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

1. The Correctional Ordinance regulates the execution of penalties and measures, the operation of prisons, and the collection of fines related to penalties, measures, and procedural costs. It is also applicable to police custody (preliminary arrest), pre-trial, security, and extradition detention, military arrest, as well as detention based on asylum and immigration law.

1. Guidelines

a) * § 8: Guidelines of the Eastern Swiss Penal Execution Commission dated April 7, 2006, for Execution Planning

b) * § 10 para. 1: Guidelines of the Eastern Swiss Penal Execution Commission dated April 7, 2006, for Execution Planning

c) § 10 para. 2: Guidelines of the Eastern Swiss Penal Execution Commission dated April 19, 2012, regarding Records

d) * § 14: Guidelines of the Eastern Swiss Penal Execution Commission dated April 7, 2006, for Execution Planning

e) * § 15: Guidelines of the Eastern Swiss Penal Execution Commission dated April 5, 2024, concerning the Granting of Leave and Vacation

f) § 27: Guidelines of the Eastern Swiss Penal Execution Commission on Conditional Release from Penal Execution dated April 7, 2006

g) * § 56a: Guidelines of the Eastern Swiss Penal Execution Commission dated March 26, 2021, pertaining to Cost Bearers for Execution Costs and Personal Expenses

h) * § 57: Guidelines of the Eastern Swiss Penal Execution Commission dated October 23, 2020, regarding Work Compensation

i) * § 95, § 97c, § 102a: Guidelines of the Eastern Swiss Penal Execution Commission dated October 25, 2024, concerning Special Forms of Execution (Community Service, Electronic Monitoring, Semi-Imprisonment)

j) * § 104: Guidelines of the Eastern Swiss Penal Execution Commission dated April 7, 2006, on the Granting of Work Externships and Residential Externships, Electronic Monitoring as a Substitute for Work or Residential Externships (EM-Backdoor), and Employment of Inmates with Private Employers

k) § 110: Guidelines of the Eastern Swiss Penal Execution Commission on the Execution of Inpatient Addiction Therapies dated April 8, 2011

2. The listed guidelines can be accessed at www.osk-web.ch.

1. The Office for Justice and Municipalities is the executing authority for custodial sentences, special forms of penalties and execution, measures, and court-issued instructions. It also carries out deprivation of liberty on behalf of the juvenile criminal authority according to Article 25 of the Federal Act on Juvenile Criminal Law.

1bis. The Migration Office and Passport Office is the executing authority for deportations.

2. The adjudicating authority is responsible for setting the payment deadline for fines and penalties, for measures that involve monetary demands, and for the ordering of security deposits. The collection is carried out by the cantonal financial administration.

3. The executing authority issues decisions related to the execution, makes the necessary clarifications, and conducts execution control.

1. If a custodial sentence, measure, or court-issued directive is to be executed, or if early incarceration or commencement of the measure is granted, the judicial authority shall inform the execution authority of this.

2. If the accused or convicted person is placed in pre-execution detention until the commencement of execution, the decision must be communicated to the execution authority without delay.

3. The execution authority shall receive the files upon request.

1. In the absence of an early commencement of a sentence or measure, the execution authority shall determine the time for commencing a sentence of imprisonment or a custodial measure.

2. The execution authority shall inform the convicted person of the specific forms of execution in the summons for the commencement of a prison sentence.

3. If there is a risk of flight or a significant threat to public safety or the purpose of the measure, the sentence of imprisonment or custodial measure shall be executed immediately.

4. If the summons is not obeyed, the execution authority is authorized to arrange for the arrest and, if necessary, the search or extradition of the convicted person.

1. The execution of a custodial sentence shall be postponed or suspended if the convicted person becomes mentally ill, or if due to another illness there is an imminent danger to life to be feared.

2. If the deprivation of liberty would cause extraordinary significant harm to the convicted person or their family, a postponement may be granted for a maximum period of six months.

3. An application for postponement must be submitted in writing and with reasoning to the enforcement authority no later than 20 days before the commencement of the sentence or measure.

1. Applications for suspension of enforcement pursuant to Article 92 of the Swiss Criminal Code must be submitted in writing to the enforcement authority. The decision is made based on a report from the management of the penal institution.

1. If the judicial authority considers ordering an inpatient therapeutic measure or detention, it shall obtain an opinion from the enforcement authority.

1. The enforcement authority decides, within the framework of the Concordat of the Eastern Swiss Cantons on the execution of penalties and measures dated October 29, 2004, in which institution or by which agency the custodial sentence, measure, or instruction is to be executed.

2. The authority shall be guided by the guidelines designated in the annex by the Eastern Swiss Penal Enforcement Commission.

1. In cases of pre-trial detention, legal protection is governed by the Code of Criminal Procedure, while in all other cases, it is governed by the Administrative Procedure Act.

1. Where nothing specific is noted, the actions of the enforcement authorities shall be governed by the guidelines of the Eastern Swiss Penal Execution Commission.

1. The enforcement authority directs and coordinates the planning of the entire enforcement process, including the probation period following conditional release. It adheres to the guidelines specified in the appendix of the Eastern Switzerland Penal Enforcement Commission.

2. It ensures that the involved entities, particularly the correctional facility, probation service, and therapeutic personnel, receive the necessary information and documents required for fulfilling their duties. Enforcement in an out-of-canton correctional facility is governed by the guidelines specified in the appendix of the Eastern Switzerland Penal Enforcement Commission.

1. The correctional facility shall prepare the execution plan together with the admitted person. The planning shall include

a) the correctional authority upon request

b) the probation service or other specialist services as needed, particularly in preparation for release

1. The probation service reports to the enforcement authority and the correctional facility regarding the individual admitted, if it is already familiar with this individual due to previous supervision, and provides recommendations for the execution planning.

2. It is involved in the release preparation as needed. It makes early contact with the person to be released and provides recommendations for the imposition of probation assistance and directives.

1. The Execution Plan is an instrument for planning and specifying the objectives of imprisonment in individual cases. It serves as a guide for all those involved in the deprivation of liberty. The Execution Plan is not subject to appeal, and no enforceable rights can be derived from it. It is an essential basis for shaping opinions and making decisions in significant execution orders. When contesting such decisions, the absence, incompleteness, illegality, or ineffectiveness of an Execution Plan can be challenged.

2. The Execution Plan is periodically reviewed and adjusted if necessary. Its drafting, periodic review, and any necessary adjustments are not carried out through a formal administrative procedure.

1. Execution planning identifies the strengths and weaknesses of the committed person and aims to gradually implement measures for a crime-free lifestyle, thereby sustainably improving the legal prognosis.

2. The execution plan establishes for each committed person, depending on the duration of the execution and the expected living conditions after release, the goals of execution and specifies the measures, as well as educational and therapeutic means, by which these goals are to be achieved. Compliance with the execution plan and the active participation of the committed person in achieving the execution goals are prerequisites for the approval of execution releases and phases.

3. In penal execution, planning is oriented towards allowing the committed person to be conditionally released after serving two-thirds of the sentence unless there are special reasons against it.

4. The execution plan is prepared in writing. An entry or assessment interview is conducted with the committed person, where they can express their views on the content of the execution plan and make proposals. The legal representative of the committed person is involved as far as necessary, possible, and appropriate, especially if the committed person cannot comprehend the significance of the execution plan due to mental or physical impairment or other reasons.

5. Otherwise, the execution planning is guided by the guidelines designated in the annex by the Eastern Swiss Penal Execution Commission.

1. The provisions concerning the granting of leave and vacation apply to individuals in standard imprisonment.

2. They are applied mutatis mutandis to forms of detention such as semi-imprisonment, work release, as well as to measure enforcement and the imprisonment preceding preventive detention, insofar as no special regulation exists.

3. Subject to the following provisions, the granting of leave and vacation is governed by the guidelines designated in the annex by the Eastern Swiss Penal Enforcement Commission.

1. The enforcement authority decides on the granting of leave and vacations. It may delegate this power to the correctional facility.

2. In cases of early enforcement of sentences or measures approved before January 1, 2024, the authority responsible for proceedings must be requested for a statement.

3. The approval may be subject to conditions and requirements. In particular, accompaniment during leave or vacations may be ordered, or adherence to a vacation program may be required. The correctional facility verifies the vacation address provided by the admitted person.

4. For persons in extradition detention, the consent of the Federal Office of Justice is required for leaves and vacations (IRSV; SR 351.11).

1. Leave or furlough may be granted to the committed person if

a) there is no risk of escape or commission of further offenses

b) the person adheres to the execution plan and actively participates in reintegration efforts

c) their attitude and conduct during execution, as well as their work performance, do not give rise to any complaints

d) there is reason to believe that they

1. return to the facility on time

2. comply with the conditions and requirements set by the competent authority, and

3. do not abuse the trust placed in them during the furlough

e) they possess sufficient means to cover the costs of the leave or furlough

2. In the event of a transfer to another facility, the timing, scope, and duration of leave or furlough are determined by the execution plan, provided the approval prerequisites continue to be met.

3. The rejection of a leave or furlough request must be briefly justified.

4. Leave or furlough may not be spent abroad.

1. The purpose of leave is to maintain contact with individuals outside the correctional facility, to uphold a connection to the outside world, and for therapeutic purposes. It is intended to promote the social behavior of the committed person. The correctional facility determines the location where the leave is to be spent or designates an area that must not be left.

1. In closed detention, leave is only permissible as part of therapeutic programs or as a part of the relaxation levels of the detention facility that are conceptually or within the execution plan provided. It lasts no longer than 5 hours. Group leave is supervised.

1. Special leave is intended for the handling of urgent, unavoidable personal, business, and legal matters for which the presence of the committed person outside the correctional facility is indispensable.

2. Special leave may, in particular, be granted

a) for the marriage and the conversion of the partnership into a marriage of the committed person themselves or of immediate family members

b) for the birth, baptism, first communion, confirmation, or confirmation ceremony of the committed person’s own child and similar occasions of other religious denominations

c) in cases of serious illness, death, or the funeral of a close family member of the committed person or a person close to them

d) for important official contacts, insofar as personal contact is necessary and cannot take place within the correctional facility

e) for attending medical treatments and therapies, insofar as these cannot be conducted within the correctional facility

f) for preparing for release, particularly attending an interview at the future workplace, seeking accommodation, or for discussions with agencies responsible for aftercare

1. The duration of the material leave is determined by the purpose of the leave and is established on a case-by-case basis. The maximum duration is 16 hours.

1. Relationship Leave serves the purpose of building, maintaining, and nurturing personal and family relationships, insofar as this is valuable and necessary for the social reintegration of the convicted individual. It is part of the execution plan.

2. Relationship Leave may particularly be granted for visits to

a) spouses, registered partners, life partners, own children, parents, or siblings

b) other close relatives, provided there are closer relationships with these persons

c) other persons if the close relationship can be a genuine help after release

1. Relationship leave may be granted in closed detention at the earliest after serving one-third of the imposed unconditional sentence, but no more than 6 years, provided that the stay in the detention facility has lasted at least 2 months.

2. Pre-trial detention and security custody, as well as stays in other detention facilities, are credited toward the minimum duration. In any case, the acclimatization and observation phase must be observed.

1. Relationship leave may be granted in closed detention for a maximum of the following duration: 28 hours per completed month in the first year of eligibility for leave (a total of 14 days), subsequently 32 hours per completed month (a total of 16 days).

2. Relationship leave lasts up to 56 hours in the first year of eligibility for leave, thereafter up to 72 hours.

1. The decision regarding conditional release must be based on an assessment of the anticipated future behavior (legal prognosis), meaning a comprehensive evaluation of all relevant prognostic factors must be undertaken. Legally prognostic factors include, in particular

a) the entire history of criminal activity, such as frequency and duration of previous convictions, prior prison or corrective measures, early releases, and recidivism during probation periods

b) the offender's personality, specifically

1. the recent attitude of the convicted person

2. the anticipated sustainability of any improvement observed

c) the criminal and other behavior of the convicted person, where

1. the circumstances of their crimes are only significant to the extent that they provide insights into the offender's personality and future behavior

2. behavior during incarceration is to be included in the comprehensive evaluation

3. aside from the likelihood of committing new offenses, the endangered legal interests must also be assessed

d) * the expected living conditions of the convicted person after release, particularly the social environment, employment and housing situation, as well as the likely impact of the imposition of probationary assistance or measures in the fields of adult protection law or asylum and immigration law

2. The granting of the earliest possible conditional release - unless other factors which are legally prognostically unfavorable according to paragraph 1 carry more weight - is generally assumed for convicted persons who cumulatively during incarceration

a) * have adhered to the correctional plan

b) * have actively worked towards achieving the correctional goals

c) have not served prison sentences exceeding three months in the last 5 years prior to the offense(s) and have not been in preventive detention

d) have not been repeatedly conditionally released

e) do not have a significant remaining sentence from previous imprisonment outstanding and do not need to serve a longer new sentence or a sentence for similar offenses

f) have not committed serious disciplinary violations during imprisonment - especially towards the end of the sentence - that raise doubts about the contractual capacity and trustworthiness of the convicted person

g) have not committed criminal offenses during incarceration, particularly during an escape

3. Even when legally prognostically unfavorable factors predominate, conditional release from fixed-term prison sentences is generally granted if cumulatively

a) the risk of new delinquency likely cannot be reduced by further serving the sentence

b) in case of any relapse, no high-value legal interests such as life and limb or sexual integrity are affected

c) the risk of new delinquency can likely be more effectively addressed through the issuance of instructions and the imposition of probationary assistance

**1. Conditional Release Before Serving Two-Thirds of the Sentence**

A conditional release before reaching two-thirds of the sentence duration may be granted, upon the request of the convicted person, exceptionally after serving half of the sentence, if extraordinary personal circumstances of the convicted person provide sufficient assurance that they will not commit any further crimes or offenses.

**2. Such extraordinary circumstances can particularly be considered if:**

a) the health condition of the convicted person has deteriorated irreversibly during the execution of the sentence to such an extent that the commission of further offenses is at least very unlikely solely due to impaired health, and an early release appears justified on grounds of equity.

b) the convicted person has experienced such severe impact from the immediate consequences of the act after the conviction that it can be assumed the purpose of the punishment has been fully achieved before reaching two-thirds of the sentence duration.

c) the convicted person proves that they have significantly improved their legal prognosis under extraordinary hardships after the conviction through exceptionally intensive engagement with the act and its consequences on their own initiative.

d) the convicted person proves that they have best fulfilled the financial obligations arising from the conviction and execution proceedings (compensation and satisfaction payments, costs of the criminal proceedings or criminal execution) under extraordinary hardships after the conviction.

1. Conditional release is reviewed upon application by the person duly convicted or ex officio. The management of the correctional facility submits a conduct report and makes a recommendation.

2. Before the decision of the competent enforcement authority on conditional release, the convicted person must be heard if

a) * conditional release cannot be granted without further ado, or

b) * the convicted person expressly requests a hearing in the application for conditional release, even in the event of approval of the application.

3. Otherwise, the granting of conditional release is governed by the guideline designated in the annex by the Eastern Switzerland Correctional Commission.

1. The cantonal prison serves the enforcement of

a) * Police, investigative, and security detention as well as extradition detention

b) Custodial sentences within the framework of the Concordat of the Eastern Swiss Cantons on the Implementation of Sentences and Measures of October 29, 2004

c) Detention under juvenile criminal law for less than one month, provided no suitable detention facility is available

d) Detention based on asylum and immigration law

e) * Military arrest

1. Admitted persons are entitled to proper treatment.

2. The Department of Economic Affairs exercises supervision over the prison, subject to the powers of the procedure management (Art. 235 Swiss Code of Criminal Procedure and Art. 30 Swiss Juvenile Criminal Procedure Code).

1. If sentences are executed in the cantonal prison at the request of an extraterritorial enforcement authority, the prison administration shall determine the execution costs based on the recommendation of the Eastern Switzerland Penal Enforcement Commission (see § 100).

1. Admission requires a final and binding court judgment, a decision regarding the commencement of a sentence, or — in cases of police custody — a notification of custody admission.

2. The prison administration monitors the entry and release of committed individuals and certifies the time served by the inmates to the enforcement authority for the attention of the issuing body.

3. If the release falls on a public holiday (Art. 2 Holiday Act), it shall be brought forward to the preceding day.

1. Admitted individuals must present all items they carry with them upon entry. These items will be listed in an inventory of effects, which must be signed by the admitted person.

2. Items that pose a threat to security, peace and order, health, or hygiene will be confiscated. Identification documents, cash, and valuables will also be taken.

3. Changes to the inventory of effects must be recorded.

4. Upon release, individuals will receive their effects, including cash, identification documents, and valuables, as listed in the inventory of effects and against a signed receipt.

5. The conduct of controls and examinations of inmates, including body searches, is governed by Art. 85 para. 2 of the Penal Code.

1. Upon request, each admitted person shall be provided with a copy of the laws and regulations necessary for safeguarding their rights during their stay at the institution. They shall be informed of this possibility upon admission.

1. The clothing of the admitted persons is generally uniform. Exceptions are determined by the house rules.

2. Detainees under investigation and security prisoners generally wear their own clothes.

1. The committed individuals are generally accommodated in single cells.

2. If necessary, they may be accommodated in multi-occupancy cells.

1. The admitted individuals are given the opportunity to spend at least one hour daily in the exercise yard.

1. Inmates are provided with meaningful recreational activities within the personnel and structural capabilities of the prison operations.

2. With the consent of the prison administration, they may use books, newspapers, magazines, and televisions in their cells. The prison administration may also approve additional electronic devices.

3. Devices intended for connection with other IT equipment or with the outside world, as well as mobile phones, cameras, camcorders, or other specialized electronic accessories, are prohibited. Additionally, the acquisition, possession, and distribution of books, newspapers, and other media that violate legal provisions or threaten the security of the prison are prohibited. Books, magazines, newspapers, as well as devices and data carriers, may be inspected at any time by professionals at a cost or by the care staff.

1. The receipt and dispatch of letters and other correspondence is not restricted, unless the necessity for control is significantly hindered or rendered impossible by number, volume, or language. The receipt of parcels and gifts in the prison is regulated by the house rules.

2. Letters and other correspondence, the content of which violates legal provisions or endangers the purpose of execution or security, shall not be forwarded; the sender shall be informed. If there is no suspicion of prohibited content, the inspection of incoming and outgoing correspondence may be limited to random samples.

3. ...

4. The use of the telephone may be permitted in the penal system. Telephone conversations may be monitored or recorded. Further details are regulated by the house rules.

1. Convicted persons may receive visitors for at least one hour per week starting from the second week of their stay. This contact may be limited to two visits per month if the visiting time is correspondingly extended. Additional visits may be permitted to support reintegration.

2. Visits generally take place in the designated room for this purpose.

3. In cases of partial imprisonment, visits are not granted.

**1. Persons whose contact with the convicted individual substantially endangers the purpose of the execution of the sentence shall not be permitted to visit.**

**2. Persons who have repeatedly violated visitation regulations or have otherwise substantially endangered the safety and order of the prison may be prohibited from visiting for up to three months, and in the case of repeated violations, permanently excluded from visits. Former inmates are generally excluded from visits for a period of one year.**

**3. Spouses and life partners, children, parents, and siblings may not be permanently excluded from visiting.**

1. Visitors must identify themselves with an official identification document.

2. Admission may be made contingent upon the controls necessary for maintaining order and security. Clothing and personal effects may be checked or searched in advance using technical means. The search will be conducted by a person of the same gender.

3. Without prior authorization from the prison administration, visitors are not permitted to give or receive documents, cash, or other items to or from the incarcerated individuals.

1. The free interaction with persons residing in Switzerland who are obligated to maintain a professional or official secret, as well as with Swiss public officials, government offices, or consular representatives, must be ensured. This also applies to contact with the legal representative in the presence of comprehensive guardianship.

2. Otherwise, the usual security checks apply.

1. Mobile Phones and Other Devices for Wireless Transmission are Prohibited in Prison. They must be handed over to the staff upon entering the prison without prompting. This also applies to officials and legal representatives.

1. The admitted individuals shall receive adequate and healthy nourishment, taking into account their religious affiliations in its composition. Special diets and additional provisions shall only be provided upon the prison doctor's instructions.

2. They may only possess and consume medications that have been approved or prescribed by the doctor of the detention facility. In cases of semi-detention, a medical certificate must be presented for medications.

3. The possession, consumption, and trade of alcoholic beverages, non-prescribed medications, as well as narcotics or similarly acting substances is prohibited. The house rules govern the specifics. The prison administration shall arrange for the necessary inspections.

1. Purchases may be made in accordance with the house rules.

1. The prison administration ensures the physical and mental health of the incarcerated persons. To prevent health risks, medical or psychiatric examinations and assessments may be arranged.

2. The incarcerated persons are obliged to maintain regular personal hygiene.

1. The health condition of the admitted person shall be examined by medical professionals at the times specified in the house rules, as well as in cases of necessity or upon justified request. The admitted person must provide information about their health condition and necessary medications, particularly notifying about contagious diseases or ailments that require special treatment.

2. Medical care is provided by the prison doctor and the prison psychiatrist.

3. Dental treatment is only provided in urgent cases. Further treatment may be approved upon receipt of a cost guarantee. The prison administration designates the dentist.

4. The admitted persons must comply with medical instructions. The prison administration may mandate assessments by a trusted physician.

1. The prison administration informs the relatives and the competent authorities in the event of death, serious illness, or injury of an incarcerated individual.

1. If the state of health requires a transfer to a clinic or hospital for inpatient treatment, the prison administration shall seek the prior consent of the committing authority. In urgent cases, the transfer shall be arranged by the prison administration while simultaneously informing the committing authority.

2. For persons who are a flight risk or pose a danger to the public, security supervision must be ensured.

1. The costs of necessary medical treatment are borne by the prison, insofar as these cannot be imposed on the health insurance, accident insurance, or the admitted person.

2. Further medical treatment, admission to a clinic or hospital, as well as the procurement of glasses, prostheses, and the like, will only occur if the costs are covered by the admitted person or if a cost guarantee is provided. In cases of medical indication, the cost guarantee must be obtained by the prison administration from the authority responsible for social welfare, or, if the admission was made by another canton, from the admitting authority.

3. In urgent cases, the treatment will be ordered without a cost guarantee. The cost guarantee must be obtained as quickly as possible.

1. Inmates have access to professional caregiving staff and prison chaplains authorized by the prison administration for their personal, economic, social, and spiritual needs. For this purpose, services that are not part of the prison may also be involved.

2. Chaplains are informed of their duties before commencing their activities.

1. The prison administration shall, if necessary, inform the social welfare authority.

1. All detailed provisions shall be governed by a set of rules to be issued by the Department of Economic Affairs.

1. The cost bearers and the distinction between execution costs and costs for personal expenses are governed by the guidelines specified in the appendix of the Eastern Swiss Penal Execution Commission.

1. The prison administration is responsible for assigning work to the prisoners (Art. 81 Penal Code).

2. There is no compulsory labor for persons admitted outside of penal enforcement. They are entitled to engage in freely chosen work, provided it is compatible with the operation of the prison and the purpose of detention.

3. The assignment of work outside the prison is permissible, provided the prisoner consents and there is no risk of escape.

4. Furthermore, the regulation of remuneration for work is governed by the guidelines specified in the appendix of the Eastern Switzerland Penal Execution Commission.

1. The disciplinary system serves to maintain order and security in the prison.

2. In the event of a violation of prison rules, disciplinary measures shall be imposed on the inmates.

3. In minor cases, disciplinary measures may be waived if the disciplinary offense can be resolved in another manner.

1. Disciplinary Offenses

Disciplinary offenses are intentional or grossly negligent violations of execution regulations, house rules, or other institutional rules, as well as breaches of the execution plan. The following are particularly considered disciplinary offenses

a) Escape, attempted escape, and aiding escape

b) Assault or threats against institutional staff, fellow inmates, or third parties

c) Refusal to work and incitement thereto, as well as failure to return from external employment

d) Abuse of leave, outing, or visiting rights

e) Unauthorized contact with persons outside the institution

f) Importing and exporting, manufacturing, possessing, and passing on prohibited items, particularly weapons or weapon-like objects, or documents and unauthorized money bypassing control

g) Damage to buildings and objects, squandering of materials, or lack of care in handling animals

h) Introduction, possession, manufacture, consumption of or trade in drugs or alcohol, as well as misuse of medications

i) Improper behavior towards institutional staff, fellow inmates, or third parties

j) Disregard of explicit orders

2. Incitement is considered a disciplinary offense.

3. Tests can be conducted for control purposes, particularly through blood or urine samples. Refusal to undergo these controls is considered a positive finding.

