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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 Directorate General of Prison Services is drafting a new regulation on the application of mechanical restraints for the immobilisation of inmates. The application of immobilisations is foreseen in very restricted cases in which a disruption of the prison safety and order occurs and there is an imminent threat of harm to self or to others. The application of this measure entails the placement of the person in a restraint bed in supine position with the head and body trunk inclined at an angle of 30 to 45 degrees. The restraint bed is located in a cell with CCTV and an intercom system, so that communication between the inmate and the staff is possible at any time. The mechanical fixations to the restraint bed consist of two arms and two legs bands and one waist band. The mechanical restraint protocol establishes that resorting to this measure should only be applied when there is no other less intrusive means to restore safety and only for the minimum time necessary. The protocol also establishes that when the mechanical restraint is applied, the inmate should be intensively and closely supervised by health care staff during the time the fixation lasts. In accordance with our legal framework, the internal regulation that is being currently drafted identifies two different procedures for applying the mechanical fixations measure. On the one hand the mechanical fixation as a health safety measure, that can only be authorised by a medical or health professional (psychiatrist or doctor), and on the other hand, the mechanical fixations as a coercive measure which can only be authorised by the director of the prison.
no
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?Not Applicable
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?Not Applicable
Is this measure foreseen and regulated by any legal instrument or internal protocol?Not Applicable
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?Not Applicable
yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?In regards to self-harm or threat to others use of single rooms with non-tear able clothing and the inmate is checked constantly during his single room stay. As well the Doctor is called to speak with the inmate in question in order to assess the inmate status. In rare times the inmate is striped of all clothing due to his mental state and is on constant watch until the Doctor deem safe to give him back clothing.
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?It depends on the situation.
Is this measure foreseen and regulated by any legal instrument or internal protocol? If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?As above
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yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?In the prisons in Mecklenburg-Western Pomerania are two kinds of restraint implemented. 1. Fixation on a fixation bed (fixation mattress) with fixation straps (7- or 9-point fixation) 2. Fixation on mattress with hand and foot restraints The prison director has to authorise the fixations.
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?The measure may be used only as long as there is an imminent danger that the prisoners will harm themselves or others. This is to be checked daily. There is no time limit. If the measure is maintained for more than three days, the Ministry of Justice must be informed. During the fixation, the prisoners should always be consulted daily by the doctor. During the fixation, a seat guard must be set up with prison staff who constantly and immediately monitor the prisoners.
Is this measure foreseen and regulated by any legal instrument or internal protocol?Yes, there are legal regulations.
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?The prisoners will be accommodated in a specially secured detention room (no objects, forced ventilation and heating, video surveillance, prior surveillance and detention of the detainees). Only when this is not sufficient to rule out the risk to oneself, the prisoners are fixed. There are no alternative measures for fixation.
yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?Nil
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span? Is this measure foreseen and regulated by any legal instrument or internal protocol? If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?We use a system called Fastrap a “soft” restraint system, which consists of a pair of “Velcro®“ straps, which can be used to control the legs or arms to assist in the control and protection of potentially or actually violent or disturbed subjects.
no
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?N/A
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?N/A
Is this measure foreseen and regulated by any legal instrument or internal protocol?N/A
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?N/A
no
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?-
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?-
Is this measure foreseen and regulated by any legal instrument or internal protocol?-
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?Prison officers in cases where a prisoner poses a serious threat to himself or to others can use on of the special means set in section 2 of the Cabinet of Ministers Regulation No. 283 "The order in which the Prison Administration official with a special service rank can use special means" (09.06.2015.).
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?If the inmate does not control his/her action, according to law shackling straps may be used (fixation of arms, legs and trunk on the bed) or alternatively the placement the inmate in a compensation room. The prison governor or authorized prison officers by him shall decide on the use of the shackling straps.
