Execution of Sentences and Measures Act (JVG) - Subject Matter (JVG)

1. This law regulates

a) the execution of criminal sanctions on adults and juveniles;

b) the institutions of penal enforcement operated by the canton.

2. For the execution of sanctions under juvenile criminal law, with the exception of Art. 9 (Dangerous Criminal Offenders) and Art. 12 (Cost Bearing), all provisions of this law apply.

1. The Government Council is authorized to conclude agreements with other cantons in the area of penal enforcement.

1. The competent department enforces criminal sanctions, insofar as no special provisions exist.

1. The Governing Council shall issue detailed provisions, in particular concerning

a) the preparation, implementation, and conclusion of sanctions, including the various forms of enforcement;

b) probation assistance, supervision of directives, and social care;

c) the preparation, implementation, and conclusion of juvenile criminal penalties and protective measures;

d) the Gmünden Correctional Facility, the Cantonal Prison of Appenzell Ausserrhoden, and the other detention cells.

1. The Enforcement of Incarcerative Sanctions Including Probationary Assistance

The enforcement of incarcerative sanctions, including probationary assistance, is directed towards the gradual return to freedom. The social behavior of the convicted person is promoted with the goal of achieving self-responsible actions, in compliance with the rights of third parties and the rules of social coexistence, thereby preventing future criminal behavior.

2. The Enforcement of Juvenile Criminal Sanctions

In addition to paragraph 1, the enforcement of juvenile criminal sanctions aims to promote the personality development of juveniles, which is necessary for leading a self-responsible life.

3. Protective Measures for the General Public, Personnel, and Fellow Inmates

Measures to protect the general public, staff, and fellow inmates are reserved.

1. The courts and law enforcement authorities notify the competent department of criminal sanctions that have become final. Upon request, all documents necessary for enforcement are to be forwarded to the competent department.

2. The courts and law enforcement authorities must immediately inform the competent department, providing the necessary documents, if an offender poses a public danger as defined in Art. 75a of the Criminal Code or if there are any indications of such.

3. The competent department, enforcement agencies, and other affected authorities, particularly the immigration authorities and the cantonal police, provide each other with all the information they need to fulfill their responsibilities. The provisions concerning the protection of particularly sensitive personal data remain reserved.

1. The following persons shall be informed, upon written request, by the competent department about the commencement of the sentence or measures of a convicted person, their leave, transfer, escape, and release

a) Victims of the crimes committed by the convicted person, if these acts affected their physical, sexual, or psychological integrity;

b) Other persons with a legitimate interest, particularly relatives of deceased victims.

2. The competent department shall hear the convicted person regarding the request, unless there are overriding interests against the hearing.

3. The competent department may exceptionally refuse to provide information if the legitimate privacy interests of the convicted person outweigh.

4. The competent department informs the persons mentioned in paragraph 1 about their information rights before the commencement of the sentence or measures of the convicted person and alerts them to the confidentiality of the disclosed information.

1. The competent department determines the appropriate correctional facility on a case-by-case basis.

2. The competent department may delegate the authority for granting leave and furlough, as well as for the open residential and work environment, to the management of the correctional facility.

3. If the individual is deemed unfit to serve their sentence, the execution is postponed. The competent department decides on the suspension of the sentence.

4. The absence of fitness to serve a sentence can only be certified by a medical certificate. If such a certificate is not available or doubts about the fitness to serve the sentence remain, the competent department orders a medical examination by a trusted physician.

5. The medical examination by a trusted physician to assess the fitness to serve a sentence can be conducted without the consent of the affected person.

1. The determination and assessment of the general dangerousness of offenders pursuant to Article 75a paragraph 3 of the Criminal Code is the responsibility of the competent department, if necessary with the involvement of an expert commission according to Article 62d paragraph 2 of the Criminal Code.

2. In this context, particular consideration is given to the personal development in crime, the motives for the offense, the manner in which the offense was committed, personal and psychiatric characteristics such as age, gender, awareness of the wrongfulness of the act, remorse, acceptance of responsibility, ability to form relationships, ability to make arrangements, social environment, diagnosis, insight into illness, or treatability.

3. Leave and other relaxations of enforcement are granted if the assessment of general dangerousness concludes that the individual is no longer generally dangerous or that others can be adequately protected against any remaining danger by accompanying measures.

4. If the release measures concern individuals who are detained or sentenced to life imprisonment, it is mandatory that an expert commission in accordance with Article 62d paragraph 2 of the Criminal Code be consulted for the assessment of general dangerousness.

5. If an order or decision of the department concerns the relaxation of enforcement for a convicted person who has committed a crime under Article 64 paragraph 1 of the Criminal Code, the public prosecutor is entitled to file an appeal.

