Lost your Password?
Click Here
Don't have an account?
Register Here
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.
Want to ask a question? Please read our guidance information found here: Submitting a KMS Question
← Back Search KMSThis content is only available to registered members of EuroPris.
Introduction: The Ministry of Justice of Turkey, General Directorate of Prisons and Detention Houses is working on a new legislation about the children staying with their mothers in prisons. For the welfare and best interests of the children, the best practice would like to be realized. For this reason, they need to obtain some insight into the practice followed by other countries. Therefore, we kindly ask you to answer the questions related to the topic detailed above.
There are no special legal arrangements for the pregnant women (or women with small children), but the court can take the pregnancy (or children etc) into consideration at the time of the sentencing in the limits of general legal arrangements.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?For the pregnant women and women with children in prison there are special rooms in the prison and the prison is responsible for supporting the mother and organizing the care taking of the baby. The municipality that has the custody of the baby has to approve the mother´s application to keep the child inside the prison.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.There are no special legal arrangemats under conditions of conditional release for pregnant women or women staying with their children in prison, but the general legal arrangements over conditions of conditional release are flexible and the individuaal needs of the prisoner are taken under consideration while considering the conditions of conditional release.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?The municipality that has the custody of the baby has to approve the mother´s application to keep the child inside the prison. If the child reaches the maximum age staying in prison, the municipality decides the futuure arrangements. If the child has relatives that are suitable and willing to täke care of the child, it is always preferred that the child is going to stay with them. Orphanage is the option only in cases that the child has no relatives that would be able to take care of him/her.
There are no penalty reductions for pregnant women or women staying with their children in prison but it could be possible to postpone the sentence if the mother just have given birth and is breastfeeding. The Swedish Prison and Probation Service (SPPS) make an Individual judgement in each case.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?An inmate is only allowed to have his or her infant in prison after receiving an opinion from the Social Service if it is considered to be the best of the child. There are some different possibilities for the mothers staying with their children in prison. The mother shall be given housing enable for the care of the child, for example a more suited room in a quiet section. A mother who has a child in the prison is usually parental leave and is suppose to take care of the child during the day and has therefore difficulty to be a part of the everyday compulsory activities like studies, program, working etc. But though the SPPS has a well functioning program and treatment-oriented efforts which have proven to be most effective in helping people break with a criminal lifestyle it is desirable to let the mothers at least be a part of that. Beyond this the SPPS offer a parental course and ensure a good cooperation with the NGO´s that support the mothers.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.No there are no special legal arrangements for women staying with their children in prison. The SPPS make a plan for the conditional release that will help the mother and the child to a good reintegration into society, that include an established contact with the Social Service and a regular contact with a probation officer so that the transition from the SPPS to a "normal life" works well.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?The SPPS has no maximum age for children staying in prison with their parent but most of the children stay until the child turns 1 year old. If the child depending on different circumstances not can stay with the mother in prison it is the Social Service who are responsible to make the arrangement for the child.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
There are two articles in the Enforcement of Penal Sanction Act where it is possible to find procedures in such cases. In the Article 24 it is stated that execution of the sanction could be postponed: “The punishment of imprisonment of a convicted person who is at liberty may, at their request or with their consent at the request of immediate family members, a foster carer or a guardian or on the proposal of the competent centre, be deferred for the following reasons:” in point (8.) is as follow “if a female convicted person has a child under the age of one or is over four months pregnant or has a child under the age of two and special health, social or other reasons necessitate that she provides care for the child herself.” Similar regarding content is Article 82: “Upon request by the convicted person, their immediate family members, foster carers or guardians and if there are no security reservations, the prison governor may suspend the punishment of imprisonment: if a female convicted person has a child under the age of one or is over four months pregnant or has a child under the age of two and special medical, social or other reasons necessitate that she provides care for the child herself.” About the penalty reduction only the Court could decide if there is an option of it in the Criminal Law.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?We would like to point out that we do not have so many cases of mothers with their children in prison. Time to time there is such case but we could not say that it is a regular situation. If there is a pregnant convict or if she gave a birth during serving her prison sentence we have to work according to procedures and steps. In the Article 48 of the Rules on the enforcement of punishments of imprisonment there are directions in case of a convicted person with a child. It states: “(1) On the initiative of the prison and in cooperation with the convicted person and the prison, the competent centre shall prepare a plan for childcare during the time when the convicted person living in prison together with a child cannot take care for her child by herself while attending a hearing or for some other reasons. (2) In the case referred to in paragraph two of Article 62 of the Enforcement of Penal Sanctions Act, the convicted person shall submit a request to prison to prolong the child’s stay in prison. (3) The prison shall submit the request of the convicted person, along with its opinion and the personal file, to the director general. (4) If the mother does not submit a request to prolong the stay of her child in prison, but the prison governor considers that to be in the best interests of the child, the prison governor shall propose it to the director general.”
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.We do not have any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?A pregnant convicted woman or a convicted woman who has given birth during serving her sentence shall be provided with appropriate health care and conditions to care for the child. The child may stay with the mother in Slovenia on the basis of mother’s request until the age of one year and shall afterwards be transferred, in agreement with the mother, to the child’s father or to relatives. If this is not possible or if such transfer is not to the benefit of the child, the competent Centre for Social Care shall carry out necessary measures for the care and upbringing of the child in accordance with the provisions of the act governing marriage and family relations. A child may stay with the mother until the age of two years if the mother completes her punishment during this period or if special medical, social or other reasons so require.
No, there is no legal provision to reduce the sentence period based on maternity in the penitentiary. It can be diminished by participating in re-education programs, work for the benefit of the state, amnesty for certain types of crimes.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?Yes, children up to 3 years are detained together with their mothers in separate, specially arranged places with special rehabilitation program and specific assistance.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.It is possible to delay the execution of the sentence if the guilty has in she's custody children who have not reached the age of 7 years, until they reach that age.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?After the age of 3 years children are separated from their mothers who continue to serve their sentences in prison and are placed in custody of family members or responsible governmental organizations.
- Pregnant women can make an application for postponement of the enforcement of imprisonment based on pregnancy. Chapter 2, section 3 of the Imprisonment Act (767/2005): “---A sentenced person who is pregnant may be granted a postponement of enforcement until she has recovered from delivery”. - Criminal Sanctions Agency can decide about starting the imprisonment time taking into consideration the situation of the child/children of the sentenced person. The situation and procedures are considered and decided in close co-operation with the child’s home municipalitie’s child welfare officials. - The parent coming to prison with a child can start serving the sentence in an open prison, instead of a closed one , which is the normal procedure. - According to the Finnish child welfare law a child that is under 2 years of age can be placed in a prison’s family ward as a measure of support in open welfare. - The placement of pregnant women is usually done in good time to one of the family wards, if birth of the child will take place during imprisonment. - In the prison hospital there is special ward, where pregnant women (and other women) with misuse- or psychiatric problems can be treated. The treatment is voluntary.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?- Parents can be placed in the prison’s family ward with their children. The family ward is part of the prison, so normal prison rules are to be complied with, but on top of that the family ward has its own rules. - The services of the family wards are purchased by the National Institute for Health and Welfare and provided by Kanta-Hämeen perhetyö, which is a registered association under the Federation of Mother and Child Homes and Shelters. - There is one prison family unit in Finland where parents serving a sentence or held in remand can be detained with their children until the child turns three years of age. The family unit is divided into two sections; in Vanaja open prison for prisoners serving sentence and Hämeenlinna Prison (closed prison) for prisoners held in remand. Moreover, the child welfare authorities in the prisoner´s and child’s municipality of residence must issue a decision to place the child in the family unit together with the parent. Chapter 4, section 9 of the Imprisonment Act (767/2005): “A sentenced person can be placed in open prison directly on arrival from freedom if he or she has been sentenced to a fine-conversion sentence and to a sentence of imprisonment not exceeding two years, either combined or separately. ---A precondition for placement in open prison is that the prisoner commits to abstinence from substance and to the abstinence control.---” - Placement of a child in the family unit is always done with consideration to the best advantage of the child, as are all placement decisions of child welfare authorities.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.- No, there aren’t any special legal arrangements for pregnant women at conditional release. Conditional release is “automatic” in Finland: everyone (except those serving life sentence) is released automatically, according to their age and to whether they are first timers or recidivists. - The Finnish law provides the possibility of serving the last part of a prison sentence (maximum 6 months before conditional release) in probationary liberty under supervision outside the prison, usually in the prisoners’ own homes. During this period the prisoner must follow a weekly schedule and participate in support activities as agreed with the social services. For women with children the weekly schedule would include activities around taking care of her child/children.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?- Prison and the family unit work in close co-operation with the child welfare authorities of the municipality of the family during the sentence. When the child reaches the age of three and the parent cannot be released through any legal mechanism the child will be placed by the decision of the authorities either to the other parent, to other family members or to foster care or to a children’s home. The child’s best benefit is always the most important factor that is considered when decisions are made. - When the parent has a long sentence the authorities will consider for example that the child stays with the parent in prison for as long as possible and is then placed to live with the other parent outside of prison. The parent remaining in prison would then keep close contact with the child for the rest of her/his sentence (prison leaves, family meetings in prison etc.).
This is a court/sentencing issue.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?The rules/standards of behaviour expected in relation to a mother having her child stay with her in prison is set out in a separate Mother and Baby Policy. Her Personal Development Plan will be developed around the needs of the mother rather than the fact she has a child staying with her in prison although consideration will be given to this.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.This is a legal/court issue.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?This will be considered/agreed at the Admission Board, if the baby will not be in custody for the complete sentence a separation plan will be drawn up in consultation with the mother and social services.
In accordance with provision § 409 of the Act No. 301/2005 Coll. Penal Procedure Code the presiding judge shall postpone the execution of the prison sentence to a pregnant woman or mother of a newborn baby to one year after the delivery. In compliance with provision § 412 par. 1 of the Penal Code Procedure the sentence being already served shall be dismissed always when being served by a pregnant woman or mother of a baby younger than one year of age. It follows from the above that our system of law does not enable any stay of a sentenced woman – mother with her child younger than one year of age in prison, but it provides the sentenced woman - mother the possibility to take care of her child younger than one year outside the prison (however, this period is not counted in the prison sentence execution). In case of a sentenced woman - mother of a child older than one year of age the system of law in provision § 74 par. 4 of the Act No. 475/2005 Coll. as amended gives the Minister of Justice of the Slovak Republic the authority to give the consent for establishment of a specialised unit where the female prisoner can be allowed at her request to have in the prison sentence execution and take care of her child older than one year of age usually up to three years of its age, extraordinarily up to five years of its age; this shall not apply in case the child was consigned by the court to another person. Currently no such specialised unit is established in any of the Slovak prisons.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?As no such unit is established in any of the Slovak prisons we cannot provide such information.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.There are no special conditions of conditional release for such women.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?As no such unit is established in any of the Slovak prisons we cannot provide such information.
No. In the Republic of Latvia no legal arrangements are carried out (e.g. sentence reduction or life sentence postponement to a later date), if a woman is pregnant or is staying in imprisonment place with her children.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?Mothers staying with their children in prison: • On the basis of a request from a convicted mother and with the consent of the Orphan’s Court, a child up to four years of age may reside together with the mother in the deprivation of liberty institution fully maintained by the State. The Cabinet shall stipulate the standards for the maintenance of the child, hygiene articles, clothes and necessary equipment for care in the deprivation of liberty institution. • Detained and sentenced mothers with their children are placed in the women prison Medical department (with mother and child section); • Pregnant women, mothers who are breastfeeding infants shall have improved premises and living conditions and increased nourishment norms shall be provided for them. According to the opinion of a commission of doctors, such persons may be permitted to receive additional parcels and deliveries of food products. • If an imprisoned woman gives birth, the administration of the prison has a duty to notify the General Registry office, in the territory of operation of which the prison is located, regarding such fact in writing in order to register the birth of the child. • A one-time childbirth benefit to mothers who are residing in a deprivation of liberty institution with children shall be transferred to the personal account of the mother and shall be disbursed not earlier than on the day of the release of the mother. In exceptional cases – in accordance with instructions from the mother’s physician and upon receipt of permission from the head of the deprivation of liberty institution – the convicted person may utilise the one-time childbirth benefit for medical treatment purposes. • If the period has ended in which the child may spend together with the mother in the deprivation of liberty institution fully maintained by the State, and the child is transferred to a guardianship or to a child care institution, the benefit or the remaining amount of the benefit shall be paid over to the relevant guardian or child care institution.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.Yes, in accordance with the legislation of the Republic of Latvia, representatives of the resocialisation field in the penitentiary system of Latvia (i.e. people who work in the Latvian Prison Administration Central Board and imprisonment places) cooperate with State and Municipal institutions (Orphan's Court, social services, out-of-family care institutions, including guardians, foster families) to protect the rights of children – regarding the children of prisoners (cases about the rights of children to communicate with their parents, about out-of-family care service payment procedure, about issues connected with prisoner social problem solving while the children are under out-of-family care etc.).
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?Imprisonment place administration not later than three months prior to the date the child reaches four years of age, shall notify the Orphan’s court at the place of residence of the parents of the child that the time period has ended in which the child may reside together with the mother in place of imprisonment. The Orphan’s court having previously examined the circumstances at the place of residence of the father of the child, shall transfer the child to the care of the father. If the transfer of the child to the father is not possible, the Orphan’s court shall ensure out-of-family care for the child. In choosing the future place of residence of the child, the Orphan’s court shall take into account the point of view of the mother of the child. According with the legislation of the Republic of Latvia, Orphan's court is in charge of the children rights and the protection of their legal interests. An Orphan’s and Custody Court is a guardianship and trusteeship institution established by a municipality or city local government. Within the competences of the Orphan’s and Custody Court is defending the personal interests and rights of a child in relationship with the parents, guardians and other persons. In the cases when the Orphan's Court recognizes that any of the conditions mentioned in Section 203 of the Civil Law (see below) applies, the Orphan's Court shall make a decision regarding the out-of-family care: 1) there are factual impediments which prevent the parent from the possibility of caring for the child; 2) the child is located in circumstances dangerous to health or life due to the fault of the parent (due to the deliberate actions or negligence of the parent); 3) the parent misuses his or her rights or does not ensure the care and supervision of the child; 4) the parent has given his or her consent for the adoption of the child, except the case when he or she as spouse has given the consent for the adoption of the child by other spouse; or 5) violence against the child by the parent has been established or there is good cause for suspicion regarding violence against the child by the parent. In such cases, care shall be implemented by the other parent; but, if there are impediments to this as well, the Orphan’s court shall ensure out-of-family care for the child. Child's out-of-family care is provided by: foster family, guardian or an institution of long-term social care and social rehabilitation. An Orphan’s and Custody Court shall take a decision to place an orphan or a child left without parental care in an institution of long-term social care and social rehabilitation if it is not possible to ensure the child with out-of-family care by a guardian or in a foster family or if care by a guardian or in a foster family is not suitable for the child. The Orphan’s and Custody Court of such local government, in the territory of operation of which the place of residence of the parents of a child is declared, shall take a decision on out-of-family care. If the separate custody of one parent has been established to a child, the Orphan’s and Custody Court, in the territory of operation of which the place of residence of such parent, under whose separate custody the child is, is declared, shall take a decision on out-of-family care of the child. If the place of residence of the parents of a child is declared in the administrative territories of different local governments, the Orphan’s and Custody Court, in the territory of operation of which the place of residence of such parent, with whom the child lives, is declared, shall take a decision on out-of-family care of the child. If the parents of a child do not have a declared place of residence, the Orphan’s and Custody Court of such local government, in the territory of operation of which the parents of the child actually live, shall take a decision on out-of-family care of the child.
The Prisons and Young Offenders Institutions (Scotland) Rules 2011 PART 13 Pregnancy and confinement 127.—(1) Where the Governor receives notification from a healthcare professional or prison officer that a prisoner is pregnant the Governor must where possible, ask the prisoner if any relative, friend or other person should be informed. (2) Where the Governor receives notification from a healthcare professional or prison officer that a prisoner is likely to give birth prior to the expiration of her sentence or period of committal the Governor must, where possible, ask the prisoner if any relative or friend, or any other person, should be informed. (3) Subject to paragraphs (4) and (5), where the prisoner wishes any relative, friend or other person to be informed of the prisoner’s pregnancy the Governor must inform any such person accordingly. (4) The Governor is not required to inform more than 2 persons. (5) The Governor must not inform any friend or relative of the prisoner without her consent. (6) A prisoner who is pregnant is required to undertake work throughout her pregnancy but may only undertake work which the Governor has deemed to be suitable for a pregnant woman to undertake. (7) A prisoner who is pregnant must be provided with food and drink which take into account any dietary requirements during pregnancy. (8) Where a prisoner who is pregnant requires to be contained in specified conditions in accordance with rule 41(1), as a result of her pregnancy or otherwise, she must be kept under supervision to such extent as is reasonably practicable or be required to share accommodation in a cell or room with a suitable prisoner where the Governor, on the advice of a healthcare professional, considers it appropriate. (9) The Governor must arrange for the transfer of the prisoner to a hospital outwith the prison for the purposes of giving birth upon receiving the advice of a healthcare professional on this matter.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?Accommodation of female prisoners’ babies 128.—(1) Subject to paragraphs (2), (3) and (4), the Governor may permit a female prisoner to have her baby with her in prison. (2) Where a female prisoner is permitted to have her baby with her in prison— (a) the prisoner is responsible for the care of the baby; and . (b) the Governor must provide any material items necessary for the baby’s care. . (3) Subject to any direction made by the Scottish Ministers under this rule, the Governor may, in granting permission under paragraph (1), impose such conditions as the Governor thinks fit. (4) A female prisoner who is permitted to have her baby with her in prison may, with the permission of the Governor, arrange, at her expense or at the expense of some other person, for the provision of additional articles or food for the baby. (5) In granting permission under paragraphs (1) or (4), and in imposing conditions under paragraph (3), the Governor must take into consideration— (a) the best interests of the baby; and . (b) the ability of the prisoner to care for her baby.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.As above.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?The best interests of the child are always paramount and the circumstances of each case would be assessed and managed on an individual basis.
There is no legal arrangement which foresees any postponement or mitigation of the sentence for pregnant women or women who stay in prison with their children. However, art. 86.4 of the Prison Regulations (Royal Decree 190/1996 of 9 February enacting the Prison Regulations which develop de GPL), regulates a specific life regime which allows an inmate to only stay in the prison centre for the time needed to comply with the activities that have been included in his or her individual treatment programme, including interviews and regular in-person supervision. This specific life regime is applicable to inmates who are in different kinds of exceptional situations such as those undergoing a medical convalescence process, those with particular working or family requirements, as well as pregnant women who are in the 3rd degree life regime. If there is a pregnant woman who is staying in an open regime centre, the formal proposal for awarding her the life regime foreseen by art. 86.4, is made well in advance so that when she gives birth, a decision on her eligibility for art. 86.4 has been issued in time. In this way, it is ensured that the proper care is given to the new-born over the first weeks after birth, which usually entails 16 weeks.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?Children can stay with their mothers in prison until the age of 3. Those mothers who serve the sentence in prison with their children, live in a separate area from the rest of female inmates which is called Mothers’ Unit. Within this area for mothers with their children, there are aspects which are more flexible such as the door between the mother bedroom and her children bedroom is open, they have access to a kitchen so that they can prepare the type of food appropriate to their child’s age, they can also access the kitchen at night to warm up feeding bottles. Also, the prison administration provides everything that these children need while they stay in prison with their mothers such as diapers, clothing, food and feeding bottles. Moreover, the disciplinary scheme is also adjusted, hence mothers staying in prison with their children, pregnant women and women who have given birth up until 6 months ago, will not be sanctioned with solitary confinement nor will be subject to coercive intervention measures. There is a childcare service within the prison centre which is run by staff qualified on childcare that will take care of the children when their mothers are taking part in the activities foreseen in their individualised intervention programme. The Mothers’ Unit is geared to provide an educative environment for children. However, when children reach the age in which they can attend kindergarten, the prison will make the arrangements necessary for these children to exit the prison facilities in order to attend the closest regular kindergarten centre in the community. These are kindergartens which have signed a collaboration agreement with the prison centre. Children attending a regular kindergarten outside the prison facilities are accompanied and overseen by professionals and volunteers who belong to a particular agency or NGO and have been hired specifically to this end. Health care is provided by a paediatric doctor from the public health care system who regularly sees children in the prison facilities. Female inmates who are in the 3rd degree of life regime can be placed, together with their children in a unit which is located outside the prison centre in order to foster a more efficient Integration into the community. This external u nit depends on the Prison but is run by an non-statutory agency. Also, the Management of the prison centre must ensure that mothers provide proper fiscal and emotional attention and care to their children staying with them in prison. Should there be any indicator that the children’s care is not guaranteed, the directorate of the prison will inform the agency responsible for child protection.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.There are no special legal arrangements related to the conditions for the conditional release of pregnant women or women who are in prison with their children.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?Any action or process undertaken by the prison services concerning the children who stay in prison whith their mothers, aims at preserving to the extent possible the child’s bond with their close family network. The fact that the female inmate can stay with her children while serving the prison sentence is a factor that is taken into account when the individual programme with the mother is devised as she enters the prison. The importance of preserving the child’s bond with their close family network will also be a key element when defining the individual programme for the mother. When children reach the age at which they can no longer remain in the prison centre with their parents, the goal will be to find the other parent or any other family relative who can take proper care of the child provided that the mother consents and the needs of the child are met. In case that no family relative can be found who could take care of the child, prison services will refer the case to child protection so that a foster family is found for the time span the mother still has to serve sentence. As a last resort, if no foster family can be found, the child would be placed in a foster care centre.
The joint placement of mother and children is regulated by Act no. CCXL. which allows them to request the postponement of serving a prison sentence.The start of the execution of the imprisonment shall be postponed – without a request, ex officio, too – in the case of a convict who is pregnant over the 12th week, maximum until the end of the twelfth month or who is looking after a baby under 1 year. The jurisdiction of deciding on these matters belong to the chairman judge of the council. If the pregnancy of the prisoner has reached 12 weeks and it is likely that the delivery would take place before the release of said prisoner, they have to be asked whether they want the interruption of serving a prison sentence. During the evaluation of the requests handed in during of after giving birth, care has to be taken to observe the best interests of the baby. Serving a sentence can be interrupted with the permission of the prison governor (maximum of 30 days), the director general (31-90 days), or the minister of interior (over 90 days). Mothers or women expecting a baby can - just as all the convicts - can initiate clemency procedure. The party exercising the right to grant a pardon to the convict can mitigate or reduce the whole or the remaining part of the sentence. If a convicted woman has not started serving a sentence and is looking after a child who is under 1 years or gives birth during serving a sentence, then she may request to be transferred to a mother-and-child unit where their joint placement is allowed. The mother-and-child unit will serve as the designated housing location of those women who give birth to their children during pre-trial detention and grounds for the omission of joint placement do not exist; for women whose children are temporarily housed within this section upon the decision of the relevant court during ordering the pre-trial detention of the mother; or upon request. If the custodian office does not agree with the placement of the mother and child, the joint accommodation shall be terminated. The mother may decide to seek the help of her family or alternatives for looking after their child.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?Mother-and-child unit in Hungary operates within the Bács-Kiskun County Remand Prison. If offers accommodation, alimentation, treatment and care for 20 mothers and their children. For the duration of their stay, mothers are housed together with their infants in order to have them care for them, facilitating the formation of strong emotional bonds. The children can stay within the section until they reach 1 year of age. The section has national jurisdiction, and its management has established a strong professional cooperation with several social and custodial organizations. Within the mother-and-children unit, complete and expansive care is offered to the residents, and they are housed within living rooms instead of cells. Contracted pediatrician conducts visit every week and is available for immediate care should the need arise. Mothers are present during medical examinations and vaccinations.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.There are no differences. The right to decide about this falls under the jurisdiction of the judge.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?If the family of a given mother is capable of taking care of the child, then the child will be transferred under their care. If the said family is incapable of or unwilling to look after the child, then he or she shall be transferred to foster care or a nursery centre. The needs of the child are taken into account when making this decision.
This content is only available to registered members of EuroPris.
According to § 456 of the Criminal Procedure Code, every convicted person can apply reprieve. The reprieve may not exceed four months.
Are there different practices/ rules/ possibilities for the mothers staying with their children in prisons?No.
Are there any special legal arrangements under conditions of conditional release for pregnant women or women staying with their children in prison? If there is, please define in a few sentences.There aren`t any special legal arrangement under conditions of conditional release for pregnant women or women staying with their children in prison. The suspension of the proceedings of prison sentence is valid to all detainees.
After a child reaches the maximum age staying in prison with his/her parent, what processes are implemented for the child? For example, if the child has another parent or relative, is she/he given to them or is the child placed to foster care/orphanage?In the juvenile prison in Neustrelitz, juvenile delinquent mothers can be accommodated with their children. Children are not allowed to be older than 3 years until release of the mother. In addition, the accommodation takes place with the consent of the Youth Welfare Office and the other parent. If the other parent is suitable for the care of the child, it can also be accommodated there. The aim structure (or the backround) is to support the primary socialization of the child within the first three years of life, in order to avoid socialization damage.
This content is only available to registered members of EuroPris.