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?The use of the shackling straps is limited to the time necessarily needed for performance of the service action, respectively until the person continues in action or behavior on the basis of which the shackling straps were used. Shackled person shall be under physical control of the prison officer during the whole time of the use of the shackling straps. While using shackling straps, prison officer shall keep a watch on not to interrupt a blood circulation of the shackled person. In the case a health state of person requires that during or after the use of coercive means there is present a health care staff.
Is this measure foreseen and regulated by any legal instrument or internal protocol?The use of shackling straps is regulated by the Act No. 4/2001 Coll. on the Corps of Prison and Court Guard.
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?Placement of accused or convict in compensation room serves as more human and effective alternative to the use of shackling straps. Compensation room is a room specially conditioned in order the accused or convict cannot harm his/her health (walls are secured by soft and easily cleanable material that is resisted against mechanical damage within the ceiling height; all edges and corners are usually rounded and secured by soft material). Physical control that is necessary during the whole time of the use of shackling straps, is replaced by noncontact monitoring of the person via security camera or thought space in door while placement in the compensation room. Person placed in the compensation room is provided with professional intervention (psychologist, doctor, psychiatrist) immediately after end of the signs of uncontrolled behavior or after the establishment of verbal contact, where necessary and subsequently the person is ordinary placed in the cell or room, alternatively in the special unit. The time of placement in compensation room shall not exceed more than 8 hours. Only in extraordinary cases, especially when uncontrollable action repeats in spite of the use of professional intervention, the placement can last longer but maximum of 24 hours.
yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?The application of this measure entails the placement of the person in a restraint bed in supine position with the head and body trunk inclined at an angle of 30 to 45 degrees. The mechanical fixations to the restraint bed consist of two arms and two legs bands and one waist band. There are two different procedures for applying the mechanical fixations measure. On the one hand the mechanical fixation as a health safety measure, that can only be authorised by a medical or health professional (psychiatrist or doctor), and on the other hand, the mechanical fixations as a coercive measure which can only be authorised by the director of the prison.
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?This measure is applied for the minimum time necessary. The protocol establishes that when the mechanical restraint is applied, the inmate should be intensively and closely supervised by health care staff during the time the fixation lasts. The restraint bed is located in a cell with CCTV and an intercom system, so that communication between the inmate and the staff is possible at any time.
Is this measure foreseen and regulated by any legal instrument or internal protocol?Yes, the measure of mechanical restraint fixation is regulated by an internal regulation approved by the Directorate General of Prison Services of Catalonia.
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?We do use mechanical restraint fixations for the immobilisation of inmates when there is no other less intrusive means to restore safety. This system is being used in very restricted cases in which a disruption of the prison safety and order occurs and there is an imminent threat of harm to self or to others.
no
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?Not in prisons. (This may occur in the Psychiatric Prison Hospital, but it operates under the Ministry of Social Affairs and Health, and the legislative base for the restraint in this case is the Mental Health Decree not the Imprisonment Act.)
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?n/a
Is this measure foreseen and regulated by any legal instrument or internal protocol?n/a
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?In urgent cases handcuffs, plastic restraints made for tying down people or control-belts may be used momentarily during the prisoner’s transportation for example to an isolation cell or to the psychiatric hospital depending on the situation.
yes
If you apply this measure, which kind of restraint do you implement and who has to authorise it (prison director, doctor, health staff, senior prison manager…)?Most used measures are joint anklets, handcuffs and wristbands conncted with a belt around the waist. The governor has to give his/her approval and has to inform the doctor associated with the location and the supervisory committee.
For how long this measure is applied to the inmate? How is the inmate’s health condition being monitored during this time span?This measure is applied for a maximum of 24 hours - extension is possible for 24 hours. The inmate's health condition is monitored by the doctor/medical staff associated with the location and by camerasurveillance in the cell.
Is this measure foreseen and regulated by any legal instrument or internal protocol?Yes, by the Penitentiary Institutions Act and a Ministerial ruling
If you do not resort to this measure, which system or method do you use to address to address a situation where an inmate poses severe and imminent threat for others or for himself in order to restore safety?(Threaten with) the use of violence in accordance with violence regulations.