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331.1 JVVOEP CH-ZH

Corrections Ordinance (JVV) (JVV)

177 Articles / Provisions · Switzerland · Canton of Zurich
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Table of Provisions (177)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Art. 9 Art. 9a Art. 10 Art. 11 Art. 11a Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28 Art. 38 Art. 43 Art. 44 Art. 45 Art. 46 Art. 46a Art. 46b Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 53 Art. 53a Art. 54 Art. 54a Art. 55 Art. 56 Art. 57 Art. 57a Art. 57b Art. 58 Art. 59 Art. 60 Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Art. 78 Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 89 Art. 90 Art. 91 Art. 92 Art. 93 Art. 94 Art. 95 Art. 96 Art. 96a Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105: Prison Ordinance (JVO) Art. 105a Art. 105b Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 111 Art. 112 Art. 113 Art. 114 Art. 114a Art. 115 Art. 116 Art. 117 Art. 118 Art. 119 Art. 120 Art. 121 Art. 122 Art. 123 Art. 124 Art. 125 Art. 126 Art. 127 Art. 128 Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 136a Art. 136b Art. 136c Art. 136d Art. 136e Art. 136f Art. 136g Art. 136h Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Art. 142 Art. 143 Art. 144 Art. 145 Art. 146 Art. 147 Art. 148 Art. 149 Art. 150 Art. 150a Art. 151 Art. 151a Art. 152 Art. 156 Art. 159 Art. 160 Art. 161 Art. 162 Art. 163 Art. 164 Art. 165 Art. 166 Art. 167 Art. 168 Art. 169 Art. 170 Art. 236 Art. 439 Art. 6131

Statutory Text (177 Articles)

Art. 1 : Corrections Ordinance (JVV) Open official source

33. Subject Matter

This Ordinance governs the execution of criminal sanctions and the implementation of pre-trial and security detention, extradition detention, police detention, as well as preparatory, removal, and enforcement detention.

**Part 1: Authority**

Art. 2: Prisons Ordinance (JVV) Open official source

29 Structure

1 For the fulfillment of the tasks of the penal system, an office with the designation "Justizvollzug und Wiedereingliederung" (Penal System and Reintegration) exists within the Directorate of Justice and Home Affairs.

2 The office consists of the office management and the following main departments

a. Probation and Enforcement Services,

b. Research and Development,

c. Pöschwies Correctional Facility,

d. Uitikon Measures Centre,

e. Psychiatric-Psychological Service,

f. Zurich Pre-Trial Detention Centers,

g. Zurich Enforcement Facilities.

Art. 3: Prison Ordinance (JVV) Open official source

1. Organs of the Office Management are the Head of Office and the Management Board.

2. The Head of Office is responsible for the overall leadership of the Office and its external representation in essential matters.

a. Office Management

Organisation and Leadership

1.10.24 - 126

1

331.1

Justice Enforcement Ordinance (JVV)

3. The Management Board consists of the Head of Office and the Heads of the Main Departments. It may include additional persons in the Management Board.

4. The Management Board is responsible for topics and work processes spanning across main departments, as well as for the further development and quality assurance of justice enforcement.

Art. 4 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 The main division is led by the head of the main division. The heads of the Pöschwies Penitentiary, the Uitikon Centre for Measures, the Zurich Pre-trial Detention Centres, and the Zurich Correctional Facilities are referred to as directors.29

2 The main division management, together with the head of the office, determines the organisation and specialist concepts of the main divisions.

b. Management

of the main

divisions

Tasks

a. Execution of

sentences and

measures,

probation

services

Art. 5 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

Here is the translation of the provided text into English

**20 The Office**

a. enforces custodial sentences and measures pronounced by Zurich courts and prosecuting authorities, as well as those commenced prematurely;

b. conducts probation supervision and monitors compliance with imposed directives;

c. enforces deprivations of liberty and measures on behalf of the juvenile criminal authorities in accordance with Article 15 para. 2, Article 16 para. 3 and Article 25 of the Juvenile Criminal Law Act (JStG13);

d. enforces custodial sentences and measures pronounced by federal criminal authorities and transferred to the Canton of Zurich for enforcement;

e. assumes the enforcement of extra-cantonal decisions and transfers the enforcement of Zurich judgments and penal orders to other cantons in accordance with the Ordinance on the Criminal Code and the Military Criminal Code of September 19, 200612;

f. assumes the enforcement of foreign decisions or delegates the enforcement of Zurich decisions in accordance with the provisions of the Mutual Legal Assistance Act and the relevant international agreements.

**b. Enforcement of other types of detention**

Art. 6: Ordinance on the Enforcement of Sentences (OES) Open official source

33 The Office executes

a. pre-trial detention and security detention as well as extradition detention

to secure criminal proceedings,

b. police detention to secure police custody and provisional arrest,

c. preparatory, removal, and enforcement detention to secure decisions and

proceedings under foreigners' law.

2

Ordinance on the Execution of Sentences and Measures (JVV)

331.1

Services

Art. 7: Penal Enforcement Ordinance (PEO) Open official source

The Office particularly provides the following services: It

a. operates the institutions, prisons, measure centers, and services necessary for the execution of sentences, and develops external resources for the treatment and care of offenders,

b. ensures the implementation and development of suitable forms of enforcement, therapy, counseling, and treatment,

c. engages in analysis, evaluation, and further training in the fields of activity that are relevant for the fulfillment of tasks in the execution of sentences and in reintegration,

d. cooperates with other thematically related authorities and institutions as well as with research,

e. informs the public about its activities.

**Article 8 : Ordinance on the Enforcement of Sentences (JVV)** Open official source

31 1 The probation and enforcement services

regulate the preparation, implementation and termination of assignments

pursuant to § 5 lit. a, b, d, e and f,

operate the enforcement and Electronic Monitoring specialized office as well as

the system and technical devices for electronic monitoring

within the meaning of

b. Probation

and Enforcement

Services

1. Art. 79b para. 1 SCC11 (Electronic Monitoring [EM] Front-

door and EM Backdoor),

2. Art. 237 para. 3 CPC (substitute measures),

3. Art. 26 ff. JCPC15 in conjunction with Art. 237 para. 3 CPC

(substitute measures and protective measures in juvenile criminal

proceedings),

4. Art. 67b para. 3 SCC and Art. 16a para. 4 JJA (contact

and exclusion zones),

5.36 Art. 28c para. 1 CC10 (measures for the protection of persons affected by violence),

6.36 Art. 23q of the Federal Act of 21 March 1997 on Measures

to Safeguard Internal Security (ISSA; measures according to Art. 23l–23o ISSA)8.

c.20 arrange work assignments within the scope of community service

and conduct learning programs,

d. conduct debt counseling and debt restructuring,

e. prepare reports for the attention of law enforcement authorities and courts

or other authorities,

f. recruit, instruct and accompany voluntary staff

for the supervision of convicted and incarcerated persons,

1.10.24 - 126

3

331.1

Ordinance on Enforcement of Sentences and Measures (JVV)

g.38 operate the cantonal coordination office for the criminal record

information system VOSTRA as well as that according to Art. 4 para. 2

of the Federal Act of 18 December 2015 on the International

Convention for the Protection of All Persons from Enforced Disappearance 16.

2 In individual cases, they may, with the consent of the convicted

person, continue social counseling and support after the termination of the

statutory assignment, as long as

a. the continuation ensures reintegration and

b. no other specialized office is responsible.

3 They may grant a convicted person financial support to a small

extent to bridge a temporary emergency. This may be reclaimed.

4 A fund for charitable purposes is available for debt restructuring.

c. Psychiatric-

Art. 9: Ordinance on Correctional Facilities (OCF) Open official source

26 1 The Psychiatric-Psychological Service is responsible for the normal and crisis

Psychological psychiatric and psychotherapeutic care of individuals incarcerated in the

Service enforcement institutions of the Office. It conducts court-ordered measures and

voluntary offense-preventative therapies during and outside of imprisonment.

2 It ensures the quality of normal and crisis psychiatric and psychotherapeutic

care, as well as offense-preventative treatments, in the enforcement institutions

of the Office.

3 It may delegate individual tasks to external specialists or, with the consent of

the Head of Office, transfer entire areas of responsibility to other institutions

whose suitability to perform these tasks according to modern medical and

forensic standards has been demonstrated.

4 It may prepare expert reports, risk assessments, and expert opinions on behalf

of law enforcement authorities, courts, or other authorities and decision-makers.

In doing so, the principle of personal separation between the functions of

therapist and expert evaluator is observed.

5 It promotes, in particular through further education and scientific activities,

the development of forensic psychotherapy, psychiatry, and psychology.

d. Research

and Development

Art. 9a : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

28 1 The Main Department for Research and Development

a.37 conducts research on topics relevant to correctional services and

reintegration, particularly concerning the ordering and execution

of criminal sanctions, criminal procedural and police law inter-

ventions, as well as the recruitment, training, and management

of suitable personnel,

4

Penitentiary Ordinance (JVV)

331.1

b. develops instruments, concepts, and processes for the topics

mentioned in lit. a,

c. publishes the results of this research and development in an

appropriate form,

d. supports the other main departments in implementing the results

according to lit. a and b.

2 It advises internal and external partners and provides services

for them.37

Art. 10: Prison Ordinance (JVV) Open official source

20 1 The Pöschwies Penitentiary executes custodial sentences and detentions, e.29 Penitentiary

as well as stationary measures under Art. 59 para. 3 StGB11, in a closed regime on men.

Pöschwies

2 The Pöschwies Penitentiary admits

a. Convicts for the execution of a sentence or remaining sentence of at least

one year, whereby admission is generally not granted less than six months

before the date of conditional release,

b. Persons sentenced to detention,

c. Persons sentenced to a stationary measure under Art. 59 StGB11,

provided and as long as the treatment must be carried out in a closed

regime for security reasons.

3 In special cases, the Office may approve the execution of pre-trial or security

detention, as well as shorter periods of deprivation of liberty.

4 The Pöschwies Penitentiary operates external branches for the execution of

open detention and work externships. These facilities serve as transitional

and probation stations for inmates from closed detention. Convicted

persons may also be admitted directly to these facilities, regardless of their

sentence duration.

5 The Penitentiary ensures the care of incarcerated persons, meaningful

employment, and, if necessary, vocational training, social counseling,

medical care, and spiritual support.

6 It ensures security both internally and externally.

Art. 11 : Ordinance on the Enforcement of Sentences (JVV) Open official source

33 1 The Main Department of Pre-Trial Detention Centres Zurich comprises the detention centres designated by the Office, where mainly pre-trial, security, and extradition detention, as well as police detention, are served. The individual detention centres are each managed by a head.

Zurich

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331.1

Justice Enforcement Ordinance (JVV)

2 The following individuals are admitted to these detention centres

a. Pre-trial and security detainees, as well as detainees in extradition detention,

b. Detainees in police detention,

c. Convicted persons until their transfer to a suitable correctional facility,

d. Detainees who, for security reasons, cannot be admitted to a suitable correctional facility,

e. Juveniles

1. for the serving of pre-trial and security detention, for juveniles under 15 years of age, if a justified exception exists, and

2. for deprivation of liberty according to Art. 25 JStG13.

3 The detention centres ensure the care of the incarcerated persons and provide sufficient occupation. They organise the necessary social counselling, medical care, and pastoral support.

4 They ensure internal and external security.

Art. 11a : Prison Ordinance (JVV) Open official source

Here is the English translation

23 1 The Main Department of Correctional Facilities Zurich comprises the prisons and correctional facilities designated by the Office, in which primarily shorter custodial sentences under the ordinary regime or in semi-detention, as well as immigration detention, are served. The individual prisons and correctional facilities are each managed by a director.

2 The following persons are admitted to these prisons and correctional facilities

a. Convicted persons for the execution of a custodial sentence or a residual sentence of no more than 18 months,

b. Convicted persons until their transfer to a suitable institution in Switzerland or in their home country,

c. Detainees in preparatory, removal, and enforcement detention,

d. if necessary, persons in pre-trial detention and security detention, as well as persons in extradition detention.

3 The prisons and correctional facilities ensure the care of the incarcerated persons and provide sufficient employment. They organize the necessary social counselling, medical care, and pastoral support.

4 They ensure internal and external security.

6

Ordinance on the Execution of Sentences (JVV)

331.1

Art. 12: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 Admissions to the Uitikon Centre for Correctional Measures (Massnahmenzentrum Uitikon) h.29 Correctional Measures Centre

a. young adults sentenced to a measure pursuant to Art. 61 SCC11,

b. adolescents who have reached the age of 17 and have been sentenced to a protective measure pursuant to Art. 15 para. 1 in conjunction with Art. 16 para. 3 JCCA13,

c. adolescents who have reached the age of 16, if they have been sentenced to

1. a protective measure pursuant to Art. 15 para. 2 JCCA13,

2. deprivation of liberty pursuant to Art. 25 JCCA13.

2 The Centre for Correctional Measures ensures the necessary vocational and school education, socio-educational support measures, therapeutic assessment and treatment, as well as social counselling and medical and pastoral care.

3 It ensures internal and external security.30

4 It operates the Electronic Monitoring Enforcement Unit for the electronic monitoring of enforcement relaxations and other juvenile criminal law orders during the execution of protective measures.30

Uitikon

Art. 13: Prison Ordinance (JVV) Open official source

33 1 The Office and its Main Divisions act in the provision of their services according to the following principles

a. for persons incarcerated and convicted under criminal law, the work is oriented towards their offenses, risk potential, and developmental needs, and aims at strengthening personal responsibility and ensuring social integration in Switzerland or in their home country;

b. for persons in pre-trial detention and security detention, the enforcement of the grounds for detention under criminal procedure and thus the securing of the criminal proceedings are paramount;

c. for persons in police custody, the execution of police detention and provisional arrest is ensured;

d. for persons detained under foreign law in preparatory, removal, and enforcement detention, the provision of services consists of securing expulsion and removal decisions of the competent foreign authorities;

e. for persons in extradition detention, the extradition procedure is ensured in accordance with the instructions of the federal authorities.

2 They may restrict the rights of convicted persons only to the extent required by the execution of the sanction.

of service

provision

1.10.24 - 126

7

331.1 Prison and Probation Ordinance (JVV)

3 They provide their services interdisciplinarily and according to proven and recognized quality standards.

4 They process enforcement cases according to the Risk-Oriented Sanction Enforcement process. The process is guided by the guidelines of the Eastern Switzerland Penal Enforcement Commission on Risk-Oriented Sanction Enforcement.

**Art. 14 : Ordinance on the Enforcement of Sentences (OES)** Open official source

Police bodies may be called upon within the framework of official assistance to enforce and fulfill orders.

Art. 15: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

20 The Office shall define the necessary requirements pursuant to § 17

para. 2 StJVG5 for the delegation of tasks to private entities and may

conclude performance agreements.

Art. 16 : Prison Ordinance (JVV) Open official source

1 The Prison and Probation Commission according to § 19 StJVG5 advises

and supports the Office in essential matters of the enforcement system.

The Office informs the Commission about new developments and plans.

2 The Prison and Probation Commission is chaired by the Head of the

Department of Justice and Home Affairs and constitutes itself and the

necessary expert committees.

3 The commission members are entitled to visit the enforcement

institutions and services and to speak with the employees of the Office

and its clients without the presence of third parties. The commission members

are subject to the duty of confidentiality; employees are released from their

duty of confidentiality towards them.

Part 2: Enforcement Procedure

Section 1: Service of Decisions and Preliminary Review

Art. 17: Penal Enforcement Ordinance (PEO) Open official source

20 The criminal authorities shall issue decisions in the sense of

Art. 18 : Prison Ordinance (JVV) Open official source

31 1 The Office examines its jurisdiction, the enforceability,

and the question of pending enforcement procedures in other cantons and

regulates the assumption or transfer of enforcement.20

2 The transfer of enforcement competencies to other cantons and

mutual legal assistance in criminal enforcement are governed by the guidelines of the

Eastern Switzerland Penal Enforcement Commission33 on the transfer of enforcement

competencies and mutual legal assistance in criminal enforcement.

8

Ordinance on the Enforcement of Sentences and Measures (JVV)

331.1

3 The Office examines whether enforcement in special forms of enforcement

according to Article 38 is possible.

Section 2: Early Enforcement of Sentences and Measures20

Art. 19: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 Early Execution of Sentences and Measures within the Meaning of the Fundamentals

Art. 20: Prison Ordinance (JVV) Open official source

1 If the case management, in accordance with Art. 6131 CCP14, approves early execution of sentence, the Office shall ensure its implementation and the necessary enforcement regulations, provided the conditions for this are met.

2 Early commencement shall take place in a closed correctional facility according to the rules and competences for the execution of legally binding judgments. Special restrictive orders from the case management according to Art. 6131 CCP14 remain reserved. Relaxations of enforcement may be granted if the case management does not object due to criminal procedural grounds for detention.

Art. 21: Prison Ordinance (JVV) Open official source

21

Premature

Enforcement of

Custodial Sentences

and Committals

Art. 22 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 The case management according to Art. 61 CCP ensures, prior to the

premature approval of the premature enforcement of therapeutic measures,

that a suitable enforcement institution is ready to admit the person or a

therapist is ready to carry out the measures. It obtains

a statement from the office.31

2 The office ensures the implementation of the premature enforcement of

measures and the necessary enforcement regulations. The provisions

on ordinary enforcement of measures and the regulations of the

enforcement institutions are applicable.

3 If a measure proves to be unsuitable, the office determines this

and regulates the discontinuation of the premature enforcement. It requests

the case management according to Art. 61 CCP to revoke the premature

enforcement. The case management takes the necessary

security measures.31

4 Otherwise, the provisions on premature enforcement of sentences apply.

Measures

1.10.24-126

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331.1

Justice Enforcement Ordinance (JEV)

Release or

Interruption

Art. 23: Penitentiary Ordinance (JVV) Open official source

20 1 The procedure management according to Art. 6131 CPC14 decides on applications for release as well as for interruption of sentences or measures.

**2 The office decides on conditional release after the judgment has become legally binding.**

**3. Section: Fines and Penalties**

**Principle**

Art. 24 : Prisons Ordinance (JVV) Open official source

Courts, authorities, and public offices collect the fines and penalties they impose themselves.

Central Collection

Art. 26 : Prison Ordinance (JVV) Open official source

The fines and penalties imposed by the law enforcement authorities are collected by the treasury of the district court responsible for the criminal case or by the body declared competent for this purpose.

Military

Fines

and Penalties

Art. 27: Prison and Correctional Ordinance (JVV) Open official source

Collection of Fines and Costs by Military Courts

The collection of fines and penalties imposed by military courts and the costs awarded shall be carried out by the High Court.

**Fines and Penalties in Cases of Substitute Sentences**

Art. 28: Corrections Ordinance (JVV) Open official source

31 If an alternative custodial sentence has replaced a fine or disciplinary fine, the fine or disciplinary fine falls to the office upon payment.

§§ 29-37.27

4.26 Section: Prison Sentences and Custody

A. Forms of Execution

Special

Forms of Execution

Art. 38 : Ordinance on the Enforcement of Sentences (OES) Open official source

26 1 The following are considered special forms of enforcement

a. community service in the sense of Art. 79a SCC,

b. electronic monitoring in the sense of Art. 79b para. 1 lit. a SCC (EM Frontdoor),

c. semi-detention in the sense of Art. 77b SCC.

Justice Enforcement Ordinance (JEO)

331.1

2 For admission and requirements, enforcement modalities, termination and completion, the guidelines of the East Switzerland Criminal Enforcement Commission for the special forms of enforcement (community service, electronic monitoring [EM], semi-detention) apply.

§§ 39-42.

Art. 43: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 A convicted person serves their deprivation of liberty sentence entirely in normal enforcement or partly in an open institution if

a. no special form of enforcement pursuant to § 38 para. 1 is applicable, and

b. the limited supervision and control possibilities appear sufficient to prevent escape, to prevent new criminal offenses, and in particular to protect the public.

2 Under the same conditions, detention (Verwahrung) can also be served partly in an open institution.

Art. 44: Ordinance on the Enforcement of Sentences (JVV) Open official source

Institutions or their departments are referred to as closed if, by their nature and operation, they are suited to prevent escapes or dangers to third parties. If other forms of execution are not possible, prison sentences and detentions are carried out in a closed setting.

b. Closed Execution

Art. 45: Ordinance on the Execution of Sentences (OES) Open official source

1. Work and Residential Externship (External Accommodation)

Work and residential externships are preparatory stages for release from a custodial sentence or detention. They serve the gradual integration of the convicted person by allowing them to work or train outside the institution, and by permitting them to live outside the institution.

2. Electronic Monitoring

Instead of a work externship or a work and residential externship, electronic monitoring can be approved upon request for a period of three to twelve months.

B. Commencement of Execution of Sentence

Art. 46: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

26 1 The Office shall inform the convicted person that serving the

sentence in special forms of execution pursuant to § 38 is possible and

shall set a deadline for submitting an application.

2 The Office shall decide on the application and, upon approval,

determine the commencement of execution, the form of execution, as well

as conditions and requirements.

electronic

Convicted

in liberty

a. Approval

of a special

form of execution

1.10.24-126

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331.1

Regulation on the Execution of Sentences (JVV)

3 If the convicted person does not meet the requirements for the

desired form of execution, the executing authority may set a deadline

for them to submit an application for approval of another special

form of execution.

b. Execution

regulation for

community service

Art. 46a : Prison and Correctional Ordinance (JVV) Open official source

Article 25

**1** The Authority regulates the execution of community service in the execution agreement. It determines the period during which the convicted person must perform community service. As a rule, the convicted person performs at least eight hours of community service per week.

**2** The Authority concludes a work agreement with the convicted person and the employing institution. This agreement contains, in particular

a. the type and duration of the community service,

b. the deployment plan with the commencement of execution and the working hours,

c. the supervision of the community service as well as the reporting of breaches of work obligations and the completion of the work assignment by the employing institution.

**3** The execution agreement may also specify participation in learning programs and accompanying measures. Learning programs ordered by the Authority shall be credited towards the penalty.

**4** The Authority shall notify the body responsible for collecting the fine or monetary penalty if a fine or monetary penalty is served in the form of community service.

**c. Execution provisions for electronic monitoring**

Art. 46b : Prison Ordinance (JVV) Open official source

25 1 The Office shall regulate the enforcement of electronic monitoring

in an enforcement agreement and shall determine the date of commencement

of the sentence.

2 It shall draw up an enforcement plan with the convicted person, which

takes into account their personal circumstances. The enforcement plan shall include,

in particular

a. the psychosocial counselling and support of the convicted person

during enforcement,

b. the weekly schedule, which takes into account the working or training hours and

other obligations of the convicted person,

c. the time which the convicted person may spend outside the accommodation,

namely for work, employment, training,

official errands and leisure,

d. the payment of enforcement costs,

e. conditions, in particular participation in learning programs,

individual and group therapies, as well as accompanying measures.

12

Justice Enforcement Ordinance (JVV)

331.1

Art. 47: Prison Ordinance (JVV) Open official source

26 1 The Office regulates the execution of semi-detention in a custody The Regulation

agreement and determines the date of commencement of the sentence for Semi-Detention

and the place of execution. It takes into account the domicile and

place of work or training of the convicted person.

2 The convicted person spends their rest and leisure time in the

custodial institution. They must spend at least one full day per week

in the custodial institution.

3 The Office prepares the custody plan with the convicted person. This

plan includes in particular

a. the times of departure and return,

b. the time available to the convicted person outside the custodial

institution per working day, specifically for work, employment,

training, meals, and visits to authorities,

c. the payment of execution costs,

d. conditions, particularly participation in learning programs, individual

and group therapies, as well as accompanying measures.

Art. 48: Penitentiary Ordinance (PenO) Open official source

1. Open and Closed Execution

1 The Office offers the convicted person who does not meet the requirements for execution in a special form of execution, or who does not make use of such a form of execution, to serve their sentence in open or closed execution.26

2 The Office sets the commencement date of the sentence in such a way that the convicted person has adequate time remaining for the necessary regulation of professional and private affairs.

3 Upon request by the convicted person, the commencement of the sentence may be postponed to a later date if this

a. avoids significant health risks or other significant, irreparable disadvantages, and

b. neither jeopardizes the execution of the sentence nor creates increased risks for third parties.

4 The request for postponement of the commencement date of the sentence must be justified, evidence must be precisely designated and, where possible, submitted. The request must be submitted immediately upon knowledge of the reason for postponement.19

Art. 49: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

26 1 If the convicted person fails to report within the allotted stay

period, does not appear for the ordered commencement of sentence, or is of unknown whereabout

whereabouts, the Office shall issue a warrant for their whereabouts search and arrest.

search or arrest.

1.10.24-126

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Justice Enforcement Ordinance (JEO)

331.1

2 After the arrest, it shall promptly decide whether the convicted

person must serve their sentence in open or closed enforcement. The enforcement of the sentence in a special form of enforcement will generally no longer be approved.

Art. 50: Prison Ordinance (PV) Open official source

1 Commencement of enforcement and placement in an open facility

If the convicted person is in detention, the office shall record the commencement of the enforcement of the final judgment. It shall examine whether the convicted person can be transferred to an open facility.

**2 Retention in closed enforcement**

Convicted persons who, at the time their judgment becomes final, pose a high risk to third parties or are at risk of absconding, shall remain in closed enforcement.

Art. 51: Corrections Ordinance (JVV) Open official source

1 The Office decides in which institution or prison the enforcement takes place.

2 It provides the enforcement institution tasked with the enforcement with the enforcement order, which includes the essential enforcement data, as well as a copy of the reasoned judgment and any other information necessary for the execution of the enforcement.

C. Execution and Termination of Enforcement

Art. 52: Penal Enforcement Ordinance (PEO) Open official source

26 The Office admonishes a convicted person who fails to comply with the enforcement agreement or the work agreement.

Art. 53 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

26 1 If the admonition is unsuccessful, the Office shall terminate the community service.

2 In urgent cases or for important reasons, it may terminate the community service without prior admonition, particularly if

a. the proper operation of the employing institution is endangered or

b. due to the behaviour of the convicted person, a proper completion of the community service cannot be expected.

3 The Office shall, as a rule, terminate the community service if the convicted person must additionally serve a substitute custodial sentence for a fine or penalty.

Art. 53a: Prison Ordinance (JVV) Open official source

25 The convicted person bears their personal expenses for performing the community service, in particular the costs for travel to work and meals.

Detainees

Convicted

Persons

Enforcement Order

and Duty to Inform

Community Service

a. Admonition

b. Termination and

Interruption

c. Personal

Expenses

14

Regulation on the Enforcement of Sentences and Measures (JVV)

331.1

Art. 54: Prison Ordinance Open official source

26 The convicted person must prove, upon commencing their sentence,

that they still meet the requirements for the approval of electronic monitoring.

a. Commencement of sentence

Art. 54a : Prison Ordinance (PVO) Open official source

25 1 The Office admonishes a convicted person who fails to comply with the execution agreement or the execution plan. If the admonition is unsuccessful, the Office terminates the electronic monitoring. In cases of minor fault, it may refrain from termination and instead restrict the free time granted to the convicted person.

2 In cases of serious or repeated minor violations, the Office may terminate the electronic monitoring without prior admonition.

3 Electronic monitoring is terminated if adult persons living in the same dwelling withdraw their consent.

4 If a criminal investigation is initiated against the convicted person, the execution of electronic monitoring may be interrupted or terminated.

Art. 55 : Penal Enforcement Ordinance (PEO) Open official source

26 The convicted person must prove upon commencing their sentence that they still meet the requirements for half-custody.

a. Commencement of sentence

Art. 56: Enforcement Ordinance (EO) Open official source

26 Leave and Furlough

Leave and furlough are granted in accordance with the directives of the Eastern Switzerland Penitentiary Commission33 for special forms of detention (community service, electronic monitoring [electro- nic Monitoring, EM], semi-detention) and in accordance with the directives of the Eastern Switzerland Penitentiary Commission33 regarding the granting of furlough and leave17.

Art. 57 : Prison Ordinance (JVO) Open official source

26 1 The Office admonishes a convicted person who fails to comply with the enforcement agreement or the enforcement plan. If the admonition is unsuccessful, the Office terminates the semi-detention and enforces the sentence in accordance with § 49 para. 2. In cases of minor fault, it may refrain from termination and admonish the convicted person again. The imposition of disciplinary measures by the enforcement institution remains reserved.

2 In cases of serious or repeated minor violations, the Office may terminate semi-detention without prior admonition.

3 If criminal proceedings are initiated against the convicted person, the enforcement of semi-detention may be interrupted or terminated.

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15

331.1

Common

Provisions

a. Amendment

of Admission

Requirements

b. Cost

Contribution

Common

Regulations for

Open and

Closed Enforcement

a. Change of

Enforcement

Institution

Justice Enforcement Ordinance (JVV)

c. Termination and

Interruption

Art. 57a : Corrections Ordinance (JVV) Open official source

25 1 The Office shall terminate the enforcement in the approved form

of enforcement if

a. one or more additional sentences are to be enforced and thereby

the maximum permissible duration for the approved form of enforcement is

exceeded,

b. the convicted person no longer meets the requirements for the approved

form of enforcement,

c. the convicted person waives the special form of enforcement.

2 If a convicted person loses their job, training position, or employment

through no fault of their own, the Office may refrain from terminating semi-detention

or electronic monitoring if they

a. find another suitable activity within 14 days and

b. their care and supervision are ensured during the transitional period.

Art. 57b: Prison and Correctional Ordinance (JVV) Open official source

25 **Electronic Monitoring and Semi-Detention**

1. In cases of electronic monitoring and semi-detention, the convicted person shall pay a contribution towards the enforcement costs, as determined by the Office, and shall secure this with regular advance payments.

2. The Office may, upon request, waive the cost contribution in whole or in part if the convicted person demonstrates a financial hardship. A financial hardship exists, in particular, if the payment of the cost contribution would impair the fulfillment of statutory maintenance and support obligations.

Art. 58: Ordinance on the Enforcement of Sentences and Measures (OESM) Open official source

1. The convicted person may, during the serving of their sentence, be transferred to another similar correctional facility if this is necessary

a. due to the employment or training situation,

b. for health reasons,

c. for security reasons,

d. to optimize the inmate composition.

2. For security reasons, a temporary transfer to a correctional facility designated for the execution of sentences or to a prison may take place.24

3. A transfer may also take place if it serves to maintain contact with family or other important reference persons and thereby facilitates reintegration. The convicted person has no legal right to transfer to a correctional facility of their choice.

16

Administration of Justice Enforcement Ordinance (JVV)

331.1

Art. 59 : Prison Ordinance (JVO) Open official source

1. Transfer from open to closed custody. Transfer to

is only permissible

a. in connection with a disciplinary offense,

b. in cases of risk of flight,

c. for the protection of the public,

d. to prevent the endangerment of third parties.

Art. 60 : Ordinance on the Enforcement of Sentences (OES) Open official source

A convicted person will be transferred from closed to open

custody if there are no longer any special circumstances under Art. 76

para. 2 SCC11 and the transfer is meaningful for reintegration, taking into account

the remaining sentence.

closed custody

c. Transfer

from closed

to open custody

Art. 61: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 Leave and Furlough

1 Leave and furlough are granted in accordance with the directives of the Eastern Swiss Penal Enforcement Commission33 on the granting of furloughs and leaves17.

2 The granting of leave may be linked to instructions and conditions regarding conduct, occupation, place of residence, reporting obligations, and accompaniment, as well as framework conditions for the implementation of further leaves.

3 Accompanied leaves are those undertaken in the company of personnel from the Office or specialists designated by it.

4 Persons at risk of escape will not be granted furlough or leave. They will be brought before the police if there are grounds for a factual leave.

Art. 62 : Prison Ordinance (JVO) Open official source

1. **Well-qualified convicts may be granted temporary work assignments outside the correctional facility, under the guidance and supervision of institutional staff, as part of the contract processing for internal workshops. For convicted persons in closed confinement, such work assignments are possible at the earliest after one-third of the sentence has been served.**

e. Other

custodial

relaxations

2. **For external employment without supervision by institutional staff, the guidelines of the East Swiss Penal Enforcement Commission33 concerning the granting of work release and residential release, electronic monitoring instead of work or residential release (EM-Backdoor), and the employment of persons assigned to a private employer17.26 apply.**

3. **Persons at risk of flight may not be employed outside the correctional facilities.**

1.10.24-126

17

331.1

Enforcement of Sentences Ordinance (JVV)

f. Sentence

interruption

Work release

and residential

release,

electronic

monitoring

a. Admission

and general

conditions

b. Termination

c. Maintenance

fees

Art. 63: Ordinance on the Enforcement of Sentences (OES) Open official source

The granting of a suspension of sentence pursuant to Art. 92 SCC11 can be linked to conditions regarding conduct, employment, place of residence, reporting obligations, as well as the ordering of supervision or care.

Art. 64: Prison Ordinance (JVV) Open official source

26 1 The guidelines of the Eastern Switzerland Penal Enforcement Commission33 concerning the granting of work externships and residential externships, electronic monitoring in lieu of work or residential externships (EM-Backdoor), and the employment of committed persons with a private employer17 shall apply to the conditions, decision-making powers, and general framework for work and residential externships, as well as electronic monitoring in lieu of externships.

2 Personal, professional, and legal matters must be handled during working hours, leave, or day release/leisure time.

Art. 65: Prison Ordinance (JVO) Open official source

1. The convicted person shall be temporarily or permanently returned to open or closed enforcement or to work externship if they

a. lose their job and do not secure another employment opportunity within three weeks;

b. lose their accommodation and a suitable replacement cannot be found within 14 days;

c. misuse the time allotted for work outside the correctional facility for other purposes;

d. display conduct that no longer warrants the necessary trust; or

e. commit a disciplinary offense and thereby significantly or repeatedly disrupt the safe or orderly operation of the correctional facility.

2. If a criminal investigation for a misdemeanor or felony is initiated against the convicted person, admission to the work or residential externship may be revoked.

Art. 66 : Prison Ordinance (JVO) Open official source

1 The convicted person must pay a subsistence fee. The office determines its amount.

2 Upon request, the office may fully or partially exempt the convicted person from paying the subsistence fee if

a. the remaining income of the person would fall below the minimum subsistence level, or

b. the fulfillment of statutory maintenance obligations would be impaired.

Justice Enforcement Ordinance (JEO)

331.1

Art. 67: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 Conditional Release

The enforcement institution shall inform the convicted person in a timely manner about the possibility of conditional release.

2 If the convicted person waives an application for conditional release, they must confirm this in writing, stating the reasons.

3 The guidelines of the Eastern Switzerland Penal Enforcement Commission³³ concerning conditional release from penal enforcement¹⁷ apply to the granting of conditional release.

Art. 68: Prison Ordinance Open official source

The Office orders probation assistance upon conditional release in accordance with the guidelines of the East Switzerland Penal Enforcement Commission33 concerning probation assistance upon conditional release17.

Art. 69 : Prison Ordinance (JVO) Open official source

1 ## Right to petition for amendment of enforcement modalities

Enforcement institutions may submit petitions for the amendment of enforcement modalities.

2 ## Enforcement reports and duty to inform

In connection with requests for substantial relaxations of enforcement, they shall prepare enforcement reports for the deciding authorities or courts.

3 Enforcement reports shall provide information on

a. conduct,

b. compliance with agreements,

c. the achievement or non-achievement of partial goals or goals of enforcement according to the enforcement plan,

d. changes in offense-relevant behavior,

e. findings on social structures after a conditional release.

4 Enforcement institutions shall inform the committing authority without delay and unprompted of extraordinary occurrences concerning the convicted person.

Dangerous offenders

Art. 70: Prison Ordinance (PCO) Open official source

1 The determination of the dangerousness to the public of offenders within the meaning of Art. 75a para. 3 StGB, or of changes to this classification, is carried out in accordance with the guidelines of the East Switzerland Penal Enforcement Commission33 on the enforcement of custodial sentences and measures involving deprivation of liberty for potentially dangerous offenders17.26.

2 Leave and other relaxations of enforcement measures shall only be granted to such convicted persons if it can be assumed that

a. they are no longer dangerous to the public, or

b. third parties can be adequately protected from any remaining danger through accompanying measures.

1.10.24-126

19

331.1

Justice Enforcement Ordinance (JEO)

5.26 Section: Therapeutic Measures

A. Commencement of Enforcement

Art. 71 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 The implementation of outpatient treatment with suspended

execution of sentence shall be regulated by the Office together with the convicted person

and the therapist appointed by the Office.

Article 63 para. 3 SCC remains reserved.31

2 The convicted person shall, by means of the execution plan, commit

to cooperating in achieving the therapy goals formulated together with the therapist

in the treatment contract.

3 They must be contactable throughout the entire treatment period

and must immediately notify the Office of any change of address.

4 The therapist shall, by means of the execution plan, commit

to the lawful, offence- and problem-oriented implementation of the treatment aimed at

preventing relapse, as well as to reporting to the Office.

5 Outpatient treatment without suspended execution of sentence shall be regulated by the

therapist together with the correctional facility. The correctional facility

is responsible for providing the infrastructure and coordinating the therapy with the

execution plan, and the therapist is responsible for the professional implementation of the

treatment.

Art. 72: Penal Enforcement Ordinance (PEO) Open official source

1 The therapist concludes a treatment contract with the convicted person and provides a copy to the Office. The treatment contract regulates the goals, form, and course of the therapy.

2 This generally also applies to voluntary, offense-preventative therapies during or independently of a deprivation of liberty.

Art. 73: Prison Ordinance (PV) Open official source

1 The enforcement of inpatient measures under Article 59 and

Art. 74 : Prisons Ordinance (JVV) Open official source

1. The Office, in consultation with the measure enforcement institution, regulates the implementation of inpatient treatment. The enforcement regulation is based on the institution's therapeutic concept. The Office may issue further instructions if there are special reasons. It provides the measure enforcement institution with the enforcement order containing the essential enforcement data.

2. The commencement of inpatient treatment is determined by

Art. 75: Ordinance on the Enforcement of Sentences (OES) Open official source

26 1 The therapist or the treatment institution entrusted with the implementation of the inpatient or outpatient measure informs the Office about the implementation of the measure.

2 The persons entrusted with the implementation of the measure are released from professional secrecy regarding the achievement of treatment goals and the course of treatment.

3 By signing the treatment contract or by being informed about the enforcement regulations, the convicted person acknowledges the duty to inform and the release from professional secrecy.

Art. 76 : Corrections Ordinance (JVV) Open official source

If the convicted person fails to report for the arranged consultation or commencement of measures within the prescribed period of residence, or if their whereabouts are unknown, the Office may issue a warrant for their whereabouts inquiry or arrest and have them brought in by the police.

1.10.24 - 126

21

331.1

Execution of

inpatient addiction

treatments

Social counseling

Change of

therapist or

inpatient

facility

Reporting and

information

Treatment

costs

Justice Enforcement Ordinance (JEO)

Art. 77: Prison Ordinance (JVV) Open official source

For the implementation and the general conditions of stationary addiction treatments, the guidelines of the East Switzerland Penal Enforcement Commission33 for the execution of stationary addiction therapies17 apply.

B. Implementation and Termination

Art. 78: Penitentiary Ordinance (PEnO) Open official source

To promote the social integration of the convicted person, the Office may supplement the implementation of the measure with social care.

Art. 79 : Ordinance on the Enforcement of Sentences (OES) Open official source

A change of therapist or the institution for inpatient measures may only take place with the consent of the Office.

Art. 80 : Prison Ordinance (JVO) Open official source

1 The therapist or the therapeutic institution as well as the institution for the enforcement of measures shall report to the Office upon request or at previously agreed appointments. They shall inform the Office without delay and unsolicited

a. about extraordinary occurrences,

b. if the convicted person repeatedly fails to comply with agreements.

2 The reports shall provide information on

a. the applied form of treatment,

b. the compliance with agreements by the convicted person,

c. the achievement or non-achievement of therapy or treatment goals,

d. the observed changes,

e. the assessment of the risk of relapse,

f. the necessity of continuing the therapy.

3 The therapist or the therapeutic institution as well as the institution for the enforcement of measures may request changes to the enforcement modalities.

Art. 81: Ordinance on the Enforcement of Sentences (JVV) Open official source

1 The costs of outpatient or inpatient treatment

shall be borne by the Office, insofar as they are not to be assumed by third parties or other

governmental bodies in accordance with § 28 StJVG5 or cannot be imposed on the convicted person due to favorable economic circumstances.

22

Justizvollzugsverordnung (JVV)

331.1

2 If a convicted person residing in the canton must be accommodated in an out-of-canton facility for inpatient treatment, the Health Directorate shall bear the resulting additional costs.

Art. 82: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1. Leave and Furlough

Leave and furlough are granted according to the guidelines of the East Switzerland Penal Enforcement Commission33 on the granting of furlough and leave17.

2. Work Externate,

Residential Externate,

and Electronic Monitoring

For the prerequisites, decision-making powers, and framework conditions for work externates and residential externates during inpatient measures enforcement, as well as electronic monitoring instead of externates, the guidelines of the East Switzerland Penal Enforcement Commission33 apply regarding the granting of work externates and residential externates, electronic monitoring instead of a work or residential externate (EM-Backdoor), and the employment of detained persons with a private employer17.26

Art. 83 : Ordinance on the Enforcement of Sentences (JVV) Open official source

The approval of the interruption of a measure in accordance with Art. 92 StGB-

measures11 may be accompanied by conditions concerning conduct, further treatment, place of interruption

residence, reporting obligations, and with the order of supervision or

care.

Art. 84: Penal Enforcement Ordinance (PEO) Open official source

Dangerous Offenders

The determination of dangerousness to the public and the procedure for enforcement are governed by § 70.

Art. 85: Ordinance on the Enforcement of Sentences (JVV) Open official source

If the therapist or the enforcement institution cannot implement the measure according to their method or concept, they shall make the convicted person available to the office, stating the reasons and providing recommendations for further action.

Art. 86 : Prison and Correctional Ordinance (PCO) Open official source

1 As a violation of the duty to cooperate in accordance with § 20 para. 3 of the

StJVG5, it is considered when the convicted person

a. prevents the conclusion of a treatment contract with the therapist due to their conduct,

b. fails to comply with the enforcement regulations of the office,

c. fails to adhere to the agreements made with the therapist,

d. fails to comply with the regulations of the measure enforcement institution,

e. refuses treatment.

2 In these cases, the enforcement of the measure will be discontinued after prior warning, and the measure will be revoked in the sense of Art. 62c para. 1 SCC or Art. 63a para. 2 lit. b SCC.26

Duty to Cooperate

1.10.24 - 126

23

Transfer

and Termination

331.1

Ordinance on the Enforcement of Sentences and Measures (JVV)

Art. 87: Prison Ordinance (JVV) Open official source

21, 30 1 For transfer from open to closed

execution of sentence, § 59 applies mutatis mutandis.

2 For the termination of the residential and work externate and electronic

monitoring, § 65 applies mutatis mutandis.

6. Section: Probation and Instructions, as well as Activity,

Contact and Area Ban37

Art. 88: Penal Enforcement Ordinance (PEO) Open official source

21.30 If the convicted person fails to appear for a scheduled appointment or their whereabouts are unknown, the Office may issue a warrant for their location and arrange for their police escort.

Duties of the

Part 3: Execution of Custodial Sentences and Stationary Measures in the Facilities of the Office

Section 1: Foundations

Art. 89: Regulation on Enforcement of Sentences (RES) Open official source

Convicted persons must comply with the enforcement regulations and the instructions of the enforcement institutions.

They must refrain from anything that endangers the orderly execution of the sentence and the realization of its purpose, as well as the maintenance of safety and order.

Separated

Art. 90: Ordinance on the Enforcement of Sentences (OES) Open official source

Women and men, as well as juveniles and adults, are accommodated separately in accordance with federal law.

Interactions of

Staff with

Convicted

Persons

Competence

Art. 91: Corrections Ordinance (JVV) Open official source

1. Staff working in an correctional facility shall interact with convicted persons courteously and objectively, and shall avoid behaviour that causes harm.

2. They are prohibited from entering into legal transactions with convicted persons, in particular from having work performed or services rendered by them.

Art. 92 : Ordinance on the Enforcement of Sentences (OES) Open official source

The management of the correctional facility issues orders regarding the execution of the sentence. Special orders from the referring authority are reserved where this Ordinance, the Concordat of the Eastern Swiss Cantons on the Execution of Sentences and Measures, or guidelines of the Eastern Swiss Penal Enforcement Commission33 provide for them17.

24

Penal Enforcement Ordinance (PEO)

2nd Section: Enforcement Plan

331.1

Art. 93: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 Preparation of an Enforcement Plan

The enforcement institution prepares an enforcement plan for the convicted person.

The enforcement plan defines the enforcement goals and contains information on accommodation and care in the enforcement institution, educational and vocational training and further education opportunities, reparation, relations with the outside world, and preparation for release.

**Content**

Art. 94: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

For the jurisdiction and procedure for the issuance of a competence-

enforcement plan, as well as its design, the guidelines of the objectives,

and the East Swiss Penitentiary Commission33 for enforcement planning17 apply.

procedure

Section 3: Execution of the Sentence

A. Admission

Art. 95: Prison Ordinance (PV) Open official source

1 Upon admission to a penal institution, convicted persons shall be informed of their rights and obligations in a language they understand. The relevant enforcement provisions of the penal institution shall be handed to them.

2 Upon their admission, convicted persons shall be given the opportunity to speak with the management or the social welfare service of the penal institution.

Information on

Rights and

Obligations;

Admission Interview

Art. 96: Prison Ordinance (JVV) Open official source

1. **Medical Examination**

The health status of convicted persons is clarified by medical professionals.

2. Convicted persons serving their sentence in the semi-custodial regime or transitioning to the work release stage are not medically examined. They have the option to consult a doctor themselves.

3. If there are well-founded doubts about the correctness of the medical certificate, the management of the correctional facility can order medical clarifications by a trusted doctor.

Art. 96a : Ordinance on the Enforcement of Sentences (OES) Open official source

30 1 Upon entering a correctional facility, the convicted person is photographed, and the necessary physical characteristics are recorded, namely height, weight, and eye color.

2 Upon entry or during the course of the stay, further biometric data may be collected for the internal identification of the convicted person.

3 The data shall be destroyed as soon as they are no longer required, at the latest upon the release of the convicted person.

Data Collection

1.10.24 - 126

25

331.1

Justice Enforcement Ordinance (JEO)

Art. 97: Prison Ordinance (JVV) Open official source

1 Convicted persons shall present all items they are carrying. The conduct of controls and searches shall be governed by Art. 85 para. 2 StGB11.

2 The personal effects and accommodation of the convicted person may be searched during the execution of the sentence

a. in case of suspicion of serious disciplinary offences or criminal acts;

b. for reasons of order and security.

Art. 98: Ordinance on the Execution of Sentences (OES) Open official source

1 Convicted persons are generally assigned a single cell or a single room. In open prison settings and in semi-custodial arrangements, as well as in the event of overcrowding in closed prison settings, incarcerated persons may be accommodated in multi-bed cells or rooms.

2 They may furnish their accommodation in a reasonable manner with their own belongings. Order and security must be ensured.

Art. 99 : Penal Enforcement Ordinance (PEO) Open official source

1. Cash that is confiscated from a convicted person upon entry or that they receive from third parties during their incarceration will be credited to an account administered by the correctional facility. The correctional facility releases the corresponding amounts for justified expenses in the interest of the convicted person. Upon release, it pays out the balance to the convicted person.

2. Paragraph 1 does not apply to convicted persons serving their sentence in semi-detention.

Art. 100: Ordinance on the Enforcement of Sentences (JVV) Open official source

1. Articles brought in or received during the enforcement of the sentence

may be seized for reasons of security, peace and order,

as well as health and hygiene.

2. The articles shall be properly inventoried, stored and

returned upon release or transferred with the person upon relocation to another

penal institution.

3. Excessively bulky luggage or articles whose storage

causes special effort may be rejected

or stored at the expense of the convicted person. Effects

may be realized for the benefit of the convicted person if

they do not arrange for them to be stored elsewhere or if they are unwilling or unable to pay the costs

for storage. Unsaleable articles shall be destroyed.

26

Enforcement of Sentences Ordinance (JVV)

331.1

Art. 101: Prison Ordinance (PVO) Open official source

Convicted persons in ordinary imprisonment and in the execution of custodial measures must surrender identity documents such as passports, identity cards, and driving licences to the enforcement institution. The Office may stipulate exceptions and also order the surrender of documents in other forms of enforcement. For storage and return, § 100 para. 2 applies.

Art. 102 : Enforcement Ordinance (JVV) Open official source

Valuables of a person who is on the run, Realization of

will be realized in their favor five years after the escape, the remaining effects one year after the escape. If realization is not possible, they will be destroyed.

Ten years after the escape, the credit, together with any balances according to § 99, will be transferred to a fund or foundation for the support of prisoners or released persons.

**B. Education, Work, Enforcement Costs and Personal Expenses 33**

Art. 103: Penal Enforcement Ordinance (PEO) Open official source

Work Obligation and School Attendance in Closed and Open Sanction and Measures Enforcement

In closed and open sanction and measures enforcement, convicted persons are obliged to perform the work assigned to them. When assigning work, their abilities are taken into account as far as possible and reasonable.

School attendance and attendance at training and continuing education events are mandatory for convicted persons who are completing a vocational apprenticeship or a basic vocational training with a certificate, or for whom this is provided for in the enforcement plan.

Art. 104: Prison Ordinance (JVV) Open official source

Approach, Assessment, Use, and Disbursement of Wages

Wages are governed by the guidelines of the East Switzerland Penal Enforcement Commission regarding wages.33

For convicted persons who are available to the enforcement facilities for only a part of the working time, wages will be appropriately reduced. With sufficient qualification, at least the minimum rate will be paid.

No allowances are paid for work on weekends and public holidays, for ordered overtime, or for cell work during leisure time.33

For convicted persons in the Uitikon Measures Centre, special regulations will be issued by the Office. These must be approved by the Head of the Department of Justice and Home Affairs.

1.10.24 - 126

27

331.1 Penal Enforcement Ordinance (JVV)

Disbursement

of Credit

a. in case of escape

b. in case of impracticality of

deportation

Enforcement Costs

and Personal

Expenses

Meals,

Medicines, and

Luxury Goods

Outdoor

Stay

Health

Care and

Personal Hygiene

Art. 105: Prison Ordinance (JVO) Open official source

33 Credited earnings of escaped persons shall, after the expiry of five years from the escape, accrue to a fund or foundation for the support of prisoners and released persons.

Art. 105a : Prisons Ordinance Open official source

32 1. Earned wages credited to persons who have been expelled from Switzerland but whose removal is impracticable will be transferred to the authority responsible for their accommodation and care.

**2. This authority will be designated by the Migration Office.**

Art. 105b : Ordinance on Penal Enforcement (JVV) Open official source

32 The cost bearers for enforcement costs and personal expenses, specifically the delineation of these costs, are governed by the guidelines of the East Switzerland Penal Enforcement Commission regarding the cost bearers for enforcement costs and personal expenses.

C. Health and Care

Art. 106: Penal Enforcement Ordinance (PEO) Open official source

1. Convicted persons receive sufficient and healthy food, the composition of which takes into account their religious affiliation. Special dietary food and additional meals are only provided upon instruction from the prison doctor.

2. Convicted persons may only possess and consume medications approved or prescribed by the doctor of the correctional facility. Convicted persons serving their sentence in semi-detention or external work programs must present a medical certificate for medications.

3. The possession, consumption of, and trade in alcoholic beverages, non-prescribed medications, as well as narcotics or similar psychoactive substances, is prohibited. The correctional facility arranges for the necessary controls.

Art. 107 : Prison Ordinance Open official source

Convicted persons shall be granted the opportunity for at least one hour of outdoor recreation daily.

Art. 108: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 The enforcement institution ensures the physical and mental health of convicted persons. To avoid health risks, medical or psychiatric examinations and clarifications may be arranged.

2 Convicted persons are obliged to maintain regular personal hygiene.

28

Justice Enforcement Ordinance (JEV)

331.1

Art. 109: Penal Enforcement Ordinance (PEO) Open official source

1. Medical Care for Convicted Persons in Normal Imprisonment and Dental Care

1 Medical care for convicted persons in normal imprisonment is provided by the physician of the correctional facility. If there are significant grounds for their refusal, the substitute physician or other physicians designated by the management of the correctional facility shall be called upon.

2 Convicted persons must comply with medical instructions. The management of the correctional facility may order clarifications by a trusted physician.

3 Dental treatment for convicted persons in normal imprisonment is provided only in urgent cases. More extensive treatment may be approved at the expense of the convicted person or upon presentation of a cost guarantee from their health insurance or the welfare authority responsible under social assistance law. The correctional facility designates the dentist.

4 Convicted persons serving their sentence in semi-detention or in external work arrangements may, at their own expense, consult a physician of their choice.

Art. 110: Prison Ordinance (JVV) Open official source

1. **Clinic or Hospital Admission Required by Health Condition**

If the health condition of a convicted person requires their transfer to a hospital or clinic for inpatient treatment, the enforcement institution must obtain the prior consent of the referring authority. In urgent cases, the transfer is arranged by the management of the enforcement institution, with simultaneous notification of the referring authority.

2. For persons posing a risk of escape or a danger to the public, guarding must be ensured.

Art. 111: Ordinance on the Execution of Sentences (JVV) Open official source

20 1 If, in connection with a necessary outpatient or inpatient treatment, costs related to the execution of the sentence are incurred, these costs shall be borne by the correctional facility. Costs related to the execution of the sentence include, in particular

a. Costs for a guard in accordance with Art. 110 para. 2,

b. Costs that are directly connected with the execution of the criminal or measure sentence or are caused by it.

2 The costs for the necessary outpatient or inpatient treatment as such shall be borne by the convicted person or the authority responsible under social welfare law, provided that the health insurance or the accident insurance of the convicted person does not cover the treatment costs.

3 Further medical treatments as well as the procurement of glasses, prostheses and the like shall only be carried out if the convicted person assumes the costs or if a cost guarantee from their health insurance or the authority responsible under social welfare law is provided.

4 The necessary cost guarantees shall be obtained in advance by the correctional facility or the treating institution from the convicted person’s health insurance and from the authority responsible under social welfare law or, if the convicted person was admitted from another canton, from the admitting authority. In urgent cases, treatment shall be ordered without a cost guarantee. The subsequent cost guarantee shall be obtained as quickly as possible.

5 If convicted persons residing in the canton must be accommodated in an out-of-canton clinic, the Department of Health shall bear the resulting additional costs.

Art. 113 : Prison Ordinance (JVO) Open official source

1 Convicted persons have access to the care or educational specialists and the approved prison chaplains for their personal, economic, social and pastoral concerns. For this purpose, services not belonging to the institution may also be engaged. Their staff members may interact with the convicted persons unsupervised.

2 If the privilege of unsupervised contact has been abused or if there are concrete indications of a future abuse,

a. supervision may be ordered,

b. the staff member concerned may be temporarily or permanently excluded from care and pastoral activities,

c. the impending or further abuse may be counteracted with other proportionate measures.

Leisure activities and use of media

D. Leisure and contacts with the outside world

Art. 114: Prison Ordinance (JVV) Open official source

1 Convicted persons are afforded meaningful leisure activities,

within the limits of the personnel and infrastructural capacities of the correctional facilities.

30

Prison and Probation Ordinance (JVV)

331.1

2 They may use books, newspapers, magazines, as well as televisions

and radios, audio playback devices, and ICT devices in their cell or

room. These may be checked at any time.37

3 The procurement, possession, and dissemination of the following are

prohibited

a.

books, newspapers, and other media or data carriers, the content

of which contravenes legal provisions,

b.

books, newspapers, and other media or data carriers which

jeopardize the security of the correctional facility,

c.

image and sound recording devices,

d.37 devices used for connection with other ICT devices or with the

outside world.

4 The correctional facility decides on the admission and number of

electronic devices. It may restrict the use of television sets to

common rooms.

Art. 114a: Ordinance on the Enforcement of Sentences (JVV) Open official source

36 1 The correctional institution may issue ICT devices pursuant to Section 114 Devices with

para. 3 lit. d,

a. that serve to connect with other ICT devices and to electronically

facilitate contact between the institution and the convicted person,

b. that enable access to the internal services it provides,

c. whose functions serve to connect with the outside world.

2 It may restrict, control, and monitor their use. Data may be recorded.

3 In cases of misuse and violations of the security and order of the

correctional institution, it may restrict or prohibit the possession and use of the

devices.

Connection to

other ICT

devices or

to the outside world

Art. 115: Corrections Ordinance (JVV) Open official source

1 Correspondence

The receipt and dispatch of letters and other mail is not restricted, unless the necessary control is significantly impeded or made impossible by the number, volume, or language.

2 Letters and other mail, the content of which violates legal provisions or endangers the purpose of execution or security, will not be forwarded; the sender will be informed accordingly.

3 If no unlawful content is suspected, the control of incoming and outgoing correspondence may be limited to random samples.

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Telephone

Ordinance on the Enforcement of Sentences and Measures (JVV)

Art. 116: Prison Ordinance (JVV) Open official source

1 Convicted persons may be permitted to use the tele-

phone at their own expense. Volume discounts granted to the enforcement

facilities on telephone calls made by convicted persons may be credited to a

fund or a foundation for the support of prisoners or former

prisoners.

2 Telephone conversations may be monitored or recorded.

Visits

Exclusion of

visitors

Control and

handover of

objects

3 Sections 115(2) and (3) apply mutatis mutandis.

Art. 117 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1. Convicted persons may receive visits for at least one hour per week. This contact may be limited to two visits per month if the visiting time is extended accordingly.

2. Additional visits may be permitted to support the rehabilitation or educational development of the convicted person.

3. Spouses, registered partners, life partners, and children may be allowed longer visits if

a. the convicted person cannot be granted leave and

b. the necessary personnel and spatial conditions are met.

4. Visits are not monitored unless abuse is to be feared. In case of a risk of abuse, visits may be monitored acoustically and visually or conducted in a room with a partition screen.

Art. 118: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1. Persons whose contact with the convicted person significantly jeopardizes the purpose of the sentence shall not be admitted for visits.

2. Persons who have repeatedly violated the visiting regulations or otherwise significantly jeopardize the security and order of the correctional facility may be excluded from visits for up to three months, or permanently in cases of repeated violations. Spouses, registered partners, life partners, children, parents, and siblings may not be permanently excluded from visits.

Art. 119: Prison Ordinance (PCO) Open official source

1 The admission of visitors may be made dependent on the controls required for the maintenance of order and security. In the case of women, female personnel will be used for searches.

Justice Enforcement Ordinance (JVV) 331.1

2 Visitors shall identify themselves with an official identity document that allows for unambiguous identification.

3 They may not hand over or receive any documents, cash, or other items to or from convicted persons without prior authorization.

Art. 120 : Prison Ordinance (PVO) Open official source

Convicted persons in semi-detention or on external work assignments cannot be visited in the correctional facility. Visits in Semi-Detention or on External Work Assignments

Art. 121: Ordinance on the Execution of Sentences (OES) Open official source

1. **Privileged Contacts**

Subject to the institutional regulations, free communication with convicted persons shall be granted to

a. the guardian,

b. the assistant pursuant to Art. 398 CC10,

c. the person mandated by an effective lasting power of attorney,

d. persons resident in Switzerland who are obliged to maintain professional or official secrecy,

e. Swiss public officials,

f. consular representations.

2. Visits by these persons shall not be monitored, shall be conducted in rooms without a separating screen, and shall not be subject to any time limit, insofar as the availability of visiting rooms permits.

3. A substantive review of correspondence with legal counsel or the supervisory authority is not permitted. Conversations or telephone contacts with legal counsel or the supervisory authority may not be overheard.

4. If the contact privileges pursuant to paras. 1–3 have been abused or if there are concrete indications of future abuse, the penal institution may

a. order control of the contact or

b. temporarily or permanently exclude the privileged person concerned from contact with convicted persons or

c. counter the impending or further abuse with other proportionate measures.

**E. Security**

Art. 122 : Ordinance on the Enforcement of Sentences (OES) Open official source

1 The enforcement institutions shall issue the regulations necessary for security.

security measures

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331.1 Penitentiary Ordinance (JVV)

2 They shall regulate in particular

a. access authorization,

b. the controls of personnel, convicted persons, and visitors, as well as the movement of goods, and

c. the conduct of personnel and convicted persons in the event of special occurrences.

3 Due to risk of escape or to prevent danger to visitors, employees, fellow inmates, and the property of third parties, the rights granted to convicted persons and visitors under this Ordinance may be generally restricted in individual cases, either permanently or temporarily.

4 Such restrictions shall be made by the Director of the enforcement institution in consultation with the Head of the Office.

Weapons

Art. 123: Penal Enforcement Ordinance (PEO) Open official source

1 The director of a closed penal institution may order that suitable and trained in-house security personnel may carry a weapon in individual cases for special official duties.

2 Other persons are prohibited from carrying and storing weapons on the premises of the penal institution. Special regulations for members of the police remain reserved.

Mobile Phones

Art. 124: Prison and Correctional Ordinance (PCO) Open official source

The director of a closed correctional facility may generally prohibit or restrict the use of mobile phones on the premises of the correctional facility for security reasons.

Art. 126: Prisons and Correctional Institutions Ordinance (JVV) Open official source

The head office, together with the directors of the correctional facilities, issues operating or house rules. These must be approved by the Head of the Department of Justice and Home Affairs.

Content

Art. 127: Penal Enforcement Ordinance (PEO) Open official source

To the extent required by the respective form of execution,

the house rules shall regulate, in particular, the following matters

a. the admission procedure and the control of personal effects

and valuables, as well as their possession in cells or rooms

or their safekeeping,

Prison and Detention Ordinance (JVV)

b. accommodation and clothing,

c. cell or room inventory,

d. the daily schedule, meal times, work and training

hours, and leisure time, as well as freedom of movement within the correctional

facility,

e. the determination and use of work remuneration or wages,

as well as the maximum amounts of cash

paid out and the minimum balances reserved for special use,

f. the possession of cash,

g. the acquisition, possession, and use of books, magazines,

electronic devices, and the rental of electronic devices,

h. the purchase of items for personal use,

i. the receipt and scope of gifts from third parties,

j. legal transactions among convicted persons,

k. health care and smoking,

l. sports or other leisure activities,

m. doctor's, dentist's, and psychiatrist's visits, as well as pastoral care,

n. visitation procedures and the use of the telephone,

o. leaving the institution for external employment and

the use of work remuneration.

4. Part: Pre-trial detention and security detention as well as extradition detention

Art. 128: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 Execution of Investigative and Security Detention – Applicable Provisions

Investigative and security detention shall be carried out in accordance with the provisions of Part 3, Sections 1 and 3, unless otherwise provided hereinafter.

2 Extradition detention shall be carried out in accordance with the provisions governing investigative and security detention, unless the referring authority issues different regulations.

Art. 129: Prison Ordinance (JVV) Open official source

1 Admission to and

Release from Pre-trial

and Security Detention

Admission to and release from pre-trial and security detention shall take place upon an order26 from

a. the case management in accordance with Art. 6131 CCP,

b. the compulsory measures court,

c. the Office.

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Ordinance on the Execution of Sentences and Measures (JVV)

2 Admission to and release from extradition detention shall take place based on an extradition arrest warrant issued by the Federal Office of Justice.

3 The Office shall decide in which prison the pre-trial and security detention as well as extradition detention shall be served.35

Art. 130 : Penitentiary Ordinance (PCO) Open official source

1 Detained persons may be placed in solitary confinement37

a. by the head of the proceedings in accordance with Art. 61 CCP14, if the purpose of the investigation requires it,

b. by the authority, if they endanger themselves or third parties or significantly disrupt the security and order of the prison.

2 In solitary confinement, detained persons work alone and spend their leisure time in their cell. During outdoor recreation, they are prohibited from contacting other detainees.

Art. 131: Penal Enforcement Ordinance (PEO) Open official source

33 1 Detained persons are not obliged to work.

2 With their consent, work may be assigned to them. For this work, they shall receive remuneration in accordance with the guidelines of the East Switzerland Prison Commission on work remuneration.

3 If a detained person willing to work is unable to work for health reasons or due to lack of work, they shall receive the minimum rate set out in the guidelines17, but not more than they previously received.

4 Detained persons may engage in self-employment, provided they carry out this activity in their cell. Self-employment does not entitle them to additional contact with persons inside or outside the prison.

Art. 132: Prison Ordinance (JVV) Open official source

1 The prisons shall maintain an account for each detained person, to

which the cash on entry, work remuneration, and amounts received

during detention shall be credited.

2 Detained persons may use the amounts credited to them for purchases

and other expenses during detention, provided that a minimum balance

stipulated by the house rules is not fallen below; this balance shall be

retained until release for the coverage of damages. With their consent

or upon order of the competent debt collection office or court33,

payments to third parties may also be made.

Justizvollzugsverordnung (JVV)

331.1

Art. 133 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

26 Social Counseling

1 Detained persons may request social counseling for the treatment of personal problems related to their detention or in preparation for release.

2 Contacts within the framework of social counseling shall take place unsupervised, subject to Article 121, paragraph 4. If contacts are to be established between the detained person and third parties, the consent of the case management in accordance with Article 6131 of the Criminal Procedure Code must be obtained. Specific orders from case management remain reserved.

3 The competent law enforcement authority and the court's case management in accordance with Article 6131 of the Criminal Procedure Code shall provide information on important social problems.

Art. 134: Prison Ordinance (JVV) Open official source

1. Control of Correspondence and Communication with the Outside World

a. Letters,

The prosecuting authority controls correspondence and other mail. To secure the purpose of the investigation, it may issue restrictive orders or completely prohibit correspondence with certain persons, excluding close relatives. The prosecuting authority may delegate the control entirely or partially to the prison.

2. Incarcerated persons are not permitted to use telephone communication within the correctional facility. The Office may permit telephone communication in certain correctional facilities or departments thereof.

3. Functions of ICT devices with connection to the outside world according to

Art. 135: Penal Enforcement Ordinance (PEO) Open official source

1 Detained persons may be visited at least once per week.

2 Visits are only permitted with the authorization of the case management in accordance with

Art. 136 : Prison Ordinance (JVO) Open official source

22 The Right to Privileged Contacts and Visits without c. Privileged

Supervision according to § 121 is only granted to

a. the admitted legal representative,

b. the guardian,

c. the assistant according to Art. 398 ZGB10,

Contacts

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331.1

Ordinance on the Execution of Sentences and Measures (JVV)

d. the person entrusted by an effective lasting power of attorney,

e. Swiss public officials,

f. consular representations.

Applicable

Provisions

Admission,

Release

and Transfer

Accommodation

Work

Part 5: Police Detention32

Art. 136a: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

32 The execution of police detention shall be carried out in accordance with the provisions of Part 3, Sections 1 and 3, unless otherwise provided hereinafter.

Art. 136b: Prison Ordinance (JVV) Open official source

32 1 Admission to a police detention facility is based on

a. a police arrest report or a police transport order,

b. an arrest warrant or a summons to appear issued by a competent

authority,

c. an order from the Office,

d. an order from an authority competent for administrative detention or

a legally authorized person.

2 The Office decides in which prison police detention will be carried out.

3 Release or transfer takes place based on an order from the authority

competent in the specific case.

4 The stay in a police detention facility may not exceed one week. After

that, the detained persons are transferred by the competent authority

to another correctional facility.

Art. 136c : Prison Ordinance (JVO) Open official source

37 1 Inmates are generally accommodated in double cells.

2 They may be accommodated individually if they endanger themselves or third parties, or significantly disrupt the security and order of the prison.

3 Women and men, as well as juveniles and adults, are accommodated separately.

**Art. 136d : Prison System Ordinance (PSO)** Open official source

32 1 Detained persons are neither obliged to work nor are they assigned work.

38

Prison Ordinance (JVV)

331.1

They may engage in self-employment if they perform this activity in their cell. Self-employment does not give rise to any claim for additional contacts with persons inside and outside the prison.

Art. 136e : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

32 1 Prisoner Accounts

The prisons shall maintain a prisoner account for each incarcerated person. This account shall be credited with any cash possessed at the time of entry and any amounts received during the period of detention.

2 Incarcerated persons may use the amounts credited to them for expenses incurred during detention.

3 Payments to third parties may be made with their consent or upon order of the competent debt collection office or court.

4 Upon the incarcerated person's release, the office may use the credit balance to cover costs for the rectification of damages caused intentionally or negligently.

Art. 136f : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

32 1 For social counselling, § 133 applies *mutatis mutandis*.

2 If contacts are to be established between the detained person and third parties, the consent of the authority responsible for the detained person must be obtained.

Social Counselling

Art. 136g : Corrections Ordinance (JVV) Open official source

32 1 For communication with the outside world, §§ 134ff. apply *mutatis mutandis*.

2 The authority responsible for the detained person is responsible for the approval, control, and related orders.

Communication with the Outside World

Art. 136h : Penal Enforcement Ordinance (PEO) Open official source

32 The disciplinary law of the penal system is applicable mutatis mutandis. Disciplinary matters

6.33 Part: Preparatory, deportation and enforcement detention20

Art. 137: Prison Ordinance (JVV) Open official source

20 The execution of preparatory, deportation, and applicable

enforcement detention shall be carried out according to the provisions of Part 3, Sections 1 and 3, unless otherwise provided hereinafter.

Art. 138 : Prison Ordinance (JVV) Open official source

31 Admission to and Discharge from the Enforcement Institution

Admission to and discharge from the enforcement institution shall take place upon written order of the authority responsible therefor according to the AIG and cantonal regulations.

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**331.1 Justice Enforcement Ordinance (JVV)**

Separation from

other Types of

Detention

Accommodation

Community and

Solitary Confinement

Work Offer and

Work Obligation

Art. 139: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

31 Execution takes place separately from detention pending investigation, security detention, and extradition detention, and from the enforcement of prison sentences or measures. Article 81 para. 2 sentence 2 AIG remains reserved.

Art. 140 : Prison Ordinance (PO) Open official source

31 1 Detained persons shall, if possible, be assigned a single cell. Reserved is the joint accommodation of infants and young children with their mothers or fathers, of family members of the same sex, of spouses, of registered partners, and of life partners.

2 Otherwise, women and men shall be accommodated separately. The house rules shall regulate the extent to which female and male members of the same family may spend their free time together.

Art. 141 : Corrections Ordinance (JVV) Open official source

1 Incarcerated persons work together and may also spend their leisure time together within the framework of the house rules, as soon as the necessary clarifications for their allocation to a group have been made and space is available. They spend time outdoors together.

2 They may be accommodated individually if they endanger themselves or third parties, or significantly disrupt the communal operation.37

3 Incarcerated persons who do not work in a community or are not accommodated in a group may spend three hours daily with other incarcerated persons outside their cell on weekdays. If the time spent outdoors or physical activity occurs in groups, this time shall be counted towards the total.

4 The house rules regulate the extent to which certain groups of incarcerated persons are permitted to prepare their own food.

Art. 142: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 Detained persons shall be given the opportunity to perform remunerated work, insofar as the work available allows. The calculation of the remuneration shall be the same as for persons in pre-trial detention and security detention.

2 If the work available is insufficient, detained persons shall be offered other meaningful activities.

3 With the exception of participation in work necessary for catering and cleaning, detained persons are not obliged to work.

40

Ordinance on the Execution of Sentences (JVV)

331.1

Art. 143: Penitentiary Ordinance (JVV) Open official source

The detained persons are entitled to self-employment. The chosen work is to be performed in the cell.

Self-employment

Art. 144: Prison Ordinance (JVV) Open official source

1 The enforcement institution maintains a remuneration account for each

detained person, to which the cash on hand at the time of entry, the work

remuneration, and any amounts received during detention are credited.

Use of

Remuneration

2 From the credit balance, a minimum amount is withheld until release for the

coverage of damages. Otherwise, detained persons may freely dispose of their

accounts. With their consent or upon order of the competent debt enforcement

office or court,33 payments may also be made to third parties.

3 The credit balance is paid out to the detained persons upon their release.

Costs of

Admission to

Hospital or

Institution

Art. 145: Enforcement Ordinance (JVV) Open official source

1 The referring authority is responsible for ensuring that a cost guarantee is obtained from the welfare authority with jurisdiction before admission to a hospital or clinic, and in urgent clinic cases, no later than within 30 days. Costs not covered by this guarantee will be charged to the referring authority.

2 If incarcerated persons with domicile in the canton must be accommodated in an out-of-canton clinic, the Directorate of Health shall bear the additional costs incurred as a result.

Art. 146: Prison System Ordinance (PSO) Open official source

1. Detained persons may be attended to by doctors whom they consulted prior to detention, provided that payment for their services is secured.

2. Treatment shall take place within the correctional facility.

3. Prescribed medications shall be dispensed by staff after approval by the prison doctor.

Art. 147: Prison Ordinance (PCO) Open official source

1 Social counselling

Detained persons may request social counselling for the treatment of personal problems in connection with their detention or the preparation of their removal.

2 The prison management informs the competent authority if a detained person requires social counselling.

3 Upon request of the detained persons, they shall be given contact with support organizations not belonging to the judicial enforcement system. Visits by staff members of such organizations are not subject to time restrictions, provided that the occupancy of the visiting rooms allows it.

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331.1 Ordinance on the Enforcement of Sentences and Measures (JVV)

Communication with the outside world

a. Letters

b. Telephone

c. Visits

d. Privileged contacts

e. Presentation31

Art. 148: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 Detained persons may send and receive letters at their own expense without any restriction on scope.

2 Letters must not contain any inadmissible items. Such items shall be removed in the presence of the detained person and placed with their effects.

Art. 149: Prison Ordinance (PrO) Open official source

1 Detained persons have the possibility to make telephone calls at their

own expense.

2 If there are concrete indications that telephone calls endanger security

or the purpose of detention, or are misused for aiding escape, telephone communication

with certain persons may be temporarily excluded or restricted to certain persons.

Art. 150: Prison Ordinance (JVV) Open official source

1 Detained persons may be visited subject to the availability of visitation rooms. The visiting time shall be at least one hour per week.

**2 Visitors must obtain a visiting permit from the prison management. This may be granted generally.**

**3 Visits are not monitored. The identity of visitors is recorded.**

Art. 150a : Ordinance on the Execution of Sentences (JVV) Open official source

30 In addition to Article 121 paragraph 1, contacts with non-legal representatives within the meaning of Article 81 paragraph 1 sentence 2 AIG in conjunction with Article 6 paragraphs 1 and 2 of the Ordinance on the Enforcement of Coercive Measures under Aliens Law of 4 December 19964 are also privileged with detained persons.

Art. 151: Prison Ordinance (JVV) Open official source

1 The assigning authority may grant leave from the penal institution for

a. contact with seriously ill relatives,

b. participation in the funeral of relatives,

c. matters that can only be handled in person.

2 It shall ensure the necessary escort.

Art. 151a: Prisons Ordinance (JVV) Open official source

32 The disciplinary law of the penal system applies *mutatis mutandis*.

Purpose

7.33 Part: Disciplinary System

Art. 152 : Penal Enforcement Ordinance (PEO) Open official source

The disciplinary system serves to maintain order and security in correctional facilities.

42

Prison and Correctional Ordinance (JVV)

§§ 153-155.21

331.1

Art. 156: Prison Ordinance (JVV) Open official source

1 Items used in the commission of disciplinary offenses will be seized. They will be placed with the effects if ownership can be determined.

2 If ownership cannot be determined, or if the items endanger the safety and order of the penal institution, they will be utilized or destroyed. The proceeds from utilization will be allocated to a fund for the support of prisoners or ex-offenders.

§§ 157 and 158.21

Art. 159 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

Provisional Transfer

In cases of disciplinary offenses that significantly or repeatedly disrupt the safe or orderly operation of the correctional institution, a provisional transfer until the decision of the committing authority in the sense of §§ 54, 57, 59 or 65 can be ordered with the disciplinary decision in urgent cases, specifically

a. from open prison to closed prison,

b. from semi-detention or work release to open or closed prison.

a. Fine

Art. 160: Ordinance on the Enforcement of Sentences (JVV) Open official source

### Disciplinary Measures

1 Fines imposed on incarcerated individuals in open or full custody (closed custody) are drawn from the portion of their wages intended for cash withdrawals or purchases. Until the fine is fully paid, the convicted person will not receive any cash payments, subject to the necessary minimum amount for covering essential expenses and purchasing urgently required items.

2 Disciplinary fines are allocated to a fund for the support of prisoners or released individuals.

Art. 161: Prison and Correctional Ordinance (PCO) Open official source

1. **Arrest**

The arrest is executed in the designated cells of the correctional facility, which contain only a sleeping surface and the indispensable sanitary facilities. The cell may only be left for outdoor recreation.

2. During the arrest, the detained person remains excluded from work, leisure activities, events, and shopping. They are not permitted to smoke in the cell and receive neither visits nor leave. They receive a limited selection of reading material and may neither write nor receive letters. Communication with authorities and legal counsel remains reserved.

3. The management of the correctional facility may provide for relaxations during the execution of the arrest. If special reasons, particularly of a health nature, require it, the arrest may be executed in a standard cell with reduced equipment.

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331.1 Correctional Ordinance (JVV)

c. Transfer for the execution of the arrest

Competence for disciplinary decisions

Disciplinary procedure

Applicable law

Art. 162 : Penal Enforcement Ordinance (PEO) Open official source

For the execution of the arrest, convicted persons

in semi-detention, work release, or the execution of measures

for young adults may be transferred to an institution serving

closed custody.

Art. 163 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 For the imposition of disciplinary measures, the managements of the correctional facilities are responsible.

2 Arrest for more than five days and provisional transfer in accordance with § 159 are ordered by the head of department responsible for the correctional facility.

3 If there is danger in delay, the management of the correctional facility may order the provisional transfer in accordance with § 159. They shall immediately obtain the consent of the competent head of department.

Art. 164: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 After clarification of the facts, the detained person shall be given the opportunity to comment. The facts and the statement shall be recorded in writing.

2 The disciplinary decision shall be based on a comprehensive assessment, in particular of the objective severity of the disciplinary offense, the previous conduct during enforcement, and the motives. The measure shall be proportionate to the disciplinary offense committed and suitable to prevent future violations of institutional discipline.

3 The disciplinary decision, with a brief statement of reasons and information on legal remedies, shall be communicated in writing and explained to the detained person in an understandable language. In cases of temporal urgency, the decision shall be communicated orally and confirmed in writing as soon as possible.

4 With the exception of minor cases within the meaning of § 23b para. 4 StJVG5, the committing authority shall be notified of disciplinary offenses.20

Art. 165 : Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

1 When assessing disciplinary offenses, the provisions of the General Part of the Criminal Code shall apply mutatis mutandis.

2 Unless otherwise provided in the provisions of this section, the guidelines of the East Swiss Penal Enforcement Commission33 for disciplinary law in the Concordat Institutions17 shall apply.

44

Prison and Probation Ordinance (JVV)

331.1

Art. 166: Ordinance on the Enforcement of Sentences (OES) Open official source

1 The prosecution of a disciplinary offense is time-barred six

months after its commission. The statute of limitations is suspended during an escape.

2 The disciplinary offense can no longer be sanctioned if

one year has elapsed since its commission.

3 The enforcement of a disciplinary measure is time-barred after six months.

8.33 Part: Legal Remedies and Final Provisions

Art. 167: Prison Ordinance (JVV) Open official source

18 Appeals against Orders of the Office and its Main Divisions

Orders issued by the Office and its main divisions may be challenged by way of appeal in accordance with Sections 19 et seq. of the Administrative Justice Act of May 24, 1959.

Art. 168 : Prison Ordinance (JVV) Open official source

For the testing of new forms of enforcement and for experimental deviations

aimed at the further development of the correctional system, the Directorate for

Correctional Services and Internal Affairs may approve temporary deviations from this

Ordinance. The rights of convicted or incarcerated individuals may not be curtailed

beyond the limitations already formulated in this Ordinance.

Art. 170: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

This Ordinance shall enter into force on 1 January 2007.

Entry into Force

1 OS 61, 546; For reasons, see ABI 2006, 1771.

2 LS 175.2.

3 LS 211.1.

4 LS 211.56.

5 LS 331.

6 LS 334.

7 LS 551.1.

8 SR 120.

9 SR 142.20.

10 SR 210.

11 SR 311.0.

12 SR 311.01.

13 SR 311.1.

14 SR 312.0.

15 SR 312.1.

16 SR 0.103.3.

1.10.24 - 126

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331.1

Penal Enforcement Ordinance (PEO)

17 Guidelines available for inspection at www.justizvollzug.zh.ch.

18 Version according to Government Council Resolution (RRB) of 26 May 2010 (OS 65, 342; ABI 2010, 1187). In force since 1 July 2010.

19 Inserted by RRB of 3 November 2010 (OS 65, 789; ABI 2010, 2429). In force since 1 January 2011.

20 Version according to RRB of 3 November 2010 (OS 65, 789; ABI 2010, 2429). In force since 1 January 2011.

21 Repealed by RRB of 3 November 2010 (OS 65, 789; ABI 2010, 2429). In force since 1 January 2011.

22 Version according to RRB of 7 November 2012 (OS 67, 603; ABI 2012-11-16). In force since 1 January 2013.

23 Inserted by RRB of 19 March 2014 (OS 69, 123; ABI 2014-03-28). In force since 1 April 2014.

24 Version according to RRB of 19 March 2014 (OS 69, 123; ABI 2014-03-28). In force since 1 April 2014.

25 Inserted by RRB of 6 December 2017 (OS 72, 682; ABI 2017-12-15). In force since 1 January 2018.

26 Version according to RRB of 6 December 2017 (OS 72, 682; ABI 2017-12-15). In force since 1 January 2018.

27 Repealed by RRB of 6 December 2017 (OS 72, 682; ABI 2017-12-15). In force since 1 January 2018.

28 Inserted by RRB of 12 February 2020 (OS 75, 78; ABI 2020-02-21). In force since 1 April 2020.

29 Version according to RRB of 12 February 2020 (OS 75, 78; ABI 2020-02-21). In force since 1 April 2020.

30 Inserted by RRB of 21 April 2021 (OS 76, 201; ABI 2021-04-30). In force since 1 July 2021.

31 Version according to RRB of 21 April 2021 (OS 76, 201; ABI 2021-04-30). In force since 1 July 2021.

32 Inserted by RRB of 12 January 2022 (OS 77, 167; ABI 2022-01-28). In force since 1 April 2022.

33 Version according to RRB of 12 January 2022 (OS 77, 167; ABI 2022-01-28). In force since 1 April 2022.

34 Repealed by RRB of 12 January 2022 (OS 77, 167; ABI 2022-01-28). In force since 1 April 2022.

35 Inserted by RRB of 31 August 2022 (OS 77, 532; ABI 2022-09-09). In force since 1 January 2023.

36 Inserted by RRB of 10 January 2024 (OS 79, 53; ABI 2024-01-19). In force since 1 April 2024.

37 Version according to RRB of 10 January 2024 (OS 79, 53; ABI 2024-01-19). In force since 1 April 2024.

38 Version according to RRB of 12 June 2024 (OS 79, 314; ABI 2024-06-28). In force since 1 October 2024.

46

Art. 236: Ordinance on the Enforcement of Sentences and Measures (JVV) Open official source

StPO14 is the execution of an unconditional custodial sentence or

the unconditional part of a partially suspended custodial sentence, as well as a

therapeutic measure, before a final and enforceable judgment is available.20

2 With the entry into force of the judgment's enforceability, ordinary execution begins.

Art. 439 : Prison Ordinance (JVO) Open official source

StPO14. If special circumstances justify it, a postponement may be granted.

3 The enforcement regulations definitively establish the therapeutic concept for the convicted person. This person must comply with the operating rules of the correctional institution.

4 The correctional institution is obliged to

a. lawful and offense- and problem-oriented implementation of the measure according to its therapeutic concept,

b. orientation of the measure towards relapse prevention,

c. reporting to the office.

Art. 6131 : Prison System Ordinance (JVV) Open official source

StPO permissible. This can impose conditions in the event of

collusion risk, order the monitoring or recording of conversations,

and exclude certain individuals from visits.26

3 Spouses, registered partners, life partners, children, parents, or

siblings may not be permanently excluded from visits.

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