Regulation on Penitentiary Facilities of the Canton Ticino

1 This regulation establishes the rules and organization of the penitentiary facilities in the Canton of Ticino. Where necessary, the Directorate issues detailed provisions.

2 It applies to all persons deprived of liberty placed in penitentiary facilities. The regulation is also valid for minors, subject to the provisions issued by the competent authority.

Penitentiary facilities consist of

– La Farera, judicial prison, located on the Stampa plain in the municipality of Cadro;

– La Stampa, penal prison, located on the Stampa plain in the municipality of Cadro;

– Lo Stampino, open section of the penal prison, located on the Stampa plain in the municipality of Cadro;

– Naravazz, open prison, located in the municipality of Taverne-Torricella.

1 La Farera is designated for the incarceration of

a) adult persons placed in pre-trial detention by order of the competent cantonal, federal, or other cantonal authority;

b) minors by order of the competent authority, according to the provisions reserved for them, incarcerated in the compartment designated for them;

c) persons placed in detention by order of the Federal Office of Justice, within the scope of an extradition request from a foreign state;

d) persons detained awaiting transfer to other detention facilities or the execution of a measure or administrative incarceration;

e) convicted female persons serving a short-term sentence.

2 Disciplinary sanctions imposed on persons incarcerated in prison facilities or, with prior authorization from the competent authority, on persons sentenced to a measure or anticipation of a measure according to Article 60 of the Swiss Criminal Code and placed in recognized centers in the Canton of Ticino, shall be served in the disciplinary cells of La Farera.

3 La Stampa is designated for the incarceration of

a) adult persons serving a sentence or a measure or internment;

b) adult persons serving an anticipated sentence or a measure or internment;

c) persons principally designated for La Farera, included in categories a), c), d) of paragraph 1, who may be exceptionally incarcerated at La Stampa by decision of the Directorate.

4 La Farera and La Stampa are considered closed facilities.

5 Lo Stampino and Il Naravazz are considered open facilities.

6 They are designated for the incarceration of

a) persons serving sentences under external work regime;

b) persons serving sentences in the form of semi-detention;

c) persons serving short-term sentences executed on a daily basis;

d) persons serving sentences who do not present a risk of escape and for whom new offenses are not to be expected.

7 The assignment to one facility or another is decided by the Directorate.

The Directorate issues, for the individual structures, the detailed provisions governing the operation of internal services (kitchen, laundry, infirmary, commissary, cleaning, etc.).

1 The following terms and abbreviations apply

– convicted person: adult subject to the enforcement of a sentence, measure, or internment, and adult subject to the early enforcement of a sentence, measure, or internment;

– Latin Concordat: Concordat on the Enforcement of Custodial Sentences and Measures Concerning Adults and Young Adults in the Latin Cantons;

– CPP: Swiss Code of Criminal Procedure;

– SCC: Swiss Criminal Code;

– Department: Department of Institutions;

– Directorate: Directorate of Correctional Facilities;

– Division: Justice Division;

– Doctor: doctor responsible for correctional facilities;

– SEP: sanction enforcement plan;

– MEP: measure enforcement plan;

– REP: Regulations on the Enforcement of Sentences and Measures for Adults.

2 All terms referring to persons are understood to include both masculine and feminine genders.

1. Prison facilities are placed under the authority of the Directorate.

2. The Directorate is appointed by the Council of State and is subordinate to the Division.

3. The Directorate promotes, coordinates, and manages the organization and activities of the facilities and is competent to issue all general provisions for the application of the regulations.

4. The Directorate ensures that the deprivation of liberty to which incarcerated persons are subjected occurs

a) under material and moral conditions that respect human dignity;

b) in compliance with Art. 75 CPS and the CPP;

c) in conformity with these regulations.

5. The Directorate may involve other authorities to ensure compliance with the regulations.

6. The regulations must be applied impartially. No one may be discriminated against, in particular on account of origin, race, sex, age, language, social position, lifestyle, religious, philosophical, or political convictions, or physical, mental, or psychological impairments.

7. The Directorate, concerning minors, acts in concert with the competent authority.

1 No one may be incarcerated without a valid warrant of detention from the competent authority.

2 The incarcerated person is received by the official in charge, to whom they provide all information useful for the establishment of their individual file.

3 The information is collected on a digital medium and specifically includes

a) data on the identity of the incarcerated person; 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 their physical or mental health status;

g) the end date of the sentence, if already known.

1 For persons reporting on summons to serve a custodial sentence, the provisions of this regulation shall apply to the extent that they are relevant.

2 They must

a) produce the summons;

b) produce a valid identity document;

c) produce their driving license, if any;

d) present themselves in a state of health fit for imprisonment;

e) produce any medical certificates attesting to a disability, a problematic health condition, or the need to take particular medicines or observe a particular dietary regime;

f) in the case of semi-imprisonment, the postal or bank receipt confirming payment of the balance or an advance payment of the execution costs.

1 Upon incarceration, the person is subjected to searches and inspections, respectively, upon order of the competent authority, to photographic, fingerprint, and DNA records, or to other records.

