Concordat on the Enforcement of Custodial Sentences and Measures Concerning Adults and Young Adults in the Latin Cantons (Latin Concordat on the Detention of Adults)

The present concordat governs

a) the execution of custodial sentences, institutional therapeutic measures, and internment (hereinafter referred to as measures);

b) the early execution of the sentence or measure, subject to the jurisdiction of the judicial authorities; if these are within the competence of a concordat canton and if they take place in a concordat establishment.

The organs of the concordat are

a) the Latin Conference of Cantonal Authorities competent in the execution of penalties and measures;

b) the Secretariat of the Conference;

c) the Concordat Commission;

d) the Commission for Rehabilitative Assistance.

Latin Conference of Cantonal Authorities competent in the matter

1 The Conference is composed of one representative from each Romance-speaking canton. Each cantonal government designates a member of the cantonal executive to represent it and act on its behalf.

2 A member of the executive from the Canton Ticino participates in the meetings with a consultative vote.

3 The members of the Conference may be assisted by persons responsible for the execution of sentences and measures.

The Latin Conference of Cantonal Authorities Competent for the Execution of Penalties and Measures (hereinafter referred to as the Conference) is the superior body of the Concordat.

The Conference has the following responsibilities

a) it takes all decisions within the scope of the powers conferred upon it by the Concordat;

b) it elaborates, in areas where it deems necessary, implementing regulations for the Concordat. These regulations are adopted by the Concordat cantons according to their own rules;

c) it adopts, in areas where it deems necessary, directives and recommendations for the attention of the Concordat cantons with the aim of harmonizing the execution

- of custodial penalties and measures; as well as the anticipated execution of the penalty or measure inherent in the Concordat; the powers of the judicial authorities are reserved;

- of all derogating forms of custodial penalties;

d) it monitors the application and interpretation of the Concordat. It particularly ensures that the regulations of the Concordat establishments do not contain anything contrary to the Concordat and its implementing provisions;

e) it may propose to the Concordat cantons the creation of new structures or the management of certain establishments by private administrators, setting precise conditions (Art. 379 SCC). If necessary, it provides the Concordat cantons with recommendations concerning improvements or adaptations to be made, particularly to the regime for the execution of penalties and measures, as well as for the anticipated execution of the penalty or measure; the powers of the judicial authorities are reserved;

f) it proposes to the Government of the canton concerned to modify the designation of a Concordat establishment, or a section thereof;

g) it is competent to sign agreements with a non-Concordat canton for the placement of certain categories of detained persons;

h) it maintains relations with the Confederation, the other two penitentiary concordats, and non-Concordat cantons;

i) it ensures the necessary relations with other institutional bodies, interested third parties, and the media;

j) it promotes and supports initial training, continuing education, and professional development of personnel responsible for the execution of penalties and measures related to this Concordat;

k) it deliberates in a regulation on the list of establishments intended for the execution of penalties and measures governed by this Concordat and the minimum rules.

1 The Conference designates one of its members to preside over it.

2 It establishes a secretariat whose expenses are borne in common by the concordant cantons. It determines the contribution of each canton.

3 It meets when necessary, but at least once a year or when one of the members of the Conference so requests.

4 It establishes its own procedure.

1 The Conference shall designate a person to act as secretary of the Conference.

2 This person shall prepare the sessions of the Conference, draft the minutes, and ensure the proper functioning of the secretariat.

3 They shall oversee the implementation of the Conference's decisions and, as appropriate, their publication and dissemination. They shall carry out the tasks entrusted to them by the Conference itself.

4 They shall submit proposals to the Conference, subject to Articles 8 and 10 of this concordat.

5 They shall monitor the promotion of intercantonal collaboration and relations with institutional bodies.

1 The Concordat Commission is composed of persons in charge of the execution of sentences and measures of the concordat cantons, appointed by their Department Director.

**2 It is chaired by the person who assumes the role of secretary of the Conference.**

**3 A person representing the Commission for Criminal Patronages, designated by the latter, participates in the meetings with an advisory vote.**

**4 The Commission organizes itself and establishes its procedure.**

The Concordat Commission has the task of

a) studying the topics submitted to it by the Conference, its secretariat, or one of its members;

b) submitting to the Conference, through the person chairing the commission, all proposals useful for the application or adaptation of the concordat;

c) promoting the coordination and harmonization of practice, particularly regarding the execution of penalties and measures in the concordat cantons.

1 The Commission for Rehabilitation Assistance is composed of the heads of services or offices for rehabilitation assistance of the concordat cantons. The person chairing the Commission for Rehabilitation Assistance is designated by the Conference.

**2 A representative of the Concordat Commission, designated by the latter, takes part in the meetings with an advisory vote.**

**3 The Commission organises itself and establishes its procedure.**

The Rehabilitation Assistance Commission has the following tasks

a) to coordinate and harmonize the practice of rehabilitation assistance among the concordat cantons;

b) to ensure, in particular, the transfer of the execution of a judgment prescribing rehabilitation assistance;

c) to follow up on all studies requested by the Conference or by the person designated as its secretary;

d) to submit to the Conference, through the person designated as its secretary, all proposals it deems appropriate.

1 Subject to the granting of the necessary credits by the governments and parliaments of the concordat cantons, as well as federal subsidies, the concordat cantons undertake, according to the planning of the Conference, by virtue of this concordat, to make available the facilities and establishments provided for by federal law and to equip them with the necessary means and personnel.

2 The Conference shall ensure the speediness of the studies and works concerning the creation of new establishments.

The Conference issues recommendations concerning security, placement, assistance, training, and labor within the different types of establishments or sections of establishments intended for the execution of deprivation of liberty sentences and measures.

1 For the execution of custodial sentences and measures, men and women are placed in separate institutions or distinct sections.

2 The Conference may provide for exceptions, especially for the execution of measures and for forms of execution by derogation.

1 The concordat cantons undertake to place persons detained and interned, to whom the present concordat applies, in institutions or sections of institutions recognized by the Conference.

2 The Conference shall, in a regulation, establish the conditions under which a canton may not place a person detained, sentenced to a short-term penalty, in a concordat institution.

3 The placement or transfer of a detained person to a non-concordat institution, whether or not located in one of the concordat cantons, remains reserved in particular circumstances, notably for reasons of care, security, discipline, and occupancy, subject to the powers of the judicial authorities.

1 The cantons that have establishments or sections of establishments within the concordat commit to accepting detained persons from the concordat cantons.

2 To the extent that the establishments have a sufficient number of places, persons in pre-trial detention or detained for early execution of a sentence or measure may be admitted; the competencies of the judicial authorities are reserved.

1 The competent authorities designated by the canton, responsible for the execution of the judgment or decision (hereinafter referred to as the sentencing canton or the canton on which the detained person depends), shall proceed according to their free discretion with the placement of the person concerned in an appropriate institution or section of an institution.

2 They shall rely on the indications contained in the judgment or decision, as well as on the different elements at their disposal or those requested, depending on the case, from a commission, a person designated as an expert, or the judicial authority.

3 Provided that the cantonal procedure allows it, the reasoned judgment and the extract from the criminal record shall be transmitted to the management of the institution, together, if applicable, with the psychiatric expert report prepared during the investigation.

4 The management of the institution, if it considers during the execution that an inmate should be transferred, shall address a request to the competent authority of the sentencing canton or the canton on which the detained person depends.

5 Cantonal law for transfers subsequent to a modification of the sentence after judgment remains reserved.

1 The canton that rendered the judgment exercises all legal powers related to the execution of the sentence or measure, unless it has expressly delegated them to another canton.

2 It decides, in particular, on

a) definitive or conditional release;

b) external work and external accommodation;

c) leaves and various exit permits;

d) the interruption of a sentence or a measure;

e) the suppression, respectively the termination of a measure;

f) the waiver of the execution of a sentence or a measure;

g) reintegration;

h) the postponement of the execution of a sentence or a measure;

i) transfer to another institution.

3 It is also competent in matters of rehabilitative assistance and social assistance, unless it has delegated the latter to the authority of the canton where the detained person goes after their release.

1 For the purpose of developing the social behaviour of the detained person, always taking into consideration the protection of the public community, a sentence execution plan and a treatment plan for the execution of the measure are established, subject to the provisions on life imprisonment.

2 The Conference sets the conditions and modalities of application.

3 The competences, procedure, and responsibility of the cantons regarding the sentence and measure execution plan are reserved.

Detained persons placed in an establishment subject to an intercantonal agreement are subject to the legal and regulatory provisions of the canton where the establishment is located, especially in disciplinary matters.

The competent authorities of the concordat cantons have the right to visit the concordat establishments.

1 Concordat establishments must immediately report to the canton that issued the judgment, to the canton where the establishment is located, or to the canton from which the detained person originates, in the event of failure of a leave, escape, serious illness or injury, or the death of a detained person.

2 They shall notably provide their opinion regarding leaves, external work and external accommodation, conditional release, and the interruption of liberty-depriving sentences and measures.

3 They shall respond to every request for information from the canton that issued the judgment concerning detainees under their authority.

The canton where the establishment is located ensures social, medical, and spiritual assistance within the establishment.

1 The concordat cantons provide opportunities for work, training, or further education for detained persons, in order to promote the development of their social behaviour.

2 They take into account the needs, circumstances, possibilities of the institutions, and the protection of the public.

1 Federal law regulates the assumption of costs for services from which a detained person subject to this law benefits (currently HIA).

