Law on the Execution of Sentences and Measures for Adults (LEMA), of May 24, 2016 - Purpose of the Law (GVSMA)

1. This law regulates the execution of penalties and measures, probation assistance, and the conditions of detention for adult persons.

2. It regulates all forms of detention, both before and after judgment.

1. The provisions of this law regarding the execution of sanctions are applicable

a) to individuals sentenced by the Neuchâtel authorities;

b) to individuals sentenced by the authorities of another canton or the Confederation, but whose execution of the sanction is entrusted to the canton of Neuchâtel.

2. The provisions of this law regarding the conditions of detention apply to all individuals detained on Neuchâtel territory.

The Concordat on the Execution of Custodial Sentences and Measures Concerning Adults and Young Adults in the Latin Cantons, of April 10, 2006, is reserved.

1. The fundamental rights of individuals subject to this law can only be restricted to the extent that deprivation of liberty or the execution of the sanction, communal living, or security imperatives within the establishment or the community require it, and to the extent that these restrictions are based on a sufficient legal foundation.

2. Direct coercive measures are permissible in cases provided for by law or when they are deemed essential for maintaining order, security, the proper functioning of the establishment, or for community security imperatives.

1. Victims and relatives of the victim within the meaning of the legislation on assistance to victims of crimes, as well as third parties, to the extent that they have a legitimate interest, may request in writing from the competent authority to be informed of the commencement of the enforcement of the sentence, the place of execution, the form of enforcement, any interruption of enforcement, any relief in enforcement, conditional or final release, and reintegration into enforcement.

2. They are informed, by the same authority, without delay, of any escape of the detainee and its consequences.

Any person responsible for the enforcement of this law is bound by the obligation to maintain confidentiality.

[5] 1 Once an institutional treatment (Art. 59 CC), an outpatient treatment (Art. 63 CC), or an internment (Art. 64 CC) has been ordered for a detained person, or if their dangerousness is acknowledged, or when a person is under probation assistance (Art. 93 CC) or subject to conduct rules of a medical nature (Art. 94 CC), cantonal and communal authorities, doctors, psychologists, and all other therapeutic professionals responsible for this person are released from professional confidentiality and medical secrecy when it concerns informing the competent authority about important facts that may influence the current measures, the relaxations in their execution, or, more generally, the assessment of the danger posed by the individual in question.

2. In any case, individuals bound by professional secrecy can be released from it, either upon their request by the competent authority or by the detained person themselves.

[6] 1 The migration service, the police, and other services designated by the State Council, as well as judicial authorities, shall provide execution authorities and institutions with all necessary information, including sensitive data, required for the fulfillment of their duties.

2 However, data relating to health, political, philosophical, and union opinions and activities, as well as the intimate sphere of the detained person, are excluded.

3 The penitentiary service and institutions may directly collect data from the detained person concerning their health, religious opinions and activities, origin, and ethnicity, provided they have the person's consent.

[7] 1 The prison service and its entities may, upon request, communicate to another service the detention location, date of entry, and release date of a person subject to a criminal sanction if such information is necessary for the execution of its duties.

2. The prison service and its entities may, on their own initiative or upon written request, mutually exchange, as well as with detention institutions in other cantons and with other persons or bodies involved in the execution of penalties and measures, including private institutions and staff, all personal and sensitive data with the goal of ensuring public safety as well as the placement and monitoring of convicted persons. They are authorized to transmit the file or elements thereof.

[8] 1. The data collected in accordance with Article 10 shall be maintained in both paper files and electronic files.

2. The penitentiary service is designated as the controller of the file.

3. The penitentiary service may grant the entity responsible for medical assistance access to the data necessary for the performance of its duties.

[9] 1 Data may be retained as long as they are necessary for the performance of the tasks incumbent upon the enforcement authorities.

2. Data that are no longer necessary for the performance of the tasks shall be deleted or archived in accordance with the archival law [10].

[11] 1 During the monitoring phase, authorities and third parties responsible for electronic monitoring may process the data collected through electronic surveillance, in compliance with the applicable provisions concerning data protection and computer security.

2. The term "data collected through electronic surveillance" refers to information related to the location of the monitored person obtained by means of a radiofrequency or satellite positioning system.

3. The data is processed and stored exclusively in Switzerland. It is erased one year after the end of the monitoring by the authority or third party responsible for its processing.

4. Upon request, the penitentiary service may transmit the data

b) to other authorities if an overriding public interest justifies the transmission.

5. The penitentiary service informs the person subject to electronic monitoring that the data collected in this manner may be communicated in accordance with the provisions of the present law.

[12] 1 The penitentiary service may, ex officio or upon a written and reasoned request, communicate to the Neuchâtel police or other authorities all personal and sensitive data of the detained person necessary to prevent or detect the commission of serious offenses.

2. The following data may notably be communicated: identity, penal status, judicial or administrative decisions, expert reports, reports, nature of the identified risk, as well as any other element that provides context.

