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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: Sweden is trying to create a digital system which can measure the time prisoners spend together with other persons (other prisoners, staff or representatives of other organizations) and therefore would like to gather information from other EuroPris member states regarding this matter.
We consider this changes of enviroment a part of the period of isolation. Inmates under isolation have hours of outdoor walks, but this is consider a part of the isolation regime.
Do you have a system for measuring the time the prisoners are considered to be in isolation?According to the previous answer, isolation is measured by days/hours.
If yes, how does that system work (in brief)? Is it digital or analogue?• The Scottish Prison Service’s (SPS) Pandemic Plan is based on advice provided by Health Protection Scotland. Similarly, the specific advice and regime for those held in isolation is agreed by Health Protection Scotland prior to implementation. • A meeting was held on 18 May 2020 to discuss the testing of symptomatic people in custody, attended by SPS, SG, Health Protection Scotland and NHS Public Health Leads, including Directors, Consultants and GPs. The Scottish Human Rights Commission (SHRC) were also in attendance. • All NHS Health Boards have now agreed to test those in custody who are showing signs of COVID-19. Results of tests are being returned within 6 and 48 hours depending on the Health Board administering the test. A person who displays symptoms but tests negative for Covid-19 will therefore spend no longer than 48 hours in isolation. • Following discussions with Health Protection Scotland on 2 June 2020, amendments to the current regime have been agreed. The revised process and regime for those in custody will be: o All symptomatic individuals in the facility should be isolated immediately for 7 days from the date of symptom onset (or date of first positive test if symptom onset is undetermined). o The individual should be placed in a single room with en-suite facilities, where possible. The door should be kept closed. If an in cell shower is not available, they should be allowed to leave the room to undertake personal hygiene. o Anyone held in isolation must be given access to the telephone and outdoor exercise, wearing a mask and maintaining social/physical distancing from others at all times whilst being given the opportunity for meaningful human contact. o SPS has clarified with Health Protection Scotland that those who are confirmed as having Covid-19 will remain in isolation for a minimum of 7 days. If they are asymptomatic after 7 days they can be removed from isolation. o Those who are close contact will be required to stay in isolation for 14 days. o If someone displaying symptoms tests negative they are immediately removed from isolation and this will apply to any close contact of the individual. • SHRC has been party to all discussions. • SPS’ National Coronavirus Response Group has approved the changes. The Pandemic Plan was updated to reflect the revised regime and was implemented immediately. • HMIPS and the Independent Prison Monitors Advisory Group Chair have been informed of the changes to the regime for those held in isolation.
Do you have a system for measuring the time the prisoners are considered to be in isolation?As Q1
If yes, how does that system work (in brief)? Is it digital or analogue?As Q1
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The Law on the Prevention and Control of Communicable Diseases in Humans of the Republic of Lithuania sets forth that the Isolation means separation from others in the vicinity of a person ill with a communicable disease, suspected to be ill, having been exposed to or being a carrier of an agent of disease, in order to avoid the spread of a communicable disease. The example you presented (the prisoner goes from one room to another on his/her own - a change of the environment) would not be considered as a breach of the isolation.
Do you have a system for measuring the time the prisoners are considered to be in isolation?No
If yes, how does that system work (in brief)? Is it digital or analogue?N/a
In the Spanish legal system, according to the Ley Orgánica General Penitenciaria and the Prison Regulations, isolation is understood as one of the disciplinary sanctions foreseen by law for certain types of disruptive behaviours committed by inmates. It is called “isolation in cell” (aislamiento en celda), also known as solitary confinement. It entails placing the inmate in a single-person cell, also known with a restricted time a day for being outdoors. The length established for each case will vary and can go from hours to days depending on the specific case. It cannot last longer than 14 days. The term "breach of isolation" is not applicable.
Do you have a system for measuring the time the prisoners are considered to be in isolation?The time is measured in full hours or days, depending of the lenght established for every specific case.
If yes, how does that system work (in brief)? Is it digital or analogue?n/a
1. The term ‘isolation’ is not defined in the Belgian legislation. Indeed, isolation as such can neither be imposed as a disciplinary measure, nor as an order and safety measure in the Belgian prisons. A detainee can, however, be ordered to stay in his own cell, in a secure unit or in a punishment cell, or he can be segregated into a living unit allocated to him. The aim of these safety and disciplinary measures is to segregate the detainee concerned from the general population, but not to isolate him as such. The Basic Law concerning the prison system and the legal position of detainees provides detailed procedures and conditions regarding the imposition of such measures. Furthermore, there are fixed maximum periods that can only be extended if certain conditions are met. It goes without saying that detainees who are subject to such a measure also retain some fundamental rights. For instance, detainees who are ordered to stay in their own cell or in a security cell, retain the right to participate in the activities offered in the prison and to have contact with the outside world via visits, telephone conversations or exchange of letters, insofar as the exercise of these rights is compatible with the measure or the regime. Detainees who are locked up in a punishment cell for longer than three days and detainees who are segregated into a living unit allocated to them also have the right to have family members visit them in a room equipped with a transparent wall, separating the visitors from the detainees. Moreover, the Basic Law gives the prison warden much leeway to modulate the measures according to the specific situation of the detainee concerned. For instance, a detainee segregated into a living unit allocated to him, normally stays deprived of the right to participate in collective activities, unless the warden allows him to do so for collective training activities or activities related to his worship or philosophy of life. Finally, any detainee, including those subject to a safety or disciplinary measure, always has the right to a lawyer and to medical and psychosocial assistance and is allowed to have a representative of his religion or philosophy of life visit him daily.
Do you have a system for measuring the time the prisoners are considered to be in isolation?No instruments are used to measure the time detainees spend in segregation.
If yes, how does that system work (in brief)? Is it digital or analogue?N/A
Prison as an isolated and controlled environment can be effectively used to implement such activities as resocialisation programmes, treatment for addictions, behaviour correction activities, education and employment that adjusts the personality of the prisoner. According with Section 41 of the Sentence Execution Code of Latvia: Basic provisions of the regime in deprivation of liberty institutions shall be: mandatory isolation and supervision of the convicted persons in order that they do not have an opportunity to commit new criminal offences; precise and unconditional fulfilment of the duties set out for them; and various conditions of the regime depending on the nature of the criminal offence committed by the convicted person, his or her personality and behaviour." According with Section 70 of the Sentence Execution Code of Latvia: For violation of the requirements of the sentence serving regime the following punishments may be imposed on convicted persons: 6) placing convicted persons who are serving sentences in prisons in a punishment isolation cell for a time period up to fifteen days and nights; 7) placing convicted persons who are serving their sentence in juvenile correctional institutions in a disciplinary isolation cell for a time period up to ten days and nights. Women who are in prison with infants and pregnant women shall not be placed in a punishment isolation cell. Only convicted persons who have committed gross or systematic violations of the sentence serving regime may be placed in a punishment isolation cell. However, Section 74 of the Sentence Execution Code of Latvia regulates the Regime in Punishment and Disciplinary Isolation Cells: Convicted persons who are held in punishment or disciplinary isolation cells do not have the right to have visitors, receive consignments, parcels or printed matter, purchase food products, send letters to private individuals and use table games; they are prohibited from smoking and watching TV. Convicted persons who are held in disciplinary isolation cells shall be permitted a one-hour walk each day and correspondence with the family. Convicted persons who are held in punishment isolation cells and are brought work shall work separately from other convicted persons. Convicted persons who are held in disciplinary isolation cells shall be ensured with a possibility to continue the acquisition of education and vocational training. Cabinet Regulation No.423, adopted 30th May 2006 "Internal regulations of imprisonment place" Section 91 states that during the absence of the Head of the prison, the assistant head on duty of the prison can issue orders about convicted person placement in isolation cell for a time period up to 64 hours if the offence of the convicted person can be stopped only by placing the convicted person in a punishment isolation cell or a disciplinary isolation cell. Respectively, convicted persons who have committed gross or systematic violations of the sentence serving regime (breached isolation) in imprisonment place can be applied disciplinary punishment – placed in a punishment isolation cell. Convicted persons who are serving their sentence in juvenile correctional institutions are placed in a disciplinary isolation cell. The goal of this isolation is the progressive execution of the sentence.
Do you have a system for measuring the time the prisoners are considered to be in isolation?As previously stated, the Sentence Execution Code of Latvia states that convicted persons, who are serving their sentence in imprisonment place, can be placed in a punishment isolation cell for a time period up to 15 days and nights; however, convicted persons who are serving their sentence in juvenile correctional institutions, can be placed in a disciplinary isolation cell for a time period up to 10 days and nights. The punishment is applied based on the decision of the Head of the prison after evaluating every individual case. The previously stated information is reflected in the disciplinary proceedings as well as noted in the "Register of convicted persons placed in a punishment (disciplinary) isolation cell".
If yes, how does that system work (in brief)? Is it digital or analogue?Information is noted in written form.
