Ordinance on the Execution of Sentences and Measures (JVV) - Scope (JVV)

1. The regulation governs the organization, responsibilities, and procedures of the forms of sanction enforcement listed under § 1 of the Law on Penal Execution (JVG) dated September 14, 2015, in the Canton of Lucerne.

2. It regulates pre-trial detention and security detention, insofar as they are not governed by the Swiss Code of Criminal Procedure (StPO) dated October 5, 2007, and the Law on Penal Execution.

1. The Department of Justice and Security is the supervisory authority over the administration of justice.

2. The Department of Justice and Security

a. may grant private correctional facilities the authorization to execute sentences and measures, insofar as federal law provides for this,

b. may grant private correctional facilities disciplinary authority to enforce house rules.

1. The Office for Military, Civil Protection, and Correctional Services, along with its subdivisions - the Grosshof Correctional Facility, the Wauwilermoos Correctional Facility, and the Probation and Enforcement Services - is responsible for the administration of justice.

2. The subdivisions of the Office for Military, Civil Protection, and Correctional Services operate within their jurisdictions in the name and under the directives of the Office, except in the cases outlined in paragraphs 4 to 6.

3. ...

4. The Office decides on the imposition of forced medication pursuant to § 36 JVG or forced feeding pursuant to § 39 JVG upon the application of a physician.

5. It enters into performance agreements with private correctional facilities that have been authorized to execute sentences and measures, as defined in § 20i of the Financial and Performance Management Act dated September 13, 2010 (FLG).

6. It serves as the cantonal coordination body under the Federal Act concerning the International Convention for the Protection of All Persons from Enforced Disappearance dated December 18, 2015.

1. The Execution and Probation Service enforces the penal orders and verdicts of the Public Prosecutor's Office and the cantonal courts, insofar as the Law on the Organization of Courts and Authorities in Civil, Criminal, and Administrative Court Procedures (Judicial Law) of May 10, 2010, and this regulation do not assign jurisdiction to another office or federal law to a judicial authority.

2. It specifically enforces penal orders and verdicts concerning

a. Imprisonment and substitute imprisonment,

b. Custodial placements,

c. Inpatient measures,

d. Outpatient measures,

e. ...

f. Probation assistance and directives,

g. Early ordered imprisonment and measures,

h. Other measures, provided these are not assigned to another authority by this regulation or another enactment.

2bis. It may utilize technical devices that are securely linked to the monitored person for electronic surveillance within the framework of sentence enforcement.

2ter. It ensures the conduct of consultations on handling violence during eviction processes (§ 13e para. 1 EGZGB) and violence prevention programs (Art. 55a para. 2 StGB). It may enter into performance agreements with third parties.

3. It carries out penal orders and verdicts, as well as decisions of penal authorities and courts from other cantons and the federal level, and from military courts on the basis of mutual legal assistance within the framework of the Ordinance on the Penal Code and the Military Penal Code dated September 19, 2006.

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

5. It informs the ViCLAS Central Office upon request about the commencement and conclusion of a prison sentence or an inpatient measure pursuant to § 13 paragraph 3 of the Intercantonal Agreement on Computer-Based Cooperation of the Cantons in Clarifying Violent Crimes (ViCLAS Concordat) dated April 2, 2009.

6. It executes the Convention on the Transfer of Sentenced Persons dated March 21, 1983, as well as the Additional Protocol thereto.

1. The Public Prosecutor's Office

a. is the competent authority according to the Federal Act on the Division of Seized Assets (TEVG) of March 19, 2004, for issuing statements and providing information to federal authorities, for asserting claims for restitution, and for filing legal appeals,

b. concludes service agreements with private institutions in the juvenile criminal sector, which have been granted authorization for the execution of protective measures, in accordance with § 20i FLG.

1. Sentencing orders by the Youth Prosecutor or Youth Prosecutrix, as well as judgments by the Youth Court and the Cantonal Court in the area of juvenile criminal law, are enforced by the Youth Prosecution Service.

2. The Youth Prosecution Service may employ technical devices that are securely affixed to the juvenile individual for the electronic monitoring of measures and protective measures within the framework of enforcement.

1. Sentences of imprisonment and measures involving deprivation of liberty are generally executed in the facilities designated for this purpose by the Concordat of the Cantons of Northwestern and Central Switzerland concerning the Execution of Sentences and Measures of May 5, 2006 (Sentencing Concordat).

