Enforcement of disciplinary punishments (5/004/2016)

5 September 2016
Legal basis: Chapter 15(18) of the Imprisonment Act and chapter 10(18) of the Remand Imprisonment Act
In force: from 15 September 2016 until further notice
Repeals: Regulation on the enforcement of disciplinary punishments 13/004/2010
For: Criminal Sanctions Agency

Enforcement of caution

A caution is enforced by announcing the decision in the presence of the prisoner or by giving the prisoner a copy of the record regarding the consideration of the disciplinary matter.

Enforcement of loss of rights

The duration of the enforcement is calculated in days so that the first day of loss of rights is the day when the disciplinary decision is given.

Restriction of participation in free time activities

The enforcement means that the prisoner is not allowed to participate in free time activities determined in the disciplinary decision. A prisoner’s right to attend religious events and exercise outdoors for at least one hour a day cannot be restricted.

Restriction of use of money or other means of payment

The enforcement happens so that the use of money and other means of payment provided in chapter 9, section 4 of the Imprisonment Act and chapter 5, section 4 of the Remand Imprisonment Act is restricted in part or in full. In such case, it is possible to restrict the prisoner’s right to procure foodstuff and other goods from the prison canteen, to procure utility articles and supplies outside the prison with the assistance of the prison, to spend money or use other means of payment coming from outside the prison, and to remit money and other means of payment via the prison outside the prison or to another prisoner.

Enforcement of solitary confinement

A prisoner, who is imposed solitary confinement as a disciplinary punishment, is segregated from other prisoners and placed in a room or cell meant for that purpose. The duration of the enforcement is calculated in days so that the first day of enforcement has passed when the prisoner has served 24 hours of the solitary confinement starting from the beginning of the enforcement. Provisions on the restrictions included in solitary confinement and the procedures linked to its enforcement are laid down in chapter 15, section 8 of the Imprisonment Act and chapter 10, section 8 of the Remand Imprisonment Act.

Before beginning the enforcement of solitary confinement, the prisoner has to go through a security check and change his or her clothing. A prisoner serving a solitary confinement has the right to possess a reasonable amount of books and magazines, stationery, necessary personal hygiene products, coffee, tea and sugar, as well as smoking accessories. Necessary caution has to be observed when giving lightning devices to the possession of a prisoner.

Outdoor exercise, washing and bathing in sauna can be arranged together with other prisoners serving a solitary confinement. The rooms used for solitary confinement have to be aired thoroughly every day and they have to be equipped with adequate heating and lighting.

A prisoner can be transferred to another unit of the region if the prison does not have facilities suitable for the enforcement of solitary confinement or for some other similar reason.

A prisoner serving a solitary confinement has to be monitored in accordance with the instructions of a public official in charge of security. In particular, it has be ensured that the mental and physical state of a prisoner placed in solitary confinement is monitored constantly.

The public official in charge of security has to make sure that a physician or another public official who is a member of the healthcare staff is notified of the placement of a prisoner in solitary confinement as well as the observed changes in the physical or mental state of the prisoner without delay.

If the enforcement of solitary confinement is seen to have a harmful effect on the health of the prisoner, the director decides on the discontinuation or delay of the enforcement. Solitary confinement can also be discontinued during Christmas, Easter, and Independence Day at the request of the prisoner.

The information regarding the enforcement of solitary confinement are recorded in the prisoner data system.

Director General of the Criminal Sanctions Agency Esa Vesterbacka

Lawyer Jani Kotoaro

Published 15.8.2018