1. The competent department can place a person in preventive detention before or with the initiation of proceedings for the issuance of a subsequent judicial decision in accordance with Articles 363 et seq. of the Criminal Procedure Code (StPO) if there is a sufficient probability that it will lead to a return to penal or measure enforcement or to the order of enforcement of a custodial sanction, and

a) the public is significantly endangered;

b) the purpose of the measure cannot be otherwise ensured;

c) there is a risk of flight.

2. If a person is to remain in detention, the competent department requests the imposition of preventive detention from the Coercive Measures Court no later than five days after the arrest. Articles 222 and 229 et seq. of the Criminal Procedure Code (StPO) apply mutatis mutandis to the proceedings.

3. If the competent department learns of grounds for detention as per paragraph 1 after the initiation of proceedings for the issuance of a subsequent judicial decision, it applies to the proceedings authority for the imposition of preventive detention.

4. Preventive detention is carried out according to the rules for the execution of custodial sentences.

1. The competent department may place a person in preventive detention if the custodial measure is temporarily unenforceable and this leads to a significant threat to public safety or the purpose of the measure.

1. The canton shall bear the costs of enforcing custodial sentences, inpatient therapeutic measures, and detention. Article 380 paragraph 2 of the Swiss Criminal Code (StGB) and the cost coverage by other parties liable for costs, particularly insurances, remain reserved.

2. The canton shall cover the consequences of accidents and illnesses related to enforcement, provided these were not caused intentionally and the convicted person is not insured. In cases of gross negligence, the benefits may be reasonably reduced.

3. The convicted person

a) participates with their labor in the costs for accommodation, meals, and other services;

b) contributes to the costs of semi-detention, work release, as well as residential and work externship, part-time enforcement, and electronic monitoring;

c) pays for personal purchases, especially tobacco products, luxury items, toiletries, and newspaper subscriptions, vacation costs, and fees for using radio, television, telephone, and other electronic communication devices;

d) bears the costs for social insurance contributions, including deductibles and co-payments, special further education measures, and repatriation;

e) bears the costs of court-ordered outpatient treatments and of court or authority directives. In cases of hardship, the competent department may involve the canton in the costs.

4. A convicted person with favorable financial circumstances can be obliged by the sentencing court or the competent department to contribute to the execution costs if they refuse an assigned work.

1. The canton operates the Gmünden correctional facility and the Cantonal Prison of Appenzell Ausserrhoden.

2. The detention cells of the cantonal police may be temporarily used for the purpose of penal execution in exceptional cases.

1. The Penal Institution Serves the Execution of Criminal Judgments

a) of the Ausserrhoden Authorities;

b) of the Authorities of Other Cantons in accordance with the Implementing Provisions of the Governing Council.

**1. The Cantonal Prison serves the execution of pre-trial, security, and extradition detention for adults and juveniles, the execution of preparatory, deportation, and enforcement detention, as well as the execution of short-term imprisonment, deprivation of liberty, and police detention.**

**2. The spatial separation of detainees by gender, type of detention, as well as juvenile and adult age must be observed.**

1. The Gmünden Correctional Facility and the Cantonal Prison are under the supervision of the competent department.

2. The competent department issues the house regulations for the Gmünden Correctional Facility and the Cantonal Prison.

1. The management of the Gmünden Correctional Facility is entrusted to the institution's leadership under the direction of the Director.

2. The Director is elected by the Governing Council.

3. The organization of the institution's leadership is determined by the competent department.

4. The Gmünden Correctional Facility may manage its financial affairs according to the system of global budgeting.

1. The operation of the Cantonal Prison is carried out by the staff of the Gmünden Correctional Facility.

1. The dignity and personality of the inmates must be respected.

2. The detention facility provides the following services for the inmates in particular

a) necessary medical care;

b) necessary psychiatric-psychological care;

c) social counseling and pastoral assistance.

3. If the service cannot be provided by the detention facility, external experts will be consulted.

1. The inmates are required to undergo a physical examination by medical personnel to ascertain any potential impairments to their health condition.

2. The inmates must adhere to the execution regulations and comply with the directives of the facility's management and staff, as well as the orders of the committing authority. They shall refrain from any actions that could jeopardize the orderly conduct of the stay, the achievement of any execution goals, and the maintenance of safety and order.

3. The inmates in correctional custody are obliged to actively participate in the design of the execution process and in achieving the execution goals.

1. To ensure enforcement, the following identification measures are permissible

a) Taking photographs;

b) Performing measurements, particularly of body height and body weight;

c) Determining physical characteristics.

2. The identification records must be destroyed no later than ten years after the definitive release date.

1. To protect the order and security of the correctional facility, inspections and examinations may be ordered that interfere with the personal rights of the inmates.

2. The facility management may issue directives for the search of inmates, their personal effects, and their cells or rooms, as well as for urine tests, breathalyzer tests, blood tests, hair tests, and body searches.

