Act on the Execution of Sentences and Measures (Justizvollzugsgesetz, JVG) - Scope (JVG)

1. This law applies to the following forms of deprivation of liberty for adults and juveniles, insofar as there are no special legal provisions

a) Execution of sentences and measures;

b) Pretrial and preventive detention;

c) Police custody;

d) Extradition detention;

e) Deprivation of liberty for forced measures under immigration law.

1. Within correctional facilities, the following individuals are to be housed separately

a) Detainees in investigative and security detention, in penal detention, in custodial measures, as well as detainees under administrative detention in accordance with foreign nationals law;

b) Juvenile and adult detainees, with consideration given to other applicable separation regulations;

c) Female and male detainees, with consideration given to other applicable separation regulations. The gender identity of the detained person will be respected as much as possible.

2. The management of the correctional facility may, after consultation with the committing authority, make exceptions to the separation regulations. This is subject to contrary specific provisions.

1. The committing authority and the correctional facilities shall respect the human dignity and the right to personal protection of the committed individuals.

2. All committed individuals shall be treated equally. No one shall be discriminated against, particularly not on the basis of race, gender, age, language, genetic characteristics, ethnic or social origin, social status, lifestyle, sexual orientation, religious, ideological, and political beliefs, or disability.

1. Admitted individuals specifically have the right to

a) medical and social care;

b) access to the outdoor area of the correctional facility;

c) contacts with the outside world.

2. The rights of admitted individuals may only be restricted to the extent that the deprivation of liberty, cohabitation within the correctional facility, and the maintenance of an orderly operation require.

1. Admitted individuals are required to comply with the regulations of the detention facilities and to follow the instructions of the staff.

2. They must refrain from any actions that disrupt or endanger the orderly execution of detention, the achievement of detention objectives, and the maintenance of safety and order in the detention facility.

1. The management of the correctional facility shall take measures to ensure safety and order within the facility. It shall issue the necessary directives for this purpose.

2. All measures must be suitable to ensure safety and order in the correctional facility. They are only permissible if the intended purpose cannot be achieved by other means, and must be appropriate in terms of their duration and intensity.

1. For the purpose of securing enforcement, the following identification measures are permissible

a) Taking photographs;

b) Conducting measurements;

c) Determining physical characteristics.

2. The data required for identification purposes must be destroyed when they are no longer necessary for securing enforcement, but no later than one year after the final release.

1. By order of the management of the correctional facility, the inmates, their belongings and accommodations, as well as visitors and their belongings, may be inspected.

2. The management of the correctional facility, as well as the correctional authority, may conduct breath, urine, blood, and hair tests.

1. In the event of a violation of visitation regulations or any other threat to the security and order of the correctional facility, the management of the correctional facility may restrict or prohibit visits.

1. Custodial facilities and transport vehicles may be equipped with technical devices for visual or acoustic monitoring and recording. Monitoring and recording may take place provided that the admitted persons have been informed thereof. The personal cell of the admitted persons shall be neither visually nor acoustically monitored.

2. Visual and acoustic monitoring and recordings serve namely

a) the protection of the admitted person, the staff of the custodial facility, as well as other persons;

b) the protection of the building and the entire infrastructure of the custodial facility;

c) the prosecution of criminal acts;

d) the enforcement of house rules.

3. Recordings shall be deleted after a maximum retention period of 30 days. They may be retained beyond this period and made available to the competent authorities if administrative or criminal proceedings have been initiated or are expected to be initiated.

1. If a committed person evades enforcement by escaping or otherwise staying outside the enforcement facility without permission, the enforcement facility shall order a warrant for arrest and escort.

2. The admitting authority must be informed immediately about the warrant for arrest and escort.

1. If there are concrete indications of an escape, the risk of danger to others or self-harm, or the risk of significant property damage concerning a detained person, the management of the correctional facility may order special security measures.

2. Special security measures may include, in particular

a) Withdrawal of personal items;

b) Prohibition of contact during outdoor walks;

c) Confinement in the assigned cell or in a specially equipped security cell;

d) Restraint, especially for the escorting and transfer of the detained person.

3. For the protection of the detained person or others, the committing authority may order placement in a high-security department for a period of up to six months.

1. Physical or other direct force may be used

a) against violent persons;

b) to maintain or ensure operational safety and order;

c) to prevent an escape.