3. The communicated data is destroyed as soon as the risks of the commission of serious offenses have disappeared.

[13]

[14] 1 The Council of State is the supervisory authority over administrative authorities responsible for the execution of penal sanctions.

2. The Council of State is particularly competent to

a) Plan the provision for the execution of penalties and measures within the cantonal and inter-cantonal framework;

b) Designate public and private establishments responsible for the execution of custodial sentences and measures;

c) Conclude collaboration and execution agreements with other cantons;

d) Approve the regulations of establishments and entities responsible for the execution of sanctions;

e) Appoint members of the dangerousness commission;

f) Designate the competent departments and, if necessary, services.

3. The Council of State may, through a service contract, entrust third parties with the monitoring of individuals equipped with electronic surveillance devices, as well as the hosting and preservation of data collected through electronic surveillance.

1. The department designated by the Council of State is responsible for executing criminal penalties, subject to the powers granted to the judge.

2. The department is competent

a) in matters of inter-cantonal and international legal assistance;

b) to seek the approvals and authorizations required by the Swiss Penal Code or related laws.

3. It also decides on all other issues that may arise regarding the execution of judgments that do not fall within the jurisdiction of another authority.

1. The prison service executes the tasks assigned to the department regarding the execution of criminal sanctions.

2. It makes decisions related to the planning, organization, and control of the execution of criminal sentences and, for this purpose, seeks all necessary opinions.

3. It is competent to make all execution decisions not assigned to another authority or the judge, particularly when there is a combination of several sanctions (O-CP-CPM).

4. It processes requests for the transfer of convicted persons.

5. It finally ensures the supervision of the implementation of the execution.

The prison service ensures the assistance provided for in Articles 93 to 96 of the Penal Code and monitors compliance with the rules of conduct.

[15] 1 All subsequent decisions following the judgment that fall to the judge shall be made by the judicial authority that ruled on the case.

2. The judge handling the new offense exercises the powers provided for in Articles 62a, paragraph 1, 63a, paragraph 3, and 89, paragraph 1 of the Penal Code.

1. Detention facilities are competent for the stationary execution of criminal sanctions.

2. Appropriate therapeutic institutions execute penal measures.

1. Detention facilities and therapeutic institutions are responsible for the custody, accommodation, supervision, and treatment of the detainees entrusted to them.

2. They contribute to achieving the objectives assigned to the enforcement of criminal sanctions.

1. The Dangerousness Commission consists of three or five members, each with a deputy, appointed by the Council of State at the beginning of each legislative term.

2. It includes at least one representative from the prosecuting authorities, one representative from the enforcement authorities, one representative from the field of psychiatry, and, in an advisory capacity, a representative from the penitentiary service.

1 In the cases provided for in Articles 62d, paragraph 2, 64b, and 75a of the Criminal Code, the judge and the prison service shall request the assessment of the dangerousness commission.

2. In these cases, it is competent to assess the danger posed by offenders or detainees to the community.

3. This assessment is subject to a preliminary opinion that it provides upon request of the authority.

4. An opinion from the commission may also be required by the authority in other cases.

[16] 1. The Council of State appoints the chairperson of the Dangerousness Commission.

2. Its secretariat is managed by the penitentiary service.

3. In other respects, the commission organizes itself and establishes its operating regulations.

4. The Council of State determines the compensation for the commission members.

1. The service designated by the Council of State ensures the collection and recovery of financial penalties and fines.

2. If the financial penalty or fine is not paid and cannot be enforced through debt collection, the service forwards the file to the penitentiary service, which orders the execution of the substitute custodial sentence.

3. When the financial penalty or fine has been imposed by an administrative authority, the service refers the matter to the judge to rule on the substitute custodial sentence according to Articles 36 and 106 of the Penal Code.

[17] 1 The correctional service is competent to

a) authorize the convicted person to serve their sentence in the form of semi-detention (Art. 77b CC);

b) issue a warning to the convicted person who does not serve the semi-detention in accordance with the stipulated conditions and requirements (Art. 77b CC);

c) interrupt the execution of the semi-detention and order the ordinary execution (Art. 77b CC);

d) authorize the convicted person to serve a custodial sentence, a monetary penalty, or a fine in the form of community service (Art. 79a CC);

e) issue a warning to the convicted person who does not perform community service in accordance with the stipulated modalities and requirements, or does not complete it within the stipulated time frame (Art. 79a CC);

f) interrupt community service and order the execution of the remaining custodial sentence in detention or initiate recovery procedures for the monetary penalty and the fine (Art. 79a CC);

g) authorize the convicted person to serve their sentence or external work or both external work and accommodation in the form of electronic monitoring (Art. 79b CC);

h) interrupt electronic monitoring and order the execution of the remaining custodial sentence in detention or limit the free time granted to the convicted person (Art. 79b CC);

i) render release decisions, including conditional release (Art. 86 et seq.; 94 CC).

2. A substitute custodial sentence cannot be executed in the form of community service.

[18] 1 The prison service is competent to

a) designate the appropriate institution and summon the convicted person for the execution of their sentence;

b) postpone the execution of the sentence until the reason for incapacity has disappeared and impose the necessary conduct rules;

c) issue an arrest warrant when the convicted person does not respond to the summons mentioned in letter a, or in case of flight;

d) render a placement decision (Art. 76 Penal Code);

e) order the placement of a convicted person in an institution other than a penal institution (Art. 80 Penal Code);

f) determine the planning for the execution of the sentence and impose the necessary conduct rules;

g) grant alleviations, including leaves (Art. 84, para. 6, Penal Code) and accompany them with directives;

h) authorize the convicted person to serve their sentence under the semi-detention regime (Art. 77b Penal Code);

i) order the transfer of the detained person to another institution or another regime;

j) authorize the detained person to serve the remainder of their sentence in the form of external work or in the form of external work and housing (Art. 77a Penal Code);

k) render all release decisions, notably conditional release (Art. 86 et seq.; 94 Penal Code);

l) determine the conduct rules within the framework of conditional release (Art. 93 Penal Code);

m) pronounce on the modification of conditions accompanying a conditional release (Art. 95, para. 4, Penal Code) in the cases provided for in Article 95, paragraph 3, Penal Code;

n) decide on the interruption of the sentence execution and impose the necessary conduct rules (Art. 92 Penal Code);

o) impose the implementation of outpatient treatments that must be followed simultaneously with the execution of a custodial sentence.

2. The prison service refers to the authority that ruled on the matter to

a) propose the extension of probation assistance or conduct rules in cases provided for in Article 87, paragraph 3 of the Penal Code;

b) propose ordering the reintegration of the convicted person into the sentence execution (Art. 95, para. 5 Penal Code);

c) propose a change of sanction when the conditions for a measure (Art. 59 to 61 Penal Code) appear to be met (Art. 65 Penal Code).

[19] The service designated by the Council of State is competent to

a) carry out criminal expulsions (Art. 66a and 66a bis of the Criminal Code);

b) decide on the postponement of the mandatory execution of criminal expulsion (Art. 66d of the Criminal Code);

c) order coercive measures as provided by the federal law on foreigners in the context of the execution of criminal expulsion.

The penitentiary service is competent to

a) designate the therapist or therapeutic entity in charge of the treatment;

b) ensure the execution of the treatment and impose the necessary conduct rules and monitor compliance with the treatment;

c) order an initial temporary institutional treatment (Art. 63, para. 3 of the Penal Code);

d) propose to the judge the continuation of the outpatient treatment (Art. 63, para. 4 of the Penal Code);

e) conduct the annual review of the situation of the person undergoing outpatient treatment (Art. 63a, para. 1 of the Penal Code);

f) order the termination of the outpatient treatment (Art. 63a, para. 2 of the Penal Code);

g) suspend the execution of the measure (Art. 92 of the Penal Code).

**[20] The correctional service is responsible for:**

a) designating the appropriate institution (Art. 59, para. 2 and 3; 60, para. 3 and 61, para. 1 and 5 CC) and the therapist or therapeutic entity in charge of the treatment;

b) proposing to the judge the extension of the treatment (Art. 59, para. 4 and 60, para. 4, CC);

c) ordering probation assistance during the trial period and imposing conduct rules (Art. 62, para. 3 CC);

d) proposing to the judge the extension of the probation period (Art. 62, para. 4 CC);

e) proposing to the judge the reintegration into the measure (Art. 62a, para. 3 CC);

e bis) pronouncing the lifting of the measure (Art. 62c, para. 1 CC);

f) deciding on conditional release from the measure (Art. 62d CC);

g) requesting the judge that internment be ordered (Art. 62c, para. 4 CC);

h) establishing the planning of the execution of the measure and imposing the necessary conduct rules (Art. 90, para. 2 CC);

i) ordering a relaxed placement or execution of the remainder of the measure in the form of external work or external work and housing (Art. 90, para. 2bis CC);

j) making decisions regarding work, training, further education, and compensation (Art. 90, para. 3 CC);

k) making decisions regarding relations with the outside world (Art. 90, para. 4 CC);

l) interrupting the execution of the measure (Art. 92 CC);

j) proposing to the judge the reintegration into the measure (Art. 95, para. 5 CC);

k) pronouncing the definitive release from the measure (Art. 64a, para. 5 CC).

2. The correctional service reviews at least once every two years, and for the first time before the start of the internment, whether the conditions for institutional therapeutic treatment are met and whether such a request should be made to the president of the judicial authority which ruled on the case (Art. 64b, para. 1, let. b CC).

3. It examines at least once a year, and for the first time after a period of two years, whether the offender can be released conditionally from internment and, if so, when they can be (Art. 64b, para. 1, let. a CC).

[21] When a sentence has been suspended and conditions or probationary supervision have been imposed, the correctional service is responsible for

a) providing probationary supervision;

b) monitoring compliance with the conditions;

c) extending the probationary period, lifting the probationary supervision or ordering new supervision, modifying the imposed conditions, revoking them, or imposing new ones (Art. 95, para. 4 CC);

d) proposing to the judge to order the revocation of the suspension (Art. 95, para. 5 CC).

[22] The penitentiary service is responsible for providing probation assistance and monitoring the conduct rules established within the framework of parole and in cases of granting external work or external work and housing arrangements.

[23] 1 The penitentiary service is responsible for implementing parole granted under a particular execution regime, providing probation assistance, and monitoring compliance with the ordered conduct rules.

2. It is notably responsible for lifting probation assistance or ordering new assistance, modifying the imposed conduct rules, revoking them, or imposing new ones (Art. 95, para. 4 CP).

1. The penitentiary service is responsible for ensuring compliance with probation assistance and the conduct rules ordered during the treatment period (Art. 63, para. 2 of the Criminal Code).

2. It is notably responsible for lifting probation assistance or ordering a new one, modifying the imposed conduct rules, revoking them, or imposing new ones (Art. 95, para. 4 of the Criminal Code).

1. The prison service is competent to implement the conditional release of the institutional measure, exercise probation assistance, and monitor the ordered rules of conduct.

2. It is also competent to extend the probation period, revoke probation assistance or order a new one, modify the imposed rules of conduct, revoke them, or impose new ones (Art. 95, Para. 4 Penal Code).

1 The penitentiary service is responsible for implementing conditional release from detention, providing probationary assistance, and monitoring compliance with the mandated rules of conduct.

2. It is also responsible for extending the probationary period, terminating probationary assistance or ordering new assistance, modifying the rules of conduct, revoking them, or imposing new ones (Article 95, paragraph 4 of the Penal Code).

The penitentiary service is responsible for monitoring compliance with substitution measures (Art. 237 Criminal Procedure Code) and reporting non-compliance to the court.

[24] 1 In cases where the convicted person is subject to a prohibition from exercising a profession, the correctional service is competent for lifting the prohibition on exercising a profession, limiting its duration, or its content (Art. 67a, paras. 3 to 5 of the Penal Code).

1bis The correctional service is the competent authority to order the use of a technical device, such as electronic monitoring, affixed to the person subject to a contact or geographical prohibition pronounced within the meaning of Article 67b of the Penal Code.

2. The service designated by the Council of State is competent for the enforcement of a driving prohibition (Art. 67e of the Penal Code).

3. The judge communicates their related decisions to the competent services.

Subject to Article 73 of the Penal Code, the service designated by the Council of State is competent to rule on the allocation of proceeds from assets confiscated or transferred to the State under the law.

The correctional service is competent to place the accused person in detention in a hospital or psychiatric clinic when medical reasons require it (art. 234, para. 2 CCP).

[25] Under the conditions of Article 440, paragraph 1 of the Code of Criminal Procedure (CPP), the penitentiary service may, to ensure the execution of a sentence or measure, order the detention of the convicted person for security reasons.

[26] 1 The prison service may place an individual in a private facility provided that the facility holds an operating license from the canton where it is located.

2. The facility is subject to the supervision of this canton. Upon request, it provides proof of this supervision to the prison service.

3. The facility is subject to the legal requirements governing the activities of the prison service, particularly under this law.

4. The prison service establishes the specific conditions for each penal placement by decision or agreement.

[27] 1 The penal service may occasionally engage private personnel for the performance of certain tasks, particularly in the areas of supervision and security.

2. Private personnel must comply with the Concordat of October 18, 1996, [28] on security companies, possess the necessary skills, and, if physical restraint is used, have appropriate training and regular ongoing training. They must provide all necessary elements for control purposes.

3. Private personnel are subject to the legal requirements governing the activity of the penal service, particularly this law.

4. Private personnel may be authorized to use physical restraint when safety and order cannot be otherwise ensured. Handcuffs and leg restraints are considered acceptable auxiliary means.

5. To the extent that the intended goal cannot be achieved by other means, the use of physical force is permissible, notably

a) against resistant or violent detainees;

b) to prevent the escape of detainees or for their capture;

c) against persons who are unlawfully on the premises of the execution facility, who attempt to enter or to free detainees, or exhibit violent behavior.

6. The penal service enters into a service agreement that defines the practical modalities.

1. The execution of custodial sentences and measures must improve the social behavior of the detained person, particularly their ability to live without committing offenses. It should resemble ordinary living conditions as closely as possible, provide the necessary assistance to the detained person, combat the harmful effects of deprivation of liberty, and adequately consider the need for protection of the community, staff, and fellow detainees.

2. The execution should make the detained person aware of the consequences their actions have for themselves, the victim, and the community.

