Regulation concerning the Latin Foundation Pilot Projects - Dependencies

There is hereby established a public law foundation tasked with promoting the experimentation of new forms of execution of sentences and measures pronounced against persons convicted due to an addiction, and named "Latin Foundation Pilot Projects – Addictions" (the Foundation).

The person convicted under article one is a person suffering from addictions or mental disorders whose origin is addiction.

The Foundation aims to accompany and support projects presented by the Latin cantons, which are innovative concerning the institutional or outpatient care of offenders [1] suffering from addictions, whether they are interned or sentenced.

[1] The terms in these Regulations apply indifferently to the feminine and masculine.

1 The Foundation's seat is in Delémont.

2 It is placed under the supervision of the competent authority of the Canton of Jura.

The endowment capital is constituted by the contribution to the Foundation of the totality of the net assets of the "Fondation romande pour toxicomanes internés et condamnés" according to the liquidation balance sheet approved by the Conference.

1 The Foundation's resources are constituted by

a) the income from its assets;

b) gifts and bequests;

c) any financial contributions from the concordat cantons, as decided by the Conference;

d) any other income or disbursement.

2 The Foundation may, with the consent of its Council, receive gifts or any other in-kind donation capable of contributing to the achievement of its objective.

The Foundation's bodies are

a) the Foundation Board;

b) the auditing body.

Constitution and organization of the

1. The Foundation Board shall consist of 7-9 members. The President and the Secretary General of the Conference shall be ex officio members. The other members shall be designated by the Conference.

2. The designated members, appointed for a period of four years, shall be eligible for re-election for a maximum of three periods.

3. The Foundation Board shall freely determine its internal organization. It may establish an office and delegate certain powers to one of its members, or to third parties.

4. The Foundation Board shall designate the persons authorized to represent the Foundation vis-à-vis third parties and shall determine the signing modalities.

5. The Foundation Board shall meet whenever the interests of the Foundation so require, but at least once a year. The presence of a majority of the members shall be necessary for the Board to validly deliberate.

6. Decisions shall be taken by a majority of the votes cast. However, they may also be taken by circular resolution. In the event of a tie, the President shall have the casting vote. The President shall keep minutes of the decisions.

1 The Foundation Council is the body responsible for the administration, direction, and management of the Foundation.

2 Upon proposal by the Secretary of the Council, it decides on the accompaniment and support of pilot projects.

3 Where appropriate, it grants financial aid based on a performance mandate that defines the set objectives, their funding, and the evaluation procedure.

1 The Financial Audit Department of the Canton of Jura is authorized to verify annually the management, accounts, and investments of the assets.

2 It must prepare annually, for the attention of the Foundation Board and the supervisory authority, a written report on the results of its investigations.

1 Each year, the Foundation Board presents an activity report to the Conference.

2 It first submits this report to the Latin Concordat Commission and the Rehabilitation Assistance Commission for their observations and comments.

Subject to the provisions of the Civil Code, the Conference is the supreme supervisory body of the foundation.

1 This Regulation was unanimously adopted by the members of the Conference.

2 This Regulation repeals the Regulation of 10 December 1987 concerning the "Fondation romande pour toxicomanes internés et condamnés" on the date fixed by the Conference, after having ascertained that the liquidation procedure of the said foundation has been completed.

3 This Regulation enters into force on the date fixed by the Conference, after its adoption by each concordat canton in accordance with its own procedure.

4 It shall be published on the Conference's website.

Published in BU 2013, 574.