2. The application of direct force must be documented by the detention facility.

1. Upon the recommendation of the attending physician, the referring authority may order a medically indicated compulsory measure against the admitted person if

a) their behavior severely endangers their own safety or health; or

b) there is an immediate danger to the life and limb of others.

2. The implementation must be supervised by a physician.

3. Prior to the order, the affected person must be informed about the intended compulsory measure and given the opportunity to be heard, unless there is imminent danger.

1. Upon the recommendation of a psychiatrist, the enforcement authority may impose a coercive measure on a convicted person, for whom a measure according to Art. 59 of the Criminal Code is to be executed, which corresponds to the purpose of this measure, as far as it is indispensable for the successful implementation of the ordered measure from a forensic-psychiatric perspective.

2. The coercive measure must be supervised by a physician.

3. If the coercive medication indicated by the measure is ordered for an extended period, it must be regularly reviewed and re-ordered.

4. Before the order is issued, the affected person must be informed about the intended coercive measure and heard, unless there is imminent danger.

1. In the event of a refusal to eat, the admitted person must be repeatedly informed of the possible risks by a physician.

2. Upon the recommendation of a physician, the admitting authority orders force-feeding if there is a danger to the life or a risk of serious health impairment for the admitted person.

3. The force-feeding must be supervised by a physician.

4. As long as the affected person is capable of judgment, no force-feeding will take place. In the case of incapacity of judgment, any advance directive according to Article 372 of the Swiss Civil Code of December 10, 1907, must be observed.

1. Disciplinary sanctions may be imposed on committed persons who culpably violate this law, its implementing provisions, the house rules of the correctional facilities, other enforcement regulations, as well as orders from the management or staff of the correctional facility.

2. When determining the disciplinary sanction, the severity of the culpability, the breach or endangerment of safety and order, previous conduct during enforcement, the motives, and the personal circumstances of the committed person shall be taken into account.

1. Acts Considered as Breach of Duty Include in Particular

a) Bodily harm, physical assault, or threat;

b) Insult;

c) Escape or preparation for escape;

d) Failure to return or late return from leave;

e) Non-compliance with operational procedures or daily schedule;

f) Possession or consumption of narcotics, psychotropic substances, or alcohol;

g) Establishing unauthorized contacts with individuals inside or outside the correctional facility;

h) Procurement, mediation, or possession of unauthorized items;

i) Property damage;

j) Appropriation of others' property;

k) Conducting gambling or trading activities;

l) Refusal to work;

2. Attempt, instigation, and assistance in committing disciplinary offenses may also be sanctioned.

1. The management of the correctional facility may order the following disciplinary sanctions after completion of evidence proceedings and granting of the right to be heard

a) Reprimand;

b) Withdrawal or restriction of access to funds for up to six months;

c) Withdrawal or restriction of leisure activities for up to six months;

d) Withdrawal or restriction of external contacts, such as prohibition of visits, reduction of leave, or telephone ban, for up to three months;

e) Withdrawal of employment opportunities for up to three months;

f) Fine ranging from CHF 20 to CHF 300;

g) Cell confinement for up to thirty days;

h) Detention in a special cell for up to ten days.

2. Objects and assets obtained through disciplinary offenses or used in the commission of disciplinary offenses may be utilized, rendered unusable, or destroyed for the benefit of the canton.

1. The enforcement authority establishes the enforcement plan and coordinates the entire execution of sentences and measures. It issues the necessary enforcement orders and decisions.

2. The enforcement work is oriented towards the risk of reoffending and the intervention needs of the convicted person with a view to a crime-free life.

3. The convicted person is gradually prepared for return to freedom, taking into account overriding security interests.

1. The enforcement authority determines the appropriate correctional facility and summons the convicted person to commence the sentence or measure.

2. It may issue a police warrant for the arrest of the convicted person or have them brought by the cantonal police for the execution of sentences and measures.

1. The enforcement authority may postpone or interrupt the execution of a penalty or measure for important reasons.

2. Important reasons particularly exist in the case of

a) extraordinary personal, familial, or professional circumstances;

b) inability to endure detention;

c) when the status of a pending retrial or clemency process suggests a temporary waiver of further execution.

3. In making the decision, the nature and seriousness of the committed offense, the anticipated duration of execution, the risk of escape and recidivism, as well as any evaluations from experts, must be considered.

4. Conditions may be attached to the postponement or interruption of execution.

1. An accused person may submit a request to the procedural authority for the early commencement of the execution of a sentence or measure.

