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Regulations of the Imprisonment

Adopted21^stDecember 1999

According to Article 81 of the Act No. 169/1999Sb. on the imprisonment and on amendments of some relating acts (hereinafter only as „the Act“) the Ministry of Justice lays down:

SECTION I

GENERAL PART

CHAPTER I

GENERAL PROVISIONS

Article 1

         (1) As far as this Decree shall amend activity and tasks of an employee of the Prison Service of theCzechRepublic(hereinafter only as „the Prison Service“), member of prison guard and civic employee is referred, if it does not result from individual provisions that a member of prison guard is referred.

         (2) As far as this Decree shall mention the prison, also special department of remand prison is referred (Article 5 Item 1 of the Act).

Article 2

         (1) For the purpose of this Decree the person accredited to accomplish clerical activities (hereinafter only as „the accredited person“) means qualified and approved clergyman who is accredited to provide clerical service to convicts and is authorized by management of a competent church or religious society and with accreditation of who the director of the prison has agreed.

         (2) In prisons of all categories work on principle stable teams of employees of the Prison Service that consist of special pedagogue, psychologist, social worker, educators and guards with corresponding special and professional training. One educator is generally responsible for a group up to 20 convicts.

CHAPTER II

ADMISSION, PLACEMENT, TRANSFER AND RELEASE OF CONVICTS

Reception to the Imprisonment

Article 3

         (1) Convict may be accepted to execution of the imprisonment (hereinafter only as „the imprisonment“) on the basis of legitimate and enforceable decision of the court and order to the imprisonment, eventually of summons to deliver the convict the imprisonment issued on the basis of hereinbefore mentioned.

         (2) During reception to the prison it is necessary to verify identity of the convict so that confusion of his or her and another person would be eliminated. If convict who was delivered to the imprisonment by an organ of the Police of the Czech Republic (hereinafter only as „the police organ“) has no identification document with himself or herself he or she can be accepted by the prison only in such case when his or her identification has already been proved and this fact has been recorded by competent court or by the police organ into his or her file.

Article 4

         (1) During reception to the prison personal searching shall be accomplished by a person of the same sex; also necessary hygienic and anti-epidemic measures shall be taken.

         (2) The convict may keep written documents relating to penal proceedings that was or has been conducted against him or her and another official written documents; to amount corresponding with possibilities of provided storage space in a cabinet also pictures, letters, legal regulations, own books, magazines and newspapers. The convict may also keep pocket or wrist-watch, writer's tool, electric shaver, enamelled or porcelain cup for beverages and fundamental hygienic belongings.

         (3) The convict will be allowed to use his or her portable radio that is powered by his or her power supply after control of technical parameters was accomplished to eliminate installation of undesirable equipment. The administration of the prison shall provide the control at convict’s costs.

         (4) On keeping another things shall be decided by the director of the prison or by him authorized employee of the Prison Service. Personal belongings, including money and valuables that the convict has, will be at his or her request put into bailment by the administration of the prison. Documents of personal identification shall always be taken by the prison and put into bailment. As far as bailment of certain thing is with respect to their character or number not possible the administration of the prison shall assure their sending at convict’s costs to the person selected by the convict.

Article 5

The administration of the prison shall send a report on convict’s admission to the court that made the decision of the first instance, to district (municipal) police organ that, to curator for juveniles or to social curator who is competent according to convict’s residency, to the General Directorate of the Prison Service, to the Military Administration providing that the convict subjects to its record-keeping, and in case that the person draws pension or service contribution also to competent body of social security.       

Article 6

The reception department

         (1) After reception to the imprisonment newly accepted convicts are accommodated in the reception department of the prison, separately according to Article 7 of the Act. The convict who does not smoke shall at his or her own request always be placed separately from smoking convicts.

         (2) During thestay inreception department, that generally does not exceed one week, the convict shall submit to entry medical check, including necessary diagnostic and laboratory examinations.

         (3) After entry medical check has been completed the administration of the prison shall immediately send to the General Directorate of the Prison Service report containing all data necessary for decision on the placement of the convict to definite prison.

Article 7

The placement of convicts

         (1) In the course of decision making process concerning the placement of convicts according to Article 9 Item 3 of the Act the General Directorate of the Prison Service follows above kind of programs of the treatment with convicts that will be accomplished in individual prisons and, as far as possible, also to possibility to enable the convict to serve his or her punishment of the imprisonment (hereinafter only as „the punishment“) as close to the place of residency of his or her close persons as possible.

         (2) The decision on placement to the definite prison shall be immediately communicated to the convict so that he might inform close persons on this. If the convict has no appropriate means to inform close persons he or she will send a message at costs of the prison.     

Article 8

The admission department

         (1) In the definite prisons convicts are accepted by the head of the department of the imprisonment (the department of pre-trial detention and imprisonment), psychologist, special pedagogue, social worker, educator, respectively another employees of the Prison Service authorized by the director of the prison (hereinafter only as „relevant employees“).

(2) After the admission newly accepted convicts are accommodated separately fromanother convictsin the admission department of the prison. During the stay in the admission department the length of which is set individually and generally does not exceed two weeks,

a)designate relevant employees shall work out complex report on the convict, including proposal to the program of treatment,

b)theconvict shall be made familiar with content of the Act, this Decree, the Internal Regulations and with environment within which the convict will serve the imprisonment.

         (3) After acts according to Item 2 have been accomplished the convict is, generally within 3 days, called up before relevant employees who discuss the content of the program of the treatment with him or her and determine educator who will take care of him or her.Hereatrelevant employees proceed according to principles laid down in Article 7 of the Act and care so that less disordered convicts may serve their imprisonment separately from more disordered ones and so that more effective means to achieve the purpose of the imprisonment could be implemented.

Transfer of convicts

Article 9

         (1) The convict shall be temporary transferred to another prison:

a)at investigator’s letter of request approved by the director of the Office of Investigation at which the investigator is active,

b)by order of the state’s prosecutor or presiding judge who needs to question the convict,

c)if it is not possible in prison where the convict serves his or her imprisonment to provide adequate limitations according to Article 27 Item 4 of the Act,

d)for the proposal of a doctor for the purpose of providing necessary health care,

e)for the proposal of the director of the prison for reasons of special consideration,

f)for the reason of attendance in court civil proceedings

         (2) The convict may be transferred only to such prison where the department of the same category in which he or she serves the punishment is established or to the prison where the reception department is established.

Article 10

         (1) The convict shall be transferred to another prison for not temporary period:

a)by the decision the General Directorate of the Prison Service for reasons of special consideration in the interests of provision of the purpose of the imprisonment or provision of fulfilment of objectives of the Prison Service,

b)by mutual consent of directors of prisons of the same basic category that apply analogical programs of the treatment with convicts for the purpose of deepening educational influence of the imprisonment or on the basis of positive decision on the application of the convict or of persons close to him or her.

         (2) If procedure for conditional release or transfer of the convict is under progress it shall be taken into account so that the convict may not be without reasonable reason transferred to prison outside the district of the Court that conducts such procedure.

Article 11

         On convict’s transfer for a period longer than seven days the administration of the prison shall immediately inform persons close to him or her, if convict himself or herself can not do so, and in case that the convict is under another penal action also relevant body responsible for penal proceedings.

The outgoing department

Article 12

         Generally, the director of the prison shall place convicts into the outgoing department six months prior to expected end of the imprisonment for the proposal of relevant employees (Article 8 Item 1).

Measures taken prior to release from the imprisonment

Article 13

         (1) The prison minds that convict are released with valid identification documents.

         (2) Prior to his or her release from the imprisonment the convict shall be according to circumstances instructed on his or her obligation to register immediately his or her residency after the release, and in case of conditional release or and obliteration of the sentence he or she shall be given by a notice on legal conditions of getting across the probation period.

         (3) Also the convict shall beevinciblyinstructed on rights and obligations of applicants for employment and on the fact that it is the matter of his or her interest to visit relevant social curator at latest within three days or his or her employer respectively.

         (4) The convict shall be given by the certification on his or her release.

Article 14

         (1) At the release the convict shall be preventively medically checked up and he or she receives back things and identification documents that he or she had put into bailment in the prison.

         (2) Convicts are released from the imprisonment daily during8:00until16:00, including those whose imprisonment expired prior to8:00of the following day.

         (3) In case that released convict is sick the procedure shall follow, as regard of his or her transport to the hospital, special regulation[1].

CHAPTER III

PROVISION OF RIGHTS OF CONVICTS AND OF THEIR SOCIAL SITUATION

Catering

Article 15

         (1) Convicts who have no possibility to prepare their own coffee or tea and who do not serve any disciplinary punishment according to Article 46 Items f), g) and h) of the Act shall be at least twice a day provided with hot water to prepare warm beverages.

         (2) The doctor shall make a decision on provision of therapeutic diet and on its kind and duration.

Article 16

         (1) If adequate material and hygienic conditions exist, convicts in prisons with minimum and medium supervision and in outgoing departments of prisons with guardingand enhancedguarding are enabled to prepare their own meals made of foodstuffs delivered by the prison.

         (2) The convict who with respect to his or her character or conviction does not want to accept common cateringusanceshall be allowed to prepare his or her own complementary meals at his or her own costs, as far as conditions in the prison enable this.

Accommodation

Article 17

(1) Each convict shall be provided with lockable cabinet to store personal belongings. The convict is anytime obliged to enable the employee of the Prison Service to accomplish the control of his or her personal belongings.

         (2) Aside from equipment according to Article 16 Item 2 of the Act, rooms where convicts are accommodated have to be equipped with a table and chairs.

         (3) The director of the prison shall decide on fashion of arrangement of dormitories, beds and space for storage of personal belongings.

         (4) To keep order, cleanness and hygiene in dormitories of convicts common detergents and disinfectants shall be distributed amongst convicts.

         (5) If cells are housing space they have to be equipped with hygienic sanitary equipment that consists of a toilette and a wash-basin which are separated from cell’s left space by an opaque shield and with signal (landingcallpush) equipment.

Clothing

Article 18

         (1) Convicts shall be provided with clothing and withanotheraccoutermentsaccording to seasons. Convicts are obliged to keep them clean and in useable conditions.

         (2) Convicts may usetheir ownssportswear and sport footwear only during sport activities.

         (3) Their own clothing and footwear may convicts wear:

a)in prisons with medium supervision and in prisons for juveniles in the course of visits, during religious services and during activities outside the prison organized within the framework the program of the treatment,

b)inprisons with minimum supervision during non-working time according to their account.

         (4) All the convicts are allowed to wear their own underwear and socks.

         (5) The convicts have to keep their own clothing, footwear, underwear and socks clean at their own costs.

Article 19

(1) Change of prison personal washings shall be done at least once in a week, of prison clothing or footwear and of prison bed-clothes once in 14 days.

         (2) Change of own clothing, washings or footwear shall be accomplished by means of mail or during visits.

Article 20

Outing

         (1) The purpose outing is to provide convicts with daily stay in fresh air and active relaxation; the convicts take part in outings according to their own interest.

         (2) Outing is accomplished within outing space. The outing space is a determinate space inside the prison which can be equipped with security equipment corresponding security category of the prison.

         (3) Outing time shall be specified within the framework of daily scheduler that is a part of the Internal Regulations.

         (4) Sick convicts may take part in outings with the consent of attending doctor and according to his or her recommendation.

         (5) Outing may be restricted or cancelled only for serious reason based on the decision of the director of the prison or by him authorized employee of the Prison Service.

         (6) During outing convicts may go in for sport; they have to wear clothing that is adequate to weather conditions.

Article 21

Personal hygiene

         (1) The prison is obliged to create appropriate conditions that enable observance of personal hygiene of convicts such way so that daily washing, regular shaving and accomplishing of general hygienic acts can be realized.

         (2) Convicts shall be enabled to take for a bath at least once a week. If required by working assignment of convicts or by another circumstances bath shall be enabled more frequent. As bath in conditions of the imprisonment a shower-bath with warm water is considered. As far as for temporary operational or energy reason it is not possible to provide the bath, possibility to wash in warm water must always be assured.

         (3) According to necessity convict’s hair are cut free of charge. Their hair and beard have to bekeepclean.

         (4) The administration of the prison shall providefundamental hygienic belongingsto necessary extent to the convict who has no ones neither has financial funds to buy them.

Article 22

Personal leisure time

         (1) As personal leisure time is considered time that convicts have at their disposal after completing targets of the program of the treatment, necessary personal hygiene, cleaning, one hour outing, eight hours period to sleep and activities resulting from organizational operation of the prison (for instance numerical verification, cleaning and similar activities necessary to provide daily operational routine of the prison).

         (2) In the course of personal leisure time within the framework of daily scheduler the convict may according to his or her account go in for self-education, satisfy his or her spiritual and cultural needs and hobbies that exceed framework of the program of the treatment or regular relaxation.

(3) Activities being accomplished during personal leisure time must not be in conflict with the Internal Regulations of the prison and with the purpose of the imprisonment.

Article 23

Medical treatment

         (1) The medical treatment of the convict is above all provided by the medical centre in the prison or by another medical facility of the Prison Service.

         (2) Preventive ingoing, periodical, extraordinary and outgoing medical examinations have to be accomplished out of earshot and, unless the doctor decides otherwise, also out of sight of employees of the Prison Service with exception of nursing personnel.

         (3) When health condition of the convict needs provision of immediate medical treatment and it is not possible to provide such treatment in the prison, a body of the Prison Service has to call in the doctor of the first aid service or of the nearest facility of emergency medical service who after the examination of the convict decides on next steps.

         (4) In case that the doctor of the first aid service or of emergency medical service orders transfer to out-patient or in-patient treatment in the nearest health facility that is located outside the prison or hospitalization in some of medical facilities of the Prison Service, his or her orders to take these steps are binding for bodies of the Prison Service and have to be done immediately.

         (5) On deprecation of food by the convict must be immediately notified the doctor who persistently checks health condition of the convict and decides on kind of supervision over his or her health condition.

Article 24

Correspondence

         (1) Employees of the Prison Service who are authorized by the director of the prison may without permission of the convict control the content of correspondence

a)that is addressed to the convict,

b)that is sent off by the convict

except correspondence mentioned in Article 17 Item 3 of the Act; authorization of employees of the Prison Service who are authorized to control correspondence of convicts shall be given by publicity in the Internal Regulations of the prison.

         (2) For convict’s correspondence lockable boxes are established at accessible place intowhich convictsmay put their correspondence unless they forward it to educator. Only correspondence laid down in Article 17 Item 3 of the Act may be forwarded in sealed envelop. Letters from boxes are collected during each working day. Correspondence which does not establish suspicion that an offence will be or is committed has to be immediately, at latest following working day, sent off, unless it is correspondence in a language different from Czech language.

         (3) Correspondence in Czech language that is addressed to another convict shall be immediately forwarded to him or her providing that its content does not establish suspicion that an offence is prepared or committed.

         (4) Correspondence, in which the convict submits legal remedy within the meaning of legal regulations and this fact is known to the Prison Service, shall be provided by authorized employee of the Prison Service with presentation stamp and date of presentment. At convict’s request authorized employee of the Prison Service shall confirm take-over of such presentment together with indication of the date of the take-over.

         (5) All the correspondence mentioned in Article 26 Item 1 of the Act shall be recorded in the record list of the correspondence; the other correspondence shall be recorded only when sent as registered.

         (6) The convict may keep delivered correspondence to the extent which is adequate to the storage space in his or her cabinet. In case that the convict asks his or her correspondence to be put into bailment, the administration of the prison is obliged to do so with the whole correspondence that has been addressed on him or her.

         (7) When another things than books, daily press and magazines are attached to correspondence such consignment is regarded as a package within the meaning of Article 24 of the Act.

Article 25

Access to telephone

         (1) Prior to the permission to use a telephone number is granted an employee authorized by the director of the prison is obliged to check correctness of all data mentioned in convict’s application.

         (2) The convict asks an educator for use of permitted telephone number.

         (3) Authorization of the Prison Service familiarize itself with the content of calls is generally accomplished by means of recordings, exceptionally by means of direct eavesdropping by an employee of the Prison Service who has been authorized by the director of the prison. As far as content of the call establishes suspicion that an offence is prepared or committed the Prison Service shall forward recording to the body responsible for penal proceedings, in case of direct eavesdropping it shall interrupt the call and reports on the event.

         (4) If the Prison Service reveals during recording or at direct eavesdropping that the convict communicates with his or her lawyer, then it is obliged immediately to cancel recording and to destroy content of recording and not to use information that it obtained this way.

(5) All convict’s call shall be recorded in the record list of telephone usage.

Visits

Article 26

         (1) Generally, visits are arranged during non-working days.

         (2) In reasonable cases the visit may be arranged such way that visitors are separated from the convict with transparent screen and under supervision of the member of the staff of the Prison Service.

         (3) Prior to the visit an employee of the Prison Service shall instruct both the convict and visitors on set rules of behaviour during the visit and on his or her authorization to interrupt the visit if the convict or visitors, despite warning, breach order, discipline or security of the prison (Article 19 Item 7 of the Act).

         (4) Entering the space that is allocated for visiting convicts shall be enabled to visitors more than 15 years old after they show their valid identification document or passport, to soldiers of compulsory military service also after they show their military identification document. Permission to enter on the basis of certification on loss of identification document shall not be granted unless such certification is equipped with a photograph.

         (5) In the course of visits convicts are obliged to act properly and considerately towards the other persons who are present. They must not give or receive money, letters oranother things, excepting things that has been allowed by the director of the prison or by him authorized employee of the Prison Service.

         (6)Beforeand after the visit personal searching shall be done with the convict (Article 28 Item 2 Letter a) of the Act) by the person of the same sex.

Article 27

         (1) For visitors of convicts properly equipped room shall be established. There are the Act, this Decree, the Internal Regulations and fundamental information, above all on financial and material belongings of convicts and on providing health care are at the disposal in waiting room.

         (2) Acceptance as well as refusal of the visit by the convict or by the person to whom the visit was permitted shall be recorded.

Article 28

         (1) The director of the prison or by him authorized employee of the Prison Service may permit more frequent and even without the framework of set time visit for urgent family or personal reasons. If the director of the prison or by him authorized employee of the Prison Service allow the convict to accept visit of another person than close (Article 19 Item 4 of the Act) such visit shall not be involved amongst visits of close persons.

         (2) Time set for the visit according to Article 19 of the Act that has not been drawn shall not be carried over to following calendar months.

Article 29

Satisfying cultural needs

         (1) Books, daily press and magazines may be sent to the convict also by his or her relatives or byanother persons. To such consignments does not apply restriction laid down in Article 24 Item 1 of the Act. As far asanother thingsthan books, daily press and magazines are enclosed to the consignment such consignment shall be considered as a package according to Article 24 of the Act.

         (2) Within the framework of its possibilities the prison runs library that provides with generally accessible fiction, religious and professional literature, including legal regulations of individual legal branches. The convict shall be enabled to choose books from the prison library fund according to his or her spiritual needs and confession.

Article 30

Usage ofanother things

The director of the prison or by him authorized employee of the Prison Service decides on possibility of purchase or delivery respectively and usage of another things relating to fixation of additional education , program of the treatment, eventually hobbies of the convict, and shall set conditions under which another things may be used.

Article 31

Purchase of foodstuffs and personal belongings

         (1) Sales time of prison shop shall be set so that convicts may use the right to do shopping at least once in a week.

         (2) Prices in prison shop must not exceed prices that are common prices in the region where the prison is located.

         (3) In case when purchase is exceptionally realized in cash the convict may keep only cash that has been set by the director of the prison (Article 23 Item 3 of the Act).

Receiving packages

Article 32

         (1) To keep intervals set for receiving packages according to Article 24 Item 1 of the Act the convict shall be given by an affirmation on his or her right to receive a package together with instructions for the sender of the package and on gauge of permitted things.

         (2) On conferment of the affirmation review shall be kept in personal file of the convict.

         (3) Validity of the affirmation shall expire by acceptance of the package or consignment that has been considered as a package (Article 24 Item 7) or by issuing another affirmation.

         (4) The package will be forwarded to the convict only against presentation of valid affirmation.

         (5) The package can be sent by mail or may be forwarded during the visit.

Article 33

         (1) In case that the package contains valuables, money, weapons and ammunition, medicaments, alcoholic beverages (including beer), products containing spirit and another volatile substances, products in glass wrappers, quickly perishable foodstuffs, products in pressure vessels (sprays), printed matters or materials advertising national, ethnic, racial, religious or social intolerance, fascism and similar movements, violence and cruelty, as well as printed matters or materials containing instructions how to manufacture and use habitudinal substances, weapons and ammunition, or in case when the convict refuses to accept the package, the package or its part that has not been forwarded shall be returned to sender as a new consignment at convict’s cost, unless this has already been accomplished during the visit.

         (2) The report in written form shall be done on the fact that the package or its part will not be forwarded to the convict, together with reasons, and the convict shall be made acquainted with the content of this report.

         (3) By means of his or her signature put into the book of forwarded packages the convict shall confirm its receipt, including information on its weight and eventual infringement of the wrapper.

Article 34

Protection of rights and legitimate interests of convicts

         (1) Complaints and applications to exercise their rights can the convict address as to state bodies of theCzech Republicas to international bodies and organizations that are on both world and European level respected as part of the process of obtaining and investigating information on violation of human rights.

         (2) International bodies and organizations hereinbefore mentioned in Item 1 are above:

a) Committee for Human Rights,Geneva,

b) Commission for Human Rights,Geneva,

c) Office for Human Rights,Geneva,

d) Committee forodstranŽn" of Racial Discrimination,Geneva,

e) Committee against Torture,Geneva

f) UN Commission forpostaven" of Women,Vienna,

g) Committee for Children Rights,Geneva,

h) UN High Commissioner for Human Rights,Geneva,

i) UN High Commissioner for Refugees,Geneva, includingPraguebranch office,

j)European Courtfor Human Rights,Strasbourg,

k) Convention for Prevention of Torture,Strasbourg,

l)obseHigh Commissioner for Ethnic Minorities,The Hague,

m)obseOffice for Democratic Institutions and Human Rights,Warsaw,

n) Amnesty International,London, includingPraguebranch office,

o) International Federation for Human Rights, includingPraguebranch office,

p) International Helsinki Federation for Human Rights, includingPraguebranch office,

r) International Association for Human Rights,Frankfurt, includingPraguebranch office,

s) International RomanyUnion,Texas,

t) International Committee of Red Cross,Geneva, includingPraguebranch office.

         (3) There shall be boxes installed at generally accessible places into which convicts may put correspondence mentioned in Article 26 Item 1 of the Act. Correspondence shall be collected daily on working days by the employee of the Prison Service who was appointed by the director of the prison and who is not in direct contact with convicts. Correspondence must be immediately sent of to the addressee, at latest on nearest working day.

         (4) Construction of lockable boxes for correspondence mentioned in Article 26 Item 1 of the Act may not enable unauthorized persons to manipulate with its content.

         (5) Convicts file complaints and applications to exercise their rights and legitimate interests in sealed envelops.

         (6) The convict may ask in written or verbal form for interview with persons mentioned in Article 26 Item 2 of the Act. The addressee has to be notified on such application at latest following working day. In case of his or her attendance in the prison the state's attorney, who performs supervision over the imprisonment, has to be immediately notified on convict's application for interview.

         (7) There shall be a special room established in the prison equipped for conversation of convicts with their lawyers.If the lawyer does not announce his or her visit to the convict at least 24 hours in advance the visit will take place generally without the framework of convict's working hours.In case when it is necessary to verify signature of the convict, also the notary shall attend such visit. Provisions of Article 26 Items 1, 2 and 3, Articles 27 and 28 shall not apply to such visits.

         (8) As far as the convict requests the director of the prison for interview, such interview has to be generally granted within one week, immediately in urgent cases. Urgency is considered by the director of the prison according to reasons that are laid down in the application.

