Advanced Search

Executive Order On Prisoner's Access To The Community, Etc. With Other Inmates In Prison Institutions (Community Notice)

Original Language Title: Bekendtgørelse om indsattes adgang til fællesskab m.v. med andre indsatte i kriminalforsorgens institutioner (fællesskabsbekendtgørelsen)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Common rules
Chapter 2 Included in inmates for certain hours of the day
Chapter 3 Lock out in the absence of an intervention from his own lounge.
Chapter 4 Special rules for community in the jail of Copenhagen (Copenhagen Prison)
Chapter 5 Administrative Board Access
Chapter 6 Entry into force

Completion on the access of prisoners to Community and so on with other inmates in the institutions of the Criminal Investigation (Community Order Decision)

In accordance with section 33 (4), 6, section 33 a (a), 6, section 105, paragraph. 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 :

Chapter 1

Common rules

§ 1. Inmate has access to community with other inmates following the section 33 of the Enforcement Act.

Paragraph 2. The section 33 of the Criminal Enforcement Act, section 33 a and this notice shall apply mutatis muchases to the arrest of a person who is not isolated in accordance with the law of the law.

§ 2. The area of the Department of Corrects shall be determined in the light of circumstances within each institution concerning the implementation of the ACU's access to community with other inmates. It may include, in particular, rules on locking of accommodation, departments and joint rooms, work and educational premises, etc., as well as access to visits, correspondence and telephone conversations between the inmates of the institution.

Cell community in special prison departments and arresthuse in accordance with the provisions of Article 33 (3) of the penalty. 2

§ 3. The Directorate of the Criminal Investigate may decide that the community in a prison branch or an arresthus designated for the placement of inmates whose attendance creates a special risk of abuse of fellow inmates, staff or others ; the institution is carried out as a cell collectively with another inserted in its own accommodational area, cf. Section 33 (4) of the sentence of the sentence. 2.

Paragraph 2. The Department of Corrects shall take a decision on which prisoners can have a cell together. It is a prerequisite that the inmates want to have a cell together with each other.

Paragraph 3. A cell community must be accessible at leisure at least two hours daily and as far as possible.

Paragraph 4. The Department of Correctives shall decide whether an inmate may be given permission to be employed in conjunction with another inmate in the cell.

Paragraph 5. The Department of Corrects shall decide whether an inmate may liquidate the courtyard with another inserted.

Paragraph 6. The staff shall be continuously aware of the state of the individual work and shall immediately notify the Criminal Investigate area if any suspect is suspected of suffering from a mental condition in the case of a residence in the department.

Non-persistent restrictions or repealing the Community in exceptional situations following the section 33 of the sentence of the sentence

§ 4. For a decision, in accordance with the provisions of Article 33 (a) of the Pension Act, Paragraph 1 shall, in determining the extent of the measure, carry out a weighing of the intended purpose of the intervention against the discomfort and the discomfort which the procedure may be considered to cause. The same applies to a decision to maintain the measure.

Paragraph 2. The area of the crime shall be considered on a daily basis as to whether a measure pursuant to Article 33 (a) (a) of the Criminal Enforcement Act 1, may be deleted or restricted, cf. Article 33 (a) of the sentence of the sentence. In this respect, the area of reference shall be implemented as far as possible in order to ensure that the conditions are normalized as quickly as possible.

Paragraph 3. The range of detectives shall be assessed on a daily basis as to whether there are inmates to be taken out of the measure, for example, by transfer to the second institution, cf. Article 33 (a) of the sentence of the sentence. 4.

Paragraph 4. The Department of Correction shall be notified to the Department of Correction of the Criminal Investigate of a Decision following the sentence of Article 33 (a) (a) of the Criminal Code. 1, and shall inform the Directorate on a daily basis as long as the decision is maintained, cf. Article 33 (a) of the sentence of the sentence. 5.

Paragraph 5. If the complete waiver of the community has a duration of more than 14 days, section 6 (4) days shall be found. ONE, TWO, THREE. pkt., paragraph 2, and paragraph 1. 3, no. 1, in the notice of the exclusion of Community applicable. The inmates shall be weighted on the special rights and offers to them in accordance with the said provisions.

Paragraph 6. If conditions do not permit the inmates to be given access to the workplace, then inmates must be offered cell work as far as possible.

Inserted units at specially secured departments

§ 5. If an inmate without being excluded from Community after the section 63 of the Enforcement Act is placed in a specially secured section, and it is not possible to establish a community between the person concerned and other inmates, section 6-8 and section 10 i Community exclusion shall apply mutatis muctis.

Chapter 2

Included in inmates for certain hours of the day

§ 6. In closed prisons, the prisoners ' own lounge can be locked in the period between time. 9 p.m. and at 9 p.m. 08.00.

Paragraph 2. In the house of succession (Copenhagen Prison), the area of residence may be locked up for 24 hours a day, cf. however, § § 11-19.

Paragraph 3. In closed prisons and arresthuse, inmates can be locked up in their own lounge or on the second place of residence in the working time, if the inmate

1) may not be engaged in an approved activity due to disease ;

2) during a short period of time not employment, while considering which of the job of the institution concerned, the person concerned should be attached ; or

3) has been exempted from employment on the occasion of a religious holiday.

§ 7. In open prisons, the prisoners ' own lounge can be locked in between time. 9 p.m. and at 9 p.m. It is appropriate and justifiable in accordance with the conditions laid down by the appropriate and security conditions in the individual institution.

Paragraph 2. In open prisons, prisoners may be locked into their own habitat or at other places of residence in the working time, if the prisoner is held in office ;

1) may not be engaged in an approved activity due to disease ;

2) during a short period of time not employment, while considering which of the job of the institution concerned, the person concerned should be attached ; or

3) has been exempted from employment on the occasion of a religious holiday.

