Ordinance on the Execution of Sentences and Measures and Probation Services - Scope of Regulation

1. This regulation governs the enforcement of criminal sanctions, including probation assistance, directive supervision, and social support, subject to the provisions of federal law and superior cantonal law.

1. The enforcement shall be conducted in accordance with the guidelines issued by the Eastern Switzerland Penal Enforcement Commission, insofar as the law or this ordinance does not provide for any other regulation.

1. The Department of Internal Affairs and Security is responsible for the enforcement of criminal sanctions in accordance with Art. 3 JVG.

2. For this purpose, it operates a department for the execution of justice.

3. The court treasury is subordinate to the Department of Finance.

1. The Office of Correctional Services undertakes, subject to special competencies, all tasks that are incumbent upon the enforcement authority pursuant to Art. 439 of the Code of Criminal Procedure.

2. It is responsible for the criminal sanctions imposed in the canton and for the execution planning in consultation with the competent correctional facility or the specialist commission.

3. It is responsible for probation assistance pursuant to Art. 93 of the Swiss Criminal Code.

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1. The Office for Internal Affairs executes deportations.

2. It decides on the deferral of the execution of a deportation.

1. The Youth Prosecution Office is responsible for the enforcement of penalties and protective measures concerning juveniles.

2. On behalf of the Youth Prosecution Office, the Office for Penal Enforcement executes personal services pursuant to Article 23 of the Juvenile Criminal Code. Additionally, the Youth Prosecution Office may assign the Office for Penal Enforcement to execute custodial sentences under Article 25 of the Juvenile Criminal Code on convicted individuals who have reached the age of majority.

3. If cost participation in accordance with Article 45 paragraphs 5 and 6 of the Juvenile Criminal Procedure Code is possible, the Youth Prosecution Office clarifies the financial circumstances of those obliged to provide support and the juvenile. Those obliged to provide support and the juvenile must disclose their financial circumstances.

4. The Youth Prosecution Office orders the cost participation of those obliged to provide support and the juvenile.

1. The Court Cash Office is responsible for

a) the collection of fines pursuant to Art. 35 of the Criminal Code and penalties pursuant to Art. 106 of the Criminal Code;

b) the issuance of reminders and initiation of enforcement proceedings in the event of non-payment of the fine or penalty, if there is a prospect of success;

c) the notification of the enforcement agency regarding the uncollectibility of the fine or penalty.

1. If the proceedings authority grants the early commencement of enforcement pursuant to Art. 236 of the Code of Criminal Procedure, the enforcement authority shall take the necessary measures.

2. If a person is in early penal or measure enforcement, the enforcement authority may only order enforcement relaxations in exceptional cases and with the consent of the proceedings authority.

3. The order for early enforcement of measures presupposes that a suitable enforcement facility is available. The proceedings authority may obtain an opinion from the enforcement authority in this regard.

4. The proceedings authority decides on applications for release, as well as for interruption of sentence or measures.

5. The enforcement authority decides on conditional release after the judgment has become legally binding.

1. The Youth Advocacy Service provisionally orders a protective measure if personal, educational, or health care cannot be guaranteed in any other way.

1. Victims and other persons pursuant to Article 7, paragraph 1 of the Act, insofar as they are known to the enforcement authority, shall be informed in writing of their rights to information at the beginning of the enforcement procedure.

2. Convicted persons shall be heard in writing at the beginning of the enforcement procedure according to Article 7 of the Act.

1. The enforcement authority may grant the convicted person leave and furlough.

2. Applications for leave and furlough must be submitted in writing to the institution's administration with an indication of the reason. The administration forwards the application with its comments to the enforcement authority, unless the authority to grant leave and furlough has been delegated to the correctional facility.

3. The approval may be subject to the fulfillment of conditions and compliance with requirements. In particular, accompaniment during leave and furlough may be ordered, adherence to a furlough program may be required, and a monetary amount as security may be demanded, insofar as the balance from earned income is not already sufficient as security.

4. Persons at risk of flight do not receive leave or furlough. They are presented by the police or by employees of the correctional facility if there are reasons for educational leave.

1. The enforcement authority may grant individuals work release or work and residence release in accordance with the conditions set out in Article 77a of the Swiss Criminal Code (StGB).

2. Work release and work and residence release are preliminary stages of release from a custodial sentence, custodial measure, or detention. They serve the gradual reintegration of the convicted person by permitting external work or education and external living arrangements.

3. If the conditions for granting are no longer met, or if the convicted person does not comply with the terms or conditions, the work release or work and residence release will be terminated.

4. Instead of work release or work and residence release for a duration of 3 to 12 months, the enforcement authority may order electronic monitoring.

1. The forms of execution for custodial sentences are considered as follows

a) semi-detention;

b) electronic monitoring;

c) standard detention;

d) community service.

2. The enforcement authority shall set a deadline for the convicted person, no later than with the summons to commence the sentence, for submitting a substantiated application for the approval of a special form of execution.

3. If no application is submitted within the set deadline, the custodial sentence shall be served in standard detention.

1. The enforcement authority may grant individuals the form of semi-detention according to the prerequisites set forth in Art. 77b para. 1 of the Swiss Criminal Code (StGB). The approval may be subject to conditions and requirements.

2. If the convicted person no longer fulfills the prerequisites at the commencement of the sentence or during the enforcement of the sentence, especially if they misuse the time outside the facility, fail to return or return late despite a warning, return in an intoxicated state or under the influence of drugs, or possess, consume, or distribute alcohol or drugs within the facility, the semi-detention will be terminated and the sentence will be served in regular detention.

3. In cases of minor misconduct, the termination of semi-detention may be waived.

1. The enforcement authority may grant persons the form of execution of electronic monitoring in accordance with the criteria set out in Art. 79b paragraphs 1 and 2 of the Criminal Code. The approval may be subject to conditions and stipulations.

2. The approval additionally requires

a) mobile phone reception or a landline connection at the residence;

b) proof of personal liability insurance of the convicted person;

c) the consent of the convicted person and the adults living with them in the same residence that the enforcement authority is permitted to enter the residence at any time during electronic monitoring, even without prior notification.

3. The convicted person retains the earnings from their employment. They contribute a portion of these earnings towards the execution costs.

4. The enforcement authority determines the amount of the convicted person’s contribution to costs, which is to be secured through regular advances. It may waive the cost contribution partially or entirely.

1. The enforcement authority shall create the enforcement plan in collaboration with the convicted person. This plan specifically regulates

a) the commencement of enforcement;

b) the enforcement objectives, including any measures for restitution and addressing the crime;

c) the implementation of directives and conditions;

d) the scope and content of psychosocial support;

e) the weekly schedule.

2. For each working day, the convicted person is allowed a maximum timeframe of 14 hours outside the accommodation for work or education, leisure, shopping, medical visits, official appointments, and participation in therapies outside the correctional facility.

3. The weekly schedule is periodically reviewed and adjusted by the enforcement authority as needed.

4. The enforcement authority may delegate the execution of electronic monitoring to other state institutions.

1. The electronic monitoring shall be terminated if

a) the conditions for approval are no longer met;

b) the convicted person abuses the special form of enforcement, in particular by disregarding the weekly program, possessing, consuming, or distributing drugs, violating any conditions, or tampering with or attempting to tamper with the monitoring devices;

c) the payment of the advance on costs is refused.

2. In cases of minor misconduct, termination can be avoided. Instead, the granted free time may be restricted.

3. After an unforeseen loss of employment, termination can be avoided if the convicted person finds another suitable job within fourteen days during the electronic monitoring period and if supervision and monitoring during the unemployment period are ensured.

4. If a criminal investigation is initiated against the convicted person, the execution of electronic monitoring may be suspended and terminated upon conviction.

1. A convicted person serves their sentence of imprisonment either wholly or partially in an open correctional facility if

a) Semi-detention is not applicable, and

b) The limited supervision and control measures are deemed sufficient to prevent escape, prevent new offenses, and particularly to protect the public.

2. Under the condition specified in paragraph 1(b), detention can also be served in an open correctional facility.

1. "Closed" refers to correctional facilities or sections of correctional facilities that, due to their nature and operation, are suitable for preventing escapes or dangers to third parties. If other forms of detention are not applicable, imprisonment and committal are executed under closed conditions.

1. The execution authority may authorize individuals to serve their sentence in the form of community service, according to the conditions set forth in Art. 79a paragraphs 1 and 2 of the Criminal Code. The authorization may be subject to conditions and requirements.

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1. The execution authority maintains a list of deployment institutions that are willing and suitable to carry out community service work. The lists of deployment institutions from the execution authorities of neighboring cantons are recognized.

2. After approval of the form of execution of community service, the convicted person must reach an agreement with one of the listed deployment institutions concerning the work assignment within a specified deadline. The signed agreement must be submitted to the execution authority.

3. If an out-of-canton deployment institution is selected, the agreement must include a statement from the deployment institution assuming the reporting and certification obligations pursuant to Art. 23.

1. The enforcement authority reviews the agreement and approves the community service.

2. The enforcement approval specifically contains the framework conditions of the community service, particularly the type and form as well as the period within which the service is to be performed, the personal details of the convicted person, and the address of the employing organization, along with the responsible contact person.

1. Community service work is carried out in addition to regular working and training hours, during leisure time, or during holidays.

2. The enforcement authority supervises the community service work and conducts inspections at the employing placement institution.

1. The responsible contact person of the employing institution is obligated to promptly report to the enforcement authority any violations of the framework conditions, particularly if agreed work assignments or agreements regarding the obligation to work are not adhered to.

2. The employing institution certifies to the enforcement authority the successful completion of the community service.

1. The enforcement authority shall revoke the permission for the execution of a custodial sentence in the form of community service if

a) * the requirements for permission are no longer fulfilled;

b) * the convicted person fails to submit an assignment agreement within an extended deadline;

c) * the convicted person opts out of continuing or does not comply with the work schedule despite a reminder;

d) * the convicted person does not adhere to the established conditions and requirements despite a reminder, particularly if they appear for assignments under the influence of alcohol or drugs, do not handle entrusted items with care, deliberately damage property, disregard orders, or behave inappropriately towards the staff of the deployment institution or third parties, making further cooperation unacceptable.

e)-h) * ...

2. The reminder referenced in Para. 1 lit. c and d can be omitted in cases of urgency or for significant reasons, particularly if the proper operation of the deployment institution is at risk or if, due to the behavior of the convicted person, a proper completion of the community service cannot be expected.

3. If a criminal investigation is initiated against the convicted person, the execution of community service may be suspended and, upon conviction, the permission may be revoked.

**1. Therapies are aimed at reducing the risk of reoffending and are fundamentally oriented towards the offense.**

**2. The enforcement authority commissions a suitable professional to conduct the therapy. The goals, type, form, and procedure of the treatment are stipulated in an agreement. The professional is obligated to report on the course of the therapy and to promptly inform the enforcement authority of any specific incidents.**

**3. In outpatient enforcement of measures:**

a) *the enforcement authority decides on the temporary inpatient treatment of the convicted person to initiate outpatient treatment;*

b) *the enforcement authority regularly verifies whether the convicted person complies with the outpatient treatment or the instructions;*

c) *the enforcement authority assesses whether to continue or terminate the outpatient treatment;*

d) *the enforcement authority petitions the court for the extension of the treatment, the enforcement of deferred sentences, or the imposition of an inpatient therapeutic measure.*

**4. For inpatient measures, the provisions concerning open and closed regular enforcement apply accordingly.**

1. The Public Prosecutor's Office, the judiciary, and the enforcement authorities report to the competent probation service authority the individuals for whom probation assistance, social supervision, or a prohibition on activities, contact, and area restrictions under Art. 67 et seq. of the Criminal Code has been ordered.

2. The competent probation service authority shall notify the ordering authority when

a) the convicted person evades probation assistance or does not comply with agreements;

b) the convicted person disregards instructions;

c) probation assistance or instructions are not feasible or no longer necessary;

d) the convicted person disregards a prohibition on activities or a prohibition on contact and area restrictions.

1. Convicted persons are obligated to comply with the directives imposed on them in the judgment or order, as well as with the appointments and agreements with probation officers.

1. The competent authority for probation services may request the police to issue a search for the whereabouts of convicted persons who evade an ordered probation service or violate an occupational, contact, or area prohibition pursuant to Art. 67 et seq. of the Penal Code, or demand their delivery.