Article 35

Protection of convicts from unauthorized violence and degradation of human dignity

         (1) If the employee of the Prison Service discovers that the right of the convict to protection from unauthorized violence, from any indication of degradation of human dignity and from outrage or threat, or if the convict reports on such acts, he or she is obliged immediately to take necessary measures to stop such acts and to notify the director of the prison on these acts at the same time.

         (2) Each convict is obliged to care about observance of rights ofanother convicts(see Item 1) and in case that he or she reveals their violation to inform employee of the Prison Service or directly the director of the prison.

         (3) The director of the prison is obliged to investigate consistently and immediately every reporting, letter or another information concerning violation of rights of convicts and to take efficient measures to prevent violation of these rights to be continued.

         (4) If it has been proved or when there is a reasonable suspicion that act hereinbefore mentioned in Item 1 was perpetrated by

a) an employee of the Prison Service, then the director of the prison shall ensure that such employee will not come into direct contact with the convict until the case is examined,

b)theconvict, then the director of the prison shall take such measures so that such convict may not continue in similar acts and so that security of that convict whose rights have been violated and of those convict who such act reported.

         (5) The director of the prison is obliged to care about the convicts who with respect to their psychical features, age, health and physical conditions may become victims of physical violence and degradation of human dignity, and to ensure so that such convicts would be accommodated separately from convicts with aggressive inclination;hereathe or she use above all knowledge of doctor, psychologist, sociologist, special pedagogue and of educators.

CHAPTER IV

REALIZATION OF THE PROGRAM OF THE TREATMENT AND EMPLOYMENT OF CONVICTS

Realization of programs of the treatment (rehabilitation programs)

Article 36

         (1) On the basis of complex report the prison shall enable the convict to choose from alternative programs that start from possibilities of the prison and the prison does consider as proper for the convict. It is not necessary to choose the whole program but certain pats of the program may be sufficient. These alternatives are composed in such manner that they may be equal in their formative consequences. Different combinations of alternatives enable to compose programs that are individualized to necessary extent.

         (2) Programs of the treatment are broken up into:

a)workingactivities,

b)educationalactivities,

c)specialeducational activities,

d)activitiesof interest,

e)areaof building external relations.

         (3) Working activities of the program of the treatment mean:

a)employment,

b)worknecessary to provide daily operation of the prison (Article 32 Item 2 of the Act),

c)workingtherapy conducted by employees of the Prison Service who have appropriate professional education.

         (4) Educational activities of the program of the treatment mean:

a)educationthat is organized or realized by secondary professional apprentice school, apprentice school or by vocational school,

b)educationthat is conducted or controlled by employees of the department of the imprisonment (the department of pre-trial detention and imprisonment respectively).

         (5) Special working activities of the program of the treatment mean individual and group special pedagogical and psychological influence that are conducted by competent employees, especially:

a)therapeutic(especially training of social and cognitive skills, psycho-therapy, art-therapy, motion-therapy),

b)socialand legal consultancy,

c)traininghow to manage own aggressiveness.

         (6) Activities of interest of the program of the treatment mean variousforms ofindividual and group interest activities that are organized and conducted by employees who have appropriate professional education by means of which they develop capabilities, knowledge and social skills of convicts in compliance with the purpose of the imprisonment.

         (7) While offering alternatives within the framework of programs of the treatment the prison is obliged to use as broad scale of forms, methods and means as possible, which need active approach of convicts and involve elements of self-service.

         (8) Programs of the treatment for individual convicts have to be approved by the director of the prison or by his or her deputy.

 Article 37

         As far as the convict does not choose any of proposed alternatives of the program of the treatment, he or she shall take part in minimum program that is laid down by the Internal Regulations. Its fundamentals are built on working activities corresponding with health condition of the convict.

 Article 38

         (1) Achievements of the program of the treatment shall be regularly reviewed and assessed in terms laid down in Item 2 of this Article. During assessment the program shall be updated in compliance with the development of personality of the convict and with changes of his or herbehaviourand acting. Assessment of successfulness of achievements of the program of the treatment is discussed by employees of the department of the imprisonment (the department of pre-trial detention and imprisonment respectively) with the convict; therefore, the convict shall take part in updating of the program of the treatment.

         (2) Generally, programs of the treatment are reviewed once

a)ina month in prison for juveniles,

b)intwo months in prisons with minimum and medium supervision,

c)inthree months in prison with guarding,

d)insix months in prison with enhanced guarding.

         (3) As update of the program of the treatment is considered also assignment to minimum program of the treatment or transfer to individual program of the treatment.

Article 39

         (1) Assessment of successfulness of achievements of the program of the treatment is fundamental ground for proposal to transfer the convict to the prison different security category.

         (2) The director of the prison forwards the proposal to transfer the convict to the prison of different security category to the court, mostly on the ground of recommendation of specialists (Article 8 Item 1).

         (3) If assessment of the program of the treatment is positive and when possibilities of the prison to update the program of the treatment are exhausted, specialists shall recommend to the director of the prison to forward proposal to transfer the convict to prison of lower security category.

         (4) Specialists shall recommend to the director of the prison to forward proposal to transfer the convict to prison of higher security category as far as it has been proven that the convict was treated in compliance with manner that was proposed in complex report and

a)theconvict has been assigned to minimum program of the treatment and his or her assessment within at least three assessment periods (Article 38 Item 2) does not enable to apply individual program of the treatment,

b)theconvict commits punishable offence in the prison or significantly and repeatedly does not fulfill his or her obligations or breaches inhibitions laid down in Article 28 of the Act.

         (5) Except forbehaviour, acting, attitudes to committed punishable offence and to the imprisonment, choice and way of meeting achievements of the program of the treatment are amongst ruling facts within the process of placement of the convict into any of generally three groups within the framework of internal differentiation.

Article 40

         (1) Except for activities that are specified in the program of the treatment the convict may during time laid down in the Internal Regulation satisfy his or her needs in following manners:

a)to utilize prison library,

b)to subscribe press, books and publications,

c)to participate in publishing convict's magazine,

d)to listen to the radio or to watch TV relations,

e)toparticipate in another educational and interest activities that are conducted by the prison.

         (2) In arrangement of activities focused on satisfying needs of convicts that are mentioned in Item 1 the prison is obligedto useas broad scale of forms, methods and means as possible and to emphasize those that require active approach of convicts.

Employment of convicts

Article 41

         (1) The convict shall be assigned to work upon the decision of the decision of the director of the prison, generally on the ground of recommendation of specialists (Article 8 Item 1).

         (2) The obligation to work does not apply to the convict:

a)whois older than 65 years,

b)whois fully disabled,

c)thehealth condition of who does not allow his or her working assignment,

d)whois temporarily unable to work,

e)whenit results from the character of an obstacle that his or her working obligation is excluded.

         (3) Refusal of work by the convict who has been assigned to work is a significant violation of convict's obligations for which disciplinary punishment would generally be imposed on the convict. Generally, in case of refusal of work the convict shall be placed during the time when he or she should work separately from the other convicts while he or she is prevented to take part in interest activities, including watching TV or listening radio.

         (4) Provisions of previous Item do not apply to convicts who did take back their consent with assignment to work at external subjects mentioned in Article 30 Item 4 of the Act.

Article 42

         In compliance withlabourlaw provisions the director of the prison is authorized to schedule working time of convicts and, if needed, to order work overtime; especially, he or she is authorized to arrange working time of convicts so that it would be the same like working time of employees in regular employment. While ordering work overtime the director of the prison shall take into account the length of the sentence that the convict is to serve in the course of calendar year.

Article 43

         (1) Convicts who have been assigned to work are generally divided into working groups; leaders of these groups are appointed by the director of the prison or by him or her authorized employee of the department of the imprisonment (the department of pre-trial detention and imprisonment, respectively).

         (2) Convicts are assigned and re-assigned to working groups in compliance with the purpose of the imprisonment. The director of the prison decides on transfer of the convict to another working group.

Article 44

         (1) Prior to assignment to work the convict has to be provably made familiar with his or her rights and obligations as well as with regulations ensuring safety and health protection during work and with anti-fire regulations, that the convict is obliged to observe.

