Execution of Sentences and Measures Act (JVG) (JVG)

1. This law governs the execution of sanctions in the Canton of Lucerne, particularly the execution of

a. custodial sentences and measures involving deprivation of liberty or outpatient treatment,

b. community service,

c. probation assistance,

d. custodial sentences and protective measures for juveniles.

2. Unless specific provisions exist, the law is also applicable mutatis mutandis to the forms of deprivation of liberty as per § 5 subparagraphs d-i.

1. The Competent Authority

a. enforces penal orders and judgments of the criminal authorities, insofar as imprisonment, custodial or outpatient measures, and community service are to be enforced,

b. enforces penal orders and judgments of the juvenile criminal authorities,

c. enforces by means of legal assistance

1. penal orders and judgments of criminal authorities from other cantons,

2. judgments and decisions of the federal criminal authorities,

3. penal orders of the Auditor and judgments of military courts,

d. executes the collection of fines, monetary penalties, and replacement claims, insofar as these are not to be collected according to § 96 of the Act on the Organization of Courts and Authorities in Civil, Criminal, and Administrative Judicial Proceedings (Judiciary Act) of May 10, 2010,

e. exercises the tasks provided in the Swiss Penal Code of December 21, 1937 (SPC), within the framework of probation assistance,

f. assumes all tasks as the admissions and enforcement authority, unless the legal system expressly provides for another jurisdiction,

g. can be entrusted by the criminal authorities with additional tasks in enforcement.

2. It examines the legal prerequisites for enforcement ex officio.

1. The court that imposes a measure pursuant to Articles 68-73 of the Criminal Code is responsible for its execution. Reserved is § 96 paragraph 1e of the Judiciary Act.

1. The competent authority submits an application to the competent court when a decision by a judicial authority is reserved in an enforcement procedure.

2. The competent court invites the public prosecutor's office to provide a statement and submit an application in proceedings pursuant to paragraph 1.

1. Correctional Facilities and Other Enforcement Institutions Serve for the Execution

a. of prison sentences and custodial measures,

b. of prison sentences in the form of partial confinement, intermittent detention, work release programs, as well as residential and work release programs,

c. of prison sentences and protective measures for juveniles,

d. of pre-trial detention, security detention, and extradition custody,

e. of enforcement measures under immigration law,

f. of penalties and measures that, for reasons of security, discipline, or space, cannot be executed elsewhere temporarily,

g. of the detention of persons in transit,

h. of provisional arrest,

i. of welfare placements.

1. The Department of Justice and Security may grant approval to privately operated institutions and facilities to execute sentences and measures, provided that federal law allows it. It may transfer disciplinary authority to them with the approval.

2. The private institutions and facilities must adhere to the execution principles of federal law and must have the necessary qualified personnel.

3. The competent authority may delegate execution responsibilities to private institutions and facilities within the framework of the approval according to paragraph 1.

1. Correctional facilities may involve private professionals for the fulfillment of specific tasks.

2. Sovereign powers must not be transferred to private professionals.

1. The competent authority may engage private specialists for the execution of outpatient treatments and for the monitoring of orders concerning adults, as well as for the implementation of protective measures concerning young people.

2. The private specialists must possess the necessary professional competencies.

1. The Department of Justice and Security exercises oversight over the administration of justice, insofar as federal law or cantonal law does not assign this responsibility to a judicial authority.

1. Committed individuals have the right to respect for their human dignity and protection of their personality.

2. Their rights may only be restricted to the extent that the deprivation of liberty, cohabitation within the facility, and the maintenance of an orderly operation necessitate. Such restrictions must be proportionate.

1. Persons admitted to the institution are required to actively participate in achieving the objectives of enforcement and refrain from anything that endangers their realization, the orderly conduct of enforcement, and the maintenance of safety and order within the facility.

2. To ensure the necessary preventive measures for the health of the persons admitted and the facility's personnel, the assessment of the physical health condition of admitted persons by medical professionals is permitted.

3. If it is necessary for enforcement planning, the enforcement authority may require admitted persons to undergo an assessment by a psychiatrist.

1. The criminal authorities provide the competent authority with their final penalty orders, judgments, or enforcement decisions as well as all documents necessary for enforcement.

1. Sentences involving imprisonment must generally be executed immediately. Detention measures must also commence immediately.

1. **Execution of Sanctions**: The enforcement of sanctions may be deferred or interrupted for a maximum of one year upon the convicted person's request for important reasons. In its decision, the competent authority must consider the expected duration of enforcement as well as any potential risk of flight or recidivism.

2. **Important Reasons According to Paragraph 1 Are**

a. complete incapacity to bear detention,

b. extraordinary and urgent personal, family, or professional events and duties.

3. If the affected person claims incapacity to bear detention, they must submit a current and substantiated medical certificate unsolicited. The competent authority decides on the capacity to bear detention.

4. The competent authority may order special investigations regarding requests for deferral and interruption.

5. It may order precautionary measures if public safety requires it.

1. The early execution of measures under the provisions of the Swiss Criminal Procedure Code of October 5, 2007 (CPC) is carried out in consultation with the competent authority. The procedural authority transmits the necessary files to this authority if required.

2. If a medical examination reveals that the accused person is severely mentally disturbed or dependent on intoxicants or in another manner and urgently requires special treatment, the procedural authority may request a precautionary measure (Art. 59, 60, and 63 of the Swiss Criminal Code) from the competent court, if the accused person is charged with a related crime or misdemeanor.

1. If a specific form of execution is permissible for a custodial sentence or substitute custodial sentence, the competent authority verifies the conditions and issues an execution order.

1. The enforcement authority determines the correctional facility for the execution of prison sentences and detention measures.

2. It may transfer the committed person to another correctional facility or to a different department with increased security for the continuation of the execution if

a. their condition or behavior makes it necessary,

b. their treatment requires it,

c. their integration into the correctional facility will be more readily achieved thereby,

d. their safety, the safety of other committed persons, or the personnel of the correctional facility requires it, or

e. there are occupancy issues.

3. The enforcement authority may order the transfer to a psychiatric clinic or a hospital based on a medical report. In urgent cases, the management of the correctional facility is authorized to do so. They must promptly inform the enforcement authority of the transfer.

1. If a person is sentenced to a term of imprisonment of at least six months, the administration of the correctional facility shall prepare an execution plan at the beginning of the sentence. This plan shall focus on the structuring of the imprisonment, achieving the goals of the imprisonment, and reintegration into society upon release.

2. The execution plan must be reviewed and, if necessary, adjusted at regular intervals during the term of imprisonment and submitted unsolicited to the correctional authority.

1. The competent authority ensures the continuous supervision of the committed individuals.

2. It collaborates with penal and correctional authorities, care and social services of correctional institutions, as well as with private and state social and specialized services.

3. Convicted individuals are supervised and supported with the involvement of their close associates and employers, notably to provide social security, reduce the risk of recidivism, and oversee ordered therapies and directives.

1. Employees involved in the enforcement of sanctions are entitled to inspect the enforcement files kept on an admitted person and to share them with authorized professionals, insofar as this is necessary for the fulfillment of their duties.

1. For the fulfillment of their duties, the competent authority may request personal data of convicted or institutionalized persons from other authorities.

2. If another authority demonstrates that it requires the information to fulfill a legally prescribed duty, the competent authority may provide it with information regarding convicted or institutionalized persons.

3. Other authorities referred to in paragraphs 1 and 2 include, namely

a. criminal authorities,

b. authorities of justice enforcement and execution institutions,

c. immigration authorities,

d. traffic offices,

e. child and adult protection authorities,

f. disability insurance offices (IV-Stellen),

g. regional employment centers,

h. compensation funds,

i. municipal social offices,

j. debt enforcement offices.

4. For the fulfillment of their duties, the competent authority may access data from the cantonal resident platform.

1. Psychiatrists, physicians, psychologists, and other professionals entrusted with an assessment or treatment may inspect enforcement files, including particularly sensitive personal data, personality profiles, and profiling results, insofar as knowledge of the files is necessary for the fulfillment of their duties.

**1. The employees of the enforcement authorities and enforcement institutions ensure that the supervised person releases them from the duty of confidentiality for the purpose of information exchange with third parties.**

2. If the supervised person does not release the employee of these authorities from the duty of confidentiality, the employee may, as an exception, contact third parties, namely debt counseling centers, employment agencies, health insurance companies, employers, landlords, victims, or family members, insofar as this significantly contributes to the resocialization or prevention of relapse of the supervised person.

3. The employees of the enforcement authorities and enforcement institutions are obligated to report to the public prosecutor's office if, in the course of their duties, they find concrete indications of an offense or crime that is to be prosecuted ex officio.

1. The Rights and Duties of Admitted Persons According to §§ 10 and 11 Also Apply in the Event of the Imposition of Coercive Measures, Unless Otherwise Stipulated Hereinafter.

1. The competent authority may place a person in security detention before or simultaneously with the initiation of proceedings for the issuance of a subsequent judicial decision according to Articles 363 et seq. of the Code of Criminal Procedure, if there is a sufficient likelihood of recommittal to penal and custodial measures or the imposition of a prison sentence or a custodial measure, and at least one of the following conditions is met

a. The public is significantly endangered,

b. The purpose of the measure cannot be otherwise ensured,

c. There is a risk of flight.

2. Within 48 hours of the arrest, it applies to the compulsory measures court for the extension of security detention.

3. If, after initiating proceedings for the issuance of a subsequent judicial decision, it learns of the grounds for detention under paragraph 1, it applies to the proceedings management for the order of security detention.

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

1. The competent authority may transfer a person to another correctional facility if the custodial measure is temporarily impracticable and this leads to a significant endangerment of the public or the purpose of the measure.

1. To ensure the execution of custody, the management of the detention facility may in particular order the following identification measures

a. the taking of fingerprints,

b. the taking of photographs,

c. the conducting of measurements,

d. the determination of physical characteristics.

2. The results from identification measures may be provided to the police for the fulfillment of police duties, especially for search purposes.

3. The identification records are to be destroyed no later than ten years after the definitive release date.

1. To protect the order and security of the correctional facility, the personal effects and accommodation of the admitted individual may be searched at any time.

2. For individuals who are suspected of carrying unauthorized items or concealing them in body cavities, a body search may be ordered pursuant to Article 85 paragraph 2 of the Criminal Code.

3. In analogous application of Article 85 paragraph 2 of the Criminal Code, breath, urine, blood, and hair tests may be conducted.

1. Telephone conversations of incarcerated persons may be recorded to protect the order and security of the correctional facility.

2. The recordings are to be deleted no later than 100 days, unless they have been used in a criminal, civil, or administrative proceeding.

3. Recorded telephone conversations may be listened to by the management of the correctional facility if there is suspicion that disciplinary offenses according to § 40 paragraph 2a, c, g, h, i, or j are being committed.

4. Telephone conversations of incarcerated persons with their legal counsel must neither be recorded nor listened to.

1. Correctional facilities may be equipped with systems for visual surveillance. These systems serve

a. to ensure the order and safety of the correctional facility, the security of the staff, the committed persons, and third parties,

b. to monitor the health status of committed persons.

2. The management of the correctional facility determines which rooms and areas within the facility are to be visually monitored in detail. The following may be visually monitored

a. all rooms and areas except the regular accommodations of the committed persons,

b. special accommodations of committed persons, namely disciplinary and security cells, provided that special circumstances or the health condition of the committed person requires visual surveillance.

3. Recorded data may only be analyzed by the management of the correctional facility when there are grounds for suspicion of a disciplinary offense or a criminal act.

4. Besides the correctional facility management, other authorities may only access the recordings in the event of criminal, civil, or administrative proceedings.

5. Recorded personal data must be destroyed or overwritten immediately after analysis by the correctional facility management, but no later than 100 days after recording, unless they were used for a criminal, civil, or administrative proceeding.

1. The management of the correctional facility may impose special security measures on committed individuals if their behavior or mental state significantly increases the risk of escape, self-harm, harm to others, or endangerment of property.

2. The following special security measures are particularly permissible

a. Confiscation or withholding of objects,

b. Surveillance by day and night,

c. Isolation from other committed individuals,

d. Temporary restriction of contact with the outside world,

e. Removal or restriction of outdoor time,

f. Placement in a specially secured room without dangerous objects,

g. Restraint.

3. The transfer to another correctional facility according to § 17 paragraph 2 remains reserved.

4. If the transfer to another correctional facility occurs on a Saturday, Sunday, or a cantonal holiday according to § 76 of the Justice Act, the correctional facility must inform the committing authority on the next working day.

5. The measures under paragraph 2 may only be maintained as long as there is a compelling reason for them. For juveniles, the security measures under paragraph 2f and g are not permitted.

1. If a committed person has escaped or is otherwise absent from the correctional facility without permission, their arrest and return shall be ordered without delay. The committing authority is to be informed of this.

2. The staff members of the correctional facility may arrest the person in question themselves and return them.

1. Physical force or other direct coercion may be applied to juveniles and adults in the execution of sanctions

a. to protect individuals from significant danger,

b. to prevent the escape of detained persons or to capture fugitives,

c. to maintain or restore operational security and order.

2. Direct coercion may only be applied if other measures have failed or are not available.

3. The least severe coercive measure should be chosen in each case. It may only last as long as the conditions justifying it exist. As far as is compatible with their own and public safety, individuals should be allowed as much decision-making freedom as possible.

4. If direct coercion has been applied, it must be documented.

1. A compulsory medication within the meaning of this law is a medicinal measure carried out without the consent of the affected person with the aim of maintaining or improving their health condition, or protecting third parties.

1. All necessary measures shall be taken to avoid forced medication.

2. Forced medication is only permissible when voluntary measures have failed or are unavailable and if

a. the behavior of the affected person severely endangers their own safety or health,

b. an immediate danger to the life and limb of others is to be averted, or

c. a serious disruption of coexistence needs to be eliminated in the case of massive social abnormality or significant destructive potential of the affected person.

1. The imposition of forced medication is decided upon by the competent authority based on the report and application of the responsible doctor.

2. In cases of urgent need, the responsible doctor decides according to ethical principles.

1. Before ordering a forced medication, the affected person must be informed about the intended measure and the right to file a complaint, unless there is an imminent danger. Upon the request of the affected person, their relatives or a close confidant designated by them must be promptly informed in an appropriate manner.

2. The order must be communicated to the affected person in writing with reasons and legal remedies, even if it was previously communicated orally.

3. The management of the correctional facility must immediately inform the committing authority about the order for forced medication.

1. The competent authority may order in writing mandatory medication for individuals subject to a court-ordered inpatient therapeutic measure according to Article 59 of the Criminal Code or a court-ordered outpatient measure according to Article 63 of the Criminal Code, as long as it appears indispensable from a forensic-psychiatric perspective for the successful implementation of the measure.

2. The mandatory medication indicated by the measure is permissible only if it is recommended by a forensic-psychiatric physician.

3. The mandatory medication indicated by the measure must be administered under the supervision of a specialist physician.

4. If the mandatory medication indicated by the measure is ordered for an extended period, it must be regularly reviewed and reordered.

1. In the event of a hunger strike, the incarcerated person is to be informed multiple times by a doctor about the possible risks of prolonged refusal of food.

2. If the incarcerated person has explicitly refused force-feeding in a living will, this decision is to be respected.

3. If the incarcerated person has not provided explicit instructions for the event of a loss of consciousness or is unable to make a decision, the competent authority orders force-feeding.

1. Any individual admitted into the facility who culpably breaches this law, its implementing regulations, the house rules of the facility, additional instructions, or orders from the facility's management or staff, or who otherwise disrupts the operation of the facility, shall be subject to disciplinary punishment.

2. Disciplinary offenses particularly include

a. Escape, absconding as well as attempts and preparatory acts related thereto,

b. Unauthorized absences such as failure to return from external employment, outings, or leave,

c. Threats and attacks on the physical, psychological, or sexual integrity of staff, fellow inmates, or visitors,

d. Unlawful interference with third-party property,

e. Resistance or thwarting, circumventing or falsifying controls,

f. Damage to furniture and real estate,

g. Introduction, removal, mediation, and possession of prohibited items such as weapons and similar items,

h. Introduction, removal, trade, possession, and consumption of alcohol, drugs, or similar substances, as well as the misuse of medications,

i. Unauthorized contacts with admitted individuals and persons outside the facility,

j. Improper use of devices for electronic communication, entertainment electronics, hardware and software, and data storage media,

k. Severe disruption of peace and order within the facility or the workplace, as well as refusal to work,

l. Repeated commission of minor disciplinary offenses.

3. The attempt and incitement to commit disciplinary offenses and aiding and abetting are also punishable.

4. Criminal prosecution remains reserved in all cases.

1. The administrations of cantonal correctional facilities are authorized to impose the following disciplinary sanctions

a. Reprimand,

b. Withdrawal of privileges or revocation of an internal institutional permit,

c. Demotion to a lower level according to the execution plan,

d. Fine,

e. Cell or room confinement for up to 15 days,

f. Detention for up to 10 days.

2. Private institutions and facilities can be authorized, with permission, to execute penalties and measures, and be granted the competence to impose disciplinary sanctions according to paragraph 1a to e, where a cell or room confinement must not exceed 7 days.

3. Sanctions may be imposed individually or in combination with each other.

4. When determining the disciplinary sanction, particular consideration is given to the severity of the misconduct, the seriousness of the violation or endangerment of security, order, and orderly coexistence within the correctional facility, as well as the personal circumstances of the inmate and the effect of the sanction on rehabilitation. In case of repetition, the disciplinary sanction may be increased.

5. Disciplinary proceedings expire six months after the commission of the disciplinary offense. The execution of a disciplinary sanction expires six months after the final decision.

**1. The Punished Individual May Appeal Against Disciplinary Orders from State and Private Correctional Facilities Within Five Days to the Department of Justice and Security.**

1. Unless otherwise provided in this law, an administrative appeal may be filed with the competent department within 20 days

a. against the order of a special security measure pursuant to § 31,

b. against the order of compulsory medication pursuant to § 36,

c. against the order of forced feeding pursuant to § 39,

d. against decisions of the competent authority made in application of cantonal law.

2. An administrative court appeal can be filed with the Cantonal Court within 20 days

a. against decisions of the competent authority made in application of federal law,

b. against appeal decisions of the competent department pursuant to paragraph 1,

c. against appeal decisions of the Department of Justice and Security in the field of disciplinary law.

3. When decisions of the competent authority regarding the opening of imprisonment measures are legally challenged in cases of residential measures under Article 59 of the Swiss Penal Code, custodial measures under Article 64 of the Swiss Penal Code, or life imprisonment, the Cantonal Court shall give the Public Prosecutor's Office the opportunity to comment on the appeal and to make submissions.

1. Appeals and administrative court appeals shall not have suspensive effect in the following areas, unless expressly granted by the appeal authority

a. Appeals against the order of special security measures pursuant to § 31,

b. Appeals against disciplinary orders,

c. Appeals against the order of forced medication pursuant to § 36,

d. Appeals against the order of forced feeding pursuant to § 39.

1. The appeal procedure against disciplinary actions is generally free of charge.

2. If a manifestly unfounded complaint is filed frivolously, reasonable procedural costs may be imposed on the complainant.

1. The costs of investigation and security detention, as well as the enforcement of sanctions, are borne by the canton, unless third parties are responsible for payment.

2. These costs include in particular

a. expenses for accommodation, meals, care, security, work, internal education and training, as well as outpatient basic medical care in a correctional facility,

b. transport expenses for transfer to a correctional facility and transfer to another correctional facility,

c. security expenses in the hospital upon admission,

d. costs for travel to interrogations or court appointments and visits to doctors and therapists, provided that the transport is not carried out by the police at their expense.

1. Personal expenses that are not directly related to actual investigation and security detention, and the execution of sanctions, shall be borne by the committed person.

2. Where personal expenses are to be subsidized by economic social assistance, the decision shall be made by

a. the responsible authority of economic social assistance according to the Social Assistance Act for persons with a residence of support in the canton of Lucerne,

b. the canton in other cases, assuming uncollectible costs.

3. Personal expenses particularly include

a. medical treatment in a hospital, including its security station,

b. medications,

c. all kinds of medical aids (glasses, hearing aids, etc.),

d. outpatient therapies outside of an enforcement institution,

e. dental treatments,

f. personal effects (clothing, toiletries, etc.),

g. expenses for external education,

h. incurred expenses during vacation or for recreational activities,

i. AHV/IV contributions,

j. health insurance premiums, deductibles, and co-payments,

k. rent payments and storage costs for furniture,

l. alimony, compensation and court costs.

1. Convicted persons shall contribute to the costs of enforcement in an appropriate manner pursuant to Article 380 paragraph 2 of the Criminal Code.

2. The cost contribution for juveniles and their parents is governed by Article 45 of the Swiss Juvenile Criminal Procedure Code of March 20, 2009.

1. If a protective custody is carried out in an institution or facility for penal and correctional measures, the cost liability is governed by § 57 of the Introductory Act to the Swiss Civil Code of November 20, 2000.

1. The costs of detention under immigration law shall be borne by the canton, insofar as these costs cannot be passed on to the individuals concerned, the federal government, or third parties.

1. The Cantonal Parliament is the cantonal pardon authority in the sense of Article 381 subparagraph b of the Criminal Code.

2. It makes final decisions on pardon applications.

1. Articles 381-383 of the Penal Code apply mutatis mutandis to criminal matters under cantonal law.

1. The Government Council regulates by ordinance, in particular

a. the organization of the correctional system,

b. the procedure for the execution of sentences involving deprivation of liberty and custodial and outpatient measures, the procedure for early commencement of sentences and measures, the procedure for special forms of deprivation of liberty as well as community service,

c. the implementation of probation assistance, supervision of directives, and voluntary social support,

d. the disciplinary procedure as well as its delegation to private institutions and facilities,

e. the participation of the convicted person in the execution costs.

1. The Act on the Execution of Sentences and Measures of June 3, 1957, is repealed.

1. The following laws are amended according to the annex

a. Introductory Act to the Federal Act on Foreign Nationals dated September 14, 2009,

b. Act concerning the Introduction of the Federal Factory Act dated June 18, 1914 (Procedure for Civil Disputes arising from Employment Relationships and Cantonal Conciliation Office) dated November 29, 1926.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.