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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 its last visit to Hungary, the CPT made a number of observations about the various security practices used by the Hungarian Prison Service. As our organisation is constantly looking for the latest technologies and the most advanced and safest practices possible, we would like to turn to our European colleagues /jurisdictions to implement their best practices and solutions successfully in our daily service.
Medical examination of inmates and detainees is carried out by medical staff, in almost all cases. Prison staff can be present only if there are security considerations of any risk is posed. Intimacy is always respected.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?These equipments are available in ordinary prisons but the use of such measures, such as fixation, must be studied, ordered by prison authorities and medical staff need to approve it. Also, restriction of movements (bed fixation is a perfect example) must last the least possible time, must be informed to inspection department and it is considered the last option when risks for prison staff and the individual are absolutely clear.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?Windows are equipped with ordinary bars and, only in isolation units, the ceiling of yards has a kind of iron net to ensure security.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Body search is usual and needs to be done to avoid forbidden items. It is delivered by prison staff, with full respect for privacy and it is considered an ordinary security measure.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?Direct physical contact is not only possible, but in fact common and natural during family visits and/or intimate visits. Single rooms are available for even 6 visitors at the same time.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?The Spanish Prison Rules (1996) have a whole chapter for disciplinary procedure, including the description of sanctions and how these must be carried out. Solitary confinement is one of those sanctions. It is limited in time and needs to be informed to Surveillance Judge, depending on the duration.
No other personnel present, the Irish Prison Service employ Doctors and Nurses directly or on a retained contract.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?The Irish Prison Service do not secure prisoners to furniture as this is prohibited. Prisoner/patients are handcuffed to prison officers.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?Yes the Irish Prison Service designed windows that facilitate sufficient natural light and ventilation but cannot be opened, thereby inhibiting items being thrown out or passed in via windows. These window are and will be standard in all prisons.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Yes on initial committal and if warranted on security basis thereafter. 2 staff must be present of the same gender as the prisoner.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?Physical barriers are not used as the norm. Prisoners can have minimal physical contact if approved by the Governor of the prison. Prisoners can earn more family friendly visiting arrangements through a policy of acceptable behaviour and engagement with services. Prisoners and families can be restricted to screened visits on the basis of drug screening indications or possession of contraband in the prison.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?Disciplinary sanctions are outlined in the Prisons Act 2007, and an Irish Prison Service Policy on guidelines for disciplinary sanctions. Solitary confinement is not used as a sanction save in most exceptional circumstances and there are strict limits on that confinement.
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see below
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?Answer to questions 1 & 2 When generating escort risk assessments, the following must be taken into consideration. • Graham Judgment (2007) - UK High Court Considers Handcuffing of Prisoners with Medical Conditions | Human Rights Law Centre (hrlc.org.au): https://www.hrlc.org.au/human-rights-case-summaries/r-on-the-application-of-graham-v-secretary-of-state-for-justice-2007-all-er-d-383-nov • Makes the distinction between the risk of escape (and the risk to the public) when fit, and those risks posed by the same prisoner when suffering from a serious medical condition. • States medical opinion regarding the prisoner’s ability to escape must be sought and included in the risk assessment. • States the use of restraints on a prisoner receiving chemotherapy (or other lifesaving treatment) is degrading and inhumane unless justified by other relevant considerations. • Requires that each decision is properly considered, according to the all the information relevant to each individual case. • Requires that a fresh risk assessment be conducted each time the prisoner needs to attend outside hospital in order to establish the level of restraints to be used during transportation to/from the hospital, and during the prisoner’s appointment or stay in hospital. An escort risk assessment must be completed for all prisoner movement outside of the establishment with exception of those being escorted by escort contractor services. An escort risk assessment must also be in place for those prisoners who are admitted into hospital (bedwatch). Restraints will not be routinely used in the following circumstances, although restraints should always be carried on an escort in case of a change of demeanour from the prisoner resulting in violent, refractory behaviours or an attempt to escape. • A tetraplegic or paraplegic prisoner must not be handcuffed under any circumstances without the personal approval of the HMPPS Chief Executive Officer (PGD in LTHSE). This approval must be sought for each time the prisoner is to undergo an external escort unless the HMPPS Chief Executive Officer (PGD in LTHSE) states otherwise for an individual prisoner • When prisoners are being moved to open conditions • On a mentally disordered prisoner who is subject to an order or direction for compulsory detention under the mental health act, unless the Governor, with agreement of a healthcare professional, directs that restraints must be used because the prisoner poses a security risk • If the prisoner’s medical condition or advanced age or physical impairment renders restraints inappropriate. Restraints will not normally be necessary for example, when mobility is severely limited, e.g., due to advanced age or disability unless there is intelligence to suggest that an escape attempt may be made Should the need to remove restraints arise during routine procedures, such as non-emergency medical treatment, the final decision to remove the restraints must be taken by the duty governor after discussion with escorting and if necessary, the clinical staff at the prison and/or hospital.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?Answer to follow
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Searching of the person is a key procedure in preventing escape/abscond and conveyance of illicit items. The Searching Policy Framework, published in October 2022, supports prisons by providing the searching requirements and guidance needed to maintain high levels of security and maintain a secure and stable environment for staff and prisoners. Searching of the person levels include full search (removal of clothing and visual observations), rub down searches (removal of outer clothing only, contact search over clothing and visual observations) and the use of technical aids to assist searching procedures (metal detectors and scanners). There is widespread understanding that some prisoners attempt to intentionally undermine HMPPS’s security searching methodologies by hiding unauthorised and illicit items on their bodies and in their clothing. National media outlets often report that dangerous and illegal drugs and other items are conveyed into prisons using this method of concealment. Evidence shows that illicit items are routinely conveyed into establishments. Searching of the person alongside the use of technical aids has been identified as effective in both preventing and identifying these routes of conveyance.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?The Security of Visits Policy includes reasonable physical contact between a prisoner and their visitors should be permitted, subject to security considerations and any public protection measures that may be in place. A notice should be clearly displayed advising prisoners and visitors of any local policy regarding physical contact and the consequences of non-compliance. Reasonable physical contact should be accepted as; Prisoners are allowed to stand (where they are able) to embrace their visitor at least at the beginning and at the end of the visit unless they are on closed visits or subject to other restrictions. Prisoners should be allowed a greater level of contact with their children or a young family member during the visit, subject to any concerns about risk to the child. Children are not permitted to spend prolonged periods sat on a prisoner’s lap. Where rules around physical contact are consistently breached, establishments will address this by: • Verbal warnings • Termination of the visit • Incentive warnings for prisoners • Warning letters to visitors ‘Closed Visits’ cannot be implemented based on breaches of physical contact rules unless there is evidence of conveyance or attempted conveyance, as set out in the visit banning sections of the policy. When it is justified under Prison Rule 34 (YOI Rule 9), visits may take place in a special or closed visiting room or a similar closed environment in order to restrict physical contact. The term “closed visits” applies to any form of visit where the prisoner and visitor are prevented from having any form of physical contact and prevented from passing any item or engaging in any other unauthorised behaviour. This is most often achieved with a physical screen or barrier but may also be achieved through strict supervision in a “non-contact” visit.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?HMPPS should not hold prisoners in solitary confinement under any circumstances. Solitary confinement is defined as being locked up more than 22 hours a day without meaningful contact/purposeful activities. On the finding of guilt, a Governor may award punishments including: loss of privileges; stoppage of earnings; removal from a wing; or cellular confinement (CC). A full list of punishments and limits to their duration can be found in the attached policy PSI 05/2018 Prisoner Discipline Procedures (Adjudications Annex B). For serious cases where a Governor considers they merit additional time in custody, they can refer charges to Independent Adjudicators, who are District Judges or Deputy District Judges, to consider a punishment of additional days. Punishments can also be suspended. HMPPS does not hold prisoners in solitary confinement under any circumstances. Solitary confinement is defined as being locked up more than 22 hours a day without meaningful contact and purposeful activities. We do not consider a punishment of CC to be solitary confinement. Prisoners serving CC have access to all normal privileges other than those incompatible with the punishment. Before deciding a punishment of CC, a prisoner would be checked by a doctor or registered nurse to provide any medical advice to the Governor which might mean that cellular confinement would not be a suitable punishment. CC does not apply to Children and young persons (under the age of 18 at the time of the offence).