         (2) The convict must be trained to accomplish assigned work as far as its character requires it; length and extent of training are he same as in case of employees in regular employment.

         (3) For convicts who have proper disposition professional training focused on enhancing their skills.

         (4) Authorized employee of the Prison Service accomplishes permanent supervision over working activities of convicts at all workplaces inside and outside the prison.

         (5) To resolve organizational problems of work and of working achievements meetings of working groups and responsible employees of an employer are held generally once in a month.

Article 45

         (1) Convicts, who can be supposed not to misuse this, may be assigned to unsupervised working groups.

         (2) The director of the prison may allow convicts, who serve their sentence in prison with minimum or medium supervision, to move freely outside the prison during working activities. For that purpose permits are issued on which space where convicts may move within determined time is specified.

Education of convicts

Article 46

         (1) Education of convicts is a part of programs of the treatment. Education is generally provided by separated workplaces of secondary professional apprentice school, apprentice school or of vocational school. In prisons where separated workplaces of secondary professional apprentice school, apprentice school or of vocational school are not established education of convicts shall be conducted by the department of the imprisonment (the department of pre-trial detention and imprisonment respectively).

         (2) At provision of compulsory education of juveniles bodies of the Prison Service co-operate with competent schools and with administrative bodies of state educational section.

         (3) In certifications that convicts achieved during their imprisonment must not be mentioned that they were obtained in prison. Convicts who do not complete their studies in the course of the imprisonment have the right to complete studies in relevant school.

         (4) The director of the prison may allow convict serving their sentence in prison with minimum or medium supervision or in prison for juveniles to move freely outside the prison for the purpose of school attendance.

         (5) The prison shall establish proper study conditions, as space as organizational, for convicts who participate in any of forms of education.

CHAPTER V

PROVIDING ORDER AND SECURITY AT PLACES OF THE IMPRISONMENT

Providing order at places of the imprisonment

Article 47

         (1) During contact withanother personsconvicts are obliged to meet principles of decentbehaviourthat is commonly used in the course of social life. During contact with an employee of the Prison Service or withanother citizen convictshave to greet in manner that is used in regular social life, to address them as "Mr." or "Mrs." with function attached, or call them by surname, if they know the person, and never use first name.

         (2) Convicts are obliged to behave properly also to another fellow-inmates and address them in manner that is used in regular social life.

         (3) During eight hours period that is designed to sleep convicts are obliged to observe silence of the night.

Article 48

         (1) Convicts have to keep order and cleanness corresponding hygienic norms within prison area and the same way they have to keep their personal belongings. Cleaning, arrangements of environment, auxiliary kitchen work and another auxiliary work that is necessary to provide daily operation of the prison shall convicts do without any right to remuneration. During outing such work can be ordered only in exceptional cases when exceptional situation needs it.

         (2) Convicts are not allowed to smoke at places where it prohibited for the sake of protection of health of non-smoking persons or by an order of the director of the prison for the sake of anti-fire reasons.

Article 49

Providing external security at places of the imprisonment

         (1) In prison with minimum supervision and in prison with medium supervision shall not be used nor construction and technical measures nor armed guards to prevent escapes of convicts. Educators are authorized to supervise activities of convicts, in prisons with medium supervision also guards.

         (2) In prison for juveniles and in prisons with guarding and enhanced guarding special construction and technical measures and armed guards to prevent escapes of convicts shall be used.

Article 50

Locking convicts

         (1) As far as conditions in the prison enable, convicts shall be locked in their cells or dormitories during eight hoursperiod thatis designed to sleep (Article 16 Item 4 of the Act).

         (2) Time during which convicts are locked in their cells or dormitories may be prolonged by the director of the prison in reasonable cases and with respect to requirements for keeping order and security in the prison.

Article 51

Providing internal security in prison with minimum supervision

         (1) Convicts are allowed to move without any restrictions within the area of the prison.

         (2) Convicts work mostly at workplaces outside the prison, supervision shall be accomplished by educator at least once in a week.

         (3) Without the framework of working time and upon permission of the director of the prison convicts are allowed to move freely outside the prison for the purposes of participation in cultural, educational and sport activities and in religious services; the director of the prison shall also make a decision whether an employee of the Prison Service will attend these activities.

         (4) For the purpose of accomplishing activities mentioned in Items 2 and 3 permits are issued on which space where convicts may move within determined time is specified.

         (5) Visits are mostly realized without any supervision of employees of the Prison Service. In connection with the visit the director of the prison can once in two weeks grant permission to temporary leave the prison for a period 24 hours; a permit on temporary leave shall be issued on prescribed form on which space where the convict may move within determined time is specified.

Article 52

Providing internal security in prison with medium supervision

         (1) Within the area of the prison convicts generally move in organized form and under supervision of an employee of the Prison Service.

         (2) The director of the prison may allow convicts, who are supposed not to misuse this, free movement within the area of the prison.

         (3) Convicts work mostly at unsupervised workplaces outside the prison; supervision over their working activities is accomplished at least once in an hour by an employee of the Prison Service appointed by the director of the prison.

         (4) The director of the prison may allow convicts, who can be supposed not to misuse this, free movement outside the prison that is in connection with achieving working targets; supervision over their working activities is accomplished at least once in a week by an employee of the Prison Service appointed by the director of the prison.

         (5) Without the framework of working time also activities outside the prison can be organized; unless they are activities hereinbefore explicitly mentioned in previous Item an employee of the Prison Service shall always attend.

         (6) For the purpose of accomplishing activities mentioned in Items 4 and 5 permits are issued on which space where convicts may move within determined time is specified.

         (7) Visits are mostly realized without any supervision of employees of the Prison Service. In connection with the visit the director of the prison can once in two weeks grant permission to temporary leave the prison for a period 24 hours; a permit on temporary leave shall be issued on prescribed form on which space where the convict may move within determined time is specified.

Article 53

Providing internal security in prison with guarding

         (1) Within the area of the prison convicts move in organized form and under supervision of an employee of the Prison Service.

         (2) The director of the prison may allow convicts, who are supposed not to misuse this, free movement within the area of the prison in the course of achieving working targets.

         (3) Convicts work mostly at workplaces inside the prison or at guarded workplaces outside the prison.

         (4) Convicts, who are supposed not to misuse this, can be employed at workplaces outside the prison that are not guarded.

         (5) Supervision over their working activities of convicts is accomplished at least once in 45 minutes by an appointed employee of the Prison Service.

         (6) For convicts mentioned in Item 4 also activities outside the prison can be organized; an employee of the Prison Service shall always attend these activities.

         (7) Visits are mostly realized under supervision of an employee of the Prison Service.

Article 54

Providing internal security in prison with enhanced guarding

         (1) Within the area of the prison convicts move in organized form and under supervision of an employee of the Prison Service.

         (2) Convicts work at workplaces inside the prison or can have proper work in their cells.

         (3) Supervision over their working activities of convicts is accomplished at least once in 30 minutes by an appointed employee of the Prison Service.

         (4) Convicts are not allowed to have free movement within the area of the prison, not even in the course of achieving working targets.

         (5) Visits are mostly realized under supervision of an employee of the Prison Service.

Article 55

Providing internal security in prison for juveniles

         (1) Within the area of the prison convicts move in organized form and under supervision of an employee of the Prison Service.

         (2) Convicts generally work at workplaces inside theprison .

         (3) Convicts, who are supposed not to misuse this, can be employed at workplaces outside the prison that are not guarded.

         (4) Supervision over their working activities is accomplished at least once in 30 minutes by an employee of the Prison Service appointed by the director of the prison.

         (5) Also activities outside the prison can be organized for convicts; an employee of the Prison Service shall always attend these activities.

         (6) Visits are mostly realized under supervision of an employee of the Prison Service.

CHAPTER VI

MEANS TO ACHIEVE ORDER AND DISCIPLINE

General provisions

Article 56

         At dispensation of disciplinary rewards and imposition of disciplinary punishments pedagogical principles have to be respected applying of which strengthen educational effect of disciplinary reward or punishment, above all principles of individualization, adequacy, gradation, consistent action and fairness.

Rewards

Article 57

         (1) On dispensation of disciplinary rewards record shall be made on prescribed form that shall be placed into convict’s personal file. Dispensation of disciplinary reward, its character and reason of dispensation shall be recorded on personal card of the convict.

         (2) Appreciation is expressed verbally either individually or before group of convicts.

         (3) Exceptionally prolonged visit (Article 45 Item 2 Letter b) of the Act) canpermittedas to close persons as to another persons.

         (4) Single purchase of foodstuffs and personal belongings can not be enabled to the convict who has smaller amount of money put into bailment than expected price of fare to the place of his or her residency and daily allowance on the day of release.

         (5) Pocket money can beheightenby release of relevant amount of the storage charge.

         (6) Financial reward may be used by the convict as pocket money or he or she can ask for deposit the money into an account kept by the prison or to send it to a major person that he or she determines.

         (7) Personal free time on sports, cultural or special-interest activities is impossible to extend at the expense of eight-hour time to sleep, time needed to personal hygiene, food and at individual outing.

         (8) At decision making about interruption of the imprisonment and about permission temporarily leave the prison in connection with the visit or with the program of the treatment of the convict, the director of the prison looks on the stage of disturbance of the convict, character of punishable activities for which the convict was sentenced, length of imposed sentence and itsunservedpart, security category of prison in which the convict serves the imprisonment and on his or herbehaviourduring the imprisonment.

Disciplinary punishments

Article 58

         (1) About imposition of disciplinary punishment shall be decided as soon as possible after detection of disciplinary trespass and its appropriate clarification.

         (2) About disciplinary trespass of the convict a record shall be done on specified form. From the record has to be obvious concrete specifications on behaviour in which disciplinary trespass has been seen, including place, time, manner how the disciplinary trespass was committed and circumstances under which the disciplinary trespass was committed, eventually also supposed motive of such behaviour. The record on imposition of disciplinary punishment shall be filed into personal file of the convict. Imposition of disciplinary punishment, its manner and reason of imposition shall be filed into personal card of the convict.

         (3) During proceedings on disciplinary punishment item of evidence may be anything what can contribute to clarification of the act, especially findings of the employee of the Prison Service, statements of convicts and another persons, things, documents and examination. Evidences must be specified concretely and such way so that it may be possible to verify them. If items of evidence are statements of witnesses, concise summary of their statement, signed in their own writing, shall be presented. Confession of the convict does not deprive relevant employee of the Prison Service of the obligation to examine and through available means verify all circumstances of the act.

(4) Prior to imposition of disciplinary punishment the convict has be allowed to comment the case. Opinion of the convict shall be documented on prescribed form and submitted to him or her to sign. If the convict refuses to sign the form relevant employee of the Prison Service shall document this fact, including reasons of such refusal and shall add date and his or her signature.

         (5) Disciplinary punishment may be imposed only if the convict has evidently been found guilty. During the decision making process the employee of the Prison Service is obliged to respect above all relevance of the disciplinary trespass and circumstances under which the trespass was committed, as well as convict's behaviour until now. Disciplinary trespass may also be settled within the framework of educational interview without imposition of any disciplinary punishment; this fact shall be documented in the file on disciplinary punishments. The decision on imposition of disciplinary punishment has to be issued in written form and except for the verdict and grounds of the decision must always involve instructions on legal remedy. The convict shall confirm announcement of the decision by his or her signature. If the convict refuses to sign the same steps shall be taken as if he or she refuses to sign his or her opinion.

Article 59

         Complaint against the decision on imposition of disciplinary punishment (Article 25 Item 1 of the Act) may be filed orally or in writing. If complaint is in written form date of its take-over by the employee of the Prison Service shall be specified. On complaint that is filed orally a record shall be done on prescribed form where substantial reasons of the complaint and date of submission shall be specified. The complaint may be aimed as at imposition of disciplinary punishment as at its character and amount.

Article 60

         (1) If complaint against the decision on imposition of disciplinary punishment was filed within fixed period, authorized employee of the Prison Service is obliged to examine whether it has been proved that act, in which disciplinary trespass has been found, had really happened and whether it had been committed by concerned convict, as well as another significant circumstances. At the same time he or she shall examine whether disciplinary competence of the employee of the Prison Service who impose the disciplinary punishment has not been contravened.

         (2) The employee of the Prison Service who is authorized to make a decision on complaint against imposition of disciplinary punishment:

a)shallrefuse the complaint if it is filed belatedly due to the convict,

b)shallrefuse the complaint if commission of disciplinary trespass by the convict and his or her blame are proved and imposed disciplinary punishment is adequate to seriousness of committed trespass and is in harmony with the purpose of the imprisonment,

c) shall change the disciplinary punishment if commission of disciplinary trespass by the convict and his or her blame are proved but imposed disciplinary punishment is adequate to seriousness of committed trespass and is not in harmony with the purpose of the imprisonment; if authorized employee of the Prison Service changes character or amount of imposed disciplinary punishment, the newly imposed disciplinary punishment must always be more moderate than that punishment which was originally imposed,

d) shall cancel imposed disciplinary punishment if not all facts, that are significant for imposition of disciplinary punishment, are sufficiently clarified, or if current evidences are not sufficient for the decision to be made, and shall return the case to the employee of the Prison Service who imposed the disciplinary punishment so that he or she may conduct new disciplinary proceedings. Within the framework of new disciplinary proceedings it shall not be possible to impose more severe punishment than the previously imposed one; the convict has the right to file a complaint against new imposition of disciplinary punishment,

e)shallcancel imposed disciplinary punishment if it has not been proved that the convict committed the disciplinary trespass.

         (3) The decision on complaint against the decision on imposition of disciplinary punishment shall be justified by the employee of the Prison Service in writing on prescribed form.

Article 61

         When the decision on imposition of disciplinary punishment was changed or cancelled according to Article 60 Items c) and d), originally imposed disciplinary punishment shall be included into newly imposed disciplinary punishment, providing that its part has already been served. If such inclusion is not possible this fact shall be respected during determination on character and amount of newly imposed disciplinary punishment.

Execution of disciplinary punishments

Article 62

         (1) Warning shall be expressed orally to the convict, either individually or before the group of convicts.

         (2) Amount by which the pocket money is decreased shall be transferred to the bailment (deposit).

         (3) Only one package can be banned in the course of a calendar year.

         (4) Generally, disciplinary punishment of a fine up to 1 000 CZK may be imposed upon the convict for the sake of serious or repeated violation of fixed obligations. This punishment is mostly performed by means of transfer of concerned amount from financial source that the convict deposited in the prison while total sum of the deposit must not fall below amount that corresponds with supposed price of the fare to the place of residency and daily allowance at the time of release from the imprisonment. When the convict has not sufficient financial source or when after imposition of the fine the deposit balance would fall below amount that corresponds with supposed price of the fare to the place of residency and daily allowance at the time of release from the imprisonment, this kind of disciplinary punishment can not be imposed.

         (5) Thing on forfeiture of which was lawfully decided shall be send to financial department of district authority under jurisdiction of which the prison belongs, together with a copy of concerned decision.

Article 63

         (1) Closed unit is established in a part of the prison that is separated from space where convicts are accommodated. Space of closed unit has to be in compliance with corresponding hygienic regulations.

         (2) The convict upon whom disciplinary punishment of segregation in closed unit with the exception of accomplishing determined parts of the program of the treatment was imposed shall begin execution of this disciplinary punishment immediately after working hours, apparently afteranother activitiesof the program of the treatment, and shall stay there also during days of time off. At the admission to closed unit personal searching of the convict shall be accomplished.

         (3) Besides accomplishing determined parts of the program of the treatment, in the course of execution of disciplinary punishment of segregation in closed unit the convict has the right to attend recreation (outing) to the extent of one hour daily, providing that he or works in closed room. Convicts are not allowed to have battery operated radio while they are in closed unit. Convicts are allowed to take part in educational and special activities resulting from the program of the treatment.

Article 64

         At the admission to execution of disciplinary punishment of all-day placement into closed unit personal searching of the convict shall be accomplished. Visits shall be performed separately from the other visits under supervision of a member of the prison staff, mostly in the room where a visitor is separated from the convict by the barrier. When the convict receives a package to which he or she has the right, this package shall be given to him orherafter the disciplinary punishment is served. The convict has the right to attend recreation (outing) to the extent of one hour daily. He or she may be put into the cell alone only in case when there are serious reasons for this or when there are not at least two convicts serving disciplinary punishment at the moment. The convict shall be allowed to participate in activities oftherapeutic oradvisory group to which he or she has been assigned.

Article 65

         Disciplinary punishment of isolation shall be served in a cell that has been specified for that purpose; only one convict shall be placed into the cell. The convict has the right to attend recreation (outing) to the extent of one hour daily.

Article 66

         (1) Execution of disciplinary punishment of segregation in closed unit with the exception of accomplishing determined parts of the program of the treatment, of all-day placement into closed unit and of isolation shall always be postponed or suspended for the time of transfer outside the prison, execution of more severe disciplinary punishment that was imposed for newly committed disciplinary punishment and for the time of incapacity for work of the convict, unless the doctor sets otherwise.

         (2) As soon as the reason for the sake of which execution of disciplinary punishment was postponed or suspended the convict has to serve disciplinary punishment or its rest, eventually even in another prison.

Remission of disciplinary punishment, abandonment from the rest of disciplinary punishment and obliteration of disciplinary punishment

Article 67

         On remission of disciplinary punishment or on abandonment from the rest disciplinary punishment or obliteration of disciplinary punishment the employee of the Prison Service, who made decision on it, shall make a record on prescribed form.

Article 68

         When the disciplinary punishment has been obliterated it shall not be possible to mention it in any assessment of the convict and it shall not be possible to take it into account during any decision making process that concerns the convict.

Article 69

Forfeiture of a thing

         (1) Head of the department of imprisonment (the department of pre-trial detention and imprisonment) and the director of the prison are authorized to make a decision on forfeiture of a thing.

         (2) The director of the prison decides on complaint against forfeiture of a thing. If the director of the prison decided on forfeiture of a thing, then the Director General of the Prison Service shall make decision on such complaint.

         (3) Verdict of decision on forfeiture of a thing shallincludesalso exact description of confiscated thing and identification of an owner of a thin, as far as he or she is known. In grounds of the decision it is necessary to specify merits of the case that give reasons to use legal provisions on forfeiture of a thing (Article 50 of the Act). Instruction on legal remedy shall always be a part of the decision on forfeiture of a thing.

         (4) Thing on forfeiture of which was legitimately decided shall be, together with a copy of the decision, forwarded to financial department of district authority within the jurisdiction of which the prison is.

Article 70

Disciplinary settlement of another anti-social acts

         Trespasses that were committed prior to the imprisonment can not be settled by means of imposition of disciplinary punishment in the course of the imprisonment.

CHAPTER VII

PARTICIPATION OF NON-GOVERNMENTAL SUBJECTS IN ACCOMPLISHING PURPOSE OF THE IMPRISONMENT

Participation of churches and religious societies

Article 71

         Registered churches and religious societies may participate in accomplishing purpose of the imprisonment through provision of spiritual services, above all through:

a)organizing religious services for convicts interested,

b)individual interviews, pastoral visits and through enabling individual approach to religious acts,

c)organizing study lessons dealing with interpretation of religious texts (biblical lessons),

d)provision of spiritual and religious literature,

e)organizing lectures and discussions, above all on ethic themes, eventually concerts of musical groups and soloists,

f)participation in application of special educational activities of interest within the framework of programs of the treatment (Article 36 Items 5 and 6),

g)participation in preparation of convict for release and in social work with convicts,

h)anothersuitable forms that contribute to accomplishing the purpose of the imprisonment.

Article 72

         (1) After agreement with accredited persons the prison shall provide suitable space and conditions for religious services and for individual spiritual services.

         (2) After the consent of the doctor accredited person is authorized to visit convicts placed in bed unit of medical facilities of the Prison Service; such consent is not necessary when life of the convict is endangered.

         (3) The convict who serves his or her disciplinary punishment in closed unit or in segregation shall be enabled on the basis of his or her own demand to receive individual religious or spiritual service.

         (4) Convicts are in suitable form informed on possibility to visit religious services and on possibilities of individual religious or spiritual services.

         (5) If the convict asks for religious or spiritual service accredited person shall be without any delay informed on this requirement.

Article 73

         (1) Accredited person may ask the prison for a report on behaviour of the convict to consult his or her personal file; the prison shall satisfy such requirement providing that the convict gives his or her consent to do this.

         (2) Churches or religious societies that resides within the territory of convict’s place or that have relation to the convict may ask for filing a report on convict’sbehaviour ,including announcement on coming release; the prison shall satisfy such requirement providing that the convict gives his or her consent to do this.

Participation of civic groups of interest and non-governmental organizations

Article 74

         Civic groups of interest and non-governmental organizations acting in compliance with legal regulations may participate in accomplishing of the purpose of the imprisonment, above all through following forms:

a)individual visits of convicts,

b)organizing lectures and discussions, eventually concerts of musical groups and soloists,

c)participation in application of special educational activities of interest within the framework of programs of the treatment (Article 36 Items 5 and 6),

d)participationin preparation of convict for release and in social work with convicts.

Article 75

         (1) Visits of convicts (Article 74 Item a)) shall be accomplished without the framework of working hours and within the term laid down by the director of the prison and shall not be included amongst visits of close persons.

         (2) In case of provision of information to civic groups of interest and non-governmental organizations provisions of Article 73 shall accordingly be applied.

 SECTION II

THE IMPRISONMENT OF CERTAIN GROUPS OF CONVICTS

CHAPTER I

GENERAL PROVISIONS

Article 76

         Unless this partlaysdown otherwise, previous provisions of this Decree shall be applied on imprisonment of certain groups of convicts.

CHAPTER II

THE IMPRISONMENT IN PRISON FOR LOCAL IMPRISONMENT

Article 77

         (1) Convictareallowed to move without restrictions in the territory of the prison, housing units are not locked with the exception of time that is supposed to sleep. During their absence convicts may lock their dormitories according to their consideration.

         (2) Convicts are accommodated in dormitories the equipment of which does not differ from equipment of regular boarding schools.

Article 78

         (1) Generally, convicts work at workplaces outside the prison without direct supervision of employees of the Prison Service.

         (2) Without the framework of working hours convicts are enabled to leave the prison for the purpose of participation in educational, cultural and sport activities and in religious services.

         (3) For the purposes hereinbefore mentioned in Items 1 and 2, permits where permitted territory and time are marked shall be granted to convicts.

Article 79

         Convicts may keep their own clothing and use it according to their consideration without the framework of working hours.

Article 80

         As for the extent of TV relations that convicts may watch without the framework of working hours, there is no limitation.

Article 81

         Purchase of things of personal need is accomplished by means of credit-card shopping.

CHAPTER III

THE IMPRISONMENT OF JUVENILES

General provisions

Article 82

         (1) To reduce negative effects of isolation of juveniles from community that result from the imprisonment individual methods of treatment are applied to a larger extent. They are focused on development ofrational ,emotional and social maturity of juveniles. Emphasised is acceptance of personal responsibility for committed offence, strengthening of independent solution of situations of life, suppression and management of aggressive reactions and misbehaviour- Education and working activities are focused on obtaining knowledge and skills that may facilitate reintegration of a juvenile to employment after his or her return back to community. Juveniles are lead to such leisure time activities that correspond with their developmental requirements and are not at variance with common social usage.

         (2) Administration of the prison shall forward a message on behaviour or health condition of the juvenile to his or her parents respectively to his or her legal representatives, even without application of these persons, when it considers this as significant for keeping or improving contacts of the juvenile with these persons.

         (3) As far as material and hygienic conditions in the prison enable, juveniles are allowed to wash and iron their personal clothes during personal free time and to prepare breakfast and dinner from foodstuffs supplied by the prison during time off.

Article 83

         (1) In prisons for juveniles convicts are classified into four basic differentiating groups according to their personal characteristic.

         (2) Into basic group A are classified convicts with basic characteristic within normal behavioural disorders of which result from inconvenient social environment, emotional and social immaturity, eventually from mistreatment.

         (3) Into basic group B are classified convicts with indicated disharmony of development of personality.

         (4) Into basic group C are classified convicts with behavioural disorders, includingbehavioural disorders that hasbeen caused by misusing toxic substances, who need special treatment in the course of the imprisonment.

         (5) Into basic group D mentally retarded convicts are classified.

         (6) The director of the prison shall make a decision on classification of a juvenile convict according to recommendation of specialists (Article 8 Item 1).

Article 84

         (1) Generally, basic groups of internal differentiation are subdivided into three additional promotional groups. Juvenile convicts are classified into these subgroups according to their behaviour, acting and attitudes to their offence and imprisonment.

         (2) Into first promotional group are classified convicts who mostly actively accomplish the program of the treatment andanother commitmentsand behave and act in compliance with Internal Regulations.

         (3) Into second promotional group are classified convicts with uncertain and oscillating attitude and approach to the program of the treatment and toanother commitments.

         (4) Into third promotional group are classified convicts who mostly:

a)passivelyaccomplish the program of the treatment or refuse it,

b)donot meet their commitments,

c)behaveand act in contradiction with the Internal Regulations.

         (5) Head of department of the imprisonment (department of pre-trial detention and imprisonment) shall make a decision on classification of a juvenile convict into a promotional group according to recommendation of special pedagogue, mostly during assessment of achievements of the program of the treatment.

Article 85

         (1) Basic differentiating groupsdiffereach other by their contents and methods of the treatment that correspond with needs of desirable change of juvenile's personality. Education and suitable form of social training is a part of programs of the treatment with convicts in each of four basic differentiating groups.

         (2) Promotional groups of internal differentiation build compact system of positive motivation of juvenile convicts. There are laid down more detailed conditions of internal differentiation in the Internal regulations so that the convict may have a possibility to be classified into various groups according to changes within his or her approach to the program of the treatment, achievements, meeting his or her commitments, behaviour and acting, and thus be in compliance with Internal Regulation.

Article 86

Visits of juveniles

         (1) Juveniles may be dressed in their own clothes during the visit.

         (2) Visitors are allowed to participate in cultural and sport activities organized by juveniles as well as they may visit parts of the prison which are used by juveniles, including workshops.

         (3) Following a suggestion of an educator the director of the prison may allow the juvenile to leave the prison in connection with the visit up to a period of 24 hours. On permission to leave temporary the prison a certificate on prescribed form shall be granted to the juvenile from which it is evident where and how long he or she may stay and which of close major persons will be in attendance. This certificate shall be signed by the juvenile and by close major person.

Article 87

Ensuring the execution of protective or institutional education

         The administration of the prison shall inform concerned educational facility on coming release of a juvenile on whom protective or institutional education was imposed.

Article 88

Interruption of the imprisonment

         During the decision making process the director of the prison generally cares so that attendance of the juvenile from the prison to the place of interruption of the imprisonment and back is provided.

CHAPTER IV

THE IMPRISONMENT OF FEMALE CONVICTS

Article 89

         (1) In principle The Internal Regulations and methods of the treatment with female convicts respect psychical and physiologicalspecifitiesof women as well as special needs of pregnant women, women who are shortly after delivery and nursing mothers.

         (2) In dormitories of female convicts conditions are created for washing of personal underwear, making everyday maintenance of personal belongings and for daily access to bathroom.

Article 90

          (1) Female convicts are allowed to use their own cosmetics to take care of their image. Hair dresses are not restricted anyway and female convicts maypossesnecessary requisites.

         (2) In prisons with supervision and enhanced supervision female convicts are allowed to wear their own clothing and footwear according to their consideration without the framework of working hours, in prisons for juveniles, in prisons with guarding and enhanced guarding during visits.

Article 91

The imprisonment of mothers of children under age

         (1) During decision making process on permission to keep a child under age and take care of him or her the director of the prison shall take into account the fact whether the mother took proper care of the child or children before she was sentenced and whether she has possibility to take care of the child after she is released from the imprisonment.

         (2) Medical care of the child that the mother takes care in the prison shall be provided by the Prison Service, mostly according to a contract with relevant health facility.

CHAPTER V

THE IMPRISONMENT OF CONVICTS PERMANENTLY UNABLE TO WORK

Article 92

         Convicts who can not be permanently assigned to work serve their imprisonment always in special units of prisons that are established by the Director General of the Prison Service.

Article 93

         (1) The way how to secure order and security which are laid down for basic category of the prison into which convicts were classified according to Article 69 Item 1 shall remain unaffected.

         (2) Hereinafter laid down principles shall be followed in case of convicts who can not be permanently assigned to work:

a)if convicts classified into different basic categories of prisons are placed in specialized prison department they shall be accommodated separately according to basic categories of prisons so that less disordered convicts may serve their imprisonment separately from more disordered convicts,

b)convicts are lodged to cells and dormitories with respect to their health condition while non-smokers have to be accommodated at their own request separately from smokers,

c)at the request of attending doctor or at their own request convicts may take part in appropriate working therapy inside the prison, exceptionally even outside the prison,

d)number check-up is accomplished directly in cells and dormitories,

e)rehabilitative treatment shall be provided according to a decision and instructions of the doctor, as far as conditions in the prison allow this,

f)theprison offers convict participation in suitable cultural and educational activities and in activities of interest.

CHAPTER VI

THE IMPRISONMENT OF MENTALLY DISORDERED CONVICTS AND OF CONVICTS WITH BEHAVIOURAL DISORDERS

Article 94

         (1) Mentally disordered convicts and convicts behavioural disorders may serve their imprisonment in specialized units of prisons that have been established by the Director General of the Prison Service only upon the basis of a recommendation of a psychologist or a psychiatrist.

         (2) The way how to secure order and security which are laid down for basic category of the prison into which convicts were classified according to Article 70 shall remain unaffected.

         (3) Specialized units of the prison can not be established as units for collective imprisonment of convicts who were classified into different basic categories of prisons.

CHAPTER VII

THE EXECUTION OF LIFE SENTENCE

Article 95

         Convicts sentenced to a life sentence shall serve their imprisonment congenitally in specialized units of prisons that have been established by the Director General of the Prison Service.

Article 96

         (1) Within timelaiddown by the Internal Regulations convicts are allowed to visit clubrooms together with another lifers.

         (2) Convicts work at work sites inside specialized units or, respectively, they can do assigned jobs in cells.

         (3) Under reasonable circumstances convicts may be handcuffed during recreation (outing).

Article 97

         Visits of convicts are accomplished generally under supervision of a member of the Prison Service and visitors are separated from the convict with a pellucid barrier.

CHAPTER VIII

THE IMPRISONMENT OF FOREIGN CONVICTS

Article 98

         (1) During imprisonment of foreign convicts also requirements of their cultural and religious needs shall be respected by the prison as far as possible.

         (2) In the course of preparation of the program of the treatment for foreign convict it shall be respected whether concerned foreigner was also sentenced to deportation.

CHAPTER IX

THE EXECUTION OF PROTECTIVE MEDICAL TREATMENT DURING THE IMPRISONMENT

Article 99

         (1) Protective institutional medical treatment shall be executed in special units of prisons established by the Director General of the Prison Service.

         (2) The Internal Regulations as well as contents and methods of applied programs of the treatment respect in principle health condition of convicts and therapeutic regime of protective medical treatment.

Article 100

         (1) Protective medical treatment in non-resident form is provided by consultative clinics established in prisons by the Director General of the Prison Service.

         (2) During the decision making process on interruption of the imprisonment the director of the prison respects course of the execution of protective medical treatment.

PART 3

GENERAL PROVISIONS

Article 101

         The Decree of the Ministry of Justice of the Czech Republic No. 110/1994Sb. through which Regulations of the Imprisonment is issued, as amended by the decision of the Constitutional Court, shall be hereby nullified.

Article 102

This Decree shall enter into force onJanuary 1, 2000.

The Minister of Justice

[1]The Act No. 20/1966Sb. on care of public health, as last amended.