Ordinance on the Organisation of the Lenzburg Correctional Facility - Penal Deprivation of Liberty

1. The Canton of Aargau operates a closed correctional facility in Lenzburg. It consists of a penal institution for adult males and a central prison for various forms of detention for women, men, and juveniles.

2. The following are enforced in the penal institution

a) * Custodial sentences, inpatient measures, and detentions;

b) Outpatient measures during the execution of a custodial sentence;

c) * Early sanction execution;

d) * Pre-trial and security detention;

e) * ...

f) Other custodial sanctions until transfer to the appropriate facility, but for no more than three months.

3. The following are enforced in the central prison

a) Pre-trial and security detention;

b) Short-term sentences;

c) Semi-detention;

d) Extradition custody with the consent of the detained person;

e) Other custodial sanctions until transfer to an appropriate correctional facility;

f) Custody according to juvenile criminal law;

g) Sanctions that, for time-related reasons, cannot be executed in a correctional and rehabilitation institution.

1. The execution of the sentence shall be aimed at rehabilitating the prisoners through education, care and treatment, work and training, as well as meaningful leisure activities, in order to enable them to lead a crime-free life after their release.

2. To achieve the goal of rehabilitation, the institution shall, where possible

a) take the necessary measures for the social and professional reintegration of prisoners into society, provided that a right of residence in Switzerland exists;

b) encourage prisoners to make amends and support their corresponding efforts;

c) promote the processing of the offense, its causes and consequences, particularly for the victim.

1. During enforcement, the security needs of the public, staff, and inmates must always be taken into account.

2. All identification documents of the inmates are taken into custody upon entry until release from the facility. Upon a justified request by the inmate, an identification document may be temporarily handed over before release. The collection and final return, as well as the non-issuance or loss of Swiss identity documents, must be promptly reported to the competent cantonal authority in accordance with Article 13 of the Federal Act on Identity Documents for Swiss Nationals (Identity Documents Act, AwG) of 22 June 2001.

1. The Director

a) * leads the correctional facility and manages its personnel;

b) * chairs the management conference and represents the correctional facility externally;

c) decides on the issuance, amendment, and repeal of the house rules and regulations and submits them to the supervisory authority for approval;

d) * appoints a deputy with the approval of the Department of Economic Affairs and Internal Affairs;

e) * is responsible for ensuring the execution of imposed sanctions in accordance with legal provisions and for maintaining order and security in the correctional facility;

f) ensures the implementation of care-oriented imprisonment as well as efficient and cost-effective operational processes;

g) proposes the abolition of existing and introduction of new trades;

h) coordinates and oversees the fulfillment of duties by staff, directs their deployment, and ensures professional training and development of personnel;

i) * is the appointing authority in accordance with § 2 of the Personnel and Salary Ordinance[4] subject to the approval by the Department of Economic Affairs and Internal Affairs for the appointment of the members of the management conference;

k) * prepares the budgets, annual reports, and biannual yearbooks for the Department of Economic Affairs and Internal Affairs;

l) * submits monthly reports to the Office for Correctional Services.

1. The Director of Commerce and Finance

a) * is responsible for the commercial, financial, and structural matters of the correctional facility;

b) * particularly oversees finance, construction and maintenance, domestic economy, as well as commercial enterprises and agriculture;

c) * participates in an advisory capacity in the hiring process, insofar as it concerns personnel within his or her area of responsibility.

1. The Head of Execution

a) is responsible for matters related to execution techniques and ensures, in collaboration with the Head of Security Services, compliance with legal requirements in the execution of sanctions;

b) * supervises the departments of Health Services, Social Services, Administration, as well as Education and Leisure within the correctional facility and is responsible for the ongoing training of personnel involved in care services;

c) * handles disciplinary cases, reviews execution openings, and submits applications to the Director, or decides independently in their absence;

d) * provides advisory input in the recruitment process, insofar as it pertains to personnel within their area of responsibility.

1. Head of Security Services

a) * directs the personnel responsible for guarding and supervision within the correctional facility;

b) * ensures, together with the Head of Corrections and the Head of the Central Prison, the security of the facility;

c) * supervises the execution in the high-security unit of the correctional facility and in the heightened security department of the central prison;

d) is responsible for the maintenance of all security installations and security technology, as well as for the continuous training of personnel employed in security services;

e) * participates in an advisory capacity in the hiring process, insofar as it concerns personnel within their area of responsibility.

**1. The Director of the Central Prison**

a) * supervises the personnel responsible for guarding and caring for inmates in the central prison;

b) ensures security in the central prison together with the Head of Security Services;

c) is responsible for the implementation aspects of the central prison and, in collaboration with the Director of Corrections and the Head of Security Services, ensures compliance with legal regulations in the execution of custodial sanctions;

d) is responsible for handling disciplinary cases within the central prison (exceptions: Security Department II and Department 60plus) and submits them to the Director for a decision;

e) independently decides on corrective measures;

f) coordinates and oversees the task performance of employees in the central prison and is responsible for the ongoing training of personnel working there;

g) participates in an advisory capacity in the hiring process, insofar as it concerns personnel within their area of responsibility.

1. The Leadership Conference consists of the Director, the Head of Trade and Finance, the Head of Enforcement, the Chief of Security Services, the Head of the Central Prison, and up to two additional management staff members appointed by the Director. The Director presides over the conference.

2. The members of the Leadership Conference advise and support the Director in commercial and financial matters, in issues related to the proper enforcement of imposed sanctions, as well as in maintaining order and security in the correctional facility.

3. If necessary, additional staff members appointed by the Director may participate in the meetings of the Leadership Conference in an advisory capacity.

1. The remaining employees perform the tasks and functions according to their job description, possibly supplemented with a list of duties.

1. Employees perform their work in accordance with the internal regulations and the institution's guiding principles.

2. They conduct themselves properly at all times towards superiors and colleagues and support each other in service.

3. Through their behavior and correct fulfillment of duties, they serve as role models for inmates. They treat inmates with respect and avoid any inappropriate familiarity. Any ill-treatment of inmates or harsh language towards them is prohibited.

4. To maintain order and security, especially to protect third parties and for self-defense, they may use firearms if necessary. The use of firearms is regulated by a directive from the director.

5. Employees are required to maintain confidentiality regarding inmates and the operations of the institution (Art. 320 of the Penal Code).

6. The procedure for addressing breaches of duty by employees is governed by the provisions of the Personnel Act.

1. The Lenzburg Correctional Facility is a non-independent institution. It is assigned to the Department of Economic Affairs and Internal Affairs, which exercises oversight.

2. The Department of Economic Affairs and Internal Affairs is specifically responsible for

a) the approval of the issuance of new or the amendment of existing house rules and regulations based on the Correctional Facility Ordinance or house rules;

b) * the approval of the appointment of a deputy for the Director and the employment of members of the management conference;

c) * the decision on applications from the Director regarding the abolition of existing or the introduction of new trades;

d) * the review of budgets and annual reports;

e) the handling of complaints from prisoners.

1. Actions considered culpable breaches of duty that result in disciplinary measures include, in particular

a) Violence, threats, or insults directed at staff, fellow inmates, or other persons;

b) Escape, attempted escape, or efforts in furtherance thereof;

c) Smuggling and possession of prohibited items;

d) Offenses related to alcohol and drugs, with refusal to provide blood and urine samples, as well as breath tests, treated as equivalent violations;

e) Damage to and appropriation of others' property;

f) Disobedience to orders issued by staff.

1. The disciplinary authority over inmates is vested in the director as well as their deputy.

2. The director has the following disciplinary sanctions at their disposal

a) oral or written reprimand;

b) * withdrawal, refusal, or restriction of privileges, particularly by limiting leisure time and external contacts, as well as by confiscating radio and television for a specified period;

c) * restriction on the use of wages or training allowances;

d) * fines;

e) * confinement in the living cell;

f) * conditional or unconditional detention for up to 20 days.

3. For security reasons and in case of a risk of collusion, preventive detention for up to 24 hours may be ordered before the issuance of the disciplinary order.

4. Multiple disciplinary sanctions can be imposed simultaneously.

5. The criminal prosecution of a disciplinary offense is reserved.

6. The director may delegate disciplinary authority to other staff members in regulations. The delegation does not include the imposition of detention or security measures.

1. Prisoners may file a written and reasoned appeal against the disciplinary order to the Department of Corrections within three days of receipt. The deadline is met if the appeal is handed over to the staff within three days.

2. The Director shall immediately forward prisoners' appeals against disciplinary orders to the Department of Corrections along with a statement.

3. If the appeal is upheld, the Department of Corrections may impose another disciplinary sanction pursuant to § 12 paragraph 2.

4. Decisions by the Department of Corrections in disciplinary matters can be challenged with an administrative court appeal within 30 days of receipt.

5. Otherwise, the provisions of the Administrative Procedure Act apply.

1. Prisoners may file a complaint with the Director against orders and decisions made by staff members.

2. Orders and decisions on complaints made by the Director may be contested by filing a complaint with the Office of Corrections. The decisions of this Office can further be appealed by an administrative court complaint.

3. The provisions of the Administrative Procedure Act apply. Deviating provisions in disciplinary matters remain reserved.

1. The legal protection of employees is governed by the provisions of the Personnel Act.

1. This regulation is to be published in the collection of laws. It shall come into force on March 1, 2004, with the exception of § 11. § 11 shall come into force on April 1, 2005.

1. Upon the entry into force of this regulation, Sections 1, 2, 3 letters b and c, as well as Sections 7-14 of the Decree on the Organization of the Penal Institution Lenzburg dated October 27, 1959, are repealed.

2. Sections 1a, 3 letter a, 4-6, and 16 of the Decree on the Organization of the Penal Institution Lenzburg dated October 27, 1959, are repealed effective April 1, 2005.