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Introduction: In Hungarian criminal justice, verdicts issued by the judges against offenders not only include the length of time to be served within prison, but they also determine the security level of the prison in which the imposed sentence would be carried out. It is quite difficult to properly translate these 3 levels to English without losing some of their original meaning of, but they are „fogház” (lightest regime with the least amount of limitations and security measures AKA minimum security), „börtön” (an intermediate – and most frequent – level regime with a certain degree of control, strictness and intermediate security measures AKA medium security) and „fegyház” (the strictest regime level reserved for certain high-profile offenders, multiple violent recidivists and other delinquents of high threat level requiring strict and direct control and supervision coupled with more severe security measures AKA maximum security). As mentioned, the conditions for these levels are provided for by the Hungarian Prison Service, but it is not the prison service that assigns convicts into one of these, but the court responsible for the criminal proceedings. This means that the service’s influence over the placement of a given convict is in a way limited by the decision made by the court. There are sub-categories that may be assigned and used during serving a sentence, but the original placement designation remains the foundation for these
Yes, indeed. Spanish Prison Rules allow three levels of imprisonment that take into consideration the nature of the crime and other contributing factors. Such categorization is made by the Treatment Joints at each prison, approved by the General Secretariat of Penitentiary Institutions and involves different levels of security and monitoring. These three levels are: isolation or "first degree", for highly dangerous offenders; second regime or ordinary regime, for common offenders; and open-regime, for those with possibilities of reintegration into society.If yes, who decides on their assignment? The court or the service?
The assignment is decided by the Treatment Joint, at each prison, after assessing the individual on several factors. Psychologists, jurists, educators and social workers have a key role in this process. It is not the Sentencing Court that decides such assignment, but the prison service.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
The placement of convicts is always decided by the General Secretariat of Penitentiary Institutions. It is worth mentioning the existence of the Surveillance Judge, in charge of controlling some prison measures and actions. However, placement inside prison and prison where the sentence is to be served, are decisions made by the Prison Administration, fully in accordance to the Spanish Prison Law.
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Yes, The Prision and Probation Service in Denmark uses categories that classify prisoners based on the nature of the crime and other factors as well.If yes, who decides on their assignment? The court or the service?
The Prison and Probation serviceDoes the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
The Prison and Probation Service decides the placement. In some cases the court state recommendations but the service is not obliged to follow the recommendations.
Every prisoner must be assigned a supervision level. The supervision levels which may be assigned to a prisoner: (a) relate to the amount of supervision the prisoner requires within the prison; and (b) do not relate to the assessment of the risk that the prisoner may abscond or pose a danger to the public while on temporary release from the prison. The supervision level which may be assigned to a prisoner is set out below: • High Supervision: A prisoner for whom all activities and movements require to be authorised, supervised and monitored by an officer. • Medium Supervision: A prisoner for whom activities and movements are subject to limited supervision and restrictions. • Low Supervision: A prisoner for whom activities and movements are subject to minimum supervision and restrictions, and who may be given the opportunity to participate in supervised or unsupervised activities in the community. The supervision level of prisoners must be reviewed in accordance with the provisions of the Prison Rules for all prisoners, within 72 hours of reception. The prisoner must be assigned the appropriate supervision level having regard, so far as applicable, to the following criteria: (a) the seriousness of the offence for which the prisoner has been convicted; (b) the prisoner’s previous convictions; (c) any outstanding charges; (d) the length of time that the prisoner has spent in custody; (e) the prisoner’s conduct in custody; (f) the prisoner’s trustworthiness and stability; and (g) any other criteria as may be specified in a direction made by the Scottish Ministers for the purposes of this rule. An untried prisoner must be assigned a supervision level no lower than medium supervision level.If yes, who decides on their assignment? The court or the service?
Supervision levels are set by the Scottish Prison Service.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
Yes, the prison service use categories for the classification of inmates. The main categories are the length of the sentence, the type of crime, the security level, the need of treatment (educational, special treatments for sexual and/or violent offenders and/or drug/alcohol abusers, medical care, etc.) but also – if possible – the closeness to the social environment - and at the end of a sentence the place of release (official address). In Austria, there are 3 high security prisons, to which mainly inmates who received long sentences (normally 6-7 years - lifelong sentences) and/or committed special offences (murder, terrorism, violent crimes and sexual offences, etc.) as well as inmates with special treatments and needs (mental, medical, psychotherapeutic treatments) and/or inmates with problematic behaviour (e.g. in other prisons before) are sent to. Beside this, there are 4 prisons for moderate security (sentences about 2-7 years) as well as one prison only for female inmates (all security levels) and one prison for juvenile inmates (all security levels). These 4 prisons of moderate security have different focuses on treatment (e.g. education, special treatment for sexual offenders, elderly inmates, etc.). The special treatment for mentally disturbed lawbreakers (“Maßnahmenvollzug”) is organised in different specialised prisons as well as in the – 3 prisons mentioned above – high security prisons. The prisons for imprisonment on remand (“Gerichtliche Gefangenenhäuser”) are responsible generally for sentences not higher than 18 months. Most of the prisons have different security levels inside the prisons as well as special departments for loosen execution or even half-way houses. The decision in which department of a prison the inmate will stay is the responsibility of the head of the prison.If yes, who decides on their assignment? The court or the service?
In Austria, the Directorate General for Correctional Services within the Federal Ministry of Justice is generally responsible for all decisions of placement and in which prison an inmate serves its sentence.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
Level of risk decides. Crime and other relevant factors such as e.g. behaviour are taken into account when deciding level of risk.If yes, who decides on their assignment? The court or the service?
The service decides.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
Inmates serve custodial sentences in open prison colonies, correctional houses and prisons. Before 1 July 2020 the court used to assign inmates to detention places based on the nature of the crime committed, prior convictions, etc. The amendments to the Penitentiary Code (in force since 1 July 2020) stipulate, that inmates are assigned to detention places based on the nature of the crime committed and duration of the sentence.If yes, who decides on their assignment? The court or the service?
The types of correctional facilities are set forth in the Penitentiary Code. Prison service assigns inmates to a particular detention place based on the nature of the crime committed and duration of the sentence.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
No longer since 1 July 2020
GENERAL ANSWER TO THE QUESTIONS TYPES OF PENITENTIARY INSITUTIONS We distinguish between remand houses, prisons and facilities for persistent offenders (ISD-facilities). A. In remand houses mainly people are detained who are awaiting their trial at first instance. Besides this group, amongst others, people are detained here who need to be placed in an ISD-facility under an ISD-order and who are waiting for an available place there and people who need to be detained under a hospital order in a forensic psychiatric clinic (TBS-clinic) as long as the hospital order is not irrevocable ánd if they are not convicted to an accompanying prison sentence. B. Prisons are meant for people who have been trialed and convicted (whether or not convicted on appeal). C. Facilities for persistent offenders (ISD-facilities) are meant for people who are convicted to an ISD-order. This measure in general lasts for two years, starting immediately after the convicition. There are different types of prisons (or wards), determined by the level of security and the regime. LEVEL OF SECURITY: A. Very low security – ‘open’ facilities/wards where detainees with a prison sentence work in or outside the grounds during the day and are given weekend leave every week. People are placed here under the following conditions: - If the risk of escaping or for society is negligible. - Who have been sentenced to at least 6 months in prison. - At the moment of conviction (whether or not on appeal) have served at least half of their sentence. - The rest of their sentence should be at least 6 weeks and no more than 6 months. - They should have an acceptable address to stay during their leave. - Who have been promoted. We have a system of promotion and degradation in which good behaviour is rewarded with for instance extra hours outside of the cell. Vice versa, bad behaviour can leed to - amongst other things - less hours outside the cell. B. Low security – ‘semi-open’ facilities/wards where detainees with a prison sentence are given weekend leave every four weeks. People are placed here under the following conditions: - If the risk of escaping or for society is limited. - The rest of their sentence should be no more than 18 months. - They should have an acceptable address to stay during their leave. - Who have been promoted. C. Normal security – standard closed facilities/wards. Here detainees are placed who don’t qualify to be placed in facilities/wards with another level of security. D. Comprehensive security – facilities/wards for detainees with an increased risk of escaping or risk to society (e.g. the national departments for detainees who are difficult to keep in control). E. Dispersal facility – closed facilities for detainees with an extreme risk of escape or risk to society, e.g. the Dispersal Prison in Vught. The following people are placed here: - The risk of escaping is extremely high and there’s an unacceptable risk to society, in terms of the danger of recidivism of crimes of severe violence, or: - In case of an escape they form an unacceptable risk to society, in such a way, that the risk of escaping itself is inferior to this. DIFFERENT REGIMES General Community Regime: This regime is meant for convicted (whether or not convicted on appeal) detainees who are placed in a (very) low security facility. Limited Community Regime: This regime is meant for detainees who: a. have been promoted; b. take part in the basic program (i.e. the daily program offered in a facility), or c. for whom placement in one of the other regimes is not indicated. Limited Community Regime with extra security: This regime is meant for detainees who are placed in a dispersal facility Individual regime: This regime is meant for detainees who because of: 1. their personality, 2. behaviour, 3. other personal circumstances, 4. the nature of the crime they have committed/suspected of committing, might cause a serious control risk/danger to themselves or others. Because of this they are not able or incapable to stay and function in a regime of general nor limited community. PLACEMENT OF DETAINEES Placement of detainees in a type of prison is regulated by law and regulations: the Penitentiary Principles Act (PPA) and the Regulations on the Selection, Placement and Transfer of Detainees. At the head office of the Custodial Institutions Agency selection officers are working. They are appointed by the Minister. They take the decision to place or relocate detainees. This happens in accordance with what is mentioned above (and which is according to the law). Besides this, information/directions delivered by the Public Prosecution Service and the authorities who have imposed the sentence/measure are taken into account. Besides this, the way a person is/behaves, can also influence the decision of where someone is placed. If someone can be placed in more than one type of facility/ward, the imposed sentence/measure will be caried out as much as possible in such a way - also taking into account the detainees behaviour – that it is serving the preparations of the return to society. When more liberties are given, the safety of society as well as the interests of victims and their next of kin are taken into account. Besides this the behaviour of a detainee influences the decision to place or relocate. If a selection officer wants to deviate from these criteria, he/she informs the Public Prosecution or the authority responsible for the sentence/measure about this in writing and with a motivation. Criteria that are applicable here: A. For the first placement of a detainee the selection officer makes a risk profile B. For the risk profile the following information/indicators are looked at: 1. the characteristics and background of the committed crime that the detainee is suspected of or convicted for. 2. information about a possible earlier detention in the Netherlands or abroad, and 3. possible other information, amongst other data the data of GRIP (Police Investigations Information Point on Detainees). GRIP is part of the National Police and a central information point for the Public Prosecution, the Police and the Custodial Institutions Agency. They gather information of especially detainees with a high risk of escaping or who are a possible threat to society. C. Directions given by the Public Prosecution Service and the authorities who have imposed the sentence or measure make part of the risk profile that the selection officer makes. D. The selection officer places a detainee, if possible, in a facility/ward that is indicated by the risk profile of the detainee. E. If the regime or special care facility that is indicated for the detainee is not offered in a facility/ward with the indicated security level, the selection officer places the detainee in a facility/ward with a higher security level. The detainee has the right to file an official complaint against the decision to place/relocate him/her. The complaint should include the reasons for the complaint. After a decision is made about the complaint by the selection officer, it is possible for the detainee to appeal to this decision at an Appeals Committee, which can be seen as an independent judge. A prison director can also request a selection officer the transfer of a detainee to another prison.If yes, who decides on their assignment? The court or the service?
See the answer to the first question.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
See the answer to the first question.
NIPS manage all prisoners based on a number of factors including Risk Assessments, Threat Assessments, behaviours and compliance with agreed sentence plans.If yes, who decides on their assignment? The court or the service?
NIPS is responsible for all aspects of security and regimes applied to prisoners.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
The influence of the court is restricted to the determination of the decision of imprisonment. The placement of prisoners is the responsibility of NIPS.
According to our current legislation in the Penal Code, the prison sentence is served in three types of prisons (prisons with minimum, medium and maximum security level). The court, according to the provisions of the Penal Code and Code of Criminal Procedure, decides on the classification of prisoners to the individual types of prisons (security differentiation) as a part of the decision making on the guilt and punishment. Generally, the courts classify the prisoners to the types of prisons only on the basis of the criminal criteria (recidivism and seriousness of the offence). Likewise, the court decides on any re-classification to other type of prison during the prison sentence execution. Based on the repeated recommendations of the CPT committee, we are currently considering the possibilities of legislative changes the introduction of which would mean a shift of the individualisation of the prison execution way (the classification of prisoners to the above stated types of prisons) to the period after the prison entry (not at the stage of the conviction) and based on the individual assessment of the security risk of the prisoner by the prison service (the risk of escape or violence).If yes, who decides on their assignment? The court or the service?
See the answer above.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
General Directorate of the Corps of Prison and Court Guard decides on the placement of the prisoner to the particular prison. However, when determining about the placement, the court differentiation designated in the judgement is the primary basis (a prisoner tow whom the court designates the prison sentence execution in the minimum security level can be placed only to a prison that is profiled for the execution of such sentence).
An assessment centre allocates prisoners to closed and open prisons, based on their criminal history, behavior in prison, influence on other prisoners etc. In closed prisons there are wards with different levels of supervision. The prisons are classified as open and closed prisons. The prisoners are not classified.If yes, who decides on their assignment? The court or the service?
The assessment centre makes decisions of allocation prisoners to different prisons. The prison is responsible for the placement in wards of different kinds of supervision.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
The court may condemn community service, supervision penalty, conditional or unconditional imprisonment. When the sentence is unconditional imprisonment, the assessment centre is responsible for placing the convict to a prison, according to individually constructed sentence plan.
In accordance with Section 13.1 of the Sentence Execution Code of Latvia (hereinafter – Code), the placement of convicted persons in a specific prison shall be determined by the head of the Latvian Prison Administration taking into account medical, security and crime prevention criteria. The decision of the head of the Latvian Prison Administration on placing a convicted person in a prison may not be contested and appealed.If yes, who decides on their assignment? The court or the service?
The allocation of convicted persons in prison is determined by Section 13.2 of the Code, i.e., the committee for the allocation of convicted persons established by the order of the head of a prison shall determine in which part, unit and cell of the prison the convicted person shall be placed, considering vacant places in cells, psychological compatibility, health conditions, attitude towards smoking, prior criminal record of the convicted persons. A convicted person who has helped to uncover a crime committed by another person and to whom a court has reduced the punishment specified in the judgment shall be held separately from other convicted persons if so requested by such person. If the convicted person is a judge, a person belonging to the judicial system, an employee, former employee of an investigative institution, an institution for the execution of criminal sentences, a State authority performing operational activities, municipal police or another State authority involved in ensuring national and public safety, their spouse or a first-degree relative, he or she shall be held separately from other convicted persons. The decision taken by the committee for the allocation of convicted persons on the allocation of convicted persons may not be contested and appealed.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
Taking into account the above mentioned, the court has no influence on the placement of the convicts.
In Slovenian prison service we do not use categories that classify prisoners based on the nature of the crime committed and / or other contributing factors (e.g. behaviour, threat level, previous offences etc.). We need to follow the Instructions on the placement and sending of sentenced persons to serve prison sentences that bases categories according to the length of sentence.If yes, who decides on their assignment? The court or the service?
In the case of our Instructions the court decides on their assignment. Decision on the placement of the convict into open, semi-open or closed regime inside one facility could be also performed by the service. This decision is based on the individual sentence plan.Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?
According to our Instructions the court have influence of the convict.
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Security Categorisation is currently covered under the new Policy Framework attached published in February 2020 (enclosed) and an individual’s categorisation is based on a number of elements. On initial categorisation an initial assessment is completed by the POM (Prison Offender Manager) to determine the security category of the individual and there are 4 categories available for adult men: Category D (Adult Men), and Open (Young Adults): Offenders who are either assessed as presenting a low risk or whose previously identified risk factors are now assessed as manageable in low security conditions. Category C (Adult Men): Offenders who are assessed as requiring standard closed conditions, and do not need additional security. Category B (Adult Men): Offenders whose assessed risks require that they are held in the closed estate and who need security measures additional to those in a standard closed prison. Category A (Adult Men), and restricted status (Young Adults): Offenders whose escape would be highly dangerous to the public, or the police or the security of the State, and for whom the aim must be to make escape impossible. Closed (Young Adults): Offenders assessed as requiring standard closed conditions, and are not appropriate for open conditions The adult and young adult (under 21) estate are managed separately and young adults are categorised as either open or closed (please see above). It is not the decision of the courts or sentencing to determine the categorisation of the individual – it is down to the initial receiving establishment to determine the risk that the individual poses and to allocate accordingly. This decision is then reviewed regularly – if he has less than 3yrs to serve to earliest release, then it reviewed every 6months and if he has longer to serve then annually. His categorisation can be reviewed if his risk changes at any time. For example if his risk increases (assaults someone, murders someone, sets fires etc.) then this would trigger an early review of his categorisation but also on the flip side of this if his risk reduces (by completing offence related harm minimisation work) then he could be reviewed with a view to a lower category being considered. The courts have no part in determining the categorisation or allocation of individuals – this is purely down to individual establishments.If yes, who decides on their assignment? The court or the service? Does the court involved in a given proceeding have any influence on the placement of the convicts whatsoever?