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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: In Her Majesty’s Prison and Probation Service (HMPPS) prisoners are categorised by their risk to the public. Category A manages those that pose the highest risk, whilst Category D houses those that have been risk-assessed and deemed suitable for open conditions. Open prisons have minimal security and eligible prisoners can spend their day out on licence carrying out work, education or other resettlement activities. Prisoners who escape from open prisons ‘abscond’; this is an escape that does not involve overcoming a physical security barrier or restraint, such as a wall or fence, locks, bolts or bars, a secure vehicle, handcuffs or the direct supervision of staff. HMPPS is seeking to gather learning on whether other jurisdictions have open prisons (or something equivalent), the measures in place to reduce the risk of prisoners escaping from such conditions, and available data.
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Yes, 16
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?46/2020, 28/2019, 31/2018, 24/2017
What penalty do prisoners receive once recaptured / returning to custody?It is not illegal to escape from prison in Sweden. On the other hand, escape usually leads to a warning and that the person, when he is back in prison, is released later than planned. In addition, the person who escaped is usually placed in a prison with a higher security class. And if those who escape commit crimes in connection with the escape itself, for example threatening someone or using force, they can be convicted for it.
In the Republic of Croatia, penitentiaries or prisons, according to the degree of security and restriction of freedom of movement of prisoners, can be closed, semi-open and open. Penitentiaries or prisons, regardless of the degree of security, may have closed, semi-open and open wards for the accommodation of prisoners. In prison system of the Republic of Croatia, Valtura penitentiary is primarily the only one of fully open type of serving a prison sentence.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?In the last 5 years there has been only one escape (more precisely, non-return from the suspension of the sentence) from Valtura penitentiary, that is primarily the only one of fully open type in prison system of the Republic of Croatia.
What penalty do prisoners receive once recaptured / returning to custody?In accordance with the Law on the execution of imprisonment, escape is considered a disciplinary offense, and appropriate disciplinary measures are initiated against the prisoner once recaptured / returning to custody. After the disciplinary proceedings, the prisoner usually loses all benefits and is sent to continue serving his sentence in closed conditions. The time spent on the run by a prisoner is not counted at the time of execution of the prison sentence.
Yes. We have what we call Centros de Inserción Social (CIS), open prisons for inmates in open regimen. Generally, these inmates must stay only 8 hours in the open prison. The aim of open prisons is to improve social contacts, so that inmates have the possibility of using the rest of their time inside ordinary society.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?2016 234 2017 227 2018 188 2019 242 2020 236 2021 (until 03-06-2021) 96
What penalty do prisoners receive once recaptured / returning to custody?The penalty usually goes from 6 months to one year of prison.
In Bulgarian penitentiary system there are 19 open prison hostels established. Each open prison hostel is a unit, which belongs to a prison.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?For the period 2016-2020 there are 14 escapes from Bulgarian open prison hostels, as follow: for the period 2016-2017 there are 8 escapes; in 2018 there is 1 escape; in 2019 there are 3 escapes and in 2020 there are 2 escapes from Bulgarian open prison hostels.
What penalty do prisoners receive once recaptured / returning to custody?In the Bulgarian Penal Code (PC), there are general and special articles, which define the sanction when a prisoner escapes from prison. The general article 297, (PC) regulates that when a prisoner who escapes shall be punished by deprivation of liberty for up to three years. The next articles are special and regulates cases when for the purpose of escape the prisoner has resorted to undermining, pulling down and destruction of walls, doors, windows and the like, the punishment shall be deprivation of liberty for up to five years. In cases where prisoners who have conspired to escape through joint efforts shall be punished by deprivation of liberty for up to two years. Where the prisoners have proceeded with fulfilment of the contemplated escape the punishment shall be deprivation of liberty up to five years.
According with the Sentence Execution Code of Latvia, a custodial sentence shall be executed in a closed prison, a partly-closed prison or an open prison, or in a juvenile correctional institution. In open prisons, convicted persons shall live in hostel-type premises. The residential and maintenance premises may be fenced off without external security but convicted persons shall be supervised. Other requirements which must be fulfilled by convicted persons in open prisons shall be included in the internal rules of procedure of the prison.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?Number of prisoners who left the prison territory arbitrarily or escaped: in 2016 – 3, incl. 2 of them escaped; in 2017 – 1 in 2018 – 3, incl. 2 of them escaped; in 2019 – 1 in 2020 – 1 in 2021 – 0.
What penalty do prisoners receive once recaptured / returning to custody?According with Section 310 of the Criminal Law (hereinafter – Law), for a person who escapes from a place of short-term detention or prison, the applicable punishment is the deprivation of liberty for a period of up to one year or temporary deprivation of liberty, or community service, or a fine. While, for the commission of the same acts, if they are related to violence, or threats of violence against the prison guards or other officials of a place of short-term detention or prison, or if they have been committed by a group of persons, the applicable punishment is the deprivation of liberty for a period of up to five years or temporary deprivation of liberty, or community service, or a fine, with or without probationary supervision for a period of up to three years. In 2016, two criminal proceedings were initiated in Investigation Department of the Latvian Prison Administration in accordance with Section 310 of the Law. In 2017, one criminal proceedings were initiated, while no criminal proceedings were initiated in the period from 2018 to 2021 under Section 310 of the Law.
In accordance with the provisions of Article 197, 249 para. (1) of the Enforcement Code, according to the court decision, the inmates serves their sentence in an open prisons. Currently, such a type of penitentiary does not exist in the system, but according to the provisions of MJ's order No.339 of 15.05.2018, at present, an open-type sector is created in each prison institution for holding major male inmates.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?During the years 2016 - 2021, from the respective sectors, that are part of the penitentiary institutions, escaped 4 inmates.
What penalty do prisoners receive once recaptured / returning to custody?According to the provisions of art. 204, para. (7) of the Enforcement Code, in case that the inmate escapes from the penitentiary, the competent service of the penitentiary and that of the National Administration of Penitentiaries ensures the search for the inmate. If the convicted person was not detained within 48 hours, the prison administration shall immediately notify the court in whose jurisdiction the penitentiary is, a request for his search, but not later than 24 hours. The Court’s conclusion regarding the search of the inmate shall be executed by the internal affairs body on the territory of whose, the place of residence of the inmate and / or the penitentiary institution is located.
In Lithuania we have open colonies and half-way houses. Inmates sentenced for up to 1 year for negligent offences and intentional crimes serve their sentence in open prison colonies. Low risk inmates who qualify for conditional release from a penitentiary facility may be transferred to a half-way house where inmates are prepared for release.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?2021 – 18, 2020 - 9, 2019 - 4, 2018 - 1, 2017-1
What penalty do prisoners receive once recaptured / returning to custody?In case of escape/ unlawful absence a pre-trial investigation is launched (usually an inmate shall be punished by a custodial sentence for a term from 4 to 7 months). Inmates once recaptured / returning to custody shall be punished by disciplinary sanctions.
Yes, prisoners assigned for prison sentence execution to a minimum security prison can be placed to a closed prison (“classic” prison building) or to an open unit. Prisoners can be placed to the open unit immediately after performance of the entry diagnostic examination (if the placement to the open unit is reasoned by the current state of the personality of the prisoner who is serving the sentence for minor non-violent offences) or after serving a part of the sentence in the closed prison upon proposal of the expert prison staff. An obstacle of the placement of the prisoner to the open unit is e.g. non-performance of the protective treatment ordered by the court, previous escape from pre-trial detention or prison sentence execution, repeated serious infringement of the prison house rules or pending criminal proceedings in another case. Prison sentence execution in open unit is characterized mainly by (a) free movement of the prisoner in the open unit premises (neither rooms nor dormitories are locked), (b) the possibility to obtain a permission for free movement outside the open unit up to 48 hours, (c) the use of one´s own civil clothes, (d) more frequent visits and the possibility of their realisation outside the open unit premises, (e) unrestricted phoning. Currently, ca 7% of all prisoners assigned to the minimum security level is serving the sentence in open units.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?During the last five years, two prisoners absconded from open units (one in 2016 and one in 2018).
What penalty do prisoners receive once recaptured / returning to custody?Prisoner who defeats or significantly impedes the enforcement of the decision of the court or another public authority in the criminal proceedings in the way that he/she e.g. escapes from a prison building (regardless of whether it is a closed prison or open unit) commits the crime obstructing the enforcement of an official document for which the court can impose another prison sentence up to five years.
Yes. HMP Castle Huntly also known as the Open Estate
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?Absconds and Failures to Return 2020-21 Not yet available 2019-20 5 2018-19 5 2017-18 12 2016-17 13 2015-16 12
What penalty do prisoners receive once recaptured / returning to custody?An individual would be returned to closed conditions where a disciplinary hearing would be held.
We have two open prisons on the Dutch-speaking side (in Hoogstraten and in Ruiselede) and two open prisons on the French-speaking side (in Marneffe and in Saint- Hubert).
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?2015: 12 escapes: 9 from an open penitentiary institution (7 in Marneffe, 1 in Hoogstraten and 1 in Ruiselede); 3 from a closed penitentiary institution (Antwerp, Jamioulx and Merksplas). 2016: 6 escapes from an open penitentiary institution (4 in Marneffe, 1 in Hoogstraten and 1 in Saint-Hubert). 2017: 20 escapes: 15 from an open penitentiary institution (7 in Marneffe, 4 in Hoogstraten and 4 in Saint-Hubert); 5 from a closed penitentiary institution. 2018: 20 escapes: 18 from an open penitentiary institution (8 in Marneffe, 5 in Saint-Hubert, 3 in Hoogstraten and 2 in Ruiselede); 2 from a closed penitentiary institution (Dinant and Lantin). 2019: 22 escapes: 14 from an open penitentiary institution (7 in Marneffe, 6 in Ruiselede and 1 in Saint-Hubert); 8 from a closed penitentiary institution (5 in Turnhout, 1 in Namur, 1 in Tournai and 1 in Ypres). 2020: 3 escapes: 1 from an open penitentiary institution (Marneffe); 2 from a closed penitentiary institution (Wortel). 2021: Thus far, there has only been one escape from an open penitentiary institution (Flanders and Wallonia combined).
What penalty do prisoners receive once recaptured / returning to custody?The regulation does not make a distinction between open and closed penitentiary institutions in terms of escapes. At present, escaping as such is not punishable in the Belgian Criminal Code. However, when doing so involves the commission of crimes, then those crimes can be punished criminally. For example: if a detainee commits violence or takes someone hostage while escaping, he can be punished criminally for those offences. Once apprehended and reincarcerated, the detainee can be punished disciplinarily for the escape. Regulation: the Basic Law of 12 January 2005 concerning the prison system and the legal position of detainees (in Dutch: https://www.ejustice.just.fgov.be/cgi_loi/change_lg_2.pl?language=nl&nm=2005009033&la=N). (This is also included in the prisons’ rules of procedure, in the general chapter XVI concerning discipline. This rule book is made available to each detainee). Article 129, °8, of the Basic Law stipulates that escaping or participating in an escape is deemed a first category disciplinary offence. Attempting to escape and to participate in an escape is also punished the same way as the disciplinary offence itself (article 131 of the Basic Law). In that case, the following disciplinary punishments are possible (article 132 and following of the Basic Law): - General disciplinary punishments (article 132 of the Basic Law): These disciplinary punishments can be imposed without there having to be a connection with the disciplinary offence: o reprimand with registration in the register for disciplinary punishments; o restriction or denial, for a maximum period of thirty days, of the right to purchase certain canteen items, with the exception of toiletries and the items necessary for correspondence; o isolation in the accommodation allocated to the detainee for a maximum period of thirty days; o confinement in a punishment cell for a maximum period of nine days or for a maximum period of fourteen days in the event of hostage-taking. - Special disciplinary punishments (article 133 of the Basic Law): These disciplinary punishments may be imposed for a maximum period of thirty days, provided that there is a connection with the nature or circumstances of the disciplinary offence: o denial of the right to possess certain objects; o denial or restriction of the right to use the library facilities, without prejudice to the right of the detainee to obtain information from the library that is intended for a course he is taking or that falls under the right to freedom to manifest religion or belief; o denial or restriction of contact with visitors from outside the prison; in the case of the persons mentioned in article 59, § 1, the punishment consists of the organization of visits in a room equipped with a transparent partition wall between the visitors and the detainee; o denial or restriction of the right to make telephone calls mentioned in article 64; o prohibition to take part in collective cultural, sporting or leisure activities; o prohibition to participate in collective work; o prohibition to participate in collective training.
In our country there are Agricultural Penal Institutions, where prisoners are transfered there for work with a beneficial sentence calculation,in accordance with the current conditions.
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?Please see table in attachment #1
What penalty do prisoners receive once recaptured / returning to custody?Please see document in attachment #2
Attachments:
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Most of Austrian prisons have specialised departments of loosened imprisonment (“gelockerter Vollzug”, § 126 Austrian Penitentiary Code (“Strafvollzugsgesetz, StVG”)), as well as some prisons have departments for inmates working daily outside the prisons (“Freigänger”, § 126/3 StVG). Secondly mentioned departments are in some prisons inside the main buildings, in other prisons they are separated from the main building. Section 126 StVG provides for the following: (1) Prisoners serving terms of imprisonment shall be held in a relaxed form in the penal system, provided that facilities for such enforcement exist, that such facilities are thereby best utilized, and that it is to be expected that the prisoners will not abuse the relaxed form. (2) In detention in a relaxed form, the prisoners shall be granted one or more of the fol-lowing relaxations: 1. Detention without locking the day rooms or even the gates during the day; 2. Restriction or elimination of guarding at work, including outside the institution; 3. Leaving the institution for the purpose of vocational training and education or for the purpose of receiving outpatient treatment measures; 4. One or two exits within the meaning of Section 99a per month also for purposes other than those specified (max. 12-48h e.g.to visit a relative or another person particularly close to prsioner who is critically ill or injured, funeral, etc.) therein. (3) An order requiring a prisoner to perform work outside the prison without being under guard and not for a business enterprise belonging to the prison (Freigang) may be issued only with the consent of the prisoner. In this connection, as well as in the cases referred to in subsection 2(3) and (4), the time at which the prisoner is to return to the institution shall also be specified. (4) Prisoners detained in the penal system in a relaxed form may also be permitted to participate in an outing in a small group and accompanied by a person working in the pe-nal system. During these outings, prisoners may wear their own clothes. Prisoners who are granted lock-ups under subsection 2(2) and (3) may also be permitted to take outdoor exercise (section 43) outside the prison. (5) The decision as to whether a prisoner is to be held in a loosened form in the penal system shall, without prejudice to section 134 (classification of prisoners by the Federal Ministry of Justice), be made by the prison governor, who shall apply section 99(5), third sentence, mutatis (Insofar as this appears expedient a statement of the Assessment and Evaluation Center for Violent and Sexual Offenders shall be obtained prior to the decision and its revocation.) and, insofar as this is necessary to prevent abuse of the loosenings, shall permit them subject to conditions and requirements and shall order means of electronic supervision pursuant to section 99(5) mutandis, last sentence (to order, according to necessity, appropriate, technically suitable means of electronic supervision).
How many prisoners have absconded (i.e. escaped) from open prisons in the last 5 years (2020/2021, 2019/2020, 2018/2019, 2017/2018, 2016/2017)?Please see Attachment
What penalty do prisoners receive once recaptured / returning to custody?Escaping from a prison is not punishable by criminal law but is punished as an administra-tive offense with a disciplinary penalty. According to § 109 StVG, only one or more of the following measures can be considered generally as penalties for administrative offenses within the prison system: 1. The reprimand 2. The restriction or withdrawal of benefits 3. The restriction or withdrawal of the rights to dispose of house money, TV reception, correspondence, reception of visitors or phone calls 4. The fine 5. The house arrest In general, after escaping and being/having recaptured/returned to custody, the inmate will receive the penalty of a (strict) house arrest. According to §§ 109, 114 StVG, the punishment of simple or strict house arrest may only be imposed, if aggravating circumstances prevail. House arrest cannot exceed four weeks. During the period of house arrest, the prisoner is to be held in a special individual room. During this detention, the prisoner lacks the rights specified in § 109 (3) StVG and the priv-ileges granted to him, unless, in the case of simple house arrest, some of these rights or privileges to achieve the educational purpose of the punishment are expressly maintained in the sentence. When moving outdoors, the prisoner must be kept separate from others. The prisoner may only be engaged in work that can be done in his/her room. If strict house arrest is imposed, at least one of the following measures must be ordered in the penalty for the duration of the house arrest: 1. Limitation of the time in which the de-tention room is artificially lit, 2. Withdrawal from work (§ 114 StVG). Furthermore, the time of escape is not included in the time of imprisonment.
Attachments: