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Act (1994:451) Where Intensive Supervision With Electronic Monitoring

Original Language Title: Lag (1994:451) om intensivövervakning med elektronisk kontroll

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The law's scope of application, etc.



section 1 of this Act are applicable in the enforcement of judgments in

prison, but not imprisonment imposed pursuant to Chapter 28. paragraph 3 of the

the Penal Code, if the convicted person shall serve imprisonment of up to six

months. Act (2005:42).



section 2 of the cases referred to in paragraph 1 may, at the request of the convicted person,

decided that the prison sentence shall be enforced outside the

institution. An application may be rejected, if the convicted person is arrested

or inmate in correctional for some other reason

than for the enforcement of the penalty applied for or about

special reasons otherwise speak of enforcement outside the institution.



It has been previously sentenced execution outside prison

in the form of intensive supervision, may an application be granted only

If it then passed a period of at least three years during

which the convicted person has not committed any crime which has led to the

more stringent penalty than fines.



For execution outside the correctional facility shall apply what

provided for in this Act. Enforcement is conducted under the direction

of the prison system. Act (2005:981).



Arrangements for the enforcement



section 3 of the enforcement outside the institution takes the form of

intensive monitoring in conjunction with a ban for the condemned to

staying away from home other than at specified times and for

specified purposes such as employment, education, health care,

necessary purchases, and the like. The observance of this prohibition shall

controlled by electronic means.



section 4 of the convicted person shall in enforcement outside the institution comply with the

good character, after the ability to seek a livelihood and otherwise correct

After what is incumbent on him under this Act and in accordance with

Regulation issued pursuant to law. He or she should

abstinence from alcohol and other addictive substances,

such funds as referred to in paragraph 1 of the Act (1991:1969) on the prohibition of the

some doping substances and articles covered by the Act

(1999:42) banning certain products which are hazardous to health.



The condemned is, unless otherwise justified by the medical or

similar reasons, obliged to under the execution of the request

leave the blood, urinary, breath, saliva, sweat or hair test

for verification that he or she is not influenced by such

products or goods referred to in the first paragraph, second sentence.

Electronic means may be used to verify that

the convicted person refrains from alcohol. Law (2008:37).



paragraph 5 of the convicted person shall pay a fee, where warranted, with the

account of his or her opportunities income

during the execution outside the prison.



The fee amounts to SEK 80 per day of execution

should last a maximum of 9 600 SEK for the whole

the enforcement period. The fee must be paid in advance and

be added to the Fund. Law (2014:1572).



section 6 of the probation shall during the time the execution outside

correctional facility is ongoing exercise rigorous supervision of the convicted person and

continuous take cognizance of his conditions.

The Agency shall also through support and help promote

to the sentenced person does not continue to commit crimes and to

his adaptation of society otherwise promoted.



The prison service may, if necessary, appoint one or more persons

to assist in monitoring. Act (2005:981).



section 7 of the sentenced person shall, during the execution outside the prison to keep

The prison system informed of matters appropriate for

enforcement, on summons to appear at the authority and in

Moreover, according to the Agency's instructions maintain liaison

with this. To the extent that the prison system has appointed it, for what

now said about the authority designated to assist the

at the oversight. Act (2005:981).



section 8 At enforcement outside the institution, special

to provide for what the person has to observe. Such

regulations shall refer to the



1. the residence of the convicted person shall have during the execution,



2. what shall apply in the case of labour employment, other

employment, education or other such jobs,



3. at what time and for what purpose the convicted person is allowed to

staying away from home,



4. the way in which the convicted person shall keep in contact with

The prison system and the designated to assist the

supervision under section 7 and the extent of the obligation of contacts and



5. the amount by which the convicted person shall pay according to § 5, and when

payment is to be made.



Special regulations may also relate to medical care, substance abuse treatment

or other care or treatment or participation in specific

organized programs or activities with respect to the

sentenced conditions appear to be appropriate. Act (2005:981).



Decision on the application of the law, etc.



section 9 of the probation hearing, on written application by the convicted person;

the question of who shall be subjected to enforcement of a judgment on

prison outside the institution.



