Regulations on the Enforcement of Penalties and Measures for Adults

This Regulation governs the execution of penal sanctions and rehabilitative assistance.

The regulation applies to

a) persons sentenced by the Ticino authorities;

b) persons sentenced by authorities of other Cantons or by federal criminal authorities, if the execution of the sentence is entrusted to the Canton of Ticino; decisions falling within the competence of the Cantons that issued the judgment or of the Confederation remain reserved;

c) persons sentenced by Ticino authorities, but who are serving their sentence in another Canton, to the extent that competencies are reserved to the Canton of judgment and subject to the delegation of competencies;

d) persons in pre-trial detention awaiting judgment and those awaiting extradition;

e) the early execution of a sentence or a measure.

1 The Authorities competent for the execution of sentences and measures are the Department of Institutions (Department), the Division of Justice (Division), the Judge for the Execution of Sentences (GIAP), the Directorate of Penitentiary Facilities (Directorate) and the Office of Rehabilitation Assistance (Patronato). [2]

2 The Department is authorized to enter into performance contracts, under which the partner entity organizes employment, professional integration and training programs for persons subject to sentence enforcement. Furthermore, it may decide to entrust public or private entities with tasks related to the execution of sentences and measures.

[2] Para. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

The Department is competent for

a) requesting authorizations from the Confederation under the Penal Code and its implementing ordinance;

b) approving the regulations of institutions and bodies entrusted with the execution of sanctions;

c) designating public and private institutions for the execution of penalties and deprivation of liberty measures;

d) defining the right of access to the database concerning the execution of penalties and measures by the Directorate of Prison Facilities, the Probation Office, and other interested authorities. [3]

Division [4]

[3] Subparagraph amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[4] Marginal note amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[5] **1** The Division is, in the field of the execution of sentences and measures, the "competent authority" or "executing authority" under federal law, unless otherwise provided by law or regulation.

**2** It also deals with

a) ...;

b) the planning and supervision of cantonal custodial institutions;

c) rehabilitation assistance, voluntary social assistance, and rules of conduct;

d) cooperation, for the execution of sentences and measures, with other Cantons and with the Latin Concordat on Adult Criminal Detention.

e) the adoption, with regard to custodial sentences imposed by military justice authorities, of the decisions that the law attributes, for convictions pronounced by ordinary criminal justice authorities, to the sentence enforcement judge. [6]

**3** The Division coordinates the management of a central database concerning the execution of sentences and measures, which is fed by the individual competent authorities in this field.

Sentence enforcement judge [7]

[5] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[6] Sub-para. introduced by R 7.9.2011; in force since 9.9.2011 - BU 2011, 492.

[7] Marginal note amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[8] 1 The Criminal Enforcement Court (GIAP) is competent to adopt decisions in cases established by law.

2 The GIAP also collaborates, for the execution of sentences and measures, with other Cantons and with the Latin Concordat on the Detention of Adults.

Management of prison facilities [9]

[8] Art. amended by D 21.12.2010; in force since 1.1.2011 - RO 2010, 563.

[9] Marginal note amended by D 21.12.2010; in force since 1.1.2011 - RO 2010, 563.

[10] 1 The Directorate of Penitentiary Facilities is subordinate to the Division and implements pre-trial detention and custodial sentences, as well as measures that must be served in the Cantonal Penitentiary.

2 It also exercises the powers attributed to it by these regulations and by the Regulations on Penitentiary Facilities of the Canton of Ticino.

[10] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[12] 1 The Office for Rehabilitative Assistance is subordinated to the Division and aims to prevent recidivism and promote the social integration of individuals entrusted to its care.

2 It ensures compliance with the rules of conduct imposed on convicted persons in accordance with Art. 94 SCC, the implementation and supervision of outpatient measures provided for in Art. 63 SCC, as well as the control of the execution of prohibitions on exercising an activity and prohibitions on contact and accessing determined areas according to Arts. 67 and 67b SCC.

3 It is furthermore responsible for proposing and monitoring the evolution of placements within the scope of measures provided for in Arts. 59, 60, and 61 SCC.

4 The Office for Rehabilitative Assistance supervises the execution of substitute measures provided for in Art. 237 para. 2 lett. e), f) and g) of the Swiss Criminal Procedure Code.

