Regulation on the execution of sentences in the form of semi-imprisonment (Regulation on Semi-Imprisonment)

1 The conditions for the granting of semi-imprisonment are defined in Article 77b SCC.

2 Semi-imprisonment is admissible for custodial sentences, as well as for custodial sentences in substitution for fines and monetary penalties.

Description

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

2. They spend their hours of leisure and rest within the establishment.

1 Semi-detention is admissible provided that the sentence pronounced, or the total duration of the sentences to be served simultaneously

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 taking into account pre-trial detention or detention for security reasons, a maximum of 6 months must be served (net principle) [4].

2 For sentences with partial conditional suspension, the unsuspended part is decisive.

[3] The gross principle means that the examination of the temporal conditions is based on the duration of the pronounced sentence without taking into account detention already served.

[4] The net principle means that the examination of the temporal conditions is based on the duration of the pronounced sentence taking into account detention already served.

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

a) the remaining sentence, if the judge has not imposed a single sentence;

b) the overall sentence, if the judge has imposed a single sentence.

Personal conditions

The following conditions must be met to benefit from semi-detention

a) formal request from the convicted person;

b) exclusion of the risk of escape;

c) no risk of recidivism;

d) authorization of residence in Switzerland and the right to engage in a professional activity, training, or occupation within the meaning of letter f) second sentence of this article;

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

f) the exercise of a professional activity or recognized training corresponding to an occupation of at least 20 hours per week. Domestic work, educational tasks, participation in an occupational program, or other structured activity are considered equivalent;

g) ability to comply with the framework conditions of semi-detention and the regulations of the executing institution.

The enforcement authority

a) informs the convicted person about the modalities of this form of enforcement, in particular the controls provided for in Article 11 of this regulation;

b) grants the convicted person a deadline for submitting the application for this particular form of enforcement;

c) examines the application of the convicted person and the documents produced;

d) decides on the application and, in case of acceptance, determines the place and commencement of enforcement, as well as the conditions to which the convicted person is subject.

Documents to be submitted

1 The convicted person must transmit the following documents

a) Salaried employee (dependent)

A certificate from the employer or the employment contract indicating the place and hours of work, as well as the last salary statement;

b) Self-employed person

A document attesting to the self-employed activity (e.g., AVS affiliation certificate and latest statements, other insurance certificates) indicating the place and hours of the activity;

c) Student or person in training

A document attesting to student or trainee status, indicating the place of study and the lesson schedule.

2 If this information does not clearly emerge from their residence permit in Switzerland, the convicted person of foreign nationality must provide any useful document attesting to their right to reside or to engage in a work or training activity in Switzerland.

1 If the convicted person does not meet the conditions for benefiting from semi-detention, the authority may grant them an additional period to request another form of execution.

2 This possibility is excluded in cases of abuse, failure to comply with the obligation to cooperate and communicate, non-observance of deadlines, submission of incomplete documents, and in the presence of circumstances that à priori exclude a facilitated form of execution.

1 The executing institution draws up the execution plan for the sanction in agreement with the convicted person.

2 The plan specifically regulates the time of departure and arrival, based on working hours.

3 For each working day, the convicted person may spend a maximum of 13 hours outside the executing institution for the following activities

a) work, employment, training;

b) meals;

c) shopping, medical visits, administrative procedures;

d) participation in individual or group therapies outside.

4 The convicted person spends at least one day a week at the executing institution.

Obligations of the Convicted Person

1 If the person benefiting from semi-detention is unable to comply with the imposed conditions, they must immediately notify the competent authority and the Directorate of the Penitentiary Institution.

2 Similarly, they must promptly inform the competent authority of the loss or interruption of work, training, or other occupation, as well as any change in their personal situation.

Controls

1 During enforcement, the authority verifies that the detained person carries out the activity declared for the purpose of granting semi-detention.

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

a) inform the person employing or providing training to the convicted person that the latter is serving a sentence in the form of semi-detention and invite them to immediately inform the competent authority in case of the convicted person's absence from the workplace or training facility;

b) visit the convicted person's workplace or training facility.

