Decision of the Governing Council on the Cantonal Prison - Modes of Execution

1. The cantonal prison serves in the following priority for the execution of

a) pre-trial detention including police custody;

b) preparatory and deportation detention or extradition detention;

c) security detention;

d) custodial sentences as part of the penal system in accordance with the Swiss Penal Code;

e) military arrest.

1. This resolution and the subsequent decrees (e.g., house rules) apply to all types of execution mentioned (Article 1), provided that criminal or juvenile criminal procedure legislation does not contain any differing provisions.

2. In cases of pre-trial detention and security detention, the person responsible for the proceedings (procedural director) may issue different orders.

1. The Department of Justice, Police, and Military, subject to the powers of the procedural director, exercises supervision and organization over the cantonal prison and takes the necessary organizational measures.

1. The life of prison inmates shall be adapted to the general living conditions as far as possible. The execution of sentences shall be designed to be as liberal as possible, provided that this does not impair security or disturb coexistence in the cantonal prison. Restrictions should be proportionate to the achievement of this purpose.

1. Prisoners are generally to be accommodated in individual cells. They may only be housed in communal cells if the procedure supervisor grants permission for such an arrangement. In making this decision, the procedure supervisor takes into account the risk of collusion and flight. The different types of incarceration are to be executed separately.

1. For the admission of a prisoner, a legally binding judgment, a decision regarding the commencement of the sentence prior to the official start date, or an order from the proceedings' officer is required.

2. The individuals admitted are received and incarcerated by the cantonal police.

3. They are questioned about their health condition prior to the commencement of the detention. In case of doubt, a physician (either the cantonal doctor or the on-call doctor) must be consulted. The proceedings' officer must be notified in such cases. A record of entry, exit, special occurrences, and personal details must be maintained.

4. Prisoners generally wear their own clothing.

1. The body search may only be conducted if there is specific suspicion that items are being carried on the body, the possession of which is legally prohibited, or which may threaten the safety of staff and fellow inmates, as well as the orderly coexistence in the cantonal prison. This should be performed by a person of the same sex or by a doctor. If circumstances require, the cantonal police may order an extended body search by a doctor.

2. In the event of suspicion of drug or alcohol consumption, appropriate tests may be ordered, and their costs charged to the offending inmate. Defiance or refusal will be punished disciplinarily.

3. The doctor shall examine the health condition of the inmates as necessary and advise the procedure leader. With regard to this consultation, the doctor - insofar as it is necessary for the operation and procedure - is released from their confidentiality obligation. Inmates are required to provide comprehensive information about their health condition and, in particular, to disclose contagious diseases or conditions that require special treatment. Immediate notification must be made to the procedure leader.

4. The inmate is only allowed to take personal effects into the cell, which they cannot do without and which do not pose a risk to the execution. An inventory of the confiscated items must be maintained.

1. The Cantonal Police shall ensure that detainees are provided with sufficient opportunities for personal hygiene. Clean bedding, towels, and washcloths, as well as soap, must be made available regularly.

1. The authorization to visit the prisoners is granted by the responsible procedural officer. The constitutional minimum entitlement must be observed in this process. Visiting hours are determined by the procedural officer in consultation with the cantonal police.

2. Visits are generally supervised. Visitors may be searched as deemed necessary. The procedural officer and the cantonal police may waive supervision if they may reasonably assume that their trust will not be abused.

1. Incoming and outgoing letters, packages, newspapers, and books, etc., are generally subject to inspection by the cantonal police or the investigating officer.

2. Shipments may not be forwarded if they could jeopardize detention or the investigation. The decision on this matter is at the discretion of the investigating officer. The prisoner must be informed in the event of retention.

1. Loudspeakers must be kept at room volume. No disturbances should affect the night-time peace between 11:00 PM and 6:00 AM.

2. Prisoners may have newspapers or magazines delivered at their own expense with the consent of the procedure director.

1. Observations regarding the content of supervised conversations and monitored transmissions are subject to official secrecy.

1. Prisoners may, upon request and with the approval of the proceedings director, be attended to by a chaplain.

2. The chaplain is not permitted to act as an intermediary between prisoners or third parties.

1. The cantonal police ensure that prisoners receive their entitlement to outdoor exercise as derived from the Federal Constitution.

2. The segregation of prisoner categories, as ordered for accommodation, also applies to outdoor exercise.

3. Prisoners who are deemed to be a flight risk must complete their outdoor exercise under special security measures. The prisoners must obey the officers' instructions. If instructions are not followed, the outdoor exercise may be terminated.

1. Recreational Activities in the Cell are approved by the procedure director, provided that they do not endanger security or the prison regulations. Misuse of the issued items is to be sanctioned by withdrawal.

1. The consumption of alcoholic beverages or drugs is prohibited, as is the use of medications unless they have been authorized or prescribed by a doctor.

1. Responsibility for Release from Custody

The release from custody is the responsibility of the proceedings officer. The release is executed by the cantonal police.

1. Life in the cantonal prison requires mutual consideration and discipline. Inmates must behave correctly and helpfully. They must follow the orders of the cantonal police and the procedural officer.

2. Violations of these regulations and instructions from the staff may be disciplined by the procedural officer.

1. Special attention must be given to prisoners who are at an increased risk of escaping or pose a threat of violence towards themselves, others, or property. The Cantonal Police or the procedure leader may implement appropriate security measures.

2. The primary security measures to be considered include

a) Removal of furniture, personal items, or clothing that may be misused;

b) Limitation or temporary withdrawal of outdoor movement;

c) Other suitable measures.

1. The time spent in a hospital or psychiatric clinic shall not be counted towards the prison sentence if the prisoner fraudulently caused the transfer or the extension of the stay in the hospital or clinic.

2. If the transfer to a hospital or psychiatric clinic becomes necessary due to illnesses or other causes that clearly existed before the commencement of the sentence, the competent authority shall decide on the counting towards the sentence.

3. If a prisoner is unfit or no longer fit to serve the sentence, the competent authority shall decide, after assessment by a physician, on the suspension of the execution of the sentence or its continuation in a suitable facility. Days of escape are considered as an interruption of the sentence.

1. This resolution enters into force upon adoption by the Council of the Order.