Regulation Concerning the Granting of Exit Permits to Convicted Adults and Young Adults, of October 31, 2013 - Scope

[6] 1. This regulation applies to individuals serving their sentences or measures involving deprivation of liberty, in either open or closed regimes.

2. These provisions apply by analogy to semi-detention, short-term sentencing regimes, external work, as well as to the execution of measures and the execution of the sentence preceding internment.

3. For persons detained in anticipation of sentence or measure execution, the granting of conduct, permission, or leave falls under the jurisdiction of the procedure's management. This management can decide on the principle of authorization and make it subject to certain conditions or the fulfillment of obligations. It may delegate to the placement authority the competence for execution concerning various outings, particularly with regard to the timing, duration, as well as the conditions and obligations.

[7] 1. The authorization for release must not remove from the conviction its preventative character, nor harm security or endanger the community, particularly in cases of internment.

2. Repealed.

3. A detainee placed under an external work regime may benefit from leave according to the progressive scale provided in Article 11, paragraph 4 of this regulation.

4. A detainee placed under a semi-detention regime may benefit from leave according to the progressive scale provided in Article 11, paragraph 5 of this regulation.

5. The competent authorities may only grant a release authorization to a detainee against whom a criminal investigation is ongoing with the prior agreement of the competent judicial authority.

6. For the execution of a sentence under a high-security regime and the lifetime internment of extremely dangerous offenders, the Conference will, if necessary, issue specific provisions.

7. Articles 75a and 90, paragraph 4 bis of the Penal Code are reserved.

Leave permits are understood as follows

a) Leave, which is one of the means available to the competent authority to allow the detainee to maintain relationships with the outside world and prepare for their release. The principle of leave must be provided for in the penal sanction execution plan as long as it can be usefully established;

b) Permission, which is granted to the detainee to attend to personal, professional, or judicial matters that cannot be postponed and for which their presence outside the facility is essential;

c) Conduct, which is an accompanied outing granted due to a particular reason.

1. Exit permits are specifically regulated reliefs in execution, defined as authorized and time-limited absences from the correctional facility. They are an integral part of individual execution plans (Art. 75(3) and Art. 90(2) of the Penal Code) and primarily aim to achieve the legal goal of sentence execution, namely, the future ability to live without committing offenses (Art. 75(1) of the Penal Code). They specifically serve to

a) maintain relationships with the outside world and structure the execution;

b) handle personal, professional, or judicial matters that cannot be deferred and for which presence outside the facility is indispensable;

c) take care of personal, vital, and legal matters that cannot be deferred and for which the presence of the detained person outside the correctional facility is indispensable;

d) maintain a connection with the outside world and structure long-term execution;

e) therapeutic purposes (e.g., performing therapeutic tasks, verifying therapeutic work, maintaining basic motivation for therapeutic work);

f) prepare for release.

2. Generally, leaves and permissions are unaccompanied. The authority granting the permission may order that the detained person be accompanied if deemed necessary to ensure the normal course of the relief in execution. Unless expressly ordered otherwise, accompaniment is performed by employees of the correctional facility. It is the responsibility of the accompanying person to ensure compliance with the exit or leave program.

1. Considered as relaxations in execution are all instances of imprisoned persons being

a) outside the security sector of a closed execution facility or a closed section of an open execution facility;

b) outside the premises of an open execution facility, with the exception of accompanied activities provided for in the execution plan and known to the placement authorities.

2. The relaxations in execution recognized by the CCDJP are listed in the CCDJP Notice, dated March 29, 2012, attached to these regulations.

3. Not considered as relaxations in execution are

a) instances where the police take detained persons (e.g.: for interrogations, hearings, medical appointments);

b) transportation of detained persons using the inter-cantonal transport system JTS or prisoner transports specific to the canton.

4. If, within the framework of sentence and measure execution, a person is detained in a hospital or psychiatric clinic, accompanied movements within the premises of the hospital or clinic fall under the jurisdiction of the hospital or clinic, unless expressly arranged otherwise by the placement authorities.

1. The placement authority is responsible for planning the entire execution and coordinates the execution thereof.

2. It determines the appropriate execution institution and also decides on granting any reliefs in execution.

3. It may condition the granting of reliefs in execution upon compliance with certain conditions and obligations.

1. The management of the establishment must notify of any release request that requires the authorization of the competent authorities of the canton of judgment.

2. The opinion of probation services, a report from the therapist, as well as any information from an authority or third parties may be required.

3. If the detained person wishes to visit their family or third parties, the competent authorities may request the prior consent of the interested individuals.

1. The placement authority may delegate entirely or partially its competence to decide on leniency in execution to the executing establishment. This delegation, made by mutual agreement, must be in writing. It can be accompanied by conditions.

2. A delegation of decision-making competence is excluded for detainees whose dangerousness to the community is recognized. The commission of one of the offenses referred to in Article 64, paragraph 1 of the Penal Code presumes dangerousness.

3. When setting the conditions for granting leave, the competent authorities particularly take into account the interests of the victims and the circumstances of the committed offense.

1. If the decision regarding a relief in execution cannot be postponed, the placement authority cannot be reached, and decision-making powers have not been delegated, the administration of the execution facility suspends the relief.

2. The administration of the execution facility informs the placement authority as soon as possible. The latter decides whether to maintain, adjust, or remove the relief.

1. To obtain a release permit, or respectively a leave or permission, the detained person must

a) formally request a release permit;

b) have spent two months in the same institution, provided that they have served at least one-third of their sentence; subject to the decision regarding the execution of sentences in the form of semi-detention;

c) provide evidence proving that granting a release permit is compatible with the need for community protection;

d) justify that they have actively participated in the resocialization goals outlined in the penal sanction execution plan and that this request is included in the said plan;

e) demonstrate that their behavior during detention makes them worthy of the increased trust they are seeking;

f) have a sufficient amount, earned through their work, or the compensation credited to their account.

2. Leave requests must be submitted at least one month before the anticipated leave date.

3. Exceptional reasons for granting permission are reserved.

4. To obtain a release permit, the competent authority sets the conditions on a case-by-case basis.

5. Furthermore, depending on the circumstances, the competent authorities designated by the canton may notably require

a) proof that the detained person's identity papers are deposited with a Swiss authority;

b) guarantees regarding the circumstances likely to promote the successful completion of the release;

c) the implementation of additional technical surveillance measures.

1. The detained person may obtain at most one leave every two months.

2. For particular reasons, the competent authority may deviate from the schedule by granting split leaves.

3. The duration of the leave is determined according to the following scale

d) from the 7th leave onwards, a maximum of 54 hours.

4. Detained persons who meet the conditions for granting external work but cannot benefit from it for reasons not attributable to them have the possibility of obtaining weekly outings according to the following scale

e) from the 5th month onwards: 172 hours.

5. For semi-detention, the institution defines the time the person spends outside as part of their professional activity. Except for duly justified exceptions, this quota may not exceed 13 hours. Leaves are granted according to the following scale

h) from the 8th month onwards: a maximum of 172 hours.

6. The duration of a permission is generally a maximum of 12 hours, including travel time; in all cases, it cannot exceed 16 hours.

7. The duration of an escort is generally 4 hours. It cannot exceed 8 hours, including travel time.

1. Leave may be granted insofar as circumstances permit and under the following conditions

c) other conditions related to the granting of leave are reserved.

2. The granting of leave is subject to the following conditions

a) when the date of such leave to be granted falls between December 1st and January 31st, the planned leave may be rescheduled (advanced or delayed) to coincide with the Christmas holiday period;

b) the number of overtime hours allocated is a maximum of 12 hours;

c) it is not possible to obtain a second leave during the month of December;

d) the next leave can only be taken starting from February 25th.

1. Under and within the framework of granting a temporary release, the executing institution issues the detainee a safe-conduct pass, which they must carry on their person at all times and present if required for inspection.

2. For inmates under ordinary execution, a copy of the safe-conduct pass is sent in advance

d) if applicable, to the family or the third party where the detainee is going (Art. 7, para. 3 of this regulation).

3. The institution informs the police of the release if deemed appropriate, according to the method it considers most suitable.

The safe-conduct must necessarily include the following information

a) the dates of departure and return;

b) the time of departure and the time of return;

c) the locality or localities to which the detained person is permitted to travel;

d) the amount of money given to the detained person (only for persons detained under the ordinary regime);

e) the obligation to maintain proper conduct;

f) any conditions that may apply upon departure;

g) the prohibition against leaving Swiss territory.

1. If the person detained under a release authorization no longer meets the conditions and the competent authorities cannot yet make a decision, the management of the establishment may provisionally suspend the release, for serious reasons or as a precautionary measure.

2. They must inform the competent authorities without delay, who must rule within a period of 10 days.

3. Any appeal against the decision does not have a suspensive effect.

The placement authority is responsible for ensuring that the implementing institution receives, at the time of placement and during execution, all important information for organizing the execution. It provides the implementing institution with the necessary documents, including an execution order with personal data, offenses, and execution data, judgments, possible expert reports and recommendations from the specialized commission, and the extract from the criminal record. It informs, as far as possible, about the health status of the detained person, regarding foreign law status, any removal measures, and RIPOL system entries, as well as ongoing procedures.

1. If the authority to grant reliefs in execution is not delegated, the execution institution submits the request to the placement authority in advance. The request contains information about the specific organization and the framework conditions of the intended relief in execution. Furthermore, the execution institution informs about compliance with the execution plan and the cooperation of the detained person in the planning and implementation of the execution planning objectives.

2. The execution institution provides advance notice of the conditions for granting reliefs in execution and determines whether any deficiencies can be remedied through conditions or accompanying measures.

3. If the detained person is undergoing court-ordered therapeutic treatment within the execution institution, the latter considers the opinion of the competent therapist on, among other things

c) the recommendations aimed at risk reduction.

In the event of the transfer of the detained person, the traveling file is transmitted to the new facility of execution.

Decision Reserved Regarding the Conclusion of an Agreement Among the Three Swiss Penitentiary Concordats on the Matter of Prison Leave.

1. In the case of individuals who have been convicted of an offense referred to in Article 64, paragraph 1 of the Criminal Code, the placement authority must examine in greater detail the dangerousness of the individual in collaboration with the specialized commission. It may also request a new expert assessment.

2. To do so, it takes into account in particular the analysis of the type and motivation of the act, the modus operandi, the evolution of criminal behavior, mental disorders, personality and corresponding problematic areas, specific conflict behavior, social skills, developments in criminal behavior since the time of the offense, behavior in detention, relational abilities, the capacity to make and keep commitments, progress in therapy, awareness of the act, acknowledgment of responsibility for the offense, the possibility of treatment, motivation to undergo therapy, as well as the social environment that will receive the person in the event of a relaxation in the execution of the sentence.

**1. The decision on whether to authorize a relaxation in execution must be based on an analysis of the concrete risks of flight or commission of a new offense, taking into account the purpose and specific modalities of the proposed relaxation, as well as the current situation of the detained person.**

**2. Relaxations in execution may be granted when:**

a) the convicted person is no longer deemed dangerous to the community; or

b) third parties can be sufficiently protected from a residual risk through accompanying measures or conditions; or

c) given the situation, relaxations are necessary for the preparation of conditional or definitive release.

**3. The placement authority sets the rules for accompaniment according to the protocol established by the concordat commission.**

1. The placement authority takes into consideration the opinion of the specialized commission when

a) it intends to authorize a relaxation in execution and;

b) the detained person is interned or sentenced to a custodial sentence or;

c) it cannot unequivocally determine for itself the dangerous character of the detained person for the community.

2. The specialized commission gives its opinion on the threat to third parties posed by the contemplated relaxation in execution and, if necessary, makes recommendations on the framework conditions and accompanying measures that would help to reduce any potential threat.

1. The placement authority makes a written and reasoned decision regarding the alleviation in execution. It ensures the integration of the detained person into RIPOL.

2. The executing establishment ensures that the decision is implemented. It must provide the accompanying persons with all the relevant information about the detained person and the purpose of the alleviation, as well as the security measures and the behavior to be adopted in case of an emergency. If the executing establishment considers that the decision or the ordered conditions are not feasible, it must immediately inform the placement authority; the release is thus suspended.

**1. This regulation repeals the regulation on the granting of exit permits to convicted adults and young adults, dated September 25, 2008.**

**2. The Conference therefore invites the governments of the cantons of Latin Switzerland to subsequently adjust their cantonal regulations regarding exit permits.**

**3. This regulation enters into force after its adoption by the cantons according to their respective rules.**

**4. It is published on the Conference's website and by each canton according to its respective procedures.**

**Notice on Alleviations in the Execution of Sentences and Measures**

**1. Current Situation**

Arising from Article 123 paragraph 2 of the Federal Constitution (RS 101) is the principle that the execution of criminal sanctions falls within the purview of the cantons. The cantons are obliged to execute the judgments rendered by their courts (Art. 372 para. 1 of the Swiss Penal Code, RS 311.0, abbreviated CP). They must ensure uniform execution of criminal sanctions (Art. 372 para. 3 CP). The three regional execution Concordats contribute to this effort of legislative harmonization, with the Latin Concordat having the authority to enact directly applicable binding regulations that have the force of law; in contrast, the directives and recommendations of the Swiss-German Concordats invite their members to incorporate the content of the regulations into their cantonal legislation. These differing conditions do not allow the CCDJP to formulate binding regulations at the federal level. Nor is it necessary: the three Concordats have detailed arrangements regarding leaves and exits. The content of these regulations aligns in broad terms.

However, there sometimes remain uncertainties or different formulations, especially concerning executions involving authorities and penal execution institutions from different Concordats, on

- what is meant by alleviations in execution;

- who is competent to authorize alleviations in execution;

- how collaboration and the exchange of information should occur between those involved in executing a penal sanction;

- what particularities should be taken into account with dangerous individuals.

The uncertainties, where possible, should be addressed using a common note that will serve as an interpretative aid for the concerned State services. It will be up to the Concordats to determine whether an adaptation/clarification of their respective regulations is necessary and appropriate in the sense of this common note.

**2. Definitions**

The CP contains the following legal definitions

- Place of Execution (Art. 76 CP)

Custodial sentences are executed in a closed or open institution. The detainee is placed in a closed institution or the closed section of an open institution if there is a risk that they might escape or commit new offenses.

- Alleviations in Execution (Art. 75a para. 2 CP)

Execution alleviations are relaxations of the incarceration regime, notably the transfer to an open institution, the granting of leave, the authorization to work or reside outside, as well as conditional release.

- Leaves (Art. 84 para. 6 CP)

Leaves of appropriate length are granted to the detainee to allow them to maintain relations with the outside world, to prepare for their release, or for specific reasons, provided their behavior during sentence execution does not oppose it and there is no risk of them fleeing or committing further offenses.

- Dangerous Character to Society (Art. 75a para. 3 CP)

The dangerousness of the detainee to society is admitted if there is a risk of the detainee escaping and committing another offense by which they would seriously harm the physical, psychological, or sexual integrity of others. As for placement in an open institution and the granting of alleviations in the execution of measures, Art. 90 para. 4bis CP refers to Art. 75a, which applies by analogy.

**2.1. Alleviations in Execution**

Considered as alleviations in execution are all stays of detained individuals

- outside the security sector of a closed execution institution or a closed section of an open execution institution [8];

- outside the premises of an open execution institution [9], except for accompanied activities [10], planned in the execution plan and known to the placement authorities [11].

Specifically considered as alleviations in execution are

- accompanied outings

- unaccompanied outings

- special or relational accompanied leave

- special or relational unaccompanied leave

- activity outside the secured area of a closed execution institution (work beyond the institution’s walls or in a less secured sector)

- transfer from a closed execution institution to an open institution

- employment with a private employer, external work training

- external work

- external housing and work

- conditional releases.

Not considered as alleviations in execution

- when police escort detained individuals (e.g., for interrogations, hearings, medical appointments);

- prisoner transport with the inter-cantonal JTS transport system or cantonal-specific prisoner transport. If, within the context of sentence and measures execution, a person is detained in a hospital or psychiatric clinic, accompanied movements within the hospital or clinic’s premises [12] fall under the hospital or clinic's domain, unless the placement authorities expressly stipulate otherwise.

**2.2. Outings and Leaves**

Outings and leaves are alleviations in execution specifically regulated as authorized and time-limited absences from the execution institution. They are an integral part of individual execution plans (Art. 75 para. 3 and Art. 90 para. 2 CP) and primarily serve to achieve the legal objective of sentence execution, namely future law-abiding living (Art. 75 para. 1 CP). They serve notably to

- maintain/establish relations with individuals outside the execution institution;

- manage personal, vital, and legal affairs that cannot be delayed and for which the detainee’s presence outside the execution institution is indispensable;

- maintain the connection to the outside world and structure a long-term execution [13];

- therapeutic purposes (e.g., performing therapeutic tasks, verifying therapeutic work, maintaining basic motivation for therapeutic work);

- prepare for release.

As a rule, outings and leaves are unaccompanied. The authority granting the authorization can order the detainee to be accompanied when it seems necessary to ensure the normal course of alleviation in execution. Unless expressly ordered otherwise, the accompaniment is done by collaborators of the execution institution [14]. The accompanying person primarily ensures adherence to the outing or leave program. They take, according to the specific situation and circumstances, the requisite admissible measures to prevent the person from fleeing or committing an offense [15].

**3. Competence**

**3.1. Principle**

The placement authority is responsible for planning the entire execution and coordinates it. It determines the appropriate execution institution and decides notably on alleviations in execution. It can tie the granting of alleviations in execution to the observance of specific conditions and obligations.

**3.2. Delegation of Competence**

The placement authority can delegate its competence to grant alleviations in execution (except conditional release) fully or partially to the execution institution. This delegation must be made in writing [16]. The delegation of decision-making competence will be waived for detainees whose dangerousness to the community has not been denied.

**3.3. Competence in Cases of Temporal Emergency**

If a decision regarding an alleviation in execution cannot be postponed [17], the placement authority cannot be reached, and decision-making competences have not been delegated, the execution institution’s management makes the decision. It ensures an appropriate security setup is in place according to the possible dangerousness of the detainee and is inspired by any potentially granted previous alleviations in execution. In case of doubt, it seeks assistance from the police. The execution institution’s management informs the placement authority as soon as possible. The latter decides on the maintenance, adaptation, or suppression of the order.

**3.4. Issuance of Leave Authorization**

By virtue of and within the framework of granting leave, the execution institution issues a leave authorization for the specific leave to the detainee, which the detainee must carry during their absence from the execution institution and present to the police in case of control.

**3.5. Examination of Current Situation**

Before the scheduled date for the outing or leave, the execution institution verifies whether the granting conditions are still met at that time. If the conditions have changed (e.g., disciplinary action in the meantime, deterioration of health status, peculiarities on the leave day, etc.), the execution institution refuses to organize the leave. The placement authority is immediately informed [18].

**4. Collaboration / Information**

**4.1. Placement Authority**

The placement authority is responsible for ensuring that the execution institution receives all important information for organizing the execution at the time of placement and during execution. It hands over relevant documents to the execution institution, notably an execution mandate with personal data, offenses, and execution data, the judgments, potential expert opinions, and recommendations of the specialized commission [19], and the criminal record extract. It informs where possible about the detainee's health status, foreign law status, potential removal measures and RIPOL registrations, as well as ongoing procedures.

**4.2. Execution Authority**

If competencies for granting alleviations in execution are not delegated, the execution institution submits a written request to the placement authority. The request contains information about the specific organization and the framework conditions of the planned alleviation in execution [20]. The execution institution also informs about compliance with the plan.

**4.3. Transfer**

In case of transfer of the detainee, the execution files and a report on the advancement of the execution plan implementation are handed over to the new execution institution.

**5. Relationships with Potentially Dangerous Offenders**

**5.1. Increased Attention**

In the case of individuals convicted for crimes that can severely harm the physical, psychological, or sexual integrity of another person in principle or for whom there are risk indications for third parties, the placement authority must, if necessary, further examine the dangerousness in collaboration with the specialized commission. For this purpose, one should particularly consider the analysis of the type and motivation of the act, the modus operandi, the crime development, mental disorders, personality and corresponding problem areas, specific confrontational behavior, social competencies, developments since the offense in criminal matters, behavior in detention, relationship capabilities, ability to make and keep commitments, therapy development, awareness of the act, recognition of offense responsibility, treatment possibility, therapy motivation, and the social environment that will receive the person in case of execution alleviation.

**5.2. Alleviations in Execution**

The decision on whether to authorize an alleviation in execution must be based on an analysis of the actual risks of escape or committing a new offense, considering the aim and specifics of the contemplated alleviation, as well as the current situation of the detainee. Execution alleviations can be granted when

- the convicted person is no longer considered dangerous for the community [21] [22]; or

- third parties can be sufficiently protected from a residual risk through accompaniment measures or conditions [23]; or

- the execution data situation requires alleviations in execution to prepare for a prospective release [24].

**5.3. Integration of the Specialized Commission**

The placement authority integrates the specialized commission's position when

- it considers authorizing an alleviation in execution, and

- the detainee is interned or sentenced to life imprisonment, or

- it cannot make an unequivocal statement itself on the dangerousness to the community of another detainee.

The specialized commission provides an opinion on the risk that an alleviation in execution poses for third parties and issues recommendations on the framework conditions and accompanying measures that can reduce a potential threat.

**5.4. Decision Motivation**

The placement authority makes a written and motivated decision regarding the alleviation in execution. It ensures the detainee’s insertion in RIPOL [25]. The execution institution ensures the decision is implemented. It must provide the accompanying persons with all the necessary information about the detainee and the purpose of the alleviation, as well as the security setup [26] and behavior in case of emergency [27]. If the execution institution considers that the decision or ordered conditions are not feasible, it reports immediately to the placement authority.

**Berne / March 29, 2012 / Spring Assembly of the CCDJP (Plenary)**