2 The incarcerated person must take a shower.

1 The incarcerated person is received by the surveillance staff, who provide them with initial information useful for their stay in the prison facilities.

2 In principle, within seven days of their arrival, the incarcerated person has an interview with a social worker from the competent service, who provides them with a copy of the regulations, possibly in a language known to them, and informs them of their rights, the laws, norms, and rules governing the deprivation of liberty. The interview also aims to understand their personality, aptitudes, problems, and needs.

1 The incarcerated person has the right to have their family, or respectively their legal representative, informed of their incarceration.

2 Designated staff of correctional facilities shall contact family members, or respectively the legal representative, when important events concerning the incarcerated person require it.

3 The incarcerated person must be informed immediately of serious events that have occurred to a close relative.

4 For persons incarcerated in pre-trial detention, the designated staff of correctional facilities shall transmit the aforementioned information in consultation with the competent authority.

1 Personal items or items of sentimental value, and what is necessary for clothing, care, and hygiene, remain at the disposal of the incarcerated person, subject to exceptions for security reasons.

2 Other effects and belongings are withdrawn and kept in custody at the prison facilities.

3 The assigned officer draws up a complete inventory of the withdrawn effects; the inventory is signed by the officer and the interested party, who receives a copy thereof.

4 Perishable goods not admitted may be destroyed; the inventory must list them.

5 Money is deposited into the designated account.

6 Medicines are withdrawn and handed over to the Medical Service, which will decide on the matter.

7 Communication devices are prohibited.

8 The incarcerated person is responsible for all items remaining in their possession.

Items, Goods, Personal Effects, Money, Incoming Communication Means (Stampino and Naravazz)

1. Except for security reasons, personal effects, electronic devices, and communication equipment are authorized in the cell, provided they are compatible with the available space and can be used in compliance with regulations and the preservation of quiet.

2. If applicable, the assigned officer shall draw up a complete inventory of items confiscated; the inventory shall be signed by the officer and the person concerned, who shall receive a copy thereof.

3. Perishable goods that are not permitted may be destroyed; the inventory must list them.

4. The incarcerated person is responsible for everything remaining in their possession, including money not voluntarily deposited into the designated account.

5. Medications must be declared spontaneously; if applicable, they will be confiscated and handed over to the Medical Service, which will make a decision regarding them.

Objects, Goods, Personal Effects, Money, Means

1 In case of departure due to transfer, assets follow the person via the transport personnel, or are credited to the account of the destination institution. Effects and personal necessities follow the person via the transport personnel. Bulky luggage is dispatched at the expense of the transferred person. The transferred person signs the relevant receipts.

2 In case of departure due to release from custody, assets are typically handed over in cash to the released person. Instructions from the guardianship authority or rehabilitation assistance remain reserved. Effects and personal items are immediately returned to them. The released person signs the relevant receipts.

3 In case of departure due to release from custody with repatriation, assets are handed over in cash to the transport personnel. Effects and personal items up to 20 kilograms follow the person via the transport personnel. The departing person must arrange in advance for the shipment of excess or bulky luggage. The costs are borne by them. The released person signs the relevant receipts.

4 In case of death, the assets and effects of the incarcerated person are at the disposal of the legal heirs. If not claimed within five years, these will be sold or destroyed, and the deposit account will be liquidated. The proceeds are donated to the Social Fund.

5 In case of escape, the assets and effects of the incarcerated person remain frozen until the statute of limitations for the sentence expires. If not claimed within this period, these will be sold or destroyed. The deposit account will be liquidated. The proceeds are donated to the Social Fund. The destruction of effects for hygiene reasons remains reserved; in this case, this is mentioned in the inventory.

1. For every incarcerated person, a deposit account is opened, funded by money in their possession upon entry, money received from external sources during incarceration, and remuneration paid by the administration of correctional facilities for work performed, or by third parties in the case of self-employment.

**2. Remuneration is managed in accordance with the provisions of the Latin Concordat, currently as follows:**

**a) 65% available, specifically for the purposes enumerated in the provisions of the Latin Concordat;**

**b) 20% reserved for purposes exhaustively defined by the provisions of the Latin Concordat;**

**c) 15% blocked for release.**

**3. Sums in possession upon entry and received from external sources fund the available portion. Deposits of money from identified family members, relatives, and acquaintances are accepted only limited to the needs of incarceration (personal hygiene, clothing, telephone, postal expenses, internal purchases). Exceeding sums are not accepted.**

**Decisions regarding the management of the deposit account fall within the competence of the Directorate. The maximum monthly spending limit is set by the Directorate.**

**4. At Farera and Stampa, the incarcerated person may not be in possession of money. Any sums of money found will be seized, credited to the blocked portion of the deposit account, and returned upon release from prison.**

**5. In the case of external work, the salary must be paid directly by the employer to the administration of the correctional facilities. The management of the deposit account falls within the competence of the Directorate, according to a financial plan elaborated with the social worker.**

**6. In the case of semi-detention, the salary is collected by the incarcerated person.**

**7. Correctional facilities do not grant credit.**

1. Incarcerated persons shall wear their own civilian clothes, which must be clean and in good condition. The clothing must always be appropriate for the circumstances. Badges, emblems, symbols, or other similar items must not be displayed ostentatiously.