5 It prepares and coordinates the drafting and updating of the criminal sanction execution plan (Art. 75 SCC) and the measure execution plan (Art. 90 SCC).

6 The Office for Rehabilitative Assistance applies and controls the execution of external accommodation within the meaning of Art. 77a para. 3 SCC; it collects participation fees from the convicted person and is competent to decide on their reduction and exemption.

7 The Office for Rehabilitative Assistance designates a dedicated social worker for each person entrusted to its care; the social worker carries out, in the interest of the person entrusted to him or her, the tasks assigned by the supervisor; the Office for Rehabilitative Assistance administers, with the consent of the interested party, any income from gainful employment, social insurances, welfare benefits, and remuneration within the meaning of Art. 83 SCC.

8 It may order urine controls for individuals at liberty who are entrusted to its care.

9 The Office for Rehabilitative Assistance organizes and manages violence prevention programs during the suspension of criminal proceedings in accordance with Articles 55a SCC and 46b SMC. A fee ranging from CHF 50.– to CHF 500.– is levied. The costs are borne by the accused in case of conviction. In case of discontinuation of proceedings or acquittal, the costs shall be borne by the State, except in cases referred to in Art. 426 CrPC. The accused may request a partial exemption. [13]

Transmission of Files [14]

[12] Art. amended by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515; previous amendment: BU 2010, 563.

[13] Para. introduced by R 24.6.2020; in force since 1.7.2020 - BU 2020, 214.

[14] Marginal note amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[15] The transmission of documents to authorities that make a reasoned request may occur on the part of the Office only with the consent of the Division.

[15] Art. amended by R 21.12.2010; in force from 1.1.2011 - BU 2010, 563.

[19] 1 The Canton has the following establishments

- “La Stampa” and “La Farera” in Cadro

- “Lo Stampino” in Cadro and

- “Naravazz” in Taverne-Torricella.

2 The establishments serve for the execution of

a) custodial sentences and measures under closed or open regimes;

b) pre-trial detention (including for minors), security detention, detention pending extradition;

c) custodial sentences in the form of: semi-detention, separate days, external work;

d) sentences and measures which, for security, disciplinary, or placement reasons, cannot temporarily be executed elsewhere;

e) detention pending transfer.

3 For inpatient therapeutic measures (Art. 59 SCC) and for the treatment of drug addiction or other addictions (Art. 60 SCC), the Canton has at its disposal the Cantonal Psychiatric Clinic and specialized institutions, including private ones, based on special agreements.

4 The Department issues the Regulations for the Penitentiary Facilities of the Canton of Ticino.

[19] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[21] The Commission for the Examination of Dangerous Convicts issues regulations governing its internal functioning.

[21] Art. introduced by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[22] The Supervisory Board shall issue a regulation governing its internal functioning.

[22] Art. introduced by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[23] 1 The designated physician supervises the health service.

2 He is required to periodically inspect the facilities and to formulate his observations and proposals to the Management regarding the health service in general.

3 Once a year, he submits a written report to the Management.

4 The costs for treatments are regulated by the Federal Law on Health Insurance for detainees subject to it; for the remainder, the directives and regulations of the Latin Concordat on the matter apply.

[23] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[24] 1 The Division may order the convicted person to pay the monetary penalty or a fine in installments (Art. 35 para. 1, 106 para. 5 CP), based on the number of daily rates and the amount of the penalty. The maximum term for payment is twelve months.

2 In the event of non-payment of even a single installment within the fixed deadlines, the enforcement procedure for the monetary penalty or fine shall relate to the total amount due.

3 If there are serious reasons to believe that the convicted person intends to evade the monetary penalty (Art. 35 para. 2 CP), the Division may demand immediate payment or the provision of guarantees, in the form of a real estate pledge on a property located in Switzerland, a joint and several guarantee signed by a solvent person domiciled in Switzerland, or a bank guarantee issued by an institution with its registered office in Switzerland.

4 If the Division orders the enforcement of the substitute custodial sentence due to non-payment of the monetary penalty or fine, the convicted person has the right to submit a request to the competent authority (GIAP or Public Prosecutor's Office), which shall rule on the suspension of the substitute sentence and the extension of the payment deadline, on the reduction of the amount of the daily rate or the fine, or on the conversion into community service (Art. 36 para. 3 and 106 para. 5 CP).

