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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: The Irish Prison Service is conducting a review of the restriction of a prisoner’s daily regime including separation from the general prison population for protection reasons. The separation of a prisoner from the general prison population is allowed under Rule 63 of the Prison Rules 2007 (SI 252 of 2007). To that regard, the Irish Prison Service kindly asks EuroPris Members to reply to the following questions. (Rule 63: of the Prison Rules 2007 (SI 252 of 2007) Protection of vulnerable prisoners 63. (1) A prisoner may, either at his or her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him or her. (2) A prisoner to whom paragraph (1) applies may participate with other prisoners of the same category in authorised structured activity if the Governor considers that such participation in authorised structured activity is reasonably likely to be beneficial to the welfare of the prisoner concerned, and such activity shall be supervised in such manner as the Governor directs. (3) The Governor shall make and keep in the manner prescribed by the Director General, a record of any direction given under this Rule and in particular (a) the names of each prisoner to whom this rule applies, (b) the date and time of commencement of his or her separation, (c) the grounds upon which each prisoner is deemed vulnerable, (d) the views, if any, of the prisoner, (e) the date and time when the separation ceases)
Taking the month of January as time reference: - For safety reasons 295 inmates from a total of 47.606 - For their own protection 130 inmates from a total of 47.606
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?The inmate can ask for protection to the Governor, or the Governor can decide it on security reasons.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?The information is verified by the prison service.
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?The services are the same but the access to work and education services is usually restricted because of the same reasons that lead to the segregation of the inmate (protection or security).
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?The decision of segregation is communicated to the Judge. Also, as fast as possible, the situation of the inmate is studied and the prison service decides what to do. Usually, moving the inmate to another prison, or to another part of the same prison if possible.
In the prison system of the Republic of Croatia, special measures of maintaining order and security may be applied to prisoners who endanger order and security or threats to endangered order and security. The separation of the prisoners is one of the special measures of law and order maintained in law. Observing the population prison in the prison system od the Republic of Croatia, at the annual level for 2019, the same measure was implemented against 2.98% of prisoners.
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?The prison warden or person authorized by him, orders the measure in question to prisoners who threaten order and security or risk compromising the security and order in penal institutions. A special measure of maintaining order and security - separation from other prisoners is carried out according to the prisoner solely according to the order of the prison warden. In addition, challenges are related to the security of the prisoner at his or her own request by being considered and primarily responded to under the principles of selected milder means through an environment of dynamic security.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?The nature of the security threat to the prisoner, or the threat posed by the prisoner to others, is assessed through information obtained during direct work with the prisoner, as well as through information obtained through interagency and interagency cooperation. The procedures for the signing of requests for separation or protection by prisoners have not yet been envisaged and implemented in practice.
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?A special measure of maintaining order and security - separation from other prisoners is done by placing the prisoner in a single room. During the execution of this measure, the prisoner shall participate in all activities established by the execution program that may be carried out in the room where the prisoner is housed.
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?The prison system of the Republic of Croatia does not yet have the tools to assess the subject risks.
Circa 1900 prisoners are on offence related or non-offence related protection. This represents circa 24% of the population.
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?Offence protections would be allocated a protection hall in a prison housing sexual offenders. Non-offence prisoners who request protection are assessed, a case conference held and a decision taken as to the most appropriate allocation Prisoners who are granted protection status are subject to review every 6 months. Prisoners are required to be held in conditions in accordance with their supervision level and appropriate to their needs.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?There is an “Assessment Form for Prisoners Requesting Protection”. This includes the reasons protection being sought (offence, debt, enemies etc.); names of those individuals the prisoner requires protection from; representations from the prisoner; hall manager’s comments after 72 hour review period; intelligence and other relevant information; and hall manager’s comments after case conference review to include supporting rationale for the decision to approve/not approve. There is a flowchart to assist with the completion of the process.
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?Protected prisoners are housed in dedicated protection areas. In most instances protection prisoners have access to services, education and work, but these would usually be undertaken at a time which would not coincide directly with the regime activities of mainstream prisoners held in the same establishment.
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?There is a “Protection Review” form which is required to be completed at every 6 month review. The Personal Officer completes the form indicating whether the original reasons given for protection remain valid and whether there are any new reasons given for remaining on protection. The Personal Officer will also submit any supporting evidence from other information sources and make a recommendation on status – Red (remain on protection): Amber (further work required to ascertain status); Green (can return to mainstream). The case conference review will then consider the evidence, make a decision on status and record the reasons on the form.
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How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?Upon an inmate’s written request for segregation the criminal intelligence officers revise the related circumstances, consequently an inmate may be separated from the general population. Placing of prisoners on protection for their safety is regulated by the provisions of the Criminal Sanctions Enforcement Code.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?Inmates submit written requests for segregation or verbally inform the criminal intelligence officers about possible threats; criminal intelligence officers having evaluated the related circumstances take a decision to not/segregate an inmate. Inmates are placed in cell-type premises segregated from the rest of the population only in cases of proven threat to their safety.
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?Inmates are placed in separate cell-type premises. They have access to all the services set forth in the legislation.
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?We use HCR-20 for the assessment and management of violence risk and OASys as offender risk assessment tool.
On 10 February 2020 the number of prisoners in deprivation of liberty institutions – 3422, about 250 persons from them are segregated.
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?The placement and transfer of convicted persons in a certain deprivation of liberty institution is performed according with Section 132 of the Sentence Execution Code of Latvia (hereinafter – Code), stating that the committee of the convicted persons' placement established according to the order of the Head of the deprivation of liberty institution determines in which section, unit and cell of the deprivation of liberty institution a convicted person will be placed, taking into account the free places in cells, the psychologic compatibility of convicted persons, health status, attitude towards smoking, previous criminal experience. The convicted person who has helped to detect crime of another person and to whom the court, according with the regulations of the Criminal Law, has reduced the sentence of judgment, is separated from other convicted persons, if the convicted person has requested so. If the convicted person is a judge, a person belonging to the judicial system, an employee of the investigation authority, criminal enforcement authority, the state authority carrying out the operational activities, municipal police or other state institutions related to ensuring of state and public security, the ex-employee, spouse or first degree relative, he/she is separated from other convicts. The decision made by the convicted persons' placement committee about the placement of convicted persons, is not disputable and subject to appeal, also, observing the regulations of Part 1 Section 41 of the Code, stating that the basic provisions of the regime in deprivation of liberty institutions shall be: mandatory isolation and supervision of the convicted persons in order that they do not have an opportunity to commit new criminal offences; precise and unconditional fulfilment of the duties set out for them; and various conditions of the regime depending on the nature of the criminal offence committed by the convicted person, his or her personality and behaviour. Part 1 Section 18 of the Code states that convicted persons whose personal characteristics and criminal experience negatively affect other convicted persons or who oppress and exploit other convicted persons shall also be held separately. Clause 13 of the Cabinet Regulation No.423, adopted 30 May 2006 "Internal Rules of Penitentiaries" states that the committee of the convicted persons' placement established according to the order of the Head of the deprivation of liberty institution determines in which section, unit and cell of the deprivation of liberty institution a convicted person will be placed (taking into account the free places in cells, the psychologic compatibility of convicted persons, level of education and health status). The committee decision shall be recorded in the minutes. According with Clause 13 of the Regulation No.423, the placement of convicted persons in cells is within the competence of the administration of deprivation of liberty institution.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?Receiving information about the possible health/security danger of the convicted person from the convicted person himself/herself, other convicted persons or from any other person or institution, information is immediately verified (also, information is verified according with the procedures of the Operational Activities Law). During the verification of information and in case of confirmation, a convicted person may be transferred to another cell of the deprivation of liberty institution, ensuring the isolation from all prisoners or from the certain convicted persons. Due to security reasons, a convicted person may be also transferred to another deprivation of liberty institution.
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?According with the Latvian Prison Administration (hereinafter – Administration) order, a special unit was established in Riga Central Prison and Olaine Prison where detainees and convicted persons are placed, if: they are employees of Administration, Ministry of the Interior, state or municipal police, the Prosecution Office, courts, the Corruption Prevention and Combating Bureau, Saeima and President of the State Security Service or the Constitution Protection Bureau, ex-employees, spouses or first degree relatives of the above mentioned persons; they need reinforced isolation according with the regulations of the Operational Activities Law; security of the convicted person is endangered in other deprivation of liberty institutions. The following isolation categories of convicted persons may be allocated to convicted persons in deprivation of liberty institutions: 1) as determined by the court or criminal prosecutor, "meeting and/or communication restriction" and "isolation from" the convicted person or a person (accomplice, witness, victim etc.) 2) "isolation from everyone" is determined to convicted persons who are placed in Riga Central Prison or Olaine Prison; 3) as requested by Security department of the deprivation of liberty institution, "isolation from everyone" of convicted person (in case of transfer/convoy of convicted person) or "isolation from" a certain convicted person (for security reasons) – while the danger exists.
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?An individual security risk assessment shall be made to every convicted person belonging to a certain risk group and develop a plan to ensure his/her safety by analyzing the following criteria: security danger of the convicted person (risk related to security danger of the convicted person himself/herself); convicted person's disposition to violence against the prison staff, other convicted person and society in general (risk related to the damage of health and life); convicted person's disposition to escape from the deprivation of liberty institution (risk related to the security of society and prison staff); execution of legal requirements of the prison administration, as well as other information about the course of the sentence (relationship with other convicted persons and prison staff etc.) (the existence of disciplinary punishments and their character, as well as the risk related to the violation of legal requirements); committing a new offense in the deprivation of liberty institution, as well as the nature of the offense committed and number of convictions (risk related to relapse) etc. Risk reduction measures may be related to the competence of different sections of deprivation of liberty institutions and envisage also the reinforced control of a convicted person (indicating the types of this control), placing in another cell or transferring to other deprivation of liberty institution, separation from other convicted persons (isolation or partial isolation) for a certain period of time etc.
We do not hold this information, we do not have a specific rule for segregating a prisoner for their own protection.
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?All uses of segregation are in line with Prison Service Order 1700. Prison rule 45 (below) provides a Governor with the authority to remove a prisoner from normal location for a variety of reasons including “own protection”. 45. – (1) Where it appears desirable, for the maintenance of good order or discipline or in his/her own interests, that a prisoner should not associate with other prisoners, either generally or for particular purposes, the governor may arrange for the prisoner’s removal from association accordingly. A prisoner can also request that they are given “own protection” and removed from normal location although the same process is observed.
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?The Prison Service, the Governor, Director and all members of staff concerned have a duty to the prisoner to take “reasonable care in the circumstances” to protect him or her from injury. “Reasonable care in the circumstances” means that prison managers will have to exercise their judgment as to the nature and extent of the threat to justify use of Rule 45 (YOI Rule 49)
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?Prisoners on rule 45 are re-located to the establishment segregation unit. Each prisoner has an individual risk process where access to work/education is assessed. All support services are available to prisoners regardless of their location.
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?Prisoners held on Rule 45 are subject to an initial review on 72hrs and further segregation review boards (SRB) every subsequent 14 days with additional area management oversight on 42 days. SRB’s are multi-disciplinary and include independent monitoring board (IMB) members for complete transparency. The reviews are documented on bespoke paperwork.
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Please see Attachment
How is it determined that a prisoner is in need of segregation from the general population for their safety/protection reasons?Please see Attachment
Does a prisoner in need of protection need to support their request for segregation with appropriate information on the nature of the threat to their safety? How is this information verified?Please see Attachment
Are protected prisoners accommodated in separate areas within the prison system? Do they have access to a full range of supports and services as well as to work and training and/or education services?Please see attachment
What is the process for reviewing? Do you have a Risk Assessment Tool/Matrix?please see attachment
Attachments: