3 Criminal Law - Criminal Procedure - Enforcement - 35 Enforcement - 351 General Provisions - CHAPTER ONE Generalities (VSMA)

This ordinance governs the modalities of execution of the law on the execution of sentences and measures for adults (LPMPA), dated May 24, 2016.

The Latin Concordat, as well as the acts adopted by the Latin Conference of the Heads of Departments of Justice and Police, are directly applicable for the remainder.

[4] The Department of Security, Digitization, and Culture is the department responsible for executing criminal sanctions.

The penitentiary service is tasked with, among other responsibilities

a) implementing the cantonal penitentiary policy;

b) overseeing the management of the entities attached to it;

c) administering the cantonal detention facilities;

d) acting as the competent authority or the executing authority in the domain of the execution of sentences and measures, according to the Swiss Criminal Code (SCC) and the Swiss Code of Criminal Procedure (SCCP), unless otherwise provided by federal or cantonal law;

e) ensuring the execution of pre-trial detention, detention for security reasons, and custodial sentences and measures imposed on adults;

f) fulfilling the tasks outlined in the SCC within the framework of probation and social assistance;

g) providing secretariat services to the dangerousness commission;

h) serving as a liaison service with various federal, intercantonal, and cantonal authorities.

1 The Sanctions and Probation Execution Office (SPEO), affiliated with the penitentiary service, concretely carries out the tasks of the competent authority or the executing authority according to the Criminal Code and the Code of Criminal Procedure.

2. It also provides probation assistance and social assistance within the meaning of the Penal Code in the cantonal institutions.

1. The La Promenade Detention Facility (EDPR), in La Chaux-de-Fonds, accommodates men in provisional arrest, pre-trial detention, and in the execution of sentences and measures.

2. The Bellevue Penal Enforcement Facility (EEPB), in Gorgier, is designated for the execution of sentences and measures for men.

3. Temporarily, the penitentiary service may have other types of detention executed in cantonal establishments.

The Cantonal Population Service [5] is responsible for the collection and recovery of monetary penalties and fines.

The Automobile and Navigation Service is responsible for enforcing the driving ban (Art. 67e of the Criminal Code).

The Cantonal Population Office [6] is responsible for deciding on the allocation of proceeds from assets confiscated or transferred to the State under the law, subject to Article 73 of the Criminal Code.

1. Within the scope of their mission, the services provide the executing authorities and establishments with all necessary information, including sensitive data, for the fulfillment of their tasks, particularly

i) municipalities and resident controls.

2. The penitentiary service and its entities may exchange with third parties who demonstrate a legitimate interest all the data necessary for the accomplishment of their tasks.

1. The penitentiary service and its entities shall develop the necessary guidelines and procedures for the fulfillment of their duties.

2. All guidelines or procedures established by an entity must be approved by the penitentiary service before they come into effect.

1. The enforcement authority determines the place of execution of sentences and measures.

2. For pre-trial detention or for security reasons, the management of the EDPR determines the place, taking into account the requirements of criminal procedure.

1. Closed institutions and closed sections of open institutions have special security measures, particularly in terms of organization, personnel, and construction.

2. Placement in a closed section or a closed institution occurs taking into account, in particular, the risk of re-offending, the level of dangerousness, the risk of escape, the duration of the sentence, and the seriousness of the offense.

Regarding open establishments, security measures are reduced.

1. Institutional measures are, in principle, carried out in public or private institutions providing adequate care, supervision, and security.

2. The prison service shall establish a list of institutions responsible for the execution of institutional measures.

Every new inmate is subject to a prison record form that includes their photograph and indicates their identity, the reason for their incarceration, the date and time of entry, and the necessary information for the implementation of the detention.

A newly admitted detainee shall be subject to a search of their personal effects and a frisk.

1. Upon admission to the facility, the detained person is informed of their rights, duties, and the operation of the facility. They are heard by a member of the management or a person delegated by the management.

2. Upon request, they may have a meeting with the facility's management and a person in charge of social assistance.

To organize detention, the management of the institution takes into account, in particular, the individual's criminal record, living conditions, health status, educational needs, and professional skills, as well as the danger they pose to themselves and others.

1 The detained person designates the individual to be notified in the event of illness or accident, should they be unable to inform themself, or in the event of death, as well as the person who can represent them in the case of incapacity to discern (Art. 378 CC).

An inventory of the detainee's personal belongings and valuables is conducted upon admission and at the time of release.

1. The administration of the facility decides which personal effects the detainee may keep on their person or in their cell.

2. Money is deposited, with receipt issued, into a personal account. Foreign currency is withdrawn.

3. Medications are confiscated. They are only administered by the entity in charge of medical assistance.

4. Article 86 LPMPA is applicable regarding the deposit of identity papers and driving licenses.

5. Items confiscated from the detainee upon arrival are generally returned, with receipt issued, upon their release.

The detained person receives from the facility in which they are placed a bundle containing, among other things, bedding, crockery, and essential items.

1. Objects may be confiscated from the detained person upon arrival or during their stay for reasons of security, tranquility, and order, as well as for health and hygiene reasons.

2. Perishable goods may be destroyed as a hygiene measure. The detained person shall be informed of this.

3. Subject to the application of Article 98 LPMPA, the detained person retrieves the confiscated objects upon their release, against a receipt.

1. Objects belonging to an escaped or fugitive person are disposed of or destroyed after one year.

2. The personal effects, identity documents, and cash of the escaped or fugitive person are neither sent nor transmitted to the individual concerned, their representative, or any third party.

No exchange of money is permitted between inmates of the same institution or different institutions.

In the event of a transfer, the personal belongings of the detained person are handed over to the personnel responsible for transportation, or sent by mail or by courier at their own expense.

The detained person may be placed in a communal cell for reasons of availability and operation of the facility, or if maintaining social contact allows for the preservation of their health or life.

1. Upon entering the cell, an inventory of all objects and surfaces within the cell is conducted. This inventory is completed each time a new cell is assigned. It is signed by the detained person.

2. The detained person is responsible for their personal belongings, the furniture in the cell, their package, and any materials provided to them.

3. In the event of intentional or negligent damage or destruction, the cost of repair or replacement is charged to the person responsible for the damage.

4. Compensation through their remuneration or their account balance deposited with the establishment to cover the damages is possible.

5. Disciplinary sanctions, criminal prosecutions, and civil actions remain reserved.

The detained person is not permitted to keep animals.

1. The detained person receives balanced meals that meet dietary needs. However, they do not choose the menu or its preparation.

2. In case of a medical prescription, the composition of the menus is adjusted.

Within the establishment, smoking is exclusively permitted in cells and in duly designated areas. The introduction, possession, and use of electronic cigarettes or similar devices are prohibited.

1 The detained person may purchase basic necessities and common food items at the facility's commissary.

2. The facility's management sets the terms and conditions of purchase.

1. The detained individual has the right to therapeutic treatment deemed necessary following examinations conducted during the criminal investigation and enforcement.

2. The enforcing authority, in collaboration with therapists, defines the therapeutic objectives towards which the mandated therapy should be directed and on which they report.

The detained person is obligated to comply with the necessary measures for the maintenance of hygiene and the protection of health, as well as with the directives of the caregiving or supervisory staff related thereto.

1. The detained person has the opportunity to spend at least one hour per day outdoors.

2. They may also engage in physical exercise according to the conditions established and the locations designated for this purpose by the administration of the facility.

3. For security reasons, the facility's administration may, however, prohibit or restrict the practice of certain activities.

**1. The detained person may contact the chaplaincy service for their spiritual needs or, when they belong to a denomination not represented by a chaplain, request to meet a representative recognized by their religion.**

**2. The detained person may be prohibited from attending religious services or other religious events when their behavior, security, or the maintenance of order so require.**

**3. The penitentiary service designates the individuals authorized to perform the roles of chaplain and religious representative within the facilities.**

The institution provides detainees with access to a library, establishing the conditions for access and borrowing.

The detained person is insured by the Canton against accidents under the terms set by the Latin Conference.

1. The detained person may, at any time, have a conversation with a member of the facility's management, subject to a written and substantiated request.

2. In case of necessity, the management may grant the detained person an interview without a prior request.

3. When the subject of the request is not within its jurisdiction, the facility's management shall forward it to the relevant persons or services and inform the detained person.

1. The detained person may address, in writing, the management of the institution to complain about measures taken by individuals working within the institution, observed omissions, or the behavior of other detainees.

2. If the complaint is directed against the management of the institution, the detained person must address the penitentiary service.

1. Detained individuals shall receive appropriate medical care and health prevention and promotion measures equivalent to those provided to the general population (principle of equivalence).

2. The cantonal doctor ensures the respect of the rights of detained patients, particularly with regard to the medico-ethical directives of the Swiss Academy of Medical Sciences.

3. Any detained person may appeal to the cantonal doctor if they consider that their rights as a patient are not being respected.

1. If possible within 24 hours of arrival at the facility, but no later than the next working day, the detained person shall undergo a health check conducted by the staff responsible for medical assistance (medical staff). The person is specifically questioned concerning risks of exposure and potential symptoms of infectious diseases.

2. During detention, the detained person may access medical staff regardless of the detention regime to which they are subjected.

