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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: During COVID-19 traditional conveyance routes, such as visits, have been restricted. It is likely those who seek to convey illicit items into prisons will seek to use alternative routes. One such route is via mail and we are keen to understand the perceived scale of this conveyance route across Europe and any effective counter-measures, particularly digital solutions, that have been deployed to mitigate risk.
Introduction of drug in mail is a problem that has been increased during the Covid crises.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?According to the legislation, the mail is opened in presence of the interested inmate. In this sense, officers can control if the mail contains any prohibited objetc.
What mail are prisoners able to receive digitally e.g. via email?This possibility is not foreseen.
How do prisoners access digital mail? If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?Management of Prisoner Correspondence - Flowchart Vestibule area - incoming mail and packages delivered to establishment. Vestibule staff to count mail, confirm Tracked & Signed for items and record those numbers. All mail to have first x-ray screening at the Vestibule area. All mail to then be picked up by the designated mail administrator and transported to their secure area (DSA). If they are unavailable, i.e. on a Sunday, a manager should pick up and secure mail until administrator is back on shift. Designated Secure Area Mail bag opened in DSA and contents identified as prisoner confidential, general mail or non-prisoner mail. Confidential Correspondence clearly stamped on both sides of the envelope. All mail sorted into smaller bundles (10max) and 2nd screening through x-ray machine to be completed by the mail administrator. If 2nd security screening away from the DSA then mail immediately transported back to DSA. Check all prisoners located in establishment & sort into residential areas. [If any mail is damaged, considered suspect, identified as Confidential Correspondence which was originally thought as general, or for an individual who is no longer in the establishment, refer to SOPs MOPC 02, 03, 04 and 05 for further advice.] Confidential Correspondence inventory signed by mail administrator. Identified manager undertakes secondary assurance within DSA. Photocopy inventories and secures mail in DSA. Packages and non-prisoner mail can now be distributed.
What mail are prisoners able to receive digitally e.g. via email?Rule 54 (2) prohibits digital communication. "(2) Nothing in these Rules gives a prisoner any right to send or receive electronic communications." However, there is an 'Email a Prisoner Scheme' operating in all Scottish establishments for family and friends to email someone in custody. Incoming emails are printed off in paper hard copy and delivered to prisoners. The prisoner cannot email anything back.
How do prisoners access digital mail?Prisoners have no access to digital mail.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?N/A
Regardless of the pandemics related to the COVID-19 disease, we have set up a multi-element system to eliminate the risk of drug conveying through delivered correspondence or parcels. Standardly, all delivered letters and parcels shall undergo a search by a service dog trained in drugs searching. Also, in some of our prisons, the content of letters and parcels can be inspected also by using X-ray. Other element is the authorization of the prison governor or the prison officer determined by him, to look into the correspondence or parcels (the only exception is the correspondence from so called privileged persons – defenders, courts, police force and similar).
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?See the answer to question no. 1.
What mail are prisoners able to receive digitally e.g. via email?At present, inmates do not have the possibility to maintain social contacts through email communication.
How do prisoners access digital mail?See the answer to question no. 3.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?See the answer to question no. 3.
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Yes, in maximum security penitentiaries general mail is considered a potential risk for conveyance of drugs, while legal mail is not considered a risk in that sense. In case of suspicion of sending and receiving illicit substances or things by letter, the letter addressed to the prisoner shall be opened in his presence.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?Legal mail is not considered as a possible route for conveying drugs.
What mail are prisoners able to receive digitally e.g. via email?Prisoners are not able to receive digital mail.
How do prisoners access digital mail?Prisoners do not have access to digital mail.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?Prisoners do not receive legal mail digitally.
Both general and legal mail are considered as a potential security risk for conveyance of drugs.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?Legal mail is checked for illegal items. The context of legal mail is not viewed.
What mail are prisoners able to receive digitally e.g. via email?Legal mail may be received digitally (e.g. USB flash drives) after scanning digital media for pornography or other negative information that could lead to violence. Inmates are not allowed to use email.
How do prisoners access digital mail?Inmates have access to personal computers (without internet) every day and can view their digital information. They can also use computers in computer classrooms as scheduled.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?When legal mail is received digitally, its context is not viewed. The digital media is checked for inappropriate information.
Yes, the Latvian Prison Administration views the mail as a potential security risk for conveyance of drugs.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?According with Section 49 Paragraph one of the Sentence Execution Code of Latvia (hereinafter - Code), convicted persons may send and receive letters and telegrams without restriction as to their number. In order to prevent threats to safety of the prison or public and also the transfer of prohibited objects or substances to convicted persons, the officials of a prison shall examine the correspondence of convicted persons, except for correspondence with addressees referred to in Section 50, Paragraph three of the Code. An official of a prison shall examine the letter addressed to a convicted person, or to be sent to his or her addressee by opening it. If an official of a prison has reasonable suspicions that the content of correspondence may threaten safety of the prison or public, fair regulation of criminal legal relations, rights of other persons or may facilitate committing of a criminal offence, the official of a prison responsible for security shall examine the letter addressed to the convicted person or to be sent to his or her addressee also by reading it. In addition to the above mentioned, Section 49 Paragraph three of the Code states that letters and telegrams addressed to convicted persons or to be sent to their addressees shall be seized if: 1) their content endangers the objectives for the execution of the sentence, safety of the prison and the procedures determined therein; 2) forwarding of the content thereof might facilitate committing of an offence subject to a criminal or administrative punishment; 3) they may jeopardise the rights and interests of another person protected by law; 4) the purpose of the correspondence is the exchange of information between prisoners who have jointly committed a criminal offence. The seized letters and telegrams shall be registered and kept by the official of the prison responsible for security who has been instructed to censor the correspondence. Section 13 Paragraph 5 Clause 1 of the Law on the Procedures for Holding Under Arrest (hereinafter – Law) states that the arrested person has the right to communicate with persons outside the investigation prison by correspondence, whereas Section 28 Paragraph 2 of the Law determines that employees of an investigation prison shall control correspondence of an arrested person, except the correspondence with the addressees referred to in Section 15, Paragraph three of the Law. The official of an investigation prison examines the letter addressed to an arrested person or to be sent to his/her addressees by opening it. If an official of an investigation prison has reasonable suspicions that the content of correspondence may threaten safety of the prison or public, fair regulation of criminal legal relations, rights of other persons or may facilitate committing of a criminal offence, the official of the investigation prison responsible for security shall examine the letter addressed to the arrested person or to be sent to his or her addressee also by reading it. The procedure for the control of prisoners’ correspondence by prison officials of the Administration is determined by the Administration Internal Regulation No.1/10.-n.-4. “Procedures for Checking, Detaining, Issuing, Sending and Recording Information of Arrested Persons’ and Convicted Persons’ Correspondence Subject to Inspection in Prisons” of 2 April 2020 (hereinafter – Regulation). The Regulation Paragraph 2 stipulates that the inspection of a prisoner’s correspondence shall be performed by an official responsible for security in prison who is instructed to censor correspondence (hereinafter – censor). Whereas the Regulation Paragraph 11 states that, if a censor has reasonable suspicions that the content of correspondence may threaten safety of the prison or public, fair regulation of criminal legal relations, rights of other persons or may facilitate committing of a criminal offence, the censor shall examine the correspondence addressed to the prisoner also by reading it, paying a special attention to: 11.1. text (pierced holes, underscores and other signs); 11.2. numbers, graphs, geometric shapes, drawings, pictures; 11.3. letter highlights in the text and spaces between words; 11.4. other features that may indicate about the hidden information in the text. If prohibited items are found in the correspondence, the prohibited substances or the content of the correspondence endangers the objectives of the sentence execution, the correspondence shall be seized, and the relevant act shall be drawn up and presented to a prisoner who signs it. Most frequently the prohibited items, prohibited substances are found in greeting cards, notebooks, under decorative stickers or laminated photos, as well as under stamps, in pens and by impregnating paper sheets. SIM cards are found between notebook pages, in magazines under pictures and in newspapers under pasted pictures. Additionally, it should be noted that, by controlling the correspondence of prisoners, the prison staff can respond in a timely manner to prevent suicide, escape or assault cases on prison staff. It is also useful to point out that during the control of the respective correspondence, prison officials can check whether the data of the person indicated on the envelope coincides with the data of the author of the letter. And, on the contrary, whether the envelope contains the data of one prisoner, but inside the envelope there is a letter from another prisoner intended for transfer to third parties. In addition to the above mentioned, the control of prisoners’ correspondence allows to precisely note and record the amount of letters received/sent to each prisoner, as well as, if necessary, to obtain other operationally essential information.
What mail are prisoners able to receive digitally e.g. via email?In Latvian prisons, e-mail is not available to prisoners, except in open prisons.
How do prisoners access digital mail?Electronic communication is available for communication with state and local government institutions in the relevant e-portal by using their own details.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?Prison administration ensures issuing or presentation of electronic documents if the document has been received to the official e-mail address of the prison.
