of the sentence of the law. 1, no. 1.

Paragraph 2. The Executive Board of the Criminal Office shall be initiated within two months after the procedure has been discharged. 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

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

Paragraph 2. Publication no. 283 of 26. March 2012 on the exclusion of inmates, including placement in observation cell, etc., in prisons and arresthuse (announcement of exclusion from community) are deleted.