3. Medical staff responds to consultation requests as promptly as possible. Requests for medical care are made confidentially, without any censorship from the facility.

4. Medical staff provides outpatient medical and pharmaceutical treatments, as well as nursing care, physiotherapy, and dental care. If necessary, the detained person may be referred to emergency services or outpatient consultations.

5. By decision of the attending physician, the individual may be admitted to the hospital or a prison medical unit.

6. Psychiatric care is provided according to the regulations concerning the protection of patients hospitalized in psychiatric settings.

1. Every medical and care procedure must be subject to the informed and free consent of the detained person.

2. The detained person has the right to consult their medical and care record and to receive a copy of it.

3. Medical confidentiality must be respected. No medical information may be disclosed without the consent of the detained person, except in cases provided for by law or its implementing provisions.

1. Healthcare Personnel Inform Inmates and Prison Staff About the Risks of Exposure to Infectious Diseases and the Preventive Measures to Be Applied.

2. The Inmate Has Access to the Necessary Materials to Prevent the Transmission of Diseases. The Implementation Procedures Take the Security of the Facility into Account; They Are Validated by the Prison Service.

3. The Inmate Has Access to Substitution Treatments in Case of Drug Dependency.

1. Healthcare personnel are subject to the conditions governing the activities of any person working in a penitentiary environment, particularly concerning security, the respect of investigation secrecy, and confidentiality.

2. In case of non-compliance, the authorization to enter penitentiary establishments may be revoked.

2. The establishment collaborates closely with the healthcare personnel. It particularly provides them with information concerning the health progression of the detained individuals.

3. In the absence of healthcare personnel, the establishment possesses first-line medications, not subject to prescription, to relieve detained individuals suffering from minor ailments. The list of first-line medications is determined by the healthcare personnel.

The detained person bears the costs resulting from their contacts with the outside world.

Correspondence may be monitored except for that exchanged between the detained person and their lawyers, the public prosecutor, judicial authorities, doctors, and execution and penitentiary authorities.

1. The Management of the Establishment Regulates the Terms of Telephone Use

The management of the establishment regulates the terms of telephone use.

1. The management of the establishment regulates the procedures for receiving parcels. It lists the substances and objects that are permitted.

2. Unauthorized objects are, whenever possible, returned to the sender at their expense or at the expense of the recipient. If this is not feasible, they are destroyed.

1. Authorized multimedia devices and computers are subject to inspection before they can be used by the detained person.

2. The management of the facility may at any time have these devices inspected by specialists. If a faulty behavior results from such inspections, the costs are to be borne by the detained person and may be deducted from their remuneration.

3. Rental fees for such devices are collected in the form of a flat rate set by the management of the facility.

4. Furthermore, the management of the facility regulates the terms related to multimedia devices and computers.

1. Detainees are permitted to communicate with the media, unless compelling reasons to the contrary exist in the name of security and safety, public interest, or the protection of victims, other detainees, or staff.

2. Any request to communicate with the media must be submitted in advance to the administration of the facility, which forwards it with its recommendation to the penitentiary service and the authority upon which the detainee depends for a decision.

1. Visits must be announced in advance to the establishment and take place by appointment only.

2. The visit occurs in a visiting room equipped with a partition glass when requested by the procedure management or ordered by the establishment's management if the behavior of the detainee, security, or maintenance of order requires it.

3. Furthermore, the establishment's management regulates the terms related to the visits.

1. To promote the maintenance of relationships, the management of the establishment may authorize and organize family visits as long as the premises allow.

2. It determines the modalities, conditions, frequency, and duration of these visits based on the infrastructure and resources available.

3. It seeks the opinion of involved third parties, particularly from the executing authority. The authority may request an opinion from the dangerousness commission.

4. The detained person can only benefit from family visits after a consecutive stay of three months in the establishment and if their behavior does not oppose it.

5. A family visit is counted as an ordinary visit.

1. In order to facilitate the maintenance of couple relationships, the administration of the establishment may authorize private meetings to the extent that the facilities allow it.

2. It determines the modalities, conditions, frequency, and duration of such meetings, taking into account, in particular, the infrastructure and resources.

3. It seeks the opinion of the involved parties, notably the enforcement authority. The enforcement authority may request a preliminary opinion from the danger assessment commission.

4. The detained person can only benefit from private meetings after a consecutive six-month stay in the establishment and if their behavior is not opposed to it.

5. Private meetings are no longer authorized as soon as the detained person can obtain a leave of absence.

6. The detained person allows the administration to confer, prior to the meeting, with the visiting person and to inform them of the content of their criminal judgment. On this occasion, the visiting person must provide written consent for the unsupervised meeting and attest to having acknowledged the regulations concerning the area reserved for private meetings.

7. The meetings are not monitored. Security measures, including searches, may be ordered.

8. Private meetings constitute a modality of visitations and count as one ordinary weekly visit or a family visit.

1. An individual who violates the regulations related to visits or otherwise endangers order and safety within the establishment may have their visitations restricted or prohibited by the management.

2. The duration of the restriction or prohibition on visits shall be for a maximum of six months. In the event of a recurrence, the prohibition may be permanent.

3. Visits from the spouse, registered partner, and children cannot be permanently prohibited.

1. The items intended for the detained person are handed over by visitors to the establishment's staff, who proceed with their inspection.

2. Items not authorized by the establishment's management are, whenever possible, returned to the visitor at their expense. If not possible, they are destroyed.

3. Cash is deposited into the detained person's account.

1. The detained person is obligated to work; however, it does not constitute a right to work. Work is assigned based on available openings, the health condition of the detained person, and, as far as possible, their skills and preferences.

2. The security and organization of the institution may also determine the choice of work.

3. Generally, a person placed in pre-trial detention or for security reasons is not assigned to work.

4. An exemption can only be granted for health reasons and upon presentation of a certificate from the entity responsible for medical assistance.

1. The detained person works, in principle, outside their cell and in a communal setting.

2. They have the obligation to comply with the instructions given to them and to perform their tasks diligently.

3. The schedule and nature of the work are determined by the administration of the facility.

1. The detained person is responsible for the tools, machines, and raw materials they use.

2. In case of intentional or negligent damage or destruction, Article 29 applies by analogy.

1. The planned training must be compatible with the duration of the sentence, security requirements, the organization of the institution, and the situation of the convicted person, particularly their disposition and capabilities.

2. The detained person may be required to contribute to the costs of their training, either partially or fully, depending on their means.

1 The detained person receives remuneration for their work.

2. In lieu of remuneration, a fair allowance is paid to the person serving a sentence or measure who is undergoing recognized training.

3. The amounts deposited in individual accounts do not bear interest.

4. For persons serving a sentence or measure, the provisions established by the Latin conference are otherwise applicable.

1. The cells and other premises of the facility may be searched at any time by order of the facility's management.

2. The detained person is present during the search of their personal effects unless search techniques or potential danger prohibit it.

3. If not, they are informed that their cell has been inspected, the results thereof, and any items confiscated.

1 The following means of constraint may be available to the staff of the institution

b) irritant substances, notably defense spray.

2. The conditions of use for these means are regulated by the penitentiary service.

3. The use of service dogs may also be authorized in the exercise of surveillance and for the purpose of searching for illicit or prohibited substances.

1. Confinement in a cell is executed in the detainee's own cell, in another empty cell, or in a disciplinary cell.

2. The facility's management may accompany it with deprivation of work, telephone access, or visits.

1. When a detainee is subjected to a urine, breath, or blood test, the costs related to a positive result are charged to them.

2. If they immediately contest the result of the test with valid reasons, a second assessment is ordered.

3. If the result of the second assessment confirms that of the first test, the costs of the analyses are borne by the detainee.

1. The management of the establishment, as soon as it becomes aware of an act that may lead to disciplinary action, initiates a procedure.

2. It establishes the facts and records them in writing.

3. The detainee is heard before any decision is made against them.

4. The decision is notified in writing to the detainee. It includes a brief statement of reasons, the sanction imposed, and an indication of the means of appeal.

1 Disciplinary measures are enforced in the disciplinary section.

2. The detained person is deprived of work, leisure, radio and multimedia devices, cultural activities, visits, and leaves, and cannot freely smoke, shop, or make phone calls. Correspondence is prohibited except with the supervising authority and their lawyer.

3. They have the right to a daily outdoor outing of at least one hour, in isolation.

4. The person serving disciplinary measures is monitored and supervised. Access to the medical assistance entity is guaranteed.

1. The disciplinary cell is provided with a supply of fresh air and sufficient natural lighting during the day. It is equipped with sanitary facilities.

2. It includes a place for lying down, equipped with a mattress, as well as a place for sitting and eating.

1. When the enforcement of penalties and measures takes place in a private law institution, the management of the institution is competent to impose disciplinary sanctions.

2. Disciplinary measures must be explicitly stated in the institution's regulations, which must have been previously approved as part of the institution's authorization procedure.

When placed in a non-concordant institution, the convicted person is required to contribute to the execution costs in an appropriate measure by allocating a portion of the income earned from an activity or a pension.

This decree repeals the Decree on the Application and Enforcement of Sentences and Measures for Adults (APMPA), dated March 9, 2011 [8], and the Decree on Health and Care in Correctional Facilities, dated May 13, 2009 [9].

1. This order shall enter into force on January 1, 2019.

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