Decision concerning remuneration and allowances paid to minors placed or detained in concordat detention facilities

1 This regulation specifies the disciplinary law applicable to minors for whom pre-trial detention has been ordered, or who are serving a custodial sentence or a placement measure.

2 This regulation also applies to persons over 18 years of age who are subject to pre-trial detention, or a penalty or measure pronounced by a juvenile court, or who are serving this penalty or measure, when they have reached the age of majority.

1 Every detained person placed in a concordat establishment receives, in addition to the in-kind benefit (accommodation, food, and supervision), net remuneration for their work. This also applies when the detained person carries out an activity inside or outside the establishment organized by the establishment's management.

2 Adequate compensation is paid to the detained person in the event of participation in a recognized training program, for example, basic or continuing education, which the execution plan or criminal sanction provides in lieu of work. The duration of the time dedicated to the implementation of such a study program must at least correspond to the duration of the daily work.

3 Only the person who carries out the activity foreseen in their individual program does not receive remuneration.

The remuneration or fair compensation paid to the detained person has the following purposes

a) to valorize the services regularly provided and which must be of good quality, for work or an activity recognized as positive elements of the educational concept;

b) to allow the detained person to cover their personal expenses during detention, to make reimbursements for indemnities that must be paid as reparation (e.g., LAVI), and to save for preparation for release;

c) to familiarize and train the placed person with the rules of the working world, life in society, and personal budget management.

Determination of Remuneration

and Fair Compensation

1 Remuneration and fair compensation are set based on the services provided, according to qualitative and quantitative criteria; these are adapted to the circumstances.

2 Remuneration or compensation shall not be reduced when the detained person must participate in interviews provided for in their individual program during ordinary working hours (e.g., medical accompaniment, therapeutic care, visits from authorities or third parties).

Abolition or reduction of remuneration

1. The facility management may proceed with reductions in remuneration or appropriate compensation in cases of insufficient work performance or negative attitude.

2. Remuneration or appropriate compensation are paid only in part in cases of

a) total or partial incapacity to work, lasting more than 3 days, due to illness or accident, attested by a medical certificate;

b) the inability of the facility to assign employment without the detained person being responsible for it.

The facility's internal regulations establish the modalities.

3. Neither remuneration nor compensation are paid

a) during a maximum of the first 7 working days from entry into the facility, which are used to initiate the assessment and integration of the detained person into the facility;

b) during the time dedicated to private outings and visits;

c) when the detained person refuses to work or cannot be assigned to a job due to their behaviour or is subject to disciplinary sanctions;

d) if the illness is simulated or when the illness or accident was caused intentionally or by gross negligence of the detained person.

4. During the admission phase or in the case of pre-trial detention during which all activities and contacts have been prohibited by the investigating authority, the facility management shall ensure that the persons concerned can nonetheless have access to basic articles for their current needs.

The Conference periodically decides on the maximum amount per workday and per detained person. This amount is fixed as follows

1. between CHF 5.– and CHF 15.– in cases of provisional detention and the execution of a sentence or measure;

2. from CHF 8.– (Phase I) to a maximum of CHF 28.– (Phase IV) in cases of protective measures.

Calculation of remunerations and compensation

1 Net remuneration and compensation are determined by the plant management.

2 These are divided into 3 parts

– available (50%);

– reserved (35%);

– blocked (15%).

Use of remuneration, compensation

and supplements by the detained person

1 The disposable portion (50%) may be freely used, specifically for

a) personal purchases for daily needs (common use items, food, drinks, tobacco, etc.), newspaper subscriptions, entertainment material, etc. The same applies to aid to family, relatives, and reimbursements;

b) costs and expenses for exit permits;

c) fees for the use of radio, television, and communication means;

d) costs due to damages intentionally or negligently caused by detained persons.

2 If necessary, even without the consent of the detained person, the reserved portion (35%) must be used for

a) payments for indemnities assigned as compensation;

b) the repair of damages caused to the establishment or during authorized exits;

c) the payment of fines;

d) transport related to authorized exits;

e) contributions to social insurance (e.g., OASI/DI) and other insurances.

3 The blocked portion (15%) for the preparation for conditional or definitive release or for departure from Switzerland may not be accessed by the detained person. This amount, at the time of the easing of detention, is made available to

a) the person designated in Art. 29 para. 3 DPMin when the placement authority imposes a probationary period on the conditionally released minor;

b) the placement authority;

c) the legal representatives.

4 Amounts intended to cover training costs or costs related to professional reintegration may be drawn from the reserved and blocked accounts. With the minor's agreement, the disposable account may also be used.

Payment of remuneration

1 Amounts are paid by the facility management every two weeks into an account opened in favour of the placed or detained person.

2 Depending on the duration of detention or the particularities of the placed or detained person, more frequent fractional payments are possible.

3 The placed or detained person may request a detailed account statement.

Money or valuables in the possession of the placed

or detained person at the start of detention or during

1. A person placed or detained arriving at a place of detention or an institution who possesses money not originating from an activity previously exercised at another place of placement or detention, must deposit it into a blocked account, with a maximum monthly amount of CHF 50.– deducted to be transferred to the available account.

2. The same principle also applies to sums of money that the person concerned receives during placement or detention.

3. Money possessed by a detained person who has been transferred from another place of detention, and which is the product of an activity exercised in that institution, shall be distributed among the accounts provided for in Article 7.

4. Other valuables owned by the placed or detained person shall be deposited against receipt with the institution, which shall keep them until the transfer or release of the person concerned.

1 The Conference invites the cantonal governments of Latin Switzerland to adapt their regulations concerning the remuneration and compensation paid to minors placed or detained in concordat institutions.

2 This decision comes into force on January 1, 2014.

3 It is published on the Conference's website.

Published in BU 2013, 567.