[24] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 Public utility work is performed for the benefit of social institutions, public utility bodies, needy persons, or a public administration (beneficiary).

2 The Division concludes a contract with the beneficiary and the convicted person, which sets out the modalities of execution. [25]

[25] Para. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 The convicted person works during their free time, without remuneration.

2 Community service must be performed within the period set for each individual case by the competent authority, but cannot exceed two years. As a general rule, at least 10 hours of work must be performed weekly. The provisional suspension of the execution of the sentence may be decided for a serious reason.

3 The duration of community service may be cumulative with that provided for in labor legislation. However, the weekly duration of professional activity, including habitual professional activity and community service, must not deprive the person concerned of their right to daily or weekly rest.

4 The civil liability of persons placed at the disposal of public law beneficiaries is governed by the Law on the Civil Liability of Public Entities and Public Agents of 24 October 1988.

5 The civil liability of persons placed at the disposal of private law beneficiaries is governed by the Code of Obligations. The State is subsidiarily liable for damage that is not compensated or for injuries sustained by convicted persons.

1 To identify a suitable beneficiary, the Division collects information about the convicted person's personality and verifies their aptitude for a specific job, also interviewing the person concerned. [26]

2 It determines the nature and form of the work to be performed, as well as the days and hours during which it must be carried out.

3 Before commencing their work, the convicted person signs a declaration stating that they

a) are not suffering, to their knowledge, from a disease dangerous to others;

b) are fit for the work assigned to them;

c) undertake a duty of discretion regarding facts of which they become aware during the execution of the sentence.

[26] Sub-paragraph amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 To a convicted person sentenced to a maximum penalty of four weeks and deemed trustworthy, the GIAP may grant the execution of the sentence in separate days, if personal, family, professional, or social reasons justify it. [27]

2 The execution of the sentence in separate days consists of dividing the serving of the sentence into the convicted person's free days, as a rule during weekends.

3 A person benefiting from the execution in separate days, who receives a salary, must pay a contribution towards the costs of executing the sentence. The Division determines the amount of the contribution based on the concordat rules. [28]

4 The Directorate, upon request of the convicted person, may release them from the obligation to pay the contribution, totally or partially, if

a) the convicted person's remaining monthly income falls below the subsistence level;

b) the payment of the contribution prevents the fulfillment of family maintenance obligations. [29]

[27] Para. amended by R 21.12.2010; in force from 1.1.2011 - BO 2010, 563.

[28] Para. introduced by R 9.11.2011; in force from 11.11.2011 - BO 2011, 523.

[29] Para. introduced by R 9.11.2011; in force from 11.11.2011 - BO 2011, 523.

[30] 1. For custodial sentences of up to one year and remaining sentence portions of less than six months resulting from the computation of time spent in pre-trial detention, the GIAP may grant execution in the form of semi-detention if the following conditions are met

a) there is no expectation that the detained person will abscond or commit new offenses;

b) the detained person must, in principle, possess a valid residence permit in Switzerland;

c) the detained person has regular gainful employment with a minimum employment rate of 50%, or is pursuing a recognized educational program. Domestic work, internships, and social and professional integration programs are assimilated to regular gainful employment.

2. A person benefiting from semi-detention who receives a salary must pay a contribution towards the costs of sentence execution. The Division determines the amount of the contribution based on the concordat norms.

3. The Directorate, upon request from the convicted person, may wholly or partially exempt the same from the obligation to pay the contribution if

a) the convicted person's remaining monthly income falls below the subsistence level;

b) the payment of the contribution impedes the fulfillment of family maintenance obligations. [31]

[30] Art. modified by R 21.12.2010; in force since 1.1.2011 – BU 2010, 563; previous modification: BU 2008, 656.

[31] Para. modified by R 9.11.2011; in force since 11.11.2011 – BU 2011, 523.

[32] 1 Semi-imprisonment is interrupted by the GIAP and the sentence is executed under ordinary regime if the detained person

a) no longer complies with the conditions according to Art. 77b SCC;

b) does not respect, at the time of the commencement of the sentence or during its execution, the stipulated conditions (e.g., non-compliance with timetables, consumption of alcohol or drugs);

c) refuses to pay without valid reason the cash advance or the boarding fee.

2 The Directorate may provisionally suspend this regime for serious reasons or as a precautionary measure (for example, unjustified absences from the workplace, inadmissible behaviour, termination of contract due to gross negligence of the convicted person, serious abuse of granted trust). The Directorate immediately informs the competent authorities.

3 The detained person may request to waive the continuation of the semi-imprisonment regime. In this case, the remaining sentence is, in principle, immediately served under an ordinary regime.

4 In minor cases, the GIAP may issue a warning.

[32] Art. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1. The execution of the sentence in a closed institution, where security measures are high, is the ordinary form of execution when the detainee cannot be granted other forms of execution capable of preventing, in particular, escape or danger to third parties.

2. The execution of the sentence takes place uninterruptedly in the institution. The treatment, which has social reintegration as its ultimate goal, is based on a gradual granting of freedom aimed at the progressive empowerment of the inmate, based on an individual sentence execution plan.

3. A convicted person may serve a custodial sentence, either wholly or partially, in an open institution, meaning a facility with reduced security measures concerning its organization, personnel, and construction, if this placement does not pose dangers to the community, prevents the recurrence of criminal acts, and there is no risk of escape.

4. A transfer from an open regime to a closed regime is also possible for disciplinary reasons.

1 External work, as well as external work and accommodation, generally begin after the convicted person has served half of their sentence and are part of the penal sanction enforcement plan. Education is equated with work; for the latter, the imperatives of the academic calendar are taken into account. [33]

2 In general, this phase is preceded by the enforcement of the custodial sentence in an open institution or in an open section of a closed institution.

3 In the external work regime, the detained person spends their free time and nights in the institution.

4 If the detained person successfully completes the external work phase, they may subsequently reside outside the institution.

5 They receive remuneration adequate to the work and the quality of the services provided, in principle in accordance with an employment contract. The detained person must consent to external employment.

6 During employment outside the institution, the detained person remains subject to the penal sanction enforcement regime and to the disciplinary power of the institution.

[33] Para. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[34] 1 External work, as well as external work and accommodation, may be granted by the GIAP provided that the detained person

a) does not pose a risk of absconding or committing other offences;

b) does not endanger the maintenance of public security and order;

c) has complied with the sanction enforcement plan;

d) has actively participated in reintegration efforts;

e) has demonstrated the ability to meet their commitments;

f) is capable of complying with the obligations set by the employer or provided at the workplace, as well as those set by the institution or for external accommodation.

2 The detained person may be placed in external work if

a) as a rule, they have behaved satisfactorily during the period of placement in an open regime;

b) a position is available in a recognized institution for the execution of external work;

c) appropriate work outside the institution is guaranteed.

3 The detained person may be placed in external accommodation if

a) in general, their behaviour has been satisfactory for at least two-thirds of the foreseeable duration of external work (depending on conditional and/or definitive release);

b) they have an adequate room or apartment;

c) they sign the external accommodation contract, consent to and facilitate the social worker's control and home visits. If applicable, they submit to the obligation of urine tests.

[34] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[35] 1 A person benefiting from external work and accommodation, who receives a salary, must pay a contribution towards the costs of executing the sentence. The Division determines the amount of the contribution based on concordat norms.

2 The Directorate for External Work and the Office for Rehabilitative Assistance for External Accommodation, upon request from the convicted person, may exempt the latter from the obligation to pay the costs, totally or partially, if

a) the convicted person's remaining monthly income falls below the subsistence level;

b) the payment of the contribution prevents the fulfillment of family maintenance obligations. [36]

[35] Art. modified by R 21.12.2010; in force from 1.1.2011 - BU 2010, 563.

[36] Para. modified by R 10.12.2014; in force from 1.1.2015 - BU 2014, 515; previous modification: BU 2011, 523.

[37] 1 If the person detained benefiting from such a concession no longer fulfills the conditions, the GIAP may revoke it.

2 In urgent cases, the Directorate and the Office for Rehabilitation Assistance may provisionally suspend the benefit; in such a case, the convicted person must return to the establishment. [38]

[37] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[38] Para. amended by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515.

[39] 1 Outpatient treatment, with suspension of the execution of a sentence, is carried out by the Office for Rehabilitation Assistance with the designated therapist and the convicted person; the latter sign a specific commitment. [40]

2 The therapist must report non-compliance with the commitment; they will also be asked to express an opinion on the achievement of therapeutic objectives and the need to continue the treatment.

[39] Art. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[40] Para. modified by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515.

[41] **1 Inpatient therapeutic measures shall be carried out in agreement with specialist services, both public and private.**

**2 Persons placed in the Cantonal Psychiatric Clinic or in specialised institutions for the treatment of mental disorders (Art. 59 SCC), drug addiction (Art. 60 SCC) and for young adults (Art. 61 SCC) shall be subject to the Medical Directorate or the Directorate of the institution, respectively, for all matters concerning the treatment modalities and the execution of the measure, provided that the Directorate must act within the scope of the measure's execution plan, agreed upon with the Rehabilitation Assistance Office and approved by the Division.** [42]

**3 The Directorate, upon request of the GIAP or according to pre-established terms, shall provide a report on the evolution of the treatment, the achievement of therapeutic objectives, the prognosis, and the necessity of continuing the placement. Furthermore, it must report extraordinary events and the non-compliance with agreements by the convicted person.**

[41] Art. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[42] Para. modified by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515; previous modification: BU 2011, 523.

1 Internment according to Art. 64 CP is carried out at the Cantonal Psychiatric Clinic or at the "La Stampa" Penitentiary.

2 In the first case, Art. 25 is applicable.

3 In the second case, the internee is subject to the ordinary regime of closed prison, with exceptions reserved as required by the circumstances.

1 Early execution of a sentence or measure allows the accused to serve custodial sentences or liberty-depriving measures early, provided that the stage of the proceedings permits it.

2 Once the early execution of a sentence or placement is authorized, the Directorate, or the Office for Rehabilitation Assistance for placements provided for by Articles 59, 60 and 61 of the Criminal Code, shall handle the execution. Early execution takes place in a closed facility, according to the rules established for the execution of judgments. Upon entry into the execution facility, the accused begins to serve the sentence or measure; from that moment, they are subject to the execution regime, unless the purpose of pre-trial detention or security detention opposes it. [43]

3 Once the criminal decision becomes enforceable, ordinary execution begins.

[43] Sub-paragraph modified by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515; previous modification: BU 2010, 563.

[44] 1 The GIAP (Judicial Authority for the Enforcement of Sentences and Measures) may order the serving of a sentence or the execution of a measure in an establishment in another Canton when this is justified by the personality of the convicted person, for the achievement of the objectives set out in the enforcement plan of the criminal sanction, or by the necessity of medical care; the Directorate may order it when this is justified by reasons of security or internal order.

2 The Directorate, upon request of the competent authority, may authorize the serving of a sentence or the execution of a measure in a Ticino establishment for convicted persons from another Canton, particularly if they are domiciled in Ticino or are Italian-speaking convicts.

[44] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

Convicted persons must comply with the rules of execution and the regulations of the execution facilities.

1 No person may be incarcerated without a valid warrant of detention.

2 The incarcerated person is received by the officer in charge and provides all information useful for the creation of their individual file.

3 The information must include

a) the identity data of the incarcerated person, and for minors, the identity of their legal representative;

b) the reason for incarceration;

c) the Authority that ordered the incarceration;

d) the date and time of incarceration;

e) information on visible injuries or complaints of ill-treatment;

f) any useful information on the physical or mental health status of the incarcerated person.

4 Upon incarceration, the detained person is, as a rule, subjected to fingerprinting.

5 The incarcerated person has the right to keep their personal belongings and clothing, provided that they are clean and decent.

6 A person incarcerated awaiting trial is accommodated, where possible, in an individual cell and is not put into contact with convicted persons against their will.

1 The incarcerated person must be informed of their rights, the laws, norms, and rules governing the deprivation of liberty and daily life in the establishment. They are received by surveillance staff who provide them with initial useful information and receive a copy of the establishment's regulations, possibly in a language known to them.

2 Within seven days of incarceration, an interview takes place with a social worker from the Office of Rehabilitation Assistance, in order to understand the personality of the new arrival, their aptitudes, problems, and needs, for the purpose of organizing their care. [45]

3 The incarcerated person may request a meeting with management in writing.

[45] Para. modified by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515; previous modification: BU 2010, 563.

1. An incarcerated person has the right to have their family, or their legal representative (parent, guardian, or conservator) respectively, informed of their incarceration, subject to authorization from the competent Authority in cases of preventive detention.

2. Subsequently, the flow of information with the family is guaranteed by the management or designated personnel of the facility. Authorization from the competent Authority is reserved.

1 ... [46]

2 Upon release, the inmate's money and objects still deposited with the establishment are returned to them. The inmate must sign a receipt of discharge for the returned goods.

3 Confirmation of release is transmitted to the interested Authorities. For minors, it is also transmitted to their legal representative.

[46] Para. repealed by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[47] 1 The plan for the execution of the criminal sanction or pre-emptive execution is prepared by the designated social worker, in agreement with the collaborators of the Directorate, and is approved by the Division.

2 To make their decision, they rely in particular on

a) the situation of the detained person;

b) their antecedents;

c) their state of health;

d) the report on any placements in other prisons or establishments;

e) their place of social integration upon release;

f) any plan for the execution of the criminal sanction already underway in another establishment.

3 The execution plan is submitted to the detained person for approval or for the formulation of any observations.

4 The Directorate, the Office for Rehabilitative Assistance, and the Division supervise the transmission of various information and decisions between the authorities involved. Likewise, they oversee the preparation of decisions concerning the application of the planning for the execution of the criminal sanction and measure or pre-emptive execution, as well as mandates carried out outside the prison. [48]

Special cases [49]

[47] Art. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[48] Para. modified by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515.

[49] Marginal note modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[50] 1 For semi-imprisonment, for sentences or remaining parts of sentences, after deduction of pre-trial detention, up to six months, a simplified execution plan is foreseen, prepared by the reference social worker and signed by the Directorate.

2 If the placement is less than 6 months, the Rehabilitation Assistance Office is responsible for preparing the release from prison, according to needs (search for accommodation, a job, creation of a social network, eventual organization of therapeutic follow-up).

[50] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

Every member of the institution's staff, whatever their function and activity, must fulfill, in favor of the inmates, a precise duty of moral and material assistance, and this in conformity with the aims of the treatment, collaborating in this sense with the specialists in charge.

1 Every incarcerated person must undergo a medical examination at the latest within seven days of incarceration; upon request of the incarcerated person or by decision of the physician, an exit medical examination shall be conducted. [51]

2 The prisoner has the right to medical assistance. Physicians may subject them to check-up examinations and, in agreement with the Management, take necessary measures.

[51] Para. modified by O 21.12.2010; in force since 1.1.2011 - RO 2010, 563.

Every inmate may satisfy the needs of their religious life by attending the services provided within the establishment and may keep with them the necessary texts.

1 Every prisoner must be encouraged and helped to maintain or establish contacts with the outside world that may facilitate their reintegration into social life.

2 In principle, contacts are guaranteed and unrestricted with

a) the competent criminal authorities;

b) the authorities responsible for the execution of sentences and measures;

c) European, national, and cantonal commissions for the supervision of human rights and detention conditions;

d) the consular and diplomatic representations of the country of origin.

3 Restrictions and controls made necessary in the interest of the security and discipline of the establishment, and limitations that are ordered by the competent authority for reasons of investigation, are reserved.

Prisoners may have access to information media authorized by the head of the institution, subject to limitations ordered by the competent Authority for investigative reasons.

1 All prisoners participate in the internal life of the institution according to their situation.

2 The Directorate is responsible for organizing the work activities of detainees and, in collaboration with the Rehabilitation Assistance Office, educational courses, physical and sports exercise, leisure time, and all other common cultural or recreational activities. [52]

[52] Para. amended by R 10.12.2014; in force since 1.1.2015 - BU 2014, 515; previous amendment: BU 2010, 563.

1 Every detained person receives remuneration for their work. The same applies when the detained person performs an activity inside or outside the establishment, organized by the Directorate. [53]

2 Adequate compensation is paid to the detained person in the event of participation in a recognized basic or continuing education program, which the execution plan or criminal sanction provides for in lieu of work. The duration of the time dedicated to the implementation of such a study program must correspond at least to the duration of daily work.

[53] Para. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

Every convicted person is liable to contribute to the costs in an appropriate manner.

[54] 1 Detained persons are entitled to undertake basic, professional, or higher education, as well as professional or higher continuing education or retraining, provided that circumstances permit.

2 Participation in such education, or courses respectively, must be recorded in the execution plan of the criminal sanction. If a contract is necessary, the signature of the detained person and/or the guardian, if applicable, is required.

3 The detained person may be required to contribute to the costs.

[54] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

A prisoner of good conduct and who is meritorious may obtain a leave, the purpose of which is to allow the detainee to maintain or re-establish normal relations with society; it must neither deprive the penalty of its preventive character nor harm security or public order.

[55] Once the first leave is granted, subsequent leaves and accompanying absences are granted by the Directorate.

[55] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 A prisoner who acts intentionally or with gross negligence against the provisions of these regulations and the internal regulations of the establishment may be punished with a disciplinary sanction.

2 The disciplinary regime is applied in a way that stimulates the sense of responsibility and the capacity for self-control.

3 The following, in particular, are considered disciplinary infractions

a) escape and any act manifestly aimed at preparing an escape;

b) the disruption of work and the refusal to work;

c) damage to the property of others;

d) insubordination and insults towards establishment staff;

e) threats made against establishment staff or co-detainees and injuries inflicted upon their physical integrity;

f) maintaining prohibited contacts with co-detainees or persons external to the establishment;

g) abuses within the scope of leave;

h) the fraudulent entry, exit, acquisition, transmission, and possession of prohibited objects such as weapons, documents, cash, unauthorized means of communication;

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

4 Attempt, complicity, and incitement to commit disciplinary infractions are equally punishable.

5 Criminal prosecution remains reserved.

1 In the application of the sanction, the behaviour and personal conditions of the inmate must be taken into account. The person concerned shall be informed of the facts imputed to them and invited to make a statement orally or in writing.

2 The Directorate or the officials entrusted by it shall, where appropriate, carry out the necessary investigations and confrontations. [56]

3 Every sanction must be reasoned.

4 The decision shall be communicated verbally to the person concerned, with an indication of the possibility of lodging a complaint; the written decision must be served on them within 24 hours and a copy thereof must be provided to the GIAP. [57]

[56] Para. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 621.

[57] Para. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[58] 1 Disciplinary infractions may be punished with the following sanctions, which are imposed by the Management and which may be cumulative

a) …;

b) a written warning;

c) the suspension of benefits of the incarceration regime;

d) a fine up to CHF 200.-;

e) isolation in an individual cell for up to twenty days during free time;

f) isolation in an individual cell for up to twenty days;

g) isolation in a punitive cell for up to ten days. [59]

2 An inmate punished with isolation in a punitive cell must be visited by the commissioned physician, who may, for medical reasons, interrupt the execution of the measure.

[58] Art. modified by R 26.10.2016; in force since 28.10.2016 – BU 2016, 432; previous modifications: BU 2010, 563; BU 2012, 621.

[59] Para. modified by R 19.12.2012; in force since 1.1.2013 – BU 2012, 621; previous modification: BU 2010, 563.

… [60]

[60] Art. repealed by R 19.12.2012; in force from 1.1.2013 - BU 2012, 621; previous amendment: BU 2010, 563.

[61] 1 The GIAP is informed of all sanction decisions taken by the Directorate.

2 A report is sent to the Public Prosecutor in the case of defendants.

[61] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 Prisoners are liable for damages caused intentionally or by gross negligence and are obliged to compensate for them, without prejudice to any criminal or disciplinary proceedings.

2 The decision on the matter rests with the Division. [62]

[62] Para. modified by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1. Incarcerated individuals and their cells may be subjected to search for security reasons.

2. The search must be conducted with respect for the human dignity of the incarcerated individual.

1 The use of physical force against inmates is prohibited, except in the following cases and to the strictly necessary extent

a) to prevent acts of violence;

b) to prevent escape attempts;

c) to overcome resistance to the execution of lawful orders.

2 Personnel members who have had to use physical force are obliged to report it immediately to the Directorate. [64]

[64] Para. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 No coercive means may be used against inmates, except to prevent harm to persons or property, to ensure the safety of the individual, or for security measures.

2 The use of coercive means must be limited to the strictly necessary time and, where possible, controlled by the assigned physician.

[65] 1 Armed prison officers, only within the scope of transporting detainees, may use firearms solely for self-defense and to prevent the escape of persons who have committed or are seriously suspected of having committed a serious crime.

2 The use of firearms to prevent the escape of persons pursuant to para. 1 is limited to the places and circumstances of the fulfillment of duties assigned by law to prison officers.

[65] Art. introduced by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[66] 1 The use of a firearm must be proportionate to the purpose and circumstances; it is authorized exclusively as a last resort for defence or coercion, if other available means are insufficient; where possible, the firearm should be used in a manner that avoids hitting vital parts.

2 In all cases of firearm use, when evaluating the circumstances, particular consideration must be given to the endangerment of third parties.

3 The use of a firearm is preceded by the warning "stop or I'll shoot", if the purpose and circumstances permit; a warning shot is generally justified only when it appears from the circumstances that a verbal warning was not or could not be understood. In the event of injury, the correctional officer is obliged to immediately provide assistance to the injured person.

4 The correctional officer who has used the weapon shall immediately inform their superiors and submit a written report to the Management on the reasons and circumstances.

[66] Art. introduced by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[67] 1 A custodial officer equipped with a firearm must undergo continuous training with the Cantonal Police.

2 The results decisive for the authorization to carry the firearm are defined by an internal service order.

3 For the management of the weapon, the provisions in force with the Cantonal Police generally apply.

[67] Art. introduced by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[69] Prisoners may submit requests or complaints to the Directorate and the Division.

[69] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[70] 1 Complaints must be addressed to the Director, except for those against their actions, which are directly sent to the Division.

2 The complaint must be filed within five days from the moment of the alleged infringement and does not have suspensive effect; in matters of disciplinary sanctions, the complaint period is three days. [71]

3 The Division may grant, upon request, a suspensive effect.

4 If the complaint is rejected, the competent authority may apply a decision fee ranging from CHF 20.– to CHF 100.–. [72]

[70] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

[71] Para. amended by R 19.12.2012; in force since 1.1.2013 - BU 2012, 621.

[72] Para. amended by R 26.10.2016; in force since 28.10.2016 - BU 2016, 432; previous amendment: BU 2012, 621.

1 Prisoners may, at any time, submit complaints regarding their conditions of detention to the Supervisory Commission of the Grand Council.

2 The complaint, reasoned, shall be submitted in writing and in a sealed envelope, through the Director, to the Supervisory Commission of the Grand Council.

3 The complaint is not subject to censorship.

4 Prisoners must be informed of this right by means of a specific document provided to them.

1. Detainees are subject to the restrictions established, except in urgent cases, in writing by the magistrate for investigation purposes and by the Directorate for reasons of internal order, discipline, and security. [73]

2. They may individually carry out their own activity or an assigned one.

[73] Sub-paragraph amended by R of 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

1 The relations of the internee with the outside world and with his defense counsel are regulated by the competent magistrate.

2 The magistrate's decisions must be communicated in writing to the Directorate. [74]

[74] Paragraph amended by R of 21.12.2010; in force since 1.1.2011 - BU 2010, 563.

... [75]

[75] Article repealed by R 21.12.2010; in force from 1.1.2011 - BU 2010, 563.

The enforcement of sentences and measures, as well as the regime of pre-trial detention, are subject to the present regulation from the moment of its entry into force, unless the previous law is more favorable to the convicted person, the interned person, or the person in pre-trial detention.

1 All provisions contrary to the present Regulation are hereby repealed.

2 The following are particularly repealed

- the Regulation on the Execution of Sentences and Security Measures for Adults of 23 November 1978;

- the Regulation on Patronage in the Canton of Ticino of 20 November 1991.

This Regulation shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force immediately. [76]

Published in OG 2007, 83.

[76] Entry into force: 9 March 2007 - OG 2007, 83.