Legislator Case Law & Legislation
331.16 JVA CH-SO

House Rules for the Correctional Facility of the Canton of Solothurn (HO JVA) - Subject and Purpose (JVA)

70 Articles / Provisions · Switzerland · Canton of Solothurn
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Table of Provisions (70)

§ 1 HO JVA § 2 HO JVA - Concordat Institution § 3 HO JVA - Management § 5 HO JVA § 6 HO JVA § 6bis HO JVA - Orientation of Relatives and Legal Representation § 7 HO JVA § 8 HO JVA - Free Account and Blocked Accounts § 9 HO JVA - Possession of Money § 10 HO JVA - Rejection and Disposal of Items § 11 HO JVA - Clothing § 12 HO JVA § 13 HO JVA - Accommodation § 14 HO JVA § 14bis HO JVA - Execution Report § 15 HO JVA - Duties of Prisoners § 16 HO JVA - Internal Contact Points § 17 HO JVA - Voting Rights and Election Rights **§ 18 HO JVA - Insurance Coverage** § 19 HO JVA - Agenda § 20 HO JVA - Meals § 21 HO JVA - Cell Regulations § 22 HO JVA - Electrical and Electronic Devices § 24 HO JVA - Duty to Work § 25 HO JVA - Duty of Care § 26 HO JVA - Vocational and Certificate Training § 26bis HO JVA - Assessment of Work Performance § 27 HO JVA - Wages § 28 HO JVA - Use of Wages § 29 HO JVA - Training and Further Education § 30 HO JVA - Leisure § 31 HO JVA - Library § 32 HO JVA - Supervision and Consultation § 33 HO JVA - Personal Hygiene § 34 HO JVA § 35 HO JVA - Psychiatric-Therapeutic Care § 35bis HO JVA - Preventive Measures § 36 HO JVA - Pastoral Care § 37 HO JVA - Means § 38 HO JVA - Legal Transactions § 38bis HO JVA - Gambling, Betting, and Lotteries § 39 HO JVA - Unauthorized Items, Consumables, and Substances § 40 HO JVA - Smoking § 41 HO JVA - Alcohol and Drugs § 42 HO JVA - Pharmaceuticals § 42bis HO JVA - Propaganda § 43 HO JVA - General § 44 HO JVA § 45 HO JVA - Telephony and Video Telephony **§ 46 HO JVA - Packages** **§ 47 HO JVA - Procurement** § 48 HO JVA - Newspapers and Magazines § 49 HO JVA - Visits § 50 HO JVA § 51 HO JVA - Leave Pass § 52 HO JVA - Inspections § 53 HO JVA - Purpose of the Disciplinary System § 54 HO JVA § 55 HO JVA - Disciplinary Sanctions § 56 HO JVA - Disciplinary Authority and Measurement of Disciplinary Sanctions § 57 HO JVA § 59 HO JVA - Execution of Fines § 60 HO JVA - Execution of Postponement of Leave and Reduction of Leave § 61 HO JVA § 62 HO JVA § 64 HO JVA - Procedural Regulations § 65 HO JVA - Procedural Provisions in Cases of Urgent Necessity § 66 HO JVA - Conditional Release § 67 HO JVA § 68 HO JVA - Execution Certificate

Statutory Text (70 Articles)

General Provisions

1. The house rules aim to promote integration into the community, the protection of the integrity of inmates, staff of the correctional facility, and third parties, mutual consideration, and discipline during the stay at the Solothurn Correctional Facility (JVA). The house rules establish guidelines to achieve this.

2. The house rules are supplemented and clarified by information sheets.

Article: Organization

1. The correctional facility is an institution of the Concordat of the Cantons of Northwestern and Central Switzerland concerning the Execution of Sentences and Measures (Concordat) dated May 5, 2006 (Concordat Institution) and is subject to the supervision of the authority.

2. It is operated as a closed institution for men and runs its own departments for

a) * the execution of closed measures;

b) * the execution of closed sentences.

