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Imprisonment Act

Passed 14 June 2000

(RT I 2000, 58, 376),

entered into force 1 December 2000.

Chapter 1

General Provisions

§ 1. Scope of application of Act

This Act provides the procedure for and organisation of execution of imprisonment, detention and administrative detention and custody pending trial, and the definition and conditions of prison service.

§ 2. Prisoner

For the purposes of this Act, a prisoner means a convicted offender who is serving a sentence of imprisonment in a prison.

§ 3. Detained person

For the purposes of this Act, a detained person means a person who is serving detention or administrative detention in a house of detention.

§ 4. Persons in custody

For the purposes of this Act, a person in custody means a person who is taken into custody, as a preventive measure, and who is serving custody pending trial in a ward prescribed for custody pending trial in a maximum-security prison or in a house of detention.

§ 5. Treatment plan

(1) The treatment plan determines the prisons competent to receive prisoners and persons in custody.

(2) The treatment plan shall be prepared on the basis of the provisions of subsection 11 (1) of this Act.

(3) The treatment plan shall be approved by the Minister of Justice.

Chapter 2

Execution of Imprisonment

Division 1

General Provisions

§ 6. Objective of application of imprisonment

(1) The objective of application of imprisonment is to help prisoners lead law-abiding life and to protect public order.

(2) Imprisonment is applied in maximum-security or open prisons.

§ 7. Maximum-security prisons

(1) A maximum-security prison is a prison with a guarded wall or other barrier which enables constant supervision of prisoners.

(2) For the accommodation of prisoners, a maximum-security prison has cells which enable constant visual and electronic surveillance of prisoners.

§ 8. General conditions in maximum-security prisons

Prisoners shall be permitted to move about freely within the territory of a maximum-security prison at locations provided in the internal rules of the prison from the time of rising until the time of retiring. From the time of retiring until the time of rising, prisoners shall be separated in their individual locked cells.

§ 9. Open prisons

(1) An open prison is a prison with a territory marked by clearly visible signs.

(2) An open prison has residential buildings with rooms for the accommodation of prisoners.

§ 10. General conditions in open prisons

(1) Prisoners are permitted to move about freely within the territory of an open prison from the time of rising until the time of retiring. With the permission of the director of a prison, prisoners are also permitted to move outside of the territory of an open prison in connection with their studies or work.

(2) From the time of retiring until the time of rising, prisoners shall be separated in their individual rooms which shall be locked if necessary. With the permission of the director of a prison, prisoners shall be permitted to stay within or outside of the territory of the open prison in connection with their work from the time of retiring until the time of rising.

(3) The provisions of § 22 of this Act apply with regard to the movement of prisoners outside of the territory of open prisons.

§ 11. Placement of prisoners to prison

(1) Prisoners shall be placed to prisons pursuant to the treatment plan, taking into consideration the length of the actual sentence imposed, the age, sex, state of health and characteristics of the prisoners.

(2) In prisons, prisoners shall be placed in cells or rooms.

§ 12. Requirement of segregation

(1) The following shall be segregated in prisons:

1) men and women;

2) minors and adults;

3) convicted offenders and persons in custody;

4) first offenders and habitual offenders;

5) persons punished by detention and persons punished by imprisonment;

6) persons who are serving life imprisonment;

7) persons who due to their previous professional activities are in risk of revenge.

(2) As an exception, the director of a prison may segregate prisoners on a basis not specified in subsection (1) of this section.

(3) In order to comply with the requirement of segregation, maximum-security prisons shall have separate prison wards and cells.

(4) In open prisons, the provisions of subsection (1) of this section shall be considered in the prescription of different treatment regimes to prisoners.

Division 2

Reception of Prisoners

§ 13. Basis for reception

A person is received into a prison on the basis of a copy of a court judgment or court ruling entered into force and the identity document, or if the person has no identity document, on the basis of identification documents prepared by the police.

§ 14. Reception of prisoners into prisons

(1) Upon arrival in a prison, a prisoner and his or her personal effects are subject to a thorough search which shall be performed by a prison officer of the same sex as the prisoner. A prisoner shall receive medical examination.

(2) Not later than on the day following the date on which a prisoner arrived in a prison, he or she shall meet with the director of the prison or a prison officer appointed by the director who shall explain to the prisoner his or her rights and obligations as a prisoner. A prisoner shall be given written information concerning the Acts which regulate the application of his or her imprisonment, the internal rules of the prison and the submission of complaints.

(3) Prisoners whose actual term of imprisonment exceeds one year shall be placed in the reception ward. In the reception ward, the biographical data of a prisoner shall be verified, his or her socio-psychological prognosis shall be defined and other information necessary for the preparation of an individual treatment programme for the prisoner pursuant to § 16 of this Act shall be ascertained.

(4) Prisoners shall not stay in a reception ward for more than three months.

§ 15. Personal effects of prisoners

(1) The personal effects which a prisoner has with him or her upon reception into a prison shall be deposited with the prison administration.

(2) The Minister of Justice shall provide for a list of effects which a prisoner is permitted to retain in a maximum-security or an open prison, and for the procedure for the deposition of personal effects.

§ 16. Individual treatment programme of prisoner

(1) The individual treatment programme of a prisoner shall prescribe:

1) the placement of the prisoner to a prison;

2) the transfer of the prisoner to an open prison or another maximum-security prison;

3) the prisoner's ability to work and his or her professional skills;

4) the need to provide the prisoner with general education, secondary vocational education or vocational training;

5) privileges granted to the prisoner;

6) measures necessary for the preparation of the release of the prisoner;

7) other measures necessary to achieve the objective of the execution of imprisonment.

(2) The individual treatment programme of a prisoner shall be discussed with the prisoner.

(3) The individual treatment programme of a prisoner shall be amended along with the development of the prisoner.

(4) The individual treatment programme of a prisoner shall be approved by the director of a prison and annexed to the personal file of the prisoner.

§ 17. Personal file of prisoner

(1) The personal file of a prisoner shall be opened upon his or her reception into a prison.

(2) Documents pertaining to the grounds for detention of a prisoner, disciplinary sanctions imposed on the prisoner and the time and the reason for imposition thereof, and information on the conduct, studies and work of the prisoner and other information and documents provided for in the internal rules of the prison shall be entered in the personal file of the prisoner.

(3) The internal rules of a prison shall provide for the procedure for the examination of the personal file of a prisoner by the prisoner and for the terms and procedure for the retention of the personal files of prisoners.

(4) If a prisoner is transferred to another prison, his or her personal file shall be forwarded to that prison.

§ 18. Measures of identification

A person who is received into a prison shall be photographed and fingerprinted. The signaletic photographs and fingerprint card of a prisoner shall be annexed to the personal file of the prisoner. One set of signaletic photographs shall be forwarded to the pre-trial investigation authority which requested that the person be taken into custody where it shall be annexed to the criminal file and one fingerprint card shall be forwarded to the Police Information Bureau.

§ 19. Transfer of prisoners

(1) A prisoner may be transferred from one maximum-security prison to another or from one open prison to another if such transfer is necessary for the implementation of the individual treatment programme of the prisoner, the achievement of the objectives of execution of imprisonment or for reasons of security.

(2) The Minister of Justice shall approve the procedure for the transfer of prisoners.

§ 20. Transfer of prisoners to open prisons

(1) A prisoner may be transferred to an open prison with his or her consent if it becomes evident on the basis of the individual treatment programme of the prisoner that it is not practical for the prisoner to serve his or her sentence in a maximum-security prison, the actual term of his or her imprisonment is not more than one year or if the unserved time of the sentence is not more than eighteen months, and there is adequate reason to presume that the prisoner will not commit new offences.

(2) Prisoners who have committed serious criminal offences against persons, serious sexual offences, criminal offences related to narcotic or psychotropic substances, who were members of criminal organisations or who are serving life imprisonment shall not be transferred to open prisons.

(3) The Minister of Justice shall approve of the procedure for the transfer of prisoners from maximum-security prisons to open prisons.

§ 21. Transfer of prisoners to maximum-security prisons

(1) A prisoner may be transferred to a maximum-security prison if he or she fails to comply with the requirements of this Act or the internal rules of the prison or commits new offences. It is also permitted to transfer a prisoner from an open prison to a maximum-security prison if this is necessary to achieve the objectives of execution of imprisonment.

(2) The Minister of Justice shall approve the procedure for the transfer of prisoners from open prisons to maximum-security prisons.

§ 22. Privileges

(1) The director of a prison may grant the following privileges to a prisoner with the consent of the prisoner:

1) work under supervision off-grounds;

2) unsupervised movement off-grounds related to studies, work, undergoing of treatment or for family reasons.

(2) The privileges provided for in subsection (1) of this section may be granted to a prisoner whose conduct has been good during the time of serving the sentence if there is adequate reason to presume that the prisoner will not commit new offences and will act in compliance with the precepts issued to him or her concerning the privileges.

Division 3

Prisoners' Contact with Outside World

§ 23. Objective of prisoners' contact with outside world

(1) The objective of prisoners' contact with the outside world is to facilitate the prisoners' contact with their families, relatives and other close persons in order to prevent the breaking of the prisoners' social links.

(2) Prison administrations shall facilitate the prisoners' contact with the outside world.

§ 24. Short-term visits to prisoners

(1) Prisoners shall be permitted to receive at least one supervised visit per month from their family members and other persons with regard to whose reputation the prison administration has no reasoned doubts.

(2) The duration of a short-term visit shall be up to three hours. The procedure for the visits shall be provided for in the internal rules of the prison.

(3) Prisoners who are citizens of foreign states have the unrestricted right to receive visits from consular officers of their countries of nationality.

(4) A prisoner who is committed to a punishment cell to serve a disciplinary sanction shall not be allowed to receive short-term visits.

§ 25. Long-term visits to prisoners

(1) A prisoner shall be allowed to receive long-term visits from his or her spouse, father, mother, grandfather, grandmother, child, adoptive parent, adoptive child, brother or sister. A prisoner shall be allowed to receive long-term visits from his or her cohabitee on condition that the prisoner and his or her cohabitee have a common child or a shared household or that they had cohabited for at least two years before the prisoner began to serve his or her sentence.

(2) Long-term visit means that the prisoner and the visitor are allowed to live together without constant supervision in prison premises designated for such purpose during a period of one up to three days. The procedure and frequency of long-term visits shall be provided for in the internal rules of the prison.

(3) A prisoner who is staying in the reception ward of a prison or is committed to a punishment cell to serve a disciplinary sanction shall not be allowed to receive long-term visits.

§ 26. Visits from criminal defence counsel and minister of religion

(1) Prisoners have the unrestricted right to receive visits from their criminal defence counsel and ministers of religion. Visits from criminal defence counsel and ministers of religion shall be uninterrupted.

(2) It is prohibited to review the content of the written material brought along by criminal defence counsel.

§ 27. Surveillance of visits to prisoners

(1) Prison officers have the right to search the person who is permitted to visit a prisoner, and the personal effects of the visitor. The search shall be conducted by a prison officer of the same sex as the visitor. Items the holding of which is prohibited in a prison shall be temporarily deposited with the prison administration during the duration of the visit.

(2) Short-term visits to prisoners are allowed in the presence of a prison officer. Visits from a legal defence counsel or a minister of religion shall be allowed within sight but not within hearing distance from prison officers.

(3) A prison officer has the right to terminate immediately a short-term visit if the visit may endanger the security or violate the internal rules of the prison. It is not permitted to terminate visits from legal defence counsel.