3. It should aim towards reparation of the harm caused to the victims.

1 The prison service is responsible for the planning of the execution of sentences and measures.

2. It ensures, in close collaboration with the institutions, the implementation of the plans.

2. This plan is not a decision within the meaning of Article 5 of the Administrative Procedure Act (APA), dated March 18, 2025 [29].

1 The sentences involving deprivation of liberty are executed in a closed or open facility (Art. 76 CC).

2. Generally, the detained person works in the facility and spends their leisure and rest hours there (Art. 77 CC).

[31] Under the conditions of Article 77b of the Criminal Code (CP), a custodial sentence of no more than twelve months, or a remaining sentence of no more than six months after deduction of the detention served before judgment, may, at the request of the convicted person, be served in the form of semi-detention.

[32] Under the conditions of Article 79a of the Criminal Code, a custodial sentence of no more than six months, a remaining sentence of no more than six months after deduction of pre-trial detention, a monetary penalty, or a fine, may be executed in the form of community service upon request by the convicted person.

[33] Under the conditions of Article 79b of the Criminal Code, the use of an electronic device attached to the sentenced person may, upon their request, be ordered

a) for the execution of a custodial sentence or a substitute custodial sentence of twenty days to twelve months; or

b) in place of external work or external work and housing for a duration of three to twelve months.

[34] Under the conditions of Article 77a of the Criminal Code, the custodial sentence is carried out in the form of community service.

[35] Pursuant to Article 77a, paragraph 3 of the Penal Code, if the detainee is satisfactorily performing external work, the execution of the sentence continues in the form of external work and housing.

Places of execution of therapeutic measures must, in principle, be separate from places of execution of sentences (Art. 58, para. 2 CC).

1. Therapists and therapeutic entities designated by the penitentiary service are required to regularly, or upon request by the authority, provide detailed reports on the progress of the ordered measure.

2. Therapists and therapeutic entities must immediately inform the authority if the person subject to treatment does not regularly follow it or has ceased to do so, or if they are no longer able to ensure the continuation of the treatment.

1. It is possible to derogate in favor of the detained person from the rules for the execution of deprivation of liberty penalties or measures

a) when their state of health requires it;

b) during pregnancy, at childbirth, and immediately after;

c) so that the mother can live with her young child, provided it is also in the interest of the child.

2. The detained person who does not serve their sentence in a penal institution or corrective measures facility, but in another appropriate facility, is subject to the rules of that facility unless the competent executing authority decides otherwise (Art. 80 of the Penal Code).

3. The stay in this facility is credited towards the duration of the penalty or measure.

1. Persons who are ill or injured must be examined by healthcare professionals.

2. They may be treated in the cellular division of a hospital.

1. A person undergoing institutional therapeutic measures may only be isolated when such isolation is temporarily indispensable for therapeutic reasons, for their own protection, or for the protection of others.

2. Disciplinary sanctions are reserved.

3. The placed person, if fit to work, must be encouraged to work to the extent that the treatment or care provided in the institution requires or allows it.

4. The provisions concerning controls, searches, and bodily examinations carried out with the aim of maintaining order and security apply by analogy.

**1. Judgments and Decisions Relating to the Execution of Sanctions**

1. Judgments and decisions relating to the execution of sanctions are transmitted to the competent authority within ten days following their entry into force.

2. Upon request, the file is handed over to the authority.

3. The authority may issue a search notice, an arrest warrant, or a warrant to bring a person and request extradition in order to execute the placement decision or other decisions related to the execution of criminal sanctions.

4. It may call upon public force.

1. The procedural authority may authorize the accused person to commence serving a sentence or measure in advance, if the stage of the proceedings permits.

2. The advance execution of a measure is subject to the consent of the penitentiary service.

3. Upon entry into the facility, the execution of the sentence or measure begins and the incarcerated person is subject to the execution regime. The execution authority thereby becomes the penitentiary service.

4. The procedural authority may be required to provide its opinion before granting any reliefs to the accused person.

5. The portion of the sentence that the accused person has served in advance shall be deducted from the sentence to which they are ultimately sentenced.

1. Judgments or decisions that have become final, imposing penalties and measures of deprivation of liberty, are executed without delay.

2. If there is a risk of flight, if there is a serious threat to the public, or if the purpose of the measure cannot be achieved in any other way, they are executed immediately (Art. 439, para. 3 CPC).

1 The competent authority may postpone, at the request of the convicted person, the execution of a sentence or a measure, if the execution is likely to cause considerable harm to the convicted person or their family and is outside the purpose of the conviction. However, the execution cannot be postponed for more than six months.

2. The competent authority shall take into account the probable duration of the execution as well as any potential risk of escape or reoffending.

3. The postponement of the execution may be accompanied by directives, the non-compliance of which results in the revocation of the postponement and immediate arrest.

1. A judgment cannot be executed if the sentence is time-barred. In case of doubt, the competent authority shall refer the matter to the judge who ruled in the case.