2. They may also be executed in other facilities if the nature of the sanction and federal law permit this.

3. For important reasons, execution may also take place in facilities of other sentencing concordats.

**1. The Penal Institution Grosshof serves the execution of:**

a. * prison sentences and substitute custodial sentences under normal detention,

b. * ...

c. * ...

d. * custodial measures according to the Federal Act on Juvenile Criminal Law of 20 June 2003,

e. * pre-trial detention and preventive detention,

f. * protective custody according to Article 426 of the Swiss Civil Code of 10 December 1907,

g. * provisional apprehension,

h. * coercive measures under immigration law,

i. * arrest outside of military service according to Article 192 of the Military Penal Code of 13 June 1927.

**2. It may operate a special unit for women (Art. 377 para. 2 CC).**

**3. Individuals sentenced to prison terms or custodial measures may also temporarily be admitted to the Penal Institution Grosshof until they are transferred to a suitable institution or therapeutic facility.**

1. The Wauwilermoos Correctional Facility serves as an open institution for the execution of custodial sentences and substitute custodial sentences under normal conditions for male offenders, where there is no risk of escape and no expectation of further offenses.

2. It may operate a special department for the execution of coercive measures in immigration law.

**1. Temporarily detained individuals, persons in investigative or preventive custody, as well as convicted persons, may be held in detention cells of the Lucerne Police for a maximum of 96 hours, whereby after 48 hours, at least a daily walk of one hour must be facilitated.**

1. Private correctional facilities require a permit from the Department of Justice and Security in order to enforce penalties and measures, insofar as federal law provides for this.

2. They must issue house rules which must be submitted to the Military, Civil Protection, and Corrections Service for approval.

1. The management of the correctional facility conducts a check of the entries and exits and informs the competent sentencing authority thereof.

2. It produces photographs as forensic identification measures.

3. It renews the forensic identification measures carried out according to § 27 paragraph 1 of the JVG if their results have become inadequate for ensuring the enforcement of pending sanctions.

1. If a convicted person is of unknown whereabouts or fails to comply with a request from the Execution and Probation Service to commence a sentence, a measure, attend a meeting, undergo an abstinence check, take medication, or follow an ordered supervision, this service may issue a notice for the person's location search or for arrest and police escort.

1. The Probation and Enforcement Service may instruct the police to conduct an inquiry into the personal circumstances of the convicted person, particularly if the person has been transferred from abroad.

1. Accused and convicted persons are obligated to cooperate with the enforcement authorities and facilities in achieving the objectives of enforcement and therapy. Additionally, they must

a. notify any change of residence or place of stay without being prompted,

b. disclose their economic capacity, their employment income, and any benefits received from social insurance,

c. sign the necessary assignment declarations in cases of assistance with the payment of non-enforcement related incidental costs,

d. strictly adhere to the instructions and conditions imposed by judgment, decision, or order.

2. They are liable for damages they culpably cause. The Canton is liable subsidiarily. It may seek recourse against the accused and convicted persons.

1. Fines, monetary penalties, and compensation claims imposed by criminal authorities and courts of the Canton of Lucerne are collected by the last deciding cantonal instance pursuant to § 96 of the Justice Act.

2. The Enforcement and Probation Service collects fines, monetary penalties, and compensation claims that are to be collected on behalf of a federal authority or court.

1. If the convicted person does not pay the fine or monetary penalty within the specified deadline, and it is uncollectible through enforcement proceedings, the collection agency shall forward the case to the correctional and probation service for the execution of the substitute custodial sentence.

2. If the fine or monetary penalty is paid subsequently, the substitute custodial sentence is waived.

1. If an accused person is granted early commencement of imprisonment, they are subject to the execution regime of the penal system.

2. If the probation and enforcement service considers an opening of the sentence execution, it provides the prosecution or the court an opportunity to comment.

3. The prosecutor or the president of the competent court decides on releases.

4. The probation and enforcement service is responsible in the early execution of sentences for providing victim information in the sense of Article 92a of the Criminal Code.

1. The convicted person serves the prison sentence under standard execution unless the conditions for another form of execution are met.

