Arrival check (6/004/2016)

REGULATION ISSUED BY THE CRIMINAL SANCTIONS AGENCY, record no. 6/004/2016
5 September 2016
Legal basis: Chapter 4(12) of the Imprisonment Act and chapter 2(6) of the Remand Imprisonment Act
In force: 15 September 2016 until further notice
Repeals: Regulation on the arrival check 16/004/2010
For: Criminal Sanctions Agency


General

A prisoner or remand prisoner arriving at the prison must go through an arrival check in the presence of a witness. The arrival check is done in that prison where the prisoner or remand prisoner arrives first. The arrival check includes a security check of the prisoner. Provisions on it are laid down in chapter 16(3) of the Imprisonment Act and chapter 11(3) of the Remand Imprisonment Act.


Verification and registration of the prisoner’s identity

When a sentenced person reports to the prison, the person’s identity has to be verified. If the sentenced person is not already known in the prison, the person has to prove his or her identity by presenting an identity card, a passport, a driving licence, a health insurance card with a photo, or other similar document that reliably verifies the identity. A bank card or a health insurance card without a photo by itself is not an adequate proof of identity.

The identifying characteristics of the sentenced person that are stated in the order to report to prison are checked and the other details of the order are verified by asking the sentenced person. The public official has to record in the order to report to prison how the identity was verified. The public official has to confirm the entry by his or her signature and add the date and time in the order to report to prison.

If the sentenced person does not have adequate proof of identity, the person has to be allowed at most a week to get the proof. In that case, the sentenced person is given a new date when to report again to the prison. The new date is recorded in the order to report to prison.

If the sentenced person does not have any identity card or the person’s identity cannot be adequately verified otherwise, the prison can use the available police data systems to the extent it is possible within the limits of the granted access right. The prison can also ask the police for executive assistance to identify the person.

If the person arrives at the prison after being committed by a court or apprehended by the police based on a warrant of apprehension, the person’s identity has to be still verified adequately.

A person is not admitted to the prison if the person’s identity cannot be verified adequately.
Information on the admission of a person to a prison has to be entered into the prisoner data system without delay.


Taking of personal identifying characteristics

The prison may take the prisoner's or remand prisoner’s personal identifying characteristics referred to in the Coercive Measures Act. According to the Coercive Measures Act, the personal identifying characteristics are fingerprints, handprints and footprints, handwriting and voice samples, photographs and information on identifying marks.

A prisoner or a remand prisoner is photographed when he or she arrives at the prison or is transferred to another prison. The photography falls under separate instructions. The photograph is stored on the prisoner data system. Information on identifying marks is recorded in the prisoner data system according to separate instructions.

If the prisoner’s appearance has changed, a new photograph has to be taken later during the sentence term or remand imprisonment and when the person is released from the prison. When a prisoner leaves the prison, for instance, on a permission of leave, the prison has to ensure that the photograph and identifying marks of the prisoner are up-to-date. If there are changes in the identifying marks, the information has to be updated immediately. On special grounds, the prison may also take other personal identifying characteristics defined in the Coercive Measures Act.


Inventory and inspection of the property brought by the prisoner

The inventory and inspection of the property brought by the prisoner are done in that prison where the prisoner or remand prisoner arrives first. The inventory of the property can also be done by another prison if the person is transferred to that prison immediately. In that case, the property is, however, inspected as well as packed and sealed for transportation.

The prisoner’s property that has been taken into possession has to be recorded in the prisoner’s inventory list regardless of the circumstances where the property is possessed. If a prison sends the prisoner’s property to the prisoner in a prison hospital or other hospital or institution, the prison has to record the sent property in the prisoner’s inventory list.

If some of the property is damaged when the prisoner arrives at the prison, it is recorded in the inventory list before transfer. Similarly, a particularly valuable property is recorded in the inventory without delay.

A separate regulation is issued on the storage, sending, destruction, and inventory of property.


Director General of the Criminal Sanctions Agency Esa Vesterbacka

Lawyer Jani Kotoaro

 
Published 11.7.2018