2. Before granting an early commencement of the execution of measures, the procedural authority shall obtain the opinion of the enforcement authority.

1. The correctional facility shall prepare an execution plan at the outset and in regard to the design of the execution, the achievement of the execution objectives, and the reintegration into society after release, involving the person being admitted.

2. The admitted persons are required to adhere to the execution plan and actively participate in achieving the execution objectives.

3. The execution plan must be reviewed at regular intervals throughout the duration of the execution, adjusted if necessary, and submitted to the execution authority.

4. The execution plan is not subject to appeal, nor can enforceable rights be derived from it.

1. The execution authority may provisionally order security detention before or at the initiation of proceedings for the issuance of a subsequent judicial decision pursuant to Art. 363 et seq. of the Code of Criminal Procedure if the protection of the public cannot be otherwise ensured.

2. The execution authority shall apply to the coercive measures court for the order of security detention no later than 48 hours after the provisional detention pursuant to paragraph 1 has been ordered.

3. If the execution authority becomes aware of grounds for detention pursuant to paragraph 1 after the initiation of proceedings for the issuance of a subsequent judicial decision, it shall apply to the proceedings' authority for the order of security detention.

4. Articles 207 et seq. of the Code of Criminal Procedure shall apply mutatis mutandis to the procedure for ordering security detention related to execution.

1. The competent department grants private institutions the authorization to execute custodial sentences and custodial criminal measures in accordance with federal law.

2. Authorization is granted if

a) the management and staff of the institution possess the necessary professional qualifications;

b) the operation is ensured;

c) the institution has the required infrastructure.

3. Authorized private institutions have the same powers and obligations as correctional facilities operated by the canton, subject to paragraph 5.

4. Authorized private institutions are subject to the supervision of the canton.

5. The competent department specifies in the authorization the powers of private institutions and determines, in particular, the permissible security measures, coercive measures, and disciplinary sanctions.

1. To fulfill specific tasks, particularly in the areas of health, care, safety, and transport, private professionals may be engaged.

2. The engaged private individuals must possess the necessary professional competencies.

3. The engaged private professionals are subject to the supervision of the canton.

4. The responsible department shall specify in the performance agreement for private individuals entrusted with security tasks the extent to which they are authorized in individual cases to ensure security and order as well as to exercise coercive measures.

1. Employees of the corrections system and other individuals tasked with its execution are authorized to process data, including special personal data, concerning an individual currently in custody, insofar as it is necessary for the fulfillment of their legal duties.

1. To fulfill their statutory duties, the authorities responsible for the enforcement of this law may request personal data of individuals subject to enforcement from other authorities or disclose such data to them.

1. For the fulfillment of their statutory duties, the authorities responsible for the execution of this law may exchange personal data of individuals undergoing execution with specialists and appointed private individuals.

2. Specialists and appointed private individuals shall communicate their findings, diagnoses, and prognoses to the enforcement authority and the management of the enforcement institution regardless of any confidentiality obligations.

1. Employees of the correctional service as well as professionals and engaged private individuals shall report important facts, regardless of any confidentiality obligations, that come to their knowledge in the course of their professional activities to the supervising authority or the client.

2. Important facts are

a) Serious dangers to third parties or the correctional facility;

b) Preparatory acts, attempts, or the execution of an escape.

1. The canton shall bear the execution costs, unless they can be charged to other cantons, the federal government, third states, or the convicted person.

2. Convicted persons are required to contribute to the execution costs in a reasonable manner according to Article 380 of the Swiss Criminal Code. An appropriate advance payment for costs may be required for special forms of execution.

3. The convicted person shall bear their personal expenses.

4. Insurance benefits for treatments of convicted persons are used to cover the execution costs.

1. Appeals against orders based on this law or its implementing provisions can be filed with the competent department. The remaining procedure is governed by the general provisions.

2. Appeals against orders of the enforcement authority are to be filed directly with the administrative court. The court also reviews the appropriateness of these decisions.

1. The competent department may grant legal protection to correctional employees upon request if

a) criminal proceedings are initiated against them as a result of the performance of their duties;

b) they assert claims for damages and compensation for harm suffered in the performance of their duties.

2. If correctional employees are found guilty, they shall bear the costs of legal protection, provided that they have violated their duties intentionally or through gross negligence.

1. The government council shall issue the necessary implementing provisions.

2. It may conclude agreements with other cantons in the field of penal execution.