Ordinance on the Enforcement of Sentences and Measures (Strafvollzugsverordnung, SMV) - Scope (SMV)

1. This regulation governs the enforcement of criminal sanctions against adults.

2. Insofar as no divergent provisions are enacted for juvenile criminal justice, the provisions of this regulation shall apply mutatis mutandis to the enforcement of criminal sanctions and protective measures against juveniles.

3. The provisions of this regulation shall apply mutatis mutandis to persons in pre-trial or security detention, insofar as this is compatible with the purpose of the detention and the criminal procedure law does not contain divergent provisions.

4. The provisions of federal law on the enforcement of sentences and measures, as well as the regulations of the Concordat of the Cantons of Northwestern and Central Switzerland on the enforcement of sentences and measures dated May 5, 2006, remain reserved. Other enactments by the Concordat Conference of the Penal Enforcement Concordat of Northwestern and Central Switzerland, as well as the decisions and recommendations of international organizational bodies, are utilized for interpretation.

1. The Governing Council is responsible for the promotion of the initial, further, and continuing education of personnel employed in the execution of sentences and measures, within the guidelines of the penal execution concordat. For this purpose, it may enter into agreements with other cantons and third parties regarding the joint operation of educational institutions or joint educational programs.

1. The Office for Corrections (AJV) is the enforcement authority responsible for the execution of sentences and measures, as well as the execution of other measures, unless another authority is explicitly designated as responsible for them.

2. Within its area of responsibility, the AJV is notably responsible for

a) the summoning and admission of convicted persons,

b) decisions on transfers, releases, and revocations,

c) supervision of the execution process,

d) the collection of imposed fines, penalties, and procedural costs,

e) legal assistance in the enforcement of sentences and measures,

f) providing information to persons, institutions, and authorities tasked with the treatment, care, or supervision of individuals in the execution of sentences and measures,

g) monitoring the execution of conditions attached to suspended sentences (Art. 94 of the Swiss Penal Code (StGB) of December 21, 1937),

h) * probation assistance,

i) * processing fingerprint identification according to Art. 260 of the Swiss Code of Criminal Procedure (Criminal Procedure Code, StPO) of October 5, 2007, upon order by the cantonal police, the public prosecutor's office, or the courts.

3. As an appellate body, the AJV adjudicates appeals against decisions made by the management of correctional institutions concerning the execution of sentences and measures.

1. The courts, administrative offices, and municipal treasuries collect fines, penalties, and legal costs.

1. The Senior Public Prosecutor's Office is responsible for the function of the cantonal coordination center for processing data in the criminal register.

**1. The Canton of Aargau is a member of the Concordat of the Northwestern and Central Swiss Cantons on the Execution of Sentences and Measures.**

2. Custodial sentences of more than one month and preventive measures are typically executed in the institutions designated by the concordat for this purpose. For significant reasons, execution may also occur in institutions of other concordats.

3. The Department of Economic Affairs and Internal Affairs (DVI) designates additional institutions where custodial sentences and measures may be carried out.

1. The Canton of Aargau operates a concordat institution for men in Lenzburg.

2. The organization of the Correctional Facility Lenzburg is regulated by a separate ordinance.

1. The Canton of Aargau maintains a juvenile facility for male youths at Aarburg.

2. The organization of the Aarburg juvenile facility is regulated by a separate ordinance.

1. The following individuals shall be admitted to the district prisons

a) Persons in pre-trial and security detention,

b) Persons who have to serve a prison sentence of up to one month,

c) Persons serving their sentence in semi-detention,

d) Persons made available from an institution for the period until transfer to another institution,

e) Persons who have been temporarily detained, and

f) Transportees.

2. The DVI designates those district prisons where prison sentences for adults of more than one month can be served.

3. The AJV is responsible for the orderly operation of the district prisons, particularly for security and the correct execution. It issues a house rule.

1. The DVI decides on the continuation, conversion, and expansion of existing institutions and the creation of new facilities for the execution of all types of custodial sanctions. The jurisdiction of the Grand Council pursuant to § 16 of the Execution of Sentences and Measures Act (EG StPO) and §§ 28 and 29 of the Act on Performance-Oriented Management of Tasks and Finances (GAF) dated June 5, 2012, remains reserved.

1. Measures pursuant to Articles 59 and 60 of the Swiss Criminal Code (StGB) are generally executed in the Psychiatric Clinic Königsfelden, provided that public safety is not endangered.

2. The AJV (Cantonal Office for Judicial Affairs) may also assign convicts to other suitable institutions for the execution of measures pursuant to Articles 59 and 60 of the Swiss Criminal Code (StGB).

1. The adjudicating authority shall communicate all judgments imposing unconditional custodial sentences and measures to the AJV within 14 days of their becoming final. The communication must be accompanied by the documents and records necessary for enforcement, which reveal the personal circumstances, current health status, as well as the income and asset situation of the convicted person.

2. The competent judicial authority shall notify the AJV of all decisions granting early enforcement of sentences or measures. The same applies to decisions regarding corresponding releases.

3. The DVI shall issue the necessary directives concerning the form of the notification.

1. To ensure the enforcement of penalties and measures, the sentencing authority or the AJV may also order the person to be admitted to provide security. Articles 237-240 of the CCP apply mutatis mutandis.

1. If the person to be committed is not yet in custody and there is no risk of flight, the AJV will generally announce the impending execution of the sentence for custodial sentences, unless they are substitute custodial sentences, and for inpatient measures. The AJV may require the person to be committed to submit a justified request regarding the commencement of the execution within a set period.

2. The person to be committed is required by the AJV to present themselves at the designated location at the specified time. If they do not comply with the summons, the AJV may arrest them and ensure their execution.

3. With the announcement of the execution, the person to be committed must be informed about the conditions for semi-detention, day parole, electronic monitoring, and community service.

1. As a rule, enforcement is to commence within 3 months from the finality of the judgment. For important reasons, the AJV may postpone or interrupt the enforcement of a custodial sentence or a criminal measure ex officio, upon request by the person admitted or the enforcement institution.

2. Important reasons are considered to be, in particular

a) special personal, family, or professional circumstances,

b) complete inability to endure imprisonment.

3. The ability to endure imprisonment is to be examined by a physician. The AJV determines which physicians licensed to practice in the canton are authorized to perform the examination of the ability to endure imprisonment. For this purpose, the AJV may conclude service contracts with the medical profession.

4. The request for postponement of enforcement must be submitted before the commencement of enforcement. The AJV postpones the enforcement until the medical report is available.

5. The enforcement of community service may be interrupted for a maximum of 12 months due to incapacity for work.

6. Conditions may be imposed in conjunction with the postponement or interruption of enforcement.

1. The pardon application of a convicted person, who is already serving the sentence related to the judgment in question, does not have a suspensive effect.

2. In all other cases, the AJV may grant a suspensive effect either on its own initiative or upon a reasoned request, if the pardon application is submitted within 30 days from the service of the first summons to commence serving the sentence, or if the grounds for deferral only arise after that.

1. Work is considered charitable if it is performed without compensation for the benefit of social institutions, projects in the public interest, or individuals in need.

2. The AJV (Agency for Judicial Affairs) decides which institutions are authorized for the execution of charitable work.

3. The care and support of individuals in need do not constitute charitable work if they are related to, affiliated with, or otherwise closely associated with the convicted person.

1. **Custodial Sentences and Remaining Sentences After Deduction of Pre-Trial Detention Not Exceeding 6 Months, as well as Fines, May Be Served Through Community Service.** In the case of partially suspended sentences, the total duration of the sentence is decisive.

2. **Community Service is Also Possible During Unemployment.**

**1. Granting the Enforcement Form of Community Service Requires in Particular That**

a) the convicted person has a right of residence in Switzerland and no expulsion order pursuant to Articles 66a and 66abis of the Swiss Criminal Code (StGB) has been issued against them,

b) the convicted person is willing to perform the work assigned to them,

c) the convicted person is physically and mentally capable of satisfactorily and appropriately performing the community service alongside their current work, education, or occupation,

d) the convicted person consents to the disclosure of the offenses underlying their conviction to the workplace where they will carry out the community service,

e) suitable employment is available in an approved institution, and

f) the convicted person has paid the treatment fee within the prescribed period at the time of commencing the enforcement.

1. In the execution of community service, travel time and meal breaks are not counted.

2. As a rule, at least 8 hours of community service must be performed per week.

3. The daily or weekly rest requirements of the convicted person must not be entirely eliminated by the execution of community service.

1. The application to serve the sentence through community service must be submitted in writing to the competent enforcement authority within 20 days after the announcement of the enforcement of the sentence, the summons to commence the sentence, or after the payment request.

2. The treasuries of the courts, the prosecution, and the municipalities forward applications for serving the sentence in the form of community service to the AJV for decision and execution.

3. The AJV decides on the application and determines the modalities of enforcement as well as the treatment fee. It may summon the convicted person to a personal meeting to clarify the possibilities of deployment. Unexcused failure to appear at the personal meeting is considered a waiver of the enforcement form of community service.

1. The AJV concludes an agreement with the host organization, in which the person responsible within the host organization for the management and supervision of community service is specifically designated.

2. The host organization immediately reports any irregularities in the execution of community service to the AJV.

1. For damages caused by the convicted person within the scope of community service, the canton shall be liable, subject to existing insurances. The canton may take recourse against the convicted person if they acted negligently.

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

1. The AJV (Agency for Judicial Execution) terminates the execution of community service if the convicted individual, despite a warning,

a) remains absent from the assigned work without sufficient justification or fails to comply with imposed instructions,

b) does not meet the reasonable expectations in terms of work performance, or

c) makes continued employment unreasonable for the host organization through other culpable behavior.

2. The AJV may terminate the execution of community service without prior warning in cases of urgency or for important reasons, particularly if

a) the regular operation of the host organization is in jeopardy,

b) a new criminal investigation is initiated against the convicted person, or

c) a new substitute custodial sentence for a fine or monetary penalty is added to the ongoing execution against the convicted person.

1. The enforcement is completed with the full execution of the mandatory work to be performed or upon conditional release after the expiration of the probation period.

2. If a fine or monetary penalty is enforced in the form of community service, conditional release is not possible.

3. The employing entity certifies to the AJV the proper completion of the community service work.

1. Electronic Monitoring May Be Applied

a) for the execution of a prison sentence or substitute custodial sentence from 20 days to 12 months, or

b) instead of work release or residential and work release for a duration of 3 to 12 months.

2. The AJV may cooperate with other cantons and transmit the necessary data of the person to be monitored to them.

3. For the calculation of the execution duration according to paragraph 1 letter a, the imposed unconditional prison sentence or, in the case of a partial conditional sentence, the total duration of the sentence is decisive. The duration of pre-trial detention or already served partial sentences will not be deducted. If multiple prison sentences are executed concurrently, they will be carried out according to their total duration.

4. During the execution of prison sentences up to 12 months in regular custody or semi-detention, a transfer to the special form of execution of electronic monitoring is not possible.

5. The provisions on electronic monitoring apply accordingly also in juvenile penal execution, as far as permitted by federal law.

1. Granting the Form of Execution for Electronic Monitoring Requires That

a) the convicted person has a right of residence in Switzerland and has not been subjected to expulsion from the country according to Articles 66a and 66abis of the Swiss Criminal Code,

b) the data transmission from the monitoring device is possible from the permanent residence, and

c) the convicted person has obtained a personal liability insurance.

1. The application to serve the sentence through electronic monitoring must be submitted in writing to the AJV within 20 days after the announcement of the enforcement of the sentence or the summons to begin the sentence.

2. The application to switch to electronic monitoring instead of external work or external work and residence must be submitted in writing to the AJV no later than 3 months before the transition.

3. The AJV may summon the convicted person for a personal interview to determine the conditions for enforcement in accordance with Art. 79b para. 2 of the Swiss Criminal Code and to establish the enforcement program. Unexcused failure to appear is considered a withdrawal of the application.

4. The AJV decides on the application and determines the advance payment for enforcement costs and the treatment fee.

1. The AJV, in collaboration with the convicted person, establishes the execution plan.

2. The execution plan specifically regulates the following

a) Educational, recreational, and sports activities,

b) Mandatory participation in individual and group therapies,

c) Mandatory participation in special educational and training programs,

d) Psychosocial counseling and support.

3. The convicted person confirms the execution plan with their signature.

1. The duration of the time outside the home freely available on non-working or non-training days, namely Saturdays, Sundays, and public holidays, is determined by the duration of the sentence executed under electronic monitoring.

2. During the execution of electronic monitoring instead of a custodial sentence pursuant to § 26 paragraph 1 letter a, the convicted person may be granted the following freely available time on non-working or non-training days, conditional on good behavior during execution

a) in the 1st and 2nd months: 3 hours per day,

b) in the 3rd and 4th months: 4 hours per day or once per month of execution, 24 hours on the weekend,

c) in the 5th and 6th months: 6 hours per day or once per month of execution, 24 hours on the weekend,

d) from the 7th month: 8 hours per day or once per month of execution, 36 hours on the weekend.

3. During the execution of electronic monitoring instead of an external work placement or a living-and-working external placement pursuant to § 26 paragraph 1 letter b, the convicted person may be granted the following freely available time on non-working or non-training days, conditional on good behavior during execution

a) in the 1st and 2nd months: 6 hours per day or once per month of execution, 24 hours on the weekend,

b) in the 3rd and 4th months: 8 hours per day or once per month of execution, 36 hours on the weekend,

c) from the 5th month: 10 hours per day or once per month of execution, 36 hours on the weekend.

4. If the convicted person works on Saturdays or Sundays, the time available outside the home may be allocated to other weekdays.

1. The convicted person is required to strictly adhere to the enforcement plan and the directives of the probation office (AJV) and must grant the authorized personnel of the AJV unrestricted access to their residence at any time.

2. If the convicted person realizes that they will not be able to comply with the enforcement plan, they must notify the AJV without delay and in advance.

3. The convicted person must also promptly inform the AJV of any changes in their employment relationship, educational opportunities, or occupation occurring during the course of the electronic monitoring enforcement.

1. The convicted person is liable for all damages caused through their fault to the technical monitoring equipment for electronic surveillance. They must demonstrate appropriate personal liability insurance. The AJV may also require the provision of a reasonable cost deposit. The initiation of criminal proceedings is reserved.

2. The convicted person must ensure adequate insurance coverage for the duration of the electronic surveillance enforcement. The canton assumes no liability in the event of insufficient insurance coverage.

1. The AJV (Agency of Judicial Enforcement) may terminate the execution of electronic monitoring if the convicted individual, despite warning,

a) fails to comply with their obligations according to the authorization or execution plan,

b) does not pay the treatment fee or repeatedly fails to pay the execution costs in a timely manner, or

c) commits a minor offense against the provisions pursuant to § 33 para. 2 lit. a-d.

2. The AJV may terminate the execution of electronic monitoring for serious violations without prior warning if

a) the convicted individual abuses the time outside their accommodation,

b) the convicted individual possesses, consumes, or distributes drugs,

c) the convicted individual violates conditions, particularly completing therapy or maintaining alcohol abstinence,

d) the convicted individual manipulates or attempts to manipulate the monitoring devices, or

e) a new criminal investigation is initiated against the convicted individual.

1. The execution is completed either upon the full serving of the sentence or, in the case of a conditional release, after the probation period has expired.

1. Custodial sentences and substitute custodial sentences not exceeding 12 months and residual sentences after crediting pre-trial detention not exceeding 6 months, as well as preventive detention pursuant to Art. 66 paragraph 2 of the Swiss Criminal Code, can be executed in such a way that the convicted person continues their previous work, education, or employment, but spends rest and leisure time in the correctional facility.

2. For partially suspended custodial sentences, the unconditional part is decisive.

3. When executing multiple sentences concurrently, the total duration is considered.

1. The Granting of Semi-Imprisonment Requires, in Particular, that the Convicted Person Has a Right of Residence in Switzerland and No Expulsion Order Has Been Issued Against Them Pursuant to Articles 66a and 66abis of the Swiss Criminal Code (StGB).

1. Unless otherwise specified in this regulation, the provisions concerning standard imprisonment apply to the enforcement of semi-imprisonment.

2. In the case of good conduct at the workplace and in the correctional facility, the AJV may grant leisure time outside the correctional facility starting from the third month of imprisonment as follows

a) up to and including the 6th month: one outing of 5 hours and one relationship leave of 24 hours per month of imprisonment,

b) from the 7th month: one outing of 5 hours and one relationship leave of 36 hours per month of imprisonment.

3. Insurance against accidents on the way to work and at the workplace is the responsibility of the convicted person.

4. On working days, meals are generally the responsibility of the convicted person; on rest days, meals are provided in the correctional facility.

1. The convicted person must spend at least one day per week in the correctional facility.

2. Each night spent in the correctional facility counts as one day of deprivation of liberty.

1. The application to serve the sentence in semi-detention must be submitted, along with proof of continued employment, education, or occupation, to the AJV within 20 days after the announcement of the sentence enforcement, or in the case of substitute custodial sentences, at the latest upon commencement of enforcement.

2. The AJV shall decide in writing on the enforcement in the form of semi-detention and shall determine the enforcement modalities as well as the advance payment of enforcement costs and the treatment fee.

3. If enforcement in the form of semi-detention is denied, the AJV orders the serving of the sentence in regular detention.

**1. The AJV terminates the execution in the form of semi-detention if**

a) the convicted person has not paid the advance payment for the execution costs or the treatment fee at the time of the commencement of the sentence,

b) the conditions for the special execution have ceased to exist,

c) the convicted person does not comply with the execution conditions, particularly the stipulated commencement times, despite a warning, or reports under the influence of alcohol or narcotics, or

d) the incarcerated person behaves inappropriately in the correctional facility despite a warning.

**2. The AJV may interrupt or terminate the execution of semi-detention without prior warning if a new criminal investigation is initiated against the convicted person.**

**3. In the event of termination, the AJV orders the serving of the prison sentence or the remaining prison sentence under regular execution.**

1. The execution is completed upon the full serving of the unconditionally enforceable sentence or, in the case of conditional release, after the expiration of the probationary period.

2. The correctional facility shall notify the AJV in writing of the release of the convicted person.

1. If no specific form of enforcement is possible, the convicted person serves the custodial sentence under regular enforcement.

2. Regular enforcement takes place in an open penal institution if the limited supervisory and control measures are sufficient to prevent escape, to avert new offenses, and to protect the public. In other cases, the convicted person is assigned to a closed penal institution or a closed section of an open institution.

3. Reserved is the enforcement of short custodial sentences in district prisons.

1. If the detention lasts longer than 6 months, the correctional facility must provide a detailed report on the detainees to the AJV upon request, particularly in connection with release applications. Irrespective of the duration of the detention, the facility must provide a written response to other requests and complaints from the incarcerated individuals.

2. Reporting is also required without a request for incarceration sentences after two-thirds of the sentence has been served, and for measures after the expiry of the statutory minimum duration. For other indefinite measures, a report must be submitted at least once a year, with a statement regarding the potential release of the detainee.

1. If the Cantonal Penal Execution Authority (AJV) determines before or during the execution of the custodial sentence that the convicted person meets the criteria for an inpatient therapeutic measure pursuant to Articles 59-61 of the Swiss Criminal Code (StGB) or for secure custody, it shall file a motion with the competent court to amend the sanction.

1. Normal execution is completed with the full serving of the sentence that must be executed unconditionally or upon a conditional release after the probation period has expired.

2. The correctional facility shall inform the probation authority (AJV) in writing of the release and the new place of residence of the released person.

1. The work externalization and the residential externalization are preliminary stages of release from the execution of a custodial sentence. The residential externalization is generally carried out in a residential home recognized by the penal enforcement concordat or a department managed externally from a correctional facility.

1. The AJV may, upon a substantiated request, authorize the transfer to a work or residential externship for prison sentences of at least 18 months if

a) the convicted person has served at least half of the sentence duration, and in the case of life imprisonment, at least 10 years,

b) they have demonstrated good behavior during their imprisonment,

c) there is no risk of flight and no threat to public safety,

d) it is to be assumed that the conditions for a conditional release will be met in the further course of execution, and

e) the convicted person has a firm job or training position in prospect or undertakes household work and childcare.

1. The AJV terminates the work and residential external placement if

a) the conditions for the work and residential external placement are no longer met, or

b) the convicted person grossly violates the institution's regulations.

2. In the event of termination, the AJV orders the return to regular detention.

3. The correctional facility or the residential home reports to the AJV if reasons for termination exist.

1. The work and residential externship typically ends with conditional release or, exceptionally, with the complete serving of the custodial sentence.

2. The correctional facility or residential home shall notify the AJV in writing of the release and the new residence of the released person.

1. The execution of outpatient measures with deferred sentencing is the responsibility of the AJV.

2. The execution of outpatient measures during detention is carried out in collaboration between the AJV and the correctional facility.

3. The AJV, based on the judgment to be executed, determines the objective of the measure to be achieved and obtains reports from the therapeutic specialist.

4. The AJV can order the temporary inpatient treatment of the convicted person despite the deferred sentencing, if it is necessary for the initiation or continuation of the outpatient measure. The inpatient treatment must not last longer than 2 months.

5. The AJV can provisionally order the execution of the deferred sentence and the continuation of outpatient treatment during detention until the court decides on the credit of the deprivation of liberty associated with the outpatient measure towards the prison sentence, if third parties appear to be endangered during the execution of the measure at liberty.

1. If the convicted person is granted a deferral of sentence, the AJV shall appoint the appropriate therapeutic specialist. The convicted person must cooperate in the appointment of the specialist, in particular by submitting corresponding proposals to the AJV.

2. The convicted person must be reachable during the execution of the sentence. They shall inform the AJV of any change of residence or workplace unsolicited and without delay.

3. If the outpatient measure is executed during imprisonment, the existing services of the correctional facility are generally to be used. Exceptions may be approved by the AJV in consultation with the correctional facility.

4. The convicted person must release the therapeutic specialist from the duty of confidentiality towards the AJV.

1. The AJV is responsible for the annual review of the continuation or termination of the outpatient measure. It shall terminate the enforcement of the measure if the conditions pursuant to the Criminal Code are met.

1. The execution of custodial measures is the responsibility of the AJV.

2. The custodial measures are carried out in appropriate correctional facilities.

1. The convicted person is required to cooperate with the execution of measures and to release the therapeutic professional from the duty of confidentiality towards the AJV.

1. The AJV is responsible for the annual review of the continuation or termination of the measure. A report pursuant to Art. 62d para. 2 of the Swiss Criminal Code (StGB) can be dispensed with if the convicted person refuses therapeutic treatment. The AJV will terminate the execution of the measure if the conditions according to the StGB are met, and will, if necessary, petition the competent court for the ordering of preventive detention.

2. The AJV conditionally releases the convicted person from the execution of the measure if the conditions according to the StGB are met. In cases provided for by the StGB, the AJV will petition the competent court for the extension of the probation period.

3. The AJV will petition the competent court for recommittal to the execution of the measure if, due to the conduct of the conditionally released person, a serious relapse is seriously expected.

4. The AJV finally releases the conditionally released person from the measure if they have proven themselves by the end of the probation period.

1. The enforcement of the detention is the responsibility of the AJV.

2. The detention is carried out according to the provisions for normal execution in a closed correctional facility.

1. The AJV (Agency for Judicial Enforcement) examines whether the convicted person can be conditionally released from the execution of their prison sentence and files the relevant motion with the court.

2. The AJV examines whether the conditions for ordering an inpatient therapeutic measure are met and files the relevant motion with the court.

3. The AJV is responsible for the annual review of the continuation or lifting of preventive detention. The obtaining of an expert opinion pursuant to Article 64b paragraph 2 of the Penal Code can be waived if the convicted person refuses therapeutic treatment. The AJV conditionally releases the convicted person from preventive detention if the requirements according to the Penal Code are met. In the cases provided for by the Penal Code, it files a motion with the court to extend the probation period.

4. If the AJV determines that the conditions for an inpatient therapeutic measure pursuant to Articles 59-61 of the Penal Code are met, it files a motion with the court to amend the sanction.

5. The AJV files a motion with the court for recommitment to preventive detention if a serious relapse is seriously expected due to the behavior of the conditionally released person.

6. The AJV finally releases the conditionally released person from preventive detention if they have proven themselves by the end of the probation period.

1. Inmates may be granted relaxation of detention conditions only if

a) they are judged not or no longer a danger to the public, or

b) the protection of public safety or particularly vulnerable third parties can be adequately ensured through effective accompanying measures.

1. Subject to the following provisions and specific instructions of the Department of Justice and Police (AJV), the execution of sentences and measures is governed by the organizational decrees and house rules (institutional regulations) of the respective correctional facilities.

2. The house rules of the cantonal correctional facilities require approval by the Department of Internal Affairs (DVI) or by a special supervisory commission. The jurisdiction of other departments remains reserved for institutions executing measures.

3. For sick, infirm, and elderly persons, as well as for pregnant women and mothers with young children, exceptions in favor of the prisoners may be made from the rules of executing sentences and measures.

1. In the execution of prison sentences and measures, the gender-specific concerns and needs of the prisoners shall be taken into account.

2. Staff and prisoners shall treat each other with decency and respect.

3. Prisoners must comply with the regulations of the institution's rules and follow the instructions of the staff. Private or contractual relationships between prisoners and staff are prohibited.

1. Admission to a correctional facility is based on a written order from the AJV. The authority of the procedural management to grant early execution remains reserved. Oral orders must be confirmed in writing without delay.

2. Admissions in the context of early sentence execution generally take place in a closed correctional facility. After entry into the facility, the procedural management may delegate the execution competence to the AJV. Admissions for early measure execution require the consent of the AJV.

3. Entrants who are not brought in by the police must prove their identity with an official photo identification document. A record with a description and a list of confiscated and issued items must be created for all new admissions.

4. The personnel inform the entrants of their rights and obligations and, upon request, provide them with a copy of the house rules.

5. The correctional facility takes necessary welfare measures in the interest of the inmates.

1. If the execution is expected to last more than 6 months, the correctional institution discusses the planned course of the execution with the inmates. In doing so, it takes into account written directives from the AJV.

2. The execution planning particularly includes

a) work deployment and training,

b) clarification of financial circumstances and possibilities for debt restructuring and compensation,

c) the sequence of execution-accompanying measures,

d) the timetable for any relaxation of the execution agreed upon with the AJV.

3. The correctional institution monitors compliance with the execution plan and adjusts it if necessary. It communicates the essential elements of the execution planning to the AJV and reports if these are not adhered to or have been adjusted.

1. **Prisoners in Regular Custody** are obliged to work or partake in training if the penal institution provides such opportunities. Employment may only occur outside the penal institution if the conditions for external work placement are met.

2. For the work performed, or in lieu of such work, for attending educational or training programs, prisoners shall receive appropriate remuneration or compensation. The penal institution determines the amount of remuneration or compensation based on the performance delivered and considers the guidelines of the Penal Execution Agreement on work remuneration. It establishes the method of payment or crediting.

3. The penal institution may issue regulations regarding the use of remuneration or compensation. In particular, it may stipulate that the remuneration or compensation can be reasonably used to cover

a) damages caused by gross negligence or intent,

b) deportation costs,

c) court-ordered compensation claims of victims and the resulting recourse claims of third parties, or

d) procedural costs in complaint proceedings initiated by prisoners.

1. Prisoners shall receive adequate basic medical care during their confinement. The AJV is responsible for ensuring the provision of necessary basic medical care. For this purpose, it may enter into service contracts with the medical profession. When admitted to a hospital, public safety must be maintained.

2. Prisoners shall receive three meals a day. Dietary meals and additional food shall only be provided upon the order of a medical professional.

3. Prisoners are entitled to a daily walk and have the right and obligation to maintain proper personal hygiene.

4. Prisoners shall be insured by the canton against the consequences of accidents and disability to a sufficient extent, unless they already possess adequate insurance.

1. The postal and telecommunication correspondence of the prisoners is monitored. Correspondence with authorities as well as with attorneys who are authorized or officially appointed as legal representatives is not subject to content monitoring. Correspondence with supervisory authorities is not controlled.

2. For security reasons, the correctional facility may restrict the volume of daily mail and the circle of addressees. It regulates telecommunication correspondence.

1. Prisoners may receive visits from relatives and close associates with the approval of the institution's administration. In cases of detention on remand and preventive detention, the approval of the procedural authority is also required.

2. The house rules determine the conditions of visitation and may, in particular, provide for restrictions regarding the frequency and duration of visits as well as the number of visitors.

3. Visits from public officials, authorized attorneys, diplomatic representatives, and persons active in pastoral care and social work are subject only to restrictions necessitated by the security of the institution.

1. The correctional administration (AJV) or, if it has delegated authority, the correctional facility may grant inmates leave, personal leave, and visitation leave upon a timely and reasoned request. They shall take into account the guidelines of the concordat.

2. The leave request shall be denied if there is a risk of escape or if there is reason to fear a threat to public safety.

1. The correctional facilities may issue more restrictive regulations for specific departments with higher security requirements.

1. The possession and consumption of alcohol and narcotics is prohibited during enforcement and leave.

2. The possession and intake of prescription medications is prohibited during enforcement and leave, unless they have been prescribed by the institution's physician.

3. The correctional facility may order the conduct of tests at any time to determine the consumption of prohibited narcotics and medications.

4. Prohibited narcotics and medications will be confiscated and destroyed.

1. The personal effects and accommodation of prisoners may be searched at any time to protect order and security within the correctional facility.

2. If there is suspicion that prisoners are carrying unauthorized items on their person or inside their body, a body search may be conducted. This must be carried out by a person of the same gender. If disrobing is necessary, the body search must be conducted in the absence of other prisoners. Internal examinations may only be performed by a medical professional.

1. Disciplinary Sanctions may be imposed for culpable violations of the institution's regulations or the execution plan, when ordinary means of education, management, and influence do not promise success. The criminal prosecution of the misconduct remains reserved.

2. Disciplinary offenses particularly include

a) Violence, threats, or insults against staff, fellow inmates, or other persons,

b) Escape, attempted escape, and attempts thereof,

c) Smuggling and possession of prohibited items,

d) Alcohol and drug-related offenses, where refusal to provide blood, urine samples, and breath tests is equated with a violation,

e) Damage to and appropriation of others' property,

f) Disobedience towards orders from staff.

1. Disciplinary Sanctions are

a) oral or written reprimand,

b) withdrawal, denial, or restriction of privileges, particularly by limiting leisure time and external contacts as well as by revoking radio and television access for a certain period,

c) restriction on the disposal of work remuneration or training allowance,

d) fine,

e) confinement in the living cell,

f) conditional or unconditional detention.

2. Prisoners may be punished with detention sentences of up to 14 days. For security reasons or in cases of risk of tampering with evidence, preventive detention of up to 24 hours may be ordered before the disciplinary decision is issued.

3. When a detention sentence is imposed, the withdrawal, denial, or restriction of privileges for a certain period, as well as the restriction on the disposal of work remuneration or training allowance, may also be applied.

4. In determining the severity of the disciplinary sanction, the gravity of the offense, the culpability, and the previous behavior of the prisoner should be taken into account.

1. The disciplinary authority over prisoners in district prisons is vested in the director or their deputy.

2. Inmates of recognized juvenile detention and correctional facilities are subject to the disciplinary authority of the director or their deputy. The director may delegate the disciplinary authority to staff members. Excluded from delegation is the decision on arrest or security measures.

3. Inmates of other correctional institutions are subject to the disciplinary authority of the respective institution's management.

4. The disciplinary authorities inform the AJV about imposed detention penalties.

1. Before ordering a disciplinary action, the affected person must be heard.

2. Disciplinary decisions can be challenged within 3 days of their notification by submitting a written complaint to the Juvenile Justice and Measures Administration (AJV) or, if issued by the director of a recognized juvenile penal and corrective measure institution, to the Department of Education, Culture, and Sports. The deadline is met if the complaint is handed over to the staff within 3 days. Additionally, the provisions of the Administrative Procedure Act apply.

3. Complaint decisions of the AJV can be appealed within 30 days of notification by filing an administrative court complaint.

1. The disciplinary system for prisoners of the Lenzburg Correctional Facility is governed by the Ordinance on the Organization of the Lenzburg Correctional Facility.

2. The disciplinary system for inmates of the Aarburg Youth Home is governed by the Ordinance on the Organization of the Aarburg Youth Home.

1. Prisoners are to be released on the last day of their sentence.

2. Interruption of sentences, conditional release, and indefinite release from measures may only occur based on a decision by the AJV. The competence of the proceeding authority in case of early execution remains reserved.

3. The correctional facility shall inform the AJV in writing of every release, as well as of the new place of residence of the released person in cases provided for under this regulation.

1. Probation services extend to all persons who are placed under their supervision by the courts, the public prosecutor's office, the correctional authorities, or the parole board.

1. Probationary supervision generally lasts until the expiration of the term set by the assigning authority. In the absence of such an order, it ends with the probation period.

1. The supervisory authority shall timely forward the necessary documents to the AJV.

2. An appropriate reporting system must ensure that the AJV adequately informs the supervisory authority about the progress of probation assistance.

1. If the affected person evades probation assistance or acts contrary to an instruction given to them, the AJV (Agency for Judicial and Penal Execution) orders a police search for their whereabouts or issues a formal warning. Article 95 paragraphs 4 and 5 of the Criminal Code remain reserved.

1. All individuals working in probation services are subject to official secrecy. They are authorized to disclose official secrets if there is consent from the affected person or the AJV.

2. The supervising authorities determine how long personal data is to be archived or when it is to be destroyed.

1. The persons concerned are obligated to conscientiously comply with the instructions imposed upon them in the judgment or decision, as well as with the agreements made with the AJV, and to strive to lead an orderly, crime-free life.

2. Any change of residence or workplace must be reported to the AJV voluntarily and without delay.

1. Continuous social support for the incarcerated individual and their relatives mitigates the consequences of imprisonment. It facilitates reintegration, particularly through the systematic preparation for release and assistance in managing financial affairs and interactions with authorities.

1. The supervision can be ordered upon the application of the incarcerated person by the procedural authority, the AJV, or the penitentiary facility.

2. Continuous social care is ensured by the chaplaincy, the personnel, and the social services of the penitentiary facilities, as well as by private individuals designated by the DVI.

1. The fines, penalties, and costs imposed by the public prosecutor's office through penal orders are to be collected by their official cash desks or, after being referred for the execution of substitute custodial sentences, by the AJV. For this purpose, the legally binding penal orders must be forwarded.

1. Courts report an imposed activity prohibition (Articles 67-67d of the Criminal Code) to the AJV by delivering the final judgment.

2. The AJV is responsible for monitoring compliance with the activity prohibition. For this purpose, it may obtain information from the residential and community authorities of the convicted person, as well as from other official agencies.

3. The convicted person must report any change of residence and workplace or professional activity to the AJV pursuant to Article 67a paragraph 1 of the Criminal Code, voluntarily and without delay. The same applies to joining clubs or other organizations for the pursuit of non-professional activities under Article 67a paragraph 1 of the Criminal Code, as well as to changes in the existing area of activity or previous function within such organizations.

1. The courts report an imposed contact and exclusion order (Art. 67b StGB) to the Enforcement of Judgments Authority by delivering the legally binding judgment.

2. The Enforcement of Judgments Authority decides whether to use technical devices to monitor compliance with the contact and exclusion order. It may collaborate with other cantons and transmit the necessary data concerning the persons to be monitored and those to be protected to them.

1. If the public prosecutor's office or the criminal court authority has imposed a driving ban (Article 67e of the Swiss Criminal Code), it shall notify the competent road traffic office of the penal order or judgment once it becomes final.

2. The road traffic office determines the date from which the driving ban applies, confiscates the driver's license, and keeps it until the sanction expires. It records the driving ban in the driving license register.

1. The Office for Migration and Integration Canton Aargau (MIKA) is responsible for the execution of expulsions (Art. 66a and 66abis of the Swiss Criminal Code) and for the decision on the postponement of the execution of mandatory expulsion (Art. 66d of the Swiss Criminal Code).

2. The AJV shall inform MIKA in a timely manner about the conditional or final release from the execution of sanctions.

1. The courts and the public prosecutor's office forward decisions regarding the collection of DNA samples and the creation of DNA profiles pursuant to Art. 257 of the Criminal Procedure Code to the Cantonal Police after they become legally binding.

2. The Cantonal Police summons the convicted person for the collection of the DNA sample.

3. If the convicted person does not comply with the summons according to paragraph 2, or if their whereabouts are unknown, the public prosecutor's office originally responsible for the proceedings issues a warrant for compulsory appearance.

1. The criminal justice and correctional authorities (Public Prosecutor's Office, Juvenile Prosecutor's Office, and the AJV) as well as the coordination office record convictions and subsequent decisions directly (online) into the automatic criminal register (Register) at the Federal Office of Justice (Federal Office).

1. The Public Prosecutor's Office serves as the cantonal coordination office.

1. Authorities pursuant to § 90 may request an extract from the register from the federal office or the cantonal coordination office for the fulfillment of their legal duties, insofar as they are not directly connected to the register.

2. This right to obtain information is also granted to family courts as well as the higher and administrative courts in matters of child and adult protection and custodial placement.

1. The court of the place of origin shall decide on applications for the deletion of judgments from foreign courts concerning persons with a place of origin in Aargau. Subject to the jurisdiction of the coordination office for the deletion of conditionally executable sentences upon successful probation within the trial period.

1. The cost of enforcing judgments from other cantons in the Lenzburg correctional facility is determined by the resolutions of the penal enforcement concordat.

2. The daily rate for enforcement of pre-trial and security detention ordered by authorities from other cantons, as well as judgments from other cantons in district prisons, amounts to CHF 200. The daily rate covers, in particular

a) catering,

b) basic medical care for illnesses and accidents during enforcement, including dental pain treatments,

c) regular care by staff, pastoral care, and social services,

d) clothing if necessary and in cases of indigence.

3. Costs exceeding basic medical care, particularly treatment costs for self-inflicted harm and pre-existing conditions at the time of enforcement commencement, as well as the costs of hospital stays and dental treatments, are to be borne by the incarcerated person or the community obligated to provide support.

4. The costs of institutionalized measures are based on the daily rates of the enforcement institutions. The costs of outpatient measures are determined by the tariffs applicable to the therapeutic professionals.

1. The costs of the execution of sentences and detention pursuant to Art. 64 of the Swiss Criminal Code (StGB) are borne by the canton, subject to the cases according to § 98.

2. The AJV allocates the costs of the execution of sentences and measures to the convicted person.

3. When determining the financial circumstances for establishing the cost shares to be borne by the convicted persons, the convicted persons and the municipalities of residence are obliged to cooperate.

4. The Cantonal Social Service supports the AJV in determining the financial circumstances.

1. The convicted person shall bear the personal expenses related to performing community service work, including specifically the costs for work clothing, commuting, and meals.

2. The convicted person shall bear the additional costs incurred for the execution of electronic monitoring, specifically for the landline telephone connection or mobile reception.

3. The flat-rate share of costs to be borne by the convicted person per day of execution is

a) Semi-detention CHF 40

b) Electronically monitored execution CHF 30

4. Upon a justified request, the flat-rate share of costs may be partially waived.

5. The AJV shall determine the cost share for work externalization and work and residential externalization according to the economic capacity of the convicted person.

6. The determined flat-rate cost is to be paid before the commencement of the sentence.

1. If a cost participation pursuant to Article 380 paragraph 2 letter b or c of the StGB (Swiss Criminal Code) is considered, the AJV (Office of Justice) shall examine the income and financial circumstances of the convicted person.

1. The costs of an outpatient measure are typically borne by the convicted person. Upon a substantiated request, the AJV may assume these costs in whole or in part.

2. The costs of an instruction are typically borne by the convicted person. Upon a substantiated request, the AJV may assume those costs of carrying out the instruction that exceed the usual living expenses, either in whole or in part.

1. Enforcement proceedings that have already begun by the time this regulation comes into effect will be completed in accordance with previous law concerning any pending appeals.

1. This Regulation shall enter into force on 1 January 2021.