2. Upon entry, the incarcerated person's clothes shall be inspected and, if necessary, washed; the person shall receive, for the necessary period, an outfit provided by the correctional facilities.

3. For incarcerated persons lacking clothing and means, the correctional facilities shall provide the necessary items.

The possession of animals is not authorized.

1 The incarcerated person is assigned a cell or a room by the officer in charge, with whom they verify the condition, the inventory of equipment, furnishings, and linen provided.

2 The inventory is signed by the parties and includes any relevant observations.

3 At the Stampino and the Naravazz, the incarcerated person receives a key to the room, which must be handed over to reception every time they leave the facility. The room must always be left locked, clean, and tidy.

Cells, Rooms, Premises and Objects

1 Cells and rooms in prison facilities may be single or multi-occupancy. They are furnished. Any modification to the furnishings is prohibited, unless expressly authorized by the Directorate.

2 The incarcerated person is responsible daily for the order and cleanliness of the living spaces assigned to them (cell or room).

3 They must take care of the premises, equipment, furnishings, and objects belonging to the prison facilities.

4 At Naravazz, every incarcerated person must contribute to the cleaning of common areas.

5 The incarcerated person is responsible for any damage caused intentionally or through negligence. Compensation for the damage caused is due irrespective of any criminal or disciplinary measures.

Return of the Cell or Room

The cell or room and received objects must be returned clean and in order; the condition of the cell is recorded on the inventory sheet and signed by the incarcerated person and the assigned staff.

The incarcerated person takes care of themselves, their daily personal hygiene and cleanliness, as well as their belongings.

1 Right to Food

1. An incarcerated person is guaranteed healthy, sufficient, and adequate nutrition.

2. The waste of food is strictly prohibited.

3. The incarcerated person receives and consumes meals provided by the correctional facilities in their cell or in a common room, depending on the prevailing organization and the times established by the daily schedule. Cooking in the cell or room is prohibited.

4. An incarcerated person placed in Stampino, or respectively in Naravazz, is not permitted to consume meals in their room.

5. Special dietary regimes are provided upon medical prescription.

6. Correctional facilities take into account, as far as possible, proven religious, cultural, and philosophical convictions.

7. Naravazz provides breakfast daily, and as a rule, lunch and dinner only during weekends and official public holidays. The incarcerated person cooperates in the preparation and distribution of meals and in the tidying of the kitchen and refectory. The incarcerated person at Naravazz independently arranges for any special dietary regimes.

In the event of a declared hunger strike, the Directorate informs the Medical Service, and appropriate measures are taken.

The introduction, manufacture, possession, trade, or consumption, as well as any preparatory act, of alcoholic beverages, narcotic substances within the meaning of the Federal Act of 3 October 1951 on Narcotics and Psychotropic Substances, as well as non-prescribed medicines, are prohibited.

1 The Management determines the premises where smoking is prohibited.

2 Persons under the age of fourteen are prohibited from consuming tobacco products.

1 Provided that the incarcerated person possesses the financial means, basic necessities, foodstuffs, or tobacco products may be purchased from the commissary, according to the provisions of the Directorate. The profit generated is credited to the Social Fund managed by the relevant committee.

2 Persons under the age of sixteen are prohibited from purchasing tobacco products.

3 In agreement with the commissary manager, other types of goods may be purchased, for personal use within the facility. Purchases of any kind by mail order are not authorized.

4 The incarcerated person placed at Stampino, who does not benefit from the leave regime, may make purchases at the commissary through the custodial staff, with cash payment upon delivery of the goods.

1. Upon entry to the prison and at the press, the incarcerated person undergoes a general medical examination within the week following their admission.

2. All incarcerated persons who suffer from health problems or who are undergoing medical treatment are obliged to report this at the time of incarceration, possibly presenting the relevant medical certificate. They are examined by the competent personnel of the Medical Service as soon as possible.

3. Visible injuries or signs resulting from possible ill-treatment are reported by the Directorate to the competent authority.

4. At the request of the incarcerated person or by decision of the physician, an exit medical examination is carried out.

1 Medical, dental, and psychiatric assistance is provided by doctors designated by the correctional facilities.

2 Specialist medical examinations are possible only upon decision of the respective designated doctors.

3 Detainees undergoing treatment must meticulously follow the prescribed treatment; in case of disputes, the Cantonal Doctor shall decide.

4 In exceptional cases, upon request of the incarcerated person, with the authorization of the doctor and the Directorate, visits and interventions by the trusted doctor are permitted.

5 The person incarcerated at Naravazz is, as a rule, followed by their own doctor, provided they are subject to mandatory insurance. All expenses, including hospital costs, are at their charge. In other cases, doctors designated by the correctional facilities intervene.

6 Doctors designated by the correctional facilities prepare the expert opinions requested by the competent authority.

7 The doctor responsible for the service shall provide an opinion on the request for interruption of the execution of the sentence.

1 As a rule, detainees receive medical treatment in prison facilities. The physician may order placement in a hospital facility if the treatment so requires. Hospitalization takes place in accordance with the provisions of the Directorate, or the competent authority, respectively.

**2 The authority decides whether the period of hospitalization is counted towards the execution of the sentence.**

1 The reference medical practitioners ensure the supervision of all matters pertaining to the health and hygiene of persons present in correctional facilities, particularly concerning living and working conditions, subsistence, the distribution of medications, the environment, and the prevention of transmissible diseases.

2 Measures deemed necessary by the medical practitioners are adopted with the agreement of the Directorate. In cases of extreme urgency, the medical practitioner orders the necessary measures.

1 Costs arising from medical and hospital care are covered in accordance with the provisions of the Federal Act of 18 March 1994 on Health Insurance. The administration of prison facilities intervenes only in a subsidiary manner, to the extent not covered by the Act.

2 Should the detainee have intentionally or through gross negligence caused such costs, they may be charged to him/her.

3 Costs related to any visits and interventions by the trusted physician are borne by the incarcerated person.

4 Expenses arising from dental care for pre-trial detainees are entirely at their own expense.

5 Expenses arising from dental care for convicted persons are regulated by the provisions of the Latin Concordat.

6 Urgent dental care is guaranteed.

1 Individual social assistance is guaranteed by the Welfare Office, respectively by the Juvenile Education Service, both subject to their own management.

2 Each incarcerated person is assigned a reference social worker.

3 Social workers contribute to finding solutions for the social and material problems of the incarcerated person.

4 In particular, they maintain necessary relations with

a) competent penal authorities and Police;

b) civil authorities;

c) social welfare organizations and services;

d) family members and close persons.

5 Social workers prepare the notifications requested by the competent authorities.

6 Social workers are bound by secrecy regarding what they learn in the exercise of their duties. They may communicate information about the personal conditions of those assisted to third parties only with the written consent of the latter or of the competent authority.

7 With the exception of the first interview, the incarcerated person shall submit requests for appointments with the social worker in writing.

1 For every convicted person who must serve a sentence or a residual part of a sentence, an individualized execution plan is drawn up; if the sentence or the residual part of the sentence is equal to or less than six months, a simplified plan for preparation for release is drawn up.

2 The plan is drawn up by the social worker with the active participation of the convicted person. It is presented and discussed in a specific meeting among the interested services. The PES, respectively the PEM, is signed by the convicted person, the social worker, the Directorate, and submitted for approval to the Division.

3 The PES and the PEM, once approved by the Division, are transmitted to the Judge of the application of the sentence for his file.

1 Every incarcerated person has the right to freely practice their religious belief, consistent with internal regulations.

2 The incarcerated person may avail themselves of spiritual assistance from religious representatives designated by the prison facilities. For persons awaiting trial, this shall occur after notifying the competent authority.

3 Proselytizing activities are not permitted.

Prison facilities may avail themselves of the collaboration of external partners, with a view to accompanying and supporting incarcerated individuals, specifically to maintain and foster family ties, particularly with children.

1. Order and discipline must be maintained in the interest of security, well-organized community life, and the objectives pursued by the penitentiary facilities.

2. Internal life is regulated by provisions issued by the Management.

1 Incarcerated persons, as well as their personal effects and belongings, cells or rooms, and common areas, may be searched at any time. The cell or room may also be searched in their absence.

2 Body searches shall be performed by a staff member of the same sex.

3 Should, in the judgment of the assigned personnel, a thorough body search become necessary, it shall be performed by a medical doctor or a staff member assigned to the infirmary.

4 Unsuitable objects or belongings may be confiscated and, if appropriate, transmitted to the competent authority. The Directorate shall decide on the disposition of the objects or belongings. The incarcerated person shall be informed.

1 An incarcerated person may be subjected at any time to controls to ascertain the use of narcotics, medications, or alcohol. A refusal to undergo such controls is considered a positive result for the most potent substance.

2 Should the analyses prove positive, the associated costs shall be borne by the incarcerated person.

1 For the first ten days of detention, the incarcerated person is placed under observation; from the day following their arrival, they are permitted yard time according to internal regulations.

2 The Directorate reserves decisions on particular cases.

1 Where security reasons do not preclude it, the incarcerated person is admitted to the ordinary regime, in accordance with internal provisions. For persons in pre-trial detention, this takes place with the prior agreement of the competent authority.

2 Under the ordinary regime, work and activities are carried out in common and in designated premises. During the remaining time, the incarcerated person remains in their cell.

By order of the competent authority, for reasons of investigation, the incarcerated person remains in their cell. They are granted common yard time for at least one hour a day, according to the provisions issued by the Directorate.

1. Upon order of the competent authority for investigative purposes or upon order of the Directorate for security, internal order, or individual treatment purposes, the incarcerated person remains isolated in a cell. They are granted a separate outdoor walk for at least one hour a day, according to the provisions issued by the Directorate.

2. ... [1]

[1] Para. repealed on December 10, 2012; in force since January 1, 2013.

1 The execution of the sentence generally takes place according to a progression, the objective, conditions, and phases of which are contemplated in the PES. The transitions between phases are decided by the competent authority, which specifically considers the duration of the sentence, behavior during sentence execution, commitment to work or training, risks of escape, ability to comply with imposed rules of conduct, risks of committing offenses, and security.

2 Abuses during the phases may lead to their suspension or, respectively, regression to earlier phases.

Semi-imprisonment, day fines, external work, external residence, and house arrest are governed by the relevant provisions of the Criminal Procedure Code, laws, and implementing regulations.

Amendment of the semi-imprisonment regime

1 The incarcerated person may waive semi-imprisonment, or execution in separate days, at any time, with written communication to the Directorate. The competent authority may revoke such regimes at any time in case of non-observance of the established conditions. In both cases, the competent authority decides the modalities for serving the remainder of the sentence.

2 There are no "prison holidays."

3 In the event of collective holidays set by the employer, the incarcerated person is subject to the ordinary regime. The person placed at Naravazz continues the execution of the sentence, in principle, at Stampino.

The Directorate may adopt measures aimed at limiting contact between particular categories of incarcerated persons.

1. Incarcerated individuals shall show respect towards staff members, other incarcerated individuals, and all persons who, in various capacities, are involved in correctional facilities.

2. Incarcerated individuals shall respect the rules of communal living and collective peace.

1 External contacts are regulated by the Management. For persons in pre-trial detention, this occurs in agreement with the competent authority.

**2 As a rule, these are monitored and/or controlled and/or censored and/or recorded.**

1 An incarcerated person may maintain contact with the outside world.

2 Such contacts consist of

a) correspondence;

b) telephone calls;

c) videoconferences;

d) electronic network communications;

e) in-person contacts: visits, visits with meals (hereinafter "gastronomic visits"), internal meetings (hereinafter "La Silva"), visitation rights and duties with children (hereinafter "Pollicino"), special events.

3 The possibility of utilizing contacts takes into account the behavior of the incarcerated person and depends on the enforcement regime, the placement facility, logistical possibilities, and the directives issued by the Directorate.

4 Contacts may be limited or prohibited by the competent authority for investigative reasons, or by the Directorate for reasons of security or internal order, or to protect the interests of the incarcerated person or third parties.

1 All individuals accessing prison facilities must comply with the directives issued by the Management, specifically

a) they must be authorized by the Management, with the exception of representatives of judicial authorities and supervisory commissions;

b) they must identify themselves with valid identity documents, which may be photocopied and archived;

c) they must wear appropriate and decorous attire;

d) they must deposit unauthorized items at the entrance, according to the instructions of the custodial staff;

e) they must behave in an appropriate and respectful manner;

f) they may be subjected at any time to a search of their person and belongings;

g) they must strictly adhere to the instructions of the custodial staff.

2 A personal search or strip search may be carried out when such measures prove necessary and proportionate.

3 Such control shall be conducted by a person of the same sex in an appropriate location.

1 Contacts are guaranteed and free with

a) the competent criminal authorities in the exercise of their functions;

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

c) the Division and the Department;

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

e) the consular and diplomatic representations of the incarcerated person's country of origin.

2 Letters addressed to these authorities are delivered in sealed envelopes and are not subject to censorship.

3 In particular, the incarcerated person may submit complaints regarding detention conditions to the Commission for the Supervision of Detention Conditions of the Grand Council of the Canton of Ticino. The complaint, which must be motivated, must be submitted in writing. The Commission has no jurisdiction in judicial matters.

1. Every person incarcerated within the scope of criminal or administrative proceedings is guaranteed the right to defense or legal representation.

2. Contacts with the designated defense counsel are regulated by the Code of Criminal Procedure (CPP).

3. Contacts with the defense counsel or legal representative within the scope of proceedings are, in principle, free and unlimited, compatible with the operational needs of the prison facilities. They may be supervised, but not overheard or censored.

1 In principle, incoming and outgoing correspondence is not restricted.

2 Outgoing letters from closed facilities must be handed to service personnel in an open envelope. The Management may impose this rule for open facilities as well.

3 Correspondence may be withheld by the competent authority for investigative reasons or by the Management for reasons of security or internal order, or to protect the interests of the incarcerated person or third parties. In such a case, the interested party shall be notified.

4 The costs for postal dispatches are to be borne by the incarcerated person.

1 Incoming phone calls are not permitted.

2 Outgoing phone calls by persons incarcerated under a special or separate regime are possible if authorized by the competent authority, under the conditions set by the latter.

3 Outgoing phone calls by persons incarcerated under an ordinary regime are possible.

4 For both categories, the provisions of the Directorate shall apply.

5 Phone calls may be recorded.

6 The costs of phone calls shall be borne by the incarcerated person.

1. Incarcerated individuals may receive or send parcels.

2. Incoming parcels are inspected and delivered opened.

3. A directive from the Directorate regulates the frequency of parcel reception and the goods, or quantities, authorized.

4. If the goods are not compliant with the provisions, they will be returned to the sender, unless the costs are disproportionate or hygiene reasons require otherwise; in such a case, they will be destroyed. The incarcerated individual is informed; the costs are borne by them.

1 An incarcerated person is permitted to receive visits from a maximum of three adult individuals simultaneously.

2 Anyone intending to visit an incarcerated person under a special or separated regime must present authorization from the competent authority.

3 Anyone intending to visit an incarcerated person under an ordinary regime must be preventively authorized by the Directorate.

4 The Directorate may prohibit visits deemed inappropriate.

Minors are admitted only if accompanied

a) by a parent or by whoever exercises parental authority;

b) by other adult individuals, provided they present written authorization, declared authentic, from the parent or whoever exercises parental authority.

5 Minors over fourteen years of age may be admitted alone to visit an incarcerated parent, provided that said parent exercises parental authority, or if they are furnished with written authorization, declared authentic, from the parent exercising parental authority or from their legal representative.

6 Except for exceptions allowed by the Directorate

a) visits between persons incarcerated in different facilities are prohibited;

b) visitors may not meet more than one incarcerated person at a time;

c) a visitor may not appear on more than one visitor list.

7 The days, hours, supervision, and modalities of visits are regulated by provisions of the Directorate.

8 Visiting time is calculated in full hours (a maximum of two consecutive hours at Stampa and Stampino, one hour at Farera) and cannot be fractioned.

9 A provision of the Directorate sets the maximum periodic hourly allowance for each regime; it expires at the end of each period.

10 Visits take place in designated areas, under the control of custodial staff.

11 It is absolutely forbidden to hand over or receive anything from the incarcerated person. Objects or goods intended for the incarcerated person must be deposited at the entrance; they will be delivered to the incarcerated person after controls. A provision of the Directorate regulates the type of goods, quantity, and frequency of reception.

Gastronomic colloquia, La Silva, Pollicino, special events are governed by provisions issued by the Directorate; additionally, the rules for visits apply by analogy.

1 In case of abuse in the exercise of a contact, the Management may suspend or revoke an already granted permit, or respectively interrupt an ongoing contact.

2 The Management reserves the right to inform the competent authority.

1 Access to or exchange of data and information on the computer network, as well as the possession of devices capable of accessing the network, are prohibited, except in the following cases

a) convicted persons who meet the conditions defined in a provision of the Directorate may conduct videoconferences using devices belonging to the penitentiary facilities, according to the specified procedures;

b) persons authorized for training purposes;

c) convicted persons placed at Stampino and Naravazz may use their own computer devices to access the network, at their own expense. The Directorate reserves the right to verify appropriate use.

2 Other exceptions may be provided by the Directorate.

1 Prison facilities, as far as possible, offer incarcerated individuals opportunities for work, training, cultural, sports, or recreational activities, taking into account individual characteristics and skills.

2 For sentenced individuals, these activities are part of the PES or PEM.

1. An adult defendant held under a special or ordinary regime may be assigned work, with their consent, subject to the needs of the investigation.

2. A convicted person is obligated to work. They are required to perform the work assigned to them; if they evade this obligation, they are liable to sanctions. Compliance with the obligation to work also constitutes one of the conditions for advancement in the progressive regime, or for its maintenance, respectively.

3. Both categories of persons may procure their own work activity to be carried out within the facilities, if deemed appropriate and compatible with order and security. The proceeds are credited to the interested party's deposit account, after deducting any direct costs and the contribution to the costs of incarceration. The provisions on remuneration of the Swiss Criminal Code (SCC) and the Latin Concordat apply by analogy.

4. External work (Art. 77a SCC) and work in semi-detention (Arts. 77b and 79 SCC) are governed by separate provisions. Furthermore, the relevant provisions of the Regulations for the Enforcement of Penalties (REP), these regulations, and, by analogy, the provisions of the SCC and the Latin Concordat apply.

1. **Minors in Pre-trial Detention**

Minors in pre-trial detention are required to attend training courses organized with the agreement of the competent authority. Such training is unpaid.

2. **Adults in Pre-trial Detention**

Adults in pre-trial detention may attend organized training courses, subject to the needs of the investigation. For women incarcerated at Farera, participation in educational and cultural activities corresponds to the obligation to work.

3. **Convicted Persons**

Convicted persons may attend general or vocational training courses organized within correctional facilities.

4. **Distance Learning**

The Directorate may authorize individual distance learning programs.

5. **Training Costs**

A portion of the costs related to training may be charged to the incarcerated person.

6. **Revocation of Training Authorization**

The Directorate may revoke authorization for training for disciplinary, security, or internal order reasons, or due to lack of application.

7. **General Provisions**

The Directorate issues general provisions concerning training.

The Directorate may temporarily exempt the incarcerated person from work or training

a) for health reasons based on a medical certificate (to be requested spontaneously upon the onset of incapacity);

b) for security or internal order reasons;

c) whenever such a measure is indicated in consideration of the personal situation.

1 For work performed, remuneration is paid according to the provisions of the CPS and the Latin Concordat.

2 For participation in professional training or refresher courses in place of work, fair remuneration is paid.

3 To the convicted person, for whom it is not possible to provide work or training activities, an allowance equal to 50% of the minimum remuneration is paid.

4 To the person unable to work or train for health reasons certified by the medical doctor of the prison facilities, an allowance equal to 50% of the established remuneration is paid.

