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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: Latvian Prison Administration (hereinafter – LPA) is interested in information about the inmates' farewell procedure with their relatives. This information is important for developing amendments in national normative acts in relation to custody and imprisonment sentence execution. Currently, we are preparing suggestions for the amendments in The Sentence Execution Code of Latvia concerning the inmates' farewell procedure with their relatives and the accompaniment of a prison officer/ convoy to the place of funeral. LPA have idea suggestion to supplement the 492 Section of the Sentence Execution Code of Latvia, stating that "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.". LPA is also interested to review the issue of convoy accompaniment to the funeral for closed prison inmates (for example, prisoners serving at the highest level of the sentence serving regime). Taking into account the above mentioned, LPA would be grateful to receive answers from EuroPris members to the following questions.
They apply for prison leave and they will be taken accordingly.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?They can attend a funeral of parents, brothers or sisters and grandparents only. Yes they are accompanied by correctional officers
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?No all treated equally in this event
First of all, the contact will be possible only if the penitentiary administration has the proof of the reality of the funeral. After the verifications of the documents and the contacts with the relatives, the prisoners would be allowed to call them and with the help of the probation service, ask the judge for permissions.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?The sentenced prisoner can request a temporary absence (articles D. 143-5 of the Code of Criminal Procedure), but this does not constitute not a right and can therefore be denied by the sentencing judge. Any detained person (accused as sentenced) can also request an exceptional exit permit (articles 148-5, 723-6 and D. 147 of the Code of Criminal Procedure). This takes place with an escort composed of police, gendarmes.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?? Yes. Only those sentenced to a prison sentence less than or equal to five years, or those sentenced to a sentence greater than five years who have already served half their sentence can benefit from it (article D.143-5 of the Code of Procedure criminal). The maximum duration of temporary absence for "serious family circumstances" is three days, during which the person is free, without the escort of police or prison staff. In the event of rejection of the request, an appeal to the president of the chamber for the enforcement of sentences may be made within 24 hours of notification of the decision (articles 712-11 and 712-12 of the Code of Criminal Procedure). The JAP, which has received a request for a temporary absence for serious family circumstances, may also decide to grant an escorted exit permit instead. For defendants, the magistrate dealing with the procedure file (investigating judge or trial court) is competent (article 148-5 of the Code of Criminal Procedure). There is no remedy for the defendants. The choice of escort, security measures (handcuffs, shackles) and the degree of surveillance are in principle decided by the head of the escort, possibly on the recommendation of the magistrate (Article 803 of the Code of Criminal Procedure). The decision to submit a detainee to the permanent wearing of handcuffs must be assessed, according to the administrative judge, in the light of "the prisoner's criminal behavior, his dangerousness and the fears of escape", and not on the basis of his sole " criminal situation ”(reason for imprisonment and sentence imposed). The personnel in charge of the escort may in certain cases be exempted from wearing a uniform by the magistrate (article D.147 of the Code of Criminal Procedure). The latter also defines the duration, as well as the concrete terms of the outing. In the absence of specific instructions, the escort leader will decide on the conditions for the outing. In practice, the granting of an exit permit for serious family circumstances is quite rare, due in particular to the cumbersome nature of mobilizing an escort. Detainees are also often reluctant to go out accompanied by an escort to visit a sick relative or go to a loved one's funeral, since the use of handcuffs and / or shackles is in practice almost systematic.
Pre-trial detainees may be granted prison leave up to 5 days due to the funerals of a close a spouse, partner or close relative or a life-threating disease of a spouse, partner or close relative. Inmates, life-sentenced excluded, may be granted prison leave up to 10 days due to the funerals of a spouse, partner or close relative or a life-threating disease of a spouse, partner or close relative.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?A request for a prison leave should be submitted not less than 24 hours before the prison leave. Permission for a prison leave is issued by a prison director. Time of a prison leave is included into a sentence/ pre-trial detention time. All expenses are covered by a pre-trial detainee/ inmate or their relatives. Adult pre-trial detainees are granted a prison leave guarded by prison officers, pre-trial detainees up to 18 years old are escorted. Inmates are granted prison leave either guarded by prison officers or unguarded, sentenced juveniles – only escorted. Adult inmates may be handcuffed. Unguarded inmates may be granted a prison leave with electronic monitoring devices.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?Yes. Life sentenced inmates are not granted prison leave.
The client seeks permission according to the usual procedures. No special permit applies for burials.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?The inmate can get a leave without supervision but also with supervision. A risk assessment is made at each application for a leave.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?Each application for leave is assessed individually. It is crucial what type of crime the client committed and how long the client has served of his sentence.
On written application to the Governor-in-Charge. (See Q2)
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?Escorted day absence 101.—(1) In this rule, “escorted day absence” means a leave of absence granted to a prisoner, under escort from the prison, for a period not exceeding 1 day, to enable the prisoner— (a) to visit a near relative who it appears to the Governor is dangerously ill; (b) to attend the funeral of a near relative; or (c) to attend at any place for any other reason where the Governor is of the view there are exceptional circumstances. (2) On the written application of a prisoner and subject to any direction made by the Scottish Ministers under paragraph (4), the Governor may grant escorted day absence to the prisoner if satisfied that the purpose of the application is genuine and appropriate. (3) Where the Governor grants escorted day absence, the prisoner concerned must be escorted by an officer or officers throughout the period of absence from the prison. (4) For the purposes of escorted day absence the Scottish Ministers may specify in a direction— (a) the criteria about which the Governor must be satisfied before granting escorted day absence; (b) the persons who are to be treated as near relatives of the prisoner; and (c) the proceedings, services or ceremonies which a prisoner may attend for the purpose specified in paragraph (1)(b).
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?Sentence length is not a factor in considering escorted day release.
Finland uses the prisonleave-procedure to enable the prisoners a humane but secure way to say goodbye to their relatives. In normal times (meaning no COVID-19 virus) if a prisoners general leavetime has begun (normally after 2/3 of sentence is served), he/she can apply for a leave of maximum 3 days within two months (all at once or in many parts). He/she can apply these sentence-based leaves (called RP-leaves) also to attend a funeral etc. In at any point of sentence serving, every prisoners also has a possibility to apply for a short important reason-leave (called TS-leave) or a very important reason-leave (called ETS-leave). The important reason-leave (called TS-leave) can be granted for many different reasons conserning a wide variety of situations and events. These type of leaves are short and granted only for the timeline of the reason and its resolution, not any longer. The requirements are the same as explained below in question 3. Given situations can be about work, family (for example a funeral), income, healthcare, housing etc. If it is evaluated that the obedience of the rules of prisonleave is not secure and guaranteed enough, the leave can be declined or granted with necessary supervision. The most compelling prisonleave for the prison authorities is the very important reason-leave (called ETS-leave). In it, it is defined that a prisoner has to be given a short amount of time to leave from prison, with all the necessary supervision as needed, to within Finland go and visit a seriously ill next of kin or other person seen as important, and also attending a funeral or etc. of next of kin or other person seen as important, or for other reasons seen as equally extremely important.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?As explained above, yes there is. They are written in the Prison Law. The leave can be granted with supervision (usually a guard or guards and also with the use of prison transportation) or without supervision. There is also a possibility to use EM (electronic monitoring / tagging) as a compulsory condition for granting of the prisonleave. In case of a funeral the guards can be instructed not to wear the prison-uniform but to dress according to the situation, in civilian clothing.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?The sentence itself or the execution level of it, does not play a significant role in the decision making of a prisoner attending a farewell event, a funeral etc. The following three factors affets the most when deciding how the farewell process is handled. First and foremost important is to have a confirmed reason to leave the prison. The confirmation must come from a reliable source and most often in a written form beforehand that can be documented within the decisionmaking in the prison. In funeral cases normally there has to be a shown connection between the deceased and the prisoner, for example a relationship or family ties. Second, when evaluating the prisoners behaviour (past and present) and all the information gathered of him/her and from his/hers crimes and criminal record, there has to be a certainty and likelihood that the prisoner will obey the general and specific rules of the prisonleave (for example total abstinence). Third, prisoner commits and agrees to any drug control and testing methods in use (before and after) and other necessarily precautions conserning the obedience of the rules of prisonleave.
We treat each such case as exit from the institution accompanied by authorized officers. For each case individually we decide how it will be securely and safely carried out, as well how would be appropriate for the moment. If it is possible we try to organise that inmates attend the funeral of their relatives.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?We go through each individual situation and decide how this exit from the institution will look like. How many prison officers will accompany, if they will be in civil dress or uniformed, we decide if there could be chances of some unsecure moment (for example if there could be some attack or fight among gathered people). We decide if we will take inmate to the funeral or it will be safer to take him/her to say goodbye before or after the funeral. If inmates have already option of exits as benefits it is also option he or she goes alone to the funeral. We had also some rare cases where we decided that it will be better if inmate go after the funeral to the grave and say goodbye.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?Every decision is made in relation with security estimation. It could be that particular inmate is from closed regime and serves long sentence and we still go through the procedure and decide on the basis of security how to execute inmates' farewell procedure.
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In compliance with the provision of Article 27, paragraph 3, of the Italian Constitution (“Punishments cannot consist in treatments contrary to human dignity and shall aim at convicted offenders’ rehabilitation”), the Italian Penitentiary Act enables prisoners to participate in relatives’ or cohabitants’ funerals
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?Prisoners are informed without delay of the death of a family member or of the cohabitant. Article 30 of the Italian Penitentiary Act provides for ordinary or necessity leaves. Such benefit can be granted to any inmate in case of imminent danger for life or particularly serious events of a family member or of the cohabitant. The benefit can be enjoyed with the precautions provided for by the Regulations of enforcement of the Penitentiary Act and, therefore, with an escort in the cases where it is necessary to do so. The leave can be granted to both convicted persons and to prisoners on pre-trial or on remand by the competent judicial authority. A complaint can be lodged when the leave is denied. An escort is always compulsory when the leave is enjoyed during the term to lodge a complaint or where the public prosecutor appealed against the provision granting the leave. In that case, indeed, the complaint does not imply the suspension of the leave. A circular letter of the Penitentiary Administration dated 1997 regulates the arrangements to be taken in case of leaves of necessity. As a rule, the provisions granting leaves shall be executed with urgency, since the penitentiary Administration cannot make a discretional evaluation of the content of those provisions, except the assessment whether the provision is executable, by ascertaining that the Public Prosecutor has not challenged it and that the provision is actually executive. In case of non-compliance of the obligations, where the leave is enjoyed without escort, the offender who re-enters late the prison is punished with a disciplinary sanction, where the delay is between 3 and 12 hours. If the delay exceeds twelve hours, the offender is reported for escape. Please see the annexed files for details about the articles of the Penitentiary Act quoted in this reply.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?See answer n. 2. When a necessity leave is granted to an inmate submitted to the regime provided for by article 41-b of the Penitentiary Act (Maximum Security) or to a High Security inmate, it is always necessary to consult the competent judicial authority, in order to assess the risks connected with the return of the offender in his territory of origin.
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Attendance at funerals is usually granted as a two-man execution, as a guided tour with servants or third parties, or as an unaccompanied tour, depending on the prisoner's relaxation status. The prison director is responsible for the approval.
Is there a specific procedure/regulations in Your country according with which prisoners can attend a funeral? Are they accompanied by a prison officer/convoy?No. There are always individual decisions.
Does the inmates' farewell procedure with their relatives vary depending on different sentence execution levels?Yes. See answer 1.