Generally, a guard is not present during a medical examination. A guard is present during a medical examination in exceptional cases when there is reason to suspect the aggressive behavior by the detainee.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?As a rule, when escorting a detainee, handcuffs or both handcuffs and legcuffs are used to restrain the detainee. In a hospital setting, special restraining bindings are also used to restrict the detainee´s movement, which are attached to the detainee´s bed (this measure is more comfortable for the detainee). In general, restraint measures are only removed during escorting upon a doctor´s request. If a detainee is in inpatient care, and restraint measures are used for an extended duration, the limb to which the restraint is attached is changed at certain intervals. Restraint measures are not used on pregnant detainees and when taking them to give birth.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?In general, the windows of the cells have bars on the outside. In the case of a shatterproof cell where it is essential to prevent the detainee´s access to the glass, the bars are placed on the inside of the window. In Estonian prisons, the windows of the cells are generally not openable (with the exception of Tartu prison, where there are ventilation hatches), and detainees cannot throw things out of the window.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Strip searches are applied to detainees after long-term visits, when coming from the work zone, after escorts outside the prison, as well as in cases of justified suspicion. Detainees undress in two separate parts, the upper and lower parts separately. Visitors coming for long-term visits are strip searched only in cases of justified suspicion. The visitor always has the right to refuse the search, but in case of refusal, the visitor will not be allowed to the meeting. The search shall be conducted by a prison service officer of the same gender as the detainee or the visitor.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?In Estonia, there are three different types of visits: a) Long-term visits in a separate room lasting up to 24 hours – physical contact is allowed. A prisoner shall be allowed to receive long-term visits from his or her spouse, father, mother, grandfather, grandmother, child, grandchild, adoptive parent, adoptive child, step parent or foster parent, step child or foster child, brother or sister. Long-term visits from a cohabitee shall be allowed on the condition that they have common children or at least two years of cohabitation prior to commencement of serving the sentence. b) Short-term visits lasting up to 3 hours in a separate room without a glass partition – physical contact is not allowed. Surveillance is conducted through cameras, and in case on violation, the meeting is terminated. The same individuals who are allowed for long-term visits are permitted for these visits as well. c) Short-term visits lasting up to 3 hours – during the meeting, the visitor and detainee are separated by a glass partition.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?According to the law, the following disciplinary penalties are applicable in Estonian prisons: a) reprimand; b) prohibition of the use of a personal radio, television set or other necessary electrical equipment for up to 45 days; c) prohibition of one short or long-term visit; d) removal from work for up to one month; e) commission to a punishment cell for up to 45 twenty-four hour periods. Young prisoners may be committed to a punishment cell for up to 20 twenty-four hour periods. In accordance with the existing agreements, regardless of the limit allowed by law, a detainee is not kept in solitary confinement for more than 15 days, and a young prisoner for more than 5 days. The law is under amendment, and in the future, a detainee cannot be placed in punishment cell for more than 14 days, and a young detainee for more than 3 days. We would like to add that in the choice of a disciplinary penalty, the objective of the execution of imprisonment shall be considered and only one disciplinary penalty may be imposed for the commission of one and the same disciplinary offence.
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Prisoners’ health examinations and consultations with medical staff take place individually and in a separate room (medical treatment room). During the medical examination, prisoners are not handcuffed and they are not physically separated from the medical person. Respecting the prisoners’ right to privacy during the medical examination, the officer is located outside the room, in the hallway of Medical section, to perform visual surveillance of the prisoner. The possible visual control of prisoners at the open door of the medical treatment room may be permitted, unless the medical person decides otherwise, taking care of his own safety as well as assessing the individual behaviour risks of each prisoner, in order to prevent them from committing new criminal offenses. Taking into account the above mentioned, privacy is ensured to prisoners in prison during the reception of a medical person. Prisoners can freely discuss the issues they are interested in with a medical person, without the presence of officials of Supervision Department in the medical treatment room. The officials of Supervision Department perform a continuous supervision of prisoners (as stipulated by normative acts), as well as ensure the safety of medical staff.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?Binding means, handcuffs, hand and leg shackles are used when it is necessary to tie or fasten prisoner’s hands or legs, or both hands and legs at the same time in order to prevent the prisoner from physical resistance. The type of special means and the intensity of its use are determined by the official, evaluating, and limiting the possible damage caused by the special means. After assessing the specific situation, danger, consequences, individual characteristics of the prisoner, the official makes a decision when transferring the prisoner to a medical institution outside the prison for receiving the health care services, to tie the prisoner’s hands with binding means or to handcuff hands on the front or back of the body, or not to use binding means or handcuffs.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?There are prisons in Latvia in which the rooms located inside the basic enclosure of the prison and where prisoners are kept for a long time are equipped with non-opening windows with impact-resistant glass, thus preventing objects from being thrown.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Section 22 Part one Clause 4 of Prison Administration Law determines that, in performing service tasks, the official has the rights and duties, in accordance with the procedures laid down in the law, to perform an inspection of persons, an examination of premises, belongings and clothing, also using technical means, to remove objects, articles, and substances that are prohibited from being brought into, used, and kept in a prison. Section 41 of the Sentence Execution Code of Latvia (hereinafter – the Code) determines that convicted persons shall be subject to search. Section 28 Part one of Law on the Procedures for Holding under Arrest determines that an employee of the remand prison has the right to search arrested person in the cases and in accordance with the procedures provided for in the internal rules of procedure of remand prisons. An arrested person shall be searched by an employee of the remand prison of the same sex. The internal rules of the Latvian Prison Administration specify the cases when an official searches the prisoner, that is, a partial or full search of a prisoner, including when the convict is placed in a cell or living space; when the prisoner is taken out of the cell or living space; when the prisoner is placed in another room, in a penal or disciplinary isolation cell or on release from it; if there is a suspicion that the convicted person is keeping a prohibited object, substance or product in the institution of the deprivation of liberty; during the search of the cell or living space in which the prisoner is placed. During the partial search of the prisoner, the official makes the prisoner turn with his face to the wall, raise his hands up, leaning against the wall with his hands and place his feet shoulder width apart; from the prisoner’s back searches his clothes from top to bottom, paying particular attention to places where prohibited items, substances or articles may be hidden; inspects the prisoner’s outerwear, belongings, headdress and shoes. If, during the partial search of the prisoner, the official finds a prohibited item, substance or product, or, during the partial search, the official has reasonable suspicion of the possession of prohibited items, substances or products, the official performs a full search of the prisoner. During the full search of the prisoner – asks the prisoner to undress; searches the prisoner’s belongings, clothes, headdress, shoes, if necessary, replicating seams or other details of clothes and footwear, in which prohibited items, substances or products may be hidden; examines the prisoner’s body. It can be concluded that prison officials have the right and duty to search prisoners, and the prisoner is also obliged to submit to such search. It is and undoubted fact that prisoners move various objects in a hidden way in various places – in clothing (for example, they are sewn into the seams of clothes, collars, hidden in the soles of shoes), on the body, for example, attached to the body under clothes with the help of patches. For these reasons the regular searches of prisoners are necessary, to increase the possibility of finding hidden objects and substances, that is, searches have a legitimate purpose. It should be noted that the search of prisoners is a part of the daily monitoring process, which is not aimed at humiliating, torturing, mocking, revenge or intimidation of prisoners, on the contrary, the regularity of this process shall discipline prisoners and prevent them from violating the rules of internal order established in prisons. It follows from the above mentioned that the search of prisoners is determined by normative acts and is a mandatory activity in a prison, to ensure internal order and security.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?In Latvian prisons, convicts are provided with short-term visits (for a period of 1 to 2 hours) and long-term visits (for a period of 6 to 48 hours, the duration of the visit is determined by the relevant degree of the sentence serving regime of the convict). While, for arrested persons, normative acts provide only for short-term visits (observing meeting and communication restrictions set by the person directing the proceedings) with relatives and spouses. It should be noted that the arrested person has the right to a one-hour meeting with relatives or other persons not less than once a month, and juvenile arrested persons – not less than once a week. The normative regulation allows prisoners during visits stay in the room together with two adults and two minors. The rooms of long-term visits are specially designed to ensure privacy for convicts and their relatives, that is, the long-term visit rooms are isolated and equipped with all the items necessary for everyday life. Long-term visits are controlled during morning and evening numerical inspections. Prison officials knock on the door of the room and make sure that the visit rules are observed. Both convicts and visitors are informed about the inspection, and in each long-term meeting room there is a notice about the inspections. Several prisoners (and their visitors) can be at the short-term visit room at the same time. Prisoners and their visitors are separated from other prisoners and their visitors by a glass wall (the glass walls may be raised or lowered). If necessary, it is possible to add telephone handsets to visit rooms which ensure communication between the prisoner and the visitor. Short-term visit rooms are equipped with a table (separating the prisoner from the visitor) and chairs both for the prisoner and the visitor. Prison officials perform periodic visual inspection of convicts and their visitors. In addition, in accordance with normative acts, prisoners, visitors and their belongings are searched before short-term and long-term visits, in order to prevent entry of prohibited items into prisons, including using metal detectors. Visitors are warned before the visit about handing over prohibited substances, products and objects to persons who are in the prison.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?According to normative acts, for the violation of the requirements of the sentence serving regime the following punishments may be imposed on convicted persons: 1) giving of a warning; 2) prohibition to use a personal TV set or a transistor radio (without voice recording functions) for a period of up to one month and have it transferred for storage at the warehouse of the prison or transfer it to the persons who transferred it in the use of the convicted person (shall only be imposed for the violation of the procedures laid down in the internal rules of procedure of the prison in respect of the use of a personal TV set or a transistor radio (without voice recording functions); 3) issuing of a reprimand; 4) prohibition to purchase food products and tobacco products at the permanent location of sale established by a merchant in the territory of the prison for a period of up to one month; 5) prohibition of telephone conversations for a period of up to 10 days for convicted persons who are serving the sentence at the lowest level of the sentence serving regime; 6) prohibition of the regular video communication possibility for the life-sentenced prisoners who are serving the sentence in the separate division; 7) prohibition of the current visit; 8) placement of the convicted persons who are serving sentences in prisons in a punishment isolation cell for a period of up to 14 twenty-four hour periods; 9) placement of convicted persons who are serving the sentence in juvenile correctional institutions in a disciplinary isolation cell for up to three twenty-four hour periods. The following punishments may be imposed on convicted persons for the violations of sentence serving regime in open prisons: 1) issuing of a reprimand; 2) prohibition to leave the territory indicated by the administration of the prison for a period of up to three months; 3) placement in a punishment isolation cell for period of up to 14 twenty-four hour periods. The following punishments may be imposed for violating the requirements of the sentence serving regime by convicted persons involved in the programme for treatment of addictions: 1) giving of a warning; 2) issuing of a reprimand; 3) prohibition to purchase food products and tobacco products in the shop of the prison for a period of up to one month; 4) prohibition of the current visit of relatives and other persons; 5) placement in a punishment isolation cell for up to 14 twenty-four hour periods or in a disciplinary isolation cell for up to three twenty-four hour periods; 6) revoking of the previously granted incentive. Only the convicted persons who have committed gross or systematic violations of the sentence serving regime may be placed in a punishment isolation cell. Women who are in prison with infants and pregnant women may not be placed in a punishment isolation cell. All the punishments provided for in this Code for the violations of the sentence serving regime, also repeated placement in a punishment or disciplinary isolation cell, the commencement whereof shall be considered the last day of serving of the previous punishment, may be applied to a convicted person who has violated the sentence serving regime while in a punishment or disciplinary isolation cell. According to normative acts, the head of the remand prison may impose the following punishments to an arrested person for the violation of the internal rules of procedure of remand prisons: 1) give a warning; 2) take away personal TV set or transistor radio (without the possibility of voice recording) for a period of up to one month, and transfer it for storage in the warehouse of the remand prison or return to persons who have given it to the arrested person for use (shall be imposed only for the violation of the procedures for the use of a personal TV set or transistor radio (without the possibilities of voice recording) provided for in the internal regulations of the investigation prison); 3) issue a reprimand; 4) prohibit to purchase food products and tobacco products at the permanent location of sale established by a merchant in the territory of the remand prison for a period of up to one month; 5) prohibit the current meeting with relatives, spouse, or other persons; 6) prohibit to have telephone conversations for a period of up to one month; 7) place an arrested person of legal age in a punishment cell for a period of up to 14 days; 8) place a minor arrested person in a punishment cell for a period of up to three days. The prohibition to meet with parents or a guardian, and also the prohibition to have telephone conversations with parents or a guardian may not be imposed as a punishment on minor arrested persons. An arrested person may be placed in a punishment cell for a gross or systematic violation of the internal rules of procedure of remand prisons. Punishment - placement in a punishment cell - shall not be imposed on an arrested pregnant woman, and also a woman who is in a remand prison together with an infant. An arrested person who does not comply with the legal requirements of the prison administration in a punishment cell may be subject to all prescribed disciplinary punishments and security measures, including repeated placement in a punishment cell. The last day of serving the previous sentence is considered the beginning of the new sentence – repeated placement in a punishment cell.
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When providing health care to an inmate in a medical facility of the Corps, a prison officer of the same sex may be present in the room where the health care is provided, if it is requested by the attending health care worker in the interest of protecting the life or health of the persons present.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?The use of equipment of restraint (e.g. fixation to a bed frame) is possible in prisons, but is subject to strict regulations and restrictions. A prison officer is authorized to use restraint straps if the inmate is not in control of his/her actions. In addition to the above, in prisons there is also the concept of a safe cell, a specially adapted area designed to restrict the movement of an inmate who might endanger himself or others. The inmate is placed in the safe cell until the symptoms of his/her uncontrollable behaviour that could endanger his/her own life or the life and health of others have passed. In an external medical facility, the choice of restraint equipment shall be made on an individual basis, taking into account in particular the seriousness of the crime committed, the physical fitness, dangerousness, state of health, the knowledge of the preventive-security service and the behaviour of the escorted inmate. If the inmates’ state of health requires X-ray or MRI examinations, the Corps has and uses textile or plastic restraints to eliminate metal objects.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?Various technical safeguards are used in prisons to prevent inmates from having unauthorised contact with the civilian environment, or even to prevent inmates from having contact with each other. Such technical safeguards include e.g. netting, special opaque glass, etc. These technical safeguards are installed in prisons taking into consideration ensuring the purpose of pre-trial detention and prison sentence execution. Some prisons have buildings for the accommodation of inmates, which are equipped with safeguards for blocking the view to the outside (these safeguards are installed from the outside of the building). As a rule, these are prisons which are located in the built-up area of towns. The safeguards also serve to preventing the transfer of illicit items.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?According to the legislation in force, when conducting a body search in the form of a strip body search, the inmate is stripped down to his/her underwear. In doing so, the prison officer shall search the body, including the hair, oral cavity, armpits, hands and feet. After the inmate has fully undressed for the necessary time, the prison officer shall also carry out a visual search of the inmate's body, including the genitals and anus. The body search may be carried out by the prison officer using a body scanner. The stripping shall be carried out as instructed by the prison officer behind a curtain, in a cell or other suitable area designated by the prison governor, so that the inmate is not exposed to the view of other inmates. Strip body searches performed in two stages (up to the waist and from the waist) may increase the risk of undetecting unauthorised items or cause undetecting the injuries to the inmate; therefore, this method of search is not implemented within our prison service.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?During a visit with a direct contact, the inmate may greet and say goodbye to visiting persons with a handshake, a hug and a brief kiss. During the visit, intimate acts such as prolonged kisses, sitting on the knees (except for minors), touching that would endanger morals are not allowed; other acts of physical contact such as caress and holding hands are allowed. If there is a reasonable suspicion that a child is being used for illegal activity (e.g. unauthorized items are passed to the inmate through the child) the designated prison officer shall discontinue the physical contact or end the visit prematurely. During a visit without direct contact, the inmate is separated from the visiting persons by a structural barrier, usually plexiglass. Communication between the inmate and the visitors is ensured by means of telecommunication equipment or through a perforated barrier.
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?Inmates are liable for disciplinary offences. A disciplinary offence is any deliberate failure to comply with obligation or violation of obligation or prohibition laid down in the Act on Pre-trial Detention Execution or the Act on Prison Sentence Execution, its implementing regulations, or the internal order of the prison. An inmate may appeal against a decision to impose a disciplinary offence. The following disciplinary sanctions may be imposed on an accused person for a disciplinary offence: - a reprimand; - prohibition of not more than two purchases of foodstuffs, personal items and other goods with the exception of basic personal hygiene products and other basic personal hygiene products and basic stationery; - prohibition of using his/her own TV set or radio for up to two months; - forfeiture of goods; - a whole-day placement in a disciplinary cell for up to 10 days; - a placement in the solitary confinement for up to 10 days. The following disciplinary sanctions may be imposed on a convicted person for a disciplinary offence: - a reprimand; - prohibition of phone calls for up to three months; - prohibition of not more than two purchases of foodstuffs, personal items and other goods with the exception of basic personal hygiene products and other basic personal hygiene products and basic stationery; - prohibition of using his/her own TV set or radio for up to two months; - a placement in the closed unit during non-working hours for up to 20 days; - a whole-day placement in a closed unit for up to 14 days; - a placement in the solitary confinement for up to 14 days; - forfeiture of goods.
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The staff of the Penitentiary Police in charge of surveillance in the prison infirmary must keep the keys of the entrance door of said infirmary. The access is allowed only by authorized persons and the surveillance staff prevent that unauthorized objects are introduced in the rooms. The Penitentiary Police staff carefully searches all the inmates entering and going out of the infirmary. They register the names of inmates who access the infirmary; they inform the head of the shift service about any fact which may affect salubrity, hygiene or security. For privacy reasons, the Penitentiary Police staff is not present at medical examinations of prisoners; nevertheless, the same security staff supervises nurses and medical personnel’s safety and stays close to the examination room for any possible intervention needed.
Do you use any equipment for restrict movement (e.g. fixation to a bed frame in case of a bedridden patient) during placement in a prison/external health care facility? If yes, in which cases may this be done?An inmate can be hospitalized in an outside healthcare facility, possibly in a single room, to ensure guarding and security. In some civilian hospitals there are “Wings of protected healthcare” (which are structured – in general – similarly to a detention wing). Article 41 of the Italian Penitentiary Act prohibits the use of any means of physical coercion, unless it is expressly authorized by the regulations; it shall not be possible to have recourse to it with a disciplinary aim, but only with the aim of avoiding injuries to people or damage things or to guarantee safety of the prisoner himself. The use of said means must be limited to the time strictly necessary and must be constantly monitored by a physician.
Are there any prison institutions or living quarters where the windows of the cells are equipped with devices to block the view and/or prevent throwing things out? If yes, for which groups of prisoners is this implemented?Article 6 of the Regulations of enforcement of the Italian Penitentiary Act provides for that: “Bedroom windows must ensure a direct flow of natural light and air. Shielding which obstructs this flow is not permitted. Only in exceptional cases and for proven security reasons can shields be used, provided they are not set touching the wall of the building and that they in any case allow for a sufficient flow of direct air and light”. As a matter of fact, where grounded reasons of security exist, recourse is made to shields which are placed on some windows of the prisons situated in city centers. The aim of those shields is to prevent the interaction with the outside from inside the cells.
Are body / strip searches used as a security measure? If so, in what way and according to what practices?Article 34 of the Italian Penitentiary Act provides for that prisoners can be searched for security reasons. The body search must be carried out within the full respect of persons’ dignity. The searches are carried out by the staff of the Penitentiary Police, at the presence of a non-commissioned officer of the same Corps. The staff carrying out the search must be of the same gender as the person searched.
During a visitor reception, do detainees have the opportunity to establish direct physical contact with their contacts/relatives (e.g. sitting at a shared table, sitting with the detainee's child on his/her lap, kissing his/her spouse, etc.)?Article 37 of the Regulations of enforcement of the Italian Penitentiary Act provides for that all the persons allowed to visit a prisoner are identified and checked, in terms of the prison internal regulations, in order to ensure that dangerous or prohibited items are not introduced. Last generation metal detectors are used for that purpose. The family visits are carried out either in internal premises without any separation or in outdoor spaces. It is therefore allowed to have contact between prisoners and family members visiting them. For that reason, the inmate is searched both at the beginning and at the end of the visit. Only on grounds of health or security (e.g. for inmates undergoing the special detention regime provided for by article 41-b of the Italian Penitentiary Act) the visits are carried out indoor in rooms equipped with partition glasses (unbreakable glass).
Based on the outcome of a final decision on disciplinary offences committed by the prisoner, what disciplinary sanctions can be imposed? Is solitary confinement used as a disciplinary sanction?The disciplinary sanctions can be inflicted on inmates only due to the infractions provided for by the Regulations of Enforcement of the Penitentiary Act and are the following: a. warning by the governor; b. admonition, by the governor, in the presence of members of staff and of a group of c. prisoners or internees; d. exclusion from recreational and sports activities for not more than ten days; e. isolation during the time spent out of doors for not more than ten days; f. exclusion from association activities for not more than fifteen days. The last sanction cannot be enforced without a written certification, issued by the physician, certifying that the person concerned is able to bear the sanction. It is suspended in the case of pregnant women, mothers of babies under six months of age, and nursing mothers of babies under one year of age. That sanction consists in the prohibition to communicate with co-inmates. The prisoner undergoing that sanction can make telephone calls and can receive visits. Article 33 of the Italian Penitentiary Act regulates the solitary confinement and provides that it can be applied only: a. when required for health reasons; b. during the enforcement of the sanction of exclusion from association activities; c. for accused persons, during the phase of the preliminary investigation and for those arrested, during the phase of precautionary proceedings, where and as long as this is considered necessary by the judicial authority. Even under solitary confinement, the inmate has the right to receive visits from authorized persons.