Regulation on the Operation of the Dangerousness Commission, of 22 March 2007 - Duties and Competences

[2] 1 The Dangerousness Commission (hereinafter: the Commission) assesses the danger posed to the community by offenders or detained persons in the cases provided for in Articles 62b paragraph 2, 64b, and 75a of the Swiss Criminal Code [3].

2. The Commission assesses the danger posed by the detained person to the community when considering placement in an open penal institution or the granting of concessions during execution, in cases where the person has been convicted of a crime referred to in Article 64, paragraph 1, of the Swiss Criminal Code and in cases where the enforcement authority cannot make a categorical determination regarding the danger posed by the detained person to the community.

3. The Commission decides on the appropriateness, concerning the danger to the community, of placement in an open setting or the granting of a more lenient regime for adults sentenced to imprisonment, institutional therapeutic measures, or internment measures.

4. The Commission may also make general decisions on various concessions throughout the sentence, including authorizations for leave, transfer to an external work regime, and external work and accommodation regime, as well as conditional release.

[4] 1 The presidency is designated by the Council of State.

2. The vice-presidency is designated by the members of the commission.

3. When a member of the commission is unable to attend a session, they are replaced by their substitute.

1. The secretariat of the commission is provided by the penitentiary service.

2. It prepares and sends, according to the directives of the president, the necessary documents for holding the sessions.

[5] 1 The commission typically meets once a month. It is convened by its president.

2. It deliberates validly when at least one representative of psychiatry, one representative of the enforcement authorities, and one representative of the prosecuting authorities are present.

3. When the quorum is not met, the commission is convened once more and then deliberates by the majority of the members present.

In simple cases, or in cases of urgency, the chairperson may propose to deliberate by circulation. However, if one of the members does not agree to the proposal, the committee shall meet.

1. The judge, the penitentiary service through its sentence enforcement office, and the measure application commission shall timely submit the cases provided for under the Swiss Penal Code (Art. 62d, 64b, and 75a, PC).

2. When the commission deems itself incompetent, it shall inform in writing the authority that has referred the matter to it.

1. The commission investigates the case and makes a decision based on the file.

2. However, the president may request additional investigation.

3. The commission may hear from the staff of the establishments, the caregivers, the convicted and detained individuals, or any other person whose testimony appears useful to it.

**1. The commission issues opinions in the form of reasoned pre-advisories. These do not constitute decisions and cannot be appealed.**

**2. The pre-advisories are adopted by a majority of the members present. In the event of a tie, the chairman's vote is decisive.**

**3. The deliberations are recorded in a summary transcript.**

Members of the commission and its secretariat are bound by official secrecy.

This regulation is submitted for approval to the Council of State.

1. This regulation shall come into force upon its approval.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.

Regulation approved by the Council of State on April 23, 2007.