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Yes, the inspection of mail is allowed if there is a suspicion that objects that the convicted person is not permitted to have in their possession (for example drugs) are being brought in or sent out.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?In the Article 72 of the Enforcement of Penal Sanctions Act inspection of letters is prescribed: »The inspection shall be carried out by a judiciary police officer opening the letter in the presence of the convicted person, whereby the judiciary police officer shall not be allowed to read the contents of the letter. The inspection of letters shall be ordered by the prison governor or another person authorised by the governor.« In the Article 49 of the Rules on the implementation of prison sentences there is additional explanation on the control and inspection of letter items: »A judicial police officer shall supervise letter items visually or by technical means. In case of suspicion that there is an illegal thing in the letter consignment, the judicial police officer shall, on the basis of the order, inspect the letter consignment. The judicial police officer referred to in the preceding paragraph shall draw up a report at each inspection of a letter consignment, stating the name and surname of the sender and recipient, if written on the outside of the envelope, the reasons for the inspection and other findings. The record shall be filed in the convict's personal file. If illicit items are discovered in a letter consignment, they shall be confiscated and handled. If a letter shipment sent to a convicted person by a person with whom he is not allowed to correspond or a shipment for which it is not possible to establish who sent it to the convicted person arrives at the institution, the institution shall inform the convicted person thereof. At the same time, he informs him that the letter will be stored in the institution and will be handed over to him when he is released from serving a prison sentence or transferred to a freer regime. If the sender of the letter item referred to in the preceding paragraph is subsequently identified, the director of the institution shall allow the item to be handed over to the convict, provided that this does not endanger security, order and discipline in the institution and is not contrary to the convict's personal plan.«
What mail are prisoners able to receive digitally e.g. via email?Prisoners are not able to receive mails via email.
How do prisoners access digital mail?/
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?/
The content of the correspondence sent and received by the convict may be subject to censorship. In order to prevent the introduction into the penitentiary, through correspondence, of drugs, toxic substances, explosives or other objects the possession of which shall be prohibited, the correspondence shall be opened by the convict in the presence of the representative of the penitentiary institution, being unread.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?The correspondence of detainees with relatives and other physical or legal persons shall be subject to control or censorship only in cases provided by law and if it is a measure which, in a democratic society, is necessary to defend the order, to prevent criminal offenses, protection of morals and protection of rights and freedom of others persons. The correspondence of detainees is a subject to control or censorship if the penitentiary administration considers that the contents of the letter may threaten the security of the state, the security of the institution, civil servants with special status or other persons, their property or that letter contains information about some facts with a criminal character, as well as if there are reasons to think that there is an illegal element in this. The correspondence of detainees shall be subject to control or censorship under the conditions provided by the Code of Criminal Procedure, but it shall be opened by the convict in the presence of the representative of the penitentiary institution, unread, in order to prevent the introduction into the penitentiary of drugs, toxic substances, explosives or other objects the possession of which is prohibited. The correspondence of the detainee with his lawyer, the law enforcement authorities, the prosecution authorities, the court, the central public administration authorities, with the national or international bodies that ensure the protection of fundamental human rights and freedoms cannot be controlled.
What mail are prisoners able to receive digitally e.g. via email?The current legislation does not regulate what kind of correspondence can receive the detainees in a digital form.
How do prisoners access digital mail?The detainees do not access the digital correspondence.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?The detainees have the right to receive and send on their own account letters, telegrams and petitions without limiting their number in accordance with and under the conditions established by the legislation in force. The current legislation does not regulate the right of detainees to receive correspondence in a digital form and nor the conditions of implementation of this right.
Yes , for general mail
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?a) Our regulations provide, in the Act of Principles on Prison Administration and the Legal Status of Prisoners, 12 January 2005, Art. 55 1st. Letters sent to the detainee may, prior to their delivery, be subject to the control of the director or staff member designated by him. For the purpose of maintaining order or security, this control relates to the presence of substances or objects that are foreign to correspondence. This control does not allow the letter to be read unless there are personalized indications that this is necessary in the interest of order or security. The letter may be read in the absence of the detainee. It's 2. Where this is absolutely necessary for the maintenance of law and order or security, the Director has the right not to pass on to the detainee the letters or substances or objects attached to them. It's 3. If the Director decides not to transmit letters or substances or objects attached to it, the detainee is informed in writing of this decision and the reasons on which it is based. The warden of the prison will pass the drugs on to the police. b) Some kind of mails cannot be opened, because of de people who send the mail. This people are mentioned in the art. 57 of the Act of Principles : (1) the King; (2) the President of the Senate, the House of Representatives, the Flemish Parliament, the Parliament of the French Community, the Parliament of the Walloon Region, the Parliament of the German-speaking Community and the Parliament of the Brussels-Capital Region; (3) Ministers and Secretaries of State of the Federal Government; Ministers and secretaries of state of community and regional governments; (4) the Chairman of the Executive Committee of the SPF Justice, the Director General, the General Councillors and the Regional Directors of the Directorate General on which the prison administration depends; (5) the warden of the prison; (6) the President and members of the Central Council; (7) the month commissioner, the chairman and the members of the supervisory boards; (8) the chairman of the patronage committee of the borough where the prison is located; (9) the presidents of the [1 Constitutional Court]1; (10) the judicial authorities; (11) the first President of the Council of State, the Auditor General near the Council of State, the Chief Clerk of the Council of State; (12) the trustee of the judicial officers and the presidents of the Chamber of Notaries of the borough where the prison is located; (13) the President of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; (14) mediators of the federal government, communities and regions; (15) the stickman of the Order of Lawyers of the borough in which the prison is located; (16) the President of the Higher Council of Justice; (17) [2 the two co-directors of the Interfederal Centre for Equal Opportunity and the Fight against Racism and Discrimination, created by the Cooperation Agreement of 12 June 2013; (18) the mediation service established with the Federal Commission on Patient Rights; (19) the Chairman of the Standing Committee on Police Control. To make use of this possibility, inmates must send their letters to the place where these persons or authorities exercise their office. It's 2. This list of people and authorities can be supplemented by the King.
What mail are prisoners able to receive digitally e.g. via email?Impossible
How do prisoners access digital mail?Impossible
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?Impossible
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1. Yes, a security risk that has increased in connection with the Corona pandemic. Greater risks with public mail than legal mail. At the beginning of the pandemic, the Swedish Prison and Probation Service has decided to ban visits and leave for clients, so letters and mailings have become a common route of entry. Drug dogs searching letters and other items. Employees at institutions that examine incoming letters and mailings.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?2. If there is a suspicion that a legal letter is contaminated with drugs, a decision is made to open the letter, copy the letter, serve the client the copy and send the original letter for analysis in the laboratory. Suspicion can be a positive quick test, a drug dog marks or that an employee reviewing the mail becomes suspicious for other reasons.
What mail are prisoners able to receive digitally e.g. via email?No e-mail for the clients.
How do prisoners access digital mail?No e-mail for the clients
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?No e-mail for the clients.
Yes
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?Envelopes are examined for any signs of tampering etc. There is a procedure in place to allow for the lawful opening of legal mail if there are sufficient concerns that it is not legitimate or contains an unauthorised article/substance.
What mail are prisoners able to receive digitally e.g. via email?Yes though they cannot reply to emails
How do prisoners access digital mail?E mail is sent in by friend if acceptable the email is printed and passed to prisoner
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?This system is not suitable for receiving Legal Correspondence
Every mail package, letter or delivery is a potential security risk for conveyance of drugs to the prison and has to be inspected to some degree. Even official legal mail envelopes or known to be misused by criminals. Finnish prison service views (viewing in this case does not mean that the written content is viewed) both general mail and legal mail, if needed. Inspection of mail packages, letters etc. in prisons are nationally regulated within the finnish Prison Law or also guided by the directives of the Central Administration.
If legal mail is viewed as a possible route for conveying drugs, what measures are in place to mitigate this risk while ensuring legal privilege is not breached?The mitigating measures include the use of prison drug dogs to sniff out all the mail incoming to the prison. Alarming letters etc. are taken into more detailed search by personnel. All letters etc. can also be subject to prison controlled X-ray machine, if needed. At first action, personnel can by means of manual inspection check the letters etc. for any kind of sign that the letter etc. includes more than just paper (this without opening the letter etc.). If alarming sign arise, the letter can be opened by the personnel and the inside can be checked manually (this does not include the reading or coping the written content). For reading and coping content there are specific regulations and conditions that has to be met and also an official separate decision to be made before action. Legal letters etc. are not allowed to read or copied at all, in any case, but other described actions apply to these also.
What mail are prisoners able to receive digitally e.g. via email?The only digital mail can be received through email. Every prison has one prisoner-email address, in which prisoners family, relatives or anyone outside prison can send email to a prisoner. Goal was to make communication possibilities a bit better and also prevent the conveyance of drugs via mail and with that also save personnel’s time for inspecting the mail. This procedure is highly controlled by the prison and only the text part of the email is delivered to the prisoner, so no attachments or pictures etc. is accepted or delivered forward to the prisoner. After receiving the email, personnel check that the prisoner is inside the current prison and then print out the text part of the email, seals it and delivers it to the prisoner. Mandatory information in the email are the prisoners first- and surname and the senders first- and surname.
How do prisoners access digital mail?Basically the prisoner does not access digital mail him- or herself personally at all. Prisoner cannot see the email or get any access to it, he or she only receives the email by paper from the staff and is not capable of answering the email via computer or other digital means.
If legal mail is received digitally, what measures are in place to ensure legal privilege is not breached?The exact same laws and regulations apply to digital mail as to normal mail. So the printing of the email does not include the reading or coping of the written content and as described above legal mail is not allowed to read or copied at all, in any case.