Article: Organization

1. The correctional facility (JVA) is managed by the Director.

2. The Director

a) administers the correctional facility and represents it externally;

b) is responsible for ensuring a lawful, secure, and efficient operation and issues the necessary orders for this purpose;

c)* supplements and specifies the house rules in bulletins, particularly regarding the use of inmates' funds, clothing and laundry regulations, work, meals, leisure activities, cell regulation, interaction with electrical and electronic devices, leisure activities, and relations with the outside world;

d)* may temporarily restrict the inmates' relations with the outside world and regulate them differently from the house rules, if this is urgently necessary to ensure the safety and order of the facility.

Entry

1. Admission to the detention facility requires an enforcement order or a placement directive from the competent authority.

Entry

1. Upon admission, the identity of the prisoners is verified and personal data and forensic information are recorded in accordance with the instructions. All belongings of the prisoners are inspected. Prisoners are subjected to a body search in accordance with the principles of § 24 of the Juvenile Justice Act (JUVG).

2. All belongings, cash, and identification documents, particularly passports, identity cards, foreigner identity cards, insurance cards, and driver's licenses, must be surrendered. Items of sentimental value to the prisoners or those serving recreational or educational purposes shall be retained by the prisoners, provided this is compatible with the security and order requirements of the correctional facility and does not violate the objectives of the confinement. Copies of identification documents may be retained in the records.

3. An inventory of the surrendered belongings and items is to be prepared. The prisoner and a staff member of the correctional facility shall sign the inventory to confirm its completeness and accuracy. In case of refusal, a second staff member must sign in place of the prisoner.

4. The correctional facility assumes no liability for items retained by the prisoners.

"Entry"

1. Prisoners have the right to inform family members, close acquaintances, and, if necessary, their legal representatives about their admission to the correctional facility. For foreign prisoners, notification of the consulate occurs only upon their express request.

2. In the event of a transfer to another correctional facility, the current correctional institution ensures, subsidiarily, that the previously involved family members, close acquaintances, and legal representatives are adequately informed.

Entry

1. Upon admission to the correctional facility, the admitting authority must provide the staff of the facility with the following information

a) the reason for incarceration along with the necessary records;

b) information regarding the risk of escape and public danger;

c) information regarding illnesses and the administration of medication.

2. The correctional facility may obtain additional information and request further documents from other correctional facilities and clinics.

Entry

1. The management of the correctional facility administers the funds received by the inmates during their stay in the facility.

2. Upon admission, free and blocked accounts are opened for each inmate. The account management is conducted in accordance with the concordat guidelines concerning work remuneration and concerning the cost bearers for enforcement costs and personal expenses.

3. The inmates receive a periodic statement.

"Entry"

1. Possession of Cash is Prohibited. Any cash brought in will be credited to the inmates' unrestricted or restricted accounts at an amount determined by the administration of the correctional facility.

2. Upon transfer from another correctional facility, the division into unrestricted and restricted accounts will be made according to the settlement of the respective correctional facility or as decided by the administration of the correctional facility.

Entry

1. Extensive baggage or items whose storage requires special effort may be rejected or stored at the inmate's expense. If rejection or storage is not possible, the items may be disposed of for the benefit of the inmate. Items that cannot be disposed of will be destroyed without compensation.

2. The balance and personal effects of deceased inmates, after deduction of incurred costs, shall devolve into the estate.

Entry

1. Prisoners are required to wear institutional clothing while working.

1bis. The management of the correctional facility may also issue regulations regarding dress code outside of work.

2. Prisoners are responsible for the cleaning and maintenance of their personal clothing. The correctional facility accepts no liability.

Entry

1. The responsible staff members of the correctional facility conduct an entry interview with the prisoner. The prisoner presents their personal situation and raises concerns. They are informed about rights and obligations, the current correctional situation, the framework conditions established by the committing authority, and the procedure for the creation of the correctional plan.

2. The house rules and the accompanying information sheets are provided to the prisoner and explained orally if necessary.

3. The medical entry examination follows the information sheets of the health service.

Entry

1. Prisoners are generally assigned a single cell. The assignment is made by the administration of the correctional facility.

2. If the orderly operation and the security and order of the correctional facility allow it, prisoners live in a community.

Entry

1. The preparation of the execution plan shall be governed by Article 75 paragraph 3 of the Swiss Criminal Code (SCC) of December 21, 1937, § 11sexies of the Juvenile Criminal Law Act (JUVG), as well as the guidelines of the concordat concerning execution planning and the execution plan. This plan shall be reviewed and adjusted as needed, but at least annually.

2. The referring authority shall be informed about the execution plan.

Admission

1. In cases involving significant modifications of custodial measures, such as temporary release, leave, and conditional discharge, as well as in instances of special occurrences and permanent transfers to another correctional facility, the management of the correctional facility shall prepare a report on the course of execution for the committing authorities and, where applicable, the involved judicial authorities.

2. The report shall comment on developments in accordance with the execution plan and the sentence plan.

3. In the event of extraordinary occurrences, the committing authority shall be informed immediately.

Rights and Duties

1. Prisoners must comply with the instructions of the correctional facility staff and refrain from any actions that disrupt the orderly conduct of the detention, the achievement of individual detention goals, and the maintenance of order and security of the correctional facility. Additionally, the obligations of the prisoners are governed by Section 13 of the Juvenile Justice Act.

2. Prisoners are required to actively participate in the realization of the detention goals. An assigned area must not be left without permission.

Rights and Duties

1. The contact persons serve as the first point of contact for prisoners for all inquiries, concerns, and assistance.

2. Prisoners may register in writing with the group management for a personal meeting with the Director. The concern must be substantiated.

Rights and Duties

1. The right to vote and participate in elections is guaranteed, provided there are no legal restrictions. Prisoners must request the voting and election materials themselves.

2. Prisoners can participate in votes and elections through written correspondence.

Rights and Duties

1. The enforcement institution ensures, within the framework of statutory and concordat provisions, the maintenance of insurance coverage in the areas of illness, accident, disability, and pension schemes.

2. The enforcement institution ensures appropriate cost-sharing by the prisoners.

Daily Life in the Correctional Facility

1. The schedule specifically regulates the unlocking, locking, and working hours. It is made accessible to the prisoners in an appropriate manner.

2. …

3. Prisoners are generally entitled to a daily outdoor exercise period of at least one hour.

Daily Life in the Correctional Facility

1. On working days, three meals are provided daily. A different arrangement may be made within the framework of group detention.

2. On weekends and public holidays, at least two meals are provided.

3. Dietary and special meals are provided upon the directive of the health service or due to religious affiliation, to the extent that the conditions of the detention facility permit.

4. The use of cooking facilities is subject to the instructions of the management of the detention facility.

Everyday Life in the Correctional Facility

1. The cell inventory is standardized. Upon taking possession of the cell, an acceptance protocol is created.

2. Inmates are permitted to personalize their cells within the framework of the cell regulations. The cell must be arranged in a clear and orderly manner at all times and must be kept clean. The cells must be tidied up before the start of work each day. Any depictions or objects that violate decency and propriety or are likely to disturb the order of the correctional facility will be removed. Cell inspections are conducted according to the guidelines set by the management of the correctional facility.

3. Night rest must be observed. The specifics are determined by the daily schedule.

Daily Life in the Correctional Facility

1. The correctional facility may provide television sets in cells for a fee. The possession of private video playback devices, private computers, and private communication devices as well as the corresponding data carriers is generally prohibited. Exceptions are determined by the management of the correctional facility.

2. All devices must be set to room volume.

3. The management of the correctional facility determines the number and use of permissible electrical and electronic devices and data carriers. The following are not allowed

a) Devices and data carriers,

1. that serve to connect with other electrical and electronic devices or with the outside world;

2. the content of which contravenes legal regulations;

3. that endanger the safety and order of the correctional facility;

4. that enable image and sound recordings.

b) Alteration of institution-owned devices and systems.

4. In case of violations, the electrical and electronic devices may be confiscated.

5. The management of the correctional facility may make different arrangements in favor of the inmates.

Article: Work

1. Prisoners are obligated to perform the work assigned to them.

2. In the allocation of work, due consideration shall be given to the skills, education, preferences, age, and health condition of the prisoners, as well as the operational needs and possibilities of the correctional facility.

3. Prisoners may not leave their workplace without the permission of the responsible staff members of the correctional facility. Requests for exemption from work must be submitted to the latter.

4. Requests for a change of workplace must first be discussed with the responsible director of operations and then with the responsible department head.

5. Short-term incapacity for work is to be determined by the health service. In cases of long-term incapacity for work, a medical certificate of unfitness for work must be issued by a doctor.

Article: Work

1. Prisoners are obligated to handle the machines, equipment, materials, and facilities entrusted to them with care and to take responsibility for their personal equipment.

1bis. It is prohibited to take objects, tools, and materials for personal use from the workplace or to use them for personal purposes at the workplace. Exceptions are decided by the administration of the correctional facility.

2. Prisoners are liable for damages caused by their culpable actions.

3. In cases of suspected intentional property damage, disciplinary measures will be considered, and a criminal complaint will be filed.

Article: Work

1. The responsible staff members of the correctional facility conduct an individual interview with the inmates, typically on a monthly basis, during which the work performance is discussed and evaluated.

Article: Work

1. Prisoners are paid a wage in accordance with the provisions of the Concordat regarding work remuneration.

2. The wage is dependent on the requirements of the workplace as well as the conduct, work effort, work discipline, and work performance of the prisoners.

2a. Prisoners receive special allowances for mandated work carried out on Sundays and public holidays, and for mandated overtime, as determined by the management of the correctional facility.

3. No wage is paid during visits, outings, and vacations, in cases of work refusal and intentionally induced work incapacity, as well as during cell confinement and the execution of disciplinary arrest.

4. In cases of illness or accident-related work incapacity from the third day onwards, and in cases of involuntary unemployment, a reduced allowance is paid.

Article: Work

1. The use of the labor compensation is governed by the guidelines of the Concordat concerning labor compensation.

2. ...

3. Inmates are required to contribute, within their financial means, to the costs of execution, compensation for damages and satisfaction, court and proceeding costs, healthcare costs, social security contributions, and similar costs that are not covered by allowances.

Education and Leisure Activities

1. Training and further education are equated with work and compensated with an average wage.

2. Prisoners can participate in internal courses. Additionally, participation in correspondence courses can be included in the execution plan.

3. Prisoners are professionally supported according to their aptitude, previous education, and personal commitment.

4. Funding is regulated in the execution plan.

5. The correctional facility collaborates with external training and further education institutions, particularly with the Educational Office in Penal Institutions (BiSt) of the Swiss Workers' Aid Association (SAH).

Education and Leisure Activities

1. The correctional facility organizes a leisure program. Courses, lectures, sports activities, and cultural activities may be offered.

2. The management of the correctional facility may require inmates to participate in certain activities, particularly in regular informational and lecture events.

Education and Leisure Activities

1. The correctional facility maintains a library. Inmates may borrow informational materials and reading materials.

Guardianship and Advisory

1. In addressing personal issues, prisoners are supported and advised by the respective competent staff of the correctional facility.

2. Prisoners are informed in an appropriate manner about the support and counseling services available. If necessary, they are referred to the competent authorities, in particular the cantonal prison commission.

Guardianship and Advisory Services

1. Prisoners must adhere to minimal hygiene requirements.

1bis. The administration of the correctional facility may require prisoners to perform necessary personal hygiene for hygienic reasons.

2. Prisoners shall be given the opportunity to shower at least twice a week, provided that the operations of the correctional facility allow for it.

Guardianship and Advisory

1. The health service, in collaboration with the doctors, ensures the medical care of the prisoners.

1bis. It dispenses the medications prescribed by the doctors and decides which nutritional supplements may be consumed by the prisoners. The dispensing of duly prescribed medications, prepared by the health service, can be delegated to appropriately instructed staff members of the correctional facility.

1ter. The health service may, if necessary and after prior approval from the correctional facility's management, have additional assessments carried out by a specialist.

1quater. If, due to the health condition of a prisoner, a transfer to a hospital or psychiatric clinic is necessary, the management of the correctional facility must obtain prior approval from the committing authority. In urgent cases, the management shall arrange for the transfer without delay and immediately inform the committing authority.

1quinquies. Prisoners do not have the freedom to choose their own doctors.

1sexies. Appropriate dental treatment is assured within the framework of necessary and urgent care. If the costs can be covered by the prisoner, the health service may, after prior consultation with the management of the correctional facility, approve further treatment. The health service designates the dentist.

