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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: Prisoners in the Irish Prison Service are paid a daily gratuity according to their regime status (basic, intermediate or enhanced) up to a maximum of €15.40 per week. In addition, they can ‘earn’ an Approved Working Gratuity of €0.50 per half day session in an approved work and training activity up to a total payment (including daily gratuity) of €18.90 per week. Monetary transactions for prisoners are managed through an in-house system (PAMS – Prisoner Account Management System) that records the balance on the account for each prisoner and movements in and out of their account. The prisoners PAMS account is not a bank account and is separate from any private bank account(s) that prisoners may operate outside of the prison. Banking arrangements for prisoners funds recorded in PAMS are managed through a central bank account and the prison bank accounts. In the two Open Centres, we also arrange employment for prisoners to work outside of the prison and to earn income in addition to the gratuity payments that are paid by the Irish Prison Service. This is a relatively new initiative for the Irish Prison Service and we are in the process of reviewing our Prison Rules to reflect the arrangement, including allowing for making deductions from the income that prisoners receive from externally-funded employment. To this end, the Irish Prison Service would appreciate the support of EuroPris members in responding to the following questions that will assist us in our current review exercise.
No.
Please explain the type of externally-funded employment undertaken and the typical number of prisoners engaged in each type of employment (estimated annual number). How is the income paid to prisoners for externally-funded employment? What role does the prison have? Is the income processed through the prison ‘accounts’ or to prisoners’ private bank accounts? Are the operating arrangements for externally-funded employment governed by internal policy(ies) and/or Prison Rules? Can you please share any relevant documentation? Do you make any deductions from prisoners’ income earned from externally-funded employment for accommodation, meals, etc.?This content is only available to registered members of EuroPris.
Yes
Please explain the type of externally-funded employment undertaken and the typical number of prisoners engaged in each type of employment (estimated annual number).Offenders are able, following a thorough risk-assessment, to work with a broad range of employers on a full and part-time basis. In the year to March 2019, there was a monthly average of 572 prisoners (out of a prison population of around 83,000) on Release on Temporary License (ROTL). We do not have a figure for the total number of individuals on release annually.
How is the income paid to prisoners for externally-funded employment? What role does the prison have? Is the income processed through the prison ‘accounts’ or to prisoners’ private bank accounts?For the majority of those working on ROTL, the money earned through externally-funded employment is paid into a bank account held with a retail bank in the community. This allows offenders to withdraw money while out on license to pay for travel, food, etc. The employer deducts tax and National Insurance and then sends the remaining net earnings to Shared Services Connected Ltd. (SSCL). SSCL provides HR, payroll and recruitment services, among others, and is a joint venture between the Cabinet Office and IT consultancy Sopra Steria. SSCL then makes deductions (see point 5) and deposits the remaining money into the offender’s bank account. When the offender returns to prison, they are required to hand in their bank card and any cash in their possession to reception. This cash is then credited to a prison account. For those offenders who do not or cannot have a retail bank account (for example, those convicted of certain financial crimes) the money is paid into their prison account.
Are the operating arrangements for externally-funded employment governed by internal policy(ies) and/or Prison Rules? Can you please share any relevant documentation?There are currently two pieces of legislation and two pieces of guidance (one Policy Framework and one Prison Service Instruction) that govern prisoners’ earnings on ROTL. These are: Prisoners’ Earnings Act 1996: https://www.legislation.gov.uk/ukpga/1996/33/contents Prison Rules 1999 – Rule 31a: Latest version with Rule 31a not currently available online. PDF attached. Release on Temporary Licence (ROTL) Policy Framework - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/803957/rotl-pf.pdf Prison Service Instruction (PSI) 76/2011 – Prisoners’ Earnings Act 1996: https://www.justice.gov.uk/offenders/psis/prison-service-instructions-2011
Do you make any deductions from prisoners’ income earned from externally-funded employment for accommodation, meals, etc.?No, we do not make deductions from prisoners’ income for accommodation, meals, etc. Currently, prison governors can deduct up to and including 40% of prisoners’ earnings (after tax, National Insurance and other court mandated deductions), which is then collected centrally and paid to voluntary organisations concerned with victim support or crime prevention or both. The powers to do this come from the Prisoners’ Earnings Act 1996. In practice, this is paid to victims’ charity Victim Support, as per the Prison Rules 1999 Rule 31a. The Prison Rules also set out the threshold above which deductions can be made, the cap on levies deductible by governors (40%) and the legal beneficiaries of the money deducted under the Act. While the Act makes provision for the making of payments into the Consolidated Fund with a view to contributing towards the cost of the prisoner’s upkeep, Prison Rule 31a does not name this as one of the legal beneficiaries of deductions.
According with Section 56.2 Part 1 of The Sentence Execution Code of Latvia (hereinafter – the Code), A convicted person shall be employed for remuneration, if he or she has lodged a written submission to the head of the deprivation of liberty institution and the convicted person may be employed in the deprivation of liberty institution or outside it. According with Section 56.2 Part 2 of the Code, Convicted persons shall be employed for remuneration: 1) in the facility management of the deprivation of liberty institution; 2) at work places created by merchants in the deprivation of liberty institution; 3) outside the deprivation of liberty institution if permitted by the sentence serving regime imposed on the convicted person. In addition, according with Section 4 of the Cabinet Regulation No.63, Adopted 17 January 2012 "Order in which persons sentenced with deprivation of liberty are employed for remuneration" (hereinafter – Regulations No.63), convicted person serving their sentence in open prison and wants to work outside the territory of imprisonment place, will independently search for employment opportunities according with rules set in the Code regarding sentence execution in open prison. After finding work outside imprisonment place, convicted person submits a written application to the Head of the prison where he states the workplace, address and position and asks for the order noted in the Section 7 of the Regulation. According with Section 56.3 Part 1 of the Code, If a merchant which has concluded a cooperation agreement with the deprivation of liberty institution regarding organising employment of convicted persons, seeks to employ a convicted person who is serving his or her sentence in a closed prison or a partly-closed prison, the merchant and the convicted person shall enter into an agreement (hereinafter - agreement) on the performance of work prior to commencing the work. If a merchant seeks to employ a convicted person who is serving his or her sentence in an open prison in an enterprise located outside the territory of the prison, the merchant and the convicted person shall enter into an employment contract prior to commencing the work. According with Section 56.5 Part 3 of the Code, Convicted persons who are serving their sentence in an open prison may be employed according to a written decision of the head of the deprivation of liberty institution, which has been approved by the Latvian Prison Administration, outside the territory of the local government in which the deprivation of liberty institution is located. According with Section 56.16 of the Code, The minimum hourly tariff rate and minimum monthly work remuneration of a convicted person according to the work performed by the him or her and the resocialisation objectives shall be as follows: 1) 50 per cent of the minimum hourly tariff rate and minimum monthly work remuneration determined in the State for the standard working time - to a convicted person serving his or her sentence in a closed prison or a partly-closed prison; 2) equivalent to the minimum hourly tariff rate determined in the State - to a convicted person serving his or her sentence in an open prison; 3) 50 per cent of the minimum hourly tariff rate determined in the State for an adolescent minor - to a convicted minor. In addition, According with Section 56.15 Part 6 of the Code, Work remuneration for a convicted person within the scope of normal working time shall not be less than the amount of the minimum wage stipulated in this Code. Thus, convicted persons are employed in the imprisonment place (maintenance crew) and in the work spaces created by the merchants in imprisonment places, as well as outside imprisonment place, if the prisoner is serving their sentence in open prison. Prisoners who are employed in imprisonment place maintenance crew receive their remuneration from the employer – Latvian Prison Administration. Prisoners who are employed in the work spaces created by the merchants in imprisonment places receive their remuneration from the employer – merchant that has signed a cooperation contract about prisoner employment and has created work spaces in the territory of imprisonment place. Prisoners who are serving their sentence in open prison can work in workplaces outside the administrative territory of the municipality in which the imprisonment place is located; they receive their remuneration from the employer – merchant with which the prisoner has signed a job contract.
Please explain the type of externally-funded employment undertaken and the typical number of prisoners engaged in each type of employment (estimated annual number).Externally-Funded Employment is available to prisoners – with merchants that employ prisoners in prison territory in work space designed by the merchant or in work space owned by the merchant outside imprisonment places, in the cases when it is allowed by the sentence execution regime of the prisoner (serves the sentence in open prison). On 31st December 2018, 874 prisoners were employed, out of which: 424 – in maintenance crew; 450 – in merchant work spaces (out of which 8 were detainees in Ilguciema prison). In 2018 in merchant created work spaces prisoners were employed in sewing factory (in Riga Central prison – Ltd."Niso", in Brasa prison - Ltd."SRC Brasa" ,Jelgavas prison – Ltd. "Sakta LD", Iļģuciema prison – Ltd. "SRC Brasa", Daugavgrīvas prison – Ltd. "Jake"), woodworking factory and wood product production (Daugavgrīvas prison - Ltd "Domsa", Jelgavas prison – Ltd "SC Koks", Valmieras prison – Ltd "Successu" and Ltd "Solidis"), medical equipment (furniture) factory (until 5th February 2019 in Riga Central prison - Ltd "Valis"), auxiliary work in store Ltd "Lenoka" (Riga Central prison, Brasas prison, Iļģuciema prison, Jelgavas prison, Valmieras prison), wrapping work (Daugavgrīvas prison – Ltd "EMIX.PRO") and prisoner catering service (Riga Central prison, Olaines prison – Ltd "ALEKS un V"). In 2018 in merchant created sewing factories there were 230 prisoners, in woodworking and furniture production on average were employed 132 prisoners, in catering service on average were employed 30 prisoners, in auxiliary work on average 15 prisoners, wrapping work on average 11 prisoners, in medical equipment production on average 5 prisoners. Merchants that employ prisoners outside imprisonment place in different ways in 2018 on average employed 43 prisoners.
How is the income paid to prisoners for externally-funded employment? What role does the prison have? Is the income processed through the prison ‘accounts’ or to prisoners’ private bank accounts?The work payment for prisoners that are employed by a merchant, are transferred into State Treasure deposit account of the Latvian Prison Administration. After receiving this payment, the income is registered in the prisoner's personal account (card). In open prisons prisoners are allowed to receive their work pay from merchant directly to their personal account, if they have opened such an account.
Are the operating arrangements for externally-funded employment governed by internal policy(ies) and/or Prison Rules? Can you please share any relevant documentation?Externally-Funded Employment is organized according with the order and requirements as stated in the Code (Chapter Eight "A", "B" and "C"), Regulation No.63 and Cabinet Regulations No.487, Adopted 10 July 2012 "Order in which merchant involvement in imprisoned person employment is organized". Employment for remuneration is organized according with internal normative acts, i.e., in the imprisonment place regulations there are noted the competences of the prison departments and officers regarding the organization of employment, as well as the execution of events and activities connected with employment. Also, in the order signed by the Head of the prison regarding prisoner employment it is noted that there are set duties that need to be carried out when organizing prisoner employment, as well as the tasks of the persons in charge of employment in each imprisonment place.
Do you make any deductions from prisoners’ income earned from externally-funded employment for accommodation, meals, etc.?According with Section 77 and Section 78 of the Code, Convicted persons who are serving sentences in deprivation of liberty institutions shall be provided with: • living conditions in conformity with epidemiological safety and hygienic provisions; • allotted individual sleeping berths and shall be issued bedding; • underwear suitable for the season; • nourishment which ensures normal life functions of the organism; • convicted persons who are serving their sentence at the lowest level of the sentence serving regime in closed and partly-closed prisons shall be provided with the type of clothing and footwear provided for in the internal procedural regulations of the deprivation of liberty institution; • medical services of deprivation of liberty institutions shall provide persons sentenced with deprivation of liberty and detained persons with medical assistance guaranteed by the State to the extent and in accordance with the procedures laid down by the Cabinet; • in addition to the healthcare provided in accordance with normative acts regarding healthcare financing and organization, persons sentenced with deprivation of liberty can receive emergency stomatological care. Taking into consideration previously mentioned, prisoners are fully under state care and from their remuneration no costs are deducted regarding living, meals, primary healthcare, and emergency stomatological care. In addition, in Cabinet Regulation No.739, Adopted 3 September 2013 "Latvian Prison Administration paid service price-list" (hereinafter – Regulation No.739) the price-list for the services performed by the Latvian Prison Administration is listed. The paid services listed in Regulation No.739 are additional services that go beyond the mandatory minimum that needs to be provided for the prisoners. Prisoners have the right to pay for these services from their personal means.
Yes
Please explain the type of externally-funded employment undertaken and the typical number of prisoners engaged in each type of employment (estimated annual number).In Finland, prisoners can go to open prison for normal work with employment (civilians). In addition, prisoners can be employed in open prisons, but they are specifically financed from the State budget. The work on open prisons is carried out by partners. The work is controlled by a partner's foreman. The prisoners in civil work are entitled to pay under the collective agreement. Prisoners are given a salary (open-prison salary) which is bigger than the normal prison salary. The number of prisoners was on average every day 171 (year 2017) and the individuals (different prisoners) were significantly higher during the 2017 period; 930 prisoners. The hourly rate for open prison work (organized by partners) is 4.70 or 5 €/hour
How is the income paid to prisoners for externally-funded employment? What role does the prison have? Is the income processed through the prison ‘accounts’ or to prisoners’ private bank accounts?In civilian employment the employer pays the salary directly to the prisoner but prison requires that the prisoner declare his income in prison. In open prison work the prison pays the salary because the money comes from the criminal sanction of the institution's accounts. The salary is primarily to be paid to the prisoner's private bank account but if there is no such then salary is paid to the prison account. The provisions are in prison law and in the prison decree and in the instructions given by the criminal penalties institution.
Are the operating arrangements for externally-funded employment governed by internal policy(ies) and/or Prison Rules? Can you please share any relevant documentation?The provisions are in prison law and regulation and in the instructions of the Criminal Sanctions Agency, partly in the tax legislation.
Do you make any deductions from prisoners’ income earned from externally-funded employment for accommodation, meals, etc.?Until the beginning of 2018, we made deductions for both the civilian salary and the open prison work salary. (Housing and food). Since the beginning of 2018, reductions have been abandoned. Employer in civil work complies with the normal rules. Taxes are still withheld