Kanton Glarus (VSMO)

Scope

1 This Ordinance governs the administrative responsibilities in criminal proceedings and in the enforcement of penalties and measures in accordance with the Swiss Criminal Code and the Juvenile Criminal Code, to the extent that these are not regulated in special enactments, and designates the enforcement bodies in the area of victim support.

2 It also contains implementing provisions in execution of Article 31 EG StGB.

Department of Security and Justice

1 The Department of Security and Justice is the competent department in

the field of the execution of sentences and measures. It supervises the

organs responsible for the execution of sentences and performs all administrative tasks in this area that

are not assigned to any other body.

2 In particular, the Department is responsible for decisions regarding the

conditional release from or the revocation of stationary therapeutic

measures concerning seriously mentally disturbed offenders

(Art. 59 in conjunction with Art. 62–62d SCC), and decisions regarding the revocation or

the release of offenders from detention (Art. 64a–64b SCC). *

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*

Art. 3*

1)

GS I A/1/1

2)

GS III E/1

3) GS III F/1

4) GS III F/6

SBE IX/7 346

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* Department of Corrections *

1 The Department of Corrections is responsible for the enforcement of legally binding decisions and orders in adult criminal law, unless another administrative body is competent. *

2 It is in particular responsible for orders and decrees in connection with the enforcement of outpatient treatment according to Articles 63-63b StGB, insofar as they are not reserved for the court. It may involve the cantonal social service for individual tasks, as well as for professional advice and support, and for control, and may issue enforcement orders to it. *

2a It carries out the duties of the cantonal admission authority. *

2b-3 *

4 It prepares the decisions of the Department of Security and Justice according to Article 2. In particular, for this purpose, it obtains the necessary opinions and grants the right to be heard. *

* Cantonal Police

1 The Cantonal Police carry out the disposals and destructions of confiscated items upon the order of the competent authorities.

* Public Prosecution and Juvenile Prosecution Office

1 The Public Prosecution and Juvenile Prosecution Office executes legally binding judgments concerning criminal driving bans and registers them in the Driving Permit Register (Art. 67b SCC).

Migration Section

1 The Migration Section enforces final judgments concerning expulsions (Art. 66c SCC) and decides on a deferral of the enforcement of expulsions (Art. 66d SCC).

Department of Economic Affairs and Interior

1 The Department of Economic Affairs and Interior is the competent department within the meaning of the Cantonal Victim Assistance Ordinance.

Victim Support Services *

1 The Social Services are the competent cantonal administrative authority within the meaning of the Cantonal Ordinance on Assistance to Victims. *

* Department of Social Services of the Canton of Glarus *

1 The Department of Social Services is responsible, in particular, for: *

a.-b. *

2

the voluntarily sought social support during

the period of criminal proceedings and penal enforcement (Art. 96 SCC)

in the Cantonal Prison of Glarus;

2 The Department of Social Services of the Canton of Glarus supports the Public Prosecutor's Office and the Juvenile Prosecutor's Office, as well as the Department of Correctional Services, upon their request, within the framework of official assistance. *

2. Enforcement Proceedings for Adults *

2.1. General Provisions *

Discussion, Enforcement Planning

1 The Department of Corrections discusses an upcoming enforcement of a

sentence and measures with the convicted person if the convicted person re-

quests it.

2 The Department of Corrections coordinates the planning for the enforcement of

longer-term sentences and measures in accordance with the guidelines of the

Eastern Switzerland Penal Enforcement Commission. For this purpose, it may

consult the cantonal social services or other specialized agencies for advice,

particularly regarding risk assessments and preparation for release.

Committal

1 The Department of Corrections orders the commencement of an unconditional or partially unconditional custodial sentence, a deprivation-of-liberty criminal measure, or a special form of execution.

1a The order contains the operative part of the judgment, the necessary details regarding location and time, as well as any conditions and requirements.

2

2a Execution may also take place in suitable, recognized private facilities, particularly with regard to residential and work externates.

2b The approval of the premature execution of measures by the case management requires the consent of the competent committal authority.

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Interruption of Sentence, Transfer

1 The Department of Correctional Services decides on requests for the interruption of the execution of a sentence or measure for important reasons (Art. 92 SCC). Applications from persons in early execution of a sentence or measure regarding interruption or release from execution are decided by the case management.

