Ordinance on Enforcement Bodies - Scope of Regulation

1. This regulation contains provisions regarding the Gmünden Penal Institution, the Cantonal Prison of Appenzell Ausserrhoden, and the other detention cells.

1. The execution is governed by the guidelines issued by the Eastern Swiss Penal Enforcement Commission, insofar as the law or this regulation does not provide otherwise.

1. Medical care is the responsibility of the institution's physician and psychiatrist. The competent department enters into service agreements with them.

2. The institution's doctors and psychiatrists perform their duties in collaboration with the health service according to Art. 4. They are responsible for referrals to additional medical and/or therapeutic specialists, if needed.

3. A medical visit takes place weekly in the facility. If necessary, a doctor can be consulted immediately.

4. Dental treatments are provided insofar as they are urgent and necessary. The facility appoints the dentist. The person admitted is responsible for the costs or, if unable to pay, the community responsible for social assistance covers the costs.

1. In the Gmünden Correctional Facility, there exists a healthcare service, which is appointed by the Director. This healthcare service serves as the first point of contact for health-related matters within the Correctional Facility and the Cantonal Prison of Appenzell Ausserrhoden.

2. The healthcare service is particularly responsible for the following tasks: It

a) conducts an interview with newly admitted individuals to assess their health situation. It reviews prescribed medications and prepares the medication sheet;

b) evaluates sick admitted individuals, provides them with medications from the facility's pharmacy, treats minor wounds, performs blood sampling if necessary, and consults the facility's physician or psychiatrist when needed;

c) maintains the appointment list for the facility physician's weekly medical rounds and coordinates the consultation hours of the facility psychiatrist;

d) manages the facility's pharmacy, handles medication orders, and dispenses medications to admitted individuals;

e) supports admitted individuals in self-management in dealing with illnesses.

1. If the health condition of the admitted person requires inpatient treatment, the correctional facility shall obtain the consent of the committing authority before the transfer. In urgent cases, the facility management shall arrange for the transfer while promptly informing the committing authority.

2. For persons who are a flight risk or pose a danger to the community, security monitoring must be ensured.

1. Medical care is provided while maintaining medical confidentiality.

2. To the extent that the specific situation of a confined community in a limited space, the care duties, or safety require it, the treating medical specialist may inform the institution's staff if

a) the admitted person consents;

b) they have been released from the confidentiality obligation by the supervisory authority;

c) the admitted person themselves or third parties are acutely and seriously endangered.

3. It must be ensured that only authorized individuals can access the medical records of the admitted person.

1. The trade, possession, and consumption of alcohol, illegal drugs, and unauthorized medications are prohibited in the correctional facility.

2. Permitted are medications that have been prescribed by a physician, reviewed by the institution's doctor, and dispensed by the health service of the correctional facility.

1. Admitted individuals shall receive three meals daily. A balanced and adequate diet is ensured.

2. Dietary meals and additional provisions or nutritional supplements shall be administered upon prescription by the institution's physician.

3. Special requests that admitted individuals justify with their worldview or religion shall be considered insofar as possible.

4. For admitted individuals who are held in the detention cells of the cantonal police, the provision of meals shall be provided by the cantonal police.

1. If an admitted person refuses to take food and drink out of protest, the institution's doctor shall be informed.

2. The institution's doctor shall inform the admitted person about the risks of refusing food intake. If there are language barriers affecting communication, a translator or another suitable assistant shall be consulted.

3. If the admitted person is competent and confirms in writing, of their own free will, that they do not wish to be artificially fed even in the event of loss of consciousness, the correctional facility shall respect this wish. Admission to a hospital is governed by Article 5 of this decree.

4. Despite the expressed refusal of food intake, meals shall be offered to the admitted person three times daily, and access to beverages shall be ensured at all times.

1. A Protestant Reformed and a Roman Catholic institutional chaplaincy service are responsible for the regular pastoral care of the admitted individuals.

2. Admitted individuals who belong to other religious communities may request pastoral care from a minister of their faith.

3. The director decides on a case-by-case basis about the admission. Admission will be denied if it

a) could severely disrupt the operation of the detention facility, or

b) represents a circumvention of the rules regarding visitation rights.

4. The minister does not forward messages or gifts from third parties to the admitted person.

5. The minister can organize worship service visits in consultation with the director.

1. The institution's staff shall treat the admitted persons with decency and humanity, avoiding any offensive behavior.

2. The staff is prohibited from entering into legal transactions with the admitted persons, particularly from having them perform work or provide services.

1. Every admitted person is generally given the opportunity to shower once a day.

1. The costs for repairing self-inflicted damages to the cell and its facilities will be charged to the admitted person.

2. Furthermore, the competent department is entitled to file a criminal complaint for property damage.

1. Items whose possession is prohibited in the correctional facility are to be confiscated by the institution's administration.

2. The institution's administration decides, depending on the nature of the contraband, on its destruction or utilization.

3. In the event of utilization, the proceeds go to the Prisoner Support Fund.

1. The rights and obligations of the admitted individuals are further regulated by the house rules.

2. The house rules particularly contain provisions concerning entry and exit, personal effects, enforcement and measure plans, living and leisure activities including catering, electronic devices and clothing, work, external relations, medical care, therapeutic offerings and pastoral care, prohibitions, disciplinary matters as well as execution levels, work furlough, and semi-detention.

3. The admitting authority may issue orders deviating from the house rules in favor of children and adolescents.

1. Admitted individuals are allowed to receive gifts. The gifts are inspected prior to delivery.

2. The admitting authority may impose restrictions if the volume of gifts significantly hinders adequate inspection.

3. The admitting authority may, in individual cases, order that only those gifts be delivered which have been procured by the institution's staff at the expense of the third party.

1. The possession and use of electronic devices such as televisions and IT equipment are regulated by the house rules. These rules specify in particular the conditions for renting and privately acquiring such devices.

2. Prohibited are devices that serve to connect with other electronic devices or with the outside world, as well as data carriers whose content violates legal provisions or endangers security and order within the correctional facility.

3. Devices and data carriers may be inspected at any time. The facility management may restrict or prohibit possession and use in cases of abuse and violations against order and security.

1. Legal transactions between committed individuals, particularly purchases, exchanges, gifts, loans of objects, and the granting of loans are generally prohibited.

2. The institution's management may permit exceptions if this is in the interest of the affected committed individuals and is compatible with the purpose of imprisonment or detention.

1. The Director or the Deputy Director shall decide on the applications from penal enforcement authorities regarding the admission of committed persons, in accordance with the relevant regulations.

1. Upon admission to the correctional facility, the admitted person shall be informed of their rights and obligations in a language they understand. The relevant provisions shall be provided to them.

2. After admission, the admitted person shall be afforded the opportunity to have a conversation with a member of the institution's management.

1. The enforcement of penalties is guided by the offenses, the risk potential, and the developmental needs of the committed individual, aiming to enhance personal responsibility and ensure social integration in Switzerland or in the home country.

1. Inmates are entitled to a daily walk of at least one hour outdoors.

2. The daily walk is generally available even to those who have been subject to disciplinary punishment.

1. The admitted person is obligated to work. When assigning work, the person's abilities and interests shall be considered as far as possible.

2. The admitted person is entitled to a remuneration for their work.

3. The remuneration is proportionally divided between a blocked account and a free account.

4. The correctional facility shall, within its capabilities, provide opportunities for personal education and further training of the admitted persons.

5. School attendance and attendance at training and further education events are mandatory for admitted persons for whom this is specified in the execution plan.

1. The committing authority may grant the admitted person leave and furlough.

2. Requests must be submitted in writing to the institution's administration, stating the reason. The administration forwards the request along with its opinion to the committing authority, provided that the authority to grant leave and furlough has not been delegated to the correctional facility.

1. Incoming and outgoing correspondence will be monitored.

2. Correspondence is generally not subject to quantitative restrictions. A restriction may be imposed by the institution management if the volume of correspondence significantly complicates adequate control.

3. If a translation is required for the monitoring of foreign language letters, the costs of the translation can be charged to the admitted individual.

4. Legal and complaint-related mail is not subject to any restrictions.

5. The admitted individual may receive and send packages according to the instructions of the institution management. Incoming and outgoing packages will be monitored.

1. Telephone Calls

Telephone calls are permitted to individuals admitted to the institution as directed by the institution's administration. The admitted individual will not be called to the phone. Calls may be monitored after prior written notification to the admitted individual.

1. The institution's management grants visits to admitted persons within the framework of the house rules.

2. Only visits that do not jeopardize the institution's rules or the adherence to the execution plan are approved. Only admitted persons who are not entitled to leave can receive visits. Relatives or other close persons may be admitted as visitors, with no more than three adult persons allowed per visit. Children up to the age of 16 are only admitted when accompanied by adults.

3. Meetings with legal and authority representatives, medical professionals, persons from pastoral care, and probation services are not considered visits.

4. Visitors must provide identification.

5. Institutional staff may be present in the visiting rooms.

6. In the case of inappropriate behavior by a visitor or suspicion of the delivery of unauthorized items, institutional staff may immediately interrupt the visit, conduct a superficial body search of the visitor, or take other appropriate measures.

7. Persons who repeatedly violate the visit regulations or significantly endanger the safety and order of the correctional facility in other ways can be excluded from visits by the institution's management for up to three months, and permanently in the case of repeated offenses. Permanent exclusion does not apply to spouses and life partners, children, parents, and siblings.

1. Reparation can be made in favor of individuals who have been directly affected by an offense, or in favor of their close associates who have been indirectly affected by the offense. It should be accompanied by a process of offense resolution.

2. The committed individual is supported by trained institutional staff as part of the reparation process.

3. Reparation is provided on a voluntary basis. It must take into account the material and psychological capacities of the committed individual and the needs of the victims.

1. The enforcement regime for committed persons determines the form in which reparation can be made.

2. There is direct and substitute reparation. It can be made in the form of labor, material assistance, or otherwise.

3. Committed persons can, within their financial means, make reparatory payments in favor of victims or persons close to them.

1. Direct compensation in favor of victims or persons close to them is only permissible with their consent.

2. Where the consent of the victims or persons close to them is not obtained, substitute compensation may be provided in favor of a victim support counseling center, a social or therapeutic institution, or another charitable organization.

1. The contact with victims or persons closely associated with them pursuant to Article 28 paragraph 1 must be carried out by qualified professionals. This is to avoid re-traumatization of the victims.

2. If the victim refuses contact with the person placed in care or rejects any form of direct restitution, only substitute restitution can be provided.

1. The procedural management pursuant to Art. 61 of the Swiss Code of Criminal Procedure (StPO) is considered the instructing authority.

1. Upon admission to the correctional facility, the person placed under criminal procedural detention shall be informed of their rights and obligations in a language they understand. The relevant provisions will be handed over to them.

1. Persons detained under criminal procedural law shall have their personal effects taken away; they may retain their watch, writing materials, and other personal effects that do not contradict the room regulations and the purpose of detention. An inventory of the confiscated items shall be maintained.

1. Detention in Criminal Proceedings is Generally Executed as Solitary Confinement. The Authorizing Authority May Deviate from This if the Purpose of Detention No Longer Requires Solitary Confinement.

1. Persons admitted under criminal proceedings have the right to a daily outdoor walk of one hour.

1. Incoming and outgoing mail shall be monitored. The monitoring is the responsibility of the committing authority.

2. Letters that pertain to a pending criminal proceeding or otherwise jeopardize the purpose of detention shall be rejected.

3. Article 25 paragraphs 2 - 4 shall apply mutatis mutandis.

4. Packages may only be received and sent by the person committed under criminal procedural law with the permission of the committing authority. Incoming and outgoing packages shall be monitored.

1. Persons committed under criminal procedure are generally not permitted to make telephone calls. The authority responsible for the commitment decides on the approval of exceptions. The generally unrestricted communication with the defense pursuant to Art. 235 para. 4 StPO remains reserved.

1. Persons detained under criminal procedure require approval from the committing authority for visits; the corresponding applications must be submitted to this authority in advance.

2. Only visits that do not endanger the institution's regulations or the purpose of detention will be approved.

3. Article 27 paragraphs 3 - 7 apply mutatis mutandis.

1. Persons detained under criminal procedural law shall be offered suitable work within the operational possibilities and upon their own request, provided that this does not conflict with the purpose of detention.

2. Article 23 shall apply mutatis mutandis with regard to remuneration.

1. Persons admitted under criminal procedural law may apply for social assistance pursuant to Article 96 of the Criminal Code to address personal issues related to detention or the preparation for release.

2. The prison administration, the prosecuting authority, or the courts shall inform the probation service if a person admitted under criminal procedural law requires social assistance.

3. Interactions within the framework of social assistance are generally conducted without supervision. If contacts are to be established between the incarcerated person and third parties, the consent of the admitting authority must be obtained.

4. The admitting authority provides information on significant social issues and, as far as necessary and justifiable, grants access to the criminal files.

1. The Office for Internal Affairs is the referring authority.

2. The Office for Internal Affairs, in consultation with the institution's management, may establish regulations in favor of the person detained under immigration law that deviate from Section 1 of this ordinance or the house rules. These regulations must not disrupt the operation and security of the Cantonal Prison.

1. Upon admission to the correctional facility, the person committed under immigration law shall be informed of their rights and obligations in a language they understand. The relevant provisions shall be provided to them.

1. Persons admitted under immigration law have their effects taken away; they may retain a watch, writing materials, and other personal effects that do not conflict with the room regulations and purpose of detention. An inventory of the confiscated items is maintained.

2. The admitting authority may permit the retention of additional effects, provided that this does not disrupt operations and security in the cantonal prison.

1. Individuals admitted under foreigner law are entitled to a daily walk of at least one hour outdoors.

1. Incoming and outgoing mail is checked for security reasons. The inspection is generally limited to the presence of foreign objects. The written content of the letters may be reviewed in the event of specific security concerns, following prior written notification to the person admitted under immigration law.

2. Article 25 paragraphs 2 to 5 apply mutatis mutandis.

1. Aliens Law: Persons admitted under aliens law are generally permitted to make phone calls at their own expense without supervision, in accordance with the house rules. They are not called to the phone. The conversations may be monitored after prior written notification to the person admitted under aliens law.

1. Foreign nationals assigned under immigration law require a permit from the execution facility for visits; the relevant applications must be submitted to it in a timely manner.

2. Applications are only rejected in the event of concrete indications of preparations for an escape, drug smuggling, or other threats to the facility's order.

3. Articles 27 paragraphs 3 to 7 apply mutatis mutandis.

1. Foreign nationals who have been admitted under immigration law are offered suitable employment within the scope of operational possibilities, provided this does not conflict with the purpose of detention.

2. Regarding remuneration, Article 23 applies mutatis mutandis.