Regulations implementing the sanctions compulsory care
Date FOR-2001-12-21-1523
Affairs Ministry of Justice
Published in 2001 Booklet 16
Commencement 01.01.2002
Edited
FOR-2015-09-18-1064 from 10/01/2015
Changes
For
Norway
Legal
LOV-1902-05-22-10-§39a, ref. LOV-2005-05-20-28-§64
Promulgated
04/01/2002
Short Title
Regulations on compulsory care
Chapter Overview:
Chapter 1. General provisions (§§ 1-3)
Chapter 2. Agreements on the implementation of sanctions outside phage assembly (§§ 4-11)
Chapter 3. Appeals and change requests of sojourn outside phage public (§§ 12-13)
Chapter 4. Commencement (§14)
Adopted by Royal Decree. December 21, 2001 pursuant to the General Civil Penal Code (Penal Code) of 22 May 1902 No.. 10 § 39a last paragraph. Promoted by the Ministry of Justice (now Ministry of Justice).
Added basis: Law of 20 May 2005 no. 28 on penalty (Penal Code) § 64.
Changes: Amended by regulations 21 Dec 2007 no. 1607, May 31, 2013 No.. 561, September 18, 2015 no. 1064 .
Chapter 1. General Provisions
§ 1 Scope This regulation applies to the implementation of sanctions compulsory care imposed pursuant to Penal Code § 63 and § 64.
§ 2. Responsibility for initiating and implementing sanctions Fagen Truth is responsible for that judgment on compulsory care be implemented immediately phage public has been notified by prosecutors that the judgment is final.
The academic responsibility by phage accuracy determines how care at all times be conducted. The decision shall be attached to the consideration that the defendant receive adequate treatment for their behavior problem and especially the need to protect society against new serious offenses.
The academic responsibility by phage public will seek to obtain signed an agreement as mentioned in Penal Code § 63, second paragraph when the conditions for carrying out the phage accuracy are met.
§ 3. Verge If the defendant does not have a guardian, the phage public immediately covet appointment of guardian. Information on the convicted person's personal circumstances may guardian only disclose if it is necessary to perform guardian assignment.
Chapter 2. Agreements on the implementation of sanctions outside phage public
§ 4. Formal requirements for the agreement The agreement referred to in the Penal Code § 63, second paragraph, shall be in writing.
§ 5. Content of the agreement The agreement should include provisions on
A)
the convicts' living conditions,
B)
the treatment the convicts will get for their behavior problem,
C)
the aid program will provide provide,
D)
assistance from the county habilitation,
E)
services to the convicts to cover ongoing operations,
F)
safety,
G)
supervision and control of the phage accuracy and
H)
expenses.
§ 6. Fagen responsibility Fagen public has responsibility for ensuring that the necessary security is maintained and that the defendant be given an adequate treatment purposes and materially deals.
§ 7. Requirements for the convicted person housing the Ministry of Health may lay down requirements for professional and material default by institutions and homes where the convicted person shall have residence.
§ 8. The Contracting Party's notification obligation Contracting Party shall notify the phage public about tangible changes in the convicted person's condition and other matters of importance for safety and for the convicted person's welfare.
§ 9. Reversal of phage public Finds phage public that the interests of safety or to the defendant so indicate, the defendant returned to the phage public, if necessary immediately. If this means that the Party must terminate employees, expenses for salaries during the notice period covered by phage public, unless the return is due to the Contracting Party conditions.
§ 10. Termination Agreement may be terminated by either party with three months' notice unless otherwise agreed.
§ 11. Expense coverage state shall cover the Contracting Party expenses for implementation of compulsory care. Health Ministry may issue further regulations about expense coverage.
Chapter 3. Appeals and change requests of sojourn outside phage public
§ 12. Judicial review The following decisions are regarded as individual:
A)
determination that sanctions be endured outside phage public pursuant to an agreement as mentioned in Chapter 2,
B)
determination that the defendant must be returned to the phage public,
C)
decision on the measures to be implemented during stays outside phage public to protect society against the danger of further serious offenses and significant changes in this.
Decisions as mentioned in the first paragraph shall be communicated to the defendant, the convicted person nearest guardian and prosecutors, who may appeal the decision to the supervisory commission by phage public.
Decision that the sanctions must be endured beyond phage accuracy and resolution on easing of security measures is not put into effect until the appeal deadline has expired or the appeal beneficiary accepted the decision. Appeals against such decisions have suspensive effect.
Control Commission decision in an appeal that the defendant must be returned to the phage public, may be brought before the court pursuant to the Civil Procedure Act Section 36 of the convicts, the convicted person's nearest and guardian.
§ 13. Petition for changes in the implementation They complain eligible under § 12 subsection may request such changes in the implementation of the sanctions referred to in § 12 first paragraph. Is it previously rejected in such a petition for appeal to the supervisory commission, none of the complaint eligible put forward a new complaint based on the same factual circumstances before six months after the previous decision was final.
Chapter 4. Commencement
§ 14. Commencement These Regulations shall enter into force on 1 January 2002.