3 The authority may delegate this competence to the management of the institution or to another authority.

Detained persons may benefit from temporary release permits in accordance with the Regulation of 31 October 2013 concerning the granting of temporary release authorizations to convicted adult persons and young adults, applicable by analogy.

1 If the convicted person does not satisfy the requirements of Articles 3 and 4, the semi-detention regime shall be terminated.

2 The convicted person shall continue to serve their sentence in an open or closed prison.

3 If the convicted person, through no fault of their own, completely or partially loses their employment, training, or activity, the competent authority may maintain semi-detention provided that the person finds an appropriate activity within a period of 21 days and that their accompaniment is guaranteed during the transitional period.

The authority may warn the sentenced person who fails to comply with the conditions of semi-detention or if, in another way, betrays the trust placed, in particular if

– abuses the time spent outside the correctional facility;

– does not comply with the exit and return times;

– possesses or consumes narcotic substances;

– does not comply with an obligation imposed upon them (e.g., following therapy, prohibition of alcohol consumption, compliance with facility regulations);

– refuses to pay advances or contributions to the enforcement costs.

R Revocation of the regime

1 If, despite a formal warning, the convicted person persists in their conduct, the authority may revoke the semi-detention and order the immediate execution of the remaining sentence under an ordinary regime.

2 In serious cases, immediate revocation may be ordered instead of a warning.

Provisional suspension

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

2 During the period of provisional suspension, the sentence shall immediately continue under the ordinary regime. If necessary, the convicted person may be transferred to another facility.

3 The facility management shall immediately inform the competent authority, which shall make a decision on the matter within 10 days.

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

2 In urgent cases, the decision may be taken by the management of the institution, which immediately informs the placement authority. The latter shall decide on the matter within 10 days.

Disciplinary Sanctions

Disciplinary sanctions are confidential.

1. Payment of fines and pecuniary penalties is calculated according to the express will of the convicted person. In the absence of an explicit declaration, the authority opts for the solution most favorable to the convicted person.

2. It is possible to derogate from this rule if the statute of limitations is approaching. In this case, payments are computed against the fines or pecuniary penalties that are subject to prescription first.

1 The person benefiting from this regime must contribute to the costs of executing the sentence.

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

3 The convicted person pays the advances set by the management of the institution.

4 At the request of the convicted person, the competent authority may grant a partial exemption from contributing to the costs of execution when a precarious economic situation is demonstrated and, in particular, if such contribution prevents them from fulfilling their maintenance and support obligations.

1 In general, during weekdays, individuals in semi-detention eat outside, with the exception of breakfast.

2 The cost of external meals and transportation expenses from the facility are borne by the convicted individuals.

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

2 It may be carried out in a specific section of a remand prison, provided that the escort of the convicted person is guaranteed.

3 The institution may be managed by private entities, provided they are recognized by the Conference. Such an institution must ensure the necessary complementary care for the convicted person, compliance with a penal sanction execution plan, if one has been established, and have regulations approved by the authority where the facility is located.

4 Sentences under the semi-detention regime may be served in the same institution by men and women.

The detained person may request to waive the continuation of the semi-detention regime. In this case, and as a rule, the remaining sentence is immediately executed in an open or closed institution.

Conditional release

Reserved Article 43 paragraph 3 SCC, the provisions on conditional release (Article 86 et seq. SCC) apply.

1 Depending on the specific circumstances (especially for reasons of care, security, discipline, proximity to home or place of work, or the actual number of detainees) and provided that the arrangements are not contrary to the Concordat, nor disadvantage a Canton or an institution, placements may be made or accepted in institutions of non-Concordat Cantons.

2 The delegation of competence to an authority of another Canton remains reserved.

1 This Regulation repeals the decision of 25 September 2008 concerning the enforcement of sentences in the form of semi-detention.

2 The Conference therefore invites the governments of the cantons of Latin Switzerland to adapt their cantonal regulations concerning semi-detention accordingly.

3 This Regulation enters into force on 1 January 2018.

4 It is also applicable to sanctions that were pronounced before its entry into force, but whose enforcement has not yet commenced.

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

The Secretary-General: Blaise Péquignot The President: Béatrice Métraux

State Councillor

Published in the BU 2017, 511.