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In the Albanian penitentiary system the rewards of the inmates is done according to the article 59 and 60 of the law no. 8328, dated 16.4.1998 no. On rights and treatment of convicts and pre-trial detainees, as presented below. Article 59 Rewarding leaves The convicts, who respect the rules of discipline and internal regulations of the institution, who are motivated to participate in rehabilitation and reintegration programs and do not constitute social threats, have the right to take leave rewarding, but not more than 20 days a year. Every time rewarding leave is granted to juvenile convicts its duration cannot exceed 20 days, and the total number cannot be more than 45 days a year. Rewarding leave is granted to: a) persons convicted with up to 3 years of imprisonment, after they have served not less that ¼ of the sentence; b) persons convicted from 3 to 10 years of imprisonment, after they have served not less than ½ of the sentence; c) persons convicted with more than 10 years of imprisonment, after they have served not less than 5 years of the sentence. Rewarding leave in prisons or high security sections is granted only by order of the Minister of Justice or with his authorization by the Director General of Prisons. Within 7 days of receiving the request for the leave, the institution where the sentence is carried approves rewarding leave. The grant of permission is determined according to a schedule approved by the director at the beginning of the year. In case of refusal of granting the rewarding leave, the convicted person or his legal representative has the right to appeal to the Minister of Justice, as set forth in the Administrative Procedure Code within 5 days and then has the right to appeal in court, which decides on the application for the rewarding leave. Rewarding leave procedures are determined by instruction of the Minister of Justice. Article 60 Special leaves The director of the institution may grant convicts and pre-trial detainees special leave in case of serious diseases which risk the life of family members, certified by a medical certificate, or important family events, such as death, childbirth or marriages. This period shall be included within the time period of serving the sentence and in the case of the exams of detainees. Special leave is granted up to 48 hours and upon request by the inmate, it may be prolongated the other 24 hours, in view of the legal documentation presented in the institution for as long as circumstances allow. In case the director of the institution refuses to grant the leave, the inmate may file a complaint at the court, which shall render a decision on the issuance of the leave. The granting of special leave shall be communicated immediately to the State Police structures where the convict will stay.What are the ways to grant the visit rights in your prison system?
In the Albanian penitentiary the visits of the inmates is done according to the article 41 of the law no. 8328, dated 16.4.1998 no. “On rights and treatment of convicts and pre-trial detainees”, as presented below. Article 41 Meetings, visits, correspondence and information Pre-trial detainees and the convicts and shall be allowed to receive visits and have correspondence with family members and other persons. Visits shall occur in separate places under the visual but not audible control by the supervisory personnel. Visits of family members shall have priority. If organization of institution provides for this, the inmates can stay with their family members beyond the foreseen time limit. Visits can occur in reserved places, in accordance with the standing rules of prisons. Penitentiary Institutions enables confidential meetings of pre-trial detainees and convicts by members of the supervisory committee, defender selected or appointed lawyer, representatives of international organizations, representatives of NGOs, local or foreign, operating in the field of human rights, children, women, and youth, with which the Directorate General of Prisons has signed cooperation agreements. For juvenile pre-trial detainees and convicts apply a favorable treatment for telephone correspondence and meetings with relatives. Administration of institution makes available to the pre-trial detainees and convicts, not having the resources, the necessary means for correspondence. Telephone correspondence may be authorized for keeping contact with the family members and in specific cases with third parties. Inmates shall be allowed to keep newspapers, magazines and books which are freely available outside and make use of other permitted information means. Upon the request of the prosecutor, the court shall, in cases provided for by law, allow the control of correspondence of inmates. The control may be done by the director of institution or persons authorized by him at the presence of prosecutor. The request of prosecution suspends the delivery of the correspondence.Special Remarks or Comments
Real Decreto 190/1996, de 9 de febrero Reglamento Penitenciario Penitentiary benefits Article 202. Concept and types. 1. For the purposes of this Regulation, prison benefits by measures that enable the reduction of the length of the sentence imposed by a final judgment or the effective time of internment. 2. They are, therefore, prison benefits the advancement of conditional release (art 203) and the special pardon (art 205). Article 203. Purpose. Prison benefits meet the requirements of the individualization of punishment in response to the occurrence of positive factors in the evolution of the inmate, aiming to achieve their rehabilitation and social reintegration as the main purpose of imprisonment. Article 263. Reward. The acts that demonstrate good behavior, work ethic and sense of responsibility for the behavior of inmates and positive participation in partnership activities regulatory or other to be organized in the establishment will be stimulated with some of the following rewards: Special communications and additional extraordinary. Scholarships, donating books and other instruments of participation in cultural and recreational activities of the Centre. Priority scheduled for participation in cultural activities outputs. Reductions of sanctions. Cash prizes. Meritorious notes. Any other rewards of similar nature, compatible with the statutory provisions. Article 154, regular permits. 1. May be awarded, following a mandatory report of the Technical Team, ordinary exit permits up to seven-day as a way of preparation for life in freedom, to a total of thirty-six to forty-eight days per year to convicted ranked second or third degree respectively, once they have extinguished a quarter of the sentence or sentences and do not observe misconduct. 2. The annual ceilings thirty six and forty-eight days of aforementioned permits were distributed, as a rule, in both natural semesters each year, giving each one to eighteen and twenty-four days, respectively. 3. Within the limits indicated will not be counted the weekend leaves of inmates in open regime as well as the programmed leaves regulated in Article 114 of this Regulation, or the special permits regulated in the following article. Article 155. extraordinary permissions In case of death or serious illness of parents, spouse, children, siblings and others closely linked to inmates or birthing of the spouse or person with whom the inmate is found tied by a similar relationship of affection, as well as important and proven reasons of a similar nature are granted, with appropriate security unless exceptional circumstances prevent this. Circular 1/99 General Management and Evaluation System on Continuing Motivation (SAM) establish as a system of continuous assessment and individually adapted to the evolution of the inmates into prison, as well as personal and social surrounding. This focus on individual programs of treatment, in the case of prisoners, and individual models of intervention in the case of prevention. This system should take into account the effect of proposed rewards art of Rp 263 and the proposed benefits of prison art 202.2.What are the ways to grant the visit rights in your prison system?
Communications and visits This matter is regulated in Chapter VIII - "Communications and visits" - Title II of the General Penitentiary Act (LOGP) - "Prison regime" - arts.51 LOGP 53; and Chapter IV - "Relationships with the outside" - the general organization -from Tít.II RP, arts.41 to 51, which contains two sections: • Communications and Visits • Receiving packages and commissions Having completed these provisions with other provisions of the regulatory text, specifically the provisions of the RP arts 216 and 217 regarding communications with relatives of seriously ill inmates and visitors in hospitals outside of prison center’s. Keep in mind that in accordance with art.51 of the LOGP, the art.41 stipulates that "inmates have the right to communicate periodically, orally and in writing in their own language, with their family, friends and representatives accredited bodies and institutions in cooperation with prison, except in cases of judicial detention. And that "in accordance with the provisions of art.51 LOGP, these communications will be held in a way that respects the privacy and will have no restrictions regarding people and the way that those imposed for reasons of: • Security • Treatment interest • and good order of the establishement. » And "All inmates are entitled to immediately notify his family and his lawyer their entrance at prison and his transfer to another establishment at the time of admission.Special Remarks or Comments
Depending on their behaviour and the level of achievement of individual sentence plan (but also depending on the risk level) prisoners can gain internal or external benefits (home-leaves) or/and they can be transferred to more loosened regime. The Law on the Enforcement of the Prison Sentence The concept and content of benefits Article 129 (1) Benefits are a set of encouraging measures aimed at reduction of detrimental effects of custody and encouraging individual's participation in implementation of individual sentence plan to achieve the purpose of enforcement of the prison sentence. (2) Benefits are consisted of: (3) Regular benefits shall comprise the following: 1. Alleviating conditions within prison or penitentiary, 3. More frequent contacts with the outside world. Types of benefits Article 130 (1) Benefits of alleviating conditions within prison or penitentiary are the following: 1. Use of private television set, 2. Individual preparation of food and beverages, 3. Arrangement of living environment with personal things, 4. More frequent receiving packages and an enhanced permissible weight of packages, 5. Free use of certain amount of money deposited within prison or penitentiary, 6. Awards consisting of money or things. 7. Unlocking of the room where inmate is accommodated, 8. Extended stay in common premises 9. Extended stay in open air. 10. Annual leave or part of annual leave in semi-open or open ward of the same prison or penitentiary, 11. Relocation to a ward with more lenient conditions of serving sentence within the same prison or penitentiary, (2) Benefits of more frequent contacts with the outside world are the following: 1. More frequent and longer visits of family members and third persons, either supervised or not supervised, within prison or penitentiary, 2. Telephone conversations without supervision, 3. Stay with a spouse in a separate room without supervision, 4. Leave from prison or penitentiary for participation in the rehabilitation program in community 5. Leave from prison or penitentiary with a visitor in a place of seat of the prison/penitentiary, or other place in length between two and eight hours, 6. Leave from prison or penitentiary without a visitor in a place of seat of the prison/penitentiary, or other place in length between two and four hours, 7. Leave from prison or penitentiary to a prisoner's place of residence or other place, or leave to visit family members or other person, in total duration of 120 hours monthly, and in month of public holidays in total duration of 144 hours monthly. 8. Annual leave or part of annual leave in a place of prisoner's residence, or in other place.What are the ways to grant the visit rights in your prison system?
According to the Law each prisoner has a right to a visit from a member of his/her family two times a month plus on holiday lasting one hour, and to a visit from his/her child (under 18 years old) once each week plus on holiday. Director of prison/penitentiary is authorized to approve visit of third person. Additional visits or visits in extended time are prisoners' benefits. There is also a possibility for prisoner to have visits from his/her spouse in special room Any physical contact is allowed during these visits and there is no supervision during this time. These visits are not the right of prisoner, but also his/her benefit. The Law on the Enforcement of the Prison Sentence Visits to inmates Article 117 (1) Prisoner have the right to receive visits by family members two times a month and on holidays for at least one hour. (2) Minor children may visit their parents who are prisoners every week and on holidays. Minor children under 14 years of age shall visit inmates in the company of an adult from Paragraph 1 of this Article or of a custodian. (3) Prison or penitentiary shall, as much as they are able to, arrange special premises for visits of children specified in Paragraph 2 of this Article. (4) On approval of prison director prisoner can receive visits by other persons. (5) The number of visitors may be restricted to the number which guarantees their security. (6) Visit may be interrupted if visitor or prisoner, after having been warned, repeatedly violate the provisions of this Law or of other regulations enacted in pursuance thereof. (7) Visitor who is attorney, state’s attorney or public notary may hand over to prisoner files or documents related to his/her cases. (8) Visitor must identify him/herself. (9) Prisons or penitentiaries keep records of visitors. The records contain personal data about the visitor and the date of the visit. Denial of visits Article 118 (1) Prison director may deny visits for reasons of security. (2) In the case of abuse, prison director may deny a visit by an attorney who represents the prisoner in criminal matters, and the prison director shall notify the inmate thereof. (3) Prison director shall send a reasoned decision on denial of visit of persons specified in Paragraph 2 of this Article to the prisoner. Prisoner have the right to appeal to the enforcement judge within 24 hours. Appeal shall not postpone the execution of the decision. Monitoring of visits Article 119 (1) Visits can be monitored for reasons of security. Visitor shall be notified that visit is monitored. (2) Attorney's visits shall not be monitored. Search of visitors and objects Article 120 (1) In prisons or penitentiaries search of visitors and objects can be performed. (2) In case of suspicion that a person intends to bring prohibited things to prison or penitentiary a detailed body search of visitor shall be performed. (3) Body search of visitors shall be performed by an responsible official of the visitor's sex. Visits of consular and diplomatic representatives Article 123 Consular and diplomatic representatives of foreign states may visit inmates - citizens of their country subject to reciprocity.Special Remarks or Comments
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In general, the Danish prison system does not operate with rewarding the inmates while serving a prison sentence. According to art. 9 of the Occupation Order supplements may be given in the following cases: Art. 9 After four weeks of occupation at the same place of occupation, institutions may pay out an hourly stability supplement, see section 27 of this Order, provided that the relevant inmate’s work performance is satisfactory and that he has been a stable worker. (2) Inmates who satisfy the conditions of subsection (1) hereof may be granted an hourly qualification supplement, see section 27 of this Order, after further eight weeks of occupation at the same place of occupation. A concrete assessment of the relevant inmate’s work qualifications is required to grant such supplement. (3) Inmates who have learned a trade and are occupied within their trade may receive a qualification supplement from the beginning of their occupation regardless of the requirement of 12 weeks of occupation stipulated in subsection (2) hereof. According to art. 40 a of the Danish Penal Code particular efforts not to commit new crime through participating in treatment programs, education, work training, work etc. may be included in decisions regarding early probation.What are the ways to grant the visit rights in your prison system?
Inmates serving a sentence of imprisonment or in safe custody have a right to visits. As far as possible, visiting rooms must be furnished in a manner to create a natural and friendly atmosphere for visits. Where conditions in the institution make it justifiable, it may be permitted: (i) that inmates receive visitors in their own rooms; and (ii) that inmates receive visitors in the common areas of the institution. In closed prisons visits typically take place in visiting rooms. Visits are normally not supervised, but it may be decided that visits must be supervised by staff of the institution if found necessary for reasons of order or security in the individual case. In certain institutions visits may take place through a glass window. The inmate can choose this option as an alternative to supervised visit or refusal of visit. However, this option is not used very often by the inmates.Special Remarks or Comments
Every prison in England and Wales operates an Incentives and Earned Privileges (IEP) scheme, which must be compliant with the national policy framework. It is through IEP that prisoners can earn access to a range of privileges (e.g. the opportunity to have a greater variety of items in-cell; access to in-cell television; access to private cash; eligibility to earn higher rates of pay, opportunity to wear own clothes; extra and improved visits and more time out of cell for association). The revised national policy framework came into effect on 1 November 2013 and applies to prisoners aged 18 and over. The IEP scheme operates on four levels: Basic, Entry, Standard and Enhanced. The purpose of the policy framework changed so that not only are prisoners expected to behave well, but they are also expected to work towards their own rehabilitation and help other prisoners or staff if they wish to earn privileges.What are the ways to grant the visit rights in your prison system?
Prison Rules require prisons to actively encourage prisoners to maintain outside contacts and meaningful family ties. Visits are seen as crucial to sustaining relationships with close relatives, partners and friends, where appropriate, and help prisoners maintain links with the community. The policy governing visits to prisoners can be found in Prison Service Instruction 16/2011 Providing Visits and Services to Visitors. This gives details of statutory entitlements to visits and the environment that these take place in, as well as who is eligible to visit, and also provides guidance on examples of good practices to be adopted by prisons. The statutory entitlement to social visits for convicted prisoners is two visits in every four week period. NOMS policy allows for a visit on reception and every two weeks thereafter. Extra visits may be earned under local Incentives and Earned Privileges (IEP) schemes. Unconvicted prisoners must be allowed visits on at least three days a week, which includes weekends. All visits should last at least one hour. Governors/Directors of prisons have discretion to refuse entry to a visitor or determine the conditions under which such social visits take place.Special Remarks or Comments
In Finnish Act of Imprisonment “rewards” are not mentioned as such. The logic of the law is somewhat different than in Romanian law. For example, the grounds for the denial of the prison visits, are stipulated in the 4§ of the Act. Leaves of prisoners are stipulated in the 14§. Principle in the law is that functions like contacts with outside (family etc.), activities outside the prison are so called normal rights. But, the Act on imprisonment restricts those rights according certain principles. Arguments when the rights are restricted, are mentioned in the law. Good examples on this are 13§ on prison visits and 14§ where the rules concerning the prison leaves are mentioned.What are the ways to grant the visit rights in your prison system?
Rules concerning of the prison leaves are in the 14§ of the Imprisonment Act. Criteria are clearly mentioned in the law. Supervision of prison visit varies according the type of visit. Family visits are unsupervised, “normal” visits are supervised by an officer. Visit can also be arranged in very secure environment where persons only see and heat each other (for example through a plex glas).Special Remarks or Comments
Section 29. Incentives Applicable to an Arrested Person The head of an investigation prison may apply the following incentives to an arrested person for exemplary behaviour: 1) to express gratitude; 2) [14 July 2011]; 3) to grant additional time for walk; 4) to grant additional time for telephone conversations; 5) to grant additional meetings with relatives or other person in the presence of a representative of the administration of the investigation prison. [14 July 2011] Section 68. Incentives Applicable to Persons Sentenced with Deprivation of Liberty For good behaviour and a conscientious attitude towards work or training the administration of the deprivation of liberty institution may apply the following incentives to convicted persons: 1) expression of gratitude; 2) permission to use additionally up to six telephone calls per year; 3) granting of additional short-duration or long-duration visits, but no more than six additional visits per year; 4) in juvenile correctional institutions – permission to leave the institution for up to eight hours, accompanied by their parents or employees of the institution; 5) to acknowledge the convicted person as qualifying under the conditions referred to in Section 50.3, Paragraph three, Clause 3 of this Code before expiry of the time period laid down therein; 6) in open prisons – additionally once per month permission to go outside the territory of the prison for a period of up to two days; 7) to temporarily leave the territory of the deprivation of liberty institution with the permission of the head of the deprivation of liberty institution for up to three twenty-four hour periods a year; 8) to temporarily leave the territory of the juvenile correctional institution with the permission of the head of the juvenile correctional institution for up to five twenty-four hour periods a year. [14 July 2011] The incentive referred to in Paragraph one, Clause 5 of this Section shall not apply to the validity of an administrative punishment. The administration of the deprivation of liberty institution may acknowledge the convicted person as qualifying under the conditions referred to in Section 50.3, Paragraph three, Clause 3 of this Code before expiry of the time period laid down therein, provided the following time periods have elapsed: 1) not less than six months after imposing of the punishment – placement in a punishment isolation cell – for the violation of the sentence serving regime; 2) not less than three months after imposing of the punishment – placement in a disciplinary isolation cell – for the violation of the sentence serving regime; 3) not less than three months after imposing of another punishment stipulated in this Code for the violation of the sentence serving regime, if the punishment was applied to an adult person, or not less than one month if the punishment was applied to a minor. The incentive referred to in Paragraph one, Clause 7 of this Section shall only apply to convicted persons serving their sentence in the highest level of the sentence serving regime in a partly-closed prison, except persons sentenced with deprivation of liberty for life (life imprisonment). The time period referred to in Paragraph one, Clauses 7 and 8 of this Section spent outside the deprivation of liberty institution shall be included in the term of serving the sentence. The administration of the deprivation of liberty institution shall send information regarding the convicted person who has been authorised to temporarily leave the territory of the deprivation of liberty institution to the territorial structural unit of the State Police in the territory of which the convicted person intends to stay. Such information shall be sent not later than five working days before the day the convicted person temporarily leaves the deprivation of liberty institution. [13 June 1991; 17 November 1992; 15 December 1994; 14 October 1998; 11 November 2004; 16 June 2009; 14 July 2011; 13 December 2012]What are the ways to grant the visit rights in your prison system?
Law On the Procedures for Holding under Arrest Section 13. Rights of an Arrested Person 6) a meeting with his or her relatives or other persons for at least one hour not less than once a month; 7) to meet the defender alone without restriction, in conformity with the daily order of the investigation prison; (3) In deciding on the length and frequency of the meeting stipulated in Paragraph one, Clause 6 of this Section, the administration of the investigation prison shall assess the necessity to ensure equal possibilities of meeting for all arrested persons. Section 13.1 Provisions for the Course of a Meeting (1) The meeting determined in Section 13, Paragraph one, Clause 6 of this Law with relatives or other persons shall take place without the presence of a representative of the administration of the investigation prison. (2) In an exceptional case, after individual evaluation of each case and justifying such a decision, the head of the investigation prison may take a decision on the course of the meeting referred to in Paragraph one of this Section in the presence of a representative of the administration of the investigation prison, if it is necessary due to safety considerations or due to the interests of criminal proceedings, or it is requested by the visitor. Such decision may be contested to the head of the Latvian Prison Administration in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the head of the Latvian Prison Administration may be appealed to the Administrative District Court in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the Administrative District Court may not be appealed. [14 July 2011] Investigation Prison Internal Regulations 28) Detainees have the right to an hour-long meeting with relatives or other persons no less than once a month, but to detainees that are minors – no less than once a week. Restrictions for the meeting can be set by the judge of the investigation or a court with a written statement. 35) Detainees are provided with the possibility of meting two persons at the same time. 36) Person, who came to the meeting, presents personal identification document to the administration staff member of the investigation prison. 37) In the investigation prison general temporary meeting restrictions can be set (e.g. due to quarantine, riot). Persons, who have come to meet a detainee, are informed about the temporary restrictions. • The Director General of the investigation prison can apply sanctions/penalties (prohibit the next meeting with relatives or other persons) to a detainee for violating Investigation prison internal regulations. • Detainees that are minors cannot be sanctioned by prohibiting their meetings with parents or guardian, if it is not set by the judge of the investigation or court. • Detainee, who has been places in a punishment/penalty isolator/cell, due to disciplinary violations cannot use their rights to visitors. This prohibition is not applicable to minors. Sentence Execution Code: Section 45. Visitation of Persons Sentenced with Deprivation of Liberty by Relatives and Other Persons The persons sentenced with deprivation of liberty, except persons sentenced with temporary deprivation of liberty, shall have an opportunity to meet their relatives and other persons without the presence of a representative of the deprivation of liberty institution in accordance with the procedures and extent laid down in this Code: short visits – from one to two hours in order to facilitate the maintaining and renewal of socially useful contacts; long visits – from six to forty-eight hours in order to facilitate the maintaining of kinship and family contacts. The persons sentenced with temporary deprivation of liberty shall have an opportunity to meet their relatives and other persons without the presence of a representative of the deprivation of liberty institution in accordance with the procedures and extent laid down in this Code: short visits – from one to two hours in order to facilitate the maintaining and renewal of socially useful contacts. During long-duration visits the convicted persons shall be permitted to stay with their relatives – parents, children, adopted persons, siblings, grandparents, grandchildren or a spouse. According to the decision of the administration of the deprivation of liberty institution short-duration visits with other persons may be permitted provided that the convicted person has had a common household or a common child with this person before commencing serving of the sentence. When registering marriage convicted persons, in addition, may be granted a longer meeting of up to 48 hours with the permission of the deprivation of liberty institution. Convicted persons shall not be permitted to meet arrested persons and the persons who are serving a sentence in other deprivation of liberty institutions. The head of the deprivation of liberty institution may forbid, according to his or her decision, that the convicted person meets a particular person for security considerations; such decision may be contested to the head of the Latvian Prison Administration in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the Latvian Prison Administration may be appealed to the administrative district court in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the administrative district court is not subject to appeal. According to a written submission of a convicted person and with the permission of the head of the prison, telephone conversations, at the expense of the convicted persons or persons with whom the conversations are conducted, may be substituted for short or long-duration visits. Procedures for visits and their substitution with telephone conversations shall be governed by the internal procedural regulations of the deprivation of liberty institution. In exceptional circumstances the head of the deprivation of liberty institution may, upon evaluating each individual case, take a justified decision to hold the short-duration visits referred to in Paragraph one of this Section in the presence of a representative of the deprivation of liberty institution, if it is necessary for security considerations or in the interest of the criminal proceedings, or if requested by the visitor. This decision may be contested to the head of the Latvian Prison Administration in accordance with the procedures laid down in the Administration Procedure Law. The decision of the head of the Latvian Prison Administration may be appealed to the administrative district court in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the administrative district court is not subject to appeal. [14 October 1998; 11 November 2004; 14 July 2011; 20 December 2012] Section 46. Legal Aid to Persons Sentenced with Deprivation of Liberty A convicted person shall be permitted to meet with an advocate, sworn notary and a State provided legal aid worker for the receipt of legal aid in accordance with the procedures laid down in laws and regulations. The number of such meetings shall not be restricted and they shall not be included in the number of short or long-duration visits provided for in this Code and shall take place in the deprivation of liberty institution during working hours. Meetings with an advocate shall not be controlled. Meetings with a sworn notary and a State provided legal aid worker shall take place under visual control conditions. [14 October 1998; 4 April 2007] Place of Deprivation of Liberty Internal Regulations Section 11: Inmate meetings with relatives and other persons 60) Meeting permission is issued by the Director General of the place of deprivation of liberty based on the submitted application of the inmate. 61) The duration of the meeting is set by the administration of the place of deprivation of liberty in accordance with the duration of meeting according to the degree of penal treatment set in the Sentence Execution Code of Latvia. The participants are able to shorten the duration of the meeting. 63) Before a prolonged meeting the visitor provides a personal identification document and a kinship confirming documentation. 64) Before a prolonged meeting visitors are warned about the prohibition of passing to inmate items, products and substances that are not allowed in the place of deprivation of liberty. All other internal regulations of place of deprivation of liberty are also explained. If the internal regulations are violates, the meeting is stopped. 65) At the beginning of a prolonged meeting visitor’s belongings and clothes are inspected ad searched. If the visitor refuses the inspection and search, prolonged meeting is not allowed. It can be replaced by a short meeting or a phone call. The costs of the phone call is covered by the inmate (means in their personal account) or by the visitor. 66) During the duration of the prolonged meeting two adults and two minors may stay with the inmate at the same time. 67) Inmates that are undergoing treatment in the Latvian Prison Hospital are not allowed prolonged meetings. The Director General of the Latvian Prison Hospital may allow short meetings to an inmate who is seriously ill. This meeting is not included in the register of routine meetings. 68) To inmates, who have tuberculosis and are undergoing treatment in the Latvian Prison Hospital, short meetings are allowed in accordance to the set number of meetings according to the degree of penal treatment set in the Sentence Execution Code of Latvia if the attending physician allows it. 69) Inmate is searched before and after the meeting. To the meeting inmate is allowed to take with them only hygiene and smoking supplies. 70) To the room used for prolonged meetings visitors are allowed to take items and food, that inmate is allowed to keep, but inmate is not allowed to take them out of the meeting room. To the room used for prolonged meetings visitors are not allowed to bring their own bed linens. 71) During the meeting it is not allowed to pass to the inmate documents, notes, charts, drawings, letters or records. 72) Firs meeting can be allowed to inmate at the specified time in the agenda after their transfer from the investigation prison. Further meetings are granted with an interval that is number 12 divided by the number of prescribed meetings per year according to the degree of penal treatment. 73) Inmate that has been transferred from a different place of deprivation of liberty the next meeting is granted according to the number of meetings granted in their previous place of deprivation of liberty. 74) During a prolonged meeting the inmate is relieved of measures/events connected to work or education by the administration of the place of deprivation of liberty. 75) Granting meetings can be temporary stopped due to natural disasters, quarantine or other exceptional circumstances. 76) Adding the duration of the meetings or dividing the duration into several meetings is not allowed. A meeting that was stopped cannot be continued later on. 77) During short meetings the participants can talk in the language they choose. If the administration staff member of the place of deprivation of liberty does not know this language, a translator can be invited for the control of the content of conversation. 78) Short and prolonged meetings, parcels and packages addressed to the inmate are registered in the meetings, parcels and packages tracking card. If the inmate is transferred to another place of deprivation of liberty or is released, previously mentioned tracking card is added to their personal case. 79) Based on a written application submitted by an inmate and the permission from the Director General, a prolonged meeting can be replaced by a short meeting, as well as a short meeting or prolonged meeting can be replaced by phone calls (one meeting is replaced by a 15 minute long phone call). The costs of phone call are covered by the inmate (means in their personal account) or by the person with who is the phone call.Special Remarks or Comments
The Criminal Sanctions Enforcement Code of the Republic of Lithuania established: 1. A sentenced person who proved to have good conduct, tends to be initiative and actively participates in social rehabilitation programs, is working diligently and studying may be awarded the following rewards: 1) appreciation; 2) bonus for the best results; 3) right to one extra phone call; 4) three extra short term or long term visits per year; 5) withdrawal of a disciplinary sanction prior its date; 6) extension of the walking time to up to two hours for inmates placed in prison; 7) permission for juveniles to leave the institution on a visit with family, guardians, next of kin and other trustworthy persons for up to eight hours; 8) permission for a home leave during vacations; 9) short term leave home; 10) transfer to a privileged group after serving not less than a year, for juveniles – not less than six months. Sentenced juveniles who proved to have good conduct may be awarded the right to leave accompanied by the staff members to the cinema, theatre, concert, sports games or other events outside the penitentiary institution. After serving half of the sentence inmates whose behavior no longer impose risk to the others may be transferred to serve the rest of the sentence from a prison to an ordinary group in a correction house in compliance with the procedure established in the legislation of the Republic of Lithuania. 2. Rewards may be granted by the director or his authorized person. The procedure of granting rewards is established in the Inner Regulations of penitentiary institutions.What are the ways to grant the visit rights in your prison system?
The Criminal Sanctions Enforcement Code of the Republic of Lithuania established: The sentenced persons may be granted short-term (up to four hours) and long-term (up to two days) visits. The number and type of visits are established in the Criminal Sanctions Enforcement Code of the Republic of Lithuania. Short term visits shall be in the presence of a representative of a penitentiary institution but the conversation shall be private. Upon an inmate's request a short term visit may be replaced by a telephone conversation. Long term visits granting the right to live together shall be permitted exclusively to a spouse, a partner or next of kin. Long term visits with a person an inmate has a common child with shall also be permitted if neither an inmate nor this person is married to another person or has other partners. A child should be registered in accordance with the procedure established in the legislation of the Republic of Lithuania as a common child of an inmate and a person visiting. Upon an inmate's request a long-term visit may be replaced by two short-term visits or two telephone conversations. Inmates who stayed to carry out household tasks in remand prisons, penitentiary hospitals or prisons with no possibility to arrange a long-term visit, one long-term visit shall be replaced with three short-term visits. The director of a penitentiary institution should permit a spouse, a partner or next of kin to visit an inmate suffering from a serious illness that puts his life at risk. The visits are not included in the number of family visits. Sentenced spouses may be granted two long-term visits a year. The directors of the penitentiary institutions the spouses are serving sentences in shall establish a place for the visits. Inmates shall bear the costs of transportation. Sentenced inmates allocated to an ordinary or privileged group upon the resolution of a director or authorized officer of a penitentiary institution may be granted additional short-term or long-term visits to maintain social relations. The procedure of granting family visits or visits to ill inmates is established in the Inner Regulations of penitentiary institutions. The Inner Regulations of penitentiary institutions established: Upon an inmate‘s request the director of the institution or his authorized person may replace short-term visits with telephone calls and long-term visits with short-term visits. Penitentiary administration cannot merge or divide the visits. Inmates are free from work during short-term and long-term visits. The procedure of granting a visit is launched at the moment of filing an inmate‘s or a visitor‘s written request. In case of a negative answer reasons for it are indicated on a request. Visiting persons should have a document with their ID and/ or certificate of birth. Visiting persons are met by an Office employee who provides information on the rules of the visit and about a possibility to terminate a visit in case of violation theirof and due to the attempt to hand over items forbidden to inmate to possess. The procedure of searching a visiting person‘s belongings or clothes is established by the director of the institution. Provided a visiting person refuses to be searched or is under psychotropic substance influence a visit is cancelled. Up to three persons may be present during the visit, an inmate’s minor children excluded. Short-term and long-term visits are free of charge. No physical contact is possible during a short-term visit (except sentenced juveniles). Short-term visits may be over window screen or without separation. The procedure which type of a short-term visit shall be granted is established by the director of a penitentiary institution.Special Remarks or Comments
The Northern Ireland Prison Service operates the Progressive Regimes & Earned Privileges Scheme (PREPS) at each of its three establishments. This scheme is consistent with the Statutory Rules for the Prison Service as set out in the ‘Prison and Young Offenders Centres Rules (Northern Ireland) 1995’ – article 10 – Privileges. PREPS underlines the Prison Service’s investment in motivating, assisting and preparing prisoners for release by encouraging and rewarding them for; - working to an agreed Offender Management plan - demonstrating good behaviour within the prison and compliance with prison rules - engaging in activities as identified in their plan - addressing their offending behaviour - reducing their risk of reoffending PREPS hinges on motivating prisoners to engage with the activities outlined on their agreed Plan including: - any form of behavioural and personal development - recreational training - education - work placement (subject to suitability) - any other activities specified on their plan. Progress reports on performance are completed by Residential Officers in accordance with the prisoners level of regime. Other staff and professionals comment from areas where prisoners may be working, such as education, training, programme delivery etc. Prisoners are given regular feedback on their performance, recognition if they are performing well; and if necessary a warning will be issued if behaviour overall is deteriorating. PREPS privileges and incentives are allocated according to three different regime levels Standard, Enhanced and Basic. Governors list incentives and privileges associated with each regime level available at their establishment. Payments levels at all establishments are as follows: - Those who have attained the Standard regime receive a payment of £11.00 per week. - Those who have attained the Enhanced regime receive a payment of £20.00 per week. - Those on the Basic regime receive a payment of £4.00 per week. Weekly Telephone credit expenditure within all establishments is as follows: Regime Maximum Telephone Credit Spend (Weekly) - Standard - £40 - Enhanced - £65 - Basic - £25 A maximum of £100 is allowed on a prisoner’s telephone credit account at any one time. Weekly Tuckshop expenditure within all establishments is as follows: Regime Maximum Tuckshop Spend (Weekly) - Standard - £38 + earnings - Enhanced - £63 + earnings - Basic - £25 + earnings All Tuckshop spend is managed in conjunction with local volumetric control restrictions Privileges The following are examples of privileges available in all establishments. The levels of access vary depending on regime level: Additional visits Time out of cell Television GymnasiumWhat are the ways to grant the visit rights in your prison system?
Convicted prisoners may be permitted the following allowance of visits a) one statutory visit on reception; and b) one statutory visit in each 4-week period thereafter; and additionally c) 3 extra visits as privilege visits in each 4-week period. Visits shall last a minimum of 30 minutes. Governors may extend visits beyond this minimum up until the end of the visiting period if necessary subject to the availability of space and staff and the operational needs of the establishment. A prisoner is required to send out a visiting permit in respect of each visit which he receives and the permit should be addressed to a person visiting him. The prisoner is not required to name all visitors who will visit on each occasion. An unconvicted prisoner may receive up to 3 visits per week. The minimum duration of each visit is 30 minutes. The date and time of each visit should be determined by the Governor in the light of circumstances prevailing in the prison. Up to 3 persons should be allowed at each visit. Children may be allowed in addition where circumstances permit.Special Remarks or Comments
In the Norwegian prison system there is no direct legal basis for rewarding inmates; Lt is not established a system for rewarding inmates. On the other hand, prisoners may benefit from i.e. good behaviour and a demonstrated motivation to work towards an existence without (more) crirninal acts. It is regarded as positive that inmates show good behaviour during the execution ofthe sentence. For example inmates can get parole after serving 2/3 ofthe sentence. Such release represents an overall asscssment of several factors, herein the inmate’s behaviour during the serving of the sentence. On the other hand, being released after serving 2/3 of the sentence is the general rule pursuant to Norwegian law, and this form of release is not regarded as a “reward” as such. A release after serving 2/3 of the sentence may be granted if the behaviour is commonly good. Pursuant to § 19 in The Execution of Sentences Act, the prisoners rnay be rewarded in case of exceptionally good work or for extended work hours. In such cases the reward is given as an increase of the daily pay with up to 20 NOK / ca. 25% for that particular day.What are the ways to grant the visit rights in your prison system?
The general rule is that all visitors to a prison with high security have to be controlled, but control may be omitted if security reasons do not speak against it. Visits to prisons with a lower security and transitional housing, should be controlled if it appears necessary for security reasons. Control during visits can be made by supervision of employees during the visit, by employees overhearing the conversations, by using a room with a glass wall or by prohibiting physical contact between inniates and the visitors. If safety reasons make it necessary to overhear the conversation, the inmates and visitors are required to lead the conversation in a language that the staff understands. Several control measures are implemented at the same time if necessary. It should not be implemented stricter controls than necessary. The Correctional Service may refuse visits if there is reason to believe that the visit may be misused for planning or committing a crirninal act, evasion of sentence or actions that could disturb the peace, order and security. If the visit is of great importance for the inmate, and control is sufficient to prevent the visit misused, the visit should be controlled rather than denied. Visitors can be examined in the following ways: In the prison arca the Correctional Service may investigate persons and objects by technological equipment or dogs to prevent illegal items getting inside prison. When the examination leads to a positive result or if the visitor doesn’t participate to the examination, the prison may reject the visitor. If the investigation present a positive result, the visitor can be held in custody until the police arrive. Visitors will be required valid identification to ensure proper identity; the Correctional Service may also check his or her general conduct, any police records and so on. There are separate rooms for visits in a designated visiting area. The prison shall facilitate the conditions so that the visit of children is carried out in a careful manner. Some prisons have visiting apartments that can be used during visits i.e. by children. The use of these visit apartments should always be conducted in the children’s best interest.Special Remarks or Comments
The term ‘reward’ is not recognised in the Rules governing prisons in Scotland. ‘The Prisons and Young Offenders Institutions (Scotland) Rules 2011’ apply to Prisons & Young Offenders institutions in Scotland and to any person who is required to be detained in any such prison or institution. Rule 45 provides the rules relating to ‘privileges’ for prisoners in Scottish Prison Service (SPS) establishments; a copy of Rule 45 is attached for reference. Rule 45 also makes reference to other Rules (47,88,114) and copies of these rules are also attached. The procedures applicable to the provision of periods of temporary release from an SPS Establishment for prisoners are not considered under the Rules regarding privileges. The Rules applicable to temporary release (Rules 134-138) are attached for reference. Prisoners are only granted periods of unescorted leave, such as ‘home leave’ or ‘unescorted day release’ as part of a Risk Management Plan in conjunction with partner organisations in the Criminal Justice system, and as preparation for release. A copy of the full version of ‘The Prisons & Young Offenders Institution (Scotland) Rules 2011’ can be found at the link below: http://www.legislation.gov.uk/ssi/2011/331/contents/madeWhat are the ways to grant the visit rights in your prison system?
Rules 63-76 of ‘The Prisons & Young Offenders (Scotland) Rules 2011 apply to visits to SPS establishments by persons of a prisoner’s choice, Legal Advisors, Procurators Fiscal, Police Constables, representatives of Diplomatic Services and National or International Authorities or Organisations, special visits in connection with further proceedings, Members of Parliament, Members of the Scottish Parliament, representatives of the European Parliament, the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman, Media Representatives, members of the Parole Board for Scotland, members or employees of the Scottish Criminal Cases Review Commission and persons in connection with Disciplinary Hearings. A link to copies of these Rules are attached together with copies of Rules 77 and 78 which provide information on restrictions and conditions applicable to visits, and closed visiting facilities.Special Remarks or Comments
RULE 45 - Privileges 45.—(1) The Governor must establish, a system of privileges for the prisoners detained in the prison. (2) The system of privileges may contain different provision for— (a) different categories of prisoners; and (b) prisoners detained in specific parts of the prison. (3) A system of privileges established under paragraph (1) may include provision in relation to— (a) the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner’s cell or room; (b) the arrangements whereby a prisoner may purchase items within, or outwith, the prison; (c) the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88; (d) the arrangements whereby a prisoner may have tobacco in his or her possession; (e) the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and (f) any other matter as may be specified in a direction made by the Scottish Ministers under this rule. (4) A system of privileges established under paragraph (1) cannot— (a) prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules, (b) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or (c) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b). (5) The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to— (a) the application to the prisoner of the system of privileges established under this rule; and (b) the circumstances in which privileges may be withdrawn. (6) The Governor must give reasons to a prisoner where the Governor takes a decision to (a) withdraw any privilege enjoyed by the prisoner; or (b) refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner. 47 -Storage of prisoners’ personal property in cells or rooms (1) Every prisoner is entitled to keep in their cell or room such items of the prisoner’s personal property as may be specified in a direction by the Scottish Ministers. (2) Without prejudice to paragraph (1), the Governor may refuse to allow a prisoner to have in their possession or to keep in their cell or room any items which the Governor considers to be— (a) prejudicial to the security or good order of the prison; (b) prejudicial to the health and safety of any person within the prison; or (c) incompatible with the size or furnishings of the prisoner’s cell or room. (3) Where the Governor refuses to allow a prisoner to store any item of the prisoner’s personal property in their cell or room under paragraph (2)— (a) the Governor must notify the prisoner; and (b) the property must either— (i) be stored in the prison storage facilities in accordance with rule 48; or (ii) where the Governor is entitled, under rule 48(2), to refuse to store the property in the prison storage facilities, be disposed of by the Governor or the prisoner in accordance with rule 49. (4) The Governor may, where practicable, provide secure lockers within a prisoner’s cell or room to enable the prisoner to store medication and personal property. 88 -Recreation (1) The Governor must provide reasonable facilities and opportunities to enable prisoners to participate in recreational activities outwith normal working hours. (2) The Governor must make arrangements for lending library services for the use of prisoners which take into account, so far as reasonably practicable, the prisoner’s educational, informational and recreational interests. (3) The extent to which any prisoner or group or category of prisoners may at any time be permitted to use facilities provided, or to participate in recreational activities organised, by virtue of this rule must be determined in accordance with the system of privileges established under rule 45. 114 - Punishment (1) A Governor may impose on a prisoner one or more of the following punishments where a prisoner is found guilty of a breach of discipline— (a) a caution; (b) forfeiture of any privileges granted under the system of privileges applicable to a prisoner for a period not exceeding 14 days; (c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding one half of the prisoner’s earnings in any week (or part thereof) falling within the period specified; (d) cellular confinement for a period not exceeding 3 days; (e) in the case of an untried prisoner found guilty of escaping or attempting to escape, forfeiture of the entitlement to wear his or her own clothing under rule 32 for any period as may be specified; (f) in the case of an untried prisoner or a civil prisoner, forfeiture of any or all of the entitlements referred to in rules 45 and 52 for any period as may be specified; and (g) forfeiture of the entitlement to withdraw money in terms of rule 51(3) for a period not exceeding 14 days. (2) In setting the level of punishment, the Governor must consider whether the breach of discipline was aggravated in terms of rule 113(15)(a). (3) If a prisoner is found guilty of more than one breach of discipline arising out of an incident, the punishments that may be imposed under this rule (except for cellular confinement under paragraph (1)(d)) may be ordered to run consecutively. (4) Where cellular confinement is imposed on a prisoner under paragraph (1)(d)— (a) the Governor must inform a healthcare professional as soon as possible; (b) any entitlement of the prisoner under these Rules will not be affected by the imposition of cellular confinement, except insofar as expressly provided in a direction under sub-paragraph (c); and (c) the prisoner must serve the period of confinement in accordance with the provisions of, and subject to any conditions imposed by, a direction made by the Scottish Ministers. 134 -Eligibility of prisoners for temporary release (1) In this Part “temporary release” means any of the forms of temporary release defined in rule 136. (2) In this Part “eligible prisoner” means a prisoner who— (a) is assigned low supervision level; and (b) is not disqualified from obtaining temporary release for any reason specified in paragraph (3) or (4). (3) A prisoner is disqualified from obtaining temporary release if, for the time being, the prisoner is— (a) subject to proceedings under the Extradition Act 2003; (b) in the written opinion of a healthcare professional, not fit enough to be granted temporary release. (4) Subject to paragraph (5), a life prisoner is disqualified from obtaining temporary release unless the Governor has obtained the prior consent of the Scottish Ministers. (5) Any consent granted by the Scottish Ministers under paragraph (4)— (a) will apply to the first grant of temporary release and any further grants of temporary release; but (b) will cease to have effect if the prisoner is subsequently assigned a supervision level other than low supervision level. 138 - Direction with respect to temporary release (1) For the purposes of temporary release, the Scottish Ministers may specify in a direction— (a) the forms of temporary release available to prisoners accommodated in particular prisons, halls or parts of prisons; (b) the manner in which the Governor must consider an application for any form of temporary release; (c) the manner in which the Governor must assess the risk that the prisoner may abscond or pose a danger to the public; (d) the relevant criteria about which the Governor must be satisfied before granting any form of temporary release; (e) the conditions which may be imposed in relation to any approval of an application for temporary release; (f) the timing and duration of any form of temporary release and the frequency with which it may be granted to an eligible prisoner; and (g) the persons who are to be treated as a near relative of the prisoner. (2) Directions under this rule may make different provision for different forms of temporary release. 63-76 Visits to SPS Establishments – (see link below) http://www.legislation.gov.uk/ssi/2011/331/contents/made 77 - Restrictions and conditions applicable to visits under Part 8 (1) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, he or she may— (a) prohibit a prisoner from receiving a visit from any person in particular in terms of this Part; or (b) terminate a visit to a prisoner which is taking place in terms of this Part. (2) If, in the case of any visit taking place in terms of rule 73, the Governor considers that the terms of an undertaking given by the visitor under rule 73(3) have been breached or that there has been a contravention of any restrictions or conditions specified in a direction made by virtue of paragraph (3), the Governor may terminate the visit. (3) The entitlement of a prisoner to receive visits in terms of this Part is subject to such restrictions and conditions as may be specified in a direction by the Scottish Ministers for the following purposes— (a) to allow the use of video cameras and sound recording equipment for the monitoring of the visits area during visits to prisoners; (b) to impose a prohibition on, or restrictions in relation to, the possession and use by prisoners and their visitors of photographic equipment, sound recording equipment and writing materials; (c) to impose restrictions as to the introduction of, or possession or consumption of, food and drink by prisoners and their visitors during such visits; and (d) to prescribe the terms of any written undertaking which may be required to be given pursuant to rule 73(3). 78 - Closed visiting facilities (1) The Governor may, for any reason specified in paragraph (2), order that any visits which a prisoner receives from a member of the chaplaincy team or for the purpose of rules 63 to 76 must be held in closed visiting facilities. (2) The Governor may make an order under paragraph (1) for any of the following reasons— (a) there are reasonable grounds for suspecting that the prisoner has previously obtained or is likely in the future to attempt to obtain, from any visitor, any prohibited article or any unauthorised property; (b) the prisoner’s behaviour makes it necessary for the purposes of security and control for any visit to be received in closed visiting facilities; (c) any previous visit to the prisoner has been terminated in terms of rule 77(1) due to the conduct of the visitor; (d) the visitor has previously been refused access to the prison; or (e) the Governor is of the opinion that it is necessary to ensure, in relation to a visit for the purposes of rule 70, that the visit is required for any purpose specified in rule 70(2). (3) The Governor may make an order under paragraph (1) in relation to any particular visit received in terms of any rule mentioned in paragraph (1) or in relation to every visit received in terms of any of those rules, but any order made in relation to every such visit must be reviewed by the Governor not less than once in every 3 months and may be revoked by the Governor at any time. (4) No order under paragraph (1) may be made as a punishment in respect of a breach of discipline within the meaning of Part 11. (5) For the purposes of this rule, “closed visiting facilities” means visiting facilities with special security features including physical barriers between prisoner and visitor.
Supported by the Justice Programme of the European Union