2. Details are contained in the health service's information sheets.

Guardianship and Advisory

1. If the court has ordered an inpatient measure within the meaning of Article 59 of the Swiss Criminal Code (StGB) or an outpatient treatment within the meaning of Article 63 StGB, the professional staff of a psychiatric service or psychiatric clinic ensures the psychiatric and psychotherapeutic aspects of the measure.

Guardianship and Advisory

**1. The administration of the correctional facility ensures the implementation of preventive measures to protect against communicable diseases and to prevent suicides, as well as the regular provision of information to inmates regarding health-promoting measures and health-damaging behavior.**

Guidance and Consultation

1. The correctional facility ensures pastoral care. Chaplains from the regional churches visit the correctional facility regularly.

1bis. Prisoners without affiliation to a regional church can also receive care from chaplains of the regional churches.

2. Visits from chaplains of a non-regional church faith may take place by arrangement with the management of the correctional facility, provided that exclusion is not necessary for reasons of security and order of the facility.

3. The management of the correctional facility establishes the details related to pastoral care, particularly concerning the counting of conversations with chaplains towards the number of permissible visits.

Offense Processing and Restitution

1. Offense processing and reparation are integral components of the enforcement plan and serve to prevent or reduce the risk of recidivism.

2. Discussions regarding offense processing primarily focus on conflict resolution, pathways to understanding the offense, and empathy towards the victim.

3. As part of the enforcement planning, various possibilities for offense processing and reparation are examined.

Prohibitions

1. Legal transactions among prisoners, particularly the purchasing, exchanging, gifting, lending of objects, and granting of loans, are prohibited.

2. The same applies to legal transactions between prisoners and the staff of the correctional facility.

Prohibitions

1. Inmates are prohibited from participating in gambling, betting, and lotteries involving monetary or value stakes in any form within the correctional facility.

2. Prohibitions

1. Possession, use, and consumption of the following items, indulgences, and substances are prohibited

a) unauthorized electrical and electronic devices and data carriers;

b)* items, writings, audio and video recordings, and other data carriers that oppose the enforcement goal or are capable of endangering the security and order of the enforcement institution;

c) items, writings, audio and video recordings, and other data carriers that contain sexual acts with children, with animals, with human excretions, or with acts of violence;

d)* alcohol, drugs, and substances with similar effects as well as cannabis products;

e)* medications that have not been individually dispensed by the health service and do not correspond to the current treatment plan;

f) dietary supplements not approved by the health service;

g) weapons, weapon-like objects, and objects suitable for use as dangerous weapons.

2. The import, export, manufacture, and distribution of the items, indulgences, and substances listed in paragraph 1 are prohibited.

3. Possession, distribution, and export of items, indulgences, and substances that have entered the enforcement institution by circumventing controls are prohibited.

4. Prohibited items, indulgences, and substances will be confiscated. They may be exploited or destroyed. The proceeds from the exploitation or the cash will be credited to the fund according to the KRB dated January 26, 1993.

Prohibitions

1. Smoking is only permitted in regular cells with the door closed and outdoors.

1bis. The use of electronic cigarettes is prohibited. The management of the correctional facility may implement different regulations.

1ter. The consumption of all cannabis products is prohibited.

2. The management of the correctional facility may restrict or prohibit smoking

a) in the interest of orderly operation of the correctional facility;

b) for fire safety reasons;

c) to protect against passive smoking.

2. Prohibitions

1. Prisoners must return from leave and outings sober (0.0 per mille) and drug-free.

2. The consumption of substances similar to narcotics and all cannabis products is also prohibited during leave and outings.

2. Prohibitions

1. The possession and consumption of medication not supplied by the health service are prohibited even during leave and excursions.

2. Prohibitions

1. Propaganda of any kind is prohibited throughout the entire area of the correctional facility. This includes making political symbols or content visible or audible.

2. The right to freedom of expression and political rights remain unaffected by this.

Relations with the Outside World

1. The maintenance of contact with persons outside the correctional facility is conducted through correspondence and telephone calls, as well as visits, outings, and leaves.

Relations with the External World

1. The receipt and dispatch of letters are not restricted, provided that the necessary control is not considerably hindered or rendered impossible by number, volume, or language. Outgoing mail must be submitted unsealed, stamped, and with the sender's information.

2. Postal correspondence may be monitored. Correspondence with authorities, official bodies, as well as legal representatives, is only subject to a containment check.

