Regulation concerning the list of establishments for the execution - including early execution - of custodial criminal sanctions

1 Partner cantons shall provide closed or open establishments with one or more open or closed sections for the early execution of a sentence or measure and for the execution of criminal sanctions.

2 The establishments shall offer the possibility for the detained person to develop their social behaviour, in which they must play an active role. Furthermore, they shall institute socialisation processes, taking into account the needs of the detained person, while ensuring the protection of the community, staff, and co-detainees.

3 The establishments shall be conceived and organised according to the importance of the risk of escape and recidivism represented by the person placed there for the execution of detention. This assessment shall be carried out based on the circumstances and various elements (notably the duration of detention, offences and conditions under which they were committed, personal conditions of the detained person, ties with Switzerland, and administrative status).

4 Establishments or sections of establishments must be provided to ensure alternative forms of execution in favour of detained persons.

5 Taking into account the evolving situation, the structures of the establishments should be adaptable accordingly, as far as possible.

1 These are establishments or sections for which the security measures adopted from an organizational, personnel, and structural perspective are, in principle, of minor importance.

2 In these types of establishments or sections, the following are carried out

- short sentences under the ordinary regime (Arts. 41 and 77 SCC);

- separate daily imprisonment up to four weeks (Art. 79 para. 2 SCC); semi-imprisonment (Arts. 77b and 79 SCC);

- detention which, depending on the circumstances, is subject to the closed regime within the meaning of Art. 3 hereunder;

- external work that takes place after the completion of a part of the custodial sentence, generally at least half (Art. 77a SCC);

- alternative forms of execution (Art. 80 SCC);

- where applicable, the early execution of the sentence or measure (Arts. 75 para. 2 and 58 para. 1 SCC).

1 These are establishments or sections for which security measures taken from an organizational, personnel, and structural perspective are important or very important, and which allow for the protection of the public, staff, and co-detainees.

2 In these types of establishments or sections, the following are carried out

- generally, the early execution of a sentence or a measure;

- the ordinary closed regime that precedes execution in a more open regime;

- the reinforced security regime, notably for very long sentences or measures (e.g., Art. 123a of the Federal Constitution and the provisions of the Federal Law of December 21, 2007, amending the Swiss Penal Code [lifetime internment for delinquents judged extremely dangerous], as long as another establishment has not been realized in Switzerland);

- the institutional treatment of interned persons with mental disorders (Art. 59 para. 3 Swiss Penal Code);

- sentences pronounced against dangerous detained persons due to a severe mental disorder who will subsequently undergo internment (Art. 64 para. 1 lit. a and b Swiss Penal Code).

3 Persons in pre-trial detention are also placed in these types of establishments or sections (non-concordat sectors). This regime does not fall within the scope of the concordat.

These are closed or open institutions that have a closed or open section for the execution of measures; such institutions are specifically staffed with personnel who have received specific training for the application of therapeutic measures, which are carried out, if applicable, prior to the execution of a custodial sentence (Articles 59 to 61 SCC), except for internment (Article 64 para. 2 SCC) and lifetime internment (Article 64 para. 1 bis SCC), and specifically

- institutional therapeutic measures for the treatment of mental disorders (Article 59 SCC);

- treatment of dependencies (Article 60 SCC);

- measures applicable to young adults (Article 61 SCC);

- internment (Article 64 para. 1 lit. a and b SCC);

- lifetime internment (Article 64 para. 1 bis SCC).

Open establishments which currently have a closed section for the execution of sentences, are indicated in Part 1 of the following annex.

1 Closed facilities that currently have an open section for the execution of sentences are listed in Part 2 of the aforementioned annex.

2 Facilities currently available for derogating forms of execution are listed in Part 3 of the aforementioned annex.

The provisions adopted regarding open or closed establishments for the execution of measures are indicated in Part 4 of the aforementioned annex.

The Conference is competent to amend the list of establishments provided for in Articles 5 to 7 of this Regulation and indicated in the aforementioned annex.

According to the particular circumstances (namely reasons of assumption of care, security, discipline, proximity of domicile or place of work, and effective number of detained persons) and provided that the arrangements made are neither contrary to the intercantonal agreement nor disadvantageous to a canton or an establishment, placements can be made or accepted in establishments of non-partner cantons.

1 This Regulation repeals Recommendation No. 1 of 27 October 2006 concerning the list of establishments for the execution - including early execution - of custodial sentences.

2 The Conference therefore invites the cantonal governments of Latin Switzerland to adapt their regulations concerning places of detention or establishments.

3 This Regulation shall enter into force on 1 November 2008.

4 It shall be published on the Conference's website and by each Canton according to its own procedure.