Act on the Execution of Sentences and Measures (JUVG) - Scope (JUVG)
Table of Provisions (59)
Statutory Text (59 Articles)
1. This law regulates the execution of sentences and measures in accordance with the Criminal Code and the Military Criminal Code (MCC) of June 13, 1927, the security detention under execution law, as well as electronic monitoring pursuant to the Civil Code.
2. It also applies, subject to special legal provisions, particularly to the following forms of deprivation of liberty, provided the execution takes place in an execution facility according to this law
a) Pre-trial detention and security detention pursuant to the Code of Criminal Procedure, the Swiss Juvenile Criminal Procedure Code (Juvenile Criminal Procedure Code, JCrPC) of March 20, 2009, and Military Criminal Procedure (MCP) of March 23, 1979;
b) Extradition detention;
c) Provisional arrest pursuant to the CCP and MCP;
d) Police custody;
e) Detention measures under foreign and asylum law;
f) Off-duty arrest pursuant to the MCC.
1. The provisions of federal law as well as the Concordat of the Cantons of Northwestern and Central Switzerland on the Enforcement of Sentences and Measures (Concordat) of May 5, 2006, remain reserved.
1. The canton of Solothurn may, in particular for the purpose of ensuring a risk-oriented execution of sanctions, collaborate with other cantons and additional partners.
2. ...
1. The Execution of Sentences and Measures is Entrusted to the Following Authorities
a) the Executive Council;
b) the Department;
c) the Office;
d) the Juvenile Prosecutor's Office;
e) the Migration Authority.
1. The Government Council
a) exercises supervision over the administration of justice;
abis)* is authorized to conclude concordats, with concordats subject to the financial referendum explicitly reserved;
ater)* concludes execution agreements with other cantons;
b)* appoints the members of the cantonal justice administration commission.
2. In the concordats, the following may be regulated in particular
a) the creation of concordat organs and the determination of their responsibilities and competencies;
b) the composition, election, and organization of the commission according to Article 62d paragraph 2 of the Criminal Code;
c) the execution facilities to be administered by the cantons;
d) the joint establishment and operation of execution facilities or the right to use facilities of other cantons;
e) the obligation of the cantons operating execution facilities to accept prisoners from other cantons;
f) the competencies of the cantons operating the execution facilities and the admitting cantons;
g) additional execution provisions, notably concerning execution planning, execution costs, insurance, and cost sharing.
1. The department exercises oversight over the application of this law.
2. It is responsible for the following duties
a)* Decision on appeals against first-instance rulings, provided this law does not stipulate otherwise;
b)* ...
c)* Issuance of permits to private enforcement facilities;
cbis)* Issuance of the duty roster for the cantonal penal enforcement commission;
cter)* Making arrangements in connection with the enforcement of criminal expulsion orders;
d)* ...
e)* ...
1. The Office is the enforcement authority within the meaning of the Criminal Code and the Code of Criminal Procedure. It performs all the tasks in the field of penal execution for which, under federal law, the canton is responsible and which, under cantonal law, are not assigned to any other authority.
2. The Office is particularly responsible for the following tasks
a)* ...
abis)* Planning the needs as well as designing, managing, and operating the canton’s correctional facilities;
ater)* Fulfilling all tasks associated with the enforcement and security of sentences and measures;
aquater)* Performing tasks in the areas of probation assistance, social support, and counseling in the field of prevention, such as violence counseling;
aquinquies)* Issuing instructions and imposing conditions within the framework of the enforcement of sentences and measures;
asexies)* Deploying technical devices for monitoring and control;
b)* ...
c)* Imposing disciplinary sanctions and special security measures;
cbis)* Ordering enforcement-related preventive detention to ensure autonomous subsequent judicial decisions in accordance with the Code of Criminal Procedure;
cter)* Exercising party rights with full party status within the framework of autonomous subsequent judicial decisions in accordance with the Code of Criminal Procedure and in cases pursuant to § 12 paragraph 1 letter cbis and § 15 paragraph 3 of the Law on Court Organization (GO) of March 13, 1977;
cquater)* Concluding agreements with private parties for special services required for penal enforcement;
cquinquies)* Processing and managing enforcement records as well as the penal enforcement register.