2. The person who wishes to invoke the limitation of the sentence shall seize the judge who ruled in the case.

3. The procedure has no suspensive effect.

1. The competent authority may transfer a detained person, for the continuation of enforcement, to another penal institution or measure enforcement, to a psychiatric clinic, or to a recognized private institution if their condition, behavior, or safety demands it, if their treatment requires it, or if their reintegration is facilitated by it.

2. For reasons of security, discipline, or capacity, the person may be provisionally transferred to another facility or to a high-security section.

**1.** The execution of a sentence or measure may be suspended for serious reasons.

**2.** The competent authority decides on the suspension and the revocation, upon request by the detained person or the facility's administration.

**3.** The suspension of execution may be accompanied by directives, the non-compliance of which results in the revocation of the suspension and immediate arrest.

When a placement measure is revoked before the expiration of the suspended sentence during its execution, the convicted person is transferred to an appropriate facility pending a decision on the disposition of the sentence.

The detained person is permanently released

a) when the sentence has been fully served;

b) at the end of the probationary period if the person conditionally released has successfully completed the probation.

The detained person shall have access to an individual cell insofar as the availability of the facility permits.

1. Objects may be confiscated from the detained person at any time for reasons of security, calm, and order, as well as for health and hygiene reasons.

2. The Council of State regulates the procedures.

1. Religious dietary rules are taken into account as far as possible.

2. The introduction, possession, consumption, and trade of alcohol, non-prescribed medications, as well as narcotics and similar products within the establishment are prohibited.

[36] 1 The detained person is entitled to medical assistance and healthcare appropriate to the circumstances.

1. The prison service ensures, during the criminal proceedings and during the execution of the sentence, the social assistance of the detained person (Art. 96 CC).

2. It takes on the responsibility for cultural and social activities within the establishments.

A chaplaincy service is available to the detained person.

The detained person is obligated to perform the work assigned to them. There is no obligation to work during pre-trial detention.

1. The detainee receives remuneration based on the work performed.

2. The detainee who undergoes training or professional development is entitled to fair compensation comparable to the remuneration paid for work.

The detained person must be insured against the risks of illness and accidents.

**1. The detained person has the right to maintain contact with individuals outside the establishment.**

2. Contact with the outside can be monitored and limited or even prohibited as soon as abuse or endangerment of security and order is feared, or when they contravene the purpose of the execution. Procedural measures intended to ensure the continuation of the criminal proceedings are reserved.

3. For persons in pre-trial detention, all relations with the outside are subject to prior authorization from the procedural direction.

4. The relations of detainees with the supervisory authority cannot be subjected to control.

5. International provisions concerning visitation and correspondence are reserved.

[37] 1 Correspondence may be censored, particularly when it constitutes an offense or is aimed at committing an offense.

2. Correspondence with lawyers may be limited or prohibited in case of abuse. Examination of the content is not permissible.

3. The detained person must be informed if a letter is not transmitted to its recipient.

4. No correspondence is permitted for persons in pre-trial detention without the consent of the procedural management, except for correspondence with their defense attorney.

1. The detained person may make telephone calls at their own expense using the facilities provided by the institution within the limits of the usage regulations.

2. Communications may be monitored. They are recorded and stored and may be made available to judicial authorities. Detainees are informed of these possibilities.

3. No telephone communication is permitted for individuals in pre-trial detention without the consent of the procedure's management.

1. Parcels intended for the detained individual are subject to inspection.

2. Individuals in pretrial detention cannot receive or send parcels without the consent of the procedure management.

The detained person may, at their own expense, subscribe to newspapers and magazines and order books.

1. The detained person may, at their own expense, use the radio, television, any recording and playback device, as well as the computer. The facility's management determines the conditions of use.

2. All communication devices and instruments are prohibited.

Visits are monitored.

1. No visits are permitted to individuals in pre-trial detention without the consent of the procedure management.

2. The procedure management decides whether the visit should take place in a visiting room equipped with a partition glass.

3. Relationships with attorneys must be authorized.

1. Visits by lawyers may be monitored, but eavesdropping on conversations is prohibited.

2. In the event of abuse, the competent authority may prohibit relations with a lawyer.

2. They are subject to the control measures provided for in the establishment's regulations.

3. They are required to comply with the guidelines communicated by the establishment's staff. Failing this, the visit is immediately interrupted.

4. They may be subject to a search under the conditions of Article 88, paragraphs 1 and 3.

Control measures apply without exception to lawyers.

1. Appropriate-length leaves are granted to detained persons to allow them to maintain relations with the outside world, prepare for their release, or for specific reasons, provided that their behavior during the execution of the sentence or measure does not oppose it and there is no reason to fear that they will escape or commit further offenses (Art. 84, para. 6 CC).

2. The provisions concerning leniencies and leaves do not apply to persons in pre-trial detention or held for security reasons.

3. The competent execution authority may authorize the use of electronic control and surveillance measures during the leniencies granted to persons subject to the special security measures of Article 75a CC.

1. The management of the institution issues the necessary directives to maintain security.

2. The maintenance of security is ensured by the staff of the institution.

3. In extraordinary situations, the management of the institution may call upon the police.

4. The prison service and the police jointly establish the terms of cooperation and intervention in extraordinary situations.

1. The establishment's staff shall perform their duties without firearms.

2. Except for police interventions dictated by extraordinary circumstances, no firearms are permitted within the premises of the establishments.

3. The firearms authorized for the establishment's staff are defined by the State Council.

[39] 1 Upon entry into the facility, the detained person must surrender all identification documents as well as their driver's license for the duration of their detention.

2. Repealed.

3. Repealed.

To ensure enforcement, the following identification measures are allowed

c) measurements and the recording of physical characteristics.

[40] 1 The management of the facility may at any time search the detained person (external body search), their personal effects, and their cell. They may request police intervention if necessary.

2. A detained person suspected of concealing prohibited items within their body may be subjected to a body examination (internal body search).

3. External body searches are conducted by a staff member of the same sex as the person being searched, in a separate room, without the presence of others.

4. Internal body searches are conducted by a physician.

5. A person suspected of abusing alcohol or drugs may be subjected to urine tests, breath tests, blood samples, and an internal body search.

[41] 1 The management of the establishment shall order special security measures when there is a high risk that the detained person might escape or commit acts of violence.

2. Special security measures may include

a) placing the person in their cell or another available cell;

b) removal or confiscation of everyday objects, items of furniture, or elements of clothing that could be misused;

c) changing cells;

d) use of handcuffs or restraints;

e) placement in a specially equipped security cell.

3. A person placed in a security cell or restrained must be properly monitored and assisted, if necessary, with the cooperation of a doctor.

4. These measures shall cease once the reason justifying them no longer exists.

5. Transfer to another execution establishment or to a reinforced security section is reserved.

[42] 1 For security reasons, the interior and exterior common areas as well as the exterior perimeter of the establishments may be monitored using video surveillance systems.

2. Disciplinary cells, security cells, and holding cells may be monitored using video surveillance systems if the detained person poses a risk to themselves or to a third party.

3. The ordinary cells of detained individuals are not subject to video surveillance.

4. Except in the cases referred to in paragraph 2, video surveillance cameras operate and record images 24 hours a day, 7 days a week.

[43] The management of the establishment ensures the proper functioning of the facilities and takes the necessary organizational and technical measures to ensure the integrity, availability, and confidentiality of the data.

[44] 1 Video surveillance systems are equipped with a recording system.

2. The recorded images may be retained for a maximum period of four months.

3. In the event of a particular incident or in the case of criminal or disciplinary proceedings, the management of the establishment, or the authority in charge of the proceedings, may decide to extend the retention of the recorded data for the duration of the particular incident or the proceedings.

[45] 1 As part of their work, penitentiary service staff may view images captured solely for the security of the personnel and the detained individuals. In the event of an alarm or intervention, images may also be viewed on-site by the police for the same purposes.

2. The management of the establishment, the management of the penitentiary service, and the Neuchâtel police management are authorized to consult and use the recorded images for training purposes. The communication of images, either ex officio or upon request, to an authority for the purposes of a criminal procedure or a judicial investigation for offenses committed within the filmed perimeter is reserved.

3. A password protection system is in place to restrict access to the data.

[46] 1. Clear and visible signs, referring to this law, indicate the presence of video surveillance installations intended to monitor the perimeter of the establishments.

2. Persons held in disciplinary cells, secure cells, or holding cells must be notified of the ongoing surveillance.

[47] 1. The management of the establishment acts as the custodian of the file containing the recorded images.

2. It takes the necessary measures to prevent any unlawful processing and ensures compliance with security measures and data protection provisions.

3. The penitentiary service receives and processes requests for access to the recordings and addresses disputes related to video surveillance.

1. Direct coercion is notably permissible against violent or recalcitrant detainees to prevent them from escaping or to apprehend them.

2. It is also permissible against individuals who are on the premises of the establishment without authorization, attempt to enter, or attempt to free detainees.

1. Direct coercion may be exercised outside the perimeter of the establishment in the event of an escape.

2. Direct coercion may also be exercised during escorts, transports, or transfers, in the event of an escape, an attempted escape, or if the detainee behaves in a violent manner.

1. In the event of a hunger strike, the administration of the institution may order forced feeding under the guidance of a physician, provided that the person concerned is in danger of death or faces serious danger.

2. The measure must be reasonably required of the persons concerned and must not pose a serious danger to the life and health of the detained person.

3. As long as it is possible to assume that the person concerned is acting of their own free will, the institution does not intervene.

4. The institution must respect the advance directives that have been provided to it.

[48] 1 Failures to comply with the present law, its implementing provisions, the institution's regulations, supplementary instructions, or orders from the management as well as the institution's staff are disciplinary offenses and may be sanctioned.

2. The following are notably considered as disciplinary offenses

a) escape and any act manifestly aiming to prepare an escape;

c) unlawful infringements on the property of others;

d) insubordination and incivility toward the institution's staff;

e) threats against the institution's staff, external stakeholders, or fellow inmates and assaults on their bodily integrity;

g) abuses in the domain of leave;

h) the fraudulent introduction, removal, acquisition, transmission, and possession of prohibited items such as weapons, documents, communication devices, or cash;

i) the introduction, possession, consumption, and trade of alcohol or narcotics and similar products, as well as medication abuse;

j) the introduction, acquisition, transmission, or possession of recordings, images, other objects, or representations that depict acts of violence;

k) racial discrimination.

3. Attempt, complicity, and instigation to commit disciplinary offenses are also sanctioned.

4. Criminal prosecution is reserved.

[49] 1 Disciplinary sanctions are

a) a written warning;

b) a disciplinary fine with a maximum amount of 1,000 francs, which can be offset against the detained person's remuneration;

c) the application of additional restrictions on freedom for a maximum duration of six months;

d) confinement to one's own cell for a maximum duration of 30 days;

e) disciplinary detention for a maximum duration of 14 days.

2. Confinement or detention may be accompanied by restrictions on freedom.

3. The execution of disciplinary sanctions may be pronounced with a probation or partial probation period of a maximum of six months.

4. The probation period is revoked if the detained person commits a new offense during the probation period and thus incurs a new disciplinary sanction.

1. Objects and assets obtained through a disciplinary offense, that have been used or were intended to be used to commit a disciplinary offense, are confiscated.

2. They may be realized in favor of the canton, rendered unusable, or destroyed. The fate of the seized objects is subject to a decision that can be appealed.

3. The legitimate rights of third parties are reserved.

1. The administration of the establishment imposes disciplinary sanctions.

2. When offenses are directed against the director of a detention facility, the penitentiary service is competent.

1 The pursuit of a disciplinary offense is time-barred after three months from the commission of the offense. The limitation period is suspended as long as the detained person is absent from the facility. After one year, the disciplinary offense can no longer be pursued.

2. The execution of a disciplinary sanction is time-barred after six months from the entry into force of the decision.

1. The Council of State establishes the modalities of the convicted person's contribution to the execution costs as per Article 380 of the Criminal Code.

2. The execution costs are compensable with the remuneration of the detained person.

The Council of State establishes the payment modalities for the costs associated with the execution of sentences and measures.

The penitentiary service, the services designated by the Council of State, and the organizational units subordinate to them shall render their decisions in the forms provided for by the APA.

1. The authority responsible for making a decision regarding the execution of a penalty or measure, particularly in matters of reintegration or revocation of probation, cannot rule without first inviting the concerned parties to present their observations, if they may be affected. Furthermore, it must remind them that they have the right to appoint a defender.

2. For all decisions related to the conditional release of penalties and measures, the authority must hear the detained person.

3. The authority may order the appearance of the concerned parties, or some of them. It may hear witnesses and experts. It gathers the information required by law and, if necessary, requests the opinion of the judicial authority that ruled on the case.

4. Its decision is communicated in writing to the concerned parties, as well as to the authority responsible for executing it.

[50] 1 Subject to special rules related to disciplinary decisions, the decisions of the administrative enforcement authorities may be appealed to the department and then to the cantonal court, in accordance with the APA.

1bis Decisions regarding the postponement of penal expulsion may be appealed to the cantonal court.

2. In matters of judgment enforcement, the decisions of judicial authorities may be appealed to the cantonal court. Articles 393, paragraph 2; 396 and 397 CPP apply mutatis mutandis.

3. The Public Prosecutor's Office has the standing to appeal.

[51] An appeal against a decision to revoke a particular enforcement regime does not have a suspensive effect.

In matters of execution, the management as well as the staff of the establishment may give orders orally, which are not subject to appeal.

1. Disciplinary decisions made by the management of the establishment may be appealed to the department within three days.

2. The department's decisions can be challenged in the cantonal court, with the president of the relevant court ruling alone.

3. The disciplinary appeal does not have a suspensive effect.

4. Additionally, the LPA is applicable.

[52] 1. When the administrative decision is made in the ordinary course of executing sentences and measures, it is rendered without costs to the convicted person.

2. In all other cases, the costs are charged to the convicted person.

3. The exemption in paragraph 1 does not apply to appeal procedures.

Act on the Execution of Custodial Sentences and Measures for Adults (LPMPA), of January 27, 2010 [53], is repealed.

This law is subject to an optional referendum.

1. This law shall come into force on July 1, 2016.

2. The Council of State shall provide, if necessary, for its promulgation and execution.

Law promulgated by the Council of State on July 4, 2016.