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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: Norway has received criticism from both national and international monitoring bodies for the use of solitary confinement and isolation in prisons with a high level of security. In our prisons, there are sentenced persons as well as persons in custody. The criticism is put forward by bodies such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), United Nations Human Rights Committee (CCPR), United Nations Committee Against Torture (CAT) as well as the Parliamentary Ombudsman in Norway. In recent years, the Norwegian Correctional Service has implemented a number of measures in order to reduce the use of isolation and solitary confinement in our prisons. The aim is for all inmates and remanded prisoners to be offered a minimum 8 hours per day in the company with other inmates in high security prisons. Within this context the Directorate of Norwegian Correctional Service has initiated an assessment / feasibility study into how this can be implemented within current regulations, frameworks, staffing and building conditions. In this connection, Directorate of the Norwegian Correctional Service is seeking information regarding experiences and practices of regulations implemented in other countries in order to prevent isolation and solitary confinement.
Spanish Prison General Law and Spanish Prison Rules specify the allowed time spent outside cells. It is necessary to make a difference between ordinary and closed regimes, for which time outside cells is different. No other requirements are stipulated, as long as inmates observe discipline, security measures and rules, as well as internal rules for each prison, totally in line with mentioned Law and Rules. No distinction is made between sentenced inmates and inmates remanded in custody.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.Prison staff tasks are related to observation, implementation of Dynamic security, sharing information and cooperation with treatment staff, as well as promotion of security and custody. These tasks, aimed at the daily working practice of prison officers, are also specified in Prison Rules, according to the expected working competences of staff.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.As for prison staff, education/training is expected in some moments of their professional career: initial training and ongoing training for specific aspects. Thus, staff and prison employees are certainly connected to education and improvement of their competences in most issues: prevention of radicalization, management of inter-personal conflicts, management of inmates with severe mental disease, etc. As for inmates, time spent outside cell is truly connected not only with education, but also with sport activities, intervention programmes and any other activity connected to rehabilitation, as expected in Spanish Prison Rules.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.Criteria for the design of common areas are in line with european standards and international requirements. In this regard, these areas are expected to cover needs of inmates, with room enough for daily life. These spaces, in recently built prisons, are divided into spacious lunch rooms, living rooms, gyms, classrooms, libraries, rooms for ocupational activities, etc.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsThe execution of the sentence, in spanish prisons, is aimed at reintegration into society. For this purpose, imprisonment involves education, professional training, ocupational activities, psycho-social intervention, etc. All these activities are entirely included in national regulations, such as Spanish Prison General Law and Spanish Prison Rules.
Removal from association 95.—(1) Subject to paragraph (2), the Governor may order in writing that a prisoner must be removed from association with other prisoners, either generally or to prevent participation in a prescribed activity or activities. (2) An order under paragraph (1) may only be made where the Governor is satisfied that removal from association is appropriate for one of the following purposes— (a)maintaining good order or discipline; (b)protecting the interests of any prisoner; (c)ensuring the safety of other persons. (3) Where the Governor makes an order under paragraph (1) to remove a prisoner from association in order to prevent participation in a prescribed activity, the Governor may list any number of prescribed activities in the order from which a prisoner is to be prevented from taking part. (4) The Governor must detail in an order under paragraph (1) the following matters— (a)whether the removal from association is— (i)in general, or (ii)in relation to a prescribed activity or activities; (b)if the removal is in relation to a prescribed activity, the activity to which the order relates or, if the removal is in relation to more than one prescribed activity, the activities to which the order relates; and (c)the reasons why the order is being made. (5) An order under paragraph (1) cannot last for more than 72 hours from the time it is made unless an extension has been authorised by the Scottish Ministers in writing in accordance with paragraphs (11) and (12). (6) Where the Governor considers it appropriate to do so, the Governor may— (a)revoke the order; (b)amend the scope of the order from general removal to removal from a prescribed activity or activities; (c)add further prescribed activities to those listed in the order; (d)remove a prescribed activity from those listed in the order if more than one prescribed activity is listed in the order; or (e)apply to the Scottish Minsters before the expiry of the order, to extend the order in accordance with paragraphs (11) or (12). (7) The Governor must revoke an order made under paragraph (1) where the Governor is advised by a registered medical practitioner that it is appropriate to do so on health or welfare grounds. (8) Where an order is made under paragraph (1), the Governor must explain to the prisoner the reasons why the order has been made, if that is practicable, and provide the prisoner with a copy of the written order. (9) A prisoner is entitled to make representations to the Governor— (a)where the Governor is of the opinion that it is practicable to do so, prior to an order being made under paragraph (1); (b)at any time after an order is made under paragraph (1) but before the Governor applies to the Scottish Ministers for an extension to the order under paragraph (11); and (c)as part of the Governor’s application to the Scottish Ministers under paragraphs (11) or (12) to extend an order made under paragraph (1). (10) Representations made by the prisoner under paragraph (9) must be— (a)made in writing by the prisoner or (b)transcribed by an officer or other official on the prisoner’s behalf, and the representations must be taken into account by the Governor. (11) The Scottish Minsters may— (a)on the application of the Governor prior to the expiry of an order made under paragraph (1); and (b)where they are satisfied that it is necessary for one of the purposes in paragraph (2), grant an extension to an order made under paragraph (1), in writing, for a period of no more than one month, to be calculated in accordance with paragraph (13). (12) The Scottish Ministers may— (a)on the application of the Governor made prior to the expiry of any extension granted under paragraph (4) or this paragraph; and (b)where they are satisfied that it is necessary for one of the purposes in paragraph (2), grant any number of further extensions to an order made under paragraph (1), in writing, for successive periods of no more than one month, to be calculated in accordance with paragraph (13). (13) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraphs (11) or (12), the period of the extension shall run until no later than 2359 hours on the day falling one month from the expiry of— (a)the period of 72 hours stated in paragraph (5); or (b)as the case may be, the previous extension granted by the Scottish Ministers under paragraphs (11) or (12). (14) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraph (11) or (12), the Governor must inform the prisoner in writing that the order has been so extended and must, where it is practicable to do so, explain to the prisoner the reasons why the order has been extended. (15) The Governor may allow a prisoner who has been removed from association in general under this rule, to associate with other prisoners for the purpose of engaging or taking part in any number of prescribed activities. (16) Where a prisoner is moved to any other prison, any order made under paragraph (1) in relation to the prisoner by the Governor of the prison from which the prisoner is being moved ceases to have effect but that is without prejudice to the power of the Governor of the prison to which the prisoner is being moved to make a new order under paragraph (1). (17) In this rule, “prescribed activity” means— (a)work required to be undertaken in terms of rule 82; (b)educational classes undertaken in terms of rule 84; (c)counselling provided in terms of rule 84; (d)taking exercise or spending time in the open air in terms of rule 87; (e)recreational activities; or (f)attendance at any religious service or meeting arranged by the chaplaincy team which the prisoner would otherwise have been entitled to attend in terms of rule 44.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.As Q1
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.As Q1
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.As Q1
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsAs Q1
The Internal Rules of penitentiary facilities stipulate that inmates allocated to a disciplinary group should be locked in their accommodation premises (cells). Art. 75 of the Penitentiary Code stipulate that inmates allocated to a disciplinary group have the right to: 1) purchase personal items described in Art. 92.1.3 of the Code; 2) have one short-term visit in 4 months; 3) get and send unlimited amount of mail; 4) have 2 phone calls per month; 5) have 2 hours of outdoor activities per day; 6) inmates allocated to a disciplinary group may be locked.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.Inmates are under continuous supervision by staff and/ or employees or video surveillance in the common areas (dining rooms, etc.). Usually, the supervision is either described in the internal procedures approved by the prison director or depends on the location of the prison guard’s post.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.Requirements: ability to use technical means and special tools
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.The qualitative requirements for the design of common areas for the inmates laid down in the legislation are limited to the specific premises, used only in the penitentiary system, such as short-term and long-term visiting rooms, etc.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsThe inmates’ agenda should strictly regulate their conduct 24/7 and set the time limit for work, leisure, outdoor activities, study and social rehabilitation. Resocialization unit implements a wide range of treatment programs (addiction treatment, secondary school studies, further education upon request, etc.). Inmates are free to choose programs and studies.
The Swedish Act on Imprisonment (Swedish Code of Statutes 2010:610) under chapter Enforcement objectives and organisation section 4, the law says that every prisoner shall be treated with respect for his or her human dignity and with understanding for the special difficulties associated with the deprivation of liberty. Section 5 in the same law states that enforcement shall be devised so as to facilitate the prisoner's adjustment in the community and counteract negative consequences of deprivation of liberty. Enforcement shall, so far as possible and without neglecting the requirement to protect the community, focus especially on measures intended to prevent re-offending. An individual enforcement plan shall be drawn up for each prisoner. Enforcement shall be planned and devised after consultation with the prisoner and in collaboration with the relevant authorities. Section 6 states that enforcement may not entail limitations of the prisoner’s liberty other than those that follow from this Act or are necessary to maintain good order or security. A control or coercive measure may only be used if it is reasonably proportionate to the objective of the measure. If a less intrusive measure is sufficient it shall be used. This is the common stand point for all inmates in prison. Chapter 1, section 6 in KVFS 2011:11 (The Swedish Correction and Probation Service internal regulation concerning prison terms) states that in a prison within security class 1 section (highest level of security) inmates may be locked up in their cells in connection with the night rest during the period 19.00 - 08.00. In addition to the time for locking up and unlocking a ward, an inmate may not be locked up for more than twelve hours per day in accordance with this provision. Lock-in may begin 15 minutes before the time that applies at the institution for lock-in in the cell. Locking up must be completed no later than 15 minutes after the time that applies at the institution for unlocking the cell. (Translation is not official).
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.No, there are no such regulations.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.All staff that work under regular basis and that are going to be permanent employed go through education. Staff working at maximum security prisons also undertake a three week long course in order to be prepared to the conditions that lay at hand at these facilities.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.No such regulations regarding common areas, there are some regarding the inmates cell. Chapter 1, section 17 in KVFS 2011:11 (The Swedish Correction and Probation Service internal regulation concerning prison terms) states that there shall be a chair, a table, a cupboard or shell, a bed, bed equipment, a mirror, a notice board, a mug, an alarm clock, a radio and a device that enables the inmate to regulate the influx of daylight in the inmates cell. (nor officially translated)
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsYes, the Act on Imprisonment (Swedish Code of Statutes 2010:610) states the following: Chapter 1 Section 5 Enforcement shall be devised so as to facilitate the prisoner's adjustment in the community and counteract negative consequences of deprivation of liberty. Enforcement shall, so far as possible and without neglecting the requirement to protect the community, focus especially on measures intended to prevent re-offending. An individual enforcement plan shall be drawn up for each prisoner. Enforcement shall be planned and devised after consultation with the prisoner and in collaboration with the relevant authorities. Section 6 Enforcement may not entail limitations of the prisoner’s liberty other than those that follow from this Act or are necessary to maintain good order or security. A control or coercive measure may only be used if it is reasonably proportionate to the objective of the measure. If a less intrusive measure is sufficient it shall be used. Chapter 3 Occupation and remuneration The prisoner’s right to occupation Section 1 A prisoner shall be given the opportunity to take part in occupation in the form of work, education, training, programmes related to crime and misuse or some other structured occupational activity. Obligation to take part in occupation Section 2 A prisoner is obliged to carry out or take part in the occupation assigned to him or her. A prisoner in receipt of old-age pension in accordance with the Social Insurance Code may not be required to undertake an occupation. A prisoner who has been granted sickness benefit or activity compensation in accordance with the same Code may only be required to undertake occupation of the nature and to the extent that can be regarded as suitable for him or her. A prisoner may not be required to submit to treatment of medical character. Chapter 4 Leisure Time outdoors Section 1 A prisoner shall be given the opportunity to spend at least one hour each day outdoors unless there are exceptional reasons for not providing this opportunity. Recreational activity Section 2 A prisoner shall be given the opportunity of engaging, in some suitable way, in physical or other recreational activity’ Chapter 4, section 1 in KVFS 2011:11 (The Swedish Correction and Probation Service internal regulation concerning prison terms) states that the leisure activities that inmates shall be given the opportunity to engage in shall be of a varied nature. General advise to the section above An inmate should be given the opportunity for leisure activities based on needs that have been identified in the enforcement plan. Inmates should be given the opportunity to borrow simpler equipment for leisure activities, e.g. CD players and headphones, musical instruments and board games. A prerequisite for lending such equipment is that the inmate has not previously manipulated or otherwise damaged loaned property and can not be assumed to do so. Section 2 An inmate shall, through the Swedish Prison and Probation Service, be given the opportunity to buy goods in a kiosk or in a vending machine. Section 4 An inmate shall be given the opportunity to take part of a varied range of literature and public information. Section 5 An inmate shall be given the opportunity to take part in SVT 1, SVT 2 and TV 4. Section 6 An inmate shall in an appropriate manner be given the opportunity to contact a representative of his or her own religion
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In Slovenian regulations, namely the Enforcement of Penal Sanctions Act it states in the Article 43: “The convicted person must be provided with an opportunity to spend at least two hours in the open air each day.” Similar is expressed in the Article 91: “(2) A convicted person sentenced to solitary confinement as a disciplinary sanction shall be entitled to a daily two-hour walk in the open air.” There is no other regulation in relation to standardized requirements for time spent outside the cell.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.We do not have any such regulation which would specify requirements such as continuous supervision by staff and/ or employees in the common areas.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.There are no such criteria connected with education for staff and/ or other employees.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.We do not have any regulations which would specify qualitative requirements for the design of common areas for the inmates.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsThere are no qualitative requirements for the content of the execution of the sentence. Such content is defined in individual sentenced plan.
In accordance with Section 50.4 (Sentence Execution Regime in Closed Prisons) Part 8 Paragraph 5 of the Sentence Execution Code of Latvia (hereinafter – Code), convicted persons serving sentence at the lowest level of the sentence serving regime in a closed prison have the right to have walks or to participate in sports games in the open air for not less than one hour per day
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.In accordance with Paragraph 4 of the Latvian Prison Administration Procedure No.1/12-1 “Procedure for Monitoring of Detainees and Inmates in Prisons” dated 28 February 2007, the continuous 24-hour monitoring of prisoners must be ensured in the prison. The monitoring of prisoners is a set of measures implemented by prison officials with the aim of ensuring compliance with internal rules of the prison (paragraph 2) and the official, while monitoring the prisoners, performs the duties specified in the job description (paragraph 3).
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.There are following criteria related to employee education: • instructors – officials who have been granted the special service rank of student, corporal, sergeant, chief sergeant and junior lieutenant in accordance with the position, at least secondary education is required; • junior officers – officials who have been granted the special service rank of lieutenant, chief lieutenant and captain in accordance with the position, a first level professional higher education is required. • senior officers and higher officers – officials who have been granted the special service rank of a major, lieutenant colonel and colonel and general in accordance with their position, require academic or second level professional higher education. Freelance employees, according to the position held, need professional (at least second level professional qualification), first level professional higher education or academic or second level professional education.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.National normative acts do not set specific quality requirements for the furnishing/design of prisoners’ common areas. In such cases, the general requirements for lighting, ventilation, as well as health and hygiene considerations are observed.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsThe following quality requirements are included in normative acts: 1. with regard to the implementation of educational programs in prisons, it is established that training or the acquisition of general and vocational education shall be organized in accordance with the procedures specified in the normative acts regulating the acquisition of general and vocational education. 2. the employment of prisoners for remuneration and its differences from the practice in the country shall be determined by the Code and Law on the Procedures for Holding Under Arrest (hereinafter – Law). For example, Section 5616 Part 1 of the Code states that the minimum hourly rate and the minimum monthly wage for a convict in accordance with his or her work and resocialisation objectives are: 1) 50 per cent of the minimum hourly rate and minimum monthly wage set for normal working hours in the state for a convict serving a sentence in a closed or partially closed prison; 2) equivalent to the minimum hourly rate set in the state for a convict serving a sentence in an open prison; ) 50 per cent of the minimum hourly rate set for a juvenile in the state – for a juvenile convict. The employment of prisoners regarding the issues that are not stipulated in the Code or Law is also regulated by the Labour Law of the Republic of Latvia. 3. the basic principles and quality requirements for the implementation of psychological assistance activities are identical to those established in the state and they are regulated by the Law on Psychologists. Quality requirements for the implementation of resocialisation programs (social behaviour correction and social rehabilitation programs), incl. requirements for program managers are currently being developed. It is planned to develop the Cabinet Regulation “Procedure for Accreditation and Licensing of Resocialisation Programs" by the end of 2021.
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The legislation of the Slovak Republic enables the inmates accommodated in the cell system of the pre-trial detention and prison sentence execution a walk in the determined open space of the prison establishment lasting at least one hour a day; during the walk, inmates can do the sporting activity. Apart from the time of the walk, the legislation regulates also the time spent outside the cell for juveniles. For the purpose of participation in the education and edifying activities, interest and sport activity, juveniles must spend at least 4 hours outside the cell. Other time that the inmates spent outside the cell depend on their participation in the education, edifying and other interest activities; the extent of the participation in the activities outside the cell is assessed individually regarding the risks and needs of inmates.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.The legislation of the Slovak Republic in the area of the prison sentence execution lays the principle that the higher security level set by the court to the prisoner, the larger is the extent of the restrictions. That is the main requirement for assurance of the control of prisoners; further preventive measures for elimination of the security threat is the individual evaluation of further risks posed by prisoners by the expert staff of the prison facility. For example, in maximum security prisons prisoners generally move under supervision of prison staff. Similarly, the individual evaluation of individual risks by the expert staff of the prison facility is carried out also in case of detainees.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.Each newly recruited prison officer completes the entry professional training (mainly familiarisation with the prison system legislation, training of practical situations, check of physical fitness and the like) that is provided by the internal training institution. During the service relation, the continuing education focuses on the general training and specialized training resulting from the working position requirements.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.The legislation of the Slovak Republic stipulates the minimum accommodation capacity per person and cell or room equipment. The equipment of common spaces determined for realisation of education, pedagogic and edifying activities, therapeutic activities or spaces for realisation of other activities during pre-trial detention and prison sentence execution (spiritual services, catering, activities relating the criminal prosecution etc.) depends on the type of the action implemented. At the moment, the generally binding and internal regulations stipulate only the equipment of the walking yards (adequately aesthetically adjusted space of the prison facility secured according to the security level equipped by a sitting facility and performance of sport activities). In the near term, we plan to define the standards of the material-technical equipment of the spaces determined for the treatment.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsThe legislation of the Slovak Republic stipulates two groups of activities for prisoners executing prison sentence. The first one is an offer of free time activities that the prisoner can choose on his/her own (e.g. sports activity, cultural and edifying programs, interest and special interest groups). The other group are the prescribed activities of the treatment programs that are determined by the prison staff according to the diagnosed risks and needs of the prisoner with the aim to reach a successful resocialisation (e.g. education, labour skills gaining and improvement, therapeutic activities, resocialisation and pedagogic-education programs).
Solitary confinement is foreseen by the General Penitentiary Organic Law 1/1979 (Ley Orgánica 1/1979 General Penitenciaria, hereinafter GPL) as a disciplinary sanction for a very exceptional infringement of the prison disciplinary rules posing an extreme risk to the prison life by sentenced inmates or on remanded custody. According to art. 254 of the Prison Regulations (Royal Decree 190/1996, on 9th of February, hereinafter PR), prior to the enforcement of solitary confinement, a report favourable to impose such sanction on that particular inmate shall be issued and him/her must have been examined by a doctor. Should the inmate suffer an illness, the actual implementation of the sanction must be deferred until s/he is discharged by the doctor. This disciplinary sanction cannot be imposed on pregnant women, women whose pregnancy finished over the past 6 months, breastfeeding mothers and mothers with infants in prison. Solitary confinement must be implemented in the very cell where the inmate is usually placed. Should s/he be sharing the cell with others, s/he should be placed in an individual cell with similar size and conditions. The enforcement of solitary confinement is subject to a number of conditions laid down by art. 254 PR, which defines the terms in which some aspects of the inmate’s rights can be restricted. The inmate that has been punished with solitary confinement is entitled to 2 hours of outdoor time alone. S/he is not allowed to receive parcels from the outside nor to buy products from the tuck shop except for those explicitly allowed by the director of the prison. In addition, the enforcement of the sanction of solitary confinement cannot entail any further deprivations nor rights’ restrictions for the inmate that have not been foreseen by law (e.g. family visits, special visits, access to the radio, tv or newspapers). Should any unlawful restriction of rights be imposed on inmates, s/he will have the right to lodge an appeal before the Prison Supervision Judge. Moreover, the closed regime is the exceptional one, (ordinary and open are the regular regimes). It is imposed only in cases of extreme danger or serious and apparent maladjustment to the ordinary regime. The process required to decide imposing such regime is aimed at ensuring that the rights of the inmate are fully protected and safeguarded. In this respect, every decision made by the prison staff with regard to an inmate on closed regime can be subject to appeal before the competent judge. The closed regime can take two possible forms: 1) Units or centres of closed regime: for inmates who show an apparent maladjustment to the other life regimes in prison; and 2) Special departments: for inmates who have lead or been active part of behaviours that have seriously altered and pose extreme risk for the prison life. Arts. 93 and 94 PR lay dawn the possible gradation of restrictions that can be implemented in the framework of these two closed regime formats, including placement in individual cells, limitation of outdoor time, the number of inmates with whom this time is spent, limitation of the time to participate in activities, regular searches, and strengthened vigilance by prison staff, amongst others. Health care staff must regularly schedule visits to inmates placed in closed regime and subsequently inform the prison director about their health condition. For those placed in special departments, the intervention model and treatment programmes that have to be devised for every inmate shall be adjusted to the actual specificities of the closed regime and shall aim to support his/her gradual adaptation to the ordinary regime. Circular 2/2017 on closed regime in the prison establishments of Catalonia, further describes the specific conditions in which such life regime is carried out. It also details 4 different stages in which the time spent in closed life regime shall be structured in order to gradually foster the adjustment of the inmate to the ordinary regime and promote the behaviour factors conducive to the reintegration into society.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.With regard to solitary confinement, the GPL and the PR establish that the prison doctor will closely monitor the mental and physical health of the inmate subject to it. The doctor shall inform the prison director on a daily basis about the mental and physical health of the inmate. Should the health condition of the inmate deteriorate, the doctor will also inform about the need to suspend or modify the disciplinary sanction. With regard to the ordinary life in prison and in common areas in particular, legislation regards observation of inmates by staff, as a general security measure. Moreover, numerous elements of dynamic security are also in place. Art. 64 PR states that security inside the prison establishments is responsibility of the prison officers who in most of the cases are civil servants of the prison administration. Besides observation and depending on the potential risk the inmate may pose, a gradation of security measures aimed at ensuring safety inside the prison establishments shall be taken, such as counting or searches amongst others. As art. 66 PR states, inmates’ observation seeks to learn about their usual behaviour, activities and movements inside and outside of their unit. It further serves to gain insight into the relationships they build with other inmates. When as a result of observation, prison officers identify facts or circumstances that could be relevant to the treatment of the inmate or to the security of the prison, they shall report to the appointed prison officials.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.Prison officers are in charge of ensuring the security and an orderly coexistence inside the prison. The currently applicable national legislation does not establish any specific training or education requirements for prison officers with regard to solitary confinement. However, in order to become a prison officer as a civil servant, the candidates must seat an official competitive examination that tests their knowledge on a number of topics related to criminal law, prison legislation, criminology, psychology and human rights. Once the candidates have passed this official examination, they will enrol on an internship in the prison setting. Moreover, the Secretariat of Criminal Sanctions, Rehabilitation and Victim Support, provides a range of training courses for prison officers with the aim of supporting their ongoing learning and updating on the practical skills and the theoretic and legal framework applicable to the field. The knowledge and skills on how to enforce and monitor the sanction of solitary confinement while ensuring the preservation of inmates’ safeguards and rights, is included in the compulsory training and education received by prison officers. Instruction 2/2007 of the Secretaria, describes the emergency protocols and procedures that have to be complied with by prison officers in order to reduce the impact of a fact or act that can alter the order or cause harm to people, goods or services within the prison. Such Instruction also describes the emergency protocols and procedures that must be observed in this respect but on a preventive fashion, when it is still possible to prevent an risk to evolve into an actual dangerous disruption of prison life.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.According to art. 11 PR, all prison establishments must have all the facilities and services required to allow an orderly coexistence, the required separation amongst inmates, as well as the implementation of all treatment, training and leisure activities foreseen by law. Therefore, all prison establishments must have the different types of common areas and rooms for inmates to take part in all the activities that are being conducted by the prison staff. The following common areas can be named: classrooms, libraries, indoor and outdoor sports courts and gyms, productive workshops, arts and IT workshops, courtyards, hair salons, kitchens, dining rooms, living rooms and different types of visits rooms amongst others.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsArt. 25.2 of the Spanish Constitution states that “prison sentences and security measures shall be aimed at rehabilitation and social reintegration and cannot consist of forced labour. The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence, the purpose of the punishment and the penal law. In any case, he shall be entitled to paid employment and to the appropriate Social Security benefits, as well as to access cultural opportunities and the overall development of his or her personality.” Namely, the enforcement of prison sentences is aimed at rehabilitation and prison sentences. Therefore, the Spanish prison system provides the inmates with a range of activities, productive workshops, treatment, training and education programmes for them to take part in without having to meet any particular requirement as these are geared to their rehabilitation and social reintegration. In particular, the intervention conducted by treatment professionals with inmates is meant to address the psychosocial factors that have favoured their offending behaviour. According to art. 93. 6 PR concerning closed regime units, the prison administration must devise intervention and treatment programmes adjusted to the requirements of this regime. Such programmes have the aim to support the gradual adjustment of the inmate to life in prison and to foster the behavioural aspects that will be helpful for his/her future social reintegration. The fact that the inmate is being placed in a closed regime unit or complying with a solitary confinement sanction, shall not prevent him/her from taking part in the treatment or training programmes, albeit with the required security measures.
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It is nationally regulated within the finnish Prison Law that each prisoner should have an opportunity for at least 1 hour of exercise (=time outside the cell) each day. Criminal Sanctions Agency´s inner goal for time spent outside the prison cell per day is 8 hours but that is not a law or other defining regulation. This goal is met in most of the prison population, except some closed units in closed prisons.
Do the regulations specify requirements such as continuous supervision by staff and/ or employees in the common areas? Please specify the requirements.No they do not. When prisoners are outside their cell-unit in the common areas or else, they are either monitored by CCTV or personel on site. That is a common practise, not a specific regulation. In the Prison Law it is generally described what supervision in prison means and by what means it can be done.
Are there criteria connected with education for staff and/ or other employees? Please specify the requirements.No they are not. Education is considered to be a separate factor.
Do the regulations specify qualitative requirements for the design of common areas for the inmates? Please specify.Regulations specify what a common area should hold in it and what functions it must be prepare to serve to the prisoners, such as open kitchen and lockers for prisoners personal use.
Are qualitative requirements for the content of the execution of the sentence such as school, job, program, activities, etc. enshrined in the national regulations? Please specify the requirementsQualitative requirements of the execution of the sentence are implemended in the Prison Law. This defines prisoners rights to education, work, rehabilitation programs, free-time activities, etc. Before the actual imprisonment (if remand the process is done in prison) each person is interview and an individual sentence plan is constructed in unison with the person. This sentence plan holds the personal qualitative requirements of each individual execution of sentence.