§ 28. Correspondence and telephone calls

(1) Prisoners have the right to correspondence and the use of telephone and other public communication channels if relevant technical conditions exist. Correspondence and the use of telephone and other public communication channels shall be effected pursuant to the procedure provided for in the internal rules of the prison.

(2) Costs related to correspondence and the use of telephone and other public communication channels shall be borne by the prisoner.

(3) The director of a prison may restrict the right provided for in subsection (1) of this section if such right endangers the security or violates the internal rules of the prison or damages the objectives of imposition of imprisonment. It is prohibited to restrict a prisoner's right of correspondence, use of telephone or other public communication channels for communication with state agencies, local governments and their officials and with legal defence counsel.

§ 29. Surveillance of correspondence and telephone calls

(1) A prison officer shall open letters sent by or to a prisoner in the presence of the prisoner, except letters addressed to the persons and agencies provided for in subsections (4)-(5) of this section, and shall confiscate any items the holding of which in a prison is prohibited by the internal rules of the prison.

(2) The contents of a prisoner's correspondence and messages forwarded by telephone or other public communication channels may be examined only with the permission of a court and on the bases and pursuant to the procedure provided for in the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271, 31, 425, 95, 845; 2000, 35, 222, 40, 251).

(3) Upon the examination of correspondence pursuant to the procedure provided for in subsection (2) of this section, the director of a prison has the right to refuse to forward a letter if:

1) the forwarding of the letter endangers the objectives of application of imprisonment or the security or violates the internal rules of the prison;

2) the forwarding of the letter may result in a criminal offence;

3) the forwarding of the letter endangers the objectives of imposition of imprisonment of another prisoner;

4) the letter is enciphered or illegible.

(4) It is prohibited to examine the contents of prisoners' letters and telephone messages to the legal defence counsel, prosecutor, a court, the Legal Chancellor or the Ministry of Justice.

(5) It is prohibited to refuse to forward a prisoner’s letters to state agencies, local governments and the officials thereof, to the legal defence counsel and consular officers of prisoner’s country of nationality.

§ 30. Newspapers and periodicals

(1) Prisoners shall be provided with the possibility to read national daily newspapers and national periodicals in a prison.

(2) A prisoner shall be permitted to subscribe for a reasonable number of newspapers, periodicals and other pieces of literature out of his or her personal resources unless the subscription endangers the objectives of imposition of imprisonment or the security or violates the internal rules of the prison.

§ 31. Radio and television

(1) Prisoners shall be allowed to listen to radio broadcasts and watch television broadcasts in a prison.

(2) With the permission of the director of a prison, a prisoner shall be allowed to possess a personal radio, television set, audio tape recorder, video tape recorder or other items necessary for the spending of leisure time unless use of such items violates the internal rules of the prison or disturbs other people.

(3) A prisoner shall bear the costs related to the use of electrical equipment specified in subsection (2) of this section.

§ 32. Prison leave

(1) The director of a prison may grant permission for prison leave with the overall duration of twenty one calendar days annually to a prisoner who has served at least one year of the sentence and if prison leave is compatible with the objectives of imposition of imprisonment.

(2) The director of a prison may grant to a prisoner permission for prison leave with the duration of up to seven days in the case of the terminal illness or the death of the prisoner's spouse, father, mother, grandfather, grandmother, child, adoptive parent, adoptive child, brother or sister, or in the case of other emergencies. The duration of prison leave granted in the case of a family emergency shall not be included in the calculation of the duration of the prison leave specified in subsection (1) of this section.

(3) Prisoners serving a life sentence shall not be granted permission for the prison leave specified in subsection (1) or (2) of this section.

(4) A prisoner shall bear the cost of his or her prison leave. The time spent by a prisoner on prison leave shall be included in the duration of the prisoner’s sentence.

(5) The Minister of Justice shall approve the procedure for the grant of prison leave.

§ 33. Prison leave under supervision

(1) On the bases provided for in subsection 32 (2) of this Act, the director of a prison may grant to a prisoner permission for prison leave under supervision of up to three days if it is not possible to grant prison leave to the prisoner arising from the objectives of application of imprisonment.

(2) A prisoner shall bear the costs of his or her prison leave under supervision.

Division 4

Education and Work in Prison

§ 34. Opportunity to acquire education

(1) The objective of providing an opportunity to prisoners to acquire education to is to ensure that the prisoners have adequate knowledge, skills and ethical principles which allows the prisoners to continue their education and work after release.

(2) Education activities in prisons shall be organised pursuant to the Republic of Estonia Education Act (RT 1992, 12, 192; RT I 1993, 35, 547; 40, 593; 63, 892; 1994, 12, 200; 1995, 12, 119; 16, 228; 23, 333; 58, 1003; 1996, 49, 953; 51, 965; 1997, 42, 678; 81, 1365; 1998, 57, 859; 61, 980; 65/64, 1007; 1999, 10, 150; 24, 358; 51, 550; 102, 908; 200, 40,255) and legislation issued on the basis thereof.

(3) The acquisition of education shall be organised during working hours.

(4) A prison administration shall direct and encourage prisoners in the acquisition of education.

§ 35. General education

(1) Prisoners who lack basic education shall be provided with the opportunity to acquire basic education on the basis of a corresponding national curriculum.

(2) Prisoners who have acquired basic education shall be provided, at their request, with the opportunity to acquire general secondary education in prison on the basis of the national curriculum.

(3) Prisoners with secondary education may be permitted, at their request, to study at vocational educational institutions, institutions of applied higher education or universities located outside prisons. The Minister of Justice shall establish the procedure for the application for permission and the grant thereof.

(4) The privileges provided for in § 22 of this Act shall apply with regard to prisoners who are granted permission to study outside prison.

(5) Schools providing basic and general secondary education within the territory of a prison are state schools administered by the Ministry of Education and shall be financed out of allocations from the state budget on the bases and pursuant to the procedure provided by the Basic Schools and Upper Secondary Schools Act (RT I 1993, 63, 892; 199, 42, 497; 79, 730; 2000, 33, 195).

§ 36. Secondary vocational education

(1) Prisoners shall be provided with the opportunity to acquire secondary vocational education and to participate in vocational training according to their wish and aptitude. Areas of specialisation which are in the highest demand in society shall be preferred upon providing prisoners with education.

(2) A prison administration shall ensure that school workshops, teaching aids, equipment, tools, facilities of occupational health and safety and material necessary for the acquisition of secondary vocational education and carrying out vocational training such as to enable the prisoners to acquire expertise and professional skills according to the standard prescribed by the curriculum exist, and practical training in the areas of specialisation taught in the prison.

(3) Prisoners who are not proficient in Estonian shall be provided, at their request, with an opportunity to study Estonian.

(4) Schools providing vocational education within the territory of a prison are state schools administered by the Ministry of Education and shall be financed out of allocations from the state budget on the bases and pursuant to the procedure provided by the Vocational Education Institutions Act (RT I 1998,64/65, 1007; 1999, 10, 150, 51, 550), taking into consideration the differences provided for in section (2) of this section.

§ 37. Mandatory work

(1) Prisoners are required to work unless otherwise provided for in this Act.

(2) The following categories of prisoners are not required to work:

1) prisoners of more than 63 years of age;

2) prisoners who are acquiring general or secondary vocational education or participating in vocational training;

3) prisoners who are unable to work for health reasons;

4) prisoners who are raising a child of less than 3 years of age.

(3) The medical officer of a prison shall determine the ability of prisoners to work.

(4) The manner and content of work organisation shall correspond, as far as possible, to the organisation of work outside of prison.

(5) Prisoners may be required to work at the plants specified in subsection 38 (3) of this Act only with the consent of the prisoners.

§ 38. Providing prisoners with work in prison

(1) A prison administration shall ensure that a prisoner is provided with work, considering the physical and mental abilities and skills of the prisoner. If it is impossible to ensure that a prisoner is provided with work, the prisoner shall be required to participate in the maintenance of the prison.

(2) In order to ensure prisoners with work, a prison may build plants within or outside the territory of the prison, allow prisoners to work outside the prison or require prisoners to participate in the maintenance of the prison.

(3) In order to ensure prisoners with work, permission may be granted to build plants within the territory of a prison also to natural persons or companies whose sole shareholder is not the state if such persons or companies enter into a corresponding contract with the state. The Minister of Justice shall approve the requirements for such the contract.

§ 39. Working conditions in prison

(1) Prisoners’ working conditions shall comply with the requirements established by labour protection law, except the specifications arising from this Act. A prison administration is required to ensure that prisoners are guaranteed working conditions which are safe to life and health.

(2) Prisoners may be required to work overtime, on their days off and on public holidays only with the consent of the prisoners.

(3) Prisoners participating in the maintenance of the prison are required to work according to the nature the work at the discretion of the prison administration.

(4) On the order of the director of a prison, prisoners shall be required to participate in the prevention of a natural disaster, epidemic, accident or catastrophe or the elimination of the effects thereof and in case of other emergencies. In such event, the prison administration shall ensure the security and safety of the prisoners.

§ 40. Disability pension

A prisoner who, while in prison, suffers partial or full loss of capacity for work due to an accident at work or an occupational disease and who has no dependants shall be paid disability pension after the release pursuant to the procedure provided by law. A prisoner who has dependants shall be paid disability pension also during the time of the imprisonment pursuant to the procedure provided by law.

§ 41. Work outside of prison

(1) A prisoner with regard to whom there is adequate reason to presume that he or she will not commit a new offence shall, with his or her consent, be allowed to work outside a prison without supervision or under supervision if this complies with the objectives of imposition of imprisonment and the individual treatment programme of the prisoner. In such case, the provisions of § 22 of this Act shall apply.

(2) Provisions of labour law, including the provisions concerning entry into employment contracts, remuneration and holidays, shall apply to unsupervised work of prisoners outside a prison. An employment contract entered into with a prisoner shall not indicate that he or she is serving a sentence.

(3) An employer shall transfer the wages of a prisoner who is working outside a prison to the bank account of the prison.

§ 42. Release from mandatory work

(1) If a prisoner has worked or participated in the maintenance of the prison for one year, the prisoner has the right to apply for release from mandatory work for up to twenty eight calendar days. Prisoners shall not be remunerated for the time when they are released from mandatory work.

(2) Days on which a prisoner did not work due to an illness shall be included in the working year of a prisoner, however, not more than to the extent of six weeks.

§ 43. Remuneration of work of prisoners

(1) Prisoners who work shall receive remuneration. Prisoners who are required to participate in the maintenance of a prison shall also be remunerated.

(2) Remuneration of a prisoner is calculated based on the current minimum wage, the nature of the work and the amount of time that the prisoner worked. The Government of the Republic shall approve the procedure for remuneration of the work of prisoners.

(3) The director of a prison may reduce the remuneration of a prisoner working in the prison for up to 60 per cent for unsatisfactory work results due to the fault of the prisoner. Remuneration shall be reduced on proposal of the person who organises the work.

(4) The prisoner shall be informed in writing of the amount of his or her remuneration.

§ 44. Personal account

(1) A prison administration shall ensure that the wages and other funds paid to a prisoner are transferred to the internal personal account of the prisoner.

(2) Of the funds deposited on the personal account of a prisoner, 50 per cent shall be reserved for the satisfaction of civil claims, 20 per cent shall be deposited as a savings fund to be handed over to the prisoner on release and the rest of the funds shall be reserved for the use of the prisoner inside the prison pursuant to the internal rules of the prison. If no civil claims exist against the prisoner or if the claims amount to less than 50 per cent of the funds in the prisoner's personal account, the corresponding funds in the personal account of the prisoner shall also be deposited as a savings fund to be handed over to the prisoner on release.

