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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The UK Ministry of Justice has made commitments in the 2021 Prisons Strategy White Paper to deliver an improved adjudications system to improve behaviour management and support a zero-tolerance approach to drugs. Evidence from UK HMPPS research shows that formal punishment systems work best when they are swift, transparent, fair and when used alongside rewards, but that prisoners and prison staff do not experience a swift, transparent and fair response to poor behaviour. We are conducting a whole system review of the Prisoner Disciplinary Procedures - Adjudications (Prison Service Instruction 05/2018) to take this forward and would welcome insights into best practice in other jurisdictions to inform our review. 1 Prisons Strategy White Paper - GOV.UK (www.gov.uk): https://www.gov.uk/government/publications/prisons-strategy-white-paper 2 Prison adjudications policy: PSI 05/2018 - GOV.UK (www.gov.uk): https://www.gov.uk/government/publications/prison-adjudications-policy-psi-052018#:~:text=Rules%20and%20guidance%20for%20prison,to%20have%20broken%20prison%20rules.
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This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
Examples of disciplinary offences: - escape or freeing, - attempt at, preparation for or support of escape or freeing, - violence or threats against other inmates, prison staff or other persons staying in the prison, - harassment of other inmates, prison staff or other persons staying in the prison; especially sexual harassment or harassment due to ethnicity or disability, - possession or use of or other handling with drugs or objects (narcotic utensils, etc.), - refusal without a valid reason to submit a sample for drug control or allow a body search or body inspection, - manipulation of samples for drug control, - infliction of damage, - manipulation of electrical installation, alarm device or other technical equipment, - abuse of alarm device, - repeated refusal to perform or participate in assigned occupation, - possession of unauthorized telephone equipment or other equipment that can be used for communication, - possession of other unauthorized items that may endanger order or security, - unauthorized computer use, and - failure to follow prison staff instructions. The punishment has three levels: - proven mismanagement but no action followed from it - warning - postponement of conditional release
Do you give rehabilitative sanctions to prisoners such as requiring access to support services or completing cleaning tasks on the wing. If so, what are they and for what offences?No
If your sanctions include added days to a prisoner’s time in custody, what is the maximum number of days that can be imposed and for what offences?A person serving imprisonment for a fixed term shall be conditionally released when two-thirds of the sentence, but at least one month, has been served. If the sentenced person seriously violates the conditions for the serving of the sentence in a prison, the date for conditional release may be postponed. Such a postponement may amount to at the most 180 days on each occasion of postponement. The release can although be postponed at several times. The maximum of postponement is set when the fixed term is served.
What evidence do you have on which punishments/rehabilitative sanctions work best for improving behaviour in your prisons?The inmates are obliged to participate in the rehabilitation programs and/or the educations that the Prison and Probation Service assigns them. If the inmate refuses or misbehaves the prison staff are obliged to repeatedly motivate the inmate to participate. If the inmate, despite the motivational achievements, refuses to participate the conditional release can be postponed. The background to the sanctions for not participating in rehabilitation programs and/or education is to increase participation during their time in prison and especially for the inmates with the highest risk of relapse and the lowest motivation to participate. So there is no evidence that the sanctions warning or postponed conditional release will improve their behaviour. The evidence is instead in the risk assessment that is carried out to match the inmates risk to relapse with the best exercise.
What behaviour management policies do you have in place for lower-level rule breaking? If in place, are there any safeguards to ensure these are applied fairly and consistently?When an inmate misbehaves, a report is drawn up, an interrogation is held with the inmate and an investigation is carried out. After this a decision is made. If the inmate have broken the rules/misbehaved he can be given a warning. These warnings are then the basis for decisions on postponed conditional release. The inmate can appeal both decisions (warning and postponement) to the administrative court
Please can you send a copy of (or the link to) your Prison Rules and behaviour management policies?Special obligations during enforcement: To be able to maintain order or security in the institution the inmates must comply to 1. the conditions that apply for the enforcement, 2. the routines that apply in the institution, 3. the instructions given by the staff, and 4. the restrictions that apply to where smoking may take place. An inmate must also show consideration for staff and fellow inmates and contribute to maintaining good order. An inmate may only stay in an entitled area. An inmate may not - without consent use or manage things that may not be received and held in a prison, - manipulate the property of the prison, or - handle personal belongings or the property of the prison in a way that could endanger order or safety. An inmate is required to wear equipment for electronic monitoring. An inmate must keep good order in his/her room and contribute to keeping good order in common areas. An inmate may not smoke indoors. Smoking may take place outdoors at a time and place designated by the Prison Service. An inmate may not gamble with other inmates for money, other objects or with money's value as a bet. These obligations are stipulated in the Prison regulation and the Prison instruction
Disciplinary penalties may be imposed on a prisoner for the violation of the requirements of the Imprisonment Act, internal rules of the prison or other legislation by the prisoner's fault. The following disciplinary penalties may be imposed: 1) reprimand; 2) prohibition of the use of a personal radio, television set or other necessary electrical equipment for up to 45 days; 3) prohibition of one short or long-term visit; 4) removal from work for up to one month; 5) commission to a punishment cell for up to 45 twenty-four hour periods.