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2 The Department of Correctional Services may transfer a convicted person to another correctional institution, psychiatric clinic, or recognized private institution for the continuation of the execution of the sentence or measure if

a. their condition or behavior makes it necessary;

b. their treatment makes it necessary; or

c. their reintegration is more likely to be achieved thereby.

* Leave, Furlough

1 The Department of Corrections grants leave, as well as specific, relational, and special furlough, within the framework of Article 84 paragraph 6, Article 75a of the Swiss Criminal Code (StGB) and the corresponding guidelines of the Eastern Switzerland Penitentiary Commission. The refusal of a request will be briefly justified to the incarcerated person. *

2 The Department of Corrections may reserve the authority to approve leave and furlough for transfers to extra-cantonal correctional facilities; otherwise, this authority is considered delegated. *

3 For persons who have commenced their sentence or measure early, leave or furlough may only be approved if the competent case management agrees or raises no objection. The Department of Corrections is responsible for obtaining consent. *

* Remuneration for Work

1 Incarcerated persons receive remuneration for their work performed in the Cantonal Prison Glarus, the amount of which depends on the requirements of the workplace and their performance. *

2 The Department of Security and Justice determines the rates for the different types of detention. The guidelines of the Eastern Swiss Penal Enforcement Commission regarding remuneration for work in penal institutions apply mutatis mutandis to the use and payment of the remuneration for work. *

3 For incarcerated persons who are available for work only during a part of the working hours, the remuneration for work will be reduced proportionally. *

* Procedure for Conditional Release

*

1 Conditional release is examined upon request of the convicted person or ex officio. The executing institution timely informs the convicted person that they can submit a request for conditional release to the competent authority; it submits a conduct report and makes a recommendation. The convicted person must confirm in writing their waiver of such a request.

2-3 *

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Art. 13a* Motion for Recommitment

1 Motions to the competent court for recommitment to penal or measure execution are filed by the executing authority that conditionally released the convicted person.

2.2. Community Service*

1. Anträge an das zuständige Gericht auf Rückversetzung in den Straf- oder Massnahmenvollzug werden von der Vollzugsbehörde gestellt, welche die verurteilte Person bedingt entlassen hat.

*Principles of Execution*

1 The Department of Corrections determines the nature and form of community service to be rendered, in accordance with the guidelines of the East Swiss Penal Enforcement Commission. It may consider proposals from the convicted person.

1a

2 The Department of Corrections determines, in particular, the commencement of execution and the period within which the convicted person must perform community service. As a rule, a minimum of eight hours of community service must be performed per week. Community service can be performed in addition to normal working hours, e.g., on weekends, evenings, or during holidays, whereby the legally stipulated maximum working hours may also be exceeded.

3 The convicted person must bear the personal expenses for performing the community service, specifically the costs for accident and liability insurance coverage, travel to work, and meals; otherwise, the community service will not be approved.

4 The Department of Corrections shall order social support by probation services only if concrete indications of a particular need for support arise from the course of the execution.

* Procedure

1 The Department of Corrections requests the convicted person to agree, within

a deadline, with a suitable institution on the modalities for performing the

community service. The Department provides the convicted person

with a list of suitable institutions.

1a The cantonal collection agencies responsible for collecting fines and monetary penalties

forward an application from the convicted person for authorization of

community service to the Department of Corrections, and indicate the

outstanding fine or monetary penalty amount as well as any subsequent payments made during enforcement.

2 The Department of Corrections issues a decision on the performance of

community service, if necessary even without prior agreement of the

contracting parties, provided the institution offering the work agrees to employ the

convicted person.

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3 The Department of Corrections may authorize the assignment subject to conditions and

in individual cases exceptionally in favor of a person in need, provided that the monitoring of the activity is guaranteed.

3a The Department of Corrections informs the collection agencies about the authorization

or rejection, termination, or completion of the community service.

* Conditional Release

1 Conditional release from the execution of a fine or a monetary penalty in the

form of community service is not permissible.

2 Conditional release from the execution of a custodial sentence in the form of

community service is otherwise governed by the guidelines of the East

Swiss Criminal Justice Commission.

*Termination*

1 The Department of Penal Enforcement shall terminate community service, in particular,

if the convicted person: *

a. waives the continuation of community service;

b. fails to comply with the deployment plan with the institution despite a warning;

c. fails to perform community service in accordance with the agreements, instructions,

deadlines, conditions, and requirements despite a warning.

2

2a If a criminal investigation is initiated against the convicted person, the execution of

community service may be interrupted or terminated. *

3

3a If, during the ongoing execution of community service, a substitute custodial sentence

for a fine or monetary penalty becomes enforceable, this shall generally result in the

termination of community service, just as when further penalties cause the maximum

permissible duration of the ongoing, approved community service to be exceeded. *

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2.3. Semi-detention *

Principle and Requirements

1 Custodial sentences, as well as substitute custodial sentences for fines and pecuniary penalties

up to one year, or a remaining sentence of no more than six months,

shall be executed in the form of semi-detention upon request, within the framework of the directives

of the East Swiss Penitentiary Commission,

if, in particular

a. there is no risk of escape or reoffending;

b. the convicted person has a right of residence in Switzerland, as well as a right to

engage in gainful employment or education, and has not been subject to a criminal

deportation order;

c. the convicted person can pursue their previous work or an approved education

with an employment level of at least 20 hours per week during the sentence;

housework and child-rearing as well as unemployment placement programs

are considered equivalent;

d. the convicted person is expected to guarantee compliance with the general

conditions of semi-detention and the house rules of the correctional facility.

2 The convicted person shall continue their previous work or commenced education during the

execution of the sentence and shall spend their rest and leisure time in the correctional facility.

Each night spent in the correctional facility counts as a day of detention. Per week, the

convicted person must spend at least one day in the correctional facility.

3 For admission to semi-detention, only the unconditional part of partially suspended custodial

sentences is relevant in terms of duration.

* Proceedings

1 The convicted person must, within 30 days of the judgment becoming legally

binding, submit an application to the Department of Corrections for

permission for semi-custody; if there are important reasons, the Department will also consider

applications submitted later. With the application, the convicted person must

especially submit a confirmation from the employer, proof of

self-employment, or a training certificate, in each case

stating the place of work or training institution and the working or

teaching hours. The Department of Corrections may request further proof

of the fulfillment of the legal admission requirements.

2 It may attach conditions or stipulations to the permission. *

3 The Department of Corrections sets the date for the commencement of the sentence and

determines the place of execution, taking into account the place of residence and work or training. *

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* Board and Lodging Costs, Transport Costs, Insurance

1 The convicted person retains their earnings from employment. During the

period of semi-detention, they must pay a contribution towards the costs of

enforcement, which is determined according to the board and lodging tariff

of the Eastern Switzerland Penal Enforcement Concordat. For each main

meal not taken in the Glarus Cantonal Prison and for each breakfast, the board

and lodging cost is reduced by the amount set by the Department of Security

and Justice. *

2 The cash advances determined by the Department of Penal Enforcement

in individual cases must be paid for one week upon commencement of

sentence and thereafter weekly in advance. *

3 The Department of Penal Enforcement may, upon application by the convicted

person, defer the cost contribution for a certain period or remit it in full or in part

if the person proves an involuntary state of need, especially if

otherwise the fulfillment of statutory maintenance or support obligations

would be impaired. *

4 The transport costs from the penal institution to the workplace and back shall

be borne by the convicted person.

5 Insurance against occupational and non-occupational accidents during

semi-detention is the responsibility of the convicted person or their employer.

* Holidays, Visits

1 Visits are generally not permitted during semi-custody.

1a The convicted person has a time window of a maximum of 14 hours per working day available for work, employment or training, meals, shopping or official errands, as well as participation in therapies outside the correctional facility. These time windows must be discussed in advance with the correctional facility and recorded in a weekly schedule.

2 The approval of additional holidays and temporary releases during semi-custody is otherwise governed by the guidelines of the East Swiss Penal Enforcement Commission.

* Doctor's visit, Care *

2 Medical and dental treatments must take place during the time spent outside

the facility. The prison doctor will only be called in emergencies.

3 For the necessary care of the convicted person (especially during

longer semi-detention), the prisoner support staff and, upon request of the

convicted person, a specialist from the Social Services department or Probation

Service will provide support if needed. *

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* Termination

1 The Department of Corrections may terminate semi-detention, after prior warning, and order normal detention if the authorisation requirements under Article 18 are no longer met, in case of insufficient good conduct in the correctional facility, upon loss of employment or training position, or in case of misuse of semi-detention. *

2 Misuse of semi-detention is deemed to include, in particular

a. * Using time outside the prison for purposes other than those permitted or agreed upon in the weekly schedule;

b. No return or late return;

c. Entering in an intoxicated state or under the influence of drugs;

d. Possession, smuggling, or consumption of objects, alcohol, or drugs into the correctional facility or their transfer to inmates;

e. * Disregarding instructions, conditions, and requirements, especially regarding the ordered reporting times or the completion of therapy or control;

f. Refusal to pay the cash advance or the cost contribution.

3 Termination may be refrained from in cases of minor misconduct, and if the convicted person finds another suitable employment opportunity within two weeks after an involuntary loss of employment during the execution of the sentence, provided that supervision and monitoring are guaranteed during the period of unemployment. A warning or the imposition of a disciplinary measure instead remains reserved. *

4 If a criminal investigation is initiated against the convicted person, the execution of semi-detention may be interrupted or terminated, as well as if the maximum permissible duration of the current, authorised semi-detention is exceeded due to the addition of further penalties. *

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2.4. Work Externate and Residential and Work Externate, Employment with

External Employer *

* Principles of Implementation

1 The external work programme and the external residential and work programme (hereinafter

residential programme) are preliminary stages to release from a custodial sentence or

internment; they serve the gradual integration of the committed

person through allowing external work or training as well as through

external residence. The committed person works outside the correctional

facility and spends their rest and leisure time in the correctional facility.

If they prove themselves in the external work programme, for long sentences they may,

as part of the residential programme, also reside outside the correctional facility.

These forms of enforcement may be electronically monitored. *

2 During ordinary enforcement, the committed person may be employed individually or

in groups by an employer outside the institution, provided that the necessary supervision and

control are ensured. They must consent to the deployment. During work assignments, they

remain subject to the correctional regime and the disciplinary authority of the correctional facility. *

2a Instead of the external work or residential programme, the Department of Correctional Services

may, upon request, approve electronic monitoring for the convicted person for a period of three to twelve months,

under certain conditions. *

3 For the enforcement of measures, the following provisions apply mutatis mutandis.

* Competences for Authorisation

1 The Department of Correctional Services decides on the authorisation and termination of external employment and external housing and determines the place of execution. It may delegate this competence to the correctional facility. *

2 The correctional facility decides on the deployment of the committed person to a private or public employer. The Department of Correctional Services may reserve this competence for itself. *

3 The authorisation of external employment, external housing, electronic monitoring and employment with an employer may be linked to conditions and requirements, in particular also to the obligation to fulfil financial commitments. *

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* Admission, Framework Conditions

1 The relevant guidelines of the Eastern Switzerland Penal Enforcement Commission apply to the authorization requirements, the determination of framework conditions, and the execution of work and residential externships, as well as employment with a private or public employer.

2 *

* Disciplinary System for Work or Residential Externship

1 The enforcement institution must immediately report any irregularities to the Department of Corrections, especially if the assigned person is absent from work without authorization or seriously or repeatedly violates the enforcement plan, house rules, or special orders and instructions. The Department of Corrections decides on the retransfer to regular enforcement. *

2.5. ... *

Arts. 28-29 *

2.6. Electronic Monitoring *

* **Principles and Requirements**

1 Custodial sentences, substitute custodial sentences for fines and monetary penalties, or

remaining sentences of not less than 20 days and not more than twelve months

may, within the framework of the guidelines of the Eastern Swiss Penal Enforcement

Commission, upon application by the convicted person, be served in the form of electronic

monitoring, if, in addition to the requirements

of federal law, in particular

a. the convicted person has a right of residence in Switzerland as well as

a right to engage in gainful employment or education;

b. the convicted person has not been subject to a criminal expulsion from the country;

c. the convicted person can pursue their previous work or a recognised education

with an employment scope of at least 20 hours per week during the sentence enforcement;

housework and childcare, as well as unemployment placement programmes, are deemed equivalent;

d. the convicted person provides assurance that they will comply with the

enforcement conditions of electronic monitoring;

e. suitable permanent accommodation is available that permits the

electronic data transmission of the monitoring device via

fixed-line connection or mobile reception;

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f.

g.

h.

i.

the adult persons living in the same dwelling have consented to the

monitoring and to the right of the enforcement authorities to enter at any time without prior notice; in the case of a residential home, the consent of the institution's management must be provided;

the convicted person consents to the enforcement and weekly plan as well as to the

right of the enforcement authorities to enter at any time without prior notice;

the convicted person can provide proof of private liability insurance for the duration of the enforcement;

no overriding legitimate interests of third parties speak against the enforcement by electronic monitoring.