2. The standard execution takes place in an open correctional facility if it can be assumed that its limited supervision and control measures are sufficient to prevent escape, to avert new offenses, and particularly to protect the public. In other cases, the execution takes place in a closed correctional facility or in the closed unit of an open correctional facility.

1. The enforcement and probation service may transfer admitted individuals during the course of enforcement to another correctional facility, a psychiatric clinic, or an accredited private correctional facility if their condition, behavior, or safety necessitates it, their treatment requires it, or their reintegration is thereby facilitated.

2. The transfer to another correctional facility can be initiated by the enforcement authority or at the request of the current correctional facility, specifying the reasons.

1. The Corrections and Probation Service may, pursuant to Article 92 of the Criminal Code, grant an interruption of enforcement for important reasons.

2. The granting of an interruption may be subject to conditions, particularly regarding conduct, employment, place of residence, or reporting obligations, as well as the imposition of supervision or care.

1. Individuals who are definitively released from sanction enforcement can seek support from the enforcement and probation service.

1. The Enforcement and Probation Service shall examine, upon request, whether the conditions for one of the following special forms of sentence execution for imprisonment are met

a. * Semi-detention (Art. 77b StGB),

b. * Community service (Art. 79a StGB),

c. * Electronic monitoring (Art. 79b StGB).

2. If the conditions are met, it shall determine the stipulations and conditions, as well as the portion of execution costs to be paid, in the execution order.

1. The arrangement and execution of semi-detention, community service, and electronic monitoring are governed by the directive of the Penal Execution Concordat of Northwestern and Central Switzerland regarding special forms of execution, particularly with respect to

a. the temporal and personal prerequisites,

b. the approval procedure,

c. the execution plan and execution releases,

d. the consequences of rule violations or non-compliance with the execution plan,

e. the cost participation,

f. crediting of partial payments,

g. changes in admission prerequisites after approval has been granted or during execution,

h. the termination of the execution,

i. the conclusion of the execution.

1. The wages earned during a special form of execution belong to the convicted person.

2. Remuneration in the sense of Article 83 of the Criminal Code shall not be reimbursed.

1. In special forms of execution, insurance against accidents is the responsibility of the convicted person.

2. The canton insures the convicted person against the consequences of accidents, insofar as they do not already have sufficient insurance coverage.

1. The convicted person is required to contribute to the execution costs during the enforcement of the custodial sentence in the form of semi-detention or electronic monitoring with an amount of 40 francs per day of enforcement.

2. The Correctional and Probation Service may waive the cost contribution in whole or in part if the convicted person is unable to pay. The guidelines of the Cantonal Court regarding the subsistence minimum apply.

1. The personal expenses incurred in performing community service work, specifically the costs for work clothing, commuting, and meals, shall be borne by the convicted person.

1. The Correctional and Probation Services decide on the admission to the work or the residential and work external program as per Articles 77a and 90 paragraph 2bis of the Swiss Criminal Code (StGB).

2. In doing so, it determines who will supervise and monitor the convicted person.

3. The guidelines of the Penal System Concordat apply to the prerequisites, decision-making competencies, and framework conditions.

1. The probation and correctional services may revoke the authorization for transfer to work release or residential and work furlough and order a return to regular imprisonment if

a. the conditions are no longer met,

b. the convicted person does not comply with the conditions and requirements, or

c. the convicted person violates the facility's house rules.

2. The correctional facility shall report to the probation and correctional services when grounds for revocation exist.

1. Upon the request of the convicted person, the Enforcement and Probation Service may order electronic monitoring for a duration of three to twelve months in lieu of a work release program or a residential and work release program.

2. The request must be submitted in a timely manner, at least two months before the possible commencement of a work release program, through the social service of the correctional facility to the enforcement authority.

1. The convicted person contributes to the costs of the external work program or the residential and work external program with a contribution of 50 francs per execution day.

1bis. If electronic monitoring is ordered instead of the external work program or the residential and work external program, the convicted person contributes to the costs with a contribution of 40 francs per execution day.

2. The enforcement and probation service may waive the cost contribution in whole or in part if the convicted person is unable to pay. The guidelines of the Cantonal Court regarding the minimum subsistence level apply.

1. The enforcement authority is deemed to be the competent authority in the sense of the Penal Code, unless another competence, particularly for executions, is specified.

2. The Probation and Enforcement Service submits an application to the first-instance court if a subsequent decision by a court is required under federal law.

3. It notifies the Child and Adult Protection Authority in accordance with Article 62c paragraph 5 of the Penal Code, if it considers a child and adult protection measure to be appropriate upon the termination of the penal measure.

1. The Probation and Parole Service applies, mutatis mutandis, the directive of the Cantonal Court and the Office of the Chief Public Prosecutor concerning psychiatric and testimonial psychological reports in criminal proceedings dated May 7, 2014, when preparing assessments.

1. The concordat expert commission evaluates, upon request from the enforcement and probation service, the public danger posed by adult offenders in the cases listed in the regulation for the concordat expert commission. In the case of juvenile offenders, the juvenile prosecutor's office submits a request for evaluation.

2. The requesting authority provides the expert commission with the necessary documents for the evaluation.

1. Before decisions regarding the opening of the execution are made, the convicted person must be given access to the expert report and the report of the specialist commission as part of the right to be heard, and must be provided with the opportunity to comment.

1. The Correctional and Probation Service may order that the convicted person be temporarily treated as an inpatient to initiate treatment pursuant to Article 63 paragraph 3 of the Swiss Criminal Code (StGB).

2. It periodically reviews the established therapy goals and determines appropriate control measures.

1. The Probation and Enforcement Service regulates the implementation of outpatient treatment when a prison sentence is deferred with the convicted person.

1. The Enforcement and Probation Service regulates the execution of an outpatient treatment during the imprisonment of a convicted person with the correctional facility.

2. It ensures that the enforcement of the outpatient treatment is integrated into the correctional plan of the convicted person.

1. The Correctional and Probation Service shall designate the appropriate professional to carry out the ordered therapy.

2. If outpatient treatment is conducted during incarceration, it generally relies on the existing services of the correctional facility. The Correctional and Probation Service may grant exceptions in justified cases and in consultation with the correctional facility.

1. The professional is obliged to conduct a lawful and recidivism-preventive offense- and problem-oriented therapy, implement the instructions of the ordering authority, monitor compliance with these instructions, and report to the enforcement and probation service.

1. The Probation and Enforcement Service provides an opinion to the procedure management on applications for early commencement of measures.

1. The professional responsible for therapy or the execution of orders is released from the obligation of confidentiality towards the enforcement authority and the correctional institution.

1. The specialist shall submit a written report to the enforcement authority upon request or at previously agreed dates.

2. The specialist shall promptly and without solicitation inform the enforcement authority about any occurrences and findings,

a. which suggest a relapse-relevant critical development,

b. which pertain to the non-compliance with agreements and deadlines by the convicted person,

c. which question the continuation of therapy.

3. The specialist may recommend changes to the conditions and requirements of the enforcement.

1. The reports of the specialists shall include in particular

a. the diagnosis and description of the therapy, including the issues addressed,

b. statements regarding the reliability and motivation of the convicted individual,

c. information on compliance with instructions and additional conditions,

d. details on the achievement or non-achievement of therapy goals and changes in crime-relevant areas,

e. assessment of the legal prognosis and evaluation of the risk of recidivism,

f. recommendation for the continuation, modification, or termination of the therapy.

1. The specialist shall report to the enforcement authority when the treatment or instruction is

a. deemed futile, or

b. completed according to the method of the specialist or the concept of the enforcement institution.

2. In the case of subsection 1b, the enforcement and probation service shall review further enforcement possibilities. Otherwise, it shall revoke the measure or instruction.

1. The Enforcement and Probation Service is responsible, on behalf of the courts, for the electronic monitoring of alternative measures pursuant to Article 237 paragraph 3 of the Swiss Criminal Procedure Code (StPO).

1. The Office for Migration executes deportations pursuant to Articles 66a and 66abis of the Swiss Penal Code and Articles 49a and 49abis of the Military Criminal Code of June 13, 1927.

2. The Probation and Parole Service promptly informs the Office for Migration of the date of conditional or final release from the enforcement of sanctions.

1. Execution and Probation Service executes

a. occupational bans according to Articles 67 and 67a of the Swiss Criminal Code (StGB),

b. contact and area bans according to Article 67b of the Swiss Criminal Code (StGB).

1. If a contact and exclusion order mandated by the court is electronically monitored, the affected person must contribute an amount of 40 Swiss francs per day of enforcement.

1. The Road Traffic Office enforces the court-ordered driving bans in accordance with Article 67e of the Swiss Criminal Code (StGB).

1. The Juvenile Prosecutor's Office may electronically monitor the compliance with protective measures, in particular

a. in the case of a prohibition on leaving a specific place,

b. to ensure adherence to a daily structure.

1. The guardian shall inform the management of the correctional facility if an admitted person is fasting in protest or refuses to consume food and drink.

2. The physician of the correctional facility shall repeatedly inform the admitted person about the risks of prolonged fasting. If the physician and the admitted person cannot communicate clearly and securely, a translator or another suitable assistant must be involved.

3. Despite the expressed intention of the admitted person to refuse food, meals are to be offered to them three times a day. Access to beverages must be ensured at all times.

4. The management of the correctional facility shall have the judgment capacity of the admitted person assessed by a forensic psychiatrist.

5. If the judgment capacity is confirmed, the admitted person may confirm in an advance healthcare directive with their signature that they expressly reject force-feeding, even if such fasting leads to death.

1. All measures taken in the sense of § 55 must be documented in a dossier in a chronological and complete manner.

2. Additionally, lists must be maintained particularly concerning

a. the number and type of briefings given to the admitted person by the doctor,

b. the number and type of meals offered,

c. the number and result of weight checks conducted on the admitted person.

1. The Enforcement and Probation Service undertakes the responsibilities of probation assistance in accordance with the Swiss Criminal Code and the directives of the Penal Execution Concordat.

2. It collaborates in probation assistance with law enforcement agencies, judicial and penal execution authorities, as well as social services.

1. Probation assistance aims to reduce recidivism and provide the necessary social and professional support. The autonomy and responsibility of the convicted person, as well as their reintegration into society, are promoted. Particular attention is given to the support, control, and change needs of the convicted person. Preparations for release must be coordinated with correctional facilities.

2. Supervision may exceptionally be continued after the probation period has expired if the convicted person desires it and the administration of the correctional and probation service agrees.

1. Voluntary social support shall be ensured during the criminal proceedings and during the enforcement of sentences. For individuals committed to correctional facilities, social support shall be provided by the social service of the facility, and in other cases, by the correctional and probation service.

1. Probation officers prepare a report on the supervised accused or convicted person in the event of extraordinary incidents or at the request of the public prosecutor's office, the courts, or the enforcement authority.

2. The report serves the purpose of judgment and the planning of the execution of sentences and measures. The accused or convicted person is informed about the content of the report.

3. Depending on the need and case, the report should provide information on the personality of the supervised person, their personal environment, the course of supervision, changes in the crime-related problem areas, and the need for support and control. Recommendations or applications for further action conclude the report.

1. Persons in custody shall be housed in solitary confinement or in group detention.

2. The following groups of persons must be strictly separated

a. Adults and juveniles,

b. Male and female persons.

3. Where possible, sentenced prisoners, detainees on remand, and persons admitted by administrative decision should be separated from one another.

1. The committed persons shall receive simple, nutritious, and adequate meals.

2. Variations from the meals provided by the correctional institution are permitted for reasons of religious beliefs, for individuals who are strict vegetarians, or upon the instructions of the institution's physician (particularly in the case of a diet).

1. Any admitted person may register for personal interviews with the director of the correctional facility, the chaplains, and the members of the supervisory commission.

1. The admitted individual may spend at least one hour daily outdoors, in accordance with the directives of the management of the correctional facility.

2. The management of the correctional facility may restrict this right for security or disciplinary reasons.

1. The committed person in standard detention is obligated to work pursuant to Article 81, Paragraph 1 of the Criminal Code, provided the detention facility has an appropriate offer. They must perform the assigned work diligently and to the best of their ability.

2. They receive reasonable remuneration for the work performed. The detention facility determines the amount of remuneration based on the performance provided and considering the guidelines of the Penal Execution Concordat.

3. The Department of Military, Civil Protection, and Correctional Services issues regulations on the use of remuneration during detention, taking into account the guidelines of the Penal Execution Concordat.

1. The correctional facility ensures that, if suitable, the convicted person is given the opportunity to receive education or training corresponding to their abilities whenever possible (Art. 82 SCC).

1. The correctional facility insures the incarcerated individuals in accordance with the guidelines of the Penal Execution Concordat.

1. The Military, Civil Protection, and Correctional Services Department is responsible for providing medical care to the inmates at the Wauwilermoos and Grosshof correctional facilities. It may enter into service agreements with third parties.

1. The administration of the correctional facility enables the incarcerated individuals to participate in internal institutional religious services and other internal institutional religious celebrations.

2. The Military, Civil Protection, and Correctional Services Office ensures pastoral care for the incarcerated individuals in the correctional institutions of Wauwilermoos and Grosshof. It may enter into service agreements with third parties.

3. It appoints one chaplain each from the Catholic and Reformed denominations, who can freely interact with the incarcerated individuals.

4. Chaplains of other denominations may be granted access by the administration of the correctional facility.

1. The correspondence of the admitted persons may be monitored by the administration of the correctional facility.

2. The receipt of letters is allowed without restriction.

3. The receipt of packages and the sending of letters are permitted within the framework of the house rules.

1. The persons admitted are permitted to use the telephone and other communication and data transmission devices of the correctional facility in accordance with the house rules.

2. The recording and monitoring of telephone conversations are governed by § 29 JVG.

3. The possession and use of private mobile phones and pagers, as well as other private communication and data transmission devices, are prohibited. Paragraph 4 remains reserved.

4. The Wauwilermoos Correctional Facility may allow the possession and use of communication and data transmission devices, particularly mobile phones, for personal use by the admitted persons in open detention. The specifics are regulated in the house rules.

1. The administration of the correctional facility allows inmates to receive visits in accordance with the house rules.

2. Visits are generally conducted under supervision. Visits by Swiss officials, attorneys, medical doctors, clergy, and social workers in their official or professional capacity are generally not supervised.

3. Any abuse of visiting rights, particularly through the unauthorized passing or receiving of letters, money, or goods of any kind, will result in the visit being terminated. The administration of the correctional facility may subject visitors to a search. It may also exclude certain visitors from visits.

1. There is no legal entitlement to leave.

2. Leave may be granted to maintain personal relationships with the outside world, particularly with family, as well as for compelling professional reasons and for preparation of release.

3. The authority responsible for granting leave is the execution authority. This authority may delegate this competence to the management of the correctional facility, provided that there is no issue of public danger or risk of flight concerning the incarcerated individual. In open correctional facilities, the management of the facility is competent for approval, unless the execution authority orders otherwise.

4. Moreover, the granting of leave is governed by the guidelines of the Penal Code Concordat.

1. Trade, possession, and consumption of alcohol, illegal drugs, and unauthorized medications are prohibited during incarceration within correctional facilities.

2. Permitted are medications that have been prescribed by a doctor or have been approved by the facility’s physician.

3. The dispensing of medication is prepared by a medically responsible professional within the facility.

4. Employees of the correctional facility may dispense medications if the medically responsible professional has prepared the dispensing and instructed the employees.

1. Smoking is generally not permitted, except in the areas designated by the house rules and outdoors.

1. Items whose possession is prohibited within the correctional facility are to be confiscated by the administration of the correctional facility.

2. The administration of the correctional facility shall, depending on the nature of the contraband, generally destroy it themselves, transfer it to a pharmacy for proper disposal, or forward it to the Lucerne police for destruction or utilization.

1. The social service of the correctional facility assists the inmates with personal matters. In preparing for release, it consults the correctional and probation service.

2. Additional social services may be involved.

1. Applications for financial social assistance are to be submitted through the social service of the correctional facility to the community responsible for financial social assistance.

2. Applications on which the Canton must decide pursuant to § 47 paragraph 2b JVG are decided by the Department of Social Affairs and Society.

1. The correctional facilities Grosshof and Wauwilermoos each issue a house rule that specifically regulates the following areas

a. the admission procedure,

b. the inspection of effects, valuables, and identification documents, their possession in the cells, as well as their deposit,

c. the rights and obligations of the committed individuals,

d. the competencies within the enforcement institution,

e. * the receipt and dispatch of letters and parcels,

ebis. * the possession and use of communication and data transmission devices, particularly landline telephones, mobile phones, computers, laptops, and tablets,

f. receiving visitors, visit outings, external and leisure activities,

g. personal and relationship leave,

h. health and social care, drugs, alcohol, and medication,

i. insurance matters (illness, accident, and AHV/IV),

j. * work, education and training, as well as compensation, free, restraint, and restitution accounts,

k. disciplinary measures,

l. the discharge procedure.

2. The house rules require the approval of the Department of Military, Civil Protection, and Corrections.

1. For persons in pre-trial or security custody, the special provisions in Part 8, with the deviations and additions according to Part 9, shall apply.

2. Insofar as it is necessitated by the purpose of the investigation procedure, the public prosecutor's office or the court may issue differing orders.

1. The receipt of visits according to § 72 and the use of the telephone or other means of communication according to § 71 require the approval of the public prosecutor's office or the court for persons in pre-trial or security detention.

2. The public prosecutor's office or the court decides on the supervision of visits and on the exclusion of visits according to § 72.

3. Persons in pre-trial or security detention are not permitted to use communication and data transmission devices within the framework of the house rules without permission.

1. The prosecution or the court may impose special conditions for the daily walk of persons in investigative or security custody.

1. Persons in investigative or security detention cannot be compelled to work.

2. Receiving reading material from outside the Grosshof correctional facility requires the approval of the public prosecutor's office or the court.

1. The granting of leave and privileges for persons in investigative or preventive custody is decided by the public prosecutor's office or the court.

2. The correctional and probation service decides on the opening of custody for persons who are in preventive detention in the context of subsequent judicial proceedings pursuant to Article 363 et seq. of the Code of Criminal Procedure (StPO). If it considers an opening of custody, it gives the court an opportunity to comment. The court's decision on a release remains reserved.

1. In the correctional institutions of the canton as well as in the private correctional facilities, the management is responsible for imposing disciplinary sanctions.

1. In private correctional facilities, only the disciplinary sanctions contained in § 41 paragraphs 1a-e of the JVG may be imposed, with any cell or room confinement not exceeding seven days.

2. The permissible disciplinary sanctions must be explicitly listed in the house rules.

1. The management of the correctional facility clarifies the facts of the case and records them in writing.

2. It provides the admitted person the opportunity to express their views on the incident within the framework of the right to be heard.

1. The management of the correctional facility orally communicates the disciplinary decision to the admitted person and simultaneously hands over the written decision against signature.

2. The disciplinary decision must include information on legal remedies.

1. The confinement to a room or cell is executed outside of working hours in the individual's own cell, an unoccupied cell, or a disciplinary cell.

2. The detention is executed in the disciplinary cell.

1. The provisions of Sections 180-187 of the Administrative Procedure Act of July 3, 1972, apply to supervisory complaints.

1. The Executive Council appoints a supervisory commission and its respective presidents for each of the correctional facilities Grosshof and Wauwilermoos.

2. The supervisory commissions are advisory bodies for the Department of Justice and Security, for the leadership of the Office of Military, Civil Protection, and Corrections, as well as for the management of the correctional facilities.

3. The members of the supervisory commissions supervise the operation and order of the correctional facility through monthly visits on a rotation basis and report to the Department of Justice and Security in joint meetings. In cases of serious findings, an immediate report must be made to the Department of Justice and Security.

1. The supervisory commissions consist of five to seven members each, who are elected for a term of four years upon the proposal of the Department of Justice and Security.

2. The head of the Office of Military, Civil Protection, and Corrections is an ex officio member of the supervisory commissions.

3. The management of the Grosshof Correctional Facility or the Wauwilermoos Correctional Facility is represented at the meetings of the supervisory commission.

4. Furthermore, the supervisory commissions constitute themselves and regulate their affairs in an organizational regulation.

1. The Department of Military, Civil Protection, and Corrections promotes the education and training of employees working in the execution of sanctions, within the framework of the guidelines of the Penal Enforcement Concordat.

1. The parole and probation services ensure the execution of community service work that has been ordered by the criminal authorities pursuant to Articles 37 et seq. and Article 107 of the Criminal Code, in its version effective until December 31, 2017.

2. It submits an application to the competent criminal authority if the community service work cannot be executed.

1. The Ordinance on the Execution of Justice of December 12, 2006, is repealed.

1. The regulation shall enter into force, with the exception of § 52, on July 1, 2016. § 52 shall enter into force on October 1, 2016. The regulation is to be published.