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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Prison Service of the Czech Republic is looking for the best means and forms of setting rules and legislation regarding the prison production. Therefore, the Czech Prison Service is looking for examples from abroad.
All products and services are calculated and sold to normal market price, as the Prison Industry is not allowed unfair competitive practices. To prevent the unfair competition, a permanent council was established many years ago with members from employer- and worker organizations, members of Parliament and the Prison and Probation Service. The council meets regularly (twice a year) to discuss the way in which the prison productions are performed. The Danish Marketing and Competition Acts regulates the prison produktion as well as outside the walls. Unfortunately I can´t find the Acts in English.
Is the production department itself an independent economic entity with its own tax identification?No, in Denmark the Prison Industry is financed entirely by the state as a part of the total grant for the Prison and Probation Service. The grant is a net sum grant, which means that the prison can keep the profit for a better result than stipulated in advance. The operation grant goes hand in hand with a plan of occupation of the inmates according to which, the prisons must occupy the inmates in a number of hours stipulated in advance.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?The working instructors are both educated within their branch as well as prison officersand therefor remunerated from general prison budget (grant).
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?The reproduction of property is mostly provided by resources of prisons, but the production department can provide some money for developing products and buildings.
Products that are sold are by-products of training workshops operating in our closed and open prisons. Items include flowering plants and some furniture items. Some products are given free to charitable organisations None are produced under contract There is no statutory regulation of the sale of these items The Irish Prison Service adopted a policy document in 2017 to set out the procedures for pricing items and accounting for funds received
Is the production department itself an independent economic entity with its own tax identification?Not independent of the Irish Prison Service
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?All workshop training staff are remunerated from the general prison budget
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?Not applicable
In most Slovenian prisons operates public commercial institute Rinka, selling its products in accordance to the following laws: The Law on Public Utilities: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO272 Institutes Act: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO10 Public Procurement Act: https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2006-01-5409?sop=2006-01-5409
Is the production department itself an independent economic entity with its own tax identification?Public commercial institute is an independent economic entity with its own tax identification.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?Civic employees who work inside the public commercial institute are remunerated from the production department’s resources.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?It depends on who owns the property. If the owner of machines is public commercial institute then reproduction of property is provided by resources of the production department in other case if the owner of the working space is prison the reproduction of property is provided by resources of prison.
1. A prisoner’s entitlement to the engagement of purposeful activity is governed by the Prison and Young Offender Institution (Scotland) Rules 2011; Part 9. The administration and sale of products (to various entities), manufactured by the Scottish Prison Service (SPS) Industries, is determined by the SPS Financial and Policy Guidance Manual, in accordance with the Public Finance and Accountability (Scotland) Act 2000.
Is the production department itself an independent economic entity with its own tax identification?2. No.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?3. All civilian employees of the SPS are remunerated via a staffing budget.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?4. Reproduction of property is funded from internal SPS budgets. This permits the purchase of raw materials, which allows the prison (where applicable) to manufacture – primarily – timber / engineering / textile products.
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Articles 297 and 298 of the "règlement grand-ducal concernant l’administration et le régime interne des établissements pénitentiaires" (no english version available). One noticeable exception is the “Spidolswäscherei”, a private entity within the prison that employs inmates. It is entirely separated from the prison budget, with its own tax identification, clients, and financing/profits. The inmates working here are, however, paid by the prison budget.
Is the production department itself an independent economic entity with its own tax identification?No.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?All civic employees are remunerated from the general prison budget.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?Not applicable.
In Latvia there is no specific law that regulates prison (prisoner) production and its sale to different consumer groups. Imprisonment places can sign a cooperation agreement with a company. In this agreement it is stated how many prisoners and in what types of jobs they will be employed in imprisonment place facilities. The company can accept orders from the State, orders from businesses that are owned by the State, orders from municipalities, and orders from individuals. In Latvia there has not been a case where an imprisonment place has made an order (for their demand and needs). To receive such an order, the company must participate in a public procurement (tender) in which all applied candidates are evaluated. If the company does receive an order from the previously mentioned institutions, the imprisonment place does not control and organize the completion of the order. The only matter that is controlled by the imprisonment place is the up-keeping of order and lawfulness in the work space.
Is the production department itself an independent economic entity with its own tax identification?In Latvian imprisonment places there is no separate department that is in charge of prison (prisoner) production.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?In all imprisonment places there are monitoring staff that monitors that in every imprisonment place the prisoners keep to their previously set daily agenda and do not carry out unlawful activities. The duties of the monitoring personnel appointed to each shift include monitoring prisoners during their working time as well as the facilities where the prisoners are working, thus, they receive remuneration for the completed work duties. The remuneration is paid from the Latvian Prison Administration budget. No addition remuneration is paid for monitoring the production process, because they are not additional work duties.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?All materials necessary for production are prepared and delivered to the imprisonment place by the company. No resources or production of imprisonment place is used for the commercial production.