3. Correspondence with defense counsel and supervisory authorities is not subject to content review. In cases of abuse, contact with legal counsel may be prohibited.

4. Cash is generally assigned to freeze accounts. The management of the correctional facility sets the relevant particulars.

Relations with the Outside World

1. Private telephone conversations can be conducted using telecommunication devices provided during leisure time. The correctional facility decides on the use of videotelephony within the framework of operational possibilities and in compliance with the objectives of detention, safety, and order.

2. Telephone and videotelephone conversations may be monitored and recorded. In case of misuse, telephonic contact may be restricted or prohibited. The recording is governed by section 16bis of the Juvenile Justice Act (JUVG).

3. Inmates can register telephone and videotelephone conversations with authorities, official bodies, and legal representatives with the management of the correctional facility.

Relations with the External World

1. Packages shall only be admitted if they can be easily inspected, do not endanger the security and order of the correctional facility, and do not contain unauthorized items, indulgences, or substances.

2. Unauthorized items, indulgences, and substances shall be confiscated. In the case of cash, the procedure outlined in § 44 paragraph 4 shall be followed.

3. The management of the correctional facility shall determine the number and weight of permissible package shipments and inform the inmates in an appropriate manner. Packages shall be inspected prior to delivery.

4. Incoming shipments that do not comply with the correctional facility's regulations shall be returned or utilized at the inmates' expense.

Relations with the External World

1. Foodstuffs, tobacco products, and toiletries can be ordered or obtained using a shopping list. Orders may only be placed if sufficient funds are available in the free account and the order has been approved by the management of the correctional facility.

2. The selection is limited to selected products. External orders are generally not allowed. The management of the correctional facility may approve exceptions in justified cases.

Relations with the Outside World

1. Provided there are sufficient funds in the free account, prisoners are permitted to subscribe to newspapers and magazines available on the market, in consultation with the correctional facility's administration, as long as these do not contain any unauthorized content as defined in § 39.

2. Upon release from the correctional facility, prisoners are responsible for notifying any change of address. Subscribed newspapers and magazines will not be forwarded to the released prisoners.

Relations with the External World

1. The reception of visitors is possible at least twice a month. All visits must be registered in advance. First-time visits must be registered in writing. The registration must include the name, address, and telephone number of the visitors, as well as information about their relationship with the inmate. Unregistered visits will not be permitted. Visitors must undergo an identity check in accordance with § 24bis paragraph 1 letter a of the JUVG.

2. In principle, four persons can be received at the same time. The management of the correctional facility may grant exceptions, restrict or extend the visiting time, or impose conditions on the visit (for example, a partition screen). The regular visiting time is generally one hour.

3. If the behavior of the inmates or the visitors contravenes decency and propriety, or if there is a suspicion of the transfer of unauthorized items, enjoyables, and substances, the visit may be interrupted by the supervision. The supervision may conduct a superficial body search of the visitors in accordance with § 24bis paragraph 1 letter b JUVG or take other appropriate measures.

4. The exclusion of offending visitors from further visits is governed by § 24bis paragraphs 2 and 3 JUVG.

5. From a social preventive perspective or for security reasons, former inmates may be prohibited from visiting the correctional facility.

6. Gifts from visitors must comply with the regulations of the house rules.

Relations with the External World

1. The granting of leave and furlough is governed by the guidelines of the Concordat concerning the granting of leave and furlough. Leaves and furloughs may be subject to conditions. They will be canceled, restricted, or terminated if the inmates do not comply with the instructions of the escort personnel.

Relations with the External World

1. Prisoners are not handed their deposited identification documents during outings and leaves. In justified cases, the admitting authority may grant exceptions.

2. Prisoners receive a leave pass that provides information on the purpose and duration of their absence from the correctional facility.

Controls and Disciplinary Sanctions

1. To protect security and order, the personnel of the correctional facility may search the personal effects and accommodations of the inmates.

2. Upon return from outings and leaves, as well as when there is suspicion of smuggling unauthorized items, indulgences, and substances, inmates may be subjected to a body search in accordance with the principles of § 24 JUVG.

3. Breath tests, blood extractions and samples, urine samples, hair analyses, and the like, pursuant to § 24 paragraph 3 JUVG, are conducted due to conditions or programs and as spot checks. Urine samples are taken under visual supervision. Refusal is equated to a positive result. If the test yields an incriminating result, the inmates must bear the costs of the examination.

4. The administration of the correctional facility may order electronic monitoring of leave and outings pursuant to §16ter paragraph 1 letter e JUVG.

Controls and Disciplinary Sanctions

1. The disciplinary system serves the enforcement of the Youth Justice Act (JUVG), the house rules, the execution plan, as well as the orders of the management and staff of the correctional facility and aims to ensure security and order, as well as the protection of the staff and inmates of the correctional facility.

2. Disciplinary sanctions are a response to culpable misconduct, aim at its correction, and are intended to motivate the offending inmates to comply with regulations in the future. Clear, transparent, and consistently applied rules are intended to convey to the inmates the understanding and responsibility for orderly cohabitation within the correctional facility.

Controls and Disciplinary Sanctions

1. In cases of intentional or grossly negligent violations of the cantonal execution regulations, the house rules, the execution plan, as well as the orders of the management and staff of the correctional facility, the management of the correctional facility may impose disciplinary sanctions on inmates.

2. The following, in particular, are considered disciplinary offenses

a) Escape, attempted escape, and assistance in escape;

b)* Insults, threats, inappropriate behavior, as well as physical altercations, assaults, and violence against the staff or management of the correctional facility, fellow inmates, or third parties;

c)* Abuse of the rights to leave, vacation, and visitation;

d)* Refusal to work, incitement to refuse to work, disruption of work operations, as well as late return 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 contact with other inmates and persons outside the correctional facility;

g)* Importation and exportation, procurement, mediation, distribution, manufacture, possession, and trade of alcohol, narcotics, or similarly effective substances, as well as misuse of medication, stimulants, and substances;

h)* Importation and exportation, procurement, mediation, distribution, manufacture, possession, and trade of unauthorized items, particularly weapons, weapon-like objects, documents, and cash;

i)* Evasion, refusal, and falsification of alcohol and drug tests and urine samples;

j)* Disregard of explicit orders from the staff or management of the correctional facility, as well as disruption of security and order.

Controls and Disciplinary Sanctions

1. Disciplinary Sanctions are

a)* the reprimand;

b)* if there is a connection to the fulfilled disciplinary offense

1.* restriction or deprivation of leisure activities, particularly the use of electrical or electronic devices, for up to 2 months;

2.* restriction or deprivation of the disposal of monetary resources for up to 4 months;

3.* deprivation of employment opportunities for up to 3 months;

4.* restriction or deprivation of external contacts, particularly telephone bans and visitation prohibitions, for up to 2 months, while communication with authorities, legal representatives, and pastoral care providers remains reserved;

5.* restriction or deprivation of outings or leaves for up to 6 months.

c)* ...

d)* ...

e)* ...

f)* ...

g)* ...

h)* ...

i)* fines up to 200 Swiss Francs;

j)* confinement in cell for up to 14 days;

k)* detention in one's own, assigned, or specially designated security cell for a maximum of 14 days.

Controls and Disciplinary Sanctions

1. The competencies for exercising disciplinary authority and determining the disciplinary sanction are governed by §§ 33 et seq. JUVG.

a)* ...

b)* ...

c)* ...

d)* ...

e)* ...

2. If a prisoner reoffends a disciplinary violation within 2 months since the last disciplinary action, the disciplinary sanction will be appropriately increased according to § 33bis paragraph 4 JUVG. The measure of a disciplinary sanction may be increased by up to a maximum of one-half of the legally prescribed upper limit.

3. Multiple disciplinary sanctions may be combined in accordance with § 33bis paragraph 2 JUVG. The following are exempt from this

a)* the combination with a reprimand;

b)* the simultaneous imposition of detention and a fine for the same completed disciplinary violation.

4. ...

5. If the prisoner's misconduct has caused damage and this damage is documented, the prisoner may be required to provide compensation for the damage in addition to the disciplinary sanction to an appropriate extent.

Controls and Disciplinary Sanctions

1. Objects used in the commission of a disciplinary offense shall be confiscated. They will be stored with the personal effects if ownership can be determined. If ownership cannot be determined or if the confiscated objects pose a threat to the safety and order of the correctional facility, they shall be disposed of, destroyed, or handed over to the police.

2. In particular, the following applies

a) Alcohol shall be destroyed;

b) Drugs shall be handed over to the police;

c) Electrical and electronic devices shall be deposited with the inmate's personal effects and handed back upon release from the correctional facility;

d) Weapons shall be handed over to the police.

Controls and Disciplinary Sanctions

1. Fines are deducted from the free account. Until the full payment of the fine, prisoners are not allowed to make any expenditures from the free account. Essential expenses are reserved.

Controls and Disciplinary Sanctions

1. The next leave is postponed from the regular schedule by 1 to 12 weeks. The duration of the leave is not affected.

2. The postponement of leave also results in the restriction of outings and external visits.

3. The next leave is shortened by 1 to 48 hours. The prisoner must return from leave correspondingly earlier. Multiple leave reductions will be executed consecutively.

Controls and Disciplinary Sanctions

1. Cell confinement is executed in the inmate's own cell, in an assigned cell, or in a specially equipped security cell. The television set is removed from the cell during this time.

2. Prior to cell confinement, there are no restrictions on the prisoner.

3. The following activities are not permissible during cell confinement

a) Outings, relationship leaves, and external visits;

b) Outdoor activities;

c) Telephone and video calls;

d) Recreational activities that do not conclude by the confinement start time;

e) Internal and external educational events.

Controls and Disciplinary Sanctions

1. The detention shall be executed in the detention cell. Upon the commencement of detention, the prisoner shall undergo a personal search and must fully disrobe. Clothing and slippers shall be provided to the prisoner. Toiletries shall be made accessible to him. He shall have the opportunity to inform his relatives by telephone or in writing.

2. During detention, the prisoner is excluded from work, leisure activities, events, shopping, and external contacts. Smoking is restricted.

3. From the second day of detention, the prisoner is entitled to one hour of outdoor exercise.

4. During detention, the prisoner is entitled daily to

a) personal hygiene and a change of underwear;

b) the receipt and dispatch of correspondence;

c) one hour outside the detention cell.

5. At the prisoner's request, contact with spiritual care providers, authorities, and legal representation is permitted.

Controls and Disciplinary Sanctions

1. The staff of the correctional facility shall document the inmate's misconduct in writing.

2. Before the issuance of the disciplinary decision, the inmate shall be given the opportunity to respond (right to be heard).

3. The disciplinary decision shall be handed to the inmate against a receipt acknowledgment and explained orally if necessary. A copy of the disciplinary decision shall be filed in the records.

4. The disciplinary decision shall include instructions on the right to appeal. Appeals can be filed within 10 days with the Department of the Interior. The appeal must be submitted in writing and must include a petition and a statement of reasons.

5. The disciplinary decision shall be sent to the committing authority.

Controls and Disciplinary Sanctions

1. In urgent cases, particularly in situations of escape, use of force, threats, and smuggling of unauthorized items, consumer goods, and substances, the prisoner is granted the right to be heard verbally. The prisoner's statements are recorded in writing. The record is signed by the prisoner.

2. The disciplinary decision is communicated to the prisoner orally without delay. The communication is documented in writing. The decision is confirmed in writing within 24 hours.

3. The possibility of appeal and notification of the committing authority is governed by § 64 paragraphs 4 and 5.

**Dismissal**

1. Conditional release is reviewed by the competent authority upon request by the prisoner or ex officio. The management of the correctional facility informs the prisoners in due time before the potential release date that they can submit an application for conditional release to the committing authority.

2. ...

**Dismissal**

1. Upon release, prisoners are handed their stored personal effects and cash against a receipt. Confiscated items, recreational goods, and substances are excluded.

2. The balance for work performed is paid out to the released individual. If the released individual is admitted to another correctional facility, the balance is provided in cash or transferred to the accounts of the new correctional facility.

3. Items that cannot be taken immediately must be collected within a month's time at the latest. After the expiration of the monthly period, uncollected items will be disposed of or utilized without further consultation with the released individual. The released individual is informed of this procedure. The proceeds from the utilization are credited to the fund pursuant to the KRB of January 26, 1993.

**Dismissal**

1. Prisoners are entitled to receive, upon request, a certificate of incarceration indicating the dates of entry and release.

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