The benefits provided for in this Act are to:

A. ¹

To ensure the uniform application of the provisions relating to the execution of sentences and measures and the implementation of the principles relating thereto;

B.

To enable the preparation of the necessary foundations for the undertaking of reforms in this field.

¹ The Confederation subsidizes, within the limits of appropriations, the construction, expansion and processing of the following public and private facilities: ¹

A.

Establishments concerned with the execution of prison sentences and imprisonment (art. 37 of the Swiss Penal Code, CP ² ).

B.

Specialized institutions and divisions for the enforcement of short-term custodial sentences (art. 37 ^Bis And 39 CP);

C.

Establishments concerned in the performance of security measures, where they are under the authority of a competent authority for the execution of penalties and measures (Art. 42 to 44 CP);

D.

Labour education houses for young adults (art. 100 ^Bis CP);

E.

Specialized divisions of institutions in which offenders are placed, under the Criminal Code, where such institutions do not fall under the jurisdiction of a competent authority for the execution of sentences and measures (art. 40, 42 to 44 and 100 ^Bis CP);

F.

Specialized institutions for persons released on condition or trial, or suspended sentences (art. 38, 41 and 45 CP);

G.

Children and adolescents, where they are essential to the execution of a criminal measure or where at least one third of the total number of days of residence is the act of persons placed under the Criminal Code (art. 82 and s. And 89 and s. CP).

² Confederation can subsidize the construction, expansion and transformation of institutions that specifically care for children, adolescents and young adults up to the age of 22, whose social behaviour is seriously Disturbed, when they also accommodate persons placed under the Criminal Code. ³

³ The Federal Assembly sets in the budget the maximum amount of grants that may be allocated during the fiscal year. ⁴

¹ Grants are allocated to the following conditions:

A. ¹

Cantonal or intercantonal planning for the execution of sentences and measures or assistance to youth certifies that the institution meets a need; the Federal Council sets out the requirements for proof of need;

A ^Bis . ²

Projects for the construction of places of execution of custodial sentences have been approved by the relevant concordat or the competent cantonal authority;

B.

The expansion or transformation of the facility is part of an overall plan;

C.

The establishment is open to the inmates of different cantons;

D.

Construction projects are improvements within the meaning of Article 1 and do not result in disproportionate expenditure;

E.

The method of management and the body responsible for the establishment shall ensure that the purpose of the establishment is achieved.

² If the owner of the work is not a canton, the grants are allocated to the following additional conditions:

A.

If the institution is private, the person in charge is a recognized legal entity of public utility; one of its main purposes is within the scope of this Act;

B.

The Cantonal Authority approves the construction project;

C.

The cost of construction and operating expenses of the facility is covered;

D.

Cantonal subsidies of at least 40 % of the recognized construction costs are provided.

³ Subsidies may be reduced or refused if an enforcement in accordance with federal law is not provided in the canton where the construction project is to be carried out. Subsidies to remedy a situation of non-compliance cannot be reduced or refused. ³

¹ The federal grant is equal to 35 % of the recognized construction costs.

² Recognized construction costs are generally calculated on the basis of packages; the size and type of establishment must be taken into account. The Federal Council sets the basis for calculation.

³ The federal grant is reduced accordingly when the institution is only partially responsible for one of the tasks set out in s. 2.

⁴ There is no federal grant of less than 100 000 francs.

¹ The Confederation allocates operating grants for special educational measures taken by public and private public institutions which:

A.

Take up education in the work of young adults (art. 100 ^Bis CP ¹ );

B. ²

Undertake to receive a total of at least one third of the following categories: ³

1.

Children and adolescents, in application of art. 82 et seq. And 89 et seq.

2.

Children and adolescents whose social behaviour is severely disrupted, or

3.

Young adults up to the age of 22, pursuant to s. 397 A Of the Civil Code ⁴ .

² ... ⁵

¹ The Federal Council shall determine, by analogy to art. 3, the conditions under which subsidies are granted.

² It may make this grant subject to additional conditions or to impose charges.

¹ The grant shall be up to 30 % of the recognised costs of the staff responsible for education. ¹

² The Federal Council determines the costs eligible for grants and establishes the basis for calculating them.

³ In the context of an agreement on benefits concluded with the competent cantonal authority, a lump-sum benefit may be paid to educational institutions eligible for a grant. The Federal Council lays down framework conditions and bases for calculation. ²

¹ The Confederation may subsidize the development and testing of new methods and designs applicable to:

A.

Execution of penalties and measures, including tests of methods of enforcement not provided for in the Penal Code ¹ (art. 397 ^Bis , para. 4, CP);

B.

Special care facilities for children and adolescents whose social behaviour is severely disrupted, as well as measures for these children and adolescents.

² Grants may be awarded for a trial period of up to five years.

³ Grants may also be awarded for the evaluation of the results of these tests.

¹ Grants are allocated to the following conditions:

A.

The person responsible, the organization and the persons conducting the test shall ensure that the test is carried out in accordance with the purposes of this Act and that the results will be evaluated in a systematic manner;

B.

The coverage of the costs resulting from the trial and evaluation is ensured.

² The Federal Council may make the grant of the grant subject to additional conditions.

The grant shall be equal to 80 % of the recognised costs incurred in carrying out the project and, for the institutions which already exist, at most 80 % of the additional costs incurred by that undertaking.

The Federal Office of Justice (Federal Office) examines whether the conditions for granting the grant are met, whether the institutions are operating in accordance with the proposed goals and whether the pilot project is carried out Correctly.

¹ Subsidies must be returned when they are wrongly collected, or if the recipient persists, despite a warning, to distract them from their purpose.

² If an establishment that has received a construction grant suspends its operation or has changed its posting within 20 years of the last payment, it will have to repay five per cent of the grant for each year Remaining until this deadline.

³ ... ¹

¹ Requests for grants from cantonal authorities shall be made to the Federal Office, together with the necessary documents, prior to the start of the construction or execution of the pilot project.

² The other grant applications shall be addressed, together with the necessary parts, prior to the start of the construction or the execution of the pilot project, to the cantonal authority. It reviews them and forwards them to the Federal Office with prior notice. Applications for grants under s. 8 are addressed directly to the Federal Office, where only the development of new designs is concerned.

The Federal Department of Justice and Police decides on the grant, payment and return of grants.

¹ If a project is substantially amended or expanded, a divisional application must be filed. It shall be subject to the procedure laid down in Art. 13.

² The amount of a grant already allocated may be increased, on the basis of the final statement, if additional costs arising from the increase or other unforeseen circumstances have arisen during the construction or implementation of the Pilot project. In this case, there is no need to file a divisional application.

¹ The Federal Office fixes the final amount of the grant on the basis of the final statement and orders the payment:

A.

For construction, after examination of the final count and supporting documents and after confirmation of the grant of the cantonal subsidies;

B.

For pilot projects, after review of the periodic accounts and supporting documents.

² The Federal Office may, upon request, grant instalment payments amounting to more than 80 % of the grant awarded.

¹ The final payment shall be made, within the limits of the appropriations available, after receipt of the work or after receipt and approval of the implementation plans.

² Increases or decreases in costs related to the evolution of the cost of living are taken into account in the last instalment.

³ Lump sum grants cannot be paid in the form of a down payment (Art. 16, para. 2) to the extent that immediate expenditures are planned.

In order to support the efforts of the Confederation and the cantons in accordance with Article 1, the Federal Office shall gather information on the experiences and knowledge acquired in Switzerland and abroad. It shall communicate them to the competent bodies of the cantons and the institutions, as well as to the organisations concerned. It can also carry out consultation tasks.

¹ In order to fulfil the tasks set out in Article 1, the Federal Council shall order the compilation of statistics on establishments for the execution of sentences and measures, as well as on prisoners and other persons subject to enforcement A sentence or a measure. It may entrust the cantons and private institutions with the data collection and oblige them to communicate the required statistics on their own initiative.

² Personal data shall be used only for the statistical purposes provided for in para. 1; they should not be published.

The Federal Council shall be responsible for the implementation of this Law; it shall enact the necessary provisions.

No new applications for operating grants within the meaning of s. 5 cannot be filed during the period from 1 ^Er January 2004 to 31 December 2007, with the exception of applications for new types of establishments to be constructed under the Federal Act of 20 June 2003 governing the criminal condition of minors ² .

The Federal Law of 6 October 1966 on the Grants of the Confederation to Institutions for the Execution of Sentences and Measures and Educational Houses ¹ Is repealed.

¹ Construction grants are allocated in accordance with the former right:

A.

If the following conditions are met at the end of the year preceding the entry into force of the new right:

1.

A grant application has been filed;

2.

Construction costs have been certified on the basis of a quote;

3.

The competent cantonal authorities have agreed to the financing of the construction project;

B.

If the work begins no later than two years after the coming into force of this amendment.

² The new operating grant entitlement applies for the first time to grants paid within one year of the coming into force.

¹ This Act is subject to an optional referendum.

² The Federal Council shall fix the date of entry into force.