Correctional decisions may be appealed to the General

Administrative Court.



Leave to appeal is required for an appeal to the administrative court.

Act (2005:981).



9 a of a decision may not be appealed under section 9 before decision

have been examined by the prison service. Such a review shall

be requested by the decision concerns if it's been him or

her mind. An appeal against a decision which does not have

being reviewed shall be considered as a request for reconsideration.



Upon review under this section, the decision may not be changed

to the convicted. Act (2005:981).



section 9 (b) A request for review shall be in writing and be

come in to the prison system within three weeks from the date of

the convict received the decision. In the request for review shall

the convicted person specifying which decisions referred to and what change in

the decision that he or she desires. Act (2005:981).



9 c § penitentiary considers whether the letter of request for

review has come in at the right time. If the letter has arrived

too late, it must be rejected, unless the delay is due to

the Agency provided the faulty intelligence on how to

request for reconsideration. Act (2005:981).



9 d § correctional decisions under section 9 may be appealed to the

administrative law in whose area of jurisdiction the correctional,

the custody or free care Office is located where the convicted person was

inscribed in the first decision in the case was made.

Law (2009:819).



section 10 the prison system shall inform the convicted person referred to in paragraph 1 if

the content of this law. Act (2005:981).



section 11 of the sentenced person Has applied to be subjected to enforcement of

judgment of imprisonment outside prison, he may not be included in a

correctional institution to begin execution before

application final tested. The convicted person may, however, be previously

into a correctional institution for the enforcement of the penalty, if



1. application is made after the date according to the injunction

referred to in paragraph 10, first paragraph, the Act (1974:202) concerning the calculation of the

penalty time etc last would have set themselves at a

correctional institution for the enforcement of the punishment;



2. He has previously made an application to be subjected to

execution of the sentence outside prison,



3. it is obvious that the application does not apply to the cases referred to

in section 1 of this Act;



4. it is obvious that the application should be rejected because of

the provision in section 2, second paragraph, or



5. He is detained. Act (2005:42).



section 12 of the regulations on how a judgment should be promoted to

enforcement and how time for such enforcement shall

is calculated in the Act (1974:202) concerning the calculation of the penalty time

accommodation provisions of section 10 of the other – fifth paragraphs and section 12 of the

the Act on the permit to correctional etc. and

for stay of enforcement shall not, however, apply in respect of

enforcement outside the institution under this Act.



For the purposes of section 10 of the Act for the calculation of the first subparagraph of

penalty time etc on enforcement outside the institution under this

law, the convicted person be required to begin the execution of the

his home on a certain day. Sentence will be counted from the

the day. The provision in section 25 of the Act on the calculation of the penalty time

accommodation for the aggregation of penalty times shall not apply

during the execution outside the prison, if the total

penalty time will exceed six months.



Of section 15, first subparagraph, third sentence shows that

Oversight Board in certain cases to determine how many

days of imprisonment incurred outside the institution.

Team (2013:653).



paragraph 13 of the prison system decides on rules under section 8.

The Agency receives and disburses the fee specified in section 5.



If the sentenced personal rise,

The prison system change a regulation under section 8, first subparagraph

or modify, suspend or announce a new rule under section 8

second paragraph.



Correctional decisions effective immediately unless otherwise decreed.

Act (2005:981).



section 14 of the order for enforcement outside the correctional facility shall

be repealed, if the electronic control referred to in section 3, other than

temporarily becomes impossible to sustain. Stay in hospital

or another equivalent facility, however, should not give rise to

suspension of enforcement outside the institution.



Enforcement outside the correctional facility shall be terminated if the

the judge was



1. override what is incumbent on him under this Act, or

According to a regulation issued under the law and the

who is he to load is not of less importance,



2. Requests that such shall be made,



3. do not follow the order to begin enforcement

or, when the execution shall commence, is arrested or

inmate in correctional institution for any reason other than for

enforcement of the punishment decision or




4. before execution, either convicted again

to prison or get conditionally admitted freedom forfeited

in accordance with chapter 26. section 19 or 34. section 4 of the Penal Code at such time

He must serve in prison for more than six months.

Act (2005:42).



15 § Oversight Board hearing, after notice by the prison system,

the question of suspension of enforcement outside the institution.

The Board may also voluntarily take up the matter to trial. If

the decision is set aside, the Board shall determine the number of days of

prison punishment effected outside the institution. The time such

enforcement has been effected shall count as a period of time,

unless there are special reasons speaking against it. Where there are serious

reasons, the Board may decide on the repayment of the fee in accordance with paragraph 5 of

due to the time after the execution outside prison

ceased.



The decision on the enforcement outside the correctional facility shall not be withdrawn

After the agreed date of the end of the sentence.

Act (2005:981).



section 16 of the question Arises whether to suspend the decision on enforcement

outside the prison, the prison authorities decide that the decision until

Furthermore, it shall not apply. Correctional decision applies

immediately. Oversight Board shall, not later than the first

working day following the day on which such a decision notified to try

If it shall be continued. Shall not board the decision within the

time, it ceases to be valid.



In cases where enforcement outside the correctional facility until further notice

does not apply, the Oversight Board promptly take up

the question of the cancellation of the decision to the final examination.



Decisions under this section shall be granted after the

set the date of the penalty period. Act (2005:981).



section 17 if the Oversight Board determines that the decision on the

enforcement outside the correctional facility shall be cancelled or, if the

determined that the decision not to apply, to the

the judge, though enforcement has begun, to be brought to a

correctional institution for continued enforcement of

the prison sentence. The police authority will consign the condemned

to such an institution.



If it could be done without danger to the sentenced person absconds

get the police submit to him or her to appear before

at the correctional institution rather than consign

him or her there. Law (2014:622).



section 18 of the convicted person may appeal the decision in accordance with paragraph 13 of the prison and probation service

of the Supervisory Board in whose area of activity the

free care office where the convicted person is enrolled is located.

Act (2005:981).



18 a of the matters referred to in paragraphs 15 and 16, be examined by the

the Monitoring Board in whose area of activity the

free care office where the convicted person is enrolled is located. If the

There are special reasons, will also be another test of the Monitoring Board

such questions. Act (2005:981).



section 19 of the Monitoring Committee's decision under this Act applies

immediately, unless otherwise decreed.



The convicted person may in general administrative courts of appeal

decisions taken by the Supervisory Board in accordance with this Act.

Supervisory Board shall not be a party to the Court.



Leave to appeal is required for an appeal to the administrative court.

This law shall enter into force on 1 april 2011. Law (2010:624).



section 20 of the Government or the authority, as the Government determines

may provide for compensation for damage

caused by the convicted person for unpaid work performed

According to a regulation issued under section 8, first

subparagraph 2. Act (1998:618).



Transitional provisions



1994:451



1. this law shall enter into force on 1 August 1994.



2. the Act shall not apply in the enforcement of the judgment of imprisonment that is

notified before 1 May 1994.



3. the decision by the Prison Board pursuant to § 9 given before

on 1 October 1994 shall be appealed directly to the Court. In

such a case is not required leave to appeal by the administrative court.



1995:1729



This law shall enter into force on 1 May 1996, but does not apply in the case

where the first decision in the case taken before that.



1996:784



This law shall enter into force, with respect to paragraph 4 and paragraph 1 of

entry into force and transitional arrangements on 1 August 1996, as well as

Moreover, on 1 January 1997.



2005:42



This law shall enter into force on 1 april 2005. If the enforcement

of imprisonment started in prison prior to the entry into force

terms of paragraph 1 of its older version.



2005:981



1. this law shall enter into force on 1 January 2006.



2. Older rules still apply in the case of

The Prison Board's examination of other

the prison authority's decision before

entry into force and, secondly, in case of appeal by

The Prison Board's decision before

the entry into force. What is in the older rules about

Prison Board shall, after the entry into force instead

apply to the prison system.



2013:653



1. This law shall enter into force on september 1, 2013.



2. Older regulations apply to applications for clemency that have

submitted to the Government before the entry into force.



2014:1572



This law shall enter into force on 1 June 2015. Older

rules still apply in the case of crimes

committed before its entry into force.