Sr 341 Federal Law Of 5 October 1984 On The Benefits Of Confederation In The Field Of The Enforcement Of Sentences And Measures

Original Language Title: RS 341 Loi fédérale du 5 octobre 1984 sur les prestations de la Confédération dans le domaine de l’exécution des peines et des mesures

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341 Federal Benefits Act of Confederation in the field of the enforcement of sentences and measures on 5 October 1984 (Status January 1, 2008) the Federal Assembly of the Swiss Confederation, view of art. 64 of the constitution; considering the message of the federal Council of September 28, 1981, stop: Section 1 purpose art. 1. the benefits provided in this Act are: a. to ensure the uniform application of the provisions on the enforcement of sentences and measures, and the implementation of the principles that relate; b. to allow the preparation of the foundations for the commitment to reforms in this area.

New content according to section II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).

Section 2 grants of construction art. 2 field of application the Confederation subsidizes, within the limits of the appropriations, the construction, expansion and transformation of public and private facilities mentioned below: a. institutions assigned to the enforcement of sentences of imprisonment and imprisonment (art. 37 of the Swiss criminal code, CP) .b. institutions and specialized divisions assigned to the execution of custodial sentences of freedom of short duration (art. 37 and 39 CP); c. institutions assigned to the execution of security measures When they are authority for the execution of sentences and measures (art. 42-44 CP); d. educational work intended for young adults (art. 100 CP); e. Divisions specialized institutions in which offenders are placed under the penal code, when these institutions are not authority for execution of sentences and measures (art. 40 (, 42 to 44 and 100 CP); f. specialized agencies for people released conditionally or trial, or sentenced suspended (art. 38, 41 and 45 CP); g. institutions for children and adolescents, when they are essential to the execution of a criminal measure or at least one third of the total days of stay is the fact of people placed under the penal code (arts. 82 and s. 89 and s. CP).

The Confederation can subsidise the construction, expansion and transformation of institutions concerned specifically to children, adolescents and young adults up to the age of 22, whose social behavior is severely disturbed, when they also welcome individuals placed under the penal code.
The Federal Assembly fixed in the budget the maximum volume of subsidies that may be allocated during the fiscal year.

New content according to Chapter 3 of the annex to the Act of 5 October. 1990 on the grant, in effect since April 1, 1991 (RS 616.1).
RS 311.0 new content according to section II 3 of the Federal Act of 7 October. 1994, in force since Jan. 1. 1996 (RO 1995-1126-1132; 1993 I 1093 FF).
Introduced by section 3 of the schedule to the Act of 5 October. 1990 on the grant, in effect since April 1, 1991 (RS 616.1).

Art. 3 conditions the grants are allocated to the following conditions: a. a cantonal or planning intercantonal execution of sentences and measures or aid to youth attest that the establishment meets a need. the federal Council sets requirements for the evidence of need; a. The construction of places of execution of the custodial sentences projects have been approved by the relevant concordat or the competent cantonal authority; b. Expansion or alteration of the property is part of an overall plan; c. The facility is open to inmates of various cantons; d. Construction projects are improvements in the sense of article 1 and do not result in spending disproportionate; e. The management mode as well as the body responsible for establishing guarantee that the latter goal will be achieved.

If the owner is not a canton, subsidies are allocated to the following additional terms: a. If the property is private, the Manager is a legal person of public utility; one of its main goals is the responsibility of the field of application of this Act; b. The cantonal authority approves the project; c. Coverage of costs of construction and school operating expenses is provided; d. Cantonal grants amounting to 40% at least of the recognized cost of construction are provided.

Grants may be reduced or refused if a performance in conformity with federal law is not assured in the canton where it is planned to complete the construction project. Subsidies intended to remedy a situation of non-compliance may not be reduced or denied.

New content according to section II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).
Introduced by no II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).
Introduced by no II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).

Art. 4Montant of subsidies the Federal grant is equal to 35% of the construction costs recognized.
Construction costs recognized are calculated in General based on packages; the dimension and type of the property must be taken into account. The federal Council lays the foundations of computation.
The Federal grant is reduced accordingly when setting assumes that partially one of the tasks provided for in art. 2. it is not allocated federal subsidy of an amount less than CHF 100,000.

New content according to section II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).

Section 3 Art. operating grants 5 area of application the Confederation allocates the operating grants for special educational measures taken by public and private non-profit institutions that: a. take education in the work of young adults (art. 100 CP); (b) undertake to welcome altogether at least a third of people in the following categories: 1. children and adolescents, in application of art. 82 and following and 89 and following CP; 2. children and adolescents whose social behavior is severely disrupted, or 3. young adults up to the age of 22, in application of art. 397a of the civil code.

...

RS 311.0 new content according to section II 3 of the Federal Act of 7 October. 1994, in force since Jan. 1. 1996 (RO 1995-1126-1132; 1993 I 1093 FF).
New content according to clause I 5 of the Federal Act of 19 Dec. 2003 on the budgetary relief program 2003 (RO 2004 1633 1647; FF 2003 5091).
SR 210 Abroge by c. I. 5 of the Federal Act of 19 Dec. 2003 on the budgetary relief program 2003 (RO 2004 1633 1647; FF 2003 5091).

Art. 6 conditions the federal Council determines, by analogy to art. 3, the conditions to which the granting of subsidies is subordinate.
It can subordinate the grant to additional conditions or impose charges.

Art. 7 amount of subsidy the grant amounts to 30% of recognized expenses related to personnel responsible for education.
The federal Council determines the right expenses to grants and fixed the calculation of these bases.
As part of an agreement on services concluded with the competent cantonal authority, a lump sum may be paid to the houses of education who is entitled to a grant. The federal Council lays down framework conditions as well as the basis of calculation.

New content according to no I 1 of the Federal Act of 19 March 1999 on the 1998 stabilization program, in effect since Sept. 1. 1999 (RO 1999 2374 2385; FF 1999 3).
New content according to section II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).

Section 4 grants for projects drivers art. 8 application area the Federal Government can subsidize the development and testing of new methods and designs applicable to: a. execution of sentences and measures, including tests of methods of execution not provided for by the penal code (art. 397, para. 4, CP); b. Institutions dealing specifically to children and adolescents whose social behavior is severely disrupted as well as measures to these children and adolescents.

Grants may be allocated for a trial period of five years at the most.
Grants may also be allocated to the evaluation of the results of these tests.

RS 311.0 art. 9 conditions grants are allocated to the following conditions: a. the Manager, organization and those responsible for driving test give any guarantee that this will be in accordance with the purposes of this Act and that the results be evaluated systematically; b. Cover the costs resulting from testing and evaluation is assured.

The federal Council may make the grant of the subsidy to additional terms.

Art. 10 total grants the subsidy is equal to 80% of recognized costs for implementing the project and, for institutions that already exist, to 80% of the additional costs of this achievement.


Section 4aParticipation to the costs of the Swiss Training Centre for prison staff art. 10 the Confederation may allocate grants to the Swiss prison staff training Centre.
The federal Council shall issue implementing provisions.

Section 5 provisions art. 11 use of subsidies the federal Office of justice (federal Office) examines if the conditions to which the grant of the subsidy is subject are fulfilled, if institutions are operated in accordance with the proposed goals, and if the pilot project is running correctly.

Art. 12 return of the grants must be returned when they were perceived incorrectly, or that the recipient persists despite a warning, to divert them from their goal.
If an institution that has received a grant of construction suspends its operations or if he changed his assignment in the period of twenty years from the last payment, he will have to pay five per cent of the grant for each year remaining until the deadline.
...

Repealed by section 3 of the schedule to the Act of 5 October. 1990 on subsidies (RS 616.1).

Section 6 Organization and procedure art. 13 grant applications for grants from cantonal authorities application are addressed, with the necessary parts, the federal Office before the start of the construction work or for the execution of the project pilot.
Other grant applications are addressed, with necessary parts, before the start of the work of construction or execution of the pilot project, at the cantonal authority. It reviews them and transmits them to the federal agency with a notice. Applications for grants under art. 8 are sent directly to the federal agency, when they have to object that the development of new designs.

Art. 14 decision the federal Department of justice and police decided the granting, payment and the return of subsidies.

Art. 15 amendment of the conditions if a project is substantially changed or expanded, a divisional application must be filed. It is subject to the procedure laid down in art. 13. the amount of a grant already awarded can be increased, on the basis of the final tally, if due to the price increase or other unpredictable circumstances charges appeared during the construction or execution of the pilot project. In this case, it is not necessary to file a divisional application.

Art. 16 no block grants; deposit the Agency federal fixed the final amount of the grant based on the final count and to be paid: a. for constructions, after review of the final statement and supporting documents and after confirmation of the cantonal grants; b. For the pilots, after review of periodic statements and supporting documents.

The federal agency may, on request, grant payments totalling more than 80% of the grant awarded.

New content of the TTR. According to no I 1 of the Federal Act of 19 March 1999 on the 1998 stabilization program, in effect since Sept. 1. 1999 (RO 1999 2374 2385; FF 1999 3).

Art. 16aVersement of flat-rate grants; deposit the final payment is made, within the limits of the appropriations available, after receipt of the book or after receipt and approval of implementation plans.
The increases or decreases in costs related to the evolution of the cost of living are taken into account by the final payment.
Flat-rate grants may be paid in the form of down payment (art. 16, para. 2) insofar as immediate expenses are planned.

Introduced by no I 1 of the Federal Act of 19 March 1999 on the 1998 stabilization program, in effect since Jan. 1. 1999 (RO 1999 2374 2385; FF 1999 3).

Section 7 Information, documentation and statistics art. 17 information and documentation to support the efforts that the Confederation and the cantons undertake pursuant to article 1, the federal agency gathers information on the experiences and knowledge gained in Switzerland and abroad. It shall communicate them to the competent bodies of the cantons and of the institutions, as well as interested organizations. It can also take on duties of consultation.

Art. 18 statistics to fulfil the tasks provided for in article 1, the federal Council directs the development of statistics on institutions for the execution of sentences and measures, as well as on detainees and other persons subject to enforcement of a penalty or a measure. It can load the cantons and private reading data and force them to communicate the statistics required on their own initiative.
Personal data should be used only for statistical purposes stipulated in para. 1; they should not be published.

Section 8 provisions final art. 19 run the federal Council is responsible for carrying out this Act; It lays down the necessary provisions.

Art. 19aMoratoire recognition according to the 2003 budget relief program no new application for granting of operating grants within the meaning of art. 5 may be filed during the period from January 1, 2004 and December 31, 2007, with the exception of applications for new types of facilities to be built under the Federal law of June 20, 2003, governing the criminal status of minors.

Introduced by c. I. 5 of the Federal Act of Dec. 19. 2003 on the budgetary relief program 2003 (RO 2004 1633 1647; FF 2003 5091).
RS 311.1; FF 2003 3990 art. 20 repeal of current law the Federal law of 6 October 1966 on subsidies of the federal institutions for execution of sentences and measures and in the houses of education is repealed.

[RO 1967 31, 1977 2249 c I 111.]

Art. Transitional 21Disposition of 19 March 1999 change construction grants are allocated according to the old law: a. If the following conditions are met, at the end of the year prior to the entry into force of the new law: 1. a grant application has been filed; 2. construction costs have been certified on the basis of a quote; 3. the competent cantonal authorities gave their approval to the financing of the construction project;

(b) if work begins no later than two years after the entry into force of this amendment.

New calculation of operating subsidies law applies for the first time to grants made during the year following the entry into force.

New content according to no I 1 of the Federal Act of 19 March 1999 on the 1998 stabilization program, in effect since Jan. 1. 1999 for the al. 1 and since Sept. 1. 1999 for the al. 2 (RO 1999 2374 2385; FF 1999 3).

Art. 22 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: January 1, 1987.

1986 1934 RO [1 3 RS]. At the disp. mentioned is currently the art. 123 al. 2. Cst April 18, 1999 (RS 101).
FF 1981 III 705 set by no II 3 of the Federal Act of 6 October. 2006 (financial equalisation reform), in force since Jan. 1. 2008 (2007 5779 5818 RO; FF 2005 5641).
ACF on 29 October 1986 (RO 1986 1940) State on January 1, 2008

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