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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 the Albanian legislation there is no article for incentives and/or promotion of the scientific work and publications by prisoners; the same stands for obtaining patents to the copyright for their own inventions/ innovations.
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or CommentsIn the Austrian legal system no incentives are provided for published scientific papers or patented inventions and there are no procedures for granting such incentives.
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or CommentsBelgian Prison Service doesn’t work with the system of scientific papers.
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or CommentsNo
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or CommentsNo, it is not specified as described in Romanian example. Article 88 of the national Law on the Enforcement of the Prison Sentence only ensures rights to the prisoner in case of invention or technical improvements achieved during his/her serving of the sentence, according to general legislation (the same as for all citizens). Incentives/benefits in general are never granted to prisoners. Incentives/benefits exist only as a possibility to reward and further motivate prisoner's positive behaviour and positive results in achieving his/her individual sentence plan. Depending on his/her behaviour and the level of achievement of individual sentence plan (but also depending on the risk level) prisoner can gain internal or external incentive/benefits (for example home-leaves) or/and they can be transferred to more loosened regime. Prisoner's conditional release also depends on the same criteria. There is no automatic approval of any incentive/benefit for specific behaviour or result. Any positive result within individual sentence plan can be valued only as part of "bigger picture" in terms of approving incentives/benefits.
If yes, what kind of incentives?/
What is the procedure for granting them?/
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Every prison in England and Wales operates an Incentives and Earned Privileges (IEP) scheme, which is compliant with the national policy framework. If a prisoner engages in work or studies which have a wider benefit this can betaken into account in any privileges scheme within prison and may be seen in a positive light at a Parole Board hearing, if relevant. But publishing scientific papers will not otherwise affect any release date. It is through IEP thatprisoners can earn access to a range of privileges (e.g. the opportunity to have a greater variety of items in-cell; access to in-cell television; access to private cash; eligibility to earn higher rates of pay, opportunity to wear own clothes; extra and improved visits and more time out of cell for association).
If yes, what kind of incentives?N/A
What is the procedure for granting them?N/A
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According to legislation of the Republic of Latvia, there are no specific incentives granted to the inmates for published scientific papers or patented inventions. However, these published scientific papers or patented inventions are taken into account as additional evidence, that the inmate has carried out scientific work during their sentence and thus published scientific papers or patented inventions can help the inmate qualify for a reduced punishment serving regime or a conditional release prior to completion of punishment, serving only a set part of the term of deprivation of liberty. According to Section 79.1 of Chapter 13 of the Sentence Execution Code, to apply for a conditional release prior to completion of punishment the inmate must have actually served part of the term as set in the Criminal Law and must qualify other criteria set by the Criminal Law. (Section 79.1: Inmate can apply for a conditional release prior to completion of punishment, including with electronic monitoring, if he/she fits the conditions noted in the part 4 of section 50.3 of the Sentence Execution Code, have actually served part of the term as set in the Criminal Law and must qualify other criteria set by the Criminal Law. A conditional release prior to completion of punishment with electronic monitoring is not proposed if the inmate already has actually served the part of the term as set in the Criminal Law for the procedure of conditional release to be initiated. ) According to Section 79.2 an inmate submits their application to the chief of the place of imprisonment (warden / gubernator) to initiate the examination process to grant a conditional release prior to completion of punishment. (Section 79.2 of the Sentence Execution Code: An inmate submits their application with the request for conditional release prior to completion of punishment, including electronic monitoring, to the chief of the place of imprisonment (warden / gubernator). Having received the application mentioned in the part 1 of this section, the chief of the place of imprisonment within three working-days verifies if the inmate qualifies to all of the conditions noted in section 79.1. If it is found that the inmate does not meet even one of the criteria, the application is returned to the inmate, noting the reasons why this application was not advanced and noting the time when the inmate will be eligible for a conditional release prior to completion of punishment with or without electronic monitoring. The answer of the chief of the place of imprisonment cannot be challenged or appealed against. ) According to Section 79.3 if an inmate meets all the conditions set in Section 79.1 the chief of the place of imprisonment within five working-days after the verification procedure noted in Part 2 of Section 79.2 sends a request for an evaluation report to the State Probation Service in addition noting if the inmate requests to be conditionally released prior to completion of punishment with electronic monitoring, and instructs an officer of the place of imprisonment to write a reference regarding the course of the carried out sentence time. In the reference regarding the course of the already carried out sentence time information about the behaviour of the inmate, involvement in the resocialisation activities and the results of the resocialisation, the attitude of the inmate regarding the participation in resocialisation activities during the carried out sentence time. The order in which the reference regarding the course of the carried out sentence time is to be completed, and what needs to be included in it (its content) and its size is determined by the Cabinet of the Ministers. State Probation Service within 15 working-days after receiving the application noted in the Part 1 of this Section completes the evaluation report and sends it to the place of imprisonment. The Chief of place of imprisonment within five working-days after receiving evaluation report noted in this Section, it together with the application noted in Section 79.2 , the reference regarding the course of the carried out sentence time and the application of the place of imprisonment about the conditional release prior to completion of punishment sends to city (district) court, in the operational area of which the place of imprisonment is located.
If yes, what kind of incentives?For published scientific papers or patented inventions the inmate can only feel more confident that their application for conditional release prior to completion of punishment will be approved.
What is the procedure for granting them?There is no specific procedure as there are no specific incentives granted to the inmate for published scientific papers or patented inventions.
Special Remarks or CommentsThere are no specific incentives for published scientific papers or patented inventions. Arrangements in this respect are not covered by extant legislation or policy.
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or CommentsAccording to the Art. 140 of the Penal Sanctions Enforcement Code of the Republic of Lithuania inmates may be granted incentives for good behavior, initiative and active participation in implementation of social rehabilitation measures, diligent work and good learning. As employment/ work include individual creative or other activities theoretically an inmate may be granted incentives for published scientific papers or patented inventions. Practically there are no such examples.
If yes, what kind of incentives?Incentives as established in Art. 140.1 of the Penal Sanctions Enforcement Code: Gratitude; Bonus for the best working results; Granting a right to an additional phone call; Granting three additional long term or short term visits per year; Withdrawal of a disciplinary sanction before term; Extension of walking time for up to two hours; Increasing of a maximum amount of money allowed for shopping in a prison shop once a month; Granting permission to juveniles to have a visit (with parents, guardians, next of kin and other trustworthy persons) outside the prison, the duration of such a visit shall be up to eight hours; Granting permission to short leave home on vacations within the territory of Lithuania; Transfer from an ordinary group to a privileged one.
What is the procedure for granting them?Incentives established in Art 140.1 of the Penal Sanctions Enforcement Code may be granted by a resolution or an order of an authorized officer. An inmate is informed about a granted incentive. The list of authorized officers is defined in the Internal Rules of Penitentiary Institutions.
Special Remarks or CommentsNo. there is no such thing as this in our service
If yes, what kind of incentives? What is the procedure for granting them? Special Remarks or Comments