1. Disciplinary measures are

a) Reprimand

b) Temporary withdrawal or restriction of access to financial resources

c) Temporary withdrawal or restriction of leisure activities, in particular the use of audio or video playback devices, as well as participation in events, courses, or communal activities

d) Temporary withdrawal or restriction of external contacts, especially visitation, leave, and furlough bans; communication with authorities and the legal representative remains reserved

e) Fine up to CHF 200.00

f) Cell or room confinement for up to 14 days

g) Detention for up to 20 days

2. Multiple disciplinary measures may be combined.

3. If justified by the previous behavior of the admitted person, the execution of the disciplinary measure may be suspended with a probationary period. If the admitted person commits another disciplinary offense or fails to comply with the execution plan or specific agreements during the probationary period, the disciplinary measure will be enforced. In minor cases, a warning may be issued and the probationary period may be extended by at most half of the original duration.

1. Arrest is only ordered for serious or repeated disciplinary offenses.

2. The arrest is executed in the cells designated for this purpose. Medical and social care is ensured. The cell may only be left for walking.

3. The admitted person is excluded from work, leisure activities, events, shopping, and external contacts. Exceptions are the communication with authorities and with their legal representative.

1. Objects that are used in the commission of disciplinary offenses are seized. They will be returned to the owner if they pose no danger. If ownership cannot be established or if the objects threaten security and order, they will be disposed of or destroyed.

2. Any proceeds from disposal shall be allocated to the state treasury.

**1. In cases of serious or repeated disciplinary violations, the committed person may be transferred to a different correctional facility by the committing authority upon the request of the prison administration.**

1. The prison administration is responsible for imposing disciplinary measures.

2. The measure should relate to the disciplinary offense committed and be suitable for preventing future violations of institutional discipline. Collective disciplinary measures are not permissible.

3. The disciplinary order shall be handed to the incarcerated person in writing with a brief justification and information on legal remedies, accompanied by an acknowledgment of receipt, and explained if necessary. In cases of urgency, the order may be communicated verbally and confirmed in writing as soon as possible. A copy of the order shall be provided to the committing authority.

1. The prosecution of a disciplinary offense becomes statute-barred six months after its commission. The statute of limitations is suspended during an escape. The disciplinary offense can no longer be punished if one year has passed since its commission.

2. The enforcement of a disciplinary measure becomes statute-barred after six months.

1. The execution of investigative and security detention shall be carried out in accordance with the provisions regarding admission and stay in the cantonal prison (§ 35 ff.), unless different regulations are specified below.

1. Upon ordering pre-trial detention or preventive detention, the procedural authority must immediately notify the prison administration in writing.

2. If a prison sentence is to be executed following such detention, the execution authority must also be informed.

3. The judicial authority shall promptly notify the prison administration of the release and any change in detention status, as well as any potential change of the competent authority.

4. The prison administration shall ensure that detainees are available to the prosecuting authorities and the courts at all times. In turn, these authorities must inform the prison administration if the detained person is not in the cell for an extended period.

1. Investigative and security detention is generally carried out in solitary confinement. Exceptions are decided by the procedural management.

2. In solitary confinement, detainees work alone and spend their leisure time in the cell.

3. With the exception of participating in the necessary tasks for catering and cleaning, the incarcerated individuals are not obligated to work.

**1. All contacts between a detainee and other admitted persons, as well as with external individuals, require the approval of the procedural authority, which issues the necessary orders to prevent abuse. The handing over or acceptance of messages, items, or gifts is prohibited without the consent of the procedural authority. The authority may also impose further restrictions and involve the prison administration to monitor the contacts of a detainee.**

**1bis. The procedural authority may delegate the control of correspondence and packages to the public prosecutor's office, which in turn can involve the prison administration.**

**2. The right to uncontrolled communication and visits is reserved only for the approved legal representative and Swiss officials or consular representatives. This also applies to contact with the mandator in the presence of comprehensive guardianship.**

1. If the state of health requires a transfer to a clinic or hospital for inpatient treatment, the prison administration shall obtain the prior consent of the case management. In urgent cases, the transfer shall be arranged by the prison administration while simultaneously informing the case management.

1. The execution of detention based on asylum and immigration law is carried out according to the provisions regarding admission and stay in the cantonal prison (§ 35 ff.), insofar as no differing regulations are stipulated below.

2. ...

1. Admission and discharge occur based on a written order from the authority responsible under federal and cantonal immigration regulations.

1. Detention based on asylum and foreign national law shall be separate from pre-trial detention, preventive detention, and the execution of custodial sentences or measures.

1. Whenever possible, detainees shall be assigned individual cells.

2. Women and men shall be accommodated separately. The house rules shall stipulate the extent to which female and male members of the same family are permitted to spend leisure time together.

1. Incarcerated individuals work together and can also spend their leisure time together in accordance with the house rules. They stay outside together.

2. Incarcerated individuals may be temporarily excluded from the community if they endanger other inmates or significantly disrupt communal operations.

3. The house rules regulate the extent to which certain groups of incarcerated individuals can prepare their own meals.

1. Incarcerated individuals are given the opportunity to perform compensated work, insofar as the availability of work permits. The assessment of wages is carried out as in the case of pre-trial detention.

2. If the availability of work is insufficient, incarcerated individuals will be provided with other meaningful activities.

3. Except for participation in work necessary for catering and cleaning, incarcerated individuals are not obligated to work.

1. Incarcerated persons are entitled to engage in their own activities. The self-chosen work is to be performed in the cell.

1. The prison administration maintains an account for each incarcerated person, to which any cash present at the time of entry, wages, and any amounts received during imprisonment are credited.

2. A minimal amount of the balance is retained until release to cover potential damages. Otherwise, incarcerated persons may freely dispose of their accounts. Payments to third parties may also be made with their consent or by order of the competent enforcement authority or judge.

3. The balance is paid out to the incarcerated persons upon release.

1. The referring authority is responsible for ensuring that, prior to admission to a hospital or clinic, and in urgent cases at the latest within 30 days, a cost approval is obtained from the authority responsible under social welfare law. Costs not covered by this approval will be charged to the referring authority.

2. If incarcerated individuals residing in the Canton of Schaffhausen need to be placed in a clinic outside the canton, the Canton shall bear the additional costs incurred as a result.

1. Incarcerated persons may receive care from doctors who were treating them prior to their detention, if their payment is guaranteed.

2. Treatment is to be provided in the cantonal prison whenever possible.

3. Prescribed medications are dispensed by the staff upon approval by the prison doctor.

1. Incarcerated individuals may request social counseling to address personal issues related to detention or the preparation for deportation.

2. The prison administration shall inform the probation service if an incarcerated individual requires social counseling.

3. At the request of incarcerated individuals, they shall be permitted contact with support organizations not affiliated with the correctional system. Visits by staff from such organizations shall not be subject to time restrictions, provided that the occupancy of the visitation facilities allows it.

1. Incarcerated individuals are permitted to send and receive letters at their own expense without limitations on the volume.

2. The letters must not contain prohibited items. Such items will be removed in the presence of the incarcerated individual and placed with their personal effects.

1. Conversations with official authorities must be facilitated. Additionally, incarcerated individuals have the opportunity to make telephone calls at their own expense.

2. If there are specific indications that telephone conversations may endanger security, contravene the purpose of detention, or be misused to aid an escape, the telephone communication with certain individuals may be temporarily excluded or restricted to certain individuals.

1. Incarcerated persons may be visited according to the availability of visiting facilities. The visiting time is at least one hour per week.

2. Visitors must obtain a visitation permit from the prison administration. This can be issued generally.

3. Visits are not monitored, but the identity of the visitors is recorded. The clothing of visitors and the effects they bring into the visiting rooms are inspected or searched in advance using technical means. The search is conducted by a person of the same sex.

1. Leaving the correctional facility must be approved by the committing authority and is only permissible for

a) contact with gravely ill relatives

b) attendance at the funeral of relatives

c) matters that can only be personally resolved

2. The committing authority shall ensure the necessary accompaniment.

1. The prison administration is headed by a director.

2. The staff performs its duties according to the instructions of the prison administration, in accordance with the terms of employment and the house rules.

3. Additionally, the cantonal personnel law applies.

1. The government council appoints a prison doctor and a prison psychiatrist under the conclusion of a performance agreement.

2. Convicted persons have access to authorized institutional chaplains for their pastoral needs. The prison administration appoints the chaplains that are proposed.

3. These chaplains care for the inmates and provide advisory support to the prison administration.

1. Security services are the responsibility of the prison administration. If necessary, it may engage the services of the police.

2. ...

1. If a prison sentence is imposed, the ordering of community service is possible if the imposed sentence or the total duration of the sentences to be served concurrently

a. does not exceed 6 months; credited pre-trial or security detention is not considered in the calculation (gross principle), or

b. exceeds 6 months, but taking into account the credited pre-trial or security detention, no more than 6 months are to be served (net principle).

2. In the case of partially suspended sentences, the unconditional part is decisive.

1. **The Enforcement Authority Maintains a List of Institutions for Community Service**

The enforcement authority maintains a list of institutions that are willing and suitable to engage in the conduct of community service. It determines the nature and form of the community service to be performed.

2. **Determination of the Timeframe for Community Service Performance**

It determines the period within which the convicted person must perform the community service. Typically, at least eight hours of community service must be performed per week. Community service must be completed within a maximum period of two years, or in the case of misdemeanors, within one year.

3. **Personal Expenses for Community Service**

The convicted person bears the personal expenses incurred for the performance of community service, such as specifically the costs for commuting and meals.

1. The relationship between the enforcement authority, the convicted person, and the employing institution is typically established in an agreement. This agreement includes

a) Name of the convicted person

b) Name of the employing institution

c) Type and duration of community service

d) Commencement of enforcement and working hours

e) Declaration by the responsible management of the institution to supervise the community service and report any breach of duty and the completion of the work assignment to the enforcement authority

2. The enforcement authority may assign the convicted person a suitable activity and approve an assignment under certain conditions and requirements. It may, on a case-by-case basis, approve an assignment in favor of a person in need, provided the supervision of the activity is ensured.

1. The convicted person is insured by the canton against accident and liability arising from their activity towards the employer during the performance of community service work. Recourse in the event of gross negligence remains reserved.

2. They bear the personal expenses incurred in the performance of community service work, notably the costs for travel and meals.

3. Furthermore, the execution is governed by the guidelines designated in the annex of the Eastern Switzerland Penal Execution Commission.

1. The execution authority may, upon the request of the convicted person, order electronic monitoring for a prison sentence or substitute custodial sentence from 20 days to 12 months, or in place of a work externalization or work and residence externalization for a duration of 3 to 12 months.

2. Credited pre-trial and security detention is not considered in the calculation (gross principle). For partially suspended sentences, the unconditional part is decisive.

3. The execution authority determines the amount of the advance payments to be made by the convicted person.

1. The Office of Justice and Municipalities enforces the court-ordered electronic monitoring to protect victims of violence.

1. The court obtains a report from the Office of Justice and Municipalities (OJM) on the technical feasibility before ordering electronic monitoring.

2. The court clarifies whether the endangered person requests or waives notification of the commencement and termination of electronic monitoring as well as any violations.

3. It informs the OJM and the Schaffhausen Police of its decisions regarding the ordering of electronic monitoring and any obligation to notify the endangered person of violations.

4. The court may notify the Child and Adult Protection Authority, as well as other authorities and third parties, of its decision to the extent necessary for the fulfillment of their tasks or the protection of the endangered person.

1. The Office of Justice and Municipalities (AJG) delegates the technical implementation of electronic monitoring, in particular the installation and removal of the electronic monitoring device, including the recording and deletion of data, with its consent to the Office of Corrections and Rehabilitation (JuWe) of the Directorate of the Canton of Zurich.

2. Upon receipt of a request from the court regarding the technical feasibility, the AJG immediately contacts the JuWe and communicates its decision to the court within a maximum of seven working days.