2 Based on the guidelines of the Eastern Swiss Penal Enforcement Commission, the Department of Penal Enforcement shall specify the documents and evidence to be submitted with the application.

3 For admission in the case of partially suspended custodial sentences, the total duration of the sentence (suspended and unsuspended part) is decisive in terms of time.

Procedure and Enforcement Plan

¹ Article 19 applies mutatis mutandis to the approval procedure.

² The competent enforcement authorities determine the following within the framework of the enforcement plan

a. the psychosocial support for the convicted person during electronic monitoring;

b. the weekly schedule (work or training times, unmonitored time, etc.).

³ The convicted person has a time window of a maximum of 14 hours per workday for work, employment or training, leisure, shopping, medical appointments or official errands, as well as participation in therapies.

⁴ On days free from work or training, namely Saturdays, Sundays, and public holidays, the Division of Penitentiary Affairs may grant the convicted person additional free time in accordance with the guidelines of the East Swiss Penitentiary Commission.

* **Cost Sharing, Transport Costs**

1 The convicted person retains their earned income. During the period of electronic monitoring, they must pay a cost contribution to the enforcement authority, which is based on the maintenance fee tariff of the East Swiss Penal Enforcement Concordat.

2 The advances determined by the Department of Correctional Services are to be paid periodically according to the conditions set out in the enforcement plan.

12 The Department of Correctional Services may, upon application by the convicted person, defer the cost contribution for a certain period, or wholly or partially remit it, if the person proves their blameless hardship, especially if otherwise the fulfillment of statutory maintenance or support obligations would be impaired. *

* Termination

1 The Department of Correctional Services may terminate electronic monitoring, as a

rule after prior admonition, and order regular imprisonment

or semi-detention if the eligibility conditions

are no longer met, in case of lack of good conduct

during the execution of the sentence, in case of loss of employment or training position,

or in case of abuse of this special form of sentence execution. *

2 Abuse of electronic monitoring includes, in particular

a. Using free time outside the accommodation for purposes other

than those permitted or agreed upon in the execution or weekly plan;

b. No or late return from work or free

time;

c. Possession and consumption of drugs;

d. Return in an intoxicated state;

e. Disregarding the execution or weekly plan, instructions,

conditions, and stipulations, particularly concerning the completion of a

therapy or alcohol abstinence;

f. Manipulation of technical monitoring devices or attempts

to do so;

g. Refusal or repeated default in paying the

fixed cost contribution.

3 Termination may be refrained from in cases of minor

misconduct, or if the convicted person, after an involuntary loss of employment

during the execution of the sentence, finds another suitable activity within two

weeks, provided that care and supervision are guaranteed during

the period of unemployment. Admonition or restriction of free time remains

reserved as an alternative.

4 If criminal proceedings are initiated against the convicted person,

the execution of electronic monitoring may be interrupted or terminated,

just as when the maximum permissible duration of the ongoing electronic

monitoring is exceeded due by the addition of further penalties.

5 Further serving of the sentence after termination of electronic

monitoring takes place in open or closed regular imprisonment or

in semi-detention. If the convicted person voluntarily waives

electronic monitoring, semi-detention is usually

excluded.

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3. Exemption from medical confidentiality, data exchange *

Official Duty to Inform

1 The Department of Penal Enforcement informs a convicted person that an assigned therapist or institution tasked with carrying out an inpatient or outpatient measure is obliged to report and provide information to the competent enforcement authorities, and is specifically released from medical confidentiality regarding the achievement of treatment goals and the course of treatment.

2 It informs the therapist about the release from medical confidentiality in the treatment mandate.

* **Data Exchange**

1 The Department of Corrections (including probation services) and the Department of Social Services are entitled to exchange personal data and particularly sensitive personal data with each other, as well as with other state authorities of the cantons or the Confederation, insofar as such disclosure is legally provided for or is suitable and necessary for the fulfillment of a statutory task.

* **Entry into force**

1 This Ordinance comes into force immediately after the Landsgemeinde 2006.

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