Code of Enforcement of Criminal Sanctions of the Republic of Lithuania Law in Public Procurement Civil Code of the Republic of Lithuania The Enterprise has no exceptions on the market, it gets no direct orders neither from state-owned enterprises nor from municipalities but it may participate at the public tenders.
Is the production department itself an independent economic entity with its own tax identification?Yes
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?from the enterprise’s resources
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?reproduction of property is provided by resources of enterprise (turnover funds)
Royal Decission of 13/09/2004 concerning the activities of Belgium Prison Labor contains the legal aspects of the system. It describes Belgium Prison Labor can produce for his own or attrack work from private companies.
Is the production department itself an independent economic entity with its own tax identification?Belgium system of Prison labor is officialy called ‘the control of Prison Labor’. It depends on the Belgium Prison Services (Ministry of Justice). It operates semi-autonomic as it has his own accountancy. It recovers ½ of the tax load.
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?) Civilian personnel are deployed in several prison workshops. Civilian personnel are the collaborators of the external company that outsources work to the prison. They monitor the production on the ‘prison floor’ on behalf of their company. These collaborators are employed by the external company and hence do not come under the DG PI. In principle, our own workshop supervisors monitor the production and the quality. However, civilian personnel are more frequently deployed for: - technically more complex orders; - additional production and quality monitoring; - additional administrative support. - Often, the deployment of civilian personnel is also desirable when large groups of detainees work for the same contractor. The deployment of civilian personnel and the terms (frequency) are always decided by common agreement between the external company, Cellmade and the local direction. In principle, our partners can always monitor the production and the quality on-site. Cellmade facilitates this.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?The profits Cellmade generates from prison labour are reinvested in the prison system. The profits are used to finance e.g. vocational training activities (organized by the partners of the Flemish Community). A part of the profits is also used for well-being projects within the various institutions, e.g. the equipment of sports facilities, the creation of drug-free sections within the prisons, prison cloud, etc.
According to the Imprisonment Act (767/2005, Chapter 8), the prison must arrange work, training or other activities for the prisoners. The Act on the Criminal Sanctions Agency (935/2009, section 10) lays down provisions on the charges and pricing principles regarding goods and services produced by means of prison work: “The products of prison work are subject to a charge. Pricing is based on economic principles. However, the prices can be lowered based on reasons related to the prison administration so that they match the current market prices”. The Act does not only regulate the charges but it also regulates that in practice the arrangements for prison work may also be subsidised from the state budget. A cost- equivalence calculation concerning prison work is included in the financial statement of the Criminal Sanctions Agency and it indicates the magnitude of the government subvention. In practice, the subvention covers the facilities and the wages of the personnel. A) production for the state No particular regulations. Public procurements have to go through a tendering process. The prisons may take part in tendering processes. The Criminal Sanctions Agency and the Finnish Defence Forces have a framework agreement on mutual procurements, which are carried out according to the principle of overall benefit of the state. The state is considered a single procurement organisation. The price setting is open on both sides. At the moment, the framework agreement covers laundry services, garrison furniture, packing of first aid materials, etc. B) production for state-owned enterprises No particular regulations. The aforementioned framework agreement is not possible because, in this case, the state is not the procurement organisation. C) production for municipalities No particular regulations. The prisons may take part in tendering processes. D) production for private entities No particular regulations. Usually private enterprises put their procurements out to tender and the prisons may make an offer. E) production for Prison Service / for its own demand and needs State financial regulations prohibit the use of appropriations on purchases within one budget account. Therefore, the production for the use of the Criminal Sanctions Agency is mostly such that the prison making the products can only get imputed revenue. Many times the procurement is arranged so that the prison buying the product pays for the raw materials.
Is the production department itself an independent economic entity with its own tax identification?No it is not. Prison work activity is part of the prison budget. The Criminal Sanctions Agency has shared business ID for all the prisons. A prison gets the revenue to itself (=net budgeting).
Are civic employees of prisons remunerated from (general prison budget) resources of prison / from the production department’s resources / otherwise?If civic employees refers to the prison staff (such as work supervisors), their wages are paid from the prison budget. The wages of working prisoners are also paid from the prison budget. There are no other employees in the prison workshops.
Is the reproduction of property provided by resources of prison / resources of the production department / otherwise?From the prison budget.
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