3. The AJG informs the ordering court, the Schaffhausen police, and, if desired, the endangered person

a) about the actual start and end date of the electronic monitoring, with the end date being calculated based on the actual start of the electronic monitoring and the duration set by the court

b) if the installation of electronic monitoring is not possible within two days after the set start date of the electronic monitoring

c) about violations of the electronic monitoring

4. Upon conclusion of the electronic monitoring, the AJG submits a final report to the Schaffhausen police.

1. Furthermore, the execution shall be governed by the guidelines of the Eastern Swiss Penal Execution Commission as specified in the annex.

1. Sentences of imprisonment up to a total duration of one year shall be executed in the form of semi-custody, if

a) there is no risk of flight

b) there is no risk that the convicted person will commit further offenses

c) * ...

d) * the convicted person can continue their previous work or recognized training with at least 20 hours per week during the execution of the sentence. Household and educational work, as well as unemployment programs, are considered equivalent

e) the convicted person provides assurance that they will comply with the conditions of semi-custody and the rules of the detention facility

2. If a prison sentence is imposed, the order of semi-custody is possible when the imposed sentence or the total of sentences to be executed together

a) * does not exceed 12 months; credited pre-trial or security detention is not considered in the calculation (gross principle), or

b) * exceeds 12 months, but considering the credited pre-trial or security detention, no more than 6 months are to be served (net principle).

3. In the case of partially conditional sentences, the unconditional part is decisive.

1. The convicted person must submit an application for permission for semi-detention within the deadline set by the execution authority, along with an employer's confirmation, identification for self-employment, or a training certificate, each specifying the place of work or education and the working or teaching hours.

2. The execution authority decides on the granting of semi-detention. The permission can be granted under conditions and stipulations.

3. The execution authority sets the date for the commencement of the sentence and determines the place of execution. In doing so, it takes into consideration the residence, work, or training location of the convicted person.

1. The convicted person retains their employment. They pay a subsistence allowance, which is secured through regular cash advances.

2. The amount of the subsistence allowance and the cash advances are determined by the enforcement authority.

3. The enforcement authority may waive the cost contribution, wholly or partly, if the convicted person requests it and demonstrates their hardship, particularly if the fulfillment of legal maintenance or support obligations would be impaired.

1. Semi-detention is typically served in the cantonal prison. The convicted person continues their existing employment or commenced education during the execution of the sentence and spends rest and leisure time at the institution.

2. Provisions for execution planning are applied appropriately. The execution plan specifically includes entry and exit times coordinated with working hours.

1. Semi-detention is terminated, and the sentence must be served under normal regulations if the convicted person

a) No longer fulfills the conditions for the granting of semi-detention (§ 98) at the commencement of the sentence or during the course of serving the sentence, especially if they abuse the time outside the detention facility, fail to return or return late despite a warning, return under the influence of alcohol or drugs, or possess, consume, or distribute alcohol or drugs within the facility.

b) Refuses to pay the cash advance or the maintenance fees.

2. In the case of minor misconduct, revocation of the authorization can be waived. Likewise, revocation can be waived if the convicted person finds another suitable placement within fourteen days after an involuntary loss of employment during the sentence, provided that supervision and monitoring during the period of unemployment are assured.

3. Disciplinary measures remain reserved. If a criminal investigation is initiated against the convicted person, semi-detention may be interrupted, and in the event of a conviction, it may be terminated.

1. Furthermore, the execution shall be governed by the guidelines of the Eastern Swiss Penal Execution Commission as specified in the annex.

1. The Work Externalization and Residential and Work Externalization (hereinafter Residential Externalization) serve as preliminary stages for release. They are intended for the gradual reintegration of the committed person and thereby form part of execution planning and the execution plan.

2. If the committed person proves reliable in the Work Externalization, during which they spend their rest and leisure time in the correctional facility, they may also be allowed to reside outside the correctional facility for long sentences and, if necessary, be electronically monitored (EM-Backdoor). In exceptional cases, direct transition from open detention to EM-Backdoor can be approved.

3. During open detention, the committed person can be employed by a private or public employer with their consent. During this time, they remain subject to the execution regime and the disciplinary authority of the correctional facility.

1. The execution authority decides on the approval and termination of work externalization, residential externalization, and EM-Backdoor. It determines the place of execution. It may assign the facility of execution or the authorities responsible for EM-execution with the regulation of the framework conditions.

2. The facility of execution decides on the deployment of the assigned person with a private or public employer. The execution authority may reserve this competence for itself.

3. The approval of work externalization, residential externalization, EM-Backdoor, and employment with a private or public employer can be subject to conditions and requirements, particularly with the obligation to fulfill financial commitments.

4. In other respects, execution is governed by the guidelines designated in the annex by the Eastern Switzerland Penal Execution Commission.

1. The execution of an inpatient addiction treatment takes place in state or private facilities that are recognized by the canton where they are located or with which a performance agreement has been concluded.

2. The Concordat Secretariat maintains a list of recognized facilities based on the notifications from the concordat cantons.

3. Subject to the following provisions, the execution of inpatient addiction treatments is governed by the directive specified in the annex of the Eastern Switzerland Penal Enforcement Commission.

1. The enforcement authority shall determine, in cooperation with the probation service or an addiction specialized agency, the appropriate facility. It shall commission the facility in writing to execute the criminal law measures (enforcement order).

1. The provisions for enforcement planning are applied appropriately.

2. The enforcement plan particularly includes the treatment objectives, the methods and measures to achieve these objectives, and the phases of treatment.

1. The referral authority bears the costs according to the service agreement, or insofar as it has provided a cost guarantee, and insofar as the admitted person themselves, their relatives, the social welfare authority, or an insurer are not responsible for assuming the costs. In the event of a discontinuation of the measure or an escape, the daily allowance is covered for a maximum of seven subsequent days.

1. The overriding public interest for the order of preventive detention according to Art. 95bis of the Judicial Law particularly exists when

a) the public is significantly endangered

b) the purpose of the measure cannot be ensured otherwise

c) there is a risk of flight

2. The order in cases according to Art. 95bis para. 1 lit. a and b is issued before or with the initiation of proceedings for the issuance of a subsequent decision pursuant to Art. 363 et seq. of the Code of Criminal Procedure. If the executing authority becomes aware of reasons pursuant to § 113a para. 1 after the initiation of such proceedings, it can inform the procedural management.

3. Preventive detention is carried out in accordance with the rules for the execution of custodial sentences.

1. Probation Assistance in Adult Criminal Law is carried out by the Probation Service.

2. It is also responsible for social support (Art. 96 of the Criminal Code). Additionally, it assists the correctional authority in the domain of community service.

3. In special cases, it may involve social counseling and addiction counseling centers, private individuals, and private organizations.

1. The Duties of the Probation Service in Conditional Releases May Include the Following Areas

a) Personal Counseling

b) Counseling of Associates of Conditionally Released Persons

c) Counseling and Support in Job Search and Concerning Professional and Work Difficulties

d) Counseling and Support in Finding Accommodation and Housing Matters

e) Assistance and Mediation in Contact Between Authorities and the Released Person

f) Counseling and Support in Financial Matters

g) Debt Management and Implementation of Debt Restructuring

h) Counseling on Addiction Issues, Mediation of Appropriate Professional Assistance

i) Counseling and Support in Insurance Matters (e.g., Social Insurance)

j) Mediation of Specialized Professional Assistance in the Areas of Health, Therapeutic Assistance, Relationships, Legal Matters

k) Counseling in Leisure Activities

1. If an increased risk of recidivism is assumed, probation assistance should be ordered.

2. An increased risk of recidivism is assumed if

a) the person to be released has previous convictions for similar offenses

b) the incarceration period lasted one year or longer

c) there is a lack of insight into the wrongfulness of the act

d) no offense-oriented treatment occurred during incarceration, or the treatment was unsuccessful, or the personal progress of the person to be released is insufficient

e) there are addiction problems

f) instructions are recommended

3. If it must be assumed that social integration will be difficult, probation assistance should also be ordered. Social integration can be difficult, and thereby the risk of recidivism increased, if

a) there is a lack of stable relationships

b) psychological problems or illnesses exist that can lead to isolation

c) other health problems are present

d) there is a lack of employment or work experience

e) unemployment in the past was self-inflicted

f) the living situation is unsatisfactory

g) significant debt exists, and debt management is necessary

h) a lack of social skills is identified

i) counseling/support is needed for practical life questions

1. The imposition of probation assistance may be waived if a social network or corresponding social institutions are already in place, which address the individual problems and deficiencies in each case.

2. An existing comprehensive guardianship does not exempt from the examination as to whether probation assistance should be ordered. The probation service may, where sensible and appropriate, delegate the supervisory mandate to the guardian following consultation. The guardian shall report to the probation service.

1. Probation assistance is generally ordered for the duration of the probation period, but at least for one year and usually no more than two years. Exceptionally, it should be ordered for more than two years in cases of

a) particularly severe health problems

b) extraordinarily high debt

c) lack of employment prospects

d) individuals who require longer and more intensive care and support, which cannot be provided by another institution

e) offenders who have committed serious crimes and whose resolution could not be completed during the execution of the sentence

1. The enforcement authority of the sentencing canton shall always appoint the responsible agency within its canton to provide probation assistance and supervision of directives. If the released person does not reside in the sentencing canton, this agency shall delegate the task to the responsible agency of the canton of residence. The residence is determined according to Art. 23 et seq. of the Swiss Civil Code (ZGB).

2. Probation assistance and supervision of directives may be delegated to a canton other than the canton of residence if the assignment can thereby be better fulfilled, for example, in the case of a regulated weekly stay of the person to be supervised or controlled.

1. Instructions are regularly monitored by the authority or private association tasked with supervision. It assesses in what manner the ordered instruction is monitored in each individual case.

2. The released person will generally be issued a written warning to adhere to the ordered instruction if they disregard it. If the released person does not comply with the instruction despite the warning, the authority or private association responsible for supervision provides a written report to the enforcement authority.

1. Determination of Reimbursement of State-Incurred Measures Costs by the Affected Person and Parents of Minors

The social welfare office shall decide on the reimbursement of costs incurred by state measures from the affected person and the parents of minors, taking into account their financial circumstances.

1. The decision on the waiver of procedural costs shall be made by the Finance Department after consultation with the Tax Administration.

1. Fines, penalties, claims for compensation, and procedural costs are generally invoiced by the deciding authority. Fines or penalties that are to be collected on behalf of a federal authority or another judicial body are collected by the financial administration, unless a specific regulation applies.

2. The financial administration monitors the receipt of payments and receives the necessary files for this purpose. It may approve installment payments and extend deadlines upon request. It is also responsible for filing the request for realization with the enforcement office in connection with seized assets pursuant to Art. 70 et seq. of the Swiss Criminal Code (StGB), with the provisions of the debt enforcement realization procedure applying.

3. The information to the convicted person regarding the extension of the payment deadline, installment payment, and the performance of community service as an alternative is provided with the reminder.

4. The financial administration informs the invoicing authority if the fine and penalty are not paid despite the reminder and enforcement was unsuccessful, or if enforcement is deemed futile and thus waived.

1. Collaterals provided in cash or in securities must be deposited or lodged with the financial administration. The financial administration maintains a record of this as well as of the collaterals provided through bank guarantees.

2. The financial administration promptly notifies the competent authority of the receipt of the collateral.

1. Compensation Awarded to the Parties at the Expense of the State Treasury

Compensation definitively awarded to the parties at the expense of the state treasury shall be disbursed by the financial administration upon instruction from the awarding authority.

1. The following ordinances are repealed

a) Ordinance on Undercover Investigation of 25 January 2005

b) Ordinance on the Collection of Fines and Procedural Costs and the Disbursement of Compensation in Criminal Proceedings (Collection Ordinance) of 27 September 1988

c) Ordinance on the Execution of Custodial Sentences and Security Measures (Custodial Ordinance) of 23 August 1988

d) Ordinance on Semi-Imprisonment of 28 October 1986

e) Ordinance on Community Service in Correctional Facilities of 22 December 1992

f) Ordinance concerning the Cantonal Prison of 23 August 1988

2. The following ordinances are amended as follows[1]

1. This regulation shall enter into force on January 1, 2007.

2. It shall be published in the Official Gazette and included in the cantonal legislative collection.