3. The management of the correctional facility particularly performs those tasks that are expressly assigned to it in this law.
1. The Juvenile Prosecution Office enforces juvenile criminal law.
2. In the case of penalties and measures concerning children and adolescents, the Juvenile Prosecution Office performs the duties of the authority.
1. The migration authority enforces criminal deportations.
1. The Cantonal Correctional Commission is administratively independent and advises the office in the area of corrections. Its tasks are specified in greater detail in a duty statement.
2. The Cantonal Correctional Commission consists of representatives from the criminal justice system, forensic science, and politics.
3. Commission members are authorized to visit cantonal correctional facilities and prisons. They may conduct interviews with inmates without the presence of third parties and act as ombudspersons in this context.
4. Commission members are subject to official secrecy. Employees of the office, specialists, and private individuals involved are released from official secrecy in relation to the commission members.
1. The canton operates its own facilities for the execution of sentences and measures (execution facilities).
2. Execution facilities include concordat institutions, prisons, and other execution facilities. The government council determines, within the framework of superior law and in accordance with concordat obligations, which sentences and measures are to be executed in which execution facilities.
3. The execution facilities are designed structurally, operationally, and in terms of personnel so that they can fulfill the tasks assigned to them.
1. The department may issue a permit to privately operated institutions to execute penalties and measures in accordance with social legislation, provided that a corresponding need is demonstrated.
1bis. Exceptionally, an independent operating permit may be issued to a privately operated institution, by appropriately applying the provisions of social legislation.
2. A permit may be granted if
a) the management and staff of the institution possess the necessary professional skills;
b) flawless operational management is ensured;
c) the institution has the necessary infrastructure.
3. Subject to paragraph 3bis, privately operated institutions have the same powers and obligations as cantonally operated execution institutions.
3bis. The department specifies in the permit the powers of privately operated institutions and determines, in particular, the permissible security and safeguarding measures, coercive measures, and disciplinary sanctions as well as the required decision-making competencies for this purpose.
4. ...
1. The office may involve private individuals for the fulfillment of specific tasks, particularly in the areas of health, care, and transport.
2. The involved private individuals must possess the necessary professional skills and personally provide assurance of impeccable task fulfillment. The office may subject them to a security screening conducted by the cantonal police.
3. The office concludes performance agreements with the private individuals engaged for the fulfillment of public tasks, within the scope of its financial competences, and specifies their powers and duties therein. For private individuals involved with security tasks, their powers to apply direct coercion must be particularly determined according to § 25bis.
1. The authority may conduct enforcement actions, such as hearings, the granting of the right to be heard, enforcement conferences, and enforcement coordination, via videoconference.
2. The discussions may be recorded audiovisually. The recordings shall form part of the enforcement records.
3. A protocol reflecting the content will be prepared based on the recordings after the enforcement action is carried out unless the prisoner explicitly waives it.
4. In the context of conducting enforcement actions via videoconference, the authority may waive the requirement to read the protocol to the prisoner or to present it for reading and signature by the prisoner.
**1. The Office and the other enforcement authorities may order the transfer of prisoners to another penal institution, provided that:**
a) their condition, behavior, space considerations, or security necessitate it;
b) their treatment requires it;
c) it is conducive to their reintegration.
**2. The management of the penal institution may order the transfer of prisoners to another penal institution in the following cases:**
a) for temporary transfers up to a duration of 30 days for reasons as per paragraph 1, letters a and b;
b) for adult prisoners serving short sentences up to 30 days;
c) for other prisoners after consultation with the committing authority.
**3. The penal institution shall promptly inform the committing authority about the transfer.**
1. The execution of sentences and measures aims to promote the social behavior of prisoners and their ability to lead a life free of crime.
2. A risk-oriented execution of sanctions must be ensured in all phases of enforcement, which duly takes into account, in particular, the risk of recidivism and the developmental needs of the prisoners to improve the legal prognosis.
1. Penalties and measures should generally be commenced no later than six months after the finality of the criminal judgment.
2. The office shall order the enforcement of a penalty or measure. The order shall specify, in particular, the place of commitment and the form of enforcement.
3. If the convicted person is at liberty, the order is generally to be accompanied by a summons to commence enforcement.
4. Should the convicted person fail to report within the period set, fail to appear for the ordered commencement of enforcement, or have an unknown whereabouts, they may be issued with a police warrant for arrest by the office, or be brought to enforcement of penalties and measures by the cantonal police.