5 The Directorate issues provisions regarding the calculation of allowances.

1. Incarcerated persons participate in covering the costs of enforcement

a) by means of a deduction from their daily remuneration during the ordinary regime;

b) by means of a deduction from their wages during the external work regime or external work and accommodation or house arrest;

c) by means of a payment for semi-detention, as a rule, in advance or in installments upon payment of an initial deposit.

2. The amounts are fixed according to the rules of the Latin Concordat.

3. For the costs referred to in letters b) and c), the Directorate decides, upon application by the interested person, on their reduction or exemption.

1. Incarcerated persons shall be admitted to outdoor exercise for at least one hour a day, starting from the day following their incarceration.

2. The duration, conditions, and general modalities of outdoor exercise shall be regulated by provisions issued by the Directorate for individual facilities and applied individually by the custodial staff.

Subject to the Director's authorization, an incarcerated person may, during their free time, engage in a productive activity aimed at earning an income; this income is credited to their deposit account.

1. During the first week of detention, the accused person is excluded from access to information media. Access may be denied or restricted at any other time by decision of the competent authority, or the Directorate, respectively, for reasons of internal order. [2]

2. Minors have access to television and radio programs in a regulated and limited manner, according to the provisions of the Directorate, in agreement with the competent authority.

[2] Para. amended by R 8.7.2014; in force since 11.7.2014 - BO 2014, 388.

1. Incarcerated individuals are encouraged to maintain and expand their cultural competencies through participation in activities and events and by utilizing works provided by the internal library.

2. The Directorate regulates the modalities for the enjoyment of cultural and recreational activities and the library.

1. Incarcerated persons are permitted to subscribe, at their own expense, to publications freely available on the market in Switzerland.

2. The Directorate issues provisions concerning the reception of television and radio programs; the license fees for devices in cells and rooms are to be borne by the incarcerated persons. The installation of external antennas is prohibited.

Personal entertainment devices

The Directorate issues provisions concerning equipment, in particular IT equipment, data carriers and readers (videocassettes, CDs, DVDs, etc.), respectively for authorized content.

1 Incarcerated individuals are encouraged to take care of their health, including through physical exercise, in their cell or room, during walks, or in designated spaces for this purpose. Incarcerated individuals must wear appropriate clothing.

2 The practice of sports activities in open facilities is governed by specific provisions.

Work and Leisure Time at Stam pino

1 The times for entry and exit for the performance of work or training activities are regulated by the provisions of the Directorate. Presence checks may be carried out at the place of work or training.

2 Free time at Stampino and Naravazz is spent in the room or common areas according to internal provisions. Except for organized activities with the agreement of the Directorate, it is forbidden to leave the perimeter of the facility.

A person incarcerated under a regime of external work or training, or semi-detention, must always be in possession of the relevant decision, which indicates the duration, hours, location, employer or school, means of transport, and rules of conduct.

1 An incarcerated person may apply in good time for a leave permit in accordance with the CPS, the REP, and the provisions of the Latin Concordat.

2 Leave is not a right; its granting takes particular account of the duration of the sentence, conduct during the execution of the sentence, commitment to work, risks of flight and recidivism, and the ability to comply with rules of conduct and security.

3 The costs for the leave are entirely borne by the incarcerated person, who must demonstrate in advance the ability to cover them.

4 Every leave permit is formalized in writing by the Directorate, with a copy to the police authority; it indicates the mandatory conditions for the leave, must be kept by the person throughout the duration of the leave, and must be returned upon re-entry.

5 Time for leaves not taken or revoked by the Directorate or not fully utilized cannot be recuperated.

6 During leaves, it is prohibited to

a) travel abroad or to enclaves;

b) drive motor vehicles, unless explicitly authorized by the Directorate;

c) consume alcoholic beverages, narcotics, or unprescribed medications (relevant checks will be performed upon return);

d) go to places other than those indicated on the leave permit.

7 An already authorized leave may be revoked or suspended at any time if any of the conditions for its granting are no longer met.

8 Leave may only occur if the cell or room is tidy and clean.

1 The first leave is granted by the competent authority. Subsequent leaves are granted by the Directorate.

2 Leave primarily takes place during weekends and public holidays and is regulated by provisions issued by the Directorate.

Permission and accompaniment

The Management may grant the convicted person extraordinary leave, or accompaniment by a trusted person, limited to the strictly necessary time, to attend to their personal, professional, or judicial matters that cannot be postponed and for which their presence outside the institution is indispensable, or for other exceptional reasons at the discretion of the Management.

The incarcerated person enjoys all rights reserved to the individual and the citizen and protected by law, with the exception of

a) those expressly excluded or limited by law or by the present regulation;

b) those whose exercise is incompatible with the state of deprivation of liberty.

1. Incarcerated individuals shall observe the provisions of these regulations and the law.

2. They shall be subject to the discipline of the facility and comply with the directives and orders issued by the staff.

3. Incarcerated individuals have a duty to acknowledge administrative, judicial, or disciplinary procedures concerning them. Should they refuse to sign a document in such contexts, the document shall bear an observation indicating the reason for the refusal and the signature of the responsible official.

The incarcerated person may request an interview with the Management. The written and reasoned request must be addressed to the Management, typically through the custody staff.

1 The incarcerated person enjoys the right to complain.

2 The complaint, formally designated as such and duly reasoned, must be addressed in a sealed envelope within five days of the contested decision or act

a) to the Directorate, if directed against the conduct of a staff member or against another incarcerated person;

b) to the Directorate of the Patronage Office, if directed against a social worker;

c) to the Division, if directed against the conduct of the Directorate; for minors, to the Juvenile Magistracy.

3 The decision is communicated to the interested party in written form.

4 In cases of repeated and manifestly unfounded complaints, the Directorate and the Division may apply a decision fee from CHF 20.– to CHF 100.– [3].

[3] Paragraph amended on December 10, 2012; in force since January 1, 2013.

1. Incarcerated individuals have the right to submit, in their own name or collectively, requests, proposals, or complaints regarding situations or facts concerning their treatment or internal life within penitentiary facilities.

2. Requests, proposals, or complaints must be addressed in written form to the Directorate, or for minors, to the Juvenile Court, through the Directorate.

1 The following constitute a disciplinary offense

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

b) refusal to obey an order;

c) refusal to work, disruption of work, and any other manifestation of ill will and lack of commitment to work and training, for persons subject to such obligations;

d) damage caused intentionally or through gross negligence to equipment, installations, or any other property belonging to the prison facilities, personnel, other inmates, or third parties;

e) acts of physical or verbal violence against inmates, personnel, or third parties;

f) prohibited contact with other inmates or with persons external to the prison facilities;

g) the transmission of correspondence, information, or any object or product on behalf of other inmates;

h) the waste of foodstuffs;

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

j) the introduction, possession, manufacture, consumption, and trade of alcoholic beverages, substances under federal narcotics legislation, non-prescribed medicines, or any other unauthorized object, data, or information;

k) the consumption of tobacco by persons under fourteen years of age;

l) non-observance of the rules of conduct during leave;

m) provocation, incitement, and complicity in the commission of a disciplinary offense;

n) the attempt or preparatory acts for the commission of a disciplinary offense;

o) any act punishable by law or contrary to the provisions of these regulations or other provisions concerning the execution of sentences and measures.

2 Criminal prosecution remains reserved.

1 If an incarcerated person intentionally or through gross negligence commits a disciplinary infraction, they shall be subject to a sanction proportionate to the nature and gravity of the infraction.

2 Before proceeding with the sanction, the incarcerated person shall be informed and heard regarding the facts imputed to them. They shall have the right to express themselves verbally or in writing.

3 The sanction shall be commensurate, taking into account the conduct and particular circumstances of the incarcerated person, in order to stimulate a sense of responsibility and self-control. Criminal sanctions are reserved.

4 The sanction shall be notified in writing. It must be reasoned and contain the legal remedies. An appeal, which must be filed within a period of three days, shall not have suspensive effect [4].

5 All disciplinary infractions which constitute a criminally prosecutable act shall be reported to the competent authority.

6 All disciplinary infractions committed by a person in pre-trial detention shall be reported to the competent authority.

[4] Para. amended on December 10, 2012; in force since January 1, 2013.

1 The applicable sanctions are [5]

a) written reprimand;

b) suspension of privileges under the incarceration regime;

c) a fine of up to CHF 200.–;

d) solitary confinement in an individual cell for up to twenty days during free time;

e) solitary confinement in an individual cell for up to twenty days;

f) solitary confinement in a disciplinary cell for up to ten days.

2 An inmate punished with solitary confinement in a disciplinary cell must be visited by the assigned physician, who may, for medical reasons, interrupt the execution of the measure.

3 The Directorate is competent to impose disciplinary sanctions; in case of recusal, competence passes to the Division.

4 . . . [6]

[5] Par. amended on 10 December 2012; in force since 1 January 2013.

[6] Par. abrogated on 10 December 2012; in force since 1 January 2013.

The incarcerated person may be transferred

a) between cantonal correctional facilities upon decision of the Directorate

1. depending on the phases of incarceration, in agreement with the competent authority;

2. for reasons of security or internal order;

b) to another Canton

1. depending on the phases of incarceration, in application of the PES (Prison Enforcement System), upon decision of the competent authority;

2. upon their reasoned request, in agreement with the competent authority;

3. for reasons of investigation or sentence enforcement, upon decision of the competent authority;

4. upon decision of the Directorate, for reasons of security or internal order;

c) abroad in case of a decision by the Federal Office of Justice

1. within the scope of an extradition request by a foreign state;

2. within the scope of the Convention or the Additional Protocol on the transfer of sentenced persons.

1 No one may be released without a regular written order, dated and signed by the competent authority.

2 The dedicated IT support is updated to indicate

a) the day and time of release;

b) the reason for release;

c) the authority ordering the release.

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

4 The removal from Switzerland, respectively repatriation, falls under the exclusive competence of the designated administrative authority.

This Regulation shall enter into force on 1 January 2011.

It repeals all previous regulations concerning prison facilities.

Published in BU 2013, 22.