Decision of the Governing Council on Day-by-Day Execution of Sentences and Semi-Confinement - Principle

1. For the execution of sentences on a day-by-day basis or in the form of semi-imprisonment, approval from the Department of Justice, Police, and Military is required.

1. Semi-detention and sentences that can be served on a day-by-day basis are typically carried out in the cantonal prison of Appenzell or in the district prison of Oberegg. These concessions to enforcement can only be granted if the spatial and staffing conditions are met.

1. The administrative police contact the convicted individual to discuss the possibility of serving the sentence on a day-by-day basis or in the form of semi-imprisonment. The convict must submit an application with a written justification to the administrative police.

2. The administrative police ascertain the conditions for the attention of the State Ensign. The latter then decides on the application and issues an order to commence the sentence.

3. The administrative police arrange the timing for the execution of the sentences in accordance with this decision.

1. The convicted person shall appropriately contribute to the enforcement costs (including the costs for meals).

2. For decisions pursuant to Article 3, paragraph 2 of this decree, a fee may be charged in accordance with the Ordinance on Fees of the Cantonal Administration and Judiciary.

1. All transportation costs shall be borne by the prisoner.

2. Insurance against sickness, occupational, and non-occupational accidents is the responsibility of the prisoner or the prisoner’s employer. The prisoner is only insured against accidents within the prison.

1. The benefit of semi-detention and day release shall be revoked if

a) the conditions for granting it no longer exist;

b) the prisoner abuses the benefit, for example, by violating the conditions and requirements contained in the approval, or

c) the prisoner renounces the continuation.

2. The convicted person shall be heard before the decision is made.

3. In minor cases, a warning may be issued.

1. Special forms of execution are not allowed for fines converted into prison sentences. They are also excluded in cases of flight or public danger, as well as for remaining sentences.

1. The vacation regulation is governed by the currently applicable guidelines of the Eastern Swiss Penal Execution Commission.

2. The authority responsible for granting leave is the administrative police. In this regard, binding conditions can be imposed on the prisoner concerning the place of overnight stay, prohibition of alcohol, etc.

1. Visits are generally not granted, provided that the prisoners have the opportunity to maintain personal contacts during the time they spend outside the institution.

1. Sentences of imprisonment ranging from six months to one year may be served in the form of semi-detention according to the Swiss Criminal Code.

1. Prisoners in the facilitated form of custody known as semi-custody may visit their doctor during working hours. In case of incapacity to work, the prisoner must remain in the cell. They also have the right to visits from their attending physician.

1. The specific provisions regarding the enforcement, including the duration of stays in the prison, are regulated by the administrative police. In principle, the prison may be left no earlier than 7:00 a.m. Absence from the prison for the purpose of gainful employment must not exceed 13 hours.

2. Work on Saturdays is permitted in designated "emergencies," but only until 2:00 p.m. at the latest.

1. The statutory minimum requirements for conditional release are governed by federal legislation.

2. The application for conditional release must be submitted in writing to the administrative police for the attention of the competent authorities. The competent authority shall ex officio examine whether the prisoner can be conditionally released. The administrative police are required to prepare a written conduct report.

1. Sentences of imprisonment not exceeding four weeks may, upon request, be served on a day-to-day basis according to the Swiss Criminal Code.

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