Concordat on the Execution of Custodial Sentences and Measures Concerning Adults and Young Adults in the Latin Cantons (Latin Concordat on Adult Penal Detention), of April 10, 2006 - Principles

The concordat governs

a) the execution of custodial sentences, institutional therapeutic measures, and detention (hereinafter: the measures);

b) the early execution of the sentence or measure, subject to the jurisdiction of the judicial authorities;

if they fall under the responsibility of a partner canton and take place in a concordat establishment.

The organs of the concordat are

a) the Latin Conference of Cantonal Authorities Competent in the Execution of Sentences and Measures;

b) the secretariat of the conference;

c) the concordat commission;

d) the probation commission.

1. The conference is composed of one person representing each of the French-speaking cantons. Each cantonal government appoints a member of the cantonal executive to represent and act on its behalf.

2. A member of the executive from the canton of Ticino participates in the meetings with a consultative voice.

3. The members of the conference may be assisted by individuals responsible for the execution of sentences and measures.

**1 The Latin Conference of Cantonal Authorities Competent in Sentence and Measure Execution (hereinafter: the conference) is the supreme body of the concordat.**

2. The conference has the following powers

a) It makes decisions that the concordat assigns to its competence;

b) It drafts, in areas where it deems necessary, implementing regulations for the concordat. These regulations are adopted by the partner cantons according to their own rules;

c) It adopts, in areas where it deems necessary, directives and recommendations for the partner cantons aimed at harmonizing the execution

– of custodial sentences and measures; the same applies to the anticipated execution of the sentence or measure under the concordat; the competences of judicial authorities are reserved;

– of all exceptional forms of custodial sentences;

d) It supervises the application and interpretation of the concordat. It ensures, in particular, that the regulations of the concordat establishments contain nothing contrary to the concordat or its implementing provisions;

e) It may propose to the partner cantons the creation of new structures or the management of certain establishments by private operators under determined conditions (Art. 379 CP). If necessary, it sends recommendations to the partner cantons concerning improvements or adaptations to be made, particularly to the regime for the execution of custodial sentences and measures. The same applies to the anticipated execution of the sentence or measure; the competences of judicial authorities are reserved;

f) It proposes to the government of the interested canton to modify the allocation of a concordat establishment, respectively of a section;

g) It is competent to enter into agreements with a non-partner canton for the placement of certain categories of detainees;

h) It maintains relations with the Confederation, the two other penitentiary concordats, and the non-partner cantons;

i) It ensures the necessary relations with other institutional bodies, interested third parties, and the media;

j) It promotes and supports initial training, ongoing training, and professional development of the staff responsible for the application of sentences and measures under this concordat;

k) It establishes in a regulation the list of establishments intended for the execution of sentences and measures under this concordat and the minimum rules.

1. The conference appoints one of its members to preside over it.

2. It establishes a secretariat, the costs of which are jointly borne by the partner cantons. It determines the contribution of each canton.

3. It meets as often as necessary, but at least once a year or when one of the members of the conference requests it.

4. It determines its operating procedures.

1. The conference designates a person as the secretary of the conference.

2. This person prepares the conference sessions, keeps the minutes, and ensures the proper functioning of the secretariat.

3. They oversee the implementation of the conference decisions and, where applicable, their publication and dissemination. They carry out the tasks assigned to them.

4. They submit proposals to the conference, subject to Articles 8 and 10 of this agreement.

5. They ensure the promotion of inter-cantonal collaboration and relations with institutional bodies.

1. The concordat commission is composed of individuals responsible for the execution of sentences and measures from the partner cantons, appointed by their department head.

2. It is chaired by the person who serves as secretary of the conference.

3. A representative from the probation commission, appointed by the latter, participates in the meetings with an advisory vote.

4. The commission organizes itself and determines its mode of operation.

The concordat commission is entrusted with the following responsibilities

a) to examine the questions submitted to it by the conference, its secretariat, or one of its own members;

b) to submit to the conference, through the person presiding over the commission, all useful proposals for the application or adaptation of the concordat;

c) to promote the coordination and harmonization of practice, particularly with regard to the execution of sentences and measures in the partner cantons.

1. The probation commission is composed of individuals leading the probation services or offices of the partner cantons. The individual presiding over the probation commission is appointed by the conference.

2. A person representing the concordat commission, designated by it, participates in the meetings with an advisory vote.

3. The commission organizes itself and determines its mode of operation.

The probation commission has the following responsibilities

a) to coordinate and harmonize the probation practices of the partner cantons;

b) to specifically ensure the transfer of the execution of a judgment prescribing probation assistance;

c) to conduct all studies requested by the conference or the individual designated as its secretary;

d) to submit to the conference, through the individual designated as its secretary, all proposals it deems appropriate.

1 Subject to the provision of the necessary credits by the governments and parliaments of the concerned partner cantons, as well as federal subsidies, the partner cantons commit, according to the planning of the conference, under this concordat, to provide the structures and establishments required by federal law and to equip them with the necessary resources and personnel.

2. The conference ensures that studies and works regarding the creation of new establishments are conducted promptly.

The conference issues recommendations regarding safety, supervision, assistance, training, and working conditions within the various types of institutions or sections of institutions assigned to the execution of custodial sentences and measures.

1. For the execution of custodial sentences and measures, men and women shall be placed in separate institutions or separate sections of institutions.

2. Exceptions may be provided by the conference, particularly for the execution of measures and for forms of execution that deviate from the norm.

1. The partner cantons commit to placing in the institutions or sections of institutions recognized by the conference those detained or interned persons to whom this concordat applies.

2. The conference shall establish in a regulation the conditions under which a canton may refrain from placing a detainee sentenced to a short-term sentence in the aforementioned institutions.

3. The placement or transfer of a detainee to a non-concordant institution, whether or not located in one of the partner cantons, remains reserved for particular circumstances, notably for reasons of care, security, discipline, or inmate population, subject to the competencies of the judicial authorities.

1. The cantons with inter-cantonal facilities or sections of such facilities agree to admit detainees from partner cantons.

2. To the extent that the facilities have a sufficient number of spaces, they may admit persons in pre-trial detention or those held in anticipation of a sentence or measure; the jurisdiction of the judicial authorities is reserved.

**1. The competent authorities designated by the canton, responsible for the execution of the judgment or decision (hereinafter: judgment canton or the canton on which the detained person depends), proceed at their discretion to place the concerned person in the appropriate facility or section of the facility.**

2. They base their decisions on the indications contained in the judgment or decision, as well as various elements provided to them or requested from a commission, an appointed expert, or the judicial authority, as the case may be.

3. Provided that the cantonal procedure allows, the reasoned judgment and the extract from the criminal record are transmitted to the facility management, along with, if applicable, the psychiatric report or any other opinion.

4. If, during the execution, the facility management is of the opinion that the detained person needs to be transferred, it submits a request to the competent authority of the judgment canton or the canton on which the detained person depends.

5. Cantonal law remains applicable in the case of transfers following a modification of the conviction after judgment.

1 The sentencing canton exercises, unless it has expressly delegated them to another canton, all legal competencies related to the execution of the penalty or measure.

2. It rules particularly on

i) the transfer to another institution.

3. It is also competent in matters of probation assistance and social assistance, if it has not delegated these to the authority of the canton in which the detained person will reside after their release.

1. In order to develop the social behavior of the detained person while protecting the public community, a sentence execution plan and a treatment plan for the execution of the measure are established, subject to the provisions on life internment.

2. The conference sets the conditions and modalities of application.

3. The competence, procedure, and responsibility of the cantons concerning the sentence execution plan and the measure are reserved.

Persons detained in a concordat facility are subject to the legal and regulatory provisions of the canton where the facility is located, particularly in disciplinary matters.

The competent authorities of the partner cantons have the authority to visit the joint institutions.

1. Concordat establishments shall report to the canton of judgment, the canton where the establishment is located, or the canton responsible for the detained person, as soon as possible, in the event of a failure of a leave, an escape, a serious illness or accident, or the death of a detained person.

2. They shall provide preliminary information particularly concerning leaves, external work and external housing, conditional release, and the suspension of the custodial sentence or measure.

3. They shall respond to any information request made by the cantons of judgment or those responsible for the detained person concerning the detained persons under their authority.

The cantons where the establishment is located ensure social, medical, and spiritual assistance within the establishments.

1 The partner cantons provide work opportunities for detainees and possibilities for acquiring training or further education to foster their development and social behavior.

2. They take into account the needs, circumstances, possibilities of the institutions, and the protection of the public community.

1. Federal law governs the coverage of the costs of benefits enjoyed by the detained person subject to this law (currently LAMal).

2. The coverage of premiums for mandatory health insurance, the deductible, the share of costs exceeding the deductible, and contributions to hospitalization costs are determined by the legislation of the canton where the detained person was regularly established at the time of their arrest and judgment.

3. The coverage of the costs of benefits for detained persons not subject to federal law (currently LAMal) is borne by the canton of judgment or the canton on which the detained person depends.

4. The detained person covers the costs of benefits they have received if their financial situation or the proceeds of their work permits.

5. Subject to this condition, medical costs are borne

a) by the canton of judgment or the canton on which the detained person depends, in case of illness;

b) by the canton where the detention facility is located, in case of an accident.

6. Costs related to treatment not covered by federal law constitute the costs of executing the sentence or measure.

1. Subject to being covered by the detained person, dental expenses not covered by mandatory health insurance shall be borne by the canton of judgment or the canton in which the detained person resides, insofar as they are strictly medically necessary.

2. The conference determines the portion of the expenses that the detained person must cover.

The coverage of medical expenses in the event of placement in a therapeutic institution is regulated in accordance with Article 28.

1. When the detainee is placed in the establishment, the canton of the establishment's location insures the detainee against these risks and bears the financial consequences of these risks. The conference sets the terms and conditions of this coverage.

2. The competent authority that places a detainee in remunerated external work informs the employer that they must insure the detainee against the risks of professional and non-professional accidents and occupational illness.

1. The canton of judgment or the one on which the detained person depends is responsible for the payment of the latter's lodging expenses.

2. The lodging prices in the concordat institutions are set by the conference, which takes into account, in particular

a) the types of institutions or sections of institutions;

b) the requirements that these must fulfill;

c) the conditions of their operation;

d) the amount that the detained person is required to pay as a contribution to execution costs.

1. Inmates placed in concordat establishments receive net compensation for their work or a fair allowance in the event of participation in basic education and continuous training measures.

2. The conference sets the conditions, modalities, and amounts for the remuneration, allowance, and the inmate's contribution to the execution costs.

The French-speaking cantons accept detainees whom the canton of Ticino requests to place

a) in open facilities with a closed section or closed facilities with an open section, if the sentence is at least one year;

b) in facilities intended for the execution of measures applicable to young adults;

c) in facilities intended for receiving dangerous detainees suffering from a mental illness.

The Canton of Ticino shall give priority to receiving detainees from partner cantons to the extent of its capacity.

1. Any dispute between partner cantons or subordinate bodies of the concordat shall be resolved by the conference in a single instance.

2. The Federal Act on Administrative Procedure, dated 20 December 1968 [2], is applicable.

1. **Coordinated Parliamentary Oversight** is established in accordance with Article 8 of the Convention on the Negotiation, Ratification, Implementation, and Amendment of Intercantonal Conventions and Treaties of the Cantons with Foreign Entities, concluded on March 9, 2001 (hereinafter: the Convention).

2. The **Interparliamentary Commission** consists of three members from each canton, appointed by the parliament of each respective canton.

3. **Article 8 of the Convention** specifies the mandate and the operational procedures of this Interparliamentary Commission.

1. The concordat shall come into force, after being approved by the competent authorities of all the partner cantons, on the date set by the conference [3].

2. From this date, the concordat on the execution of sentences and measures concerning adults and young adults in the French-speaking cantons and in Ticino, dated October 22, 1984 [4], approved by the Federal Council on June 3, 1985, and its implementing legislation are repealed, except for the regulation concerning the foundation for interned and convicted drug addicts, dated December 10, 1987 [5].

1. The execution of sentences involving deprivation of liberty and measures ongoing at the time of entry into force is governed by this concordat unless the previous law is more favorable to the detained person.

2. Furthermore, the conference takes the necessary measures for the transitional period.

3. The regulations, decisions, recommendations, and directives provided by the concordat on the execution of sentences and measures concerning adults and young adults in the French-speaking cantons and Ticino, dated October 22, 1984, remain in force, to the extent that their provisions do not contravene the aforementioned rules, until the enactment of those which will be issued under the application of this concordat.

The partner cantons shall refrain from entering into agreements that are contrary to the concordat.

1. Each of the partner cantons has the authority to terminate the concordat at the end of a calendar year, subject to a notice period of five years.

2. The notice of termination must be sent by the cantonal government to the member presiding over the conference.

Thus adopted by the Latin Conference of the Heads of Departments of Justice and Police [6].