Regulation on the Execution of Sentences in the Form of Semi-detention (Semi-detention Regulation), of 30 March 2017 - Types of Sanctions

1. The conditions for granting semi-detention are defined by Article 77b of the Criminal Code.

2. Semi-detention is permissible for custodial sentences as well as for substitute custodial sentences for fines and pecuniary penalties.

1 During the execution of semi-detention, the detained person continues their activity or work outside the facility under the conditions set by the facility.

2. They spend their leisure and rest hours within the facility.

1. Semi-detention is permissible provided that the sentence imposed or the total duration of the concurrently executable sentences

a) is less than 12 months; pre-trial detention or detention for security reasons is not taken into account in the calculation (gross principle) [3], or

b) is more than 12 months, but considering pre-trial detention or detention for security reasons, a maximum of 6 months must be served (net principle) [4].

2. For sentences with partial suspension, the non-suspended part is decisive.

If one or more remaining portions of sentences must be served following the revocation of parole, the following elements are decisive for calculating the duration of the sentence

a) the remaining portion of the sentence, if the judge has not established a cumulative sentence in a new case;

b) the cumulative sentence, if the judge has established a cumulative sentence in a new case.

[5] The following conditions must be met to qualify for semi-detention

a) a request from the convicted person;

b) no risk of escape;

c) no risk of committing further offenses;

d) admission to work, undergo training, or engage in an activity as defined in letter f, second sentence below;

e) no expulsion under Articles 66a and 66a bis of the Penal Code;

f) continuation of professional activity or recognized training with an occupational rate of at least 20 hours per week. Domestic work, educational work, participation in an occupation program, or any other structured occupation are deemed equivalent;

g) guarantees regarding compliance with the framework conditions of semi-detention and the regulations of the execution institution.

[6] The executing authority

a) informs the convicted person of the modalities of this form of execution, particularly the inspections provided for in Article 11 of this regulation;

b) grants the convicted person a period to submit a request concerning this particular form of execution;

c) examines the request of the convicted person and the attached documents;

d) contacts, if necessary, all competent authorities, particularly in matters of immigration law, to ensure this form of execution is compatible with the personal situation of the convicted person;

e) decides on the request and, in case of acceptance, determines the location and start of the execution, as well as the conditions to which it is subjected.

1. The convicted person must specifically provide the following documents

a) Salaried worker (employee)

An employer's certificate or the employment contract, indicating the place of work and working hours, as well as a recent salary statement;

b) Self-employed worker

A document certifying the self-employed activity (e.g., AHV statement, social insurance certificate) indicating the place of work and working hours;

c) Trainee

A training certificate indicating the place of training and the hours of courses.

2. The convicted person of foreign nationality must also provide a certificate of their residency rights in Switzerland, as well as a certificate of their right to work or undergo training if this information is not clearly indicated in the residence permit.

1. If the convicted person does not meet the required conditions to benefit from this particular form of execution, the authority may grant them a period to request another form of execution.

2. This possibility is excluded in cases of abuse, non-compliance with the obligation to cooperate and communicate, non-observance of deadlines, submission of incomplete documents, as well as in the presence of circumstances that immediately exclude an alternative form of execution.

1. The institution of execution establishes the execution plan in agreement with the convicted person.

2. The plan specifically regulates the exit and entry times based on working hours.

3. Per workday, the convicted person may spend a maximum of 13 hours outside the execution institution for the following activities

d) participation in individual or group therapies outside.

4. The convicted person must spend at least one day per week in the execution institution.

1. If the convicted person finds that they will not be able to comply with the set conditions, they must immediately inform the competent authority.

2. Furthermore, they must immediately inform the competent authority of any loss of employment, opportunity for training, or other occupation, as well as any change in their personal situation.

1 During the execution of semi-detention, the authority ensures that the detained person effectively carries out their activity.

2. To this end, it takes all measures it deems useful. In particular, it may, at any time

a) inform the organization employing the convict or providing the training that the latter is serving a sentence under the semi-detention regime and request to be notified immediately of the convict’s absence from their place of activity or training;

b) visit the place of activity or training of the convict.

3. The authority may delegate its competence to the management of the establishment or to another authority.

A detained person may be granted leave permissions in accordance with the Regulation of 31 October 2013 concerning the granting of leave permissions to adult and young adult convicts, applicable by analogy.

[7] 1. If the convicted person no longer meets the conditions set forth in Articles 3, 4, and 5, the semi-detention is terminated.

2. The convicted person continues to serve their sentence in either an open or closed penitentiary institution.

3. If the convicted person loses their job, education, or activity, in whole or in part, through no fault of their own, the competent authority may choose not to interrupt the semi-detention, provided that the convicted person finds another suitable activity within 21 days and that their supervision and monitoring are ensured during the transitional period.

The authority to which the convict is accountable may issue a warning to the convict who does not comply with the conditions inherent to the semi-detention regime or if, in any other way, they betray the trust placed in them, particularly if they

- abuse the time spent outside the execution facility;

- do not adhere to the entry and exit times;

- possess or consume narcotic substances;

- fail to comply with an obligation imposed on them (e.g., to undergo therapy, to abstain from alcohol, to adhere to the facility's regulations);

- refuse to pay the advance or contribution to costs.

1. If, despite a formal warning, the convict persists in their behavior, the authority upon which they depend may revoke the semi-detention regime and order, with immediate effect, the execution of the remainder of the sentence under the ordinary regime.

2. In serious cases, the revocation may be ordered without prior warning.

1. The management of the institution may, for serious reasons or as a precautionary measure, provisionally suspend the semi-detention regime.

2. During the period of provisional suspension, the convict is subject to the ordinary regime. If necessary, they may be transferred to another institution.

3. The management of the institution shall promptly inform the authority on which the convict depends, which must decide within a maximum period of 10 days.

1. If a criminal investigation is initiated against the convicted person, the execution of semi-detention may be suspended or revoked. The decision is made by the placement authority.

2. In case of an emergency, the decision may be made by the management of the institution, who must immediately inform the placement authority, which must decide within a maximum period of 10 days.

Disciplinary sanctions are reserved.

1. Payments of fines and monetary penalties are allocated according to the declared intent of the convicted person. In the absence of a declaration, the authority chooses the option most favorable for the convicted person.

2. An exception to this rule is possible if the statute of limitations is near. In such a case, the allocation will be made towards the fines or monetary penalties that prescribe first.

1. The person who benefits from this regime must pay a contribution towards the execution costs of the penalty.

2. The amount of this contribution is determined by the Conference.

3. The detained person makes advance payments, the amount of which is set by the management of the establishment.

4. The competent authority may grant a partial exemption from the contribution to costs if the convicted person requests it and demonstrates their difficult situation, especially if the obligation to contribute to the costs prevents them from fulfilling their maintenance and support duties.

1 As a general rule, during working days, detainees have their meals outside, with the exception of breakfast.

2 The costs of these meals and transportation from the facility are the responsibility of the detainees.

1. Semi-detention is carried out in an open facility or in an open section of a closed facility.

2. It can be carried out in the special section of a detention facility before trial, provided that the support for the sentenced person is guaranteed.

3. The facility may be managed by a private operator authorized by the Conference. Such a facility must ensure the necessary additional support for the sentenced individual, comply with a penal sanction execution plan if one has been established, and have regulations approved by the authority where the facility's headquarters are located.

4. Semi-detention sentences can be executed by both men and women in the same facility.

A detained person may request to forgo continuing the semi-detention regime. In this case, the remainder of the sentence is executed, in principle immediately, in an open or closed facility.

Subject to Article 43, paragraph 3 of the Criminal Code, the rules of conditional release (Art. 86 et seq. of the Criminal Code) apply.

1. Depending on particular circumstances (including reasons for care, security, discipline, proximity to home or workplace, or the number of detainees) and provided that the measures taken are neither contrary to the concordat nor disadvantageous to any canton or institution, placements may be made or accepted in institutions of non-concordat cantons.

2. Reserved is the delegation of authority to an authority of another canton.

**1. This Regulation Repeals the Decision of 25 September 2008 on the Enforcement of Sentences in the Form of Semi-Detention.**

2. The Conference therefore invites the governments of the cantons of French-speaking Switzerland to subsequently adapt their cantonal regulations related to semi-detention.

3. This regulation shall enter into force on 1 January 2018.

4. It is also applicable to sentences that were pronounced before its entry into force, but whose execution has not yet begun.

5. It is published on the Conference's website and by each canton according to its own procedure.