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Regulation (1998:642) On The Enforcement Of Free-Care Penalties

Original Language Title: Förordning (1998:642) om verkställighet av frivårdspåföljder

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Chapter 1. Conditional sentence



Nöjdförklaring



1 § nöjdförklaring under chapter 38. section 1 of the criminal code be submitted

in the face of the Court which delivered the judgment or

The prison system. A declaration must not be left in the face of another

Court which delivered the judgment without judgment or a

judgment proof is available for the person receiving the explanation.

The convicted person shall be informed of the implications of the declaration before the

It is left.



A note about nöjdförklaringen to be made in the Protocol

or otherwise included in the Act in the case. Left explanation

facing the prison system, the person receiving the explanation immediately

notify the Court if the explanation. Regulation (2005:1018).



Written notice of warning



section 2 Of the Court of Justice gives a warning pursuant to Chapter 27. section 6 of the first

paragraph 1 Penal Code, the convicted person get written notice of

this.



Notification to the Prosecutor



section 3 Of the prison system, finds that the Court should make a decision

According to Chapter 27. section 6 of the criminal code, the authority shall promptly

report it to the Prosecutor. Regulation (2005:1018).



Chapter 2. Probation



Responsible authority



paragraph 1 of a judgment on probation shall state that

The prison system shall be responsible for the supervision of the convicted person.

Regulation (2005:1018).



Initial measures and the appointment of a monitor



2 § When a notice of a judgment on probation comes in.

to the prison system, the authority shall immediately take the measures

necessary for monitoring rapidly become effective.

Have a monitor not designated in the judgment, the authority

appoint a monitor. The appointment must be notified immediately, if

the sentence has begun to be enforced and otherwise, as soon as

enforcement shall be initiated. Regulation (2005:1018).



section 3 of The probation officer shall be appointed a supervisory officer

at the penitentiary, or another appropriate person.



The convicted person should have the opportunity to comment on the choice of

monitors. Regulation (2005:1018).



Monitoring message



4 section as soon as it can be done, the prison system provide monitor

and the message on the monitoring according to a form

laid down by the Authority (monitoring message).

Regulation (2005:1018).



section 5 was repealed by Regulation (2005:1018).



Change of supervisor



section 6 of the prison system may dismiss the monitor and instead

appoint someone else to monitor. Regulation (2006:1308).



Service of and notice of a Monitoring Committee's decision



7 § When a Monitoring Committee's decision that may be appealed is not

in the presence of the sentenced, the decision shall immediately

in writing be served on the person.



The prison system shall, in an appropriate manner, inform the sentenced person, and

monitor whether other decisions by the oversight board than those who

referred to in the first subparagraph. Regulation (2005:1018).



Written notice of warning



section 8 in relation to the person is notified of a warning, the

the judge was given a written notice of this.



If the warning shall be served on the person by an authority other than

the who has decided about the warning, the decision and the other

documents required shall be sent to the authority. As soon as the

the warning has been served on the convicted person, the authority shall have

decided the warning shall be notified and the file to be restored.



Decision on the disposal in accordance with Chapter 28. section 11 of the Penal Code



§ 9 Announced a decision to the condemned to be disposed

According to Chapter 28. section 11 of the Penal Code by Police

the Agency, the decision shall be sent to the authority with the task of

the place where the person resides or last resided or

have their domicile. The decision should include a call to the

The police authority that, if needed, for the convicted person and

to immediately inform the decision-making authority and the

The prison system as soon as the person seized. In

the decision should also be reminded that the convicted person may not be

be detained for longer than a week because of the decision.



Has the person seized pursuant to Chapter 28. section 11 of the

the Penal Code, the probation service shall promptly make the investigation

If the convicted person is needed and provide the deciding authority proposal

for appropriate measures. Regulation (2014:1155).



Journal



section 10 for every person sentenced to probation shall be kept

journal according to the rules of which the prison service announces.

Regulation (2005:1018).



Chapter 3. Community service



The responsible authority in the regulation on community service



section 1 of the Swedish prison and probation service is responsible for the enforcement of a

Regulation on community service. In a conditional sentence with

Regulation on community service shall indicate that the prison system

shall organise community service. Regulation (2005:1018).



section 2 of the Swedish prison and probation service is responsible for obtaining community service sites

within the Agency's area of activity. Regulation (2005:1018).



The work plan content



section 3 of The work plan for community service shall contain information

If the work was to be carried out, the working hours to be

apply, the minimum and maximum number of hours that the condemned

get credited per week or month, and the other

provisions necessary for enforcement.



Control of execution



section 4 of the prison system, through visits or other appropriate

verifying that a work plan for community service are followed.

The authority may order that the verification shall be carried out by other

appropriate people than employed at the Agency.

Regulation (2005:1018).



Journal



5 § for each person in the judgment providing for

community service shall be conducted according to the rules journal

Probation reports. Regulation (2005:1018).



Chapter 4. Conditional release



Responsible authority



§ 1 If a Supervisory Board decides that a conditional

release should be under surveillance, the decision

States that the prison service is responsible for monitoring.

Regulation (2011:146).



Visit to the detention center and contacts before the monitoring



section 2 of an official of the prison system which shall be responsible for

monitoring shall, if possible, to visit the condemned man in prison. If

It is appropriate, the authority should also by contact with the

convicted family and dependants take out things that can

be of importance of monitoring. Regulation (2005:1018).



Monitoring message



§ 3 If the conditional release shall be under the supervision

during the probation period, the probation service shall send a

monitoring message to the monitor and the condemned.

The notice shall, if possible, be sent before the release.

Regulation (2005:1018).



Intelligence and contacts during prison time



section 4 of the Swedish prison and probation service shall keep the monitor informed the

sentenced conditions during the detention period. The Agency shall make

to monitor visit the convicted person in the institution in the

extent necessary, and otherwise promote the condemned

keep in touch with the monitor during the detention period.

Regulation (2005:1018).



Subsequent decisions on the monitoring



§ 5 If a paroled person is not set during

supervision on release, the correctional jurisdiction with

support of 26 kap. section 11 of the Penal Code later decide on surveillance

for the period until the year of the probationary period has elapsed if

supervision is deemed necessary. Oversight Board on the

place where it been released, resident may decide on the measures

in accordance with chapter 26. section 18 of the criminal code for a paroled

that has not been placed under surveillance. Decide The Prison System

or Board to conditionally been released, shall be placed under

monitoring, apply section 3. Regulation (2005:1018).



Dispatch of confiscation orders of conditionally admitted

freedom



§ 6 Explains a monitoring board conditionally admitted freedom

forfeited in whole or in part, the Board shall immediately send

the decision of the prison system. Is it been released, looked after

in accordance with chapter 26. section 22 of the criminal code, the decision instead

be sent to the authority which is responsible for the safekeeping of the

prisoner. Regulation (2005:1018).



Journal



6 a section for each person who is released on parole shall be kept

journal according to the rules of which the prison service announces.

Regulation (2005:1018).



Other provisions



Article 7 the provisions of Chapter 2. 5-8 sections shall apply also in

ask if the person has been freed on parole.



The provisions of Chapter 2. § 9 applies even when the disposal has

determined in accordance with chapter 26. section 22 of the criminal code.



Chapter 5. Monitoring



Supervision



section 1 of the probation service shall supervise and be responsible for

monitoring activity.



The prison system shall ensure that each monitoring mission becomes

performed in a satisfactory manner. The Agency shall provide

the monitors advice and guidelines on how the tasks are to be carried out

and continuing to provide them with other assistance. Regulation (2005:1018).



Initial actions and plan for monitoring



section 2 of the Swedish prison and probation service shall ensure that the monitor as soon as may

out on the content of the judgment and the opinion submitted pursuant to

Act (1991:2041) if the particular person investigation in criminal matters, etc.



Authority shall further ensure that the monitor finds out

what the condemned have to comply during the probationary period and

the consequences of the convicted person commits a crime or in any other

do not fulfil their obligations. Regulation (2005:1018).



paragraph 3 in connection with monitoring begins, an official

on the prison system as soon as possible and at the latest within a

monthly meeting with the condemned and the monitor. At the meeting

It must be determined how and to what extent the

the judge shall maintain contact with the monitor, authority or

another and more about what the person otherwise shall correct


after due judgment.



Furthermore, it shall in particular examine to what extent

The prison system need to be involved to convey support and help

in accordance with chapter 26. section 14 of the Penal Code. The monitored need to

participate in specially organized activities aimed at

combat crime or abuse, special attention.



At the meeting, there shall be established a plan for

monitoring, which specifies the measures to be taken. Plan

should be reviewed as often as there is a reason for it.

Regulation (2005:1018).



4 § has a probation joined together with a special regulation on

treatment plan according to Chapter 28. 6 a of the criminal code require

the measures referred to in paragraph 3 shall be taken only if the corresponding measures

not included in the treatment plan. The prison system should, however, always

determine the terms of the contact were sentenced with the monitor and

The prison system. The Agency shall also appropriately

make sure that the treatment plan is followed. Regulation (2005:1018).



paragraph 5 of the probation shall as soon as possible for the condemned

accurately report what the condemned have to comply during

the probation period and the consequences of the convicted person commits a crime or on

otherwise does not fulfill its obligations.

Regulation (2005:1018).