1. The authority may, upon application by the prisoners or the correctional facility, order the postponement or interruption of the execution of a sentence or measure for important reasons. Conditions may be attached to the postponement or interruption of execution.
2. Important reasons include in particular
a) extraordinary personal, family, or professional circumstances;
b) complete inability to serve the sentence.
3. Prisoners must prove the inability to serve the sentence by means of a medical certificate or other suitable documentation. In cases of doubt, medical examinations or other necessary clarifications can be carried out at the expense of the prisoners.
4. When deciding on the postponement or interruption of execution, the nature and severity of the committed offense, the anticipated duration of execution, the risk of flight and recidivism, as well as any assessments by experts must be taken into account.
1. If a stay in the correctional facility lasts six months or longer, the correctional facility shall prepare a correctional plan in collaboration with the inmates.
2. Correctional plans are to be reviewed at regular intervals during the term of enforcement and adjusted to the development of the inmates as necessary.
3. The correctional plan does not constitute a decision pursuant to § 20 of the Act on Legal Protection in Administrative Matters (Administrative Procedure Act) of November 15, 1970, and cannot be appealed.
1. Privately operated institutions and private individuals engaged for the fulfillment of specific tasks are subject to official secrecy and the supervision of the department in the context of fulfilling their tasks.
2. The office periodically examines whether the privately operated institutions and private individuals engaged for the fulfillment of specific tasks meet the legal requirements.
3. Privately operated institutions and private individuals engaged for the fulfillment of specific tasks have the following obligations towards the office, notwithstanding any special confidentiality obligations
a) To provide the necessary information;
b) To grant access to records;
c) To supply details regarding operations, performance, and quality;
d) To report changes that are significant for the granting of permits or the conclusion of service agreements;
e) To allow access to the private institutions and their premises.
1. The dignity of prisoners shall be respected.
2. The rights of prisoners may only be restricted to the extent that the deprivation of liberty and living together in the correctional facility require it.
1. Prisoners must follow the orders of the office and refrain from anything that disrupts the orderly execution of confinement, the achievement of individual confinement goals, and the maintenance of order and security in the confinement facility.
2. Prisoners are particularly obliged
a) to undergo an examination by a doctor or other medically trained personnel to ascertain their health status upon entering a confinement facility;
b) to undergo a prescribed therapy;
c) to fulfill their obligations according to the confinement plan.
1. Prisoners are generally provided with a single cell in the detention facility. The house rules govern the extent to which personal belongings may be brought into the accommodation.
2. The meals are the same for all prisoners in a detention facility. Special meals are provided to those who require them under medical orders. Dietary rules based on religious affiliation are considered as far as possible.
1. In addressing personal issues, inmates are supported and advised. Correctional facilities may involve external individuals.
2. Medical care in correctional facilities is ensured.
3. Correctional facilities enable inmates to participate in religious services and similar events and provide for pastoral care.
1. Detention facilities and transport vehicles may be equipped with visual monitoring and recording devices. These devices serve
a) the monitoring and ensuring of order and security in the detention facilities and in the transport vehicles;
b) the ensuring of the safety of personnel, prisoners, and third parties;
c) the enforcement of house rules;
d) the monitoring of the health condition of prisoners.
2. Visually monitored are
a) all rooms and areas where prisoners can stay, with the exception of their own cells and sanitary facilities;
b) their own and assigned cells as well as specially designated security cells, if special circumstances, such as the prisoner's health condition or the risk of violence posed by the prisoner towards others, themselves, or property, require visual monitoring;
c) visiting rooms;
d) vehicles for transport to and from the detention facilities.
2bis Visual monitoring and recording with technical devices require clear labeling. In the cases according to paragraph 2 letter c, prior information to the affected persons must be provided.
2ter The evaluation of the recordings may only occur if there are grounds for suspicion of a criminal act or the fulfillment of a disciplinary offense.
3. Unless they have been consulted in the context of criminal, civil, or administrative proceedings, the recordings must be destroyed or overwritten no later than 100 days after the recording.
1. The recording of telephone conversations of prisoners is permissible to protect the order and security of correctional facilities.
2. Recorded telephone conversations must be destroyed or overwritten no later than 100 days after the recording, unless they have been used in the context of a criminal, civil, or administrative proceeding.
3. They may be listened to by the management of the correctional facility if there are grounds for suspicion of a criminal offense or the fulfillment of disciplinary offenses in accordance with § 33 paragraph 1 letters a, b, e, g and h.
4. Telephone conversations of prisoners with their legal representatives and oversight authorities may not be recorded or listened to.
5. The affected persons shall be informed afterwards about the recording of telephone conversations.
1. Technical devices may be employed for the following purposes
a) electronic monitoring according to the Criminal Code;
b) enforcement of contact and exclusion orders according to the Criminal Code, the Federal Act on Juvenile Criminal Law (Juvenile Criminal Law Act, JStG) of June 20, 2003, and the Military Criminal Code;
c) monitoring of substitute measures according to the Code of Criminal Procedure;
d) electronic monitoring according to the Civil Code;
e)* monitoring of instructions and conditions according to § 7 paragraph 2 letter aquinquies;
f)* electronic monitoring according to the Federal Act on Measures to Safeguard Internal Security (BWIS) of March 21, 1997.
2. The records according to paragraph 1 letters a, b, c, and e must be destroyed or overwritten at the latest one year after the recording, unless they have been used in the context of a criminal, civil, or administrative procedure. Records according to paragraph 1 letter d must be destroyed or overwritten no later than 12 months after the end of the measure.
3. The government council shall establish the cost framework for the execution of electronic monitoring according to the Civil Code and BWIS, by taking into account the rates applicable to electronic monitoring in the area of penal execution, in a regulation.
1. Prisoners are obligated to perform the work assigned to them. The assignment of work is based on the abilities and inclinations of the prisoners and the facilities available at the correctional institution. Consideration is given to the health condition of the prisoners.
2. In special forms of detention, work may be performed partially outside the correctional institutions.
3. Correctional institutions promote the education and further training of the prisoners.
1. The amount, the principles of assessment, the administration, and the use of wages shall be governed by the provisions of the Concordat.
1. Prisoners have the right to maintain contact with persons outside the correctional facility within the framework of the house rules and in accordance with the guidelines of the committing authority. Contact with close persons is to be facilitated.
2. Contacts are monitored and restricted or prohibited to protect the order and security of the correctional facility and the prisoners themselves.
1. Contacts with the outside world occur particularly through
a) Sending and receiving mail;
b) Telephone calls;
c) Newspapers, magazines, and books;
d) Receiving visits;
e) Granting of leave and outings.
2. The Government Council shall regulate the extent to which the use of electronic devices is permissible.
1. The authority may, in urgent cases, order provisional preventive detention before or simultaneously with the initiation of proceedings for issuing an independent subsequent judicial decision in accordance with the Code of Criminal Procedure, provided there is a serious expectation that the execution of a custodial sentence will be ordered against the person concerned, and that they
a) might evade the execution; or
b) might commit another crime or serious offense.
2. The authority conducts a detention procedure by analogous application of Article 224 of the Code of Criminal Procedure and requests the detention court to order preventive detention. The procedure shall be governed mutatis mutandis by Articles 225 et seq. of the Code of Criminal Procedure. Decisions of the detention court may be appealed by the authority through a complaint.
3. If the authority becomes aware of grounds for detention after the initiation of proceedings for the issuance of an independent subsequent judicial decision, it requests the proceedings' leadership to order preventive detention.
1. A security service ensures the safety of the penal institutions as well as the safety during transports, escorted outings, and similar operations outside the penal institutions. Police officers may be called in if necessary.
2. The service of the security forces is conducted without firearms.
3. If police officers are deployed, the provisions of the Law on the Cantonal Police of September 23, 1990, apply.
1. Unauthorized persons are subject to a restriction prohibiting approach within a distance of 5 meters from the fencing of detention facilities as specified in § 10. It is also prohibited for unauthorized persons to make contact with inmates verbally or non-verbally from outside the fencing.
2. Within a radius of 300 meters of detention facilities as specified in § 10, a flight ban is in effect for unmanned aerial vehicles weighing less than 30 kg. The authority may grant exceptions in justified cases.
1. For the purpose of ensuring enforcement, the following identification measures are permissible
a) Taking of fingerprints;
b) Taking of photographs;
c) Taking of measurements;
d) Ascertainment of physical characteristics.
2. The identification records may be provided to the police for the fulfillment of police duties, in particular for search purposes.
3. The identification records shall be destroyed after the definitive conclusion of the judicial enforcement process.
1. To protect the order and security of the correctional facilities, the management of the correctional facility may conduct a superficial body search of inmates by staff of the same sex. If the superficial body search involves a disrobing, it is to be conducted in the absence of other inmates.
1bis. For the same reasons, personal effects and the accommodations of the inmates can be searched.
2. Inmates suspected of concealing prohibited items on or in their bodies, particularly in non-visible body cavities, may undergo an intimate body search by a doctor or medically trained professional under the direction of the correctional facility management.
3. The management of the correctional facility may order breathalyzer tests, blood withdrawals and samples, urine samples, hair analyses, and similar tests of inmates.
4. To ensure the preventive measures required for the health of inmates and the staff of the correctional facilities, medical examinations may be carried out on inmates upon the order of the correctional facility management.
1. Visits may be conditioned upon the assurance of order and security within the correctional facilities, requiring visitors to
a) Submit to an identity check;
b) Be searched, whereby § 24 paragraph 1 applies accordingly.
2. The management of the correctional facility may exclude individuals who violate the visiting regulations or otherwise endanger the order and security of the correctional facility from visits for up to three months. In case of repeated offenses, a permanent exclusion may be ordered.
3. Permanent exclusion of close relatives, such as spouses, partners, children, parents, and siblings, is not permitted.
1. If there is an increased risk of escape or the danger of violence toward third parties, self-harm, or damage to property from a prisoner, the management of the correctional facility can order special security measures.
2. The following special security measures are particularly considered
a) Confiscation of personal items, specifically furniture, utilities, or garments, which may be prone to misuse;
abis) Prohibition of contact during outdoor walks;
b) Confinement in one's own or an assigned cell;
c) Placement in a specially equipped security cell;
d) Restraint.
3. The admitting authority can order the following special security measures for a period of up to three months
a) Placement in a high-security unit, provided conditions according to paragraph 1 are met;
b) Solitary confinement or individual accommodation, provided conditions according to the criminal code are met.
1. Physical or other direct force may be applied in the following cases, provided that the intended purpose cannot be achieved by any other means
a) Protection of personnel, prisoners, or other individuals related to a correctional facility;
b) Prevention of prisoner escape or capture of escaped prisoners;
c) Maintenance or restoration of order and security within the correctional facility and its immediate surroundings.
2. The application of direct force
a) requires appropriate training;
b) must be documented.
1. The administration of treatment ordered by the authority against the will of prisoners (compulsory treatment) is permissible
a) to avert an immediate danger to the life, limb, or health of the detained person or third parties;
b) to eliminate a serious disruption of coexistence or to ensure the orderly operation of the correctional facility, provided that the detained person exhibits significant social abnormalities or considerable destructive potential.
2. Compulsory treatment is only permissible if voluntary measures have failed or are not available.
### 1. In the event of a hunger strike, the authority may order forced feeding under the supervision of a medical specialist, provided there is a danger to life or a serious threat to the life and limb of the incarcerated person.
2. As long as it can be assumed that the incarcerated person has freely decided to refuse food, there will be no intervention from the enforcement authorities.
1. The authority may order a compulsory medication corresponding to the purpose of the measure for prisoners undergoing a therapeutic measure, insofar as this appears indispensable for the promising implementation of the measure from a forensic-psychiatric perspective.
2. The measure-indicated compulsory medication is only permissible if it is recommended by a specialist doctor.
3. The measure-indicated compulsory medication must be administered under the supervision of a specialist doctor.
4. If the measure-indicated compulsory medication is ordered for a prolonged period, it must be regularly reviewed and reordered.
1. The authority may order medically indicated forced medication for an imprisoned person
a) to avert an immediate danger to the life and limb or the health of others (danger to others);
b) to avert an immediate danger to the life and limb or the health of the imprisoned person (self-endangerment).
2. Medically indicated forced medication is only permissible if it is recommended by a specialist physician.
3. Medically indicated forced medication must be administered under the supervision of a specialist physician.
4. As long as it can be assumed that the imprisoned person is capable of making a free and informed decision to forgo medication in cases of self-endangerment, the correctional authorities will refrain from intervening.
1. The authorities of the correctional services may process personal data, including particularly sensitive personal data and personality profiles, provided they require such data to fulfill their legal duties.
2. The destruction of personal data according to paragraph 1 is subject to special legal provisions
a) 15 years after the last definitive release date or after the occurrence of the statute of limitations for enforcement;
b) 10 years after the death of the prisoner.
3. For the calculation of the period according to paragraph 2, the date of the most recent document in the enforcement file is decisive.
1. The authorities of the correctional system may exchange personal data, including particularly sensitive personal data and personality profiles, among themselves and with criminal authorities, as well as collect relevant data from other authorities, provided that they require such data to fulfill their legal duties.
1a. The authorities of the correctional system may disclose personal data, including particularly sensitive personal data and personality profiles, to other authorities if the relevant data is indispensable for fulfilling the legal duties of the involved authorities.
2. ...
3. ...
3a. The authorities of the correctional system are entitled, but not obligated, to notify the public prosecutor's office if they become aware, as part of their official duties, of specific grounds for suspicion regarding an offense that is prosecuted upon complaint.
3b. The office may report personal data, including particularly sensitive personal data and personality profiles, to the cantonal police for the purpose of averting specific threats to public safety and order, addressing existing disturbances, and preventing imminent or ongoing criminal offenses. The office may have inquiries carried out by the cantonal police. Furthermore, sections 35a and following of the Cantonal Police Act of September 23, 1990, shall apply accordingly.
3c. The office
a) sends the enforcement orders concerning foreign individuals and the decisions regarding the conditional or final release of foreign individuals from correctional facilities to the migration authority without being prompted;
b) informs the migration authority about the commencement of detention of foreign individuals as well as in advance about their anticipated release.
3d. The office informs the civil courts, which have ordered electronic monitoring in accordance with the Civil Code, and the cantonal police about incidents occurring during the execution of these measures.
3e. The government council regulates the remaining reporting obligations of the correctional authorities and criminal authorities to other bodies required to ensure an appropriate and coordinated correctional system in an ordinance.
4. Special reporting rights based on special legislation remain reserved.
1. The correctional authorities may grant access to personal data of prisoners, including particularly sensitive personal data and personality profiles, to the following authorities within the framework of an electronic retrieval procedure
a) the cantonal police and municipal police, insofar as this is necessary for the fulfillment of their tasks in the context of identity verification or a search;
b) the prosecuting authorities, insofar as this is necessary for the investigation of residence.
2. The correctional authorities may, within the framework of an electronic retrieval procedure, query the cantonal resident platform for personal data required for the fulfillment of their tasks, including particularly sensitive personal data and personality profiles.
3. The office uses a web-based database in the following cases, which enables the processing of correctional-relevant data, including particularly sensitive personal data and personality profiles, within the framework of an electronic retrieval procedure
a) for the purpose of interdisciplinary, inter-cantonal cooperation to ensure risk-oriented enforcement of sanctions;
b) for the purpose of employing technical devices for monitoring and control.
1. Professionals and associated private individuals entrusted with enforcement tasks are permitted to access inmate data, including particularly sensitive personal data and personality profiles, provided that the data is necessary for fulfilling their legal or contractual duties.
2. ...
3. They must communicate their findings, diagnoses, and prognoses to the office and the management of the correctional facility, regardless of any specific confidentiality obligations, provided that this information is necessary for enforcement.
4. Professionals and associated private individuals who implement a criminal measure or conduct therapy ordered by the office are obligated, regardless of any specific confidentiality obligations, to provide the office, the management of the correctional facility, and the criminal authorities with all information that may be relevant for assessing the socialization efforts, release preparations, and the public safety risk posed by the inmate.
1. Employees of the office, specialists, and engaged private individuals may disclose personal data to third parties, including particularly sensitive personal data and personality profiles, if this is necessary for the fulfillment of their legal duties. Any potential professional secrecy remains reserved.
2. Victims, their relatives, or third parties, insofar as they have a legitimate interest, have a right to information according to the Criminal Code.
1. Employees of the office, as well as professionals and private individuals involved, are required to report to the respective supervisory authority any incidents of significant importance that come to their attention in the course of their professional duties, regardless of any specific confidentiality obligations. Incidents of significant importance are deemed to include
a) severe dangers to third parties or to the enforcement institution;
b) violent behavior;
c) medical issues, provided there is a concrete, serious danger to the health of the inmates.
1. In the event of culpable violations against the provisions of this law, the implementing regulations based on it, the house rules, the execution plan, as well as violations against orders from the administration and personnel of the correctional facility, the administration of the correctional facility may impose disciplinary sanctions against prisoners. Disciplinary offenses particularly include
a)* Escape, attempted escape, and aiding escape;
b)* Insults, threats, improper behavior, and assaults against the personnel or administration of the correctional facility, fellow inmates, or third parties;
c)* Misuse of exit, leave, and visitation rights;
d)* Refusal to work, incitement to refuse work, disruption of work operations, and delayed or non-return from external employment;
e)* Damage to furniture and real estate, misuse of electronic devices, lack of care in handling materials, and unlawful appropriation of others' assets;
f)* Unauthorized contacts with other inmates and persons outside the correctional facility;
g)* Import, export, procurement, production, possession, consumption, and trade of alcohol, narcotics, or substances with similar effects, as well as misuse of medication;
h)* Import, export, procurement, mediation, production, possession of, and trade with unauthorized items, such as particularly weapons, weapon-like items, documents, and cash;
i)* Circumvention, refusal, and falsification of alcohol and drug tests and urine samples;
j)* Disregard of explicit orders from personnel or administration of the correctional facility, as well as disturbance of safety and order.
2. Abetment, incitement, and attempt can also be punished disciplinarily.
3. ...
4. Disciplinary pursuit expires six months after the fulfillment of a disciplinary offense. The execution of a disciplinary sanction expires six months after the final and binding order.
5. Criminal prosecution is reserved.
1. Disciplinary Sanctions are
a) a reprimand;
b) provided there is a connection to the fulfilled disciplinary offense
1. restriction or deprivation of leisure activities, such as in particular the use of electrical or electronic devices, for up to two months;
2. restriction or deprivation of access to funds for up to four months;
3. deprivation of work opportunities for up to three months;
4. restriction or deprivation of outside contacts, such as in particular phone bans and visitation restrictions, for up to two months, with communication with authorities, legal representatives, and spiritual caregivers being reserved;
5. restriction or deprivation of outings or leaves for up to six months;
c) a fine of up to 200 Swiss Francs;
d) cell confinement for up to 14 days;
e) detention in one's own, assigned, or specially equipped security cell for a maximum of 14 days.
2. Multiple disciplinary sanctions can be combined. Excluded from this are
a) combining with a reprimand;
b) the simultaneous imposition of detention and a fine.
3. When determining disciplinary sanctions, particular consideration is given to the severity of the fault, the severity of the violation or threat to order and safety, behavior during detention, motivations, and personal circumstances of the inmate. In minor cases, a disciplinary sanction may be omitted if the matter can be resolved in another way.
4. If an inmate commits a disciplinary offense again within two months of the last disciplinary action, the disciplinary sanction will be reasonably increased. The extent of a disciplinary sanction may thereby be increased by a maximum of half the legally prescribed upper limit.
1. In case of suspicion of the fulfillment of a disciplinary offense or criminal acts, inspections and searches may be ordered by the management of the correctional facility in accordance with § 24.
1. Objects and assets obtained in the context of fulfilling a disciplinary offense, or with which a disciplinary offense has been fulfilled, or that were intended for the fulfillment of a disciplinary offense, may be confiscated upon the order of the management of the correctional facility.
2. They may be used for the benefit of the canton, rendered unusable, or destroyed.
1. Appeals against first-instance orders can be lodged with the Department within 10 days. Appeals against the following first-instance orders must be filed directly with the Administrative Court
a)* Orders regarding conditional or definitive release and the revocation of measures;
b)* Orders for compulsory treatment pursuant to §§ 26-29.
2. Appeals against first-instance orders of the Department and against appeal decisions of the Department can be lodged with the Administrative Court within 10 days.
2bis Appeals against the following orders do not have a suspensive effect, unless the authority or the appeal instance grants such an effect ex officio or upon request of the appellant for compelling reasons
a) Transfer orders;
b) Orders concerning
1. the revocation of semi-detention and electronic monitoring according to the Criminal Code,
2. special security measures and disciplinary sanctions.
3. The procedure is otherwise governed by the provisions of the Administrative Procedure Act and the Court Organization Act.
**1. Execution Costs are expenses directly related to the administration of justice.**
2. They particularly include expenses for
a) accommodation, meals, care, security, work, as well as internal education and training;
b) services specific to the execution in the context of court-ordered or execution authority-ordered therapies, insofar as these are not covered by health insurance or otherwise;
c) transport to and from a correctional facility during execution;
d) round trips for hearings, court appointments, and visits to medical doctors, dentists, and therapists, provided the transport is not conducted by and at the expense of the police;
e) round trips of medical doctors, dentists, and therapists to the correctional facilities, provided these do not occur during official leave;
f) the security during admission and stay in a hospital or clinic;
g) outpatient medical treatments provided by the internal health service, insofar as these are not covered by health insurance or otherwise;
h) activities to be conducted in direct connection with execution planning.
3. The collection of financial contributions by the correctional facilities is governed by the provisions of the Concordat in the intercantonal relationship.
1. Personal Expenses of the Prisoner Do Not Have a Direct Connection with the Penal System.
2. They Specifically Include the Costs for
a) the stay and medical treatments in a hospital or clinic;
b) outpatient medical treatments provided by external specialists;
c) medical treatments by outside specialists;
d) medication;
e) medical aids;
f) dental treatments;
g) health insurance premiums, deductibles, and copayments;
h) the assessment and detection of the consumption of prohibited substances with positive results, such as laboratory analyses;
i) contributions to the old-age and survivors' insurance as well as to the disability insurance;
j) personal items;
k) integration services, such as professional expenses, costs for external education or leisure activities, as well as expenses during an outing or a holiday;
l) the rental and storage of furniture;
m) alimony, legal proceedings, compensation for damages, and satisfaction.
1. The canton shall bear the enforcement costs, unless these costs are covered by the Confederation, other cantons, third countries, or other third parties, for
a)* penalties and measures;
b)* activity, contact, and area bans;
c)* investigative and security detention;
d)* provisional arrests and police custody;
e)* measures involving deprivation of liberty under immigration law.
2. The allocation of costs in the inter-cantonal domain is governed by the Concordat[37].
2bis The bearing of enforcement costs for protective measures depriving liberty and detention of juveniles is governed by the JStPO[38].
3. Prisoners shall contribute appropriately to the enforcement costs within the scope of their financial capacity.
4. For special enforcement forms and additional specific expenses incurred in the interest of the prisoners, an appropriate advance payment may be requested.
1. Prisoners bear their personal expenses.
2. The personal expenses of prisoners residing in Switzerland are subsidiarily borne by the authorities responsible for providing social assistance in accordance with the guidelines of social welfare legislation.
3. The personal expenses of foreign prisoners without residence in Switzerland are subsidiarily covered
a) in the case of commitments by authorities of the Canton of Solothurn, by the canton;
b) in other cases, by the committing authority.
4. The canton subsidiarily bears the treatment costs of physicians and hospitals or clinics, provided that
a) the costs have not been paid by the prisoner or a third party six months after the service was rendered;
b) the person or institution providing the service demonstrates collection efforts;
c) the claim is assigned to the canton.
5. The canton may assume the treatment costs according to Paragraph 4 before the expiration of the six-month period, provided that the person or institution providing the service can demonstrate that payment of the treatment costs by the prisoner is not seriously to be expected from the outset due to their personal and financial circumstances.
1. The Executive Council shall issue the implementing provisions necessary for the execution of this Act in a regulation. It may, in particular, further regulate the following areas
a)* the organization of corrections;
b)* the enforcement procedure;
c)* the implementation and design of detention;
d)* the implementation of probation services and social care;
e)* the details concerning the handling of personal data;
f)* order and security;
g)* costs.
2. The Executive Council may declare internationally, nationally, or intercantonally recognized guidelines, such as in particular the guidelines of the concordat, as binding in a regulation.