Chapter 3

Lock out in the absence of an intervention from his own lounge.

§ 8. Inmates in the family of Copenhagen (Copenhagen Prison) may, in the absence of their own accommodation, require this to be locked by the personnel measure.

Paragraph 2. Other inmates who have access to community with other inmates shall, as far as is practicable, have access to the locking of their own habitat area.

Paragraph 3. In any case, the staff shall be given the opportunity to obtain access to sealed accommospaces.

§ 9. If the inmate is absent due to the exclusion of Community, place of questioning, penalty or security cell, or if necessary in connection with a study of the resident or in the case of a person being investigated, the use of force. Moreover, its own rec rooms may be unlocked, provided that in any other particular case is necessary for the sake of the order or security.

§ 10. In cells with more than one inmate, a lockdown shall be locked in accordance with section 8 (3). 1, and section 9 only happens if all prisoners have left the cell.

Chapter 4

Special rules for community in the jail of Copenhagen (Copenhagen Prison)

Community in Community spaces, etc.

§ 11. To the extent that is provided for this, the inarresthet shall be incorporated into the Community spaces and so on, where the inmates may have a community.

§ 12. If there is an established Community space or an establishment of free-time activities in the case of gangareals and similar, inmate access may be granted during leisure time to the extent to which it is estimated that the situation in the individual institution is deemed to be deemed necessary safe and sound defensible.

§ 13. If, in the house of succession, established common spaces where prisoners are employed by working or teaching, inmates may access to it to the extent that, in the light of circumstances in the individual institution, the oriental and safety conditions are deemed to have been deemed to have been deemed to be appropriate ; defensible.

§ 14. In the herb office, the extent to which it is possible in the circumstances of each institution is possible, the time-scale offer where several inmates have the opportunity to participate jointly.

§ 15. Community under sections 12 to 14 shall be subject to supervision or, where appropriate, the transfer of staff to the extent or security considerations, including the risk of offenses, including the risk of inmates, to the extent of the risk of inmates.

Paragraph 2. Gårdtur of the provisions of Article 43 (3) of the Enforcement Act. Article 29 (3) and Article 29 (3). 3, in the notice of residence in custody, shall be held under the presence of staff, cf. however, paragraph 1 3.

Paragraph 3. In exceptional cases, the Department of Corrections may provide that the farm of an arresochoffice in a house of successors should instead be carried out under the supervision of personnel, to the extent that this is considered compatible with the respect of the law and security.

§ 16. Before giving an inmate consent to the Community as referred to in section 12 14, it shall be assessed whether or not this is justified in the light of the circumstances in the institution of the ordination and security.

Cell community

§ 17. If the inserted person does not have a community after paragraph 12, then the inmate should have access to a cell community (managed community with another inserted in its own lounge) in the time period. It is a prerequisite that there is an inmate that wants a cell community with that in question. If present and security defensible, cell colleges between more than two inmates may be allowed to be authorized in exceptional circumstances.

Paragraph 2. Cell collectively between two or more specific prisoners in accordance with paragraph 1. 1 requires the consent of staff.

Paragraph 3. An inmate can only be excluded from a cell community if either the conditions in the section 63 of the execution of the penalty law are met or the inmate has a community after paragraph 12.

Local directional lines

§ 18. The area of the Department of Correction shall be determined in the light of the circumstances in each institution for the number of inmates at a time to participate in sections 12 to 14 and the courtyard, in accordance with section 12 to 14 and the grounds for the period of entry. the section 43 (3) of the penalty. Article 29 (3) and Article 29 (3). 3, in the notice of residence in custody.

§ 19. The rules laid down by the Criminal Investigate shall, in accordance with section 2, contain provisions for the period in which the inmates have access to the Community after sections 12 to 13 and section 17. There must be community access after either § 12 or § 17 at least two hours per day, and as far as possible. If the specific order and safety conditions are applied, the duration of community in the period of free time after § 12 or § 17 may be less than two hours.

Chapter 5

Administrative Board Access

20. Decisions of the Criminal Investigation Act, which, notwithstanding the fact that no decision has been taken on the exclusion of Community under the section 63 of the Criminal Code, means that the inmate does not have a community with one or more inmates, because that is not possible to establish a community between the person concerned and other inmates, cf. Section 33 (4) of the sentence of the sentence. One may be complained to the Board of Correction of the Criminal Investigenation.

Paragraph 2. Decisions taken by the criminal investigation area of the temporary restriction or the abolition of the Community in exceptional situations following the section 33 (a) of the Criminal Enforcement Act, section 33 (a), One may also be complained to the Executive Board of the Correction Office.

Paragraph 3. The Executive Board of the Criminal Corrector shall be implemented within two months. The time limit for appeal against decisions covered by paragraph 1. 1 is taken from the time when the failure to join a community is terminated. The time limit for appeal against decisions covered by paragraph 1. 2 is taken from the time the measure ends. The Executive Board of the Criminal Office may, in exceptional cases, be disregarded from this period.

Paragraph 4. 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.

§ 21. When a decision is taken as referred to in section 20 (2), In the case of 1 and 2, a note is to be made that the inmate is informed of the possibility of filing a decision on the Director Board for the Department of Correction and the time limit for filing a complaint, cf. Section 20 (2). 3.

Chapter 6

Entry into force

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

Paragraph 2. Publication no. Thirty-six of seven. In January 2014, the access of prisoners to Community and so on with other inmates in the institutions of the Criminal Order (Community notice) is hereby repealed.

Justice Department, the 9th. April 2015

Mette Frederiksen

/ Johan Reimann