Measures in case of arrest or detention



section 6 is arrested or detained anyone standing under the supervision and

request the monitored personal support or other assistance that does not

preferably can be provided by the authority responsible for

storage facility, the prison authorities take the measures

needed. Regulation (2005:1018).



Notification to the Supervisory Board



7 § Finds the prison system because of a report from

the monitor, a notification under Chapter 28. paragraph 6 (a)

the criminal code or for any other reason that

Oversight Board should take decisions according to the Penal Code in

question relating to the convicted person, shall promptly notify the prison system

it to the Board. Regulation (2005:1018).



Obstacles for the monitor



section 8 if the monitor are unable and cannot fulfil its

Mission, the prison system examined whether any other person shall

appointed to monitor. Regulation (2006:1308).



Obligation to issue opinions



section 9 of the prison system should deliver its opinion after consulting with monitor

If the conditions were sentenced during the monitoring period on

the opinion is needed as a basis for the examination of a case or

a case with a court, a Board referred to in chapter 37.

the Penal Code, the State Provincial Office, Police Department,

The Security Police, The Swedish Transport Agency, The Prosecutor's Office

or the Swedish national economic crimes Bureau. The prison system should also

request comment to government offices when needed for

preparation of a nådeärende. Regulation (2014:1155).



Notification of need for surveillance



10 § When the trial period is longer than one year and those who are

released on parole are not under surveillance after a year

probation, probation shall notify the

Oversight Board, if there have been circumstances in which

may lead to it been released, again, should be placed under

monitoring. The same is true when undergoing probation

not under surveillance after a year of probation.



The first subparagraph shall apply mutatis

way as in the case of the undergoing probation before

monitoring period there have been circumstances in which

means that a decision should be made on monitoring for longer time.

Regulation (2005:1018).



Monitor data



section 11 of the monitor shall co-operate with the probation service and keep

the authority informed of everything that is relevant to the

monitoring. The monitor should also consult with the sentenced

family and other relatives to get their assistance in helping

and supporting the condemned.



At the end of every second month and otherwise when the prison system

request it shall monitor report to the authority on the

sentenced conditions. The monitor shall inform the convicted person if

the contents of the report, if special reasons do not speak against it.

Regulation (2005:1018).



section 12 of the monitor shall regularly meet with the condemned.

The monitor will visit the condemned at home as often as

needed.



section 13 Of the power for the monitor to communicate instructions,

grant credits and take adjustments when it comes

regulations are provisions in chapter 26. section 17 and 28. 6 §

the Penal Code. Before the monitor is taking such action should

the monitor shall consult with the condemned, if appropriate.



The monitor shall notify to the correctional measure

monitor taken, unless it is of minor importance.

Regulation (2005:1018).



section 14 of the monitoring shall be carried out in such a way that the

the judge and the relatives were sentenced not needlessly inflicted discomfort.



section 15 if the monitor finds that the convicted person will override their

obligations during the monitoring period, that a notified

Regulation should be amended, to a new regulation should be notified or

that regulation is no longer required, shall monitor

promptly report this to the prison system.

Regulation (2005:1018).



section 16 if the monitor due to migration or by any other

reason, difficulties to personally exercise monitoring,

the monitor shall immediately report this to the prison system.

Regulation (2005:1018).



Compensation to monitor



section 17 Monitor is entitled to compensation for their duties.

Probation hearing questions about and pay out such

compensation. If the monitor is an official of the prison system

fulfilling the Mission of the service, provided, however, no

compensation.



The prison system may provide for the

size. Regulation (2012:36).



section 18 is repealed by Regulation (2005:1018).



Assistance under chapter 38. section 12 of the Penal Code



section 19 of the assistance of the police authority under chapter 38. section 12

the Penal Code to the convicted person shall be set at

The prison system should be requested only when the purpose of such a

the request can not be achieved in any other way.

Regulation (2014:1155).



Deputy probation officer



section 20 of the provisions on monitors in this regulation

apply, with the exception of paragraph 13 of this chapter, also as with

support of 26 kap. section 12 of the Penal Code has designated to assist the

monitoring (Assistant Supervisor).



Chapter 6. Other provisions



§ 1 The detailed rules necessary for the enforcement of

This regulation will be communicated by the prison service.

Regulation (2005:1018).



1 a of the Swedish prison and probation service may provide for contributions of

public funds for expenses incurred in the enforcement

of free-care penalties. Regulation (2011:146).



section 2 Provisions on the obligation to notify the social welfare board

a child may need protection board, see Chapter 14. 1 §

the Social Service Act (2001:453). Regulation (2004:22).



section 3 of the probation shall disclose such information as required in

activities for personal protection for members of the Parliament,

the head of State and other members of the Royal family, Ministers,

State Secretary and Cabinet Secretary, if the data in a

in particular cases, requested by the security police. Regulation (2006:163).