Kanton Glarus

Job Title

1 The functions referred to in this Ordinance always relate to both genders.

1. In das Kantonsgefängnis werden insbesondere aufgenommen

| | | | | | --- | --- | --- | --- | | a. | Untersuchungs- und Sicherheitsgefangene; | | |

| | | | | | --- | --- | --- | --- | | b. **\*** | Auslieferungs-, Vorbereitungs-, Ausschaffungs- und Durchsetzungshäftlinge; | | |

| | | | | | --- | --- | --- | --- | | c. **\*** | Gefangene, die eine Freiheitsstrafe von längstens sechs Monaten zu erstehen haben; | | |

| | | | | | --- | --- | --- | --- | | d. | mit Freiheitsentzügen bestrafte Jugendliche; | | |

| | | | | | --- | --- | --- | --- | | e. | in polizeilichen Gewahrsam genommene Personen; | | |

| | | | | | --- | --- | --- | --- | | f. **\*** | Personen im vorzeitigen Strafvollzug; | | |

| | | | | | --- | --- | --- | --- | | g. | zu Freiheitsstrafe verurteilte oder strafrechtlich in eine Massnahmeanstalt eingewiesene Personen bis zu ihrer Überführung in die zuständige Vollzugseinrichtung. | | |

1. Der Vollzug der Freiheitsstrafen erfolgt insbesondere nach den Regeln dieser und weiterer Verordnungen des Regierungsrates, der Hausordnung und von Weisungen der zuständigen Behörden.

2. Vorbehalten bleiben

| | | | | | --- | --- | --- | --- | | a. | die Artikel 74-92 StGB; | | |

| | | | | | --- | --- | --- | --- | | b. | besondere Bestimmungen der Bundesgesetzgebung über Ausländer und Asylsuchende; | | |

| | | | | | --- | --- | --- | --- | | c. **\*** | Anordnungen der Verfahrensleitung bei der Administrativ-, Untersuchungs- und Sicherheitshaft; | | |

| | | | | | --- | --- | --- | --- | | d. | Anordnungen der Strafvollzugsbehörden. | | |

special provisions of federal legislation on foreigners and asylum seekers;

orders of the procedural management for administrative, investigative, and security detention;

orders of the correctional authorities.

Reception, Admission by the Police

1 Persons directly admitted by the Public Prosecutor's Office and the Juvenile Prosecutor's Office, and those reporting for the execution of a sentence, shall be received and confined by the prison wardens. *

2 If admission is carried out by the police, they must provisionally undertake the confinement and hand over the arrest report to the prison wardens or, if applicable, to the Public Prosecutor's Office and the Juvenile Prosecutor's Office. The arrest report must show who carried out the arrest. *

3 At night, admissions by the police shall only occur in urgent cases.

Control of Prisoners

¹ The entering prisoner must present all objects that he is carrying on his person.

Search, Body Search

1 The conducting of body searches on newly admitted persons or prisoners suspected of concealing illicit objects on their person or in their body is governed by Article 85 SCC. The body search should, if possible, be carried out in two phases. The seized objects must be listed, and in cases of significant importance, the prison management or, if necessary, the public prosecutor's office and juvenile prosecutor's office must be informed. *

2 For male prisoners, the search and body search shall be carried out by a male prison officer. *

3 The search and body search of female prisoners shall be carried out by a woman or by a doctor, who shall also be called in for any extended body search of male prisoners.

Inventory of Effects

1 The prisoner welfare officers must draw up an inventory of effects for the items taken from the prisoners; this must be signed by the prisoner. *

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Search upon Committal by the Police

1. Upon committal by the police, the search and body search are to be carried out by them and do not need to be repeated. In this case, the inventory of personal effects is to be drawn up by the police, signed (or caused to be signed), and forwarded to the Public Prosecutor's Office and Juvenile Prosecutor's Office, or to the prisoner welfare officers.

Cell Allocation

1. Prison officers determine which cell prisoners are to be accommodated in. They regularly report the occupancy of cells to the authorized authorities.

2. Female prisoners are to be accommodated, if possible, in the specially designated cell.

3.

Security Measures

1. In the case of admitted individuals for whom there is an increased risk of flight or danger of

violence against themselves or third parties, the prison management (in urgent cases, provisionally the prisoner support staff)

can, in consultation with the admitting authority, order appropriate additional measures to ensure security,

as long as the increased danger exists.