3. The body search is conducted by a person of the same sex, typically with the attendance of a third party, in a separate room, excluding all other persons.

4. For inmates suspected of concealing prohibited items within their bodies or in non-visible body cavities, the facility management may order an internal examination, which is conducted by a female or male physician.

1. The use of direct force is permissible, considering the principle of proportionality, against

a) Inmates who behave defiantly or violently, to prevent their escape or to recapture them;

b) Other individuals who unlawfully remain on the premises of the correctional facility, attempt to intrude, or try to liberate inmates.

2. The facility management regulates the use of direct force in an instruction.

3. Each use of direct force must be documented in a detailed report.

1. The facility administration may temporarily impose special security measures on an admitted person if, based on their behavior or psychological condition, there is an increased risk of escape, self-harm or harm to others, or the risk of property damage.

2. The following special security measures are permissible

a) Removal or withholding of objects;

b) Observation during the day and/or night;

c) Isolation from other detainees;

d) Withdrawal or restriction of outdoor time;

e) Placement in a specially secured room without hazardous objects;

f) Restraints.

3. The imposition of special security measures must be reported to the competent department and the admitting authority.

1. The cells and rooms of the detainees shall not be subject to audiovisual surveillance.

2. The detention and security cells may be subject to audiovisual surveillance.

3. The detainees must be informed in advance about the audiovisual surveillance.

1. The remaining areas of the correctional facilities may be monitored audiovisually.

1. Records shall be deleted after a retention period of 120 hours.

2. If the initiation of an administrative or criminal proceeding is anticipated, the records may be retained longer and made available to the competent authorities.

1. The institution's management imposes disciplinary sanctions on detainees who commit disciplinary offenses.

2. For persons assigned to the other detention cells, disciplinary authority is exercised by the procedural management.

3. Disciplinary sanctions are refrained from if their purpose can be achieved by other means.

4. The provisions of this section apply mutatis mutandis to persons detained in the Cantonal Prison for reasons of criminal procedure or immigration law.

1. Disciplinary offenses are intentional or grossly negligent violations of the house rules or the enforcement plan.

2. The following are considered disciplinary offenses, in particular

a) Escape, attempted escape, and assistance in escape;

b) Refusal to work and incitement to do so, as well as failure to return from external employment;

c) Assault and threat against institution staff, fellow inmates, or third parties;

d) Abuse of leave, exit, or visitation rights;

e) Unauthorized communication with persons outside the institution;

f) Import, export, manufacture, possession, and distribution of prohibited items, especially weapons or weapon-like items, or documents, mobile phones, or other unauthorized communication devices, data carriers, or unapproved money by bypassing control;

g) Importing, possession, manufacture, consumption of, or trafficking in drugs or alcohol, as well as misuse of medication;

h) Damage to buildings and items, waste of materials, or lack of care in handling animals;

i) Unseemly behavior towards institution staff, fellow inmates, or third parties;

j) Disregard of explicit orders;

k) Disturbance or endangerment of order and security.

3. Incitement and aiding in disciplinary offenses constitute independent disciplinary offenses.

1. Disciplinary sanctions are governed by federal law.

2. For individuals convicted under juvenile criminal law, the disciplinary sanctions of adult criminal law apply accordingly.

3. Multiple disciplinary sanctions can be combined.

1. The enforcement of a disciplinary sanction may be suspended, in whole or in part, on a conditional basis if the behavior of the admitted person justifies such action.

2. In this case, the admitted person shall be subject to a probationary period ranging from one to two months. During the probationary period, directives may be issued, or agreements may be made.

3. If the admitted person commits a new disciplinary offense during the probationary period or fails to comply with the directives or agreements associated with the probationary period, the disciplinary sanction shall be enforced. In minor cases, a warning may be issued and the probationary period may be extended by a maximum of half the original duration.

1. In the event of a suspected disciplinary offense, the institution's management investigates the facts and records them in writing.

2. The institutionalized person shall be heard.

3. If the maintenance of the institution's order requires it, the institution's management may immediately place the institutionalized person in detention. The provisional detention lasts no more than 72 hours.

1. The institution's management decides based on a comprehensive evaluation of the facts. It considers the severity of the misconduct, the behavior of the individual during incarceration, and their motives.

2. It issues the disciplinary order in writing.

1. Disciplinary orders and orders concerning the revocation of the conditional execution of disciplinary sanctions can be contested by means of an appeal to the competent department within five days of their communication.

2. The appeal and any subsequent administrative court complaint only suspend execution upon special instruction from the deciding authority.

1. The prosecution of a disciplinary offense is subject to a statute of limitations of six months from the date of commission. The statute of limitations is suspended during an escape.

2. The disciplinary offense can no longer be sanctioned if one year has passed since its commission.

3. The enforcement of a disciplinary sanction is subject to a statute of limitations of six months from the enforceability of the disciplinary order.