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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In the Netherlands, there were several incidents with detainees on leave. Therefore they need some urgent input on the matter of granting leave from the neighbouring countries. Because there will be all kinds of questions from the media and their house of representatives to answer. Some of these detainees were outplaced in a forensic psychiatric institution. In their system of granting a leave for detainees from prison includes a committee which advises the prison director, who in the end decides whether or not a prisoner is granted leave. In this process they don’t use risk assessment tools. When a detainee is outplaced in a mental healthcare institution the probation office and the general prosecutor gives advice in the granting procedure. They want to have a good look at their system of granting leaves and because of this, they would like to receive your input on this matter. Can you please answer the following questions?
There is no such facility under the Irish system
What are the procedures involved here?Not Applicable
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?Not Applicable
What are the procedures involved here?Not Applicable
Do you use any risk assessment tools? If so, can you provide us with information on them?Not Applicable
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?Not Applicable
Can you provide us the name and other contact details of someone who might answer additional questions?Not Applible
See below.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?This question is not entirely clear. Prisoners who require National Health Service medical attention through a Mental Health Transfer would not be considered on “leave” from the SPS or granted any subsequent "leave" directly from a hospital. Such moves fall under the Transfer for Treatment Directions made under Section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003. Responsibility for the preparation of Mental Health Transfers lies at establishment level, but all paperwork must be copied securely and in confidence to SPS HQ in order for HQ to maintain a database of Mental Health Transfers across the estate and to advise the Parole Unit. Documents relating to Section 136 Transfers are: the Transfer for Treatment Direction (the order that provides legal authority on behalf of Scottish Ministers for the transfer of a mentally disordered prisoner to a mental hospital); the Statement of Particulars; the Medical Reports x2 (one must be completed by an approved medical practitioner); and the Warrants and Sentence Calculation Sheet (or licence revocation details) relevant to the prisoner’s detention.
What are the procedures involved here?See above.
Do you use any risk assessment tools? If so, can you provide us with information on them?Risk Management, Progression and Temporary Release Guidance 2018 provides appropriate advice on processes.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?The above document may be made available in confidence subject to appropriate clearances.
Can you provide us the name and other contact details of someone who might answer additional questions?Requests for additional information should be made in the first instance to Dr James Carnie: [email protected]
Leave to facilitate a prisoner’s adjustment in the community or special leave for particularly compassionate reasons, are usually granted by the prison, where the person is detained. In some cases, e.g. leaves abroad, and leaves for prisoners convicted of terrorism and leaves for prisoners, that are placed at a especially high security unit, the decision is taken by the headquarters.
What are the procedures involved here?According the Act on Imprisonment (Swedish Code of Statutes 2010:610), a prisoner may be granted permission to stay away from prison for a brief period of time (leave) to facilitate his or hers adjustment in the community, if at least a one-quarter of the sentence, but at least two months, has been served, and there is no manifest risk that the prisoner will commit crime, evade the full enforcement of the sentence or otherwise misbehave. A prisoner may also be granted specieal leave for particularly compassionate reasons. For a prisoner serving a sentence of imprisonment of at least four years, a decision by the headquartes regulates the special conditions that are necessary for security reasons concerning placement, leaves and special preparatory release measures. Leave etc. may not be granted in conflict with the special conditions. Authorisation of a stay away from prison shall be combined with any necessary conditions. The prisoner shall be placed under surveillance if this is necessary forsecurity reasons. Electronic devices may be used to control compliance with the conditions imposed.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?The prison also decide if a prisoner, in need of medical care, shall be transferred to a hospital (including psychiatric institutions). In some cases, e.g. when the prisoner is held in a especially high security unit or is convicted for terrorism, the prison must consult the security department of the head office, before the may grant a leave.
What are the procedures involved here?According the Act on Imprisonment (Swedish Code of Statutes 2010:610), a prisoner who needs health or medical care shall be treated in accordance with the instructions of a doctor. If necessary, the prisoner shall be transferred to a hospital. A stay away from prison in accordance with the first paragraph shall be combined with any necessary conditions. If it is necessary for security reasons, the prisoner shall be placed under surveillance. The Act on Coercive Forensic Psychiatric Care (1991:1129) contains provisions on the compulsory psychiatric care of prisoners. The Prison and Probation Service have the authority to order that special restrictions for a particular prisoner shall apply also to a prisoner who has been transferred for voluntary psychiatric care to a medical institution. The special restrictions can apply to i.a. visits, mail and electronic communication. The psychiatric institutions are divided into three different security levels; very high, high and acceptable. Prisoners are often placed in institutions with high or very high security.
Do you use any risk assessment tools? If so, can you provide us with information on them?The Prison and Probation Service uses different risk instruments.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?https://www.kriminalvarden.se/globalassets/om_oss/lagar/fangelselagen-engelska.pdf
Can you provide us the name and other contact details of someone who might answer additional questions?The Catalan prison rehabilitation model foresees different types of leaves which can be grouped into two main categories, permits and leaves. Permit: inmates in 2nd and 3rd grade who have completed ¼ part of their sentence with good behavior are entitled to 36 day or 48 day permits per year respectively. Leave: Inmates in 2nd and 3rd grade can leave the establishment to go to work, attend training and/or treatment activities and visit family members with the aim of promoting their social reintegration. These leaves must be planned and regulated by the Treatment Board (art.86 of the Penitentiary Rules) Weekend leave: The Treatment Board regulates the weekend leaves of those inmates in 3rd degree (open regime) on an individual basis. The maximum length of the weekend leaves that 3rd degree inmates can enjoy is from Friday 16:00 am to Monday 8:00 am (art. 87 of the Penitentiary Rules). A) Concerning permits for inmates in ordinary regime (2nd grade): 1) Permits longer than 48 hours should be granted by the Judge of Penitentiary Surveillance upon proposal by the Treatment Board 2) Permits up to 48 hours should be granted by the Directiorate General of Prison Services B) Concerning permits for inmates in open regime (3rd grade) the ordinary permits (four days per month) should be granted by the Directorate General of Prison Services.
What are the procedures involved here?A) Permit requests made by inmates in ordinary regime (2nd grade) are initially assessed by the Multidisciplinary Team (of the unit or prison centre) who shall: - Review and evaluate its compliance with legal requirements - Review and evaluate its compliance with the criteria of the Permit Preparation Programme - Plan, together with the inmate, the conditions in which the inmate will enjoy the permit - Setting out the grounds on which the permit proposal is based The Multidisciplinary Team submits the proposal to the Treatment Board of the prison which has to assess all permits requests and decides on a favourable or unfavourable permit proposal which in all cases must be duly reasoned. 1) When permits are longer than 48 hours: - If it is positively assessed, then the Treatment Board has to submit the favourable proposal to the Judge of Penitentiary Surveillance for a final decision. - If it is negatively assessed, the Treatment Board will issue an unfavourable proposal. 2) Permits of up to 48 hours: - If it is assessed positively, it is submitted to the Directorate General of Prison Services for its final approval. - If it is assessed negatively, the Treatment Board will issue an unfavourable permit proposal. B) Permit requests (4 days per month max) made by inmates in open regime (3rd grade) are reviewed by the Multidisciplinary Team (of the unit or prison centre) who shall: -Review and assess its compliance with legal requirements. -Review and assess its compliance with the criteria of the Permit Preparation Programme -Assess the level of the motivational program (SAM) accomplished by the inmate. -Plan the conditions in which the inmate will enjoy the permit The Multidisciplinary team submits the permit proposals to the Treatment Board of the Prison which in its turn should: - Assess the list of permit proposals against their respective reports. - Agree on a favourable or unfavourable decision for each of the permit proposals. When favourable, it will be submitted to the Directorate General of Penitentiary Services for final approval - Assess the possibility of linking the permit with the weekend leaves, with the limit of 7 days. - Assess the possibility of fragmenting the permit by granting two in a month within the annual legal limit - Indicating the need for protection measures for the victim
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?The sentencing judge
What are the procedures involved here?According to art. 189 of the Penitentiary Rules, “In order to increase the possibilities of deinstitutionalization of the hospitalized population and promote their reintegration back into their social and family environment, as well as their integration into external health resources, establishments or units, for each patient a general program of rehabilitation activities, as well as individual rehabilitation programs will be established. The application of these measures should not be limited to those who have greater possibilities of work or social reintegration, but should also include those who, although experiencing more difficulties for their reintegration, by undergoing the appropriate treatments, can nevertheless improve aspects such as personal autonomy and social integration.” Art. 190 of the Penitentiary Rules lays down that “The communications of patients with the outside will be set within the framework of the individual rehabilitation program, indicating the number and duration of communications and leaves, the people with whom the patients can communicate and the conditions in which such communications should take place”
Do you use any risk assessment tools? If so, can you provide us with information on them?In the case of inmates in ordinary and open regime, the decision of granting permits and leaves is based in two risk criteria: the risk of committing criminal offenses (mainly in violent crimes) and the risk of breach of sentence. For this purpose, the RISCANVI which is the risk assessment scale is used in a general way applied to the entire prison population. In addition the multidisciplinary teams use other more specific instruments when for the type and seriousness of the offence it is considered necessary. These are: SVR-20: assess the risk of recidivism in crimes of sexual aggression or abuse HCR-20: assess the risk of recidivism in crimes of general violence, murder, homicide and bodily harm SARA: assess the risk of recidivism in crimes of gender violence. PCL: assess psychopathy, and is transversal with respect to the type of crime. - In the case of inmates with security measures in a penitentiary psychiatric centre, the evaluation tools used are exclusively clinical, hence focus on assessing the state of psychiatric disorders associated with the commission of the offense.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?• Penitentiary Law (art. 47.2; art 52.1) https://www.boe.es/buscar/act.php?id=BOE-A-1979-23708&p=20030701&tn=1#acuarentaysiete • Penitentiary Rules (art.104.4; 154 -162) https://www.boe.es/buscar/act.php?id=BOE-A-1996-3307&p=20110326&tn=1#a86
Can you provide us the name and other contact details of someone who might answer additional questions?- all sentences with a total length of more than five years - when a prisoner is not returned voluntary of a granted leave - when a prisoner has tried to escape - when a preventive detention is mandated
What are the procedures involved here?The relaxations may be granted in cases in which it can be justifiably assumed that the prisoners shall not evade serving their prison sentence or abuse the relaxation of imprisonment to commit criminal offences. Relaxations may also be granted to prisoners when there are important grounds, in particular in order to participate in court hearings, to undergo medical treatment, or due to the death or life-threatening illness of close relatives. The risk of absconding an abuse has to be checked and excluded. Furthermore, a substantially addiction has to be excluded and no investigative or criminal proceedings may be pending. In some cases a written psychological opinion is to be obtained. The complete procedure you can see in the attached guideline (in German).
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?In principle the medical govenor of the forensic psychiatric institution grants a leave to the detainees, which are placed in this institution. In some cases a prior hearing of the executing authority is required. And also in some cases the consent of the supervisory authority is needed.
What are the procedures involved here?When deciding whether to grant a leave the medical govenor has to check carefully, whether the number and the personal suitability of the employee for supervision is sufficient to the safety requirements. It is necessary to check whether there are any known pending investigations or criminal proceedings. If this is the case, the subject matter and status of the procedure and the opinion on the proposed relaxation has to be asked at the prosecution. The complete procedures you can see in the attached guideline (in German).
Do you use any risk assessment tools? If so, can you provide us with information on them?A checklist is used to ensure that no required checkpoint is ignored.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?- Guideline to grant a leave for detainees - Guideline to grant a leave for patients
Can you provide us the name and other contact details of someone who might answer additional questions?Mrs. Andrea Hanke Tel.: +49 385 / 588 - 3210 E-Mail: [email protected]
Attachments:
The Prison Governor may grant a prison leave for up to five days, on the ground of an urgent family reasons, in particular the death of close person or the birth of a child, as well as because of the visit of the cultural, awareness raising, sport, educational and spiritual activities or for the purposes of ensuring a smooth transition of the convict (excluding the convicts serving a life sentence) to the civil live. In addition to the granting of the prison leave from the mentioned reasons, a disciplinary reward of a special prison leave for up to five days may be granted to convict (excluding the convict serving sentence in maximum guarding level) as the highest form of a disciplinary reward. Prison Governor shall decide on granting this prison leave, as well. The prison leave can not be granted to the pre-trial detainee.
What are the procedures involved here?Before the first granting of the special prison leave, the pedagogue shall prepare a complex assessment of the fulfilment of the treatment program. On granting the special prison leave shall be notified in advance the competent Police Corps, in whose district the convict will stay during the prison leave. The court that had decided in this matter in the first instance shall be notified on the prison leave as well.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)? What are the procedures involved here? Do you use any risk assessment tools? If so, can you provide us with information on them?At present, we do not have such risk assessment tools but we are considering using them in the future.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?In addition to the standard prison leave (the convict leaving the prison “alone“), the Prison Governor may decide in cases of short-term prison leave that the convict will be accompanied by the prison officer who shall secure guarding or surveillance over the convict during the prison leave. We are just testing an efficiency of the other security element during the prison leave - the electronic monitoring equipment (GPS device and bracelet for movement and residence control). The Prison Governor can impose to the convict the obligation to be controlled by this technical equipment during the duration of the prison leave.
Can you provide us the name and other contact details of someone who might answer additional questions?The head of the unit may grant permission for prison leave with the overall duration of twenty one calendar days. Director of the prison may grant permission to a prisoner for prison leave under supervision of up to three days if it is not possible to grant prison leave to the prisoner arising from the objectives of execution of imprisonment.
What are the procedures involved here?If a prisoner wishes to go to a prison leave, he/she must file an application to the head of the unit who will decide within one month whether permission therefor is granted. The satisfaction of an application for prison leave for attending an extraordinary family event shall be decided within three working days after receiving the application. The head of the unit has the right to refuse to allow a prisoner to go on a prison leave. Prison leave application of a prisoner shall contain prison leave plan, which is taken into account upon deciding on the satisfaction of the application. Prison leave plan shall be drawn up by a prisoner with the help of a contact person. The purpose of prison leave plan is to describe how the prisoner intends to organise during the prison leave his or her work, studies, accommodation and other matters following release from prison. If the prison leave takes place in the case of a family-related event, no prison leave plan is required. For a prison leave under supervision, the prisoner shall submit a written application to the director of a prison. Together with the application for a prison leave, the prisoner shall submit an application for the costs of the prison leave to be withdrawn from his or her personal account.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?Procedure granting leaves to outplaced prisoners is the same as granting leaves to prisoners placed in prison, if the supervision of the prisoner is organised by the prison. For excample, the prisoner is placed in hospital for medical reasons.
What are the procedures involved here?Procedures are the same, as described before (question 2).
Do you use any risk assessment tools? If so, can you provide us with information on them?There are no risk assessment tools used in process of deciding the leave of the prisoners. But we are using the risk assessment (OaSys) for sentence planning and this information is available for decision makers, as any other information concerning prisoner and his/her behavior in prison.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?We do not have any relevant documents to attach, but the following shall be specified in an application for prison leave: 1) the name of the applicant; 2) the reason for the prison leave; 3) the time of commencement of the prison leave and the duration of the prison leave; 4) the exact address of the destination; 5) the names of the persons to be visited; 6) the prisoner’s confirmation that he or she has accessed the terms and conditions of the prison leave and he or she has been warned of the consequences of violation of the time of returning and commission of other offences. If prison leave is applied for in the case of an extraordinary family event, the prisoner shall submit a document certifying the event.
Can you provide us the name and other contact details of someone who might answer additional questions?Ministry of Justice, Republic of Estonia, Prisons Department
According with Section 49.2. Part 1 of The Sentence Execution Code of Latvia (hereinafter – Code), A convicted person who is serving the sentence at the highest level of the sentence serving regime in a partly-closed prison, an open prison or a juvenile correctional institution may, by lodging a written submission to the head of the deprivation of liberty institution, request a permission to temporarily leave the deprivation of liberty institution for up to five twenty-four hour periods due to death of a close relative or a serious illness that endangers the life of a sick person. In addition, Section 78.4. Part 1 of the Code states that, to receive medical care services for personal means in a health care institutions located outside the deprivation of liberty institution, a convicted person who is serving the sentence at the highest level of the sentence serving regime in a partly-closed prison, an open prison or a juvenile correctional institution may, by lodging a written submission to the head of the deprivation of liberty institution, request a permission to temporarily leave the deprivation of liberty institution from one hour up to three twenty-four hour periods. From this we can conclude that the head of the deprivation of liberty institution gives permission to the convicted person to temporarily leave the territory of the deprivation of liberty institution.
What are the procedures involved here?The approval of other institutions or higher institution – Latvian Prison Administration – is not needed for the decision of the head of the deprivation of liberty institution to allow a convicted person to temporarily leave the territory of the deprivation of liberty institution. The Code states the order in which a convicted person in specific cases with the specific requisites and for set period of time can be allowed to temporarily leave the territory of the deprivation of liberty institution. According with the Code, A convicted person who is serving the sentence at the highest level of the sentence serving regime in a partly-closed prison, an open prison or a juvenile correctional institution may, in the cases noted in the Code (death of a close relative or a serious illness, or to receive medical care services for personal means in a health care institutions located outside the deprivation of liberty institution) has the right to lodge a written submission to the administration of the deprivation of liberty institution with a request for a permission to temporarily leave the deprivation of liberty institution for up to five twenty-four hour periods. In the submission referred to in this Section the convicted person shall state the reason for temporarily leaving the deprivation of liberty institution, the place where he or she will stay during his or her temporary leave and the contact phone number if such is available, and shall append all the documents at his or her disposal which confirm the existence of the reasons for the temporary leave referred to in this Section, as well as provide additional information regarding the reasons for the temporary leave to the head of the deprivation of liberty institution. If the permission referred to in this Section is requested by a convicted minor, he or she shall indicate the given name and surname of the adult who will accompany him or her. The head of the deprivation of liberty institution shall, upon evaluating the submission referred to in Paragraph one of this Section, verify the existence of the circumstances referred to in Paragraph one of this Section within three working days and may, having evaluated the possibility of the convicted person of getting to the funeral or visiting the sick relative during the intended temporary leave, the violations committed during previous occasions of temporary leave and returning to the deprivation of liberty institution at the specified time, permit the convicted person to temporarily leave the territory of the deprivation of liberty institution. The head of the deprivation of liberty institution shall not permit the convicted person to temporarily leave the territory of the deprivation of liberty institution if at least one of the following circumstances exists: 1) the convicted person has contracted a dangerous infectious disease in its active form or illness in its acute phase, and has not completed the medical treatment according to the opinion of the medical practitioner; 2) the convicted person has committed an intentional offence during the unserved term of the sentence if he or she has been previously conditionally released from serving the sentence with deprivation of liberty before term; 3) the convicted person had failed to return to the deprivation of liberty institution due to unjustified reasons within the time period indicated in the permit referred to in Section 49.3 and 78.4 of this Law; 4) the convicted person wishes to depart from the territory of the Republic of Latvia. The head of the deprivation of liberty institution shall indicate in the permit referred to in Paragraphs four and five of this Section the time of leaving the deprivation of liberty institution and the time when the convicted person must return to the deprivation of liberty institution. The convicted person may contest the refusal of the head of the deprivation of liberty institution to grant a permission to temporarily leave the territory of the deprivation of liberty institution 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 is not subject to appeal. In the case when a convicted person needs to receive medical care outside the territory of deprivation of liberty institution, the head of the deprivation of liberty institution evaluates the possibilities of the convicted person to travel to the location of the medical care service and to receive the services during the planned temporary leave, violations committed during previous temporary leaves and returning to the deprivation of liberty institution within the set time limit, as well as the opinion of the deprivation of liberty institution doctor about the necessity of the services. The head of the deprivation of liberty institution shall not permit the convicted person to temporarily leave the territory of the deprivation of liberty institution to receive medical care service if at least one of the following circumstances exists: 1) the medical care service is available in the deprivation of liberty institution; 2) the medical care service is available in the Latvian Prison Hospital; 3) the medical care service is available closer to the deprivation of liberty institution; 4) there are no indications in the deprivation of liberty institution doctor opinion that confirms the necessity of the medical care service; 5) the convicted person has contracted a dangerous infectious disease in its active form or illness in its acute phase, and has not completed the medical treatment according to the opinion of the medical practitioner; 6) the convicted person has committed an intentional offence during the unserved term of the sentence if he or she has been previously conditionally released from serving the sentence with deprivation of liberty before term; 7) the convicted person had failed to return to the deprivation of liberty institution due to unjustified reasons within the time period indicated in the permit referred to in Section 49.3 and 78.4 of this Law; 8) the convicted person wishes to receive medical care service outside the territory of the Republic of Latvia; 9) the convicted person being outside the deprivation of liberty institution may endanger the safety of society. The convicted person may submit a complaint about the refusal of the head of the deprivation of liberty institution to grant a permission to temporarily leave the territory of the deprivation of liberty institution to the head of the Latvian Prison Administration. The head of the Latvian Prison Administration reviews the submitted complaint within one month and the decision of the head of the Latvian Prison Administration is not subject to appeal. The administration of the deprivation of liberty institution shall forward the information regarding the convicted person who has been permitted 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 has decided to stay. Such information shall be forwarded immediately after giving of the permission but before the convicted person has temporarily left the deprivation of liberty institution. The time period referred to in this Section, spent outside the deprivation of liberty institution, shall be included in the term of serving of the sentence.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?Please see answer to Question No.4.
What are the procedures involved here?In Latvia there is no temporary leave to detainees outplaced in medical treatment facility or forensic psychiatric institutions, thus there is no set order in which temporary leaves are approved for leaving previously mentioned institutions. In addition, the Code states that a convicted person to whom the head of the deprivation of liberty institution has granted permission to temporarily leave the territory of the deprivation of liberty institution has a duty to return to the institution at the specified time. If a convicted person to whom the head of the deprivation of liberty institution has granted permission to temporarily leave the territory of the deprivation of liberty institution, while outside the territory, suddenly falls ill and is hospitalised in a medical care establishment, and his or her health condition does not permit his or her returning to the deprivation of liberty institution at the specified time, the convicted person or his or her relatives have a duty to immediately notify the head of the deprivation of liberty institution of the illness and the location of the convicted person. Upon receiving the information referred to in Paragraph two of this Section, the head of the deprivation of liberty institution shall, in co-operation with the Latvian Prison Administration and the medical care establishment in which the convicted person stays, decide on the time when the convicted person will return to the deprivation of liberty institution, as well as the possibility of moving the convicted person to the Prison Hospital of Latvia. If a convicted person is unable to return to the deprivation of liberty institution within the time specified in the permit due to objective, unforeseeable or unavoidable circumstances, he or she has a duty to immediately notify the head of the deprivation of liberty institution and to return to the deprivation of liberty institution as soon as possible. The convicted person shall be held liable for failure to return to the deprivation of liberty institution at the time specified in the permit in accordance with the procedures laid down in the Criminal Law regarding evasion from serving of the sentence, except the cases referred to in Paragraphs two and four of this Section.
Do you use any risk assessment tools? If so, can you provide us with information on them?Please see answer to Question No.2.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?There are no special documents or forms. Every case is evaluated individually.
Can you provide us the name and other contact details of someone who might answer additional questions?Valdis Groza, Head of Risk and Needs Assessment Department of the Latvian Prison Administration central board, e-mail: [email protected].
The Prison leave board will grant Prison leave
What are the procedures involved here?The PLB will vet the behaviour and drug related issues. If the detainee was negative and well behaved he will be granted Prison leave for the occasion required
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?It’s the same Prison leave board
What are the procedures involved here?Same as above but PLB will not proceed if there is no clearance from the Psychiatric Doctor
Do you use any risk assessment tools? If so, can you provide us with information on them?No
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves? Can you provide us the name and other contact details of someone who might answer additional questions?Randolph Spiteri – Chief Operation Officer – [email protected]
prison director
What are the procedures involved here?Sentenced prisoners having served ½ of the court imposed sentence, juveniles – 1/3 of the court imposed sentence may be granted permission to go home within the territory of the Republic of Lithuania for three days period once per three months. Travel expenses are covered by a prisoner or his/her next of kin.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?n/a
What are the procedures involved here?n/a
Do you use any risk assessment tools? If so, can you provide us with information on them?no risk assessment tools for prison leaves.
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?Documents in Lithuanian only
Can you provide us the name and other contact details of someone who might answer additional questions?Evaldas Gasparavičius, Head of Security Management Unit, Prison Department [email protected]
- Most prison leave applications are decided by the prison director (or assistant director if the director has delegated the power of decision). - The decision on a prison leave of a prisoner serving a life sentence or a full sentence is made by the Criminal Sanctions Agency Central Administration (unless it has delegated the power of decision to the prison director).
What are the procedures involved here?- A prisoner can be granted a prison leave when two thirds of the prison term has been served or when there is a particularly important reason for it. - A prison leave can be granted if it is likely that the prisoner complies with the conditions of the prison leave. When deciding on the application, all known factors, which might be relevant to the assessment whether the prisoner would comply with the conditions, have to be taken into consideration. If compliance with the conditions cannot be regarded sufficiently likely, the prisoner can be granted a prison leave under escort. - A prisoner can be granted a maximum of three days of prison leave within a two-month-period. - The travel costs of a prison leave can be paid from State funds in certain cases. - If the prisoner complies with the prison leave conditions, the duration of the prison leave is calculated as term of sentence.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?- Leaves are granted by the chief physician who is responsible for the treatment (or another physician responsible if the chief has delegated the power of decision in certain cases). - When the patient is also a prisoner the prison director is informed. If the Criminal Sanctions Agency has stated in the decision to release the prisoner for treatment that leaves outside the hospital are not allowed, the matter will be discussed with the prison director and the state of the prisoner’s health and rehabilitation are taken in consideration. - The National Institute for Health and Welfare decides on letting a patient to mental health clinic supervised period before the final release from the hospital.
What are the procedures involved here?- treatments are planned and carried out multi-professionally, the mental state of the patient is monitored when the patient is allowed to leave the hospital area without supervision, gradually increasing the use of prison leaves depending on the mental state - destination (and usually a contact person) have to be told beforehand and the places of stay, the ways of travelling and the schedule have to be agreed in the hospital - usually the cooperation with the family members and other support network is required - if the destination of the leave is somebody else’s home, the consent of that person is required - the consent of the patient to reveal necessary health-related information to the person with whom the patient is about to stay (family member) - there is no minimum time for granting a leave as is the case during a prison sentence - granting a leave does not require giving a medical report to some other authority, the granted leave is entered in the patient record
Do you use any risk assessment tools? If so, can you provide us with information on them?- various tools are being used - the background information is gathered multi-professionally and continuously both before and during treatment - the same risk assessment tools are used repeatedly: V-RISK (BVS), HCR-20, START - the decision is made based on the gathered information, the information from the assessments, and the individual clinical information: e.g. the significance of the response to medication is individual (is there any and in what circumstances and time limit it vanishes, the patient’s awareness of the harmful effects), the activity of the substance abuse disorder - a systematic use of the assessment tools is important so that no aspects are forgotten – clinical information helps to make the assessment as individual as possible
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves? Can you provide us the name and other contact details of someone who might answer additional questions?Eila Tiihonen, Medical Director, Niuvanniemi Hospital, Gsm +358 295 242 204, E-mail: [email protected]
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1. It is the Minister of Justice (represented by the direction Detention Management) who grants the following modalities for sentence-serving: • Release on temporary licence This modality allows detained sentenced persons to leave the prison for a maximum of 16 hours: o at any time of detention, to defend social, moral, legal, family, educational or professional interests which require their presence outside the prison, or to undergo a medical examination or medical treatment outside the prison; o during the 2 years prior to their conditional release eligibility date, in order to prepare for their social reintegration. • Penitentiary leave This modality allows detained sentenced persons to leave the prison for 3x36 hours per trimester during the year preceding their conditional release eligibility date, in order to maintain and stimulate their family, affective and social contacts and to prepare for their social reintegration. • Interruption of the enforcement of the sentence This modality allows detained sentenced persons to leave the prison for a maximum period of 3 months, which can be renewed, at any time of the detention, in case of serious and exceptional reasons of a family nature.
What are the procedures involved here?2. The procedures are as follows: • Release on temporary licence and penitentiary leave o The sentenced person files an application. o The prison governor issues a reasoned opinion (including, where appropriate, a proposal for special conditions which he considers necessary). o The Minister or his delegate takes a reasoned decision within fourteen working days of receipt of the file (this period can be extended one time by seven working days if additional information is needed). A release on temporary licence is granted if it meets the stated objective(s) and if there are no counter-indications that cannot be overcome by imposing special conditions, namely: ➢ the risk that the sentenced person might evade the execution of his sentence; ➢ the risk that he might commit serious offences during the release on temporary licence; ➢ the risk that he might harass the victims. o A penitentiary leave is granted if there are no counter-indications that cannot be overcome by imposing special conditions (see above). o If a penitentiary leave is granted, the general condition that no new offences may be committed is imposed and, if necessary, special conditions can be imposed as well. o In case of a refusal, the sentenced person may submit a new application at the earliest three months after the decision has been taken (this period may be shortened on the basis of a reasoned opinion of the prison governor). o If the conditions are not complied with or if a counter-indication arises that did not exist at the time the leave was granted, the Minister or his delegate may: ➢ modify the conditions; ➢ suspend the decision (for a maximum period of three months); ➢ revoke the decision. o If the sentenced person is a serious threat to the physical or psychological integrity of others, he may be provisionally arrested. In that case, the Minister or his delegate takes a reasoned decision on the modality within seven days. • Interruption of the enforcement of the sentence o The sentenced person files an application. o The prison governor issues a reasoned opinion. o The Minister or his delegate makes a reasoned decision within fourteen days of receipt of the file and determines the duration of the interruption if it is granted. o The interruption of the enforcement of the sentence will not be granted if there are counter-indications (cf. release on temporary licence and penitentiary leave). o If the sentenced person is a serious threat to the physical or psychological integrity of others, he may be provisionally arrested. In that case, the Minister or his delegate takes a reasoned decision on the continuation within seven days. o In other cases, the interruption of the enforcement of the sentence automatically ends in case of a new detention.
Who grants a leave in your service to outplaced detainees (outplaced in for instance forensic psychiatric institutions)?Not applicable
What are the procedures involved here?Not applicable
Do you use any risk assessment tools? If so, can you provide us with information on them?In its reports (which are drawn up at the request of the prison governor, if he considers he needs one with a view to forming an opinion in the context of the above-mentioned modalities), the psychosocial service of the prison uses risk assessment instruments for certain categories of detainees
Can you attach any relevant documents (preferably in English, French , German or Spanish) about your procedures for granting leaves?Not applicable
Can you provide us the name and other contact details of someone who might answer additional questions?Not applicable