Concordat Regulation on the Granting of Leave Permits to Sentenced Minors

1 This regulation applies to minors serving a custodial sentence or a placement measure.

2 It also applies to persons over 18 years of age against whom pre-trial detention, a sentence, or a measure ordered by the juvenile jurisdiction has been imposed, or who have become adults during the course of execution (Art. para. 2 of the Concordat).

1 The authorization to leave must not deprive the conviction of its preventive character and must not harm security or endanger public safety.

2 Excursions for socio-educational purposes outside the institution and provided for in the educational program remain reserved.

3 The competent authorities may grant an authorization to leave to a minor placed or detained against whom a criminal investigation is open, exclusively with the preliminary agreement of the competent judicial authority.

1 Exit Authorizations Refer To

a) Escorted leave, which is an accompanied exit granted for a specific reason. This may, in particular, take place in a group or individually to participate in individual cultural or sporting activities or to make purchases;

b) Permission, which is granted to the person placed or detained to attend to personal, professional, or judicial matters that cannot be postponed and for which presence outside the establishment is indispensable;

c) Furlough, which is one of the means available to the competent authority to allow the person placed or detained to maintain relationships with the outside world and to prepare for their release.

2 The fact that the person placed or detained is accompanied for interrogations, hearings, medical appointments, transfers, etc., is not considered an exit.

3 As a general rule, exits and furloughs are not accompanied. The authority granting the authorization may order that the detained person be accompanied if this appears necessary to ensure the normal course of the alleviation of the execution.

1 The placement authority designated by the canton that issued the judgment decides on the first application for leave.

2 The management of the institution decides on applications for exit permits submitted after a successful first leave, unless otherwise decided by the placement authority designated above. The latter immediately receives a copy of all decisions.

3 In setting the conditions for the exit permit, the competent authorities particularly take into account the interests of the victims and the circumstances in which the offense was committed.

1 The management of the institution gives advance notice of all applications for release permits falling within the jurisdiction of the judge or the public prosecutor for minors of the canton that issued the judgment.

2 It ensures that detained or placed persons are received by their family or by third parties.

1 To obtain an exit authorization, respectively a leave or a permit, the detained or placed person must

a) formally request an exit authorization, at the earliest after a stay of at least one month in the same establishment;

b) substantiate having actively participated in the objectives of their individualized educational program;

c) demonstrate that their conduct during the execution of the measure or sentence makes them worthy of the increased trust required;

d) have a sufficient sum available, capable of ensuring its proper execution.

2 As a general rule, leave applications must be submitted at least one week before the scheduled date of the leave itself.

3 The competent authority or the management of the establishment shall determine, on a case-by-case basis, the specific conditions associated with the granting of the exit authorization.

Exceptional reasons for the granting of permits or escorts remain reserved, such as participation in the funeral of close relatives or a business appointment.

1 Subject to exceptional reasons (Art. 7), no authorization for release is granted during the first month of the execution of the measure or sentence.

2 The first leave is authorized only if the first accompanied release has been successful.

3 The travel time from the institution to the location where the release is carried out is included in the duration of the leave. The institution's management may provide for adjustments based on the duration of travel for the placed or detained person.

1 In the implementation of placement measures, exit permits are established according to the following parameters

a) 2nd month: one accompanied outing per week;

b) 3rd month: one accompanied outing per week as well as one leave of absence of a maximum of 12 hours;

c) 4th month: one accompanied outing per week as well as two leaves of absence of a maximum of 24 hours each;

d) 5th month: one accompanied outing per week as well as two leaves of absence of a maximum of 36 hours each;

e) from the 6th month: one accompanied outing per week as well as three leaves of absence of a maximum of 52 hours each.

2 For particular reasons, the competent authority may deviate from the above-mentioned frequency, granting fragmented leaves of absence.

1 In the execution of a custodial sentence, exit permits are established according to the following parameters

a) the 2nd month: one accompanied leave;

b) the 3rd month: one leave of a maximum of 12 hours;

c) the 4th month: one leave of a maximum of 24 hours;

d) from the 5th month: one monthly leave of a maximum of 36 hours;

e) from the 6th month: one monthly leave of a maximum of 48 hours.

2 For particular reasons, the competent authority may derogate from the above-mentioned frequency, granting fragmented leaves.

1 Every person benefiting from an exit permit must be in possession of a leave sheet containing at least the following information

a) dates and times of departure and return;

b) the locality or localities where the detained person is going;

c) the sum of money released to the detained person (only if under ordinary regime);

d) obligation to behave correctly;

e) any conditions connected to the exit;

f) the prohibition, save for exceptions, from leaving Swiss territory.

2 A copy of the leave sheet is sent in advance to

a) the authorities that made the decision;

b) the police forces: of the canton where the establishment is located, of the canton that issued the decision, of the canton or cantons where the detained person is going;

c) the legal representative;

d) if applicable, the family or third parties where the detained person is going (Art. 5 para. 2 of these regulations).

Suspension or revocation of the granted decision

If the person detained, enjoying the benefit of an exit authorization, no longer fulfills the conditions upon which its grant was based, the facility management may provisionally suspend the exit. It immediately informs the placement authority.

1 The Conference therefore invites the cantonal governments of Latin Switzerland to adapt the cantonal provisions relating to exit authorisations granted to minors.

2 This regulation shall enter into force after being adopted by the cantons according to their own rules.

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

Published in BU 2013, 564.