Do you give rehabilitative sanctions to prisoners such as requiring access to support services or completing cleaning tasks on the wing. If so, what are they and for what offences?In Estonian prisons, all inmates are required to work, unless a doctor has determined that the inmate is unable to work. In addition to the list of disciplinary punishments brought out in the previous question, it is also possible to conduct a conversation or counseling with the inmate in case of a violation, which is evaluated by the contact person.
If your sanctions include added days to a prisoner’s time in custody, what is the maximum number of days that can be imposed and for what offences?Estonian prisons do not have the right to prolong prisoner’s time in custody when imposing disciplinary punishment.
What evidence do you have on which punishments/rehabilitative sanctions work best for improving behaviour in your prisons?Such research hasn´t been conducted in Estonia.
What behaviour management policies do you have in place for lower-level rule breaking? If in place, are there any safeguards to ensure these are applied fairly and consistently?In the choice of a disciplinary penalty, the objective of the execution of imprisonment shall be considered. Only one disciplinary penalty may be imposed for the commission of one and the same disciplinary offence. It is prohibited to impose collective disciplinary penalties. In case of a first violation, which is not a serious violation, prison stuff will talk with the prisoner. Depending on the severity of the violation, the next punishment may be a reprimand. In the case of a serious violation of discipline, the prison service has the right to place the disciplinary offender in a separate cell prior to the termination of disciplinary proceedings. For the implementation of disciplinary punishments, we use a prisoners´ register, which ensures the immediate implementation and monitoring of the punitive measure.
Please can you send a copy of (or the link to) your Prison Rules and behaviour management policies?Rules and behaviour management policies can be found at this link: https://www.riigiteataja.ee/en/eli/ee/529082022010/consolide/current#para63 (from § 63 until § 651).
The act of execution have a list of breaches in section 40. The Norwegian Correctional Service may impose sanctions pursuant to this provision if inmates wilfully or negligently breach the rules for peace, order and discipline or preconditions and conditions stipulated in or pursuant to this Act. This includes breaches committed during temporary absence from prison or during transportation to and from prison. A decision may also be made to impose sanctions on any person who has been complicit in the breach. The following sanctions may be imposed: • Written reprimand, • loss of daily pay for a specific period of time, • loss of privileges, • exclution from leisure group or other activities for a period of up to 20 days, • loss of entitlement to leave of absence for a period not exceeding four months. All sanctions are due to internal written interviews and reports followed by a decition, which the can be complained to the next level of government ( regional level). The following losses of privileges may be imposed (complete list): - Permission to watch television in the inmate's room. - Permission to have private computer equipment in the inmate's room. - Permission to have a job entailing trust in or outside the prison area. - Permission to make purchases in addition to necessary articles. - Permission to pursue a hobby. The loss may apply until further notice or for a specific period, but not for more than 20 days. This time limit does not apply to loss of permission to have a job entailing trust. The sanctions imposed must be no more intrusive, i.e. stricter, than is necessary for the sanction to achieve its purpose. Unintended effects of sanctions, such as personal injury, must be prevented. Addiotionally to the sanction or as an alternative to a sanction, each prison can develop their set of measures like dialouges and agreements including imlicated parts of a conflict. Staff shall alwas take part in these coversations. The sanctions must seek to adapt to the content of the execution of the sentence in general. In particular, implemented processes related to future planning, participation in program activities and the individual progression.
Do you give rehabilitative sanctions to prisoners such as requiring access to support services or completing cleaning tasks on the wing. If so, what are they and for what offences?See above.
If your sanctions include added days to a prisoner’s time in custody, what is the maximum number of days that can be imposed and for what offences?Prison sanctions can not be added to the verdict or the decition of remand custody.
What evidence do you have on which punishments/rehabilitative sanctions work best for improving behaviour in your prisons?The purpose for the sanctions are to maintain peace, order and discipline in the prisons. There is no evidence which sanctions work best. We try to build good relations to inmates and enhance a positive and normal living milieu in the prison facility. Dynamic security is the standard working premisses for the staff and supports the relations between inmates and staff.
What behaviour management policies do you have in place for lower-level rule breaking? If in place, are there any safeguards to ensure these are applied fairly and consistently?The progressive regimes in many prisons encourages inmates to move from strict security regimes to lower security regimes. Options for inmates to participate in workshops, education, more leisure activities etc, is used to motivate and encourage inmates to behave normal to other inmates and staff. If the behaviour is not accepted, the inmate might be transferred back in the progressive regime-system.
Please can you send a copy of (or the link to) your Prison Rules and behaviour management policies?The act relation to the execution of sentences. See article 2 and 3, 40, https://lovdata.no/dokument/NLE/lov/2001-05-18-21 The regulations relation to thhe execution of sentences. See article 3-37, 3-38, 3-39. https://lovdata.no/dokument/SFE/forskrift/2002-02-22-183
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