(3) At the request of the prisoner, the funds reserved for the use of the prisoner inside the prison may be used for the satisfaction of civil claims, sent to his or her family members or dependants or transferred to his or her bank account.

Division 5

Living Conditions and Health Care in Prison

§ 45. Dwellings of prisoners

(1) The dwellings of prisoners shall be in conformity with the requirements of construction technology, health and hygiene. The dwellings of prisoners shall have windows to ensure suitable lighting of the premises.

(2) Prisoners are required to clean their dwellings and the furnishings and keep them in order.

§ 46. Clothing of prisoner

(1) Prisoners shall wear prison clothing unless otherwise provided for in this Act. Prisoners are required to wear a name tag attached to their clothing.

(2) The director of a prison may permit a prisoner to wear personal clothing if the prisoner cleans, keeps in order and regularly changes the clothing at his or her own expense.

§ 47. Provision of food for prisoners

(1) The provision of food for prisoners shall be organised in conformity with the general dietary habits of the population with a view to meet the food requirement necessary for survival. Food shall be provided for prisoners on a regular basis and it shall be such as to meet the requirements of food hygiene.

(2) The medical officer of a prison shall supervise the preparation of the prison's menu and the provision of food.

(3) Prisoners shall be ensured with dietetic food as prescribed by a doctor. As far as possible, prisoners shall be permitted to observe the dietary habits of their religion.

§ 48. Shopping

(1) Prisoners may, through the mediation of the prison, buy foodstuffs, toiletries and other items the holding of which is permitted in prison, out of the funds deposited in their personal accounts pursuant to the procedure provided for in the internal rules of the prison.

(2) A prisoner may be prohibited to buy particular foodstuffs or the right to buy particular foodstuffs may be restricted as prescribed by a doctor if such foodstuffs may damage the prisoner's health.

§ 49. Organisation of health care in prison

(1) Health care in prisons constitutes a part of the national health care system. Health care in prisons shall be organised pursuant to the Health Care Administration Act (RT I 1994, 10, 133; 1995, 57, 978; 1997, 86, 1462; 1999, 18, 305; 23, 351; 97, 860) and legislation issued on the basis thereof.

(2) Health care in prisons shall be financed out of state budget.

§ 50. Personal hygiene of prisoners

(1) Prisoners must take care of their personal hygiene.

(2) Prisoners shall be given the opportunity to have a sauna, bath or shower at least once a week and upon reception into prison.

(3) Prisoners shall be provided with hairdressing and barber's services. It is permitted to shave a prisoner’s head only with respective prescription of a doctor or at the prisoner’s request.

§ 51. Imposition of coercion in personal hygiene

The director of a prison may impose coercion to ensure compliance with hygiene requirements if a prisoner fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to his or her health or to the health of other prisoners. The imposition of coercion shall not endanger the life or health of a prisoner.

§ 52. Medical officer of prison

(1) Health care in a prison shall be organised by the medical officer of the prison.

(2) The medical officer of a prison is required to supervise the state of prisoners' health on a constant basis, treat them in prison to the extent possible and place them in treatment in medical care institutions prescribed for the purpose, and perform other duties assigned to the medical officer.

§ 53. Treatment of prisoners

(1) Prisons shall have permanent treatment facilities for the supervision of the state of health of prisoners and for treatment of prisoners.

(2) Prisoners who need treatment which cannot be provided in a prison shall be placed in treatment in an appropriate medical institution by the medical officer of the prison. Prisons shall ensure the guard of prisoners in medical care institutions.

(3) The time which a prisoner spends in a medical institution shall be included in the prisoner's sentence.

(4) Prisoners’ medical treatment expenses shall be paid out of state budget.

§ 54. Special conditions for women prisoners

(1) Prisons shall provide separate premises fitted out for women prisoners who are pregnant and organise care for children. A mother and her child of up three years of age (inclusive) shall be allowed to live together at the request of the mother if the guardianship authority grants consent.

(2) A prison administration shall ensure that the ties of a mother with her child over three years of age are sustained unless this disturbs the normal raising of the child or has a negative influence on the child.

§ 55. General physical condition of prisoners

(1) Prisoners shall be provided with the opportunity to engage in sports.

(2) Prisoners shall be allowed at least one hour of walk in the open air daily.

§ 56. Informing of death or illness

Upon serious illness or the death of a prisoner, the director of a prison shall promptly inform the immediate family of the prisoner or any other person as designated by the prisoner.

Division 6

Social Welfare in Prison

§ 57. Objective of social welfare

The objective of social welfare is to assist the prisoners to sustain and develop essential and positive contacts with the outside world, to increase the prisoners' independent coping abilities and to encourage law-abiding behaviour of prisoners.

§ 58. Social workers of prisons

(1) Social welfare in a prison shall be organised by the social worker of the prison appointed by director of the prison.

(2) Persons with corresponding higher education may be appointed as social workers of prisons.

(3) All social guarantees provided for prison officers shall extend to social workers of prisons.

§ 59. Social welfare upon reception into prisons of prisoners

Upon reception into prison, a prisoner shall receive counselling with regard to ensuring social security to people close to him or her and the retention of the prisoner’s property; legal assistance shall be provided to the prisoner.

§ 60. Social welfare on release of prisoners

(1) In preparation of the release of a prisoner, the prisoner shall be provided with assistance in resolving issues related to the management of his or her financial affairs and personal life, and in preparation of documents. A prisoner shall be informed of the possibility to receive social benefits provided by general social welfare.

(2) In preparation of the release of a prisoner, information concerning the prisoner's need for social welfare services after his or her release shall be forwarded to the rural municipality or city government of the prisoner's residence and the prisoner's possibilities to receive specific aid shall be ascertained.

(3) If the residence of a prisoner or his or her family is not known or if a prisoner does not wish to return to his or her former residence, information concerning the prisoner shall be forwarded to another rural municipality or city government considering, if possible, the prisoner's wishes concerning his or her choice of residence.

(4) At the request of a rural municipality or city government, a prison is required to forward to a rural municipality or city government the information and documents necessary for the provision of social welfare services to a released prisoner.

§ 61. Involvement of probation officers

(1) Upon preparation of the release of a prisoner before the prescribed time, information concerning the prisoner shall be forwarded to the probation supervision department of the residence of the prisoner or his or her family.

(2) If the residence of a prisoner or his or her family is not known or if a prisoner does not wish to return to his or her former residence, information concerning the prisoner shall be forwarded to another probation supervision department considering, if possible, the the prisoner's wishes concerning his or her choice of residence.

(3) At the request of a probation officer appointed by the court, a prison is required to forward information and documents necessary to conduct probation supervision by the probation officer .

§ 62. Religious assistance in prison

A prison administration shall ensure that prisoners are provided with an opportunity to satisfy their religious needs.

Division 7

Disciplinary Sanctions Imposed on Prisoners

§ 63. Disciplinary punishments

(1) Disciplinary sanctions may be imposed on a prisoner for the violation of the requirements of this Act, internal rules of the prison or other legislation by the prisoner’s fault. The following disciplinary sanctions may be imposed:

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2) prohibition of one short or long-term visit;

3) removal from work for up to one month;

4) commission to a punishment cell for up to 45 twenty-four hour periods.

(2) A prisoner who is a minor may be committed to a punishment cell for up to 20 twenty-four hour periods.

(3) In the choice of a disciplinary sanction, the objective of the application of imprisonment shall be considered. Only one disciplinary sanction may be imposed for the commission of one and the same disciplinary offence. It is prohibited to impose collective disciplinary sanctions.

(4) In the case of a serious violation of discipline, the director of a prison or a higher prison officer present has the right to commit the disciplinary offender in a separate cell prior to the termination of disciplinary proceedings.

§ 64. Disciplinary proceedings

(1) Disciplinary proceedings shall be conducted and the facts of disciplinary sanctions shall be ascertained by the director of a prison or a prison officer duly authorised by the director.

(2) A prisoner shall be immediately informed of the disciplinary offence of which he or she is accused. The prisoner has the right to make statements.

(3) Minutes shall be taken of the process of disciplinary proceedings. The minutes shall be signed by the prison officer who conducted the disciplinary proceedings. The format of the minutes and information set out therein shall be provided for in the internal rules of the prison.

(4) A disciplinary sanction shall be imposed by the director of a prison on proposal of the prison officer who conducted the disciplinary proceeding. The imposition of a disciplinary sanction shall be effected in the form of a directive; the imposition of a disciplinary sanction shall be substantiated. A prisoner shall be allowed to examine, against signature, the directive by which a disciplinary sanction is imposed.

(5) Material concerning an imposed disciplinary sanction shall be annexed to the personal file of a prisoner.

§ 65. Enforcement of disciplinary sanction

(1) Disciplinary sanctions shall, as a rule, be enforced immediately.

(2) The director of a prison may suspend the enforcement of a disciplinary sanction or an aspect thereof on the condition that the prisoner does not commit another disciplinary offence during the probationary period. The duration of a probationary period shall be from one up to six months.

(3) If the prisoner commits a new disciplinary offence during the probationary period, sanctions imposed for both offences shall be enforced immediately.

(4) If the prisoner does not commit a new disciplinary offence during the probationary period, the disciplinary sanction shall not be enforced.

(5) A disciplinary sanction shall expire if the prisoner does not commit a new disciplinary offence within one year after the imposition of the sanction.

(6) A disciplinary sanction shall not be executed if the sanction is not enforced within eight months as of the imposition of the sanction.

Division 8

Ensuring Security in Prison

§ 66. Supervision of prisoners

(1) Supervision of prisoners shall be organised such as to ensure compliance with this Act and the internal rules of a prison and to safeguard general security in a prison.

(2) Directors of prisons are responsible for compliance with internal rules of the prisons and for security in the prisons.

§ 67. Duties of prisoners

In order to ensure security in prison, prisoners are required to:

1) observe the internal rules of the prison and follow lawful commands given by prison officers;

2) not to prevent prison officers from performing their duties and not to disturb other prisoners or other persons;

3) promptly inform the director of the prison of all circumstances which may endanger the security or violate internal rules of the prison or the life or health of other persons;

4) handle the things entrusted to the prisoner rationally and keep in order the dwelling and non-work rooms which the prisoner uses.

§ 68. Search

(1) In order to discover prohibited items or substances, prison officers have the right to search prisoners, their personal effects, dwellings, non-work rooms, other premises and the territory of the prison. A prisoner shall be searched by a prison officer of the same sex as the prisoner.

(2) Prohibited items and substances discovered by a prison officer in the process of a search are subject to confiscation and sale or destruction. Funds received from the sale of confiscated items or substances shall be transferred to the state budget. Confiscated documents shall be deposited with the prison administration and returned to the prisoner upon his or her release from the prison.

§ 69. Additional security measures

(1) Additional security measures shall be imposed with regard to a prisoner who regularly violates this Act or the internal rules of the prison, wilfully damages his or her health or is likely to attempt suicide or escape, and to a prisoner who act in a violent manner towards other persons.

(2) It is permitted to apply the following as additional security measures:

1) restriction of a prisoner's freedom of movement and communication inside the prison;

2) prohibition for a prisoner to wear personal clothing or use personal effects;

3) prohibition for a prisoner to engage in sports;

4) commission of a prisoner in an isolated locked cell;

5) use of means of restraint.

(3) The application of additional security measures shall be terminated if the circumstances specified in subsection (1) of this section cease to exist.

(4) Additional security measures shall be imposed by the director of a prison. In case of urgency, additional security measures shall be imposed by a higher prison officer currently present.

§ 70. Use of means of restraint

(1) It is permitted to tie up or handcuff a prisoner or use a restraint-jacket as the means of restraint provided for in clause 69 (2) 5) of this Act. Means of restraint may also be used upon escorting of a prisoner if there is actual danger of the prisoner's escape exists.

(2) Means of restraint shall not be applied for longer than twelve hours.

§ 71. Use of firearms and special equipment

(1) Prison officers are permitted to use firearms or special equipment only as a measure of last resort if all the remaining measures are exhausted to prevent a prisoner's escape, to apprehend an escaped prisoner, to neutralise an armed or otherwise dangerous prisoner or to prevent attack or the intrusion of other people in the prison.

(2) It is prohibited to use firearms against women and minors, except in the case where a woman or minor escapes, uses firearms to initiate resistance against a prison officer or attacks a prison officer or other people.

(3) The use of firearms shall be preceded by a warning to use a firearm or by a warning shot. The use of firearms without a prior warning or warning shot is permitted in the case of urgency to prevent imminent and direct danger to life or health.

(4) In the case of mass disorders, permission to use firearms or special equipment shall be granted by the Minister of Justice or, in the case of urgency, by a higher prison officer currently present.

(5) The internal rules of a prison shall provide for a specific procedure for the use of firearms and special equipment and the list of prison officers who have the right to carry firearms.

§ 72. Defence plan of prison

(1) A defence plan shall be prepared in a prison for the prevention of emergencies, mass disorders and external attacks and for the apprehension of escaped prisoners; the defence plan shall be approved by the director of the prison.

(2) The defence plan shall be co-ordinated with the Ministry of Justice and the Ministry of Internal Affairs.

Division 9

Release of Prisoner

§ 73. Grounds for release from prison

A prisoner shall be released from prison after serving the sentence and on other grounds prescribed by law.

§ 74. Pre-release preparation

Upon preparation of the release of a prisoner, the social welfare of the prisoner shall be organised, the prisoner shall be granted privileges or a prison leave or the prisoner shall be transferred to an open prison pursuant to §§ 20, 22, 32, 60 or 61 of this Act.

§ 75. Release from prison

(1) A prisoner shall be released on the last day of the sentence as early as possible, however, not later than at 12 a.m. If the date of the release of a prisoner falls on a public holiday or a day off, the prisoner shall be released on the last working day before the public holiday or day off.

(2) If several prisoners are to be released on one day, the prison administration shall ensure that the prisoners leave the prison separately.

(3) On release, the items, documents and personal clothing deposited in the prison shall be returned to the prisoner. If the prisoner has no personal clothing or if the prisoner's personal clothing is not suitable for the season, the prison shall provide the prisoner to be released with clothing without charge.

(4) On release, the deposited savings fund accrued from the wages of the prisoner shall be handed over to the prisoner. If the amount deposited as a savings fund to be handed over to a prisoner on release is less than the amount of unemployment benefit paid for one month, the prisoner shall be paid a lump-sum benefit to the extent of the difference between the amount deposited as the savings fund to be handed over to a prisoner on release and the amount of unemployment benefit paid for one month.

§ 76. Release on parole before prescribed time

(1) Directors of prisons may submit proposals for the release of prisoners on parole before the prescribed time pursuant to the provisions of the Criminal Code. The proposals shall be submitted to courts together with personal files of the prisoners.

(2) Fulfilment of the individual treatment programme of a prisoner and material characterising the prisoner which is documented in the personal file of the prisoner shall be considered in submission of a proposal for the release of the prisoner on parole before the prescribed time.

(3) If a court refuses to satisfy a proposal concerning the release of a prisoner before the prescribed time, the proposal shall not be repeated earlier than after six months.

(4) On the release of a prisoner before the prescribed time, the prison administration may transfer a part of the savings fund to be handed over to the prisoner on release to a special account of the probation supervision department of the residence of the prisoner to be paid to the released prisoner in instalments.

Chapter 3

Imposition of Imprisonment to Young Prisoners

§ 77. Young prisoners

For the purposes of this Act, young prisoner means a person who at the time of enforcement of his or her punishment is younger than 21 years of age.

§ 78. Imprisonment of young prisoner

Young prisoners shall be imprisoned in maximum-security or open prisons prescribed exclusively for such purpose (juvenile prisons) or in separate wards of maximum-security prisons (juvenile wards).

§ 79. Reception of young prisoners into prison

Upon reception into prison, young prisoners shall not stay in the reception ward of a prison for more than two weeks.

§ 80. General conditions of imposition of imprisonment on young prisoners

The provisions of chapters 1, 2 and 6 of this Act with the differences provided for in this chapter shall be applied with regard to the application of imprisonment to young prisoners.

§ 81. Segregation of young prisoners

Young prisoners shall be segregated in juvenile prisons and juvenile wards as follows:

1) young prisoners less than 15 years of age;

2) 15 up to 16 years of age;

3) 16 up to 18 years of age;

4) 18 up to 21 years of age.

§ 82. Transfer into adults' prison or adults' ward

(1) A prisoner who attains 21 years of age in a juvenile prison or juvenile ward shall be transferred to an adults' maximum-security prison or adults' ward in a maximum-security prison pursuant to the treatment plan.

(2) As an exception, a prisoner of 18 up to 21 years of age may be transferred to an adults' maximum-security prison or adults' ward in a maximum-security prison if such transfer is necessary due to the prisoner's character or arising from his or her individual treatment programme.

§ 83. Differences concerning young prisoners' work

All differences concerning the working of minors arising from labour protection laws, including the provisions concerning working hours, shall be applied to the working of young prisoners less than 18 years of age.

§ 84. Differences concerning provision of education to young prisoners

(1) Young prisoners of up to 18 years of age are required to acquire basic education to the extent prescribed by law. Young prisoners shall be granted an opportunity to acquire secondary vocational education according to their wish and aptitude.

(2) The number or duration of visits provided for in §§ 24 and 25 of this Act and prison leaves provided for in § 32 of this Act may be increased with a view to achieve the objectives of imposition of imprisonment of a young prisoner.

Chapter 4

Imposition of Detention and Administrative Detention

§ 85. Serving detention and administrative detention

(1) Detention shall be served at a house of detention of the location of the court who adjudicated on a matter or of the residence of a detained person.

(2) Detention imposed on conscripts shall be served at houses of detention at garrisons.

(3) Administrative detention shall be served at a house of detention of the location of the court who adjudicated on a matter or of the residence of a detained person.

§ 86. General conditions of application of detention and administrative detention

(1) The provisions of chapters 1, 2, 6 and 7 of this Act and with the specifications provided for in this chapter apply to the application of detention and administrative detention.

(2) Detained persons shall be lodged in locked cells on a twenty-four hour basis.

(3) Detained persons shall not be transferred to open prisons.

(4) Detained persons are not required to work.

§ 87. Visits received by detained persons

(1) A detained person shall be allowed one weekly short-term visit under supervision with his or her family members, a minister of religion or other persons.

(2) The duration of a visit shall be up to two hours. The procedure for visits shall be provided for in the internal rules of the detention house.

§ 88. Short-term release of detained person

(1) The director of a detention house may release a detained person for up to three days on the grounds provided for in subsection 32 (2) of this Act.

(2) The serving of detention shall be suspended for the time during which the detained person is released.

(3) Prison leave under supervision specified in § 33 of this Act shall not apply to detained persons.

Chapter 5

Imposition of Custody Pending Trial

§ 89. Basis for reception into custody pending trial

A person shall be received into a detention house on the basis of a copy of a corresponding court judgment or ruling and his or her identity document, or if the person has no identity document, on the basis of identification documents prepared by the police.

§ 90. General conditions of custody pending trial

(1) Custody pending trial shall be served in wards prescribed for custody pending trial in maximum-security prisons or in houses of detention.

(2) Persons in custody shall be lodged in locked cells on a twenty-four-hour basis. Persons in custody who are accused in the same criminal matter and other persons in custody on the order of a preliminary investigator, prosecutor or court, shall be segregated.

(3) Cells where persons in custody are lodged shall be in compliance with the conditions provided for in subsection 45 (1) of this Act and ensure constant visual and electronic surveillance of the persons in custody.

(4) The prison administration is required to take all measures to prevent any communication between persons in custody who are lodged in different cells.

§ 91. Reception into custody pending trial

(1) Upon arrival in a prison, a person in custody and his or her personal effects shall be subject to a thorough search. The search shall be performed by a prison officer of the same sex as the person in custody. The personal effects of persons in custody shall be deposited based on the provisions of § 15 of this Act.

(2) Upon reception into custody pending trial, a person in custody is required to undergo medical examination performed by the medical officer of the prison. A person in custody shall be photographed and fingerprinted pursuant to the procedure provided for in § 15 of this Act.

(3) The director of a prison or a prison officer appointed by the director shall immediately inform a person in custody of his or her rights and obligations.

(4) Upon reception into prison of a person in custody, the person in custody shall be counselled with regard to the ensuring of social security to persons closest to him or her and the retention of his or her property and legal assistance shall be provided to the person in custody.

(5) The director of a prison shall promptly inform the preliminary investigator or court of the reception into prison of a person in custody if the court is conducting proceedings in the criminal matter.

§ 92. Informing of transfer of persons in custody

The authority who receives a person in custody is required to inform the preliminary investigator or court of the transfer of a person in custody if the court is conducting proceedings in the criminal matter.

§ 93. Serving of custody pending trial

(1) Persons in custody shall wear personal clothing. If a person in custody lacks suitable personal clothing or if he or she is unwilling to wear personal clothing, the prison shall provide the person in custody with clothing without charge.

(2) The provision of food for persons in custody shall be based on § 47 of this Act. Persons in custody may, by the mediation of the prison, buy foodstuffs, toiletries and other items the holding of which is permitted in prison, pursuant to the procedure provided for in the internal rules of the prison.

(3) Persons in custody shall have access to national daily newspapers and books and periodicals stored at the library. A person in custody may possess a personal radio or television set in the cell if the director of the prison grants permission. The director of a prison may permit the cell of a person in custody to be illuminated outside the prescribed time.

(4) A person in custody who is a minor who has been in custody for at least one month shall be allowed to continue to acquire basic education or general secondary education on the basis of a corresponding national curriculum

(5) A person in custody shall be allowed, at his or her request, to be in the open air for at least one hour daily.

(6) If, in the case of illness of a person in custody, required treatment cannot be provided in prison, the medical officer of the prison shall place the person in an appropriate medical institution. The director of a prison shall promptly inform the preliminary investigator or court of the placement in a medical institution of a person in custody if the court is conducting proceedings in the criminal matter.

(7) Persons in custody are not required to work.

§ 94. Visits received by persons in custody

(1) A person in custody shall be permitted to receive short-term visits of personal, legal or commercial interest in matters which the person in custody cannot conduct through third persons. The director of a prison may restrict the right of a person in custody to receive short-term visits with the permission of a preliminary investigator, prosecutor or court if this is necessary to ensure the conduct of criminal proceedings.

(2) Persons in custody who are citizens of foreign states have the unrestricted right to receive visits from consular officers of their countries of nationality.

(3) A person in custody shall receive visits in the presence of a prison officer who has the right to interrupt or immediately terminate the visit if the visit may damage the conduct of criminal proceedings.

(4) The duration and specific procedure for short-term visits received by persons in custody shall be provided for in the internal rules of the prison.

§ 95. Visits from criminal defence counsel

(1) A person in custody has the unrestricted right to receive visits from his or her criminal defence counsel. Visits from criminal defence counsel shall be uninterrupted, within sight but not within hearing distance from prison officers.

(2) A legal defence counsel has the right to hand over material necessary for the preparation of defence to a person in custody. Prison officers shall not review the content of such material.

§ 96. Right of correspondence and telephone calls of persons in custody

(1) Persons in custody have the right of correspondence and the use of telephone and other public communication channels if relevant technical conditions exist. Correspondence and the use of telephone and other public communication channels shall be effected pursuant to the procedure provided for in the internal rules of the prison.

(2) The director of a prison may restrict the right provided for in subsection (1) of this section only on the application of a preliminary investigator, prosecutor or court if this is necessary to ensure the conduct of criminal proceedings. It is prohibited to restrict the right of a person in custody to correspondence, use of telephone or other public communication channels for communication with state agencies, local governments and their officials and legal defence counsel.

(3) Correspondence and the use of telephone and other public communication channels shall be effected at the expense of a person in custody.

§ 97. Surveillance of correspondence and telephone calls of persons in custody

(1) A prison officer shall open letters sent by or to a person in custody in the presence of the person in custody, except letters addressed to the persons and agencies provided for in subsection (3) of this section, and confiscate any items the holding of which in a prison is prohibited by the internal rules of the prison.

(2) The content of the correspondence of a person in custody and of messages forwarded by telephone or other public communication channels by or to a person in custody may be examined only with the permission of a court and on the bases and pursuant to the procedure provided for in the Surveillance Act.

(3) It is prohibited to review the content of letters sent and telephone messages forwarded by a person in custody to his or her legal defence counsel, the Legal Chancellor, a prosecutor, a court and the Ministry of Justice.

§ 98. Packages

(1) Persons in custody are permitted to receive packages.

(2) A prison officer shall examine the content of a package before it is handed over to a person in custody, in the presence of the person. The director of a prison has the right to seize items contained in a package the holding of which is prohibited in the prison by the internal rules of the prison or which may endanger the conduct of the criminal proceedings, and not hand over such items to the person in custody.

(3) Seized items, which may be held only with special permission and such permission does not exist, shall be confiscated and destroyed. The remaining seized items shall be returned to the sender of the package.

(4) The Minister of Justice shall approve the procedure for the return, confiscation and destruction of seized items.

§ 99. Prison leave under supervision of persons in custody

(1) A preliminary investigator or court, if the court is conducting proceedings in the criminal matter, may grant a person in custody permission to take a prison leave under supervision for up to one day under essential and urgent personal, legal or commercial circumstances which require the personal attendance of the person in custody. A person in custody shall bear the costs of his or her prison leave under supervision.

(2) Permission for prison leave under supervision shall be granted on request of the person in custody.

§ 100. Disciplinary sanctions imposed on persons in custody

(1) Disciplinary sanctions may be imposed on persons in custody for the wrongful violation of the requirements of this Act, internal rules of the prison or other legislation: The following disciplinary sanctions may be imposed:

1) reprimand;

2) deprivation for up to two months of the right of supplementary alimentation purchased out of the personal funds of the person in custody;

3) commission to a punishment cell for up to thirty days.

(2) A person in custody who is younger than 18 years of age may be committed to a punishment cell for up to 15 twenty-four hour periods.

(3) The reason and objective of the imposition of custody pending trial shall be considered upon the choice of a disciplinary sanction. Only one disciplinary sanction may be imposed for the commission of one and the same disciplinary offence. It is prohibited to impose collective disciplinary sanctions.

§ 101. Disciplinary proceedings

(1) The provisions of § 64 of this Act apply with regard to the conduct of disciplinary proceedings and imposition of disciplinary sanctions.

(2) Disciplinary sanctions shall be enforced immediately.

(3) A disciplinary sanction imposed on a person in custody shall not be executed if the punishment is not enforced within one month as of the imposition of the sanction.

§ 102. Ensuring of conduct of criminal proceedings

(1) If there is sufficient reason to believe that a person in custody may essentially and adversely affect the conduct of criminal proceedings by his or her behaviour, the director of a prison may apply the following additional measures with regard to the person in custody on application of the preliminary investigator or court. The following disciplinary sanctions may be imposed:

1) complete isolation from other prisoners;

2) prohibition to wear personal clothing or use personal effects.

(2) The duration of imposition of the measures provided for in subsection (1) of this section shall be decided by the preliminary investigator or prosecutor or the court if the court is conducting proceedings in the criminal matter.

(3) It is prohibited to restrict the right of persons in custody to receive visits from their legal defence counsel; it is also prohibited to restrict the right of persons in custody who are citizens of foreign states to receive visits from the consular officers of their countries of nationality.

§ 103. Additional security measures applied with regard to persons in custody

The director of a prison may apply the additional security measures provided for in §§ 69 and 70 of this Act with regard to persons in custody on the bases provided for in subsection 69 (1) of this Act.

§ 104. Release from custody pending trial

(1) A person in custody shall be released upon the expiry of the term of custody, and on other bases provided by law.

(2) The director of a prison shall notify the preliminary investigator or the prosecutor who is conducting proceedings in the criminal matter of the pending release of a person in custody three days before the expiry of the term of custody.

(3) A person in custody shall be released not later than at 12 a.m. on the last day of the term of custody unless the term of custody is extended.

Chapter 6

Organising Enforcement

Division 2

Prison

§ 105. Prison

(1) A prison is a government agency in the area of government of the Ministry of Justice whose function is the execution of imprisonment, detention and custody pending trial pursuant to the procedure provided for in this Act.

(2) The Minister of Justice shall establish the statutes, composition of staff and internal rules of prisons.

(3) Directors of prisons shall approve the internal rules of prisons with the approval of the Minister of Justice.

§ 106. Directors of prisons

A director of a prison shall direct the work of the prison and perform other duties assigned to him or her.

§ 107. Professional supervision

The Minister of Education and the Minister of Social Affairs shall exercise supervision over the performance of duties in the areas of education, social welfare and health care in prisons.

§ 108. Prison committee

(1) The public exercises supervision over prisons through prison committees operating at the given prisons. Prison officers shall not be included in the membership of prison committees.

(2) The function of a prison committee is to assist the prison administration in the organisation of prison work, including assistance in resolving issues related to the lodging, study, work and alimentation of prisoners, provision of medical services to prisoners, supervision of prisoners and other issues related to the enforcement of punishment.

(3) The specific duties, membership and rules of procedure of prison committees, and the procedure for the remuneration of the members of prison committees shall be provided by the statutes of prison committees which shall be approved by the Minister of Justice.

(4) A prison committee has the right to pass resolutions, receive proposals and protests for the performance of the duties provided for in subsections (1) and (2) of this section.

(5) A prison committee shall submit a report concerning its work during the preceding year to the Ministry of Justice by 1 February each year. The report shall be submitted through the chairman of a prison committee.

(6) The members of prison committees shall not disclose any sensitive personal data concerning prisoners which become known to them in the performance of their duties.

(7) The members of prison committees shall be appointed by the Minister of Justice.

§ 109. Prison security and escort guards

(1) Prisons shall have armed security and escort guards who shall be provided with special training for the organisation of security in a prison and to escort prisoners.

(2) The duties and operating procedure of prison security and escort guards shall be provided for pursuant to the procedure established by the Minister of Justice.

(3) If necessary, the Minister of Justice shall form an armed unit for the performance of special duties at a prison, and determine the procedure for its operation.

(4) Police officers shall be involved in the escort of prisoners, if necessary.

Division 2

Prison Service

Subdivision 1

Prison officer

§ 110. Definition of prison service

(1) Prison service means service in staff positions of prisons with the function to imprison and supervise prisoners, detained persons and persons in custody, to ensure security in prisons and to conduct preliminary investigation of criminal offences committed in prisons, and to direct the activities in the specified areas.

(2) Service in the office of an executive officer of a sub-unit of the Estonian Public Service Academy which provides education in the area of correction or other agencies carrying out preparatory service for prison officers and also in the office a teacher of correctional training programmes is also deemed to be prison service.

§ 111. Prison officer

Prison officers are officials in prison service.

§ 112. Official ranks of prison officers

(1) Prison officers are divided according to the complexity of the duties, the directing function and scope thereof related to positions which correspond to the given official ranks into the following official ranks specified in the following descending order:

1) chief inspector of prison;

2) class 1 prison inspector;

3) class 2 prison inspector;

4) class 1 guard;

5) class 2 guard.

(2) The Minister of Justice shall establish the positions corresponding to each official rank of prison officers.

Subdivision 2

Admittance to Prison Service

§ 113. Appointment to office of prison officers

(1) Persons who comply with the requirements provided for in § 14 of the Public Service Act (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167) and who have undergone preparatory service for prison officers and complied with the obligation of military service may be appointed to office as prison officers.

(2) A prison officer who has undergone preparatory service shall be appointed to a position in the lowest official rank which corresponds to his or her preparatory service.

(3) A person who has a research degree or professional degree or who has worked as a judge, prosecutor, senior or higher police officer, border guard official or official of the rescue service, or been employed in a position which belongs to the basic category of higher officials in the staff of the Ministry of Justice for at least two years may be appointed to office as a prison officer even if the person has not undergone preparatory service for prison officers.

(4) A person who has worked as a junior police officer, junior border guard official or junior official of the rescue service for at least two years may be appointed to a position which corresponds to the official ranks provided for in clauses 112 (1) 4)-5) of this Act even if the person has not undergone preparatory service for prison officers.

(5) Prison officers shall be appointed to office for an unspecified term.

(6) The provisions concerning the minimum age provided for in § 14 of the Public Service Act shall not apply with regard to persons who undergo practical training in the course of their preparatory service in prisons or to persons who are appointed to office as prison officers after completion of preparatory service.

§ 114. Persons who shall not be admitted to prison service

Persons who fall within any of the following categories shall not be admitted to preparatory service for prison officers or appointed to positions as prison officers:

1) persons without active legal capacity or with restricted active legal capacity;

2) persons convicted of intentionally committed criminal offences;

3) persons who have served imprisonment sentences;

4) persons who are suspects, accused or accused at trial in criminal matters or

5) persons who are divested of the right to work as prison officers by court judgments entered into force.

§ 115. Preparatory service for prison officers

(1) Preparatory service for prison officers consists of practical and theoretical professional training.

(2) The prison officer candidates shall undergo preparatory service in the Estonian Public Service Academy and in prisons where the candidates participate in practical training. In the case of the preparatory service specified in subsection 119 (1) of this Act, candidates may undergo preparatory service in other educational institutions pursuant to the procedure specified in subsection 116 (7) of this Act.

(3) The official title of a person undergoing preparatory service for prison officers shall be prison officer candidate.

§ 116. Legal regulation of preparatory service

(1) The Public Service Act does not apply to the theoretical part of the preparatory service for prison officers and participation therein is not deemed to be public service, except the following:

1) the time of participation in preparatory service shall be included in the length of service and

2) persons who enter preparatory service have the right to be forgiven the state educational loan pursuant to subsection 53 (1) of the Public Service Act.

(2) Sections 134 and 147 of this Act extend to the theoretical part of the preparatory service for prison officers.

(3) Prison officer candidates undergoing practical training in prisons shall be appointed to office as non-staff public servants.

(4) The fact that a person has not complied with the obligations of military service shall not impede his or her appointment to office pursuant to subsection (3) of this section.

(5) The Public Service Act, except §§ 37, 40, 43, 53, 55, 59-65, 67, 68 and 73 thereof, do not apply to the service specified in subsection (3) of this section. The duties of employment prescribed in subdivision 4 and the social guarantees prescribed in subdivision 5 of this Act, except § 136 of this Act, apply to the service specified in subsection (3) of this section.

(6) Preparatory service for prison officers shall be concluded by passing the examination of prison officer.

(7) The Government of the Republic or a minister authorised thereby shall establish the procedure for admittance to preparatory service and the procedure for preparatory service.

§ 117. Social guarantees provided for prison officer candidates participating in theoretical training of preparatory service for prison officers

(1) The state shall cover, in part or in full, the accommodation and alimentation expenses incurred by prison officer candidates; the candidates shall also be paid education allowance.

(2) The amount of education allowance paid to prison officer candidates may be made contingent upon their academic achievements.

(3) The Government of the Republic shall determine the extent and conditions of and procedure for the covering of expenses and payment of education allowance specified in subsection (1) of this section.

(4) Section 147 of this Act applies to prison officer candidates.

(5) In addition to days off, prison officer candidates shall be allowed during the theoretical training at least 35 calendar days free from study annually to the extent and at the time determined by the study timetable.

§ 118. Compensation for costs of preparatory service

(1) A person is required to compensate for the expenses incurred by the state on preparatory service if he or she:

1) discontinues preparatory service without good reason;

2) was released from prison service without good reason on his or her initiative;

3) was released form prison service on due to the entry into force of a judgment of conviction;

4) was released from prison service due to the commission of a disciplinary offence.

(2) The expenses of preparatory service shall not be compensated by prison officers who:

1) have been employed in prison service for at least three years after preparatory service or

2) are released from prison service on their own initiative in connection with disability or the need to care for disabled family members.

(3) The procedure for the calculation of the expenses of preparatory service shall be established by the Minister of Justice with the approval of the Minister of Internal Affairs.

§ 119. Preparatory service for different official ranks

(1) A person who has undergone preparatory service at least one half of which is spent in practical training may be appointed to a position which corresponds to an official rank specified in clauses 112 (1) 4) or 5) of this Act.

(2) A person who has undergone preparatory service in the course of which the person acquires applied higher education may be appointed to a position which corresponds to an official rank specified in clauses 112 (1) 1)-3) of this Act.

§ 120. Authority to admit prison officers to preparatory service and appoint prison officers to office

(1) A prison officer candidate shall be admitted to preparatory service by the executive officer of the educational institution carrying out preparatory service.

(2) A prison officer shall be appointed to office by the director of a prison or an official authorised by the director.

(3) A director of a prison shall be appointed to office by the Minister of Justice.

(4) A prison officer shall be appointed to the positions specified in subsection 110 (2) of this Act by an executive officer of the corresponding educational institution or an official appointed by the executive officer.

§ 121. Probationary period

A probationary period with the duration of up to one year shall be applied with regard to prison officers who are appointed to office for the first time.

Subdivision 3

Prison Officer Career

§ 122. Evaluation of prison officers

(1) The evaluation of prison officer means the assessment of his or her work results and suitability of the professional skills, abilities and personal characteristics for his or her official rank. The work results of a prison officer shall not be assessed upon the evaluation of a prison officer in the cases specified in clauses 91 (1) 4) and 5) of the Public Service Act.

(2) The requirement to conduct an annual interview provided for in subsection 99 (4) of the Public Service Act does not apply to the assessment of the suitability of a prison officer for the official rank and of his or her work results.

(3) The Minister of Justice shall establish the requirements concerning the evaluation of prison officers, the procedure for evaluation and the standard format of the evaluation record.

(4) Competition and Evaluation Committees of Prison Officers shall perform the evaluation of prison officers, and the Minister of Justice shall establish the statutes and procedure for the foundation of the committees.

(5) Prison officers who have attained the highest grade of their official rank shall be subject to regular evaluation.

§ 123. Evaluation period of prison officers and time of evaluation

(1) Prison officers shall be evaluated once every three years.

(2) Evaluation period shall be extended in the following cases:

1) in the case prescribed by clause 124 (1) 3) of this Act;

2) upon the transfer or promotion of a prison officer to a position in the same official rank: until at least six months have passed from the date on which the prison officer assumed such position;

3) in the case prescribed in clause 92 (3) 2) of the Public Service Act.

(3) The Minister of Justice shall determine the time of evaluation of prison officers.

§ 124. Competence of Competition and Evaluation Committee of Prison Officers

(1) Upon regular evaluation of prison officers, the committee:

1) declares a prison officer suitable for his or her official rank and makes a proposal to the person with appointment authority to advance the prison officer;

2) declares a prison officer unsuitable for his or her official rank and makes a proposal to the person with appointment authority to release the prison officer from the service or to appoint the prison officer to a position in to a lower official rank;

3) makes a proposal to send the prison officer for further training and postpone the evaluation for one year.

(2) Upon the making of the decision specified in clause (1) 1) of this section, the committee may make a proposal to apply an incentive in respect of a prison officer.

(3) If a competition is organised to fill a vacant position in prison service or if a vacant position is to be filled by way of promotion, the committee shall select one or several candidates from among the persons applying for the position who shall be submitted for appointment to the position. If several candidates are submitted, appointment shall be decided by the person with authority to appoint a prison officer to the position.

(4) The decisions set out in clauses (1) 2) and 3) of this section shall be reasoned, and the decision set out in clause (1) 3) of this section may be applied only once with regard to one and the same officer.

(5) The decisions of the committee shall be obligatory to the person with appointment authority, except in the case of advancement or the application of incentives.

§ 125. Consequences of declaring prison officer unsuitable

A prison officer concerning whom a competition and evaluation committee has made the decision specified in clause 124 (1) 2) of this Act shall be released from office pursuant to subsection 154 (2) of this Act or appointed to a position in a lower official rank within two months after the date competition and evaluation committee made the decision.

§ 126. Advancement of prison officer

(1) Advancement of a prison officer means appointment of a prison officer to a higher grade beginning from the first grade.

(2) The career of a prison officer includes ten grades.

(3) The person with appointment authority shall make a decision concerning the advancement of a prison officer on proposal of a competition and evaluation committee once every three years.

(4) If a prison officer is not advanced after the second consecutive evaluation period and a competition and evaluation committee has made the proposal specified in clause 124 (1) 1) of this Act for both evaluation periods with regard to the prison officer, the person with advancement authority shall release the prison officer upon failure to advance the prison officer for the second consecutive time pursuant to subsection 154 (2) of this Act.

(5) A prison officer shall not be advanced during the time when a disciplinary punishment is in force with regard to him or her. In such case, advancement may be decided upon after the disciplinary punishment expires.

(6) If a prison officer is not evaluated due to the reason specified in clause 91 (2) 3) of the Public Service Act, the prison officer may be advanced if at least three years have passed form his or her previous evaluation.

(7) A prison officer may also be advanced without the proposal of a competition and evaluation committee if an incentive is applied with regard of the prison officer pursuant to clause 151 (2) 5) of this Act.

§ 127. Promotion of prison officer

(1) Promotion of a prison officer means appointment of the prison officer to a position in a higher official rank.

(2) The person with appointment authority shall make a decision concerning the promotion of a prison officer on proposal of a competition and evaluation committee. A competition and evaluation committee may submit several persons for promotion to the person with appointment authority.

(3) A prison officer may be promoted only upon the organisation of a competition to fill a vacant position.

§ 128. Transfer of prison officers

(1) A prison officer may be transferred to another position in the following cases:

1) on proposal of the prison officer or

2) on initiative of the person who has the authority to transfer prison officers to other positions.

(2) In the case referred to in clause (1) 2) of this section, a prison officer may be transferred to another position in the same official rank due to work-related need without the prison officer's consent.

(3) A prison officer shall not be transferred to another position for more than once during one evaluation period.

(4) A prison officer shall not be transferred to another position without his or her consent pursuant to subsection (2) of this section if:

1) the evaluation period is extended due to the transfer of the prison officer pursuant to clause 123 (2) 2) of this Act;

2) the position to which the prison officer is to be transferred is a staff position in a prison located within the territory of another local government or

3) the prison officer serves as the director of a prison.

(5) The transfer of a prison officer shall be decided by the person who has the authority to appoint the prison officer to office. If the person who has the authority to appoint a prison officer to a new position and the person who had the authority to appoint a prison officer to his or her former position are two different persons, the prison officer shall be appointed with the written consent of the person who had the authority to appoint the prison officer to his or her former position.

§ 129. Transfer of prison officer to other positions in state agencies

(1) A prison officer may be transferred with his or her consent to other positions of state service which do not belong to prison service.

(2) A prison officer may be transferred to the positions specified in subsection (1) of this section for up to five consecutive years. With the consent of the prison officer, the term may be extended upon its expiry by up to five years.

(3) Upon the expiry of the term provided for in subsection (2) of this section, a prison officer shall be transferred to his or her previous position or another position in the same official rank. A prison officer may be appointed to a position in a lower official rank or assigned to the reserve with his or her consent if there is no vacant position in the official rank of the prison officer.

§ 130. Retention of official rank and grade of prison officer upon transfer to position in lower official rank

(1) Upon appointment of a prison officer to a position in a lower official rank, the prison officer has the right to retain the official rank which corresponds to his or her previous position. Retention of official rank means the right to use the official title which corresponds to the retained official rank and to retain the rights prescribed in subsections (2)-(4) of this section. In the new official rank, the prison officer shall be appointed to a grade of the same ranking which he or she had when serving in a higher position upon transfer.

(2) If a position corresponding to a prison officer's retained official rank becomes vacant, the prison officer shall be transferred to the position. In such case no competition shall be organised to fill the vacant position by way of promotion.

(3) A prison officer who is transferred to a position in a lower official rank shall receive remuneration which corresponds to his or her retained official rank during three months. After the expiry of such term, the prison officer shall receive remuneration which corresponds to the official rank corresponding to his or her position.

(4) The rights specified in subsections (1)-(4) of this section, except the right to be appointed to a grade with the same ranking specified in subsection (1), do not extend to a prison officer who is appointed to an official rank which corresponds to a lower position after he or she is declared unsuitable to meet the requirements set for his or her official rank

§ 131. Regulation concerning career of prison officers

The Government of the Republic shall, by a regulation concerning the career of prison officers, establish the specific conditions and procedure for the appointment to office, promotion and advancement of prison officers.

Subdivision 4

Duties in Prison Service

§ 132. Duty to maintain professional secrecy

A prison officer shall not disclose any facts which become known to him or her in connection with the performance of his or her duties, including facts pertaining to the personal relationships of prisoners. The duty to maintain professional secrecy has unspecified term.

§ 133. Duty to inform

A prison officer is required to immediately inform the director of the prison or a higher prison officer present of any important matters which arise in execution of punishment and which concern compliance with the internal rules of the prison or security in the prison, and also of his or her observations concerning prisoners which may help to achieve the objectives of the imposition of imprisonment. A prison officer is required to immediately inform the medical officer of the prison if a prisoner falls ill.

§ 134. Obligation to wear uniform

A prison officer shall wear a uniform while performing his or her duties.

§ 135. Service-related restrictions

In addition to the service-related restrictions provided for in the Public Service Act, a prison officer is prohibited to:

1) participate in strikes, pickets and other service-related pressure activities or

2) work for another employer, except in pedagogical, research or artistic work.

Subdivision 5

Social Guarantees in Prison Service

§ 136. Remuneration of work of prison officers

(1) The remuneration of the work of prison officers shall be based on the official rank and grade of the prison officers.

(2) The Government of the Republic shall establish the salary rates of prison officers which correspond to different grades.

(3) The Government of the Republic may differentiate the remuneration paid for the work of prison officers, making it contingent upon the region or agency, to an extent of not more than 10 per cent of the salary rate corresponding to the lowest grade in an official rank.

§ 137. Working and rest time of prison officers

(1) The working and rest time of prison officers shall be determined based on the Working and Rest Time Act and the Public Service Act, considering the differences provided for in this Act.

(2) If circumstances related to service do not allow adherence to the general standard for the working time of prison officers provided for in subsection (1) of this section, recording of total working time may be established by the internal rules of the prison. In such case, the duration of working time during a quarter shall not exceed the number of working hours prescribed for the same period by the general standard.

(3) Upon the recording of total working time, the number of working hours per day or shift different from the duration prescribed by the general standard for working time may be applied; however, the duration of a working day or shift shall not exceed twelve hours.

(4) The Minister of Justice may establish a shift of up to twenty-four hours for prison officers who work in prisons on a twenty-four hour basis. In the case of a twenty-four hour shift, a prison officer shall be allowed a total of six hours for meals and rest time. The duration of rest time between shifts shall not be less than twelve hours.

(5) The duration of a night shift and a day shift shall be equal.

§ 138. Requiring prison officers to work on days off

(1) A prison officer may be granted days off on other days than official days off by a shift schedule approved by the director of the prison.

(2) A prison officer who is required to work on a day off outside a shift shall be compensated for on the choice of the prison officer by giving him or her a day off during the next two weeks or by paying a double salary for the time during which he or she worked during the day off. A double salary shall be paid for work during a public holiday regardless of whether the work was done according to a shift schedule or not.

(3) A prison officer may be required to work outside of a shift schedule on a day off or a public holiday only with his or her consent, except in the case prescribed in subsection 139 (1) of this Act.

§ 139. Working overtime

(1) A prison officer is required to comply with the orders of the executive officers of the prison to work overtime in the following cases:

1) to prevent mass disorders, natural disaster, fire, epidemic, accident or catastrophe or other emergency in a prison or to eliminate the consequences of such events;

2) to perform duties which cannot be completed within the established standard working time or to perform urgent or unforeseeable duties if the termination or suspension of work is contrary to the duties of prison service;

3) if a shift prison officer fails to come to work and the work cannot be discontinued; in such cases the director of the prison is required to immediately take all measures to ensure replacement for the prison officer who is working the shift.

(2) A prison officer is required to perform tasks which do not fall within his or her duties and which the director of a prison assigns to him or her in the case provided for in clause (1) 1) of this section.

(3) Additional remuneration equal to one and a half times the hourly salary rate of a prison officer shall be paid for overtime work. It is prohibited to compensate for overtime work by granting time off.

§ 140. Holidays of prison officers

(1) A holiday of a prison officer may be interrupted and the prison officer may be asked to return to the service with his or her consent but not more than twice during one holiday. No consent is required for the interruption of holiday if a prison officer’s holiday is interrupted by the director of a prison in the case specified in clause 139 (1) 1) of this Act.

(2) A prison officer may be granted an additional paid holiday of up to ten calendar days annually for outstanding performance of duties.

§ 141. On call time

During on call time, prison officers shall be at the disposal of the prison administration in agreed locations for the performance of unforeseeable or urgent duties. The duration of on call time shall not exceed twenty-four hours per month. Additional remuneration equal to ten per cent of the hourly salary rate of a prison officer shall be paid for on call time.

§ 142. Allowances upon death, disability, illness of or causing of bodily injuries to prison officers

(1) If a prison officer dies for reasons related to service in prison, the state shall pay the family members and persons who were maintained by the deceased prison officer a single allowance in an amount equal to ten years’ salary of the deceased.

(2) The cost of the funeral of a prison officer who dies for reasons related to service in prison shall be borne by the state.

(3) If a prison officer becomes disabled for reasons related to service in prison, the state shall pay the prison officer a single allowance in the following cases:

1) partial loss of capacity for work which did not result in release from the prison service, to the extent of his or her one year’s salary;

2) partial loss of capacity for work which resulted in release from the prison service, to the extent of his or her two years’ salary;

3) total loss of capacity for work, to the extent of his or her seven years’ salary.

(4) A prison officer who, for reasons related to service in prison, suffers a bodily injury which damages health but does not result in his or her disability, shall be paid by the state a single allowance in an amount equal to his or her one month’s salary.

(5) Prison officers who suffer injuries or fall ill for reasons related to service in prison shall be compensated for medical expenses and the cost of medicinal products by the state.

(6) The procedure for calculation and payment of the allowances and costs provided for in this section shall be established by a regulation of the Government of the Republic.

§ 143. Compensation for proprietary damage

(1) The state shall compensate a prison officer or his or her family members for proprietary damage which the prison officer suffers in the performance of his or her duties. Damages shall be claimed from the person at fault by way of recourse.

(2) The conditions and procedure for compensation for proprietary damage shall be established by a regulation of the Government of the Republic.

§ 144. Guarantees upon transfer without consent

(1) A person who has the authority to transfer a prison officer to another position without the consent of the prison officer shall notify the prison officer of the transfer in writing at least two months in advance.

(2) A prison officer who is transferred shall continue to receive his or her former salary during three months after assumption of a new position if the salary at the new position is smaller than the former salary.

§ 145. Guarantees upon transfer to position specified in subsection 129 (1) of this Act

The time during which a prison officer works in the position specified in subsection 129 (1) of this Act shall be equivalent to time of service in a position in the prison officer’s official rank in a prison. Upon the return of a prison officer to service in prison, he or she shall be appointed to the grade which he or she would have been granted by way of advancement upon regular evaluation if he or she would have served in a position in prison service.

§ 146. Medical examinations of prison officers

The state shall provide prison officers with free medical examinations. The conditions, frequency of and procedure for performance of medical examinations shall be established by a regulation of the Government of the Republic.

§ 147. Prison officer uniform

Prison officers shall be provided with uniforms free of charge; the description of and procedure for the wearing of uniforms and the description of distinguishing marks and procedure for wearing thereof shall be established by a regulation of the Government of the Republic.

Subdivision 6

Discipline in Prison Service

§ 148. Disciplinary authority

A person authorised to appoint a prison officer to office has the authority to impose a disciplinary punishment on the prison officer. The Minister of Justice has the authority to impose a disciplinary punishment on any prison officer.

§ 149. Disciplinary proceedings

(1) Disciplinary proceedings shall be conducted to ascertain whether a disciplinary offence was committed and to determine the circumstances related to it. The official who has the right to impose disciplinary punishments on a prison officer has the right to commence disciplinary proceedings against the prison officer.

(2) Disciplinary proceedings shall be commenced by a directive whereby the person to conduct the disciplinary proceedings and term for the disciplinary proceeding shall be determined. The prison officer against whom the disciplinary proceedings are commenced shall be promptly informed of the directive.

(3) The person who conducts the disciplinary proceeding may require explanations and gather evidence concerning the disciplinary offence. It is mandatory to request the explanation of a prison officer against whom disciplinary proceedings are commenced. A prison officer against whom disciplinary proceedings are commenced has the right to provide explanations.

(4) Upon the conclusion of disciplinary proceedings, the person who conducted the disciplinary proceeding shall prepare a summary of the disciplinary proceedings which, if the commission of the disciplinary offence was ascertained and the person who committed the disciplinary offence was determined, shall set out at least the following:

1) the given name, surname and position of the prison officer who committed the disciplinary offence;

2) the description and the time and place of the disciplinary offence;

3) evidence to prove the commission of the disciplinary offence;

4) reference to the Act providing for disciplinary liability and to the provision of the Act which the prison officer violated by his or her act.

(5) The summary of disciplinary proceedings shall be signed by the person who conducted the disciplinary proceedings, forwarded promptly to the person who initiated the disciplinary proceedings and communicated to the person against whom the disciplinary proceedings were conducted.

§ 150. Disciplinary punishments

Disciplinary punishments imposed on prison officers for the commission disciplinary offences are:

1) reprimand;

2) 2) reduction of salary by 10 to 50 per cent for up to three months or

3) 3) release from service pursuant to § 118 of the Public Service Act.

§ 151. Incentives

(1) An incentive may be awarded to a prison officer for outstanding performance of duties or civil duty. The person authorised to appoint a prison officer to office has the authority to award an incentive to the prison officer.

(2) The following incentives may be awarded to prison officers:

1) expression of thanks;

2) grant of additional paid holiday in the annual amount of up to ten calendar days;

3) grant of a monetary award;

4) a valuable gift;

5) advancement;

6) award of a prison officer's cross of merit.

(3) The Minister of Justice shall establish the description of a prison officer's cross of merit by a regulation.

Subdivision 7

Release from Prison Service and Reserve of Prison Officers

§ 152. Release from service due to age

(1) Prison officers who serve in the official rank specified in clause 112 (1) 1) of thisAct shall be released from prison service when they attain the general pensionable age. Prison officers who serve in the official ranks specified in clauses 112 (1) 2) and 3) of this Act shall be released from prison service when they attain 60 years of age. Prison officers specified in clauses 112 (1) 4) and 5) of this Act shall be released from prison service when they attain 58 years of age.

(2) A prison officer released from service due to age shall be released from prison service on the first working day of the month following the month when he or she attains the age due to which he or she is released.

(3) If a prison officer is suitable to continue to serve in prison due to his or her state of health and has granted his or her consent to continue service, the official authorised to appoint the given prison officer to office may extend the time of service of the prison officer until he or she attains the general pensionable age. In such case, the prison officer shall be released from prison service when he or she attains the general pensionable age.

§ 153. Release from service due to refusal to take oath of office

A prison officer who refuses to take the oath of office shall be released from service on the date of his or her refusal to take the oath.

§ 154. Release from service due to unsuitability for position or official rank

(1) A prison officer shall be released from service due to unsuitability for position on the conditions and pursuant to the procedure provided for in § 117 of the Public Service Act with the exceptions set out in subsection (2) of this section.

(2) A prison officer shall be released from service due to unsuitability for official rank on the basis of evaluation results pursuant to the procedure provided for in § 117 of the Public Service Act.

§ 155. Prison officers in reserve

(1) The Public Service Act determines the rights and obligations of prison officers assigned to the reserve with the exceptions prescribed by this Act.

(2) A prison officer assigned to the reserve shall be on the reserve list until removal from the reserve but for not longer than two consecutive years. The time which a prison officer is in the reserve may be extended on a monthly basis on request of the prison officer.

(3) In addition to the grounds provided for in § 149 of the Public Service Act, a prison officer assigned to the reserve may refuse appointment to office if the position offered does not correspond to his or her official rank.

(4) The refusal specified in subsection (3) of this section shall not constitute grounds for the removal of a prison officer from the reserve pursuant to clause 150 2) of the Public Service Act.

(5) In order to ensure the prison officers in the reserve with a possibility to return to service in prison, the person authorised to appoint prison officers to office shall notify the State Secretary upon the filling of vacant positions of at least every third vacant position in each official rank pursuant to the procedure provided for in § 147 of the Public Service Act.

(6) The provisions of subsection (5) of this section do not apply if a position is filled as provided for in subsection 110 (2).

Chapter 7

Detention in Houses of Detention

§ 156. Detention in houses of detention

(1) Detention houses are custodial institutions which are staff units of police prefectures, organising the imposition of custody pending trial, detention and administrative detention.

(2) In detention houses, persons in custody and detained persons are lodged in locked cells on a twenty-four-hour basis; the cells shall enable constant visual or electronic surveillance of the persons in custody and the detained persons.

(3) The provisions of this Act concerning the imposition of custody pending trial, detention and administrative detention shall apply to detention of persons in houses of detention.

(4) In the imposition of custody pending trial, detention and administrative detention, the executive officer of a house of detention, the police officer responsible for proper detention conditions and the staff of a house of detention have the corresponding rights and obligations of the director of a prison and prison officer provided for in chapters 1-5 of this Act.

(5) The Minister of Internal Affairs shall approve the internal rules for detention houses.

(6) The escort and supervision of persons in custody and detained persons in a house of detention shall be provided by the corresponding police prefecture.

Chapter 8

Amendments to Other Acts

§ 157. Amendments to Code of Enforcement Procedure

The Code of Enforcement Procedure (RT I 1993, 49, 693; 1997, 43/44, 723; 1998, 41/42, 625; 51, 756; 61, 981; 103, 1695; 1999, 18, 302; 27, 380; 95, 845; 2000, 28, 167, 35, 222) is amended as follows:

1) Sections 4 -8, 11, 12, 15, 17-19 and chapters 11, 14, 15, 17 and 18, divisions V and VI and §§ 182 -197 are repealed;

2) clause 1 (1) 2) is amended and worded as follows:

"2) court judgments and rulings in criminal matters concerning fines, the right to work in particular positions or operate in particular areas of activity, and divestment of the right to wear national honorary decorations; ";

3) clause 1 (1) 3) is amended by adding the words "except the execution of administrative detention; ";

4) clause 1 (1) 5) is amended by adding the words "except judgments and rulings in criminal matters concerning the execution of imprisonment; ";

5) chapter 2 is amended and worded as follows:

"§ 2. Organisation of enforcement

Enforcement departments of country and city courts shall organise the enforcement of the court judgments and rulings listed in § 1 of this Act and of other decisions prescribed by this Code. ";

6) in subsection 9 (1), the words "in clause 2 4)" are substituted by the words "in § 2";

7) the words "Prison officer and" are omitted from the heading of chapter 2;

8) the words "Prison officer and" are omitted from the heading of § 10;

9) subsections 10 (1), (2) and (5) are repealed;

10) in subsection 10 (4), the words "to prison officers and" and in subsection (7), the words "of prison officers and" are omitted;

11) the words "of prison officers and" are omitted from the heading of § 14;

12) in subsection 14 (1), the words "a prison officer and" are omitted and the word "bears" is substituted by the word "bear";

13) in subsections 14 (2) and (3), the words "of a prison officer and" are omitted;

14) in § 16, the words "to a prison officer or" are omitted.

§ 158. Amendments to Criminal Code

The Criminal Code ( RT 1992, 20, 287 and 288; RT I 1999, 38, 485; 57, 595, 597 and 598; 60, 616; 97, 859; 102, 907; 2000, 10, 55; 28, 167; 29, 173; 33; 193; 40, 247) is amended as follows:

1) subsections 23 (3)-(8) are repealed;

2) subsection 232(2) is repealed;

3) the words "and the common" and "of a supervisory committee" are omitted from subsection 55 (3);

4) the words "and of a juvenile committee or supervisory committee" are omitted from subsection 56 (3);

5) section 562is added to the Code worded as follows:

"§ 562. Calculation of period of probation

(1) Upon the conditional non-application of imprisonment, the period of probation shall commence from the pronouncement of a court judgment or order.

(2) Upon the release from punishment the period of probation shall commence from the pronouncement of a court judgment or order. "

§ 159. Amendment of Code of Administrative Offences

Subsection 347 (2) of the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 45, Correction Notice; 58, 608; 60, 616; 87, 792; 92 825; 95, 843; 2000, 10, 58; 25, 141; 28, 167; 29, 169; 40, 247) is amended and worded as follows:

"(2) Administrative detention shall be served at the house of detention of the location of the court who adjudicated on the matter or of the residence of the detained person. ".

§ 160. Amendment to Code of Criminal Court Appeal and Cassation Procedure

The Code of Criminal Court Appeal and Cassation Procedure (RT I 1993, 50, 695; 1994, 3, 15; 86/87, 1487; 1996, 6, 101; 31, 631; 48, 943; 1998, 17, 265; 51, 756; 1999, 16, 271; 2000, 35, 222; 40, 249) is amended as follows:

1) Subsection 35 (3) is amended and worded as follows:

"(3) A court judgment which is in force shall be referred for enforcement to the country or city court which made the first decision in the same criminal matter. ";

2) clause 69 2) is amended and worded as follows:

"2) against a ruling to send convicted offender to serve a punishment or against a ruling on refusal to send a convicted offender to serve a punishment on the grounds prescribed in subsection 47 (5) of the Criminal Code, and also against the imposition of additional obligations on a convicted offender or the mitigation or repeal of imposed obligations: the convicted offender, his or her criminal defence counsel or legal representative or the prosecutor; ";

3) clause 69 7) is amended and worded as follows:

"7) against a ruling on release of a convicted offender on parole or the commutation of the unserved time of his or her sentence or a ruling on refusal to release a convicted offender on parole or to commute the unserved time of his or her sentence on the grounds prescribed in §§ 55 or 56 of the Criminal Code, and also against a ruling on imposition of additional obligations on a convicted offender or the mitigation or repeal of obligations prescribed in § 561of the Criminal Code: the person who submitted the corresponding application, the convicted offender, his or her criminal defence counsel or legal representative or the prosecutor; ";

§ 161. Amendment to Obligation to Leave and Prohibition on Entry Act

The Obligation to Leave and Prohibition on Entry Act (RT I 1998, 98/99, 1575; 1999, 84, 762; 2000, 40, 254) is amended by adding §§ 221and 341worded as follows:

1) Expulsion centres

(1) Expulsion centres are government agencies in the area of government of the Ministry of Internal Affairs the function which is to enforce the judgments on the detention of persons to be expelled.

(2) The provisions of the Imprisonment Act concerning the imposition of custody pending trial with the specifications provided for in this Act apply to the detention of persons to be expelled in expulsion centres. ";

2) "§ 341. Application of decisions concerning detention of persons to be expelled until construction of expulsion centre

Until an expulsion centre is constructed and accepted, the judgments concerning the detention of persons to be expelled shall be enforced in isolated wards of maximum-security prisons. Persons to be expelled may also be detained in police houses of detention, however, not for longer than for ten consecutive days. "

§ 162. Amendment to Health Care Administration Act

The words "and in custodial institutions" are omitted from § 13 of the Health Care Administration Act (RT I 1994, 10, 133; 1995, 57, 978; 1997, 86, 1462; 1999, 18, 305; 23, 351; 97, 860).

§ 163. Amendment to State Public Servants Official Titles and Salary Scale Act

The State Public Servants Official Titles and Salary Scale Act (RT I 1996, 15, 265; 89, 1590; 1998, 36/37, 552; 1999, 95, 843; 97, 858) is amended as follows:

1) clauses 39) and 40) are added to subsection 6 (5) worded as follows:

"39) probation officer;

40) social worker of a prison. ";

2) clauses 16) and 17) are added to subsection 6 (6) worded as follows:

"16) guard;

17) escorting officer. "

§ 164. Amendment to Superannuated Pensions Act

The Superannuated Pensions Act (RT 1992, 21, 294; RT I 1993, 40, 596; 1994, 24, 398; 51, 856; 83, 1450; 1995, 61, 1027; 95, 1631; 1996, 22, 437; 86, 1539; 1997, 81, 1366; 1998, 17, 266; 107, 1767; 2000, 25, 147; 28, 167) is amended as follows:

1) in clause 2 2), the words "custodial officials" are substituted by the words "prison officers";

2) in clause 12 (1) 5), the words "staff of the Custodial Institutions Board of the Republic of Estonia, community work agencies, prisons, places of custody pending trial and conditional sentence agencies" are substituted by the words "prison officers";

3) in subsection 12 (1), the words "in custodial institutions" are substituted by the words "in prisons";

4) in subsection 12 (2), the words "in custodial institutions" are substituted by the words "in prisons".

Chapter 9

Implementing Provisions

§ 165. Application of prison service on officials upon entry into force of Act

(1) Officials who serve in prisons at the time of the entry into force of this Act and persons who work at other state agencies whose position is in compliance with the conditions provided for in subsections 110 (1) and (2) are deemed to be prison officers.

(2) The provisions of subsection (1) of this section also apply to officials whose service relationship in the positions specified in subsection 110 (1) of this Act is suspended at the time of the entry into force of this Act.

(3) The first-time evaluation of prison officers specified in subsections (1) and (2) of this section shall be organised pursuant to the evaluation requirements which correspond to the official ranks approved on the basis of this Act during the period from 1 October 2002 to 31 December 2003.

§ 166. Application of official ranks in prison service upon entry into force of Act

Prison officers specified in section 165 of this Act shall be appointed to official ranks pursuant to a regulation issued by the Minister of Justice based on subsection 112 (2).

§ 167. Application of grades in prison service upon entry into force of Act

(1) Prison officers specified in subsection 165 (1) of this Act shall be granted grades which correspond to time that they worked in the positions specified in the same subsection as follows:

1) 3 years: grade 1;

2) -6 years: grade 3;

3) -9 years: grade 6;

4) -12 years: grade 9;

5) -15 years: grade 12;

6) -18 years: grade 15;

7) -21 years: grade 18;

8) -24 years: grade 21;

9) -27 years: grade 24;

10) 27-30 years: grade 10.

(2) If the salary rate of a prison officer specified in § 165 of this Act calculated based on the length of his or her service pursuant to the Public Service Act is higher than the salary rate fixed to a corresponding grade pursuant to subsection (1) of this section, the salary rate shall be applied which corresponds to his or her grade after his or her advancement to a grade with a higher fixed salary rate than the salary rate calculated based on the length of service pursuant to the Public Service Act.

§ 168. Application of Act to persons undergoing correctional training programme at time of entry into force of Act

(1) The requirements on preparatory service for prison officers provided for in this Act apply to persons who are admitted to preparatory service after the entry into force of this Act. Persons who at the time of entry into force of this Act study at the correctional staff college of the Estonian Public Service Academy are deemed to be equal to persons who comply with the requirements provided for in subsection 119 (2) of this Act. Persons who at the time of entry into force of this Act study at other educational institutions which provide education in the area of correction are deemed to be equal to the persons who comply with the requirements provided for in subsection 119 (1) of this Act.

(2) Persons who have graduated from the educational institutions specified in subsection (1) of this section prior to the entry into force of this Act and who at the time of the entry into force of this Act are not included in the list of officials specified in subsection 165 (1) or (2) of this Act, may be deemed to be equal to the persons who comply with the requirements provided for in subsections 119 (1) or (2) of this Act on the conditions and pursuant to the procedure established by the Government of the Republic.

§ 169. Non-application of restrictions on appointment to office and promotion

(1) In addition to the persons specified in § 113 of this Act other persons who have not undergone the preparatory service for prison officials may appointed to office as prison officers before 1 January 2003 if such persons comply with the requirements provided for in § 14 of the Public Service Act.

(2) Persons who have acquired at least basic education may be appointed to positions which correspond to the official rank specified in clause 112 (1) 5) of this Act before 1 July 2002.

(3) The provisions of subsections 113 (2) of this Act concerning the appointment to office and promotion of prison officers do not apply before 1 January 2003.

§ 170. Specifications for application of § 107 of this Act

The provisions of 107 of this Act concerning the supervision over the performance of duties in the area of social welfare do not apply before 1 January 2003.

§ 171. Differences in appointing to office of social workers

Persons with higher education other than in social work or social pedagogy may be appointed to office as social workers before 1 January 2003.

§ 172. Detention conditions for prisoners serving imprisonment in medium-security prisons at time of entry into force of Act

A person who was imposed a punishment of imprisonment in a medium-security prison shall continue to serve his or her sentence in a maximum-security prison after the entry into force of this Act.

§ 173. Entry into force of Act

This Act enters into force on 1 December 2000.