2. In particular, the following are considered security measures

a.

b.

c.

* the deprivation of furnishings, personal effects, or articles of clothing and similar items, where there is a risk of misuse;

* the restriction or deprivation of outdoor recreation;

* the placement in a suitable cell.

**Engagement of Third Parties**

1 The prison management may, with the consent of the Department of Security and Justice, engage external security personnel to support the permanent staff in order to cover personnel shortfalls among prison officers.

2 The engaged personnel must possess the required expertise and provide assurance for the flawless performance of their duties. They may be subjected to a personal security screening.

3 Engaged personnel who are entrusted with security tasks are only authorized to exercise immediate force insofar as this is necessary for self-protection or for emergency assistance to the permanent staff.

4 The prison management shall define the requirements necessary for the performance of the tasks. The Department shall conclude a service agreement with the engaged company.

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Solitary Confinement

¹ The proceedings or prison management shall, if necessary, order solitary confinement.

² Otherwise, the deprivation of liberty shall be carried out in community custody.

1. Gegenüber Untersuchungsgefangenen ist für alle Anordnungen die Staats- und Jugendanwaltschaft zuständig. Diese hat dafür zu sorgen, dass der Zweck der Inhaftierung nicht gefährdet wird.

2. Die Zuständigkeit der Staats- und Jugendanwaltschaft ist insbesondere auch bei Krankheit (Art. 31 und 32) oder Tod (Art. 33) und in Bezug auf die Gewährung von Besuchen (Art. 35) zu beachten.

* Prison Welfare Officers *

¹ The Prison Welfare Officers are subordinate to the prison administration. *

2 *

Orientation of Detainees, Duty of Control

¹ Prison welfare officers shall, immediately upon admission, provide detainees with a copy of the house rules, orient them regarding these rules, and give them the necessary instructions. They shall conduct a control of all admitted detainees. This shall include: *

a. Surname and given names, date of birth, profession, place of origin, and place of residence of the detainee;

b. Date and time of incarceration and release;

c. Cell number;

d. Detainee's health insurance provider.

Notification of Release

¹ Prison social workers collect the required statistical data and report it to the competent authorities.

* General Duties of Prison Staff *

¹ Prison officers are responsible for all tasks assigned to them by these regulations. They must ensure the implementation of the provisions of these regulations, insofar as they fall within their competence. *

2 In particular, prison officers are responsible for

a. the secure custody of prisoners;

b. cleanliness and hygiene throughout the facility;

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c. the proper and correct treatment of every prisoner;

d. escorting prisoners for outdoor exercise;

e. ensuring medical, social, and pastoral care for the inmates;

f. maintaining security, peace, and order;

g. providing appropriate and purposeful employment for the inmates.

3 Prison officers may enlist the assistance of the police in dealing with prisoners who are dangerous to the public or pose an escape risk. *

Cell Inspection

1 Prison officers shall inspect and control the cells, effects, and containers of the inmates and shall report any special occurrences to the prison management or to the public prosecutor's office and juvenile prosecutor's office.

2 If the affected inmate is not present, they shall be informed subsequently about the result of the inspection.

Reporting Obligation

1 If a prisoner wishes to appear before the prison management or the committing authority, the prisoner welfare officers must report this without delay. *

2 If a pre-trial detainee wishes to contact the public prosecutor's office and the juvenile prosecutor's office, the latter must be notified without delay. *

* Prison Household

1 The prison social workers manage the monthly inmate accounts and

settle accounts with the State Treasury, specifically also concerning board fees

and work wages. *

2 The Department determines the board fee rates in accordance with superior law

and subject to the stipulations of the Concordat.

* Personal Interaction with Prisoners

*

1 Prison staff observe the proven principles of proximity and distance in their personal interaction with prisoners. *

2 In cases of risk of collusion, the Public Prosecutor's Office and the Juvenile Public Prosecutor's Office may order that individual prisoners are not to have contact with each other. *

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1.3. Duties of the Prison Management in the Area of Prisoner Affairs *

* **Jurisdiction, Supervision**

1. The prison management is responsible for the supervision of the prison system. It monitors compliance with the relevant regulations. *

2-3 *

* **Inspection, Controls**

1 The prison management has regular cell inspections carried out and questions the inmates, in the absence of the prison officers, about maintenance and catering. In the event of deficiencies, it remedies them immediately and, if necessary, informs the superior authority. *

2 The prison officers arrange for urine tests, especially after the return of inmates from leave and if there is suspicion of consumption of illegal substances or substances prohibited in penal institutions. *

3 For the purpose of carrying out further controls, the Cantonal Police provide expert and administrative assistance upon request.

1.4. ... *

* **General Duties of Conduct**

1. Inmates must behave calmly and decently and follow the instructions of the correctional staff.

2. They shall keep their cells clean and in order and treat the prison's facilities with care.

Prohibition of Contact with Persons Outside the Prison

1 Prisoners are not permitted to converse with persons outside the prison,

nor to receive anything from them, nor to hand anything over to them. The provisions under Title 2.3 of

this Ordinance remain reserved. *

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* **Cell Furnishings, Damages**

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1 Prisoners may furnish their cells in a reasonable manner with personal items, provided that order and security are not endangered thereby. Pictures may only be hung in the designated places.

2 In the event of damage to the cell or other facilities of the prison, damages must be paid.

2.2. Work, Food, and Maintenance

* **Work of Prisoners, Remuneration**

1 Prisoners are obliged to perform the work assigned to them. The work and employment must, as far as possible, correspond to their abilities, training, inclinations, and the available job offers. *

2 Convicted prisoners may, in the event of good conduct and with their consent, be employed outside the prison.

3 Convicted prisoners may, with the consent of the prison administration, perform their own work, provided that the conditions in the prison allow it. *

4 The prison administration determines the remuneration for work in accordance with Article 12 of the Ordinance on the Enforcement in the Areas of Criminal Procedure, Execution of Sentences and Measures, and Victim Support (VSMO)2) and the applicable concordat guidelines. The remuneration is borne by the State Treasury. *

* Walks

1 Prisoners who do not work outdoors shall be permitted a walk of one

hour per day under supervision. *

2 *

3 A restriction for disciplinary reasons, compelling operational reasons, or in the case of dangerous prisoners remains reserved. *

Catering

1 Inmates receive three meals per day. Their composition shall take into

account religious affiliation as far as possible. The food shall be sufficient,

simple, and healthy.

2 Special dietary meals and other special or additional catering shall only be

provided upon the order of the prison doctor.

2) GS III F/7

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Clothing, Laundry

1 In principle, the prisoners themselves or their relatives or the social welfare or adult protection authorities are responsible for providing or covering the cost of clothing and laundry. Necessary missing clothing will be provided by the prison and taken back from the prisoners upon their release. *

2 Clothing, underwear, and bedding should be changed and washed as needed. *

Personal Hygiene

1 Inmates are obliged to maintain personal hygiene. They are granted the

following opportunities for this purpose: *

a. daily washing and shaving;

b. at least two showering opportunities per week; *

c. opportunity to have their hair cut as needed.

2 For identification purposes by the police, prisoners must appear washed,

combed, and shaved. The police must inform the inmate supervisors

sufficiently in advance. *

Illness

1 If a prisoner reports being ill or if there is suspicion of an illness, the prison officers must immediately notify the prison doctor and the prison management.

Medical Treatment

1 If the prison doctor identifies a serious or contagious illness in a prisoner that requires hospital treatment, they shall inform the prison management and, with their consent, initiate the necessary further steps. Clinical treatments shall, where possible and necessary, be carried out in a hospital with a security ward or in a psychiatric clinic. *

2 Dental treatments shall only be provided if they are urgent.

3 The costs of medical treatment are generally borne by the prisoner or their health insurance, or, in cases of welfare dependency, by the competent social welfare authority, and ultimately by the committing authority. *

* **Dispensing of Medicines**

1 Medicines may generally only be dispensed to prisoners by the prisoner welfare officers upon the orders of the prison doctor. *

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* Death of a Prisoner

1 If a prisoner dies, the prisoner care staff shall immediately notify the

Cantonal Police and the prison management. The prison management shall make the

notification to the Civil Registry Office. *

### Prison Doctor

1. The Department of Corrections, together with the prison management, ensures the medical care of prisoners through a prison doctor and their deputy.

2.3. External Contacts of Inmates with Third Parties; Pastoral Care and Privileges

Visits

1. Persons assigned to the facility may receive visitors in accordance with the house rules.

2. Visits require authorization from the prison staff or the procedural authority of the Public Prosecutor's Office and Juvenile Prosecutor's Office.

3. Corresponding requests must be submitted in advance. They will be approved if the visit neither endangers the institutional order nor the purpose of the investigation.

4. Visits are only permitted during the prison's visiting hours.

5. Visits per inmate generally last at least one hour; in special cases, a visit outside of regular visiting hours may be approved, as far as prison operations allow.

6. Visits take place in designated visiting rooms.

Exercise of Visiting Rights

1 Visitors must identify themselves.

2 A permit may, for security reasons, be made conditional on visitors

submitting to a search of their clothing and any effects they bring with

them.

3 Visitors may neither hand anything over to the inmates nor receive

anything from them. The conversation must not relate to the pending

criminal proceedings.

4 The monitoring of visits without the knowledge of those involved is not

permissible. Criminal procedure measures remain reserved.

* Letters, Parcels

1 Detainees have the right to send letters and to receive letters and

parcels.

2 Incoming and outgoing letters and other mail are subject to control by the

Public Prosecutor's Office and Juvenile Prosecutor's Office during the investigation

procedure, and by the prison welfare officers during execution of the sentence. In the

execution of criminal sentences, if there is a justified assumption that the purpose of detention

and security are not jeopardized, control may be limited to random checks.

Deviating regulations for special forms of detention remain reserved.

3 Letters with inappropriate content or communications that relate to the pending

criminal proceedings or otherwise violate the purpose of detention

will not be forwarded. The detained person must be informed if a letter

is not forwarded or handed over but instead placed on file.

4 Correspondence with criminal defence counsel and supervisory authorities may

not be controlled.

Duty of Confidentiality

1 Knowledge obtained through the monitoring of conversations and the control of letters and other mailings must be kept confidential, except when such knowledge serves the investigation.

Luxury Goods

1 There is no entitlement to alcohol consumption.

2 Prison staff may permit smoking in suitable locations designated for that purpose.

Telephone Conversations

1. Inmates may use the telephone at their own expense within the framework of the prison's internal regulations. Account must be taken of the different types of detention.

2. Messages received by telephone are only forwarded in justified cases.

3. Articles 37 and 38 apply mutatis mutandis.

* **Pastoral Care**

1 Inmates may, upon request and with the consent of the inmate care staff, be

attended to by clergy, chaplains, or preachers.

2 These visits are generally not supervised, subject to the proviso against abuse.

They should take place during regular visiting hours, if possible.

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* **Social Care**

¹ The Social Services Department is responsible for the social care of prisoners in penal institutions and in pre-trial detention. The prisoner welfare officers make the inmates aware of this social care service. *

² With the consent of the prison management, other professionals may also be consulted. *

Benefits

1. Detainees may borrow up to three books at a time from the prison library.

2. They may subscribe to up to two newspapers or magazines at their own expense; these will not be forwarded to the released individuals after their detention ends.

3. Detainees may be permitted to use a television set at their own expense. The necessary instructions for use will be provided by the detainee supervisors. If third parties are disturbed by its operation or if the device is misused in any way, it will be immediately confiscated.

4. The prison management shall restrict or prohibit the acquisition of books, newspapers, magazines, or the use of a radio or television set if these benefits endanger the purpose of detention or security, or cause significant inconvenience.

5. The prison management or the case management decides on the use of recording and playback devices as well as other electronic devices.

Vacation

1 There is no legal entitlement to vacation.

2 The granting of vacations is governed by Article 11 VSMO and the

Directive of the Eastern Swiss Penitentiary Commission. *

2.4. ... *

Art. 45-48 *

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2.5. Release

Pre-trial Detainees and Detainees for Security Reasons

1 The release of pre-trial detainees and detainees for security reasons is carried out upon order of the public prosecutor's office and the juvenile prosecutor's office, respectively, or the competent court.

* **Convicted Persons**

1. Release from penal institutions occurs automatically upon the expiration of the sentence duration or upon instruction from the competent authorities.

* **Departure, Cell Inspection**

1. Before release, the cell and its inventory must be inspected by the prison officers for any damage. *

2. Inmates are liable for damage culpably caused by them. This can be offset against the cash managed on their behalf.

3. Confiscated personal effects, documents, and cash are to be handed over to the inmates against a signed acknowledgment. Larger amounts from work remuneration are generally transferred to an inmate's account; small amounts can be paid out in cash. *

2.6. ... *

Arts. 53-54 *

3. Final Provision

Entry into Force

1 This Ordinance enters into force on July 1, 1997, and replaces the Prison Reg-

ulations of September 25, 1978. *

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