2 The assumption of costs for premiums of compulsory health insurance, the deductible, the co-payment of costs exceeding the deductible, and contributions to hospitalisation costs, is determined by the regulations of the canton in which the detained person was regularly resident at the time of their arrest and judgment.

3 The assumption of costs for services for detained persons not subject to federal law (currently HIA) is borne by the canton that issued the sentence or by the canton on which the detained person depends.

4 The detained person shall bear the costs of the services they have received, whenever their financial situation or the proceeds of their work allows.

5 Subject to this reservation, medical expenses shall be borne

a) by the canton that issued the sentence or by the canton on which the detained person depends in the event of illness;

b) by the canton in which the detention facility is located in the event of an accident.

6 Expenses related to treatment, but not covered by federal law, constitute expenses for the execution of the sentence or measure.

1. Subject to the assumption of costs by detained persons, dental expenses not covered by mandatory health insurance shall be borne, to the extent that they are strictly necessary from a medical point of view, by the canton that issued the sentence or by the canton responsible for the detained person.

2. The Conference shall determine the portion of the expenses that the detained person must bear.

The assumption of medical costs in the event of placement in a therapeutic facility is regulated in accordance with Article 28.

Professional accident risk and

1 If the detained person is placed in an institution, the canton in which the institution is located shall ensure the detained person against these risks and bear the financial consequences thereof. The Conference shall determine the conditions and modalities of this coverage.

2 The competent authority placing a detained person in remunerated external work shall inform the employer that they must insure the detained person against the risk of occupational and non-occupational accidents and occupational diseases.

1 The canton that issued the judgment or the canton on which the detained person depends is responsible for the payment of the latter's board and lodging fees.

2 The cost of board and lodging fees in concordat establishments is determined by the Conference, which particularly takes into account

a) the types of establishments or sections of establishments;

b) the requirements that these must meet;

c) the operating conditions;

d) the amount that the detained person must pay as a contribution to the execution costs.

Remuneration, allowances and contributions

1. Detained persons placed in the concordat establishments receive net remuneration for their work and fair compensation in the event of participation in basic and continuing training measures.

2. The Conference determines the conditions, modalities, and amounts of remuneration, compensation, and the contribution of the detained person to the execution costs.

The French-speaking cantons accept detained persons that the Canton of Ticino requests to place

a) in open institutions that have a closed section or in closed institutions that have an open section, if the sentence is at least one year;

b) in institutions intended for the execution of measures applicable to young adults;

c) in institutions intended to accommodate dangerous detained persons suffering from a mental illness.

Placement of French-speaking detainees

The Canton of Ticino prioritizes the reception of detainees from concordat cantons according to its capacities.

1 Every dispute between concordat cantons or subordinate organs of the concordat shall be decided by the Conference as a sole instance.

2 The Federal Act of 20 December 1968 on Administrative Procedure (RS 172.021) is applicable.

1 Coordinated parliamentary oversight is established in accordance with Art. 8 of the Convention of 9 March 2001 on the negotiation, ratification, implementation and amendment of intercantonal conventions and cantonal treaties with foreign countries (hereinafter referred to as the Convention).

2 The Interparliamentary Commission is composed of three members per canton, designated by the Parliament of each canton.

3 Art. 8 of the Convention sets out the mandate and operating procedures of this Interparliamentary Commission.

1 The concordat shall enter into force, after having been approved by the competent authorities of all concordat cantons, on the date to be fixed by the Conference.

2 As of this date, the concordat of 22 October 1984 on the execution of sentences and measures concerning adults and young adults in the French-speaking cantons and Ticino, approved by the Federal Council on 03 June 1985, and its related implementing legislation, shall be repealed, with the exception of the regulation of 10 December 1987 concerning the foundation for institutionalized and convicted drug addicts.

1 The enforcement of custodial sentences and measures underway at the time of entry into force is governed by this concordat, unless the previous law is more favourable to the detained person.

2 For the remainder, the Conference shall adopt the necessary transitional provisions.

3 The regulations, decisions, recommendations, and directives provided for by the concordat of 22 October 1984 on the enforcement of sentences and measures concerning adults and young adults in the French-speaking cantons and Ticino shall remain in force, to the extent that their provisions do not contravene the aforementioned rules, until the entry into force of those that will be issued in application of this Concordat.

The signatory cantons shall refrain from concluding agreements contrary to the Concordat.

1 Any concordat canton has the right to denounce the concordat at the end of a calendar year, subject to five years' notice.

2 The notice of denunciation must be sent by the cantonal government to the member presiding over the Conference.

Thus adopted by the Latin Conference of Directors of Justice and Police Departments on 10 April 2006, in Lausanne.

By decision of 24 September 2007, the Latin Conference of Heads of Justice and Police Departments set the entry into force of the Concordat for 1 November 2007.

Published in OF 2007, 648. DL of approval of 7.11.2006 - OF 2007, 647.