No, we do not have a definition of the term „isolation“.
Do you have a system for measuring the time the prisoners are considered to be in isolation?No.
If yes, how does that system work (in brief)? Is it digital or analogue?-
We do not have or use an “isolation” term in that meaning. a) Broadly speaking a prisoner is isolated from others when he/she is not in his/her free time (which must be at least 4 hours per day) outside his/her cell and is in his/her cell alone. Persons in custody, unlike prisoners, stay in their cell 23 hours. b) More narrowly speaking we have two types of measures where the prisoner is isolated from other persons: 1. as a preventive measure. Additional security measures shall be imposed with regard to a prisoner who regularly violates the requirements of the Imprisonment Act or the internal rules of the prison, damages his or her health or is likely to attempt suicide or escape, and to a prisoner who poses a threat to other persons or security in the prison. Additional security measures may also be imposed for prevention of grave offences. For example, this additional security measure can be restriction of a prisoner's freedom of movement and communication inside the prison or assignment of a prisoner in an isolated locked cell. 2. as a punitive measure. Prisoners are isolated from other persons when they are assigned to a punishment cell due to the violation of the requirements of the Imprisonment Act, internal rules of the prison or other legislation by the prisoner's fault. Such a penalty may last up to 45 twenty-four-hour periods (except young prisoners who can be punished that way up to 20 twenty-four-hour periods). In the case of a serious violation of discipline, the prison service has the right to place the disciplinary offender in a separate cell prior to the termination of disciplinary proceedings. However, even in those isolation cases mentioned above, prisoners can communicate with prison service and pass on, for example, appeals to them. Also, in those isolation cases mentioned above, prisoners can make phone calls if they have previously made a request for it. So, prisoners can communicate with other persons even if they are so to say, isolated from other prisoners.
Do you have a system for measuring the time the prisoners are considered to be in isolation?We do not measure “isolation” broadly speaking.
If yes, how does that system work (in brief)? Is it digital or analogue?Where there are reasonable grounds to believe that a prisoner is infected with SARS-Cov-2, isolation (isolating/quarantining patients in their own rooms) of that prisoner must occur in accordance with any relevant guidance created by Department for Health and Social Care and Public Health Authorities for the relevant circumstances, and in accordance with Rule 45 of the Prison Rules 1999. Prison Rule 45 provides residents with 30 minutes time out of cell daily. A change of environment is not considered a breach of isolation. We have implemented addition controls through the use of ‘household’ groups and cohorting. When potentially infectious prison resident moved between rooms they are advised to wear a mask.
Do you have a system for measuring the time the prisoners are considered to be in isolation?Residents are considered in isolation for 7 days from the onset of symptoms or a positive test indication for asymptomatic cases; or for the period of duration of a fever if that is longer than 7 days. If persons are in contact with a symptomatic case or positive case, the resident is isolated for 14 days (we are not currently testing asymptomatic or pre-symptomatic cases).
If yes, how does that system work (in brief)? Is it digital or analogue?Manual/ Analogue.
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Isolation and its different meanings are all defined in the Finlands Prison Law, definiton is national. A change of the environment is not considered to be a breach of isolation, every inmate has a right for at least 1 hour of exercise-time outside in the courtyard every day. This applies also to inmates in isolation, they just exercise on their own alone. So isolation is not based on the physical surroundings, but it is a status option. In isolation, even when you are outside exercising, you are considered isolated.
Do you have a system for measuring the time the prisoners are considered to be in isolation?The Prisoner-information system which holds and controls all data concerning prisoners in Finland has an inner function that a prisoner has to be transferred digitally into isolation (like housing) and the time is easily counted from that. In the same manner, a prisoner has to be “moved away” from isolation, when he/she is no longer needed to be there. If the isolation is given as an disciplinary punishment for example 3 days, it starts when the prisoner is digitally transferred into the isolation cell (of course physically also) and ends exactly 3 days from the time he/she was put there. So 3 days would be, begin 7.7.2020 at 14.45 and end 10.7.2020 at 14.45.
If yes, how does that system work (in brief)? Is it digital or analogue?Yes and it is analogue. An inner subfunction inside the current main system.
Isolation in the sense of the legal regulations for the penal system means the permanent complete separation or separation from all prisoners during the entire daily routine (working hours, leisure time and rest time). In the sense of the question, a change of room without contacts with fellow prisoners is not a waiver or a violation of isolation.
Do you have a system for measuring the time the prisoners are considered to be in isolation?No.
If yes, how does that system work (in brief)? Is it digital or analogue?./.
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