Section 1-1.Scope of the Regulations

These Regulations apply to sentences of imprisonment, remand in custody, persons the police have arrested and community sentences. As regards special criminal sanctions, these regulations apply in so far as they accord with regulations relating to the execution of preventive detention. As regards halfway houses, the Regulations with supplementary guidelines prescribed by the Directorate of Norwegian Correctional Service apply.

Section 1-2.Purpose

Provided this is compatible with due regard for the security of society and the general sense of justice, suitable arrangements shall be made for enabling the convicted person to amend his or her way of life and to prevent recidivism.

Persons remanded in custody and other persons who are excluded from company shall be given priority as regards to taking part in activities and associating with the staff with the objective of reducing the detrimental effects of isolation.

Section 1-3.The rights of children as next of kin to inmates and convicted persons

The Norwegian Correctional Service shall have the function of child coordinator in all units. The child coordinator shall coordinate the work of the Norwegian Correctional Service in relation to children under the age of 18 who are next of kin and ensure that the child's perspective is respected.

The Norwegian Correctional Service shall place emphasis on what is in the best interests of the child. Particular emphasis shall be placed on the child's right to have access to and contact with his or her parents. The child is entitled to express his or her opinion on matters directly concerning him or her.

Section 1-4.Duty to take part in activities

The duty to take part in activities applies to convicted persons who are serving a sentence or special criminal sanction. Persons remanded in custody and persons who have been arrested by the police have no such duty, but shall be offered opportunities to take part in activities in so far as this accords with the remand order and the decisions by the prosecuting authority. Efforts shall be made to adjust the activities to the inmate's capabilities.

Section 2-1.Delegation of decision-making authority

Authority is delegated to the local level to reject applications pursuant to sections 12 to 16a, 20, 33, 35 and 42 of the Execution of Sentences Act in the case of convicted persons who are sentenced to imprisonment for a term exceeding 10 years or who are sentenced to preventive supervision or preventive detention.

Authority is delegated to the local level to approve applications for leave of absence from convicted persons who are sentenced to imprisonment for a term exceeding 10 years when the regional level or the Directorate of Norwegian Correctional Service has previously granted ordinary leave of absence and it has been implemented without default.

Authority is delegated to the local level to approve applications pursuant to sections 12, 13, 20, 33 and 35 of the Execution of Sentences Act from convicted persons who are sentenced to imprisonment for a term exceeding 10 years, but who are not sentenced to preventive supervision or preventive detention and who, pursuant to a decision at the regional level or by the Directorate of Norwegian Correctional Service, are transferred to a prison with a lower security level.

Section 2-2.Requirements for prison staff

In order to qualify for a permanent position as a prison officer, the person appointed is required to have successfully completed and passed specified prison officer training. The Directorate of Norwegian Correctional Service may issue regulations for the admission of trainees and the content of the training, including the taking and completion of exams and tests.

Section 2-3.Supervisory council

The Ministry of Justice and Public Security appoints the head and deputy head of the supervisory council and at least two of its members together with deputy members. The appointment applies for two years.

Members of the supervisory council are entitled to talk to convicted persons and inmates if the said convicted persons or inmates themselves so request and without the presence of prison staff.

Members of the supervisory council are entitled to take part in meetings concerning convicted persons and inmates and may demand access to case documents if the convicted person or inmate concerned consents thereto.

Section 3-1.Deferment of execution of sentence

A convicted person who satisfies the conditions for deferment of execution of sentence pursuant to section 459 of the Criminal Procedure Act, cf. sections 6, 7 and 8 of the Regulations relating to summons and deferment when enforcing sentences, shall not be admitted for execution of sentence.

Section 3-1a.Youth units, prisons and probation offices that receive children

The youth units shall have a basic staff consisting of an interdisciplinary team, of whom about half shall comprise prison officers and the other half of staff with backgrounds within environmental therapy, childhood studies or other relevant social work expertise.

Prisons and probation offices that take children into custody on remand or to serve a sentence must make the appropriate arrangements in order to safeguard the needs and rights of the child. If there is a social inquiry report, this must be assigned weight in the assessment of the child's needs. The inter-agency team at a youth unit must be contacted to assist with the arrangements.

Section 3-1b.The Norwegian Correctional Service's responsibilities to children. Guardians

All actions and decisions that concern children must take the best interests of the children into consideration. The child must be able to express his or her own views, either directly or through a representative. An individual decision concerning the child must stipulate that the child's best interests were a fundamental consideration and what emphasis was placed on the child's best interests.

When a child is detained in custody or shall serve a sentence, his or her guardian must be registered, cf. sections 16, 25 and 27 of the Guardianship Act and Chapter 11 A of the Immigration Act. The guardian must be informed of all actions and decisions that are of importance to the minor.

Section 3-2.Length of sentence

In connection with the commencement of execution of the sentence, an estimate shall be made of the date on which the sentence will end, and possibly also the date of any expected release on probation. At the same time, the convicted person shall also be informed that release on probation may be refused if such release is deemed inadvisable. If the convicted person is to serve more than one sentence, the estimate shall be based on the total period of the sentences, and the sentences shall be served consecutively.

A reduction shall be made for any period spent in custody on remand in accordance with section 60 of the Penal Code and section 460 of the Criminal Procedure Act. A reduction shall also be made for transportation time.

An alternative custodial sentence in default of payment of a fine shall always be served in full.

Section 3-3.Changes to estimated period of sentence

The period of sentence does not include the period:

In the event of such absence as is mentioned in paragraph one, the date on which execution of the sentence will end, or for release on probation, shall be recalculated. The convicted person shall be informed of the corrected dates.

Section 3-4.Committal to prison

A convicted person at liberty who is sentenced to imprisonment for a term of two years or less and who otherwise satisfies the conditions for direct committal to a prison with a lower security level may, however, be committed to a prison with a high security level if this is necessary as a consequence of building or staff conditions or lack of room.

Even if security considerations do not prevent this, no decision for committal to a prison with a lower security level shall be made if it is contrary to the principle of general deterrence or the general sense of justice.

Upon being committed to prison, the convicted person shall be informed of his or her right to apply for a transfer for execution of sentence in his or her home country pursuant to European Convention no. 1 of 21 March 1983 concerning the transferring of convicted persons, cf. Act of 20 July 1991 no. 67 relating to the transferring of convicted persons, or the right to transfer to one of the Nordic countries pursuant to the Act of 15 November 1963 relating to the execution of Nordic sentences etc.

Children who shall be committed to prison, whether in custody on remand or to serve a sentence, must be incarcerated in a youth unit, unless the child's needs are better safeguarded in another prison department and such placement is in the child's best interests. If committal to a different prison department is considered, a statement must be obtained from the inter-agency team at the youth unit.

In extraordinary circumstances which entail that committal to a youth unit is not possible, the child may be committed to a different prison department. In such instances, the Norwegian Correctional Service must advise the prison department of the child's needs and rights as soon as possible.

Section 3-5.Execution of sentence in an institution

As a general rule, execution of a sentence shall be commenced in a prison before a transfer for execution of the sentence in an institution is effected. In exceptional cases, the convicted person may be granted the right to serve the entire sentence in an institution if there are special and compelling reasons for doing so.

Detention in an institution shall normally not extend beyond 12 months. An application for dispensation from this rule may be granted by immediate superiors if there are special and compelling reasons for doing so.

Section 3-6.Execution of sentence in a hospital

An application may be made for the committal to a somatic hospital or an institution under the mental health service of a convicted person who is taken ill in the course of serving a sentence if a medical practitioner finds this necessary.

If the convicted person has inflicted on himself or herself or simulated injury or disease in order to interrupt or evade detention in prison, and it is deemed unreasonable that the sentence period continues to run, the detention in a hospital shall not be counted as execution of the sentence.

Section 3-7.Transfer from one form of execution to another

In exceptional circumstances, the state of a building or staffing conditions or lack of room may justify transfer to a more restrictive prison than what is warranted for security purposes.

Section 3-8.Execution of sentence outside prison. Duty to appear as ordered

In addition to the basic conditions in section 16, paragraph two of the Execution of Sentences Act and any conditions that may be imposed pursuant to section 16, paragraph three of the said Act, the convicted person shall be ordered to appear before the Norwegian Correctional Service or another public authority, person or organization as designated by the Norwegian Correctional Service, at least once a week.

Section 3-9.Control of inmates in company

Inmates in company in a prison with a high security level shall be kept under constant supervision and control.

In a prison with a lower security level and in a halfway house, supervision shall be provided on the basis of existing conditions, including building and staffing conditions and the types of inmates involved.

The inmates shall, by notices or in some other manner, be informed that common-rooms, corridors and other areas where they are present, may be subject to surveillance by means of technical surveillance equipment, including listening-in devices and the use of camera and TV surveillance.

Section 3-10.Freedom of movement

Inmates in a prison with a high security level must not be permitted to move freely around the prison's buildings or other areas. In prisons with a lower security level and in half-way houses, this provision shall be practically applied in accordance with the security level in the prison in question.

Section 3-11.Order and discipline. Coercive measures

The local level may issue supplementary provisions concerning peace, order and discipline in the prison. The inmates shall conform to applicable provisions and comply with orders and decisions from the staff of the Norwegian Correctional Service.

When this is necessary and justifiable, and less intrusive measures have been tried in vain or appear to be inadequate, the staff may use physical force against inmates who do not conform to provisions regarding peace, order and discipline.

As regards the use of coercive measures and the conditions for their application, reference is made to section 38 of the Execution of Sentences Act. Coercive measures require the approval of the Directorate of Norwegian Correctional Service before they can be used.

Section 3-12.Facilities for activity in relation to the duty to take part in activity. Alteration of contents

Work, training, programmes or other measures are all at an equal level and satisfy the requirements of the duty to take part in activity. An inmate may not be ordered to take part in training, programmes and other measures such as treatment and the like against his or her will. If the inmate does not wish to take part in such measures, he or she may be ordered to work.

The contents of the activity may be altered if this appears necessary for execution of the sentence in a manner that satisfies the need for security or if staff conditions so indicate. The contents may be altered at any time in cooperation with the inmate.

The provisions in section 3-20 of these Regulations apply correspondingly to the use of computer equipment for instruction and work.

Section 3-13.Daily pay

The income from the work done in the prisons accrues to the State. Participation in work, programmes, training and other measures to which the duty to take part in activity applies is remunerated on an equal basis. The Directorate of Norwegian Correctional Service annually regulates the amount of the daily pay and stipulates specific conditions.

An inmate shall be informed of what he or she receives in daily pay. At the end of each month he or she shall be informed of the amount in his or her account.

Deductions may be made in inmates' daily pay for irregular absence and poor work effort. Inmates who are absent from or refuse to take part in the activity allotted to them shall not receive daily pay.

Inmates who, because of their state of health or working capacity, are deemed to be unfit for employment in the ordinary activity of the prison shall be granted a minor amount of benefit payment according to rates determined by the Directorate of Norwegian Correctional Service, cf. paragraph one.

Equivalent amounts may be granted to convicted persons who voluntarily isolate themselves or to persons remanded in custody who will not work.

On public holidays that fall on normal working days, all inmates who do not take part in ordinary work or who refuse to take part in the activity allotted to them shall be remunerated according to the rate for benefit payments. The same applies in the case of exemptions from the duty to take part in activity on special and clearly documented holidays when this has been ascertained at local level in advance.

A convicted person who is serving his or her sentence in an institution or hospital pursuant to sections 12 and 13 of the Execution of Sentences Act shall, as a general rule, be granted daily pay according to the rate for benefit payments. It is a precondition for such payment that the convicted person does not receive daily pay or similar remuneration from the institution to which the said person is transferred. If the convicted person is on national insurance benefits, daily pay shall cease upon transfer pursuant to sections 12 and 13 of the Execution of Sentences Act, cf. sections 3-27 and 3-28 of the National Insurance Act.

A convicted person who is serving his or her sentence outside prison pursuant to section 16 and section 16a of the Execution of Sentences Act shall not be granted daily pay.

Section 3-14.Day-release

Day-release may be commenced no earlier than after a continuous period of at least four months spent in custody. The convicted person must also have served at least one-third of the term of his or her sentence.

As a general rule, day-release shall not be granted for a period of more than one year. However, day-release for instruction may be granted for a period of up to two years if the instruction is part of an overall educational plan.

The above provisions may be deviated from when there are special and compelling reasons for doing so. An immediately superior level may approve an application for dispensation.

Day-release shall not be granted for participation in own activities or those of next of kin. The same applies to companies in which a convicted person has or has had considerable proprietary interests or important posts.

At the same time as day-release is commenced, the convicted person shall be explicitly informed of the provisions concerning control of day-release.

Section 3-15.Contract of employment when on day-release. Wages

In the event of day-release to do work, the Norwegian Correctional Service shall ensure that a contract of employment is entered into between the convicted person and his or her employer.

Section 3-16.Health examination and treatment of inmates

If an inmate so requests, staff shall put him or her in touch with the public health service. Staff shall also, of their own accord, arrange contact with the health service if there is any indication that an inmate is ill. If the inmate is under 18 years of age, staff shall arrange contact with the health service as soon as possible after committal.

The health service shall render its services in accordance with the security precautions necessary in a prison. This is particularly important in connection with the distribution and storage of medicines.

Section 3-17.Assistance from the staff in the use of medicines

Prison staff may assist in the distribution of medicines if practical considerations make this necessary. If staff are to assist, the Public Health Physician must have approved the arrangement and the prison officers shall have received the necessary training. The public health authorities shall provide such training. The health service shall specify the proper doses to be given of medicines obtainable only on prescription before the prison staff distribute these.

Section 3-18.Reporting and interviews

In connection with reporting from a prison, conditions may be laid down to the effect:

Other conditions may be set if this is deemed necessary for ensuring calm, order and security in the prison.

Section 3-19.Private possessions. Use of private means

The local level may issue further provisions concerning what items and the number of such items that are permitted to be brought into an inmate's room. The same applies to items that inmates wish to keep stored in the prison area. Transfers between inmates are not permitted without prior consent.

Inmates may, to a limited extent, procure for themselves specified foodstuffs. Such procurements may be made by means of daily pay received.

Inmates are not permitted to use private means for their own needs in prison, unless the local level grants them special permission to do so.

Inmates are not permitted to have symbols or articles that are likely to cause fear among other inmates or contempt for them or that are in some other way adverse to the prison environment.

Section 3-20.Computer equipment and the like

Computer equipment and the like may be used by inmates for work, instruction or other measures only when such use is deemed appropriate in regard to local conditions and is unobjectionable from a security standpoint. The same rules apply to the use of private computer equipment and the like.

In prisons with a high security level, the use of private computer equipment and the like may be only be permitted in very specific training situations where an extraordinary need for such use is documented.

As a general rule, inmates may not make use of computer equipment and the like which is linked to an external computer network, external computer equipment etc. This may only occur if there is a special reason for doing so and when it is found to be unobjectionable from a security standpoint. A precondition for the use of such equipment is that the rules for control of mail shall be complied with.

Software and other contents, in the form of text, pictures, film or sound, must not be of such a nature as to have an adverse effect on the inmates themselves, other inmates or the prison environment as a whole.

All equipment, accessories and contents may be examined and checked. If possible, the equipment must be sealed. Before permission to have private equipment available is granted, written consent must be obtained from the inmate that controls may be carried out at any time at his or her expense.

The rules relating to electronic correspondence are stipulated in section 3-27 of these Regulations.

Section 3-21.Intoxicants

Inmates are prohibited from using any form of alcohol, narcotics or other intoxicants, anaesthetics, hormone preparations or other chemical substances that are not lawfully prescribed. The local level may issue further provisions concerning where tobacco smoking is permitted.

Section 3-22.Clothes, bedclothes, toiletries etc.

Common rooms and inmates' rooms shall have satisfactory equipment and furniture and be kept in a proper state. Inmates shall handle prison furniture and equipment with care and shall not inflict damage thereon. Inmates shall keep their rooms clean and tidy in accordance with further provisions stipulated at local level.

Inmates may have private clothes and shoes in accordance with further provisions stipulated at local level. Private bedclothes and towels are not normally permitted. Inmates shall be provided with the most necessary toiletries as needed.

Section 3-23.Diet. Purchases

The prison diet shall be in accordance with the applicable rules governing this. The use and storage of dietary supplements are not permitted, except when such supplements are prescribed by a medical practitioner for medical reasons. This prohibition does not apply to ordinary vitamin supplements that are distributed in connection with meals.

Inmates shall have an opportunity to purchase consumables and toiletries at least once a week.

Section 3-24.Inspection of persons and objects

Pursuant to section 27 of the Execution of Sentences Act, a person may be detained by the staff for up to four hours to await the arrival of police at the prison.

Section 3-25.Inspection of inmates, rooms and possessions

In order to prevent or register disorder or criminal acts, inspections of inmates themselves, their rooms and possessions may be carried out.

Inmates shall not be permitted to possess objects that may be deemed suspicious in regard to disorder or a risk of criminal acts being committed.

No prior notice of the inspection is required. Inmates shall be informed of any damage resulting from the inspection.

Inspections may be carried out in the prison area, including outside the wall or fence. This also applies to a halfway house and the area appurtenant to it, which it controls.

Inspections may be carried out on arrival, at any time during execution of the sentence and before and after outings. Inspection of the inmate personally or his or her possessions on arrival and before and after outings may only be omitted if such omission is clearly not contrary to security requirements. Inmates who are released but who find themselves in the prison area, and persons who have not yet begun to serve their sentences, but who are present in the prison area, may be inspected.

In connection with inspections, inmates are obliged to comply with the orders that are given and shall behave in a calm and quiet manner.

Inmates shall not be present at inspections of rooms or common areas unless this is ordered or permitted by the staff in the particular instance. Inmates may be refused permission to be present when objects are being inspected.

Objects or substances that are revealed or found may be retained for further inspection or handed over to the police.

One or more control measures may be used in combination.

Section 3-26.Inspections in order to expose the use of intoxicants etc.

Urine samples shall be taken in accordance with the following procedures:

The question of whether to place a person in a secluded room with a special lavatory shall be submitted to the regional level if it is deemed necessary to maintain the measure for more than three days.

Section 3-27.Electronic correspondence

In exceptional circumstances, inmates may be permitted to use computer equipment and other electronic equipment in order to communicate with persons and similar equipment outside the prison if the prison can monitor such transmissions in accordance with the rules applicable to the control of mail, and if this can be done without extra costs. The prison staff may control all equipment and accessories.

Transmissions may be monitored by being read in full, heard or seen before being dispatched from the prison, or before the inmate receives them. Transmissions that the inmate has already received may also be controlled.

Electronic communication to and from an appointed defence counsel, diplomats and other specified persons shall be treated as other postal items. The contents of the transmission shall not be read, seen or heard, but it shall be possible to check whom the sender or receiver is.

Section 3-28.Visits

As a general rule, an inmate himself or herself may choose the persons whom he or she wishes to have as visitors. Upon admission, the inmate may draw up a list of not more than four persons who he or she requests visits from. These persons may subsequently be replaced by others.

A visitor may not bring in or deliver objects to the inmate during the visit unless special permission to do so is given.

Section 3-28a.Visiting children. Coverage of costs

Children may receive visits weekly or more often and, irrespective of this, are entitled to receive at least one visitor per month. Based on the child's needs, the Norwegian Correctional Service shall determine how often visits shall be granted, the duration of such visits and the number of people who can be part of each visit. The child can be denied visits if this is considered to be in the child's best interests or if safety reasons mean that visits are inadvisable.

Visits shall be monitored in accordance with the provisions in section 31 of the Execution of Sentences Act. Restrictions and control measures shall not be more invasive than necessary.

The Norwegian Correctional Service shall cover the costs of domestic travel in Norway and for overnight accommodation for three days at least once a month for up to four people from the child's immediate family. Costs of travel and accommodation shall be agreed to with the Norwegian Correctional Service in advance and shall be the cheapest and most appropriate.

Parents, siblings, grandparents and foster parents are considered immediate family pursuant to paragraph three.

Subject to a specific assessment, other family members or people who the child has a particular connection to can be included under the rule in paragraph three.

Section 3-29.Telephone calls

Inmates may themselves choose the persons to whom they wish to make telephone calls, and the prison may not restrict this circle apart from exercising the right to refuse inmates permission to make telephone calls.

In prisons with a high security level, inmates shall be permitted to have one or more telephone conversations of a total duration not exceeding 20 minutes per week, unless the facilities available are insufficient for this purpose. This time restriction does not apply in prisons with a lower security level and halfway houses.

The local level may grant extended telephone time if there are special reasons for doing so and the facilities available are not insufficient for this purpose.

Children who serve a sentence in a youth unit or prison with a high security level are not subject to the time limit in paragraph two. Based on their needs, children shall be permitted to make telephone calls. They are entitled to a minimum of three telephone calls per week for up to 20 minutes in duration per telephone call. Capacity considerations may only in extraordinary circumstances be used as grounds for denying the right to make more than three telephone calls per week.

As a general rule, costs incurred as a result of telephone calls shall be paid by the inmates themselves from the daily pay the prison pays to them. Necessary discussions with an officially appointed defence counsel, the inmate's diplomatic or consular representative, or the inmate's next-of-kin, may be paid for by private means. In instances in which inmates lack private means, the prison shall cover such necessary costs. The prison shall cover the costs of necessary discussions by a person remanded in custody with his or her defence counsel at the cheapest rate. An order to ring a permanently installed telephone may be given.

Section 3-30.Leave of absence. Period of leave of absence. Expenses incurred through leave of absence. Leave of absence abroad

Leave of absence may be granted in the form of ordinary leave of absence, compassionate leave, and short-term leave of a few hours' duration.

In addition to short-term leave of absence, convicted persons may be granted an ordinary total period of leave of absence annually (leave-of-absence quota) not exceeding 18 24-hour periods, with extra time for necessary travel. Pursuant to further guidelines from the Directorate of Norwegian Correctional Service, convicted persons may in special cases be granted an annual leave-of-absence quota not exceeding 30 24-hour periods. The leave-of- absence quota runs from the time the first ordinary leave of absence is effected. Halfway houses have their own provisions regarding the leave-of-absence quota.

As a general rule, expenses incurred in connection with leave of absence shall be paid for out of private means. The prison may contribute to travel expenses to and from the leave of absence destination in cases of special need. The same applies to the costs of necessary food and accommodation en route.

As a general rule, leave of absence abroad shall not be granted.

Ordinary leave of absence and short-term leave of absence may be effected after a continuous period in custody immediately preceding the date when leave of absence is granted of not less than four months. In addition, a convicted person must have served at least one-third of his or her sentence. A convicted person with a longer sentence than imprisonment for a term of 12 years may be granted ordinary leave of absence after continuously serving four years of the sentence (time for leave of absence).

Compassionate leave may be granted at any time during execution of the sentence before the time for leave of absence is reached.

Section 3-31.Exceptions from the general conditions for leave of absence

If there are special and compelling reasons for so doing, in exceptional circumstances a convicted person may be granted leave of absence at an earlier date than that stipulated in section 3-30 (advanced time for leave of absence). If there are special and compelling reasons for so doing, in exceptional circumstances a convicted person may be granted leave of absence for more 24-hour periods annually than stipulated in section 3-30 (extended leave-of-absence quota).

Section 3-32.Escorted leave

Inmates may, if necessary, be granted escorted leave unless security considerations and insufficient resources make this inadvisable.

Section 3-33.Interruption of sentence

Interruption of the sentence may only be granted if, after a specific overall assessment, it is deemed to be justifiable from a security standpoint.

Such interruption may be granted for a specific period not exceeding four weeks and may subsequently be extended once by not more than four weeks. An application for a further extension may be granted by immediate superiors. In especially exceptional cases, a superior level may grant an interruption for an indefinite period.

In the case of an interruption, the provisions relating to release apply in so far as these are appropriate.

Section 3-34.Conditions relating to leave of absence and interruption of the sentence. Breach of conditions

Following a specific assessment, suitable conditions in addition to those listed in section 36 of the Execution of Sentences Act may be imposed if this appears necessary for effecting the leave of absence or interruption of sentence in a manner that satisfies the need for security.

In the event of a breach of conditions or preconditions for leave of absence or interruption of sentence before the period of such leave or interruption has expired, the permission granted in regard to the remainder of such leave or interruption may be withdrawn. The convicted person may be ordered to return to prison.

Section 3-35.Exclusion from company as a preventive measure

Exclusion pursuant to section 37 of the Execution of Sentences Act is deductible from any subsequent sanction pursuant to section 40, paragraph two, (c) to (e), of the Execution of Sentences Act.

Detrimental effects of exclusion from company shall must be prevented or remedied as much as possible.

The Norwegian Correctional Service shall ensure that children who are excluded from company pursuant to section 37 of the Execution of Sentences Act are granted an expanded right to outdoor time, increased access to staff, expanded rights to visits from friends and family, expanded rights to physical activity and other measures than can prevent the adverse effects of being excluded from company.

In the assessment of whether a child shall be excluded from company, the Norwegian Correctional Service must take into consideration the best interests of the child. A statement from the inter-agency team at a youth unit must be obtained unless this is not possible due to time constraints.

Section 3-36.Immediate exclusion as a consequence of breaches of execution of prison sentences and special criminal sanctions

Exclusion pursuant to section 39 of the Execution of Sentences Act is deductible from any subsequent sanction pursuant to section 40, paragraph two, (c) to (e), of the Execution of Sentences Act.

Section 3-37.Sanctions for breach of the execution of prison sentences and special criminal sanctions. Loss of daily pay and loss of privileges

Loss of daily pay may be imposed for a period not exceeding 14 days, and this applies only to loss of daily pay that has not been earned on the date the sanction is imposed. The rate of daily pay otherwise granted to inmates shall be reduced by up to 50 per cent during the sanction period.

The following losses of privileges may be imposed (complete list):

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.

Section 3-38.Sanctions in the event of breach. Right to express an opinion. Attempted breach. Recidivism.

Inmates shall be given an opportunity to express an opinion, and a report of the interview shall be written before a sanction is imposed.

An attempted breach is subject to a more lenient sanction than an actual breach.

If an inmate has committed more than one new breach on the date of the sanction for which a sanction has not already been imposed, such breaches shall be jointly dealt with in a single sanction case if time considerations do not argue otherwise. The fact that the inmate has committed more than one breach shall be reflected in the joint assessment that is to be made.

Section 3-39.Sanctions in the event of breach. Suspended sanction. Implementation. Suspensive effect.

A sanction may be suspended for a probationary period not exceeding three months if, based on an overall assessment, it is deemed appropriate that execution of the sanction shall be deferred.

In special cases, an immediate sanction that has been imposed may subsequently be converted to a suspended sanction.

As a general rule, a sanction that has been imposed shall not be implemented before the time limit for an appeal has expired. An appeal has suspensive effect except in cases where it is decided at the local or regional level that an appeal shall not have such a suspensive effect.

Section 3-40.Payment of travel expenses upon release from a prison sentence

Expenses incurred for the cheapest method of travel to an address in Norway, as well as the cost of necessary meals during the journey, shall be covered by the prison unless there are special reasons for why the convicted person should pay all or parts of these expenses him or herself.

Section 3-41.Release from a prison sentence. When an administrative decision is required

Release on probation may only be effected if, after a specific assessment, it is deemed appropriate.

If a convicted person is denied release on probation, the question of such release shall be given continued consideration, and not later than three months after release pursuant to section 42, paragraph one of the Execution of Sentences Act could otherwise have been effected. For a convicted person who is sentenced to imprisonment for a term of five to 12 years, the assessment shall be made within six months at the latest, and for a convicted person who is sentenced to imprisonment for a term exceeding 12 years, the assessment shall be made within one year at the latest.

If, after the above-mentioned time limits have expired, there are still grounds to deny the convicted person release on probation, the question shall be given continued consideration not later than within a new period of three or six months or one year respectively after previous administrative decisions, cf. paragraph two.

Section 3-42.Duty to appear during the probation period

In cooperation with the probation office, the prison director shall determine a date for the first meeting and the frequency of such before the date of release. The period during which there is a duty to appear runs from the date of the first meeting with the probation office. The convicted person shall appear punctually.

The length of the period during which there is a duty to appear shall normally be three months. In the case of longer sentences where this appears necessary to counteract new criminality, the said period may be fixed at not more than one year. The length of the period during which there is a duty to appear can be set for a period of more than one year if the consideration of release on parole that satisfies the need for security makes this a particular requirement. In the case of shorter sentences, the said period may be fixed at a shorter period, but not less than one month. In addition to a particular executive officer in the probation office, another contact person appointed by the probation office may be used.

A plan for execution of the sentence shall be drawn up between the probation office and the convicted person concerning the detailed contents of the period during which there is a duty to appear. The plan may be altered if this is necessary because of new information or changed life situation.

The convicted person shall have a prior opportunity to express an opinion concerning the period during which there is a duty to appear before the Norwegian Correctional Service and concerning any other conditions.

The convicted person shall himself or herself pay the travel expenses in connection with the duty to appear. The Norwegian Correctional Service shall cover such expenses if the convicted person him or herself does not have the means to pay.

Section 3-43.Extension of the period when there is a duty to appear; Cessation

The period during which there is a duty to appear may be extended by up to three months. The regional level may decide on a further extension, but not an extension exceeding one year. In instances in which the consideration of release on parole that satisfies the need for security makes this a particular requirement, the regional level may still extend the duty to appear beyond one year. The period cannot be extended beyond the expiry of the probation period.

The period during which there is a duty to appear ceases when:

Section 3-44.Control of persons released on probation

The probation office shall ensure that fixed conditions are complied with and may order the convicted person to provide information that can ensure such control.

Section 3-45.Breach of conditions for release on probation during the period when there is a duty to appear before the Norwegian Correctional Service

If the convicted person refuses to provide a sample to disclose the use of unlawful intoxicants or anaesthetics, this shall be regarded as a breach. The probation office has the right to give a verbal warning if the convicted person's breach is not serious, or there are especially extenuating circumstances.

Section 4-1.Location of persons remanded in custody and persons the police have arrested. Transfer

The Norwegian Correctional Service shall, without undue delay, make prison accommodation available to persons remanded in custody and persons the police have arrested within 48 hours after arrest, unless this is not possible for practical reasons. The Norwegian Correctional Service and the police have a joint duty to ensure that such a transfer from police custody cells to prison is effected.

In especially exceptional cases, persons remanded in custody and persons the police have arrested may be transferred from prison to police custody cells in connection with the remand hearing or main hearing of a criminal case. This only applies if it is not possible to find available prison accommodation in the vicinity of the court and there is such a considerable distance between the prison and the court that it is impossible in practice to bring the detainee or person remanded in custody to court each day. Any such detention shall be of very short duration, and constant efforts shall be made to procure a suitable room in a prison in the vicinity of the courthouses.

Persons remanded in custody and persons who the police have arrested may be transferred to another prison at the request of the police or the prosecuting authority if this is deemed necessary for investigation purposes.

Before persons remanded in custody and persons who the police have arrested may be transferred to another prison, the relevant police or prosecuting authority must be consulted.

Section 4-1a.Persons remanded in custody who are under the age of 18. Information

The Norwegian Correctional Service shall immediately provide children who are remanded in custody with information about the prison, what the stay in custody on remand entails and assist the child in contacting next of kin, legal representation, police or other persons of importance in connection with the stay in custody on remand.

Information shall be adapted to the individual circumstances of the child, such as age, cultural and linguistic background, maturity and experience. The information shall be provided in a considerate manner. Insofar as this is possible, staff shall ensure that the child has understood the content and significance of the information. An interpreter shall be used when required.

Section 4-2.Company

Inmates whom the court has not yet decided to imprison shall only have access to the company of other inmates with the prior consent of the prosecuting authority.

Section 4-3.Work, training, programmes and other measures

Persons remanded in custody who are not subject to restrictions and other inmates pursuant to this chapter shall have the same right as convicted inmates to take part in all measures and in the leisure group that the particular prison offers.

Section 4-4.Transition from remand in custody to execution of the sentence. Release

Persons remanded in custody shall be transferred from custody on remand to execution of the sentence or preventive detention when the authority so authorized by a legally enforceable judgment or by a decision for pre-emptive enforcement of a judgment has so ordered.

Persons remanded in custody and persons arrested by the police shall be released without delay when the court or the prosecuting authority has so ordered.

If a person remanded in custody is sentenced to a term of immediate imprisonment, which is deemed to have been fully served during remand in custody, he or she shall be released immediately. If a person remanded in custody has served such a large part of his or her sentence of imprisonment during remand in custody that he or she satisfies the conditions for release on probation pursuant to section 42 of the Execution of Sentences Act, he or she may be released on probation pursuant to these rules.

Section 5-1.Deferment of execution of community sentences. Estimation of sentence period

Section 3-1 of these Regulations applies in so far as it is appropriate.

The sentence period does not include the period during which the convicted person has been granted an interruption pursuant to section 57 of the Execution of Sentences Act. The sentence period also does not include the period during which execution of a community sentence has been interrupted pursuant to section 58, paragraph three and section 59, paragraph two of the Execution of Sentences Act. Section 3-3, paragraph one (c) and paragraph two of these Regulations shall otherwise apply in so far as they are appropriate.

Section 5-2.Contents of a community sentence

A plan for execution of the sentence shall be drawn up between the probation office and the convicted person concerning the contents of the community sentence.

Execution of the sentence shall be so arranged that the convicted person can carry on his or her ordinary work or school attendance without absence. If due consideration for the staff or external collaborators warrants such, the convicted person may be required to take time off from work or school.

In principle, participation in a programme is voluntary, but information concerning a programme in connection with drafting the detailed contents of a community sentence may be mandatory.

Hours spent discussing the drafting are part of the community sentence and shall be deducted from the total number of hours.

The convicted person shall himself or herself pay the travel expenses incurred in connection with the execution of a community sentence. The probation office shall cover such expenses if the convicted person does not have the means to pay.

Section 5-3.Interruption of sentence

Interruption of the sentence pursuant to section 57 of the Execution of Sentences Act may be granted for a specific period not exceeding four weeks and may later be extended one time for no more than four weeks. The question of further extensions shall be submitted to a superior level for a decision. In especially exceptional cases the regional level may grant an interruption for an indefinite period. The total length of the interruption must be in reasonable proportion to the length of the sentence and the grounds for the interruption.

Interruption pursuant to section 58, paragraph three and section 59, paragraph two of the Execution of Sentences Act is granted for an indefinite period.

Section 5-4.Sanctions in the event of breach

If the convicted person refuses to provide a sample to disclose the use of unlawful intoxicants or anaesthetics, this shall be regarded as a breach.

Failure to attend a meeting to discuss information or drafting or to take part in an agreed programme is regarded as a breach.

The probation office is authorised to give a verbal warning if the breach committed by the convicted person is not serious.

Section 6-1.Decision-making authority and duration

The regional level will decide whether the conditions for detention in a department with an especially high security level are satisfied and will hand down an administrative decision concerning committal, continued detention or transfer to another department with an especially high security level, as well as transfer to a prison or department with a high security level.

An administrative decision concerning committal to a department with an especially high security level may be applicable for up to six months at a time. The detention may continue without interruption if, after renewed consideration, the regional level so decides in a new administrative decision.

Section 6-2.Conditions for committal to a department with an especially high security level

Convicted persons and persons remanded in custody who are considered to represent a high risk of escape, risk of receiving outside assistance to escape, risk of taking hostages or risk of committing new, very serious crimes, may be placed in a department with an especially high security level.

When other security measures have proven to be or appear to be clearly inadequate, inmates who have been guilty of repeated violence or particularly threatening conduct may also be included.

Section 6-3.Company of other inmates

Inmates in a department with an especially high security level shall not interact with inmates from other departments.

The local level will decide whether multiple inmates in a department with an especially high security level shall interact with one another.

Exclusion from company in a department with an especially high security level is not subject to a time limit, provided that such exclusion is not deemed to be disproportionate.

Section 6-4.Work, training, programmes or other initiatives

Restrictions on interaction between inmates shall be compensated through expanded contact with staff and adequate work, training and other activities and leisure options.

Section 6-5.Religion and philosophy of life

As a general rule, discussions with priests, ministers of religion, spiritual advisers or other ethical advisers shall be conducted subject to the control measures applicable to ordinary visits. The local level can ease up on control measures in the case of religious activity after prior consent is granted at regional level.

Section 6-6.Reporting and interviews

The local level will decide whether and when reporting may take place. A prison officer shall accompany reporters and any colleagues at all times.

Reporters and their colleagues are subject to a duty of confidentiality as regards information pertaining to security and shall be informed of this responsibility and are also required to clarify with the local level whether the material they intend to publish contains confidential information. The media are themselves responsible for ensuring that the rules regarding press ethics are complied with and that publication will not be in breach other provisions.

The local level may impose further conditions for the practical implementation of reporting or interviews.

Section 6-7.Health Service

Inmates shall have regular medical supervision. As a general rule, medical supervision and follow-up shall be carried out in a department with an especially high security level. In exceptional cases, this may occur outside the prison, but there must then be a prior assessment as to whether armed police shall be present and provide security at all times. If possible, prior consent shall be obtained from the regional level before a decision is made for an escorted visit to a hospital. The regional level will decide whether the sentence may be served in hospital.

Section 6-8.Inspection of inmates, rooms and possessions

In departments with an especially high security level, the inmates themselves and the possessions they bring with them shall always be inspected on arrival, as well as before and after outings.

Section 6-9.Inspections of other persons and objects

Advanced information shall be obtained, and at least every six months, from the central register of convicted persons concerning every person who seeks access to a department with an especially high security level, with the exception of diplomats and consular representatives. With regard to visitors and other persons who are not employed in the prison, a prior check shall also be carried out as to whether the police have other information of importance from a security standpoint.

Every person who enters or exits a department with an especially high security level shall pass through a metal detector and be subject to other mandatory checks. A search may be conducted by consent if a positive result is obtained from controls by means of technological equipment or a dog, or by spot-checking or routine control or on suspicion. This also includes an officially appointed defence counsel or representative of a public authority, including a diplomatic or consular representative, as well as members of staff.

If the inspection gives a positive result, the unlawful object shall be seized and handed over to the police or temporarily retained.

It is not permitted to take objects into or out of a department with an especially high security level without special approval. All objects that are taken into or out of a department with an especially high security level shall be carefully checked, if necessary by means of radiography or the like. Inspection of objects belonging to an officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative, must not involve the disclosure or destruction of any confidential contents of a letter or documents.

No person is permitted to bring a mobile telephone or the like into the department. Any mobile telephone or the like that may happen to be brought into the department shall be left in the care of prison staff until the visit has ended.

Refusal to accept control measures, and evasion of or attempted evasion of control measures may result in instant denial of entry. The same applies if the control measures provide a positive result, or there is otherwise reason to assume that a person is attempting to bring in objects that are not permitted in the prison. For the same reasons, such persons may be detained in the prison until the police arrive. However, if it is assumed that other security measures are adequate, the said persons may still be permitted access to the department.

An officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative, may not be detained and may only be denied entry if he or she does not cooperate with the inspection.

Section 6-10.Visits

Visits shall be carried out by using a glass wall and audio surveillance, or with a staff member in the room. The local level can ease up on these control measures after prior consent is granted at regional level. Relaxations cannot be permitted if the visitor resists the mandatory control measures.

An officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative, shall be permitted to communicate freely with inmates, without audio surveillance or staff presence in the visiting room. A glass wall shall be used and the visit may also be conducted under supervision.

All conversations must be in Norwegian or English or a language understood by the staff member who is monitoring the conversation. This requirement does not apply to conversations inmates have with an officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative. Breach of the language requirement shall lead to the immediate interruption of the visit.

Section 6-11.Mail

Mail to and from inmates shall be checked using fluoroscopy or similar methods and opened and read before it is delivered or sent. All or part of this mail can be confiscated. The same checks can be conducted for mail that inmates have already received. Correspondence shall take place in Norwegian or English or a language understood by the staff member.

Inmate correspondence with an officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative, shall be controlled by radiography or the like and, if there are suspicions, may be opened by a staff member in the presence of the inmate, but shall not be read by the staff member. Such controls must not result in the disclosure or destruction of the confidential contents of a letter or documents.

Section 6-12.Telephone calls

All telephone calls shall be approved in advance at local level and must be in Norwegian or English or a language understood by the staff member conducting the control.

All telephone calls to and from inmates shall be fully monitored. The inmate and the person he or she is having a conversation with must be informed of this monitoring in advance. A staff member may interrupt the call if the language requirement is not complied with, or when there may be reason to assume misuse.

Calls to and from an officially appointed defence counsel and a representative of a public authority, including a diplomatic or consular representative, cannot be subject to audio surveillance.

Investigations to ascertain the true identity of the other party to the conversation shall be carried out in advance and possibly during the conversation.

A tape recording of a conversation may be made if it is suspected that an escape is being planned. Such recordings may not be made of conversations with an officially appointed defence counsel or a representative of a public authority, including a diplomatic or consular representative.

Section 6-13.Escorted leave

Escorted leave may only be granted in extraordinary cases in the event of medical treatment, and then only pursuant to the rules stipulated in section 6-7 of these Regulations.

Section 6-14.Departures from or relaxations of control measures

Under no circumstances shall there be a relaxation of the above-mentioned rules without a decision from the regional level.

Section 7-1.Objective

The execution of a sentence with electronic monitoring pursuant to section 16a of the Execution of Sentences Act is a form of executing a sentence outside of prison which has the objective of enhancing the convicted person's ability to comply with his or her social and financial obligations while serving the sentence, contributing to appropriate progression and reducing the risk of new criminality.

Section 7-2.Who shall be permitted to execute the sentence with electronic monitoring

A convicted person who has not commenced execution of an unconditional prison sentence of up to six months and who satisfies the conditions for electronic monitoring may be permitted to serve the entire sentence in this manner to avoid potential negative consequences of incarceration.

A convicted person who has commenced execution of the sentence and who meets the conditions for electronic monitoring may be transferred to partial execution of the sentence in this manner for up to six months of the time remaining until expected release as part of appropriate progression. Such a transfer cannot be undertaken until one-third of the unconditional sentence has been served, unless the convicted person is under the age of 18 or is permanently incapable of serving the sentence. Permanently incapable of serving the sentence means that the convicted person or inmate is unable, for health reasons, to serve the sentence in a prison pursuant to section 10, paragraph one (a) to (c) of the Execution of Sentences Act, or in an institution pursuant to section 12 of the Execution of Sentences Act.

If the purpose of the sentence or security reasons contraindicate this, or there is reason to assume that the convicted person will evade execution of the sentence, or it is otherwise considered inadvisable, execution of the sentence with electronic monitoring shall not be approved.

Persons convicted of sexual offences pursuant to Chapter 26 of the Penal Code or violent offences pursuant to sections 274, 275, 277, 279, 281 to 286 or 288 of the Penal Code shall not be permitted to execute the sentence with electronic monitoring. Persons convicted of violent offences pursuant to sections 271 to 273, 278, 280 or 287 of the Penal Code or who have had the sentence determined pursuant to section 276, paragraph two of the Penal Code, can be permitted to execute the sentence with electronic monitoring unless the offence was committed against a child or a person who the convicted person lived with or still lives with, or the convicted person has previously been convicted of similar offences. First and second sentences do not apply to convicted persons who are under the age of 18 or permanently incapable of serving the sentence.

Convicted persons who have been charged with new criminal offences or for whom a final decision has been handed down to expel them from the country shall not be permitted to execute the sentence with electronic monitoring unless there are special grounds for this.

Section 7-3.Conditions for execution of the sentence with electronic monitoring

Convicted persons who will execute the sentence with electronic monitoring must have access to a suitable residence with electricity installed and the possibility of a suitable telephone connection. Convicted persons must accept visits by the Norwegian Correctional Service or others authorised by the Norwegian Correctional Service.

Everyone who is over the age of 18 and lives together with the convicted person must have consented to the convicted person being permitted to execute the sentence with electronic monitoring.

The convicted person must accept the requirements and conditions stipulated by the Norwegian Correctional Service for execution of the sentence.

Section 7-4.Requirements for the convicted person during execution of the sentence

The convicted person must follow the plan for execution of the sentence that has been prepared by the Norwegian Correctional Service.

The convicted person must be employed in Norway during execution of the sentence. Employment must be able to be adequately monitored. The employment requirement may be fully or partly deviated from if it is impossible to activate the convicted person or such activation must be limited due to the convicted person's health condition, he or she is incapable of serving the sentence or disability.

The convicted person must meet with the Norwegian Correctional Service or other public authority, person or organization designated by the Norwegian Correctional Service at least once a week. The Norwegian Correctional Service can arrange several meetings in the plan for execution of the sentence if this will promote the purpose of executing the sentence with electronic monitoring pursuant to section 7-1.

The convicted person must abstain from using intoxicating substances during the entire execution of the sentence. Controls for detecting the use of intoxicating substances can be carried out pursuant to section 29 of the Execution of Sentences Act, cf. section 3-26 of the Regulations and section 16 of the Execution of Sentences Act, cf. section 56.

Section 7-5.Monitoring conditions

The Norwegian Correctional Service must monitor that the stipulated conditions are complied with and that the plan for execution of the sentence is followed.

The Norwegian Correctional Service can carry out unannounced control visits to the home and at the place of employment to verify that the conditions for execution of a sentence with electronic monitoring are being complied with.

If controls using radio frequency technology are inadequate for monitoring compliance with the conditions for execution of the sentence with electronic monitoring, the Norwegian Correctional Service may also order the use of:

If tracking technology is used, the Norwegian Correctional Service must use situational tracking. Situational tracking refers to tracking that is activated when the convicted person violates the conditions that are stipulated pursuant to section 16, paragraph three (d) and (e) of the Execution of Sentences Act. If the convicted person violates these conditions, the Norwegian Correctional Service can continually track the convicted person's geographical position.

Video calls can be used to identify the convicted person and monitor compliance with the conditions stipulated pursuant to section 16, paragraph three (d) and (e) of the Execution of Sentences Act. Video calls may also be used as an alternative to control visits pursuant to paragraph two and meetings pursuant to section 7-4, paragraph three.

Fingerprints may be used to confirm that the convicted person is at the residence. Facial recognition can be used to confirm that the correct person is taking a breathalyser test when remote alcohol testing is used.

To check whether the convicted person is consuming alcohol, a remote alcohol test can be carried out at any time during execution of the sentence with electronic monitoring, cf. section 7-4, paragraph four.

Before adopting the technology, the Norwegian Correctional Service must inform the convicted person about the digital technology that will be used in the convicted person's case, the personal data that will be processed as a result of such use, and the consequences of any breaches that are discovered.

The level of control shall be adapted to the risk each convicted person represents, and must not be stricter or more comprehensive that is necessary for serving this purpose. The control measures shall be continually assessed and adjusted if necessary.

Section 7-6.Leave of absence

The convicted person must remain in his or her home during the entire execution of the sentence, however may leave if the purpose of doing so is employment or meeting for the Norwegian Correctional Service or other public authority, person or organization designated by the Norwegian Correctional Service.

If there are no security reasons that would argue against this, the Norwegian Correctional Service may grant the convicted person leave for shorter periods of time when this is considered appropriate. Following an individual assessment, convicted persons who are transferred to partial execution of the sentence with electronic monitoring may be granted a leave-of-absence quota pursuant to section 3-30, paragraph two of the Regulations.

Section 7-7.Sanctions in the event of breach of requirements and conditions

In the event of breach of the requirements and conditions that have been set by the Norwegian Correctional Service for execution of the sentence, the Norwegian Correctional Service can decide to transfer the convicted person to prison or issue a written reprimand pursuant to section 14, paragraph seven and section 40, paragraph three of the Execution of Sentences Act.

When determining the sanction to be employed, emphasis will be placed on the severity of the breach and the circumstances relating to the breach.

Section 7-8.Procedure

The Norwegian Correctional Service shall inform the convicted person of the possibility of applying for execution of the sentence with electronic monitoring. Convicted persons who have not commenced execution of the sentence must send an application within three weeks after having received the information sheet from the Norwegian Correctional Service.

If this involves partial execution of the sentence, the Norwegian Correctional Service shall ensure that the convicted person can apply for execution of the sentence with electronic monitoring in sufficient time to enable such execution to commence as close as possible to six months prior to expected release.

Section 7-9.Information to children

The Norwegian Correctional Service shall provide children who are impacted by a decision regarding execution of a sentence with electronic monitoring with information about the process and give them an opportunity to make a statement before a decision is made. Section 31 of the Children Act applies correspondingly.

Section 8-1.Target group for unpaid work in lieu of a fine

Following an application from a person who has been fined, the Norwegian Correctional Service can decide that an alternative sentence of imprisonment handed down in a judgment, penalty charge or simplified penalty charge shall be executed through unpaid work in lieu of a fine. Performing unpaid work in lieu of a fine presupposes that the person who has been fined has his or her place of residence and domicile in Norway during the execution period.

In instances in which unpaid work in lieu of a fine may be applicable, the Norwegian Correctional Service must inform the person who has been fined about the possibility of applying for unpaid work in lieu of a fine as an alternative to serving the alternative sentence of imprisonment. A person who has commenced execution of an alternative sentence of imprisonment may also apply for unpaid work in lieu of a fine.

Section 8-2.Assessment interview and plan for execution of the sentence

After having received an application from a fined person for unpaid work in lieu of a fine, there will then be one or more assessment interviews in which assessments are made of the ability of the person in question to complete unpaid work in lieu of a fine and other preconditions.

If the application is approved, the Norwegian Correctional Service shall prepare a plan for execution of the sentence together with the fined person. The plan for execution of the sentence describes the details of the unpaid work in lieu of a fine and other frameworks for execution. The Norwegian Correctional Service stipulates a number of hours for unpaid work in lieu of a fine and a maximum execution period before this commences. The number of hours must be equivalent to two hours of unpaid work in lieu of a fine for each day of the alternative sentence of imprisonment. Time spent on the assessment interview and start-up interview shall not be included in the number of hours of unpaid work in lieu of a fine.

If the fined person has paid part of the fine, the Norwegian Correctional Service shall make a proportionate deduction in the number of days of an alternative sentence of imprisonment for execution of the sentence through unpaid work in lieu of a fine. Part of a day shall be considered a full day when converting to the number of hours of unpaid work in lieu of a fine. When determining the number of hours, the Norwegian Correctional Service shall make deductions for the alternative sentence of imprisonment the fined person has already served.

The execution period does not include the period during which the convicted person has been granted an interruption pursuant to section 57 of the Execution of Sentences Act. Section 3-3, paragraph one (c) and paragraph two of these Regulations shall otherwise apply in so far as they are appropriate.

If the fine is fully or partly paid after unpaid work in lieu of a fine has commenced, the Norwegian Correctional Service shall make a proportionate deduction in the number of days of the alternative sentence of imprisonment that shall be served through unpaid work in lieu of a fine. Part of a day shall be considered a full day when converting to the number of hours of unpaid work in lieu of a fine.

Section 8-3.Exchange of information between the Norwegian Correctional Service and the Norwegian National Collection Agency

If this is required and within the rules pertaining to the duty of confidentiality, the Norwegian Correctional Service and the Norwegian National Collection Agency shall exchange information in connection with the execution of alternative sentences of imprisonment through unpaid work in lieu of a fine.

Section 8-4.Details of unpaid work in lieu of a fine

Unpaid work in lieu of a fine shall normally consist of performing community service. External contractors can assist with the practical implementation of unpaid work in lieu of a fine.

If health conditions or other circumstances make community service particularly burdensome for the person who has been fined, in exceptional circumstances the unpaid work in lieu of a fine may consist of a programme or other measures suitable for preventing crime.

Section 8-5.Start-up interview

Unpaid work in lieu of a fine commences with a start-up interview between the Norwegian Correctional Service and person who has been fined. The execution period will run from the date the start-up interview was completed. The start-up interview can take place prior to release from prison.

Section 3-1 of the Regulations relating to deferment of execution of sentence shall apply insofar as this is appropriate.

Section 8-6.Fined persons who have received multiple criminal sanctions

If a fined person shall serve an alternative sentence after having received multiple fines, the alternative sentence shall be served in accordance with these in order of preference, according to the date of the decision or when the fine was imposed.

Unpaid work in lieu of a fine can be performed at the same time as a duty to appear when on parole, driving while under the influence prevention programme and anti-drug programme with court supervision, provided that the objectives of the forms of executing a sentence are fully safeguarded and there is no reduction in the total number of hours of unpaid work in lieu of a fine and meetings for the Norwegian Correctional Service. Unpaid work in lieu of a fine can also be performed during a probationary period following parole and during a probationary period following a suspended sentence.

Unpaid work in lieu of a fine cannot be performed at the same time as an unconditional prison sentence or community sentence.

Section 8-7.Interruption of the sentence

Section 5-3, paragraph one of the Regulation regarding interruption of the sentence shall apply correspondingly for unpaid work in lieu of a fine.

Section 8-8.Breach of conditions and preconditions

The Norwegian Correctional Service shall monitor compliance with the conditions and preconditions for unpaid work in lieu of a fine. In the event of breach of the conditions and preconditions for unpaid work in lieu of a fine, the Norwegian Correctional Service can issue the fined person with a verbal warning.

In the event of repeated or serious breach of terms or conditions for unpaid work in lieu of a fine, the Norwegian Correctional Service can issue the fined person with a written reprimand or order him or her to be transferred to prison pursuant to section 14, paragraph seven of the Execution of Sentences Act.

The response that is employed will depend on an individual assessment in which the severity of the breach and the circumstances in general will be taken into consideration

Section 8-9.Conclusion of unpaid work in lieu of a fine

Unpaid work in lieu of a fine will conclude when the total number of hours has been completed, irrespective of whether the full execution period was used. Unpaid work in lieu of a fine shall also conclude if the fined person withdraws his or her consent, or a decision has been made to transfer the fined person to prison following breach of the conditions and preconditions for unpaid work in lieu of a fine or due to a new criminal act.

Unpaid work in lieu of a fine shall conclude if the fine is paid. If parts of the fine are paid, part of a day will be considered an entire day, such that the unpaid work in lieu of a fine shall conclude when the remaining amount is equal to less than one day of the alternative sentence of imprisonment.

Section 9-1.Amendments to the Regulations and supplementary guidelines

The authority of the King to stipulate further rules pursuant to section 5, paragraph four of the Execution of Sentences Act is delegated to the Ministry of Justice and Public Security by the Crown Prince Regent's Decree of 22 February 2002 no. 182.

The Directorate of Norwegian Correctional Service will issue more detailed guidelines to the Execution of Sentences Act and these Regulations.

Section 9-2.Entry into force

The Regulations apply from 1 March 2002. The following are repealed from the same date: