Vangistusseadus (VangS)

§ 1. Scope of application of Act

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

§ 1¹. Application of Administrative Procedure Act

(1) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided by this Act.

(2) Clause 1 of subsection 1 of § 31, subsection 2 of § 35 and clause 1 of subsection 3 of § 62 of the Administrative Procedure Act do not apply to the administrative proceedings prescribed in this Act and to the administrative proceedings prescribed on the basis of this Act.

(3) A minor or any other person with restricted active legal capacity may independently perform procedural acts in administrative procedure independently.

(4) All challenges and requests for commencement of administrative proceedings or in the course of administrative proceedings shall be submitted in writing, unless the minister in charge of the policy sector has permitted submission of oral requests by a regulation. Where secure technical capacities are available, a prison may allow the drafting and submission of challenges, requests and other communications in electronic form instead of written form. A challenge, request or other communication submitted in electronic form shall be confirmed electronically.

(4¹) The Ministry of Justice and Digital Affairs shall review the challenges filed against administrative acts issued or measures taken by a director of a prison. The prison service shall review challenges filed against administrative acts issued or measures taken by other persons working at the prison.

(5) Prisoners, detained persons or persons held in custody have the right to file complaints with an administrative court against administrative acts issued or measures taken by a prison on the bases and pursuant to the procedure provided for in the Code of Administrative Court Procedure, provided that the prisoner, detained person or person in held custody has previously filed a challenge to the prison service or the Ministry of Justice and Digital Affairs, and the prison service or the Ministry of Justice and Digital Affairs has rejected the challenge, satisfied the challenge in part, denied the challenge, or failed to adjudicate the challenge during the term.

(7) A challenge shall be resolved within 30 days as of the date of the forwarding of the challenge to the administrative authority which reviews the challenge.

(8) A prisoner, detained person or a person held in custody has the right of recourse to an administrative court for compensation for damage caused by a prison on the condition that the prisoner, detained person or person held in custody has previously submitted an application for compensation for damage pursuant to the procedure provided for in the State Liability Act to the prison, and the prison has returned the application, or refused to satisfy the application or review the application during the term.

(8¹) If a challenge or an application is rejected due to the reason that the person filing the challenge or application failed to eliminate the deficiencies in the challenge or application within the designated term, the prisoner, detained person or person held in custody has no right to file an application with an administrative court concerning the same object of the challenge proceedings or an application for compensation for damage.

(9) Challenges of houses of detention shall be resolved pursuant to the general procedure of administrative procedures.

(10) In the cases provided in this Act, a prisoner confirms the receipt of documents or examination thereof by a signature. Where secure technical capacities are available, a prison service may also allow a prisoner to confirm the receipt or examination of administrative acts and other documents electronically.

§ 2. Prisoner

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

§ 3. Detained person

(1) A detained person for the purposes of this Act is a person who is serving detention in a house of detention or a prison or a serviceman who is serving disciplinary detention.

(2) The provisions provided for detained persons and execution of detention apply with the specifications provided for in this Act to detained persons taken to a prison for up to 48 or persons subjected to compelled attendance, except for persons detained as suspects pursuant to § 217 of the Code of Criminal Procedure, and intoxicated persons taken to a prison to recover from intoxication pursuant to the Law Enforcement Act.

§ 4. Person in custody

(1) For the purposes of this Act, a person held in custody means a person who is taken into custody as a preventive measure and who is serving custody pending trial in a ward prescribed for custody pending trial in a closed prison or in a house of detention.

(2) The provisions provided for detained persons and custody pending trial are applied to detention of detained suspects taken to a prison pursuant to § 217 of the Code of Criminal Procedure with the specifications provided for in this Act.

§ 4¹. Respect of human dignity and compliance with rights

(1) Prisoners, detained persons or persons in custody are treated in a manner that respects their human dignity and ensures that their serving of the sentence or being held in custody does not cause them more suffering or inconvenience than that inevitable in association with detention in prisons or houses of detention.

(2) Liberties of prisoners, detained persons or persons in custody shall be subject to the restrictions provided by law. Unless the law provides a specific restriction, a prison, the Ministry of Justice and Digital Affairs or a house of detention may apply only such restrictions which are necessary for reasons of security of the prison or house of detention. The restrictions shall comply with their objective of application and the principles of human dignity and may not distort the nature of the other rights and liberties provided by law.

§ 5. Treatment plan

(1) A treatment plan determines the prisons competent to receive prisoners, detained persons or persons held in custody.

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

(3) A treatment plan shall be approved the minister in charge of the policy sector.

§ 5⁵. Automatic biometric authentication system database

(1) The automatic biometric authentication system database (hereinafter ABIS database) is an electronic database which objective, for the purposes of this Act, is to process the biometric data obtained upon fingerprinting and taking facial images of persons who are received into prisons for serving their sentences, for the purpose of their identification and for detection and prevention of offences.

(2) The provisions of § 15⁵ of the of the Identity Documents Act apply to processing of the data entered in the ABIS Database.

(3) The ABIS Database shall be established and the statutes thereof shall be approved by a regulation of the Government of the Republic.

(4) The data controllers of the ABIS database are the Police and Border Guard Board and the Estonian Forensic Science Institute.

(5) The statutes of the ABIS database provide the procedures for maintaining the ABIS database, including:

1) data providers and data received from them;

2) more detailed set of data;

3) data exchange between databases;

4) tasks of the data controller;

5) data processor and their tasks;

6) procedure for granting access to data and issue of data;

7) more specific time limits for retention of data;

8) other organisational issues.

(5¹) Data in the ABIS database are retained for a maximum of 75 years from their entry in the ABIS database. More precise time limits for retention of data are provided in the statutes of the ABIS database.

(6) The data contained in the ABIS database have restricted access and are classified as information intended for internal use.

§ 6. Objective of execution of imprisonment

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

(2) Imprisonment is executed in closed or open prisons.

§ 6¹. Right of victim to obtain information

(1) A victim has the right to request and obtain information from a prison about prisoners or probationers who have committed offences with regard to the victim if:

1) a restriction order has been imposed on the prisoner;

2) the prisoner has been convicted in the offences provided for in Chapter 9 or 11 of the Penal Code.

(2) A victim has the right to obtain information about commencement of serving of sentence and compliance with the obligations set out in the court decision and execution of imprisonment and probation, excluding sensitive personal data.

(3) The minister in charge of the policy sector may establish by a regulation a more detailed procedure for informing victims.

§ 7. Closed prisons

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

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

(3) A closed prison may have a ward in conformity with the requirements of § 9 of this Act where the general conditions of open prisons provided for in § 10 of this Act apply.

§ 8. General conditions in closed prisons

(1) Prisoners shall be permitted to move about within the territory of a closed prison at the locations and at the times provided in the internal rules and rules of procedure of a prison. Prisoners shall be separated in locked cells allocated to them from lights-out until wake-up and at other times provided in the internal rules and rules of procedure of the prison.

(2) In the case of justified need, the prison service may lock prison wards and cells or lodge prisoners temporarily in other rooms in a time other than prescribed in subsection 1 of this section if this is necessary for ensuring security in the prison or prevention of unlawful behaviour of a prisoner. Decisions concerning making of exceptions shall be made in writing.

§ 9. Open prisons

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

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

§ 10. General conditions in open prisons

(1) Prisoners are permitted to move about freely within the territory of an open prison from wake-up time until lights-out. With the permission of the prison service, prisoners are also permitted to move outside the territory of an open prison in connection with their studies, work or provision of health care services.

(2) From lights-out until wake-up, prisoners shall be separated in the rooms allocated to them which shall be locked, if necessary. With the permission of a prison service officer, prisoners shall be permitted to stay from lights-out until wake-up within or outside the territory of an open prison in connection with their work.

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

§ 11. Placement of prisoners to prison

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

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

(3) A prisoner may also be placed in a house of detention for conduct of pre-trial procedures or extra-judicial proceedings. A prisoner is returned from a house of detention to a prison as soon as possible.

§ 11¹. Prohibition of overcrowding

(1) The number of prisoners in a prison shall not exceed the maximum number of prisoners established for the prison by the minister in charge of the policy sector.

(2) Upon determination of the permitted maximum number of prisoners in a prison, the potential of a prison for organising the living conditions, work, study and leisure activities of prisoners shall be taken into account.

(3) The minister in charge of the policy sector shall determine the permitted maximum number of prisoners in a prison in a treatment plan.

§ 12. Requirement of segregation

(1) The following shall be segregated in prisons:

1) men and women;

2) minors and adults;

3) imprisoned persons and persons in custody;

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

6) detained persons;

7) intoxicated persons taken to recover from intoxication.

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

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

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

(5) Exceptions to the requirement for segregation specified in subsection 1 of this section may be made if this is necessary in connection with studies, work or other activities, or if segregation of a minor from adults is contrary to the interests of the minor.

§ 13. Basis for reception

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

§ 14. Reception of prisoners into prisons

(1) A prisoner and their personal belongings are to be searched on arrival at a prison. A prisoner is searched by a prison officer of the same sex as the prisoner. A prisoner is required to undergo medical examination by a health care professional.

(1¹) The objective of the medical examination of detained suspect who is a minor is to assess in particular his or her overall mental and physical condition. The findings of the examination shall be communicated to the body conducting the proceedings. If there are any new circumstances, an additional examination shall be conducted.

(1²) When a prisoner arrives at the prison, their risks are assessed in order to ensure the security and order of the prison and to organise the enforcement of the sentence.

(2) Not later than on the day following the prisoner's arrival in a prison, he or she shall meet a prison service officer who shall explain to the prisoner his or her rights and obligations as a prisoner. A prisoner shall be given written information concerning the Acts which regulate the execution of his or her imprisonment, the internal rules of the prison and the submission of complaints.

(3) A prisoners shall be placed in a reception ward. In the reception ward, the biographical data of a prisoner shall be verified, his or her socio-psychological prognosis shall be defined and other information necessary for the preparation of an individual treatment plan for the prisoner pursuant to § 16 of this Act shall be ascertained.

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

§ 15. Prisoners' personal effects and prohibited items

(1) The prison service shall deposit the personal effects which a prisoner has with him or her and his or her identity documents upon reception into a prison. The codes which enable digital use of the identity document or residence permit card of the prisoner shall be deposited at the request of the prisoner.

(2) Prisoners are prohibited to have substances and items, which:

1) endanger security of people;

2) are particularly suitable for damaging property;

3) may endanger the security or order in the prison;

4) are not in compliance with the objectives of execution of the imprisonment imposed as a punishment;

5) impede compliance with hygiene requirements by the prison to a significant extent; or

6) require the authorization of a prison service officer pursuant to subsection 2 of § 31 of this Act.

(3) The minister in charge of the policy sector establishes by a regulation a list of the items which are prohibited for prisoners in closed or open prisons, total weight of the items kept with them and in storage, and the procedure for storage of deposited items and identity documents.

(4) The prison service may additionally prohibit substances and items which are not included in the list of prohibited items but meet the requirements provided for in subsection 2 of this section.

§ 16. Individual treatment plan of prisoner

(1) For prisoners whose actual term of imprisonment exceeds one year, an individual treatment plan of a prisoner shall be prepared which prescribes:

1) the placement of the prisoner to a prison;

2) the transfer of the prisoner to an open prison or another closed prison;

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

4) the need to provide general education or vocational education or in-service training for the purpose of professional development to the prisoner;

5) the privileges granted to the prisoner;

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

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

(2) An individual treatment plan of a prisoner shall be discussed with the prisoner.

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

(4) An individual treatment plan of a prisoner is approved by a prison service officer.

(5) The instructions for preparation of individual treatment plans of prisoners and implementation thereof shall be established by the minister in charge of the policy sector.

§ 18. Photographing, fingerprinting of prisoner and taking their facial image, voice sample and DNA sample

(1) A person who is received into a prison for serving a sentence is fingerprinted and their DNA sample and, as appropriate, voice sample and, where a secure technical solution exists, a facial image is taken for the purpose of verifying the identity of the person, identification of the person, and detection and prevention of offences, unless these acts have been carried out during the custody pending trial or earlier in the course of criminal proceedings.

(2) A person who is received into a prison to serve a sentence and, where necessary, a person in custody is photographed for the purpose of verification of the identity and identification of the person. Photos of the prisoner are kept in the prisoners’ register.

(3) Friction ridge impressions and facial images of prisoners are entered in the ABIS database. The biographical data and the data on the facial image and taking of friction ridge impressions of a person are entered in the national offence proceedings biometrics database.

(4) The voice sample taken from a prisoner and the data obtained from the analysis of the DNA sample as well as the data on their taking and the biographical data of the person are entered in the national offence proceedings biometrics database.

(5) The procedure for fingerprinting and taking a facial image, voice sample and DNA sample in prison and transmitting these data to the ABIS database and the national offence proceedings biometrics database is established by an order of the minister in charge of the policy sector.

(6) A prison may, for the purpose of verifying the identity and identifying of a person for the purposes of § 15⁵ of the Identity Documents Act, upon reception to prison and release from prison, as well as in justified cases during the period of serving a sentence, process their identity data which are entered in the ABIS database and the national offence proceedings biometrics database.

(7) The procedure for processing data in prisons for the purpose of verifying the identity and identifying a person is established by an order of the minister in charge of the policy sector.

(8) A prisoner who refuses to be photographed, fingerprinted or who refuses to give of a facial image, voice sample, or DNA sample may be subjected to direct coercion.

§ 18¹. Certificate of imprisonment

(1) A prisoner has the right to apply for a certificate of imprisonment which shall be the identity document for the purposes of subsection 1 of § 2 and subsection 1 of § 4 of the Identity Documents Act.

(2) A prison shall issue the certificate specified in subsection 1 of this section to a person if the person does not have another valid identity document.

(3) A prisoner may prove the legality of his or her stay in the state and his or her identity in public law and private law relationships, including vital statistics acts and notarial acts, by a certificate of imprisonment.

(4) A certificate of imprisonment is valid until the person is released from prison. Upon release, the prison service withdraws the certificate from the person.

(5) Records shall be maintained on certificates of imprisonment issued.

(6) The format of certificates of imprisonment and the list of the data entered therein shall be established by a regulation of the minister in charge of the policy sector.

§ 19. Transfer of prisoners

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

(2) The minister in charge of the policy sector shall approve the procedure for transfer of prisoners.

§ 20. Transfer of prisoners to open prisons

(1) A prisoner may, with the prisoner’s consent, be transferred to an open prison where there are reasonable grounds to believe that they will not commit new offences and where:

1) the prisoner’s individual treatment plan shows that it is inexpedient to serve the sentence in a closed prison; or

2) the term of imprisonment to be actually served by the prisoner does not exceed one year or the unserved imprisonment does not exceed 18 months.

(2) Persons sentenced for life imprisonment may be placed in an open prison, if they have served at least 23 years of the term of the punishment.

(3) the minister in charge of the policy sector shall approve the procedure for the transfer of prisoners from closed prisons to open prisons.

§ 21. Transfer of prisoners to closed prisons

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

(2) The minister in charge of the policy sector shall approve the procedure for the transfer of prisoners from open prisons to closed prisons.

§ 22. Privileges

(1) A prison service officer may grant the following privileges to a prisoner with the consent of the prisoner:

1) work off-grounds under supervision;

2) unsupervised movement off-grounds relating to studies, work, participation in a social programme or undergoing treatment or for family reasons.

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

(2¹) The prison service may use electronic surveillance upon granting the privileges specified in subsection 1 of this section.

(3) A prisoner staying at an open prison may be allowed outside the prison for a short period of time in the cases not specified in subsection 1 of this section if the requirements specified in subsection 2 of this section are met.

(4) A prison may issue a mobile phone to a prisoner held in an open prison for use outside the prison, in respect of which the prison service has the right to collect and process the data provided for § 111¹ of the Electronic Communications Act, including the right to identify the location of the person in real time, for the purpose of protecting the rule of law and ensuring the security of the prison.

(5) The conditions and procedure for issue and use of mobile telephones is established by the minister in charge of the policy sector by a regulation.

§ 23. Objective of prisoners' contact with outside world

(1) A prisoner is permitted to receive at least one supervised visit per month from their family members and other people with regard to whose reputation the prison service has no reasoned doubts. Where secure technical capacities are available, the prison service may allow a short-term meeting via telecommunication.

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

§ 23¹. Application for authorisation to visit prisoner

To apply for an authorisation to visit a prisoner, a person provides the following data:

1) general data about the visitor;

2) data of the identity document of the visitor;

3) the name and surname of the person with whom the visit is requested;

4) the relationship of the visitor to the prisoner, for example a family member, friend, acquaintance, domestic partner;

5) where a child is also a visitor, their general data.

§ 24. Short-term visits to prisoners

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

(1¹) Authorisation for short-term visits shall be refused if:

1) the visits are not in compliance with the objectives of execution of the imprisonment;

2) the visits may endanger the security or order in the prison;

3) there is reason to doubt the reputation of the visitor; or

4) the visit may endanger the health and well-being of the visitor or the prisoner.

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

(4) The prison service allows a prisoner who is committed to a punishment cell to serve a disciplinary penalty to have short-term visits with family members.

(5) Where a short-term meeting is allowed via telecommunication based on this Act, the prison service has the right to request and process the following data in order to allow the meeting:

1) the internet address of the device used for the meeting;

2) the first name and surname, personal identification code or date of birth of the person attending the meeting, the authenticated user identifier, the time of authentication, and, in the case of authentication using mobile-ID, the mobile phone number;

3) the call identifier;

4) the time of the connection attempt;

5) the starting time of the connection;

6) the end time of the connection;

7) the duration of the connection;

8) in the case of connection failure or disconnection, the time and reason for this.

§ 25. Long-term visits to prisoners

(1) A prisoner is allowed to receive long-term visits from their spouse, registered partner, father, mother, grandfather, grandmother, child, grandchild, adoptive parent, adoptive child, step parent or foster parent, step child or foster child, brother or sister. Long-term visits from a cohabitee are allowed on the condition that they have common children or at least two years of cohabitation prior to commencement of serving the sentence.

(1¹) Authorisation for long-term visits shall be refused if:

1) the visits are not in compliance with the objectives of execution of the imprisonment;

2) the visits may endanger the security or order in the prison;

3) there is reason to doubt the reputation of the visitor; or

4) the visit may endanger the health and well-being of the visitor or the prisoner.

(2) A long-term visit means that a prisoner and a visitor are allowed to be together without constant supervision in prison premises designated for such purpose during a twenty-four hour period. Upon adjudicating an application for a long-term visit of a prisoner, a prison service officer may prolong, in justified cases, the long-term visit to the term of up to three days, provided that this is in compliance with the objectives of execution of imprisonment and the conduct of the prisoner has been good during the time of serving the sentence. The procedure and frequency of long-term visits and the list of items permitted on visits shall be provided for in the internal rules of the prison.

(3) Long-term visits are not granted to a prisoner in open prison.

(4) The costs of long-term visits shall be borne by the prisoner or the visitor. The costs shall include the costs incurred on the use of premises, alimentation and toiletries of the visitor.

(5) The rates of costs of long-term visits, the procedure for the calculation of and compensation for such costs shall be established by a regulation of the minister in charge of the policy sector.

§ 25¹. Restriction of right of contact with outside world and communication inside prison

(1) A security authority may restrict a prisoner's right of contact with the outside world prescribed in §§ 24 and 25 of this Act and also require restriction of freedom of movement and communication pursuant to clause 1 of subsection 2 of § 69 of this Act, if the prisoner has committed an offence against the state provided for in Chapter 15 of the Penal Code and there is reasonable doubt that contacts with the outside world or contacts inside prison with other prisoners may create a danger to the security of the state or that contacts with the outside world or contacts inside the prison with other prisoners may promote the commission of another criminal offence.

(2) In order to apply the restriction specified in subsection 1 of this section, the head of a security authority shall submit a reasoned written request to the chairman of the administrative court or an administrative judge appointed by the chairman for an authorisation to restrict the prisoner's right of contact with the outside world and communication inside the prison.

(3) The chairman of the administrative court or a judge appointed by the chairman shall immediately review a request and authorize by a ruling the restriction of the prisoner's right of contact with the outside world and communication inside the prison or refusal to grant such authorisation.

(4) The ruling shall be sent to the prison for immediate execution. A copy of the ruling shall be sent to the prisoner.

(5) A prisoner has the right to file an appeal against a ruling on restriction of contacts with the outside world and communication inside the prison made on the basis of this section with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure.

(6) An authorization for restriction of the prisoner's right of contact with the outside world and communication inside the prison is granted for the term of up to six months. This term may be extended at the request of the head of a security authority on the same grounds by up to two months at a time for a total of up to six years.

§ 26. Visits from criminal defence counsel, representative who is advocate, minister of religion, notary and consular officer of country of nationality to prisoners

(1) A prisoner has unrestricted right to receive visits from their criminal defence counsel, representative who is an advocate, minister of religion and a consular officer of their country of nationality, and with a notary for performance of a notarial act. Meetings take place undisturbed. Where there are secure technical capacities available, the prison service may allow the meeting to take place via telecommunication.

(2) A criminal defence counsel, a representative who is an advocate or a consular officer has the right to hand over materials necessary for the preparation of defence to a prisoner. It is prohibited to review the content of the written materials brought along by a criminal defence counsel, a representative who is an advocate or a consular officer.

§ 27. Surveillance of visits to prisoners

(1) Prison service officers have the right to search the person who is permitted to visit a prisoner, and the personal effects of the visitor. Search of the people specified in § 26 of this Act is only permitted upon reasonable doubt. The search shall be conducted by a prison service officer of the same sex as the visitor. Items the holding of which is prohibited in a prison shall be temporarily deposited by the prison service during the duration of the visit.

(1¹) Where a visitor brings medicinal products or medical equipment to a visit, a prison service officer has the right to request a document drawn up in the course of provision of a health care service which proves the need for their taking. Where necessary, it is allowed to take non-prescription medicinal products in reasonable quantities along as permitted by the prison service.

(2) Short-term visits to a prisoner are allowed under the supervision of a prison service officer. With the knowledge of the prison administration, an official of security authorities may be present at a short-term visit in addition to a prison service officer where the prisoner has committed an offence against the state provided in Chapter 15 of the Penal Code. Visits from a criminal defence counsel, representative who is an advocate, minister of religion, notary or consular officer of their countries of nationality are allowed within sight but not within hearing distance from prison service officers.

(3) A prison service officer has the right to immediately terminate a short-term visit where the visit may endanger the security or violate the internal rules of the prison or the visit may undermine the objective of the punishment or encourage the commission of a new criminal offence. A visit from a prisoner's criminal defence counsel may be interrupted in order to prevent transfer of an object or substance prohibited in prison and to protect the life and health of the person.

(4) An official of a security authority has the right to immediately terminate a short-term visit if the visit may endanger the security of the state or promote the commission of another criminal offence. It is not permitted to terminate visits from a criminal defence counsel.

(5) If a prisoner does not agree with the termination of the visit by an official of a security authority, the prisoner has the right to file a written challenge with the security authority pursuant to the procedure provided for in the Administrative Procedure Act or an appeal with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure.

§ 28. Correspondence and telephone calls

(1) A prisoner has the right to correspondence and to use a phone, except for a mobile phone, provided that there are secure technical conditions for this and this Act does not provide otherwise. The detailed requirements for correspondence and the use of a phone are established by the minister is charge of the policy sector by a regulation.

(2) Any costs relating to a prisoner's correspondence and use of phone are borne by the prisoner. Letters addressed to the Chancellor of Justice, the prison, the Office of the President, the prosecutor's office, the investigative body, the prison committee and the court are sent at the prison’s expense.

(3) A prison service officer may restrict the right provided for in subsection 1 of this section if such right endangers the security or violates the order of the prison or damages the objectives of execution of imprisonment. It is prohibited to restrict a prisoner's right of correspondence or use of telephone for communication with state agencies, local governments or their officials or with the prisoner's criminal defence counsel or a representative who is an advocate.

(4) The prison service may additionally prohibit to receive items by means of correspondence on the bases provided for in subsection 2 of § 15 of this Act.

§ 28¹. Prisoner’s parcels

(1) A prisoner is allowed to receive and send parcels. The contents of the parcel is checked by the prison service in the presence of the prisoner before it is handed over to the prisoner. Sending of a parcel to a prisoner is only allowed where a digitally signed notification is sent to the prison beforehand or where the parcel is brought to the prison in person.

(2) The exact procedure for receiving and sending packages, the list of items and substances allowed in a package, as well as the procedure for taking away, returning and destroying prohibited items is established in the internal rules of the prison.

(3) The prison service may additionally authorise items and substances which are not included in the list of items and substances authorised in a package, but which are expedient to be given to the prisoner and which do not endanger the security of the prison.

(4) A prisoner is not allowed to send parcels to another prisoner.

§ 29. Surveillance of correspondence and telephone calls

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

(2) The content of the correspondence and messages forwarded by telephone by or to a prisoner may be examined on the bases and pursuant to the procedure provided for in Chapter 3¹ of the Code of Criminal Procedure and Subchapter 3¹ of Chapter 2 of this Act.

(2¹) The prison service shall verify with whom the prisoner communicates by telephone or corresponds. In the case of telephone calls, the prison service has the right to register the given name and surname of the person or the name of the institution to whom the prisoner makes the telephone call, the telephone number, time and duration of the call. In the case of correspondence, the prison service has the right to register the given name and surname of the addressee or the name and address of the institution to whom the prisoner writes and the date of mailing the letter.

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

1) the forwarding of the letter endangers the objectives of execution of imprisonment or the security or violates the order of the prison;

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

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

4) the letter is enciphered or illegible.

(4) It is prohibited to check a prisoner’s letters and telephone calls to a criminal defence counsel, representative who is an advocate, the prosecutor’s office, court, the Chancellor of Justice or the Ministry of Justice and Digital Affairs.

(5) It is prohibited to refuse to forward a prisoner's letters to state agencies, local governments and the officials thereof, to criminal defence counsels and representatives who are advocates and consular officers of prisoner's country of nationality.

§ 30. Newspapers and periodicals

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

(2) A prisoner is permitted to subscribe, through the mediation of the prison service or a consular officer of their country, for a reasonable number of newspapers, periodicals and other pieces of literature out of their personal resources, unless the subscription endangers the objectives of execution of imprisonment or the security or violates the order of the prison.

§ 31. Radio and television

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

(2) With the permission of a prison service officer, a prisoner shall be allowed to possess a personal radio, television set other necessary electrical equipment, unless the use of such item violates the internal rules or order of the prison or disturbs other people and the prisoner has no such disciplinary punishment in force which was imposed on him or her for the violation of the requirements for the use of a personal radio, television set or other necessary electrical equipment.

(3) A prisoner shall bear the costs related to the use of electrical equipment specified in subsection 2 of this section. The duration of the accounting period of the costs related to the use of the electrical equipment shall be one month and the capacity of the electrical equipment shall constitute the basis for the calculation of the costs.

(4) The rates of costs related to the use of the electrical equipment specified in subsection 2 of this section, the procedure for the calculation of and compensation for such costs shall be established by a regulation of the minister in charge of the policy sector.

§ 31¹. Use of Internet

(1) A prisoner is not permitted to use the Internet, except for the purpose of accessing a website on devices adapted for that purpose by the prison service, and for the purpose of using a service or other Internet solution required by the prisoner in accordance with the purposes of this Act, provided that the prisoner has secure technical capacities and is under supervision.

(2) The list of websites specified in subsection 1 of this section and the conditions, procedure and security requirements for the use of the necessary services and Internet solutions made available to a prisoner via the Internet is established by a regulation of the minister in charge of the policy sector.

(3) In order to ensure the right of a prisoner provided in this section, the prison service has the right to process their facial image or fingerprint data with the consent of the prisoner. In the case of a refusal by the prisoner to allow the processing of the personal data referred to above, the prisoner is authenticated by an official of the prison service.

§ 32. Prison leave

(1) A prison service officer may grant permission for prison leave with the overall duration of twenty one calendar days annually to a prisoner who serves his or her sentence in a closed prison and who has served at least one year of the sentence.

(2) A prison service officer may grant permission for prison leave with the duration provided for in subsection 1 of this section to a prisoner who serves, for at least the second time, his or her sentence in the prison for an intentionally committed crime in the first degree and who has actually served at least half of the term of the imposed punishment.

(3) A prison service officer of an open prison may grant permission for prison leave with the duration provided for in subsection 1 of this section to a prisoner serving his or her sentence in the open prison, regardless of the duration of the time of the imprisonment the prisoner has already served.

(4) In deciding on the grant of permission for prison leave, a prison service officer shall take into consideration facts relating to the commission of the criminal offence, the fulfilment of his or her individual treatment plan and compatibility of the grant of the permission with the objectives of execution of imprisonment.

(4¹) A prison service officer may determine by a directive the places where a prisoner may or must stay during a leave, and the time periods during which the prisoner is required or not allowed to stay in the determined places, or the activities, which are excluded during the leave or which the prisoner is required to do. The prison service may apply electronic surveillance when authorizing a prison leave. When authorising a short-term prison leave, the prison may issue a mobile phone to the prisoner for use outside the prison, in respect of which the prison service has the right to collect and process the data provided in § 111¹ of the Electronic Communications Act, including to identify the location of the person in real time, for the purpose of protecting the rule of law and ensuring the security of the prison.

(4²) The conditions and procedure for the issue and use of mobile phones is established by the minister in charge of the policy sector by order.

(5) A prison service officer may grant permission to a prisoner for prison leave for up to seven days in the case of a terminal illness or death of the prisoner’s spouse, registered partner, father, mother, grandfather, grandmother, child, grandchild, adoptive parent, adoptive child, brother or sister, or in the case of any other family emergencies regardless of the restrictions provided in subsections 1 and 2 of this section. The duration of a prison leave granted in the case of a family emergency is not included in the calculation of the duration of the prison leave specified in subsections 1, 2 and 3 of this section.

(6) Prisoners serving a life sentence in a closed prison and prisoners who are likely to attempt escape shall not be granted permission for the prison leave specified in subsections 1, 2, 3 and 5 of this section.

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

(8) The minister in charge of the policy sector shall approve the procedure for the grant of prison leave.

§ 32¹. Prison leave certificate

(1) A prison leave certificate shall be issued to a prisoner for the period of prison leave and it shall be the identity document of the prisoner during prison leave for the purposes of subsection 1 of § 2 and subsection 1 of § 4 of the Identity Documents Act.

(2) When on prison leave, a prisoner may prove the legality of his or her stay in the country of nationality and his or her identity in public law or private law relationships, including vital statistics acts or notarial acts, by a prison leave certificate.

(3) A prison leave certificate is valid until the end of the period of prison leave indicated in the prison leave certificate. The prison service withdraws the prison leave certificate from a prisoner who returns from prison leave.

(3¹) The prison leave certificates issued upon granting the privilege specified in subsection 1 of § 22 of this Act may be reused, where this is reasonable having regard to the nature of the privilege granted. In this case, the prison service deposits the prison leave certificate upon return of the prisoner and gives it to the prisoner before the next prison leave.

(4) The format of prison leave certificates and the list of data entered therein shall be established by a regulation of the minister in charge of the policy sector.

§ 33. Prison leave under supervision

(1) A prison service officer may grant permission to a prisoner for prison leave under supervision of up to three days if it is not possible to grant prison leave to the prisoner arising from the objectives of execution of imprisonment. The prison service may apply electronic surveillance in addition to supervision in the case of prison leave under supervision.

(2) The prisoner bears the costs of a prison leave under supervision prior to the prison leave under supervision. As an exception, a prison service officer may authorise reimbursement for the costs after prison leave under supervision. Where a prisoner does not have the money to pay for prison leave under supervision, the costs of prison leave under supervision may be borne by the state.

(2¹) The rates of costs of prison leaves under supervision, the procedure for the calculation of and compensation for such costs shall be established by a regulation of the minister in charge of the policy sector.

(3) The time spent by a prisoner on prison leave under supervision shall be included in the duration of the prisoner's sentence.

§ 33¹. Inquiries to electronic communications undertakings

(1) The Prison Department of the Ministry of Justice and Digital Affairs and the prison may make enquiries to electronic communications undertakings on the basis specified in clauses 1 and 2 of subsection 1 of § 126² of the Code of Criminal Procedure and with regard to the persons specified in clauses 1 and 2 of subsection 3 of § 126² of the Code of Criminal Procedure for obtaining the following data:

1) the data required for the identification of an end-user related to the identification tokens used in the electronic communications network, except the data relating to the fact of transmission of messages;

2) to electronic communications undertakings, the data specified in subsections 2 and 3 of § 111¹ of the Electronic Communications Act and not specified in clause 1 of this section.

(2) The prosecutor's office shall grant permission for making the inquiry specified in clause 2 of subsection 1 of this section. The permission to make inquiries shall set out the dates of the period of time about which the requesting of data is permitted.

§ 33³. Secret co-operation and covert measures

(1) The Prison Department of the Ministry of Justice and Digital Affairs and a prison have the right to recruit persons for secret co-operation and use undercover agents in order to conduct surveillance activities, ensure the conducting thereof or collection of information and to use covert measures on the terms and conditions provided for in the Police and Border Guard Act.

(2) The head of the Prisons Department of the Ministry of Justice and Digital Affairs or a prison or an official authorised by him or her shall authorize the recruitment of a person.

(3) The head of the Prisons Department of the Ministry of Justice and Digital Affairs or a prison shall authorize the use of an undercover agent.

(4) The documents necessary for using covert measures are issued and the necessary amendments in databases and registries are made, at a reasoned request of the head of the Prisons Department of the Ministry of Justice and Digital Affairs or a prison or an official authorized by him or her, by an administrative authority or a legal person into whose competence the issue of corresponding type of documents or making of amendments in the database or register falls.

§ 34. Opportunity to acquire education

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

(2) The provision of education in prisons shall be organised pursuant to the Republic of Estonia Education Act, the Basic Schools and Upper Secondary Schools Act and the Vocational Educational Institutions Act and legislation issued on the basis thereof.

(3) The prison service shall ensure that general premises, classrooms and workshops necessary for the acquisition of general education, vocational education and in-service training for the purpose of professional development exist, as well as the possibility to receive practical training in the areas of specialisation taught in the prison.

(4) A prisoner who does not speak Estonian is given an opportunity to learn Estonian. Where the Estonian language instruction is not provided as prescribed in §§ 35 and 36 of this Act, the provision of the Estonian language instruction is organized and financed by the prison service.

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

(6) The prison service shall direct and encourage prisoners in the acquisition of education.

§ 34¹. Remuneration of studies of prisoner

(1) Remuneration for studies may be paid to adult prisoners.

(2) The form of study, participation in the studies and the efficiency thereof shall constitute the bases for remuneration of studies.

(3) The Government of the Republic shall establish by a regulation the rates of and procedure for calculation and payment of remuneration for studies to prisoners.

§ 35. Basic education and general secondary education

(1) Prisoners who have not acquired basic education shall be provided with the opportunity to acquire basic education on the basis of a corresponding national curriculum in the case when is prescribed in the individual treatment plan. If no individual treatment plan is prepared for a prisoner in accordance with subsection 1 of § 16 of this Act, the opportunity of the prisoner to acquire basic education shall be decided depending on his or her development needs.

(2) Prisoners who have acquired basic education shall be provided with the opportunity to acquire general secondary education on the basis of the national curriculum in the case this is prescribed in the individual treatment plan. If no individual treatment plan is prepared for a prisoner in accordance with subsection 1 of § 16 of this Act, the opportunity of the prisoner to acquire secondary education shall be decided depending on his or her development needs.

(3) A prisoner shall be ensured vocational training within the framework of elective subjects prescribed by the national curriculum for basic schools or upper secondary schools on the basis of the provisions of the Vocational Education Institutions Act.

(4) Prisoners may, at their request, be permitted to study at educational institutions located outside prisons. The minister in charge of the policy sector shall establish the procedure for the application for permission and the grant thereof.

(5) The provisions of § 22 of this Act shall apply to prisoners who are granted permission to study outside prisons.

(6) Educational institutions providing basic and general secondary education within the territory of a prison shall be state schools, municipal schools or their structural units operating in the prison, financed out of allocations from the state budget on the bases and pursuant to the procedure provided by the Basic Schools and Upper Secondary Schools Act. The costs related to the furnishing, repairs and operation of the premises of which educational institutions are granted use shall be covered from the budget of the prison.

§ 36. Vocational education

(1) Prisoners shall be provided with the opportunity to acquire vocational education and participate in in-service training for the purpose of professional development in the case this is prescribed in the individual treatment plan. Areas of specialisation which are in higher demand in society shall be preferred upon providing vocational education to prisoners. If no individual treatment plan is prepared for a prisoner in accordance with subsection 1 of § 16 of this Act, the opportunity of the prisoner to acquire vocational education and participate in-service training for the purpose of professional development shall be decided depending on his or her development needs.

(2) Educational institutions providing vocational education within the territory of a prison shall be state or municipal schools or their structural units operating in the prison, financed out of allocations from the state budget on the bases and pursuant to the procedure provided by the Vocational Education Institutions Act. The costs related to the furnishing, repairs and operation of the premises of which educational institutions are granted use shall be covered from the budget of the prison.

§ 37. Mandatory work

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

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

1) prisoners of more than sixty-three years of age;

2) prisoners who are acquiring general or vocational education or participating in in-service training for the purpose of professional development;

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

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

(3) The health care worker determines the prisoner's ability to work.

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

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

§ 38. Providing prisoners with work in prison

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

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

(2¹) If it is possible to employ a prisoner, the prison service shall employ the prisoner.

(2²) A prisoner may be suspended from work or released from mandatory work if the prisoner is unable to perform the mandatory work or if the working endangers the security of the prisoner or the prison or if the working poses a threat to the discipline in the prison. The minister in charge of the policy sector shall establish by a regulation the procedure for employment of prisoners, suspension and release of prisoners from work.

(3) In order to ensure prisoners with work, permission to build plants may be also granted within the territory of a prison to natural persons or companies if such persons or companies enter into a respective contract with the state or a legal person in private law carrying out administrative duties of the state. The minister in charge of the policy sector shall establish the requirements for such contracts.

§ 39. Working conditions in prison

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

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

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

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

§ 41. Work outside prison

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

(1¹) The specific conditions and procedure for granting permission to prisoners for working outside a prison and the procedure for prisoners' working outside a prison shall be established by a regulation of the minister in charge of the policy sector.

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

(2¹) If a prisoner works outside prison without supervision on temporary basis on a paid work which does not require professional, special or occupational preparation, payment of his or her wages shall be governed by § 43 of this Act.

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

§ 42. Release from mandatory work

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

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

§ 43. Remuneration of work of prisoners

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

(2) Remuneration of a prisoner shall be at least 10 per cent of the minimum wage rate established on the basis of subsection 5 of § 29 of the Employment Contracts Act. The remuneration of a prisoner shall be calculated on the basis of the specific character of the work and the amount of time that the prisoner worked. The Government of the Republic shall establish the rate of and procedure for calculation and payment of remuneration of prisoners.

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

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

§ 44. Personal account

(1) The prison service shall transfer the wages of a prisoner and other funds paid to the prisoner to the internal personal account of the prisoner.

(2) Of the funds transferred to the personal account of a prisoner, 50 per cent is reserved for the satisfaction of financial claims, 20 per cent is deposited as a savings fund to be handed over to the prisoner on release, and the rest of the funds are reserved for the use of the prisoner inside the prison in accordance with the rules provided in the internal rules of the prison. Where there are no financial claims against the prisoner or where they amount to less than 50 per cent of the amount transferred to the personal account, these amounts are also deposited respectively in full or the remaining part as a savings fund to be handed over to the prisoner on release.

(3) The savings fund shall be deposited in the amount equal to three times the minimum monthly wages established by the Government of the Republic.

(4) At the request of the prisoner, the savings fund may be deposited in an amount exceeding the amount provided in subsection 3 of this section and the funds reserved for the use of the prisoner inside the prison may be used for the satisfaction of financial claims, sent to their family members or dependants, transferred to their bank account, or used for other purposes that are not contrary to the law or do not endanger the security of the prison. The prisoner does not have the right to request the return of the amount paid into the savings fund to their personal account within the prison.

§ 44¹. Accounting system of financial resources of prisoners

(1) The accounting system of financial resources of prisoners (hereinafter database) is a database belonging to the state information system kept for accounting of the financial resources of persons imprisoned and in custody pending trial, the objective of which is:

1) to provide an overview of the amounts received on the personal accounts of prisoners and persons held in custody;

2) to keep account of fulfilment of claims filed against prisoners and persons held in custody;

3) to enable the systematic processing of data for research and statistical reviews, policy development, analysis of the internal work organisation of prisons and detention houses for and decision-making;

4) to enable electronic forwarding of data and documents.

(2) The following information shall be entered in the database:

1) information concerning wages and other income transferred to personal accounts;

2) information concerning amounts deducted from personal accounts and fulfilment of claims;

3) information concerning shopping and other services consumed in prison.

(3) The database and its statutes shall be established by the minister in charge of the policy sector.

(4) The chief processor of the database is the Ministry of Justice and Digital Affairs. The authorised processors of the database are the prisons and other agencies or persons specified in the statutes of the database.

§ 45. Cell of prisoner

(1) The cell of a prisoner shall meet the general requirements established for dwellings on the basis of the Building Code which ensures the air flow and circulation, light and temperature in the cell which is necessary for living. A cell must have a window and artificial lighting which ensures sufficient lighting of the room. The minister in charge of the policy sector shall establish the size of cells and the list of the items belonging to the furnishings of the cell in internal rules of prisons.

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

(3) The prison service has the right to record calls made through the cell terminal in a prisoner's cell and to use the information obtained to ensure the rights of the prisoner, to carry out service supervision and to conduct disciplinary and offence proceedings. Individuals will be informed of the recording of calls from the cell terminals. The recordings are information intended for internal use. The recordings are retained until no longer needed, but for no longer than one year.

§ 46. Clothing of prisoners

(1) Subject to this Act or a regulation of the minister in charge of the policy sector referred to in subsection 3, a prisoner wears prison clothing. A prisoner is required to wear a name tag attached to their clothing.

(1¹) An officer of the prison service may allow a prisoner to wear personal clothing outside the territory of the prison where the prisoner ensures, at their own expense, the cleaning, upkeep and regular replacement of the clothing.

(2) A prisoner wears personal clothing in an open prison and the prisoner ensures the cleaning, keeping in order and regular change thereof at his or her own expense. If a prisoner does not have suitable personal clothing, the prison service shall provide the prisoner with prison clothing.

(3) The description of prison clothing and the procedure and conditions for wearing it are established by the minister in charge of the policy sector by a regulation.

§ 47. Provision of food for prisoners

(1) The feeding of prisoners is organised in accordance with the requirements provided in § 22 of the Public Health Act and established on the basis of it and the rules of the prison and in accordance with the general nutrition practices.

(2) The person in charge of catering supervises the preparation of the food plan and catering in the prison.

(3) A prisoner is ensured with dietetic food as prescribed by a health care professional. As far as possible, a prisoner is permitted to observe the dietary habits of their religion.

§ 49. Organisation of health care in prisons

(1) Health care in prisons constitutes a part of the national health care system. Health care in prisons is financed within the limits of the possibilities of the state budget on the basis of the Health Services Organisation Act, taking into consideration the special rules provided in this Act.

(3) Provision of health care services to a prisoner, detained person or person held in custody (hereinafter person detained in prison) is organized by the Health Insurance Fund.

(4) The terms and procedure for the organization of the provision of health care services are established by a regulation of the Government of the Republic.

(5) The prison service ensures the availability on the territory of the prison of the necessary premises for the provision of health care services in accordance with the requirements provided in the Health Services Organisation Act.

(6) The prison service responds to a request of a person detained in prison concerning the provision of health care services to them and the organization of the provision of services established in accordance with subsection 1¹ of § 52 of this Act, involving a health care service provider and, where necessary, the Health Insurance Fund.

§ 50. Personal hygiene of prisoners

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

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

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

§ 51. Imposition of coercion in personal hygiene

The prison service may impose direct coercion to ensure compliance with hygiene requirements where a prisoner fails to take care of their personal hygiene to a necessary extent and this has brought about actual danger to their health or to the health of other prisoners. Imposition of direct coercion must not endanger the life or damage the health of the prisoner.

§ 52. Provision of health care services in prisons

(1) Health care services in prisons are provided by a health care provider in accordance with the provisions of the Health Care Services Organisation Act regulating the provision of specialised medical care.

(1¹) The conditions and procedure for the provision of health care services financed within the limits of the possibilities of the state budget to a person detained in prison, as well as the activities included in health care services, are established by a regulation of the Government of the Republic.

(2) A health care professional is required to supervise the state of health of a prisoner on a constant basis, treat them in prison to the extent possible and, where necessary, refer them to treatment at a relevant provider of specialised medical care, and perform other functions assigned to them.

§ 53. Treatment of prisoners

(1) The availability of emergency care twenty-four hours a day shall be guaranteed to prisoners.

(2) A prisoners who needs treatment which cannot be provided in prison is referred by a health care professional to treatment at a relevant provider of specialised medical care. The prison service ensures the guard of a prisoner during the provision of health care services.

(3) The time during which a prisoner is provided with health care services shall be included in the prisoner's sentence.

(4) In the case of a person detained in prison who has committed intentional self-injury, the Health Insurance Fund has a right of recourse for recovery of any amounts spent on health care services.

§ 54. Special conditions for women prisoners

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

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

§ 55. General physical condition of prisoners

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

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

§ 56. Informing of death or illness

Upon serious illness or the death of a prisoner, the prison service shall promptly inform the immediate family of the prisoner or any other person as designated by the prisoner. Upon death of a prisoner who is citizen of a foreign state, the prison service shall promptly inform the foreign mission of the country of nationality of the prisoner.

§ 57. Objective of social welfare

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

§ 59. Social welfare upon reception of prisoners into prisons

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

§ 60. Social welfare on release of prisoners

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

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

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

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

§ 61. Involvement of probation officers

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

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

§ 62. Religious assistance in prison

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

§ 63. Disciplinary penalties

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

1) reprimand;

11) prohibition of the use of a personal radio, television set or other necessary electrical equipment for up to 45 days;

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

3) removal from work for up to one month;

4) commission to a punishment cell for up to 14 twenty-four hour periods.

(2) A young prisoner may be committed to a punishment cell for up to 3 twenty-four hour periods.

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

(4) In the case of a serious violation of discipline, the prison service has the right to place the disciplinary offender in a separate cell prior to the termination of disciplinary proceedings.

§ 64. Disciplinary proceedings

(1) Disciplinary proceedings shall be conducted and the facts of disciplinary penalties shall be ascertained by the prison service.

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

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

(4) A disciplinary penalty shall be imposed by the prison service on the proposal of the officer who conducted the disciplinary proceeding. The imposition of a disciplinary penalty shall be effected in the form of a directive and it shall be substantiated. The directive by which a disciplinary penalty is imposed is delivered to a prisoner against a signature.

(4¹) A disciplinary penalty may be imposed within six months as of the date when an offence is committed, but not later than one month after the date of becoming aware of the offence. The term shall not include the time during which the prisoner is staying at a house of detention or hospital.

§ 65. Execution of disciplinary penalty

(1) A disciplinary penalty is, as a rule, enforced immediately. In the case of successive serving of a disciplinary punishment imposed to be served in a punishment cell, a reasonable period of time, which may not be less than 48 hours, must remain between the completion of the maximum number of consecutive punishment days and the continuation of the punishment.

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

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

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

(5) A disciplinary punishment shall expire within one year as of the imposition of the disciplinary punishment.

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

§ 65¹. Execution of disciplinary penalty in case of commission to punishment cell

(1) Punishment cells shall be in compliance with the conditions provided for in subsection 1 of § 45 of this Act and ensure constant visual and electronic surveillance of prisoners.

(2) Upon reception into a punishment cell, a prisoner shall be searched and shall receive clothing provided by the punishment cell. The personal belongings which a prisoner kept in his or her cell shall be deposited and returned to the prisoner after release from the punishment cell.

(3) A prisoners who is committed to a punishment cell does not have the right to move about within the territory of the prison pursuant to the procedure provided for in §§ 8 and 10 of this Act. A prisoner shall be allowed, at his or her request, to be in the open air for at least one hour daily.

(4) The prison service may partially or fully restrict application of the provisions of §§ 22, 24, 25, 30–32, 34–38, 41, 43, 46 and 48 to a prisoner who is committed to a punishment cell.

§ 66. Supervision of prisoners

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

(1¹) The minister in charge of the policy sector hall establish the specific procedure for supervisory control.

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

§ 66¹. Authorisation to enter prison

To ensure the security of a prison, the prison service has the right to refuse to grant an authorisation to enter the prison where there are reasonable grounds to suspect that the person applying for the authorisation might endanger the execution of the sentence or the security or order of the prison.

§ 67. Obligations of prisoners

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

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

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

3) promptly inform a prison service officer of all the circumstances which may endanger the security or violate the order of the prison or the life or health of other persons;

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

§ 67¹. Control over consumption of substances prohibited for prisoners

(1) A prisoner is prohibited to consume alcoholic beverages, except the alcohol offered during religious ceremonies, and other substances containing spirit, and narcotic drugs and psychotropic substances (hereinafter prohibited substances) without a health care professional’s prescription. An officer of the prison service has the right to examine the prisoner and establish consumption of prohibited substances. Establishment of consumption of prohibited substances is based on the rules provided in §§ 38–41 of the Law Enforcement Act.

(2) If an officer of the prison service does not deem it necessary to collect other data and the prisoner does not require establishment of consumption of prohibited substances in exhaled breath or by testing blood or biological liquids, an indicating meter may be used and the signs of consumption of prohibited substances exhibited by the person may be described.

(3) If a prisoner demands establishment of the consumption of prohibited substances in exhaled breath or by testing of blood or biological liquids, the prisoner shall reimburse for the costs relating to taking, preservation and delivery of the blood or biological liquid samples (hereinafter sample) and testing thereof, unless the test result of the sample is negative. In such case the costs shall be covered by the prison.

(4) If a sample is taken at a health care provider, a prison shall organise the delivery of the sample taken to a state forensic institution for testing and establishment of consumption of prohibited substances.

(5) If a prisoner refuses to give a sample at the health care provider, a prison service officer has the right to use direct coercion in order to ensure taking of the sample as long as this is unavoidable for the achievement of the objective.

§ 68. Search

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

(2) Prohibited items and substances discovered by a prison service officer in the process of a search are subject to confiscation and sale or destruction. Funds received from the sale of confiscated items or substances shall be transferred to the state budget. The prison service shall deposit the documents found in the course of a search and shall return these to the prisoner on upon release from the prison.

(3) A prison service officer has the right to search people received into a prison and leaving the prison and search their items. The search shall be conducted by a prison service officer of the same sex as the person searched.

(4) The search procedure shall be established by a regulation of the minister in charge of the policy sector.

§ 69. Additional security measures

(1) Additional security measures shall be imposed with regard to a prisoner who regularly violates the requirements of this Act or the internal rules of the prison, damages his or her health or is likely to attempt suicide or escape, and to a prisoner who poses a threat to other persons or security in the prison. Additional security measures may also be imposed for prevention of grave offences.

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

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

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

3) prohibition for a prisoner to engage in sports;

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

5) use of means of restraint.

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

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

§ 70. Use of means of restraint

(1) In addition to the bases specified in subsection 1 of § 69 of this Act, means of restraint may be also used upon escorting a prisoner. Leg-irons may be used as a means of restraint only upon escorting of a prisoner or placement of a prisoner inside the prison.

(2) Means of restraint shall not be applied for longer than 12 hours.

§ 70¹. Special equipment and service weapons used in prison service

(1) The following are special equipment used in prison service:

1) handcuffs, leg-irons, bindings, restraint-jackets, restraint chairs and beds used as means of restraint;

2) service animal;

3) means for stopping vehicles;

4) water cannon;

5) grenades which cause lacrimation, smoke grenades, grenades which cause sound, light or another effect or sense of pain;

6) blasting devices for special purposes which are not used against people;

7) lighting and audio equipment for special purposes;

8) colouring and marking devices for special purposes.

(2) The following are service weapons used in prison service:

1) firearms;

2) gas weapons;

3) pneumatic weapons;

4) cut-and-thrust weapons;

5) electric shock weapons;

6) practice weapons.

(3) The provisions of the Weapons Act apply to service weapons of prison service and ammunition thereof, taking account of the specifications provided for in this Act or on the basis thereof.

§ 71. Use of special equipment and service weapons in prison service

(1) The use of special equipment and service weapons specified in clauses 3–8 of subsection 1 of § 70¹ of this Act by a prison service officer is permitted only in extreme cases as a measure of last resort if all the remaining measures are exhausted to prevent a prisoner's escape, apprehend an escaped prisoner, neutralise an armed or otherwise dangerous prisoner or prevent an attack or intrusion of other people in the prison. In using special equipment and service weapons, one must avoid causing harm to the health of persons insofar as possible in a particular case.

(2) A prison service officer has the right to use self-defence equipment and physical force upon the performance of service duties or for ensuring his or her own safety.

(3) Upon the performance of service duties, a prison service officer has the right to establish, with the aim to ensure safety, a safety zone around himself or herself, other persons or objects which no person shall enter without the permission of the prison officer. A prison service officer may use physical force, special equipment, cut-and- thrust weapons or gas weapons if this requirement is violated.

(3¹) Upon performance of his or her employment duties, including upon performance of his or her employment duties outside a prison, a prison service officer has the right to detain a person whose activities directly endanger the execution of imprisonment in the prison. Detention of a person shall comply with the procedure provided for in § 46 of the Law Enforcement Act.

(3²) If the person specified in subsection 3¹ of this section is in a vehicle, a prison service officer has the right to stop the vehicle. Stopping of the vehicle shall comply with the procedure provided for in § 45 of the Law Enforcement Act.

(3³) When detaining a person, a prison service officer shall use direct coercion, if necessary, which means affecting of a person by physical force and in the extreme cases specified in subsection 1 of this section by special equipment or a service weapon. Application of direct coercion shall be based on the procedure provided for in §§ 76–78 of the Law Enforcement Act.

(3⁴) An apprehended person shall be handed over to a police officer as soon as possible, with the exception of persons who have escaped from prison, who are apprehended in an attempt to escape or who have been permitted to leave prison and who avoid continuing of service of the punishment. Such person shall be taken to prison.

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

(5) It is allowed to use service dogs, in addition to the bases provided for in subsections 1, 3 and 4 of this section, in detecting narcotic drugs and psychotropic substances.

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

(7¹) After use of direct coercion with regard to a prisoner, a health care professional shall examine the state of health of the prisoner as soon as possible. The circumstances of use of direct coercion and the results of health examination shall be recorded.

(7²) Where means of restraint are used with regard to a prisoner, the provisions of subsection 7¹ of this section are mandatory only in the following cases:

1) physical force was used upon use of means of restraint;

2) means of restraint are used continually for more than fifteen minutes, unless the operation is performed on the basis of a pre-issued administrative act or in the case handcuffs and leg-irons are used during escort;

3) a prisoner files a complaint relating to his or her state of health;

4) in other cases if the need to check the state of health of a prisoner becomes evident.

(7³) The minister in charge of the policy sector shall establish by a regulation the more detailed procedure for checking of means of restraint and state of health, including the frequency of checks in the case of prolonged use of the means of restraint, and the requirements for the minutes.

(8) The terms and conditions of and the procedure for use, handling and transfer of special equipment, service weapons in prison service and ammunition thereof and any parts thereof shall be established by a regulation of the minister in charge of the policy sector.

§ 71¹. List of self-defence equipment of prison service and requirements therefor

(1) The self-defence equipment of the prison service include the means used for ensuring the physical safety of a prison service officer or a service animal upon exercise of supervision.

(2) The minister in charge of the policy sector may establish by a regulation the list of self-defence equipment of the prison service and the requirements set for self-defence equipment.

§ 72¹. Prison specifications, security systems and equipment

(1) The technical data of prison buildings, as well as information on special prison equipment, service weapons, ammunition, security systems or devices and the information contained therein are intended for internal use. When acquiring prison security systems or equipment and special equipment, service weapons and ammunition and ordering of services associated with these, it must be ensured that this does not endanger the prison security.

(2) An estimate of the potential danger of the activities provided for in subsection 1 of this section shall be given and the required measures for preventing the danger shall be determined by the minister in charge of the policy sector.

§ 72². Entry and examination of premises

(1) For the purpose of apprehending an escaped prisoner immediately after escape, as well as for the purpose of apprehending the perpetrator of an offence provided in subsection 3¹ of § 71 of this Act immediately after the commission of the offence, the prison service officers have the right to enter the premises without the consent of the holder and to examine the premises in order to find the person, where otherwise apprehending the person would become significantly difficult.

(2) Where the identity of the holder can be established, they must be notified as soon as possible of the entry into and examination of the premises. Where, as a result of the entry into or examination of the premises, significant property is left unattended, a prison officer ensures the guarding of the premises until the arrival of the holder or other authorised person.

(3) In the case of examination of the premises, the prison service is obliged to apply for a respective permission of the administrative court of the place where the premises are located. The judge decides on the grant of the permission for examination of the premises in accordance with the rules prescribed in the Code of Administrative Court Procedure for granting permission for an administrative measure.

(4) Upon entry into and examination of the premises, direct coercion may be used insofar it is unavoidable for the achievement of the objective.

(5) Recording in the minutes of the measure provided in this section is mandatory.

§ 73. Grounds for release from prison

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

§ 74. Pre-release preparation

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

§ 74¹. Release of foreign nationals for departure from the Republic of Estonia

(1) In order to enforce the obligation assumed by a foreign national to depart from the Republic of Estonia, a prison shall send a valid travel document for the foreign national to the Police and Border Guard Board.

(2) If an imprisoned foreign national who is convicted of a criminal offence in the second degree wishes to assume an obligation to depart from the Republic of Estonia pursuant to subsection 1 of § 424¹ of the Code of Criminal Procedure and, in the estimation of the Police and the Border Guard, he or she is able to return to the host country, the prison shall apply to the judge in charge of enforcement of court judgments at the county court of the location of service of the sentence for release of the foreign national prisoner from the service of the rest of the punishment.

(3) In order to file the request specified in subsection 2 of this section, a prison shall request an assessment of the possibility of the foreign national to return to the host country from the Police and Border Guard Board that shall sent it to the prosecutor's office within 30 days as of the receipt of the request.

§ 75. Release from prison

(1) A prisoner shall be released on the last day of the sentence as early as possible, however, not later than at 12:00. If the date of the release of a prisoner falls on a public holiday or a day off, the prisoner shall be released on the last working day before the public holiday or day off.

(1¹) The release provided for in the second sentence of subsection 1 of this section shall not apply to prisoners who bear liability in instalments pursuant to § 66 of the Penal Code or who serve a partially enforced imprisonment of up to 30 days pursuant to § 73 or 74 of the Penal Code.

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

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

(4) On release, the deposited savings fund accrued from the funds deposited on the personal account of the prisoner and the funds reserved for the use inside the prison shall be paid to the prisoner. If the amount payable from the personal account of the prisoner is smaller than the rate of the benefit, the prisoner shall be paid a lump-sum benefit to the extent of the difference between the established rate and the amount payable from the personal account.

(4¹) On the release of a prisoner, the prison service may, with the consent of the prisoner, transfer a part of the savings fund to be handed over to the prisoner on release to a special account of the social affairs department of the residence of the prisoner to be paid to the released prisoner in instalments.

(4²) The rate of the benefit specified in subsection 4 of this section shall be established by a regulation of the minister in charge of the policy sector.

(5) A prisoner who is a foreign national and who has no residence permit, right of residence or right of stay in Estonia shall be expelled from Estonia upon release. If immediate expulsion from Estonia is not possible, the foreign national shall be placed in an detention centre upon release.

(6) The minister in charge of the policy sector hall establish the procedure for release of prisoners from prison.

§ 76. Release on parole

(1) For release of a prisoner on parole, the prison shall communicate to the court, after the prisoner has served the term of punishment provided for in § 76, 76¹ or 77 of the Penal Code:

1) the information to be entered in the prison register on the prisoner based on §5³ of this Act, as required by the court;

2) an assessment, which states the opinion of the prison concerning the possibility of commission of a new criminal offence, how dangerous the prisoner is and about the release of the prisoner before the prescribed time;

3) the opinion of the probation supervisor concerning the probationary period, period of supervision of conduct and the selected obligations to be imposed upon the prisoner and the term for imposition thereof;

4) the consent of the prisoner to application of electronic monitoring if the prisoner applies for his or her release on the basis of clause 1 of subsection 1 or clause 1 of subsection 2 of § 76 of the Penal Code; and

5) the opinion of the victim about release of the prisoner before the prescribed time, if the victim has submitted the request provided for in clause 4 of subsection 5 of § 38 of the Code of Criminal Procedure and expressed his or her opinion to the prison.

(2) If a prisoner is not released on parole on the basis of clause 1 of subsection 1 or clause 1 of subsection 2 of § 76 of the Penal Code, the prison service shall forward the materials specified in subsection 1 of this section to the court again after the term of punishment provided for in clause 2 of subsection 1 or clause 2 of subsection 2 of § 76 of the Penal Code has been served but not earlier than six months after the entry into force of a ruling on refusal to release on parole.

(3) If a prisoner who was younger than eighteen years of age at the time of commission of a criminal offence is not released on parole on the basis of subsection 1 of § 76¹ of the Penal Code, the prison service shall send the materials specified in subsection 1 of this section again to the court after service of the sentence provided for in clause 2 of subsection 2 of § 76 or subsection 2 of § 76¹ of the Penal Code but not later than six months after the entry into force of a ruling on refusal to release on parole, unless the court has provided a longer or shorter term for re-submission of the materials in a ruling.

(4) If a prisoner is not released on parole on the basis of clause 2 of subsection 1 of clause 2 of subsection 2 of § 76 of the Penal Code, the prison service shall forward the materials specified in subsection 1 of this section to the court again after one year has expired after the entry into force of a ruling on refusal to release on parole, unless the court has provided a longer or shorter term for re-submission of the materials in a ruling.

(4¹) If a prisoner is not released on parole on the basis of subsection 1 of § 77 of the Penal Code, the prison service shall send the materials specified in subsection 1 of this section to the court again when two year has expired after the entry into force of the ruling on refusal to release on parole, unless the court has provided a shorter term in its ruling for re-submission of the materials.

(5) If a court has enforced the unserved part of the sentence of a convicted offender according to subsection 7 of § 76 of the Penal Code, or the convicted offender has committed a new intentional criminal offence on parole pursuant to subsection 8 of § 76 of the Penal Code for which imprisonment is imposed on the person, the prison service shall forward the materials specified in subsection 1 of this section to the court again after serving of the term of punishment provided for in clause 2 of subsection 1 or clause 2 of subsection 2 of § 76 or subsection 2 of § 76¹, but not earlier than after one year has expired from commencement of serving of the unserved part of the sentence or from commencement of serving the punishment imposed for the new criminal offence by the convicted offender. The court may provide in its ruling upon enforcing the unserved part of the sentence a term for filing again the materials that is longer or shorter than one year.

(5¹) If a court has enforced a life sentence according to subsection 3¹ of § 77 of the Code of Criminal Procedure, the prison service shall send the materials specified in subsection 1 of this section to the court again after two years have expired from commencement of serving the punishment enforced by the convicted offender. The court may provide by its ruling upon enforcing the sentence for a term for re-filing the materials that is shorter than two years.

(6) A prison shall not communicate the materials specified in subsection 1 of this section to a court for release of a prisoner on parole pursuant to subsection 3 of § 76 of the Penal Code if the prisoner has less than two months of the sentence to serve. A prison shall communicate the materials to a court for application of supervision of conduct after service of the sentence if the prisoner complies with the requirements provided for in § 87¹ of the Penal Code.

(7) The minister in charge of the policy sector shall establish by a regulation the procedure for preparation of materials for release of prisoners on parole.

§ 76¹. Certificate of release from prison

(1) On release or release on parole from prison, the prison service shall issue a certificate of release from prison with a period of validity of six months to the person.

(2) The format of certificates of release from prison and the list of data to be entered therein shall be established by a regulation of the minister in charge of the policy sector.

§ 76². Pre-release preparation with application of supervision of conduct after service of sentence

(1) Upon making preparations by the prison service for deciding the issue of the application of supervision of conduct after service of the sentence and forwarding of materials to the court, the provisions of release of prisoners on parole shall apply, taking into account the specifications provided in this section.

(2) Where the grounds provided in clauses 1 and 2 of subsection 1 or subsection 2 of § 87¹ of the Penal Code exit, the prison service forwards to the court the information on the prisoner to be entered in the prison register on the basis of § 5³ of this Act, as requested by the court, and the probation officer's opinion on the probation period and the choice of the obligations applicable to the prisoner and the term of their application, not later than two months before the full term of the sentence is served.

§ 77. Young prisoners

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

§ 78. Imprisonment of young prisoner

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

§ 79. Reception of young prisoners into prison

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

§ 80. General conditions of execution of imprisonment in case of young prisoners

The provisions of Chapters 1, 2 and 6 of this Act with the specifications provided for in this Chapter shall be applied to the execution of imprisonment in the case of young prisoners.

§ 81. Segregation of young prisoners

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

1) young prisoners less than 15 years of age;

2) 15 up to 16 years of age;

3) 16 up to 18 years of age;

4) 18 up to 21 years of age.

(2) Exceptions may be made to the principle of segregation specified in subsection 1 of this section if where segregation of a prisoner from prisoners of another age group is contrary to their normal development or other legitimate interests.

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

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

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

§ 83. Specifications for young prisoners' work

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

§ 84. Specifications for provision of education to young prisoners

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

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

§ 85. Serving of detention

(1) Detention shall be served at a house of detention of the location of the court that adjudicated on the matter or at a house of detention of the prefecture of the residence of the detained person or the prison according to the treatment plan.

(2) A detained person may be placed in a house of detention or prison without adherence to subsection 1 of this section, if this is required due to the house of detention or prison being overcrowded, in the interests of the security of the detained person or in other exceptional cases. The Director General of the Police and Border Guard Board or a police officer appointed by the Director General, in a prison a prison service official shall decide the placement of a detained person in the house of detention in exceptional cases.

(2¹) The procedure for placement of detained persons in a prison in exceptional cases shall be established by a regulation of the minister in charge of the policy sector.

(3) A reservist and a person in active service serve the detention imposed to them in a house of detention or prison specified in § 156 of this Act, and a conscript in a house of detention, prison specified in § 156 or a house of detention of the Defence Forces. For serving a disciplinary detention imposed to them on the basis of the Military Service Act, a serviceman may be placed in a house of detention or prison specified in § 156 of this Act.

§ 85¹. Admission of persons to prison

(1) A copy of a court decision on imposing detention is the document based on what a detained person is admitted to prison.

(2) The following documents constitute a basis for admission to prison of a person taken to prison and detained for up to 48 hours, a serviceman serving disciplinary detention or a person subjected to compelled attendance as well as an intoxicated person taken to prison to recover from intoxication on the basis of the Law Enforcement Act:

1) copy of a report on the detention of a person or misdemeanour report;

2) report on taking an intoxicated person to recover from intoxication;

3) copy of a ruling or order of a body conducting extra-judicial proceedings, prosecutor's office or court or report of an investigative body on application of compelled attendance;

4) the basis for admission to prison of a serviceman who is serving disciplinary detention is a copy of the directive on the imposition of disciplinary detention on the serviceman and a ruling of an administrative court on the lawfulness of disciplinary detention.

(3) Admission of a person specified in subsection 1 or 2 of this section to prison shall be based on the grounds provided for in subsections 1–2 of § 14 of this Act.

(4) Detained persons are admitted to prison twenty-four hours a day. If several detained persons arrive at one and the same time, they are admitted in the order of arrival to the prison, and the guard of the detained person until admission shall be ensured by the police officer that brings the person to the prison.

(5) Admission of intoxicated persons taken to recover from intoxication is based on the procedure provided for in § 42 of the Law Enforcement Act, taking into account the specifications provided for in subsections 6 and 7 of this section.

(6) Intoxicated persons taken to recover from intoxication and their personal effects shall be subject to a search upon admission to a prison. The prison service shall deposit the personal effects, which the person has with him or her, and his or her identity documents and they shall be returned upon his or her release according to § 88¹ of this Act. Medical examination of the person shall be carried out.

§ 86. General conditions of execution of detention

(1) The provisions of Chapters 1, 2 and 7 of this Act together with the specifications provided for in this Chapter apply to the execution of detention.

(2) A detained person shall be lodged in a locked cell on a twenty-four-hour basis., except for the time of walking in the fresh air provided for in subsection 2 of § 55 of this Act. If possible, the provisions provided for in § 55 of this Act shall be applied to persons taken to a prison and detained for up to 48 hours or subject to compulsory attendance, taking into account the acts performed with the person and duration of the stay at the prison. The provisions of § 55 of this Act shall not be applied to intoxicated persons taken to a prison to recover from intoxication.

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

(4) Detained persons are not required to work.

(5) Subsection 4¹ of § 64 of this Act does not apply to detained persons.

(6) A detained person is fingerprinted, a facial image, voice sample or DNA sample are taken from them, where necessary, for identification purposes, where it is otherwise impossible to establish the identity of the person.

(7) A serviceman serving disciplinary detention, an intoxicated person taken to recover from intoxication, a person detained for up to 48 hours, and a person subjected to compelled attendance is not fingerprinted and no face image is taken from them.

(8) Detention of intoxicated persons taken to a prison to recover from intoxication shall be based on the procedure provided for in § 43 of the Law Enforcement Act and, to ensure security in the prison, the provisions of Subchapter 8 of Chapter 2 of this Act.

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

(10) No personal accounts shall be opened to detained persons in the prison and the possibility to shop provided for in § 48 of this Act shall not apply to them. Intoxicated persons taken to recover from intoxication shall not be allowed to use the Internet.

(11) The organization of health care and the provision of health care services to a detained person is governed by §§ 49 and 52 of this Act and the legislation established on the basis thereof.

(12) A personal file is opened on a detained person in a house of detention, where this unless this has been done previously.

§ 87. Visits received by detained persons

(1) Detained persons shall be allowed one weekly short-term visit under supervision with their family members or other persons. Servicemen serving disciplinary detention shall not be allowed to receive short-term visits under supervision.

(1¹) Allowing of short-term visits to persons detained for up to 48 hours or subjected to compelled attendance shall be decided based on an application of the person in a detention house by the head of the detention house, in a prison by a prison service official.

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

§ 88. Short-term release of detained person

(1) The director of a detention house may release a detained person for up to three days on the grounds provided for in subsection 5 of § 32 of this Act.

(1¹) A decision on short-term release of a serviceman serving disciplinary detention is made by the director of a detention house or a prison service officer with the consent of the head of the structural unit of the serviceman.

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

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

(4) The provisions of subsection 1 of this section shall not apply to persons detained for up to 48 hours, subjected to compelled attendance or taken to custody to recover from intoxication.

§ 88¹. Release of detained person

(1) The release provided for in subsection 1 of § 75 of this Act shall not apply to detained persons.

(2) Upon release of a detained person, no savings fund shall be handed over to the person.

(3) If a detained person has been placed in a house of detention or prison to serve a sentence imposed for a misdemeanour without adherence to subsection 1 of § 85 of this Act, the prefecture in which house of detention the detained person serves his or her sentence shall ensure transportation upon release of the detained person to the place of residence of the detained person or compensate the detained person for the public transport costs to his or her place of residence. If the detained person was placed in a prison, the prison shall compensate the detained person for his or her public transport costs to his or her place of residence.

(3¹) The rate of compensation for public transportation costs upon release to detained persons who served detention imposed as a punishment for misdemeanours in a prison pursuant to subsection 3 of this section shall be established by a regulation of the minister in charge of the policy sector.

(4) Upon release of servicemen having served disciplinary detention, the Defence Forces shall ensure transportation of the serviceman to the location of his or her position of military rank.

(5) The procedure provided for in § 43 of the Law Enforcement Act shall apply to release of intoxicated persons taken to recover from intoxication.

(6) Persons detained for up to 48 hours or subjected to compelled attendance are released from prison when the grounds for detention expire, upon expiry of the term provided by law, or based on a notation made on the report on the detention of the person by an investigative body, prosecutor's office, court or law enforcement authority, if the person is not taken into custody or sent to serve a sentence.

§ 88². Certificate of imprisonment and release from prison

The provisions of §§ 18¹ and 76¹ of this Act shall not apply to detained persons serving detention imposed for misdemeanours in a prison, persons detained for up to 48 hours or subjected to compelled attendance, and intoxicated persons taken to recover from intoxication.

§ 89. Basis for reception into custody pending trial

A person is received into a prison or detention house on the basis of a copy of the report on the detention of the person or a misdemeanour report, copy of the report on the detention of a suspect, copy of the court judgment or court ruling/ order, or identity document or, in the absence thereof, identification document prepared by the police.

§ 90. General conditions of custody pending trial

(1) The provisions of Chapters 1, 2 and 7 of this Act together with the specifications provided for in this Chapter apply to being held in custody pending trial.

(2) Custody pending trial shall be served in wards prescribed for custody pending trial in closed prisons or in houses of detention.

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

§ 91. Reception into custody pending trial

(2) The prison service promptly informs the investigative body, prosecutor's office or court, where the court is conducting proceedings in the criminal case, of the reception of a person in custody. Notification is not necessary where the information on the reception of the person in custody is automatically transmitted between authorities.

§ 92. Informing of transfer of persons in custody

The authority which receives a person in custody is required to inform the investigative body or the prosecutor's office or court, where the court is conducting proceedings in the criminal case, of the transfer of the person in custody. Notification is not necessary where the information on the relocation of the person in custody is automatically transmitted between the authorities.

§ 93. Serving of custody pending trial

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

(2) A personal account is opened for a person in custody and the funds paid to the person in custody are collected in that account. 50 per cent of the amounts transferred to the personal account of the person in custody are retained to meet financial claims and the remaining amounts are retained for the use of the person in custody within the prison in accordance with the rules provided in the internal rules of the prison. Where there are no financial claims against the person in custody, or if where they amount to less than 50 per cent of the amount transferred to the personal account, the full amount or the remaining amount, respectively, is also retained for use within the prison.

(3) Persons in custody shall have access to national daily newspapers and books and periodicals stored at the library. A person in custody shall be permitted to subscribe, through the mediation of the prison service, for a reasonable number of newspapers, periodicals and other pieces of literature out of his or her personal resources unless the subscription endangers security in the prison. The prison service may permit the cell of a person in custody to be illuminated outside the prescribed time.

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

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

(6) The organization of health care of a person held in custody and provision of health care services to them is based on §§ 49 and 52 of this Act and the legislation established on the basis thereof. The prison service or house of detention promptly informs the investigative body, prosecutor's office or court, where the court is conducting proceedings in the criminal case, of referring the person in custody to a provider of specialised medical care, unless the information on the relocation of the person in custody is automatically transmitted between the authorities. The prison service ensures the guarding of the person in custody during the time they are provided with health care services.

(7) Persons in custody are not required to work. If a person in custody wishes to work and the prison service can allow it, §§ 39, 40 and 43 of this Act apply to him or her.

(7¹) The privileges provided for in § 22 of this Act shall not be applied to persons in custody.

(8) A certificate provided for in § 18¹ of this Act shall be issued to a person in custody on the basis of his or her application if the person in custody does not have any other valid identity document.

(9) Subsections 2 and 8 of this section, § 98 and subsections 2 and 3 of § 104 shall not apply to persons detained as suspects and taken to prison pursuant to taken to § 217 of the Code of Criminal Procedure.

§ 94. Visits received by persons in custody

(1) A person in custody shall be permitted to receive short-term visits of personal, legal or commercial interest in matters which the person in custody cannot conduct through third persons.

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

(3) A person in custody receives visits under the supervision of a prison service officer who has the right to interrupt or immediately terminate the visit where the visit may damage the conduct of criminal proceedings.

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

§ 95. Visits from criminal defence counsel, representative who is advocate, minister of religion, notary and consular officer of country of nationality

(1) A person in custody has the unrestricted right to receive visits from his or her criminal defence counsel, representative who is an advocate, minister of religion and a consular officer of his or her country of nationality, and a notary for performance of a notarial act. Visits shall be uninterrupted. Visits shall be within sight but not within hearing distance from prison service officers.

(2) A criminal defence counsel, a representative who is an advocate or a consular officer has the right to hand over material necessary for the preparation of defence to a person in custody. Prison service officers shall not review the content of such material. Prison service officers shall not review the content of documents of a notary.

§ 96. Correspondence and telephone calls of persons in custody

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

(2) Costs related to correspondence and use of telephone shall be borne by the person in custody.

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

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

(2) The content of the correspondence of a person in custody and of messages forwarded by telephone by or to a person in custody may be examined only with the permission of a court and on the bases and pursuant to the procedure provided for in the Code of Criminal Procedure.

(3) It is prohibited to review the content of letters sent and telephone messages forwarded by a person in custody to their criminal defence counsel, a representative who is an advocate, the Chancellor of Justice, prosecutor’s office, a court and the Ministry of Justice and Digital Affairs.

§ 98. Packages

(1) A person in custody is allowed to receive and send parcels. Sending a parcel to a person in custody is only allowed if a digitally signed notification is sent to the prison in advance or if the parcel is brought to the prison in person. The exact procedure for receiving and sending parcels and the list of items and substances allowed in the parcel is provided in the internal rules of the prison or house of detention. The prison service may additionally authorise items and substances which are not on the list of items and substances authorised in the parcel, but which are expedient to issue to the person in custody and do not endanger the security of the prison.

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

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

(4) The minister in charge of the policy sector shall approve the procedure for the return, confiscation and destruction of seized items.

§ 99. Prison leave under supervision of persons in custody

(1) A prison service officer has the right to grant permission to a person in custody for prison leave under supervision for up to one day if the investigative body, Prosecutor's Office or court, if the court is conducting proceedings in the criminal matter, has granted consent thereto, under essential and urgent personal, legal or commercial circumstances which require the personal attendance of the person in custody. A person in custody shall bear the costs of his or her prison leave under supervision.

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

(3) The short-term visits provided for in § 32 of this Act shall not be applied to persons in custody.

§ 100. Disciplinary penalties imposed on persons in custody

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

1) reprimand;

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

3) commission to a punishment cell for up to 14 twenty-four hour periods.

(2) A person in custody who is younger than twenty-one years of age may be committed to a punishment cell for up to 3 twenty-four hour periods.

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

§ 101. Disciplinary proceedings

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

(2) Disciplinary penalties shall be enforced immediately.

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

(4) The provisions of subsection 5 of § 65 of this Act apply to expiry of disciplinary punishments.

§ 102. Securing of criminal proceedings

Additional restrictions may be applied to a person in custody or a suspect or an accused who is imprisoned or serving detention on the basis of an order of the Prosecutor's Office or court ruling on the bases of and pursuant to the procedure provided for in the Code of Criminal Procedure.

§ 103. Ensuring security in custody pending trial

In order to ensure security in custody pending trial, a prison service officer may apply the security measures specified in §§ 66 and 67¹–72 of this Act to a person in custody.

§ 104. Release from custody pending trial

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

(2) A prison service officer notifies the investigative body or the prosecutor’s office that is conducting proceedings in the criminal case of the pending release of a person in custody three days before the expiry of the term of custody.

(3) A person in custody shall be released not later than at 12:00 on the last day of the term of custody unless the term of custody is extended.

(4) Upon release of a person in custody, no savings fund shall be handed over to the person.

§ 104¹

–

§ 105. Prison

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

(1¹) The division of tasks, the procedure for transfer of functions and the scope of responsibilities of the Ministry of Justice and Digital Affairs and prisons are established by a regulation of the minister in charge of the policy sector.

(1²) A place of employment or a structural unit of a prison may be subordinated to the management of the Ministry of Justice and Digital Affairs. Where a position or place of employment or a structural unit of a prison is subordinated to the management of the Ministry of Justice and Digital Affairs, the Ministry of Justice and Digital Affairs or a person authorized by it appoints officials to their positions and dismisses them from their positions or enters into employment contracts with employees and terminates them.

(1³) State budget funds allocated for the performance of the tasks of a position or place of employment subordinated to the management of the Ministry of Justice and Digital Affairs and the state property of prisons are administered by the Ministry of Justice and Digital Affairs.

(1⁴) In the case referred to in subsection 1² of this section, officials of the Ministry of Justice and Digital Affairs have the right to issue service-related acts specified in § 67 of the Civil Service Act for the purpose of organising the work of the prison service.

(1⁵) The grounds for and the procedure of issue of service-related acts is established by a regulation of the minister in charge of the policy sector.

(1⁶) In the case referred to in subsection 1² of this section, persons representing a prison based on their place of employment and the procedure for representing the prison is established by a regulation of the minister in charge of the policy sector.

(1⁷) In administrative court proceedings, a prison is represented by the director of the prison or the Ministry of Justice and Digital Affairs. The director of the prison and the Ministry of Justice and Digital Affairs have the right to grant general and special authorisations to represent the prison in administrative court proceedings. Clause 5 of subsection 1 of § 32 of the Code of Administrative Court Procedure applies to representatives acting under general or special authorisations.

(2) A prison shall be founded and the statutes, composition of staff and internal rules of the prison shall be established by a regulation of the minister in charge of the policy sector.

(2¹) The rules of procedure of a prison shall provide the following concerning a prisoner, detained person or person in custody:

1) reception and placement in the prison;

2) schedule;

3) organisation of working and studying;

4) possibilities for leisure activities;

5) doing the shopping;

6) visits and use of telephone;

7) prison leave and prison leave under supervision;

8) satisfaction of religious needs;

9) medical surveillance;

10) reception of officials;

11) organisation of correspondence;

12) conduct of disciplinary proceedings and execution of disciplinary penalties;

13) transfer and release from prison;

14) other circumstances which need to be regulated.

(2²) The rules of procedure of a prison shall be communicated against a signature to prisoners, detained persons or persons in custody who are received into prison.

(3) Directors of prisons shall approve the rules of procedure of prisons.

(4) The Ministry of Justice and Digital Affairs shall exercise supervisory control over prisons.

(5) For the purpose of exercising supervisory control, inter alia a supervisory inspection may be arranged which means the inspection of a prison for the purpose of detecting and correcting and thereafter preventing mistakes in the work and work organisation of the prison. Officials and employees in the prison service and other experts may be involved in the supervisory inspection.

(6) The procedure for supervisory inspections shall be established by a regulation of the minister in charge of the policy sector.

§ 105¹. Prison service

(1) The function of the prison service is the execution of imprisonment, detention and custody pending trial and the organisation of probation supervision and supervision of conduct after service of the sentence.

(2) The prison service shall consist of:

1) places of employment in the staff of the Ministry of Justice and Digital Affairs intended for the performance of the functions of the prison service;

2) prisons.

(3) The places of employment specified in clause 1 of subsection 2 of this section are determined by a regulation of the minister in charge of the policy sector.

(4) The provisions regulating the background checks, on-call time and medical examinations of prison officers apply to the background checks, on-call time and medical examinations of officials to be employed or employed in the places of employment specified in clause 1 of subsection 2 of this section. Background checks on other officers and employees of the Ministry of Justice and Digital Affairs whose main function is related to prisons are subject to the provisions governing the background checks of prison officers.

§ 105². Background check

(1) The purpose of a background check is to ensure the security and order of a prison and enforcement of imprisonment, short-term custodial sentence, pre-trial confinement and probation and provision of related services by reliable persons.

(2) A background check is done by the prison service and by the internal audit department of the Ministry of Justice and Digital Affairs for persons specified in clause 1 of subsection 1 of § 105⁴ of this Act.

§ 105³. Sources of personal data for background check

To do a background checks, personal data and other information can be obtained from:

1) a state agency and local authority or another legal person in public law;

2) a legal person in private law or a natural person;

3) by making a query to another controller's database;

4) from public sources.

§ 105⁴. Persons subject to background check

(1) A background check may be done on the following persons:

1) a person who has taken up or wishes to take up service, employment, work practice or volunteer in a prison, the Prisons Department of the Ministry of Justice and Digital Affairs, or at a structural unit of the Estonian Academy of Security Sciences providing training for prison servants or study in a structural unit providing training for prison servants;

2) a person to whom the admission to a facility guarded by the prison service, entrustment of a task in connection with the execution of imprisonment, pre-trial confinement or probation, including performance of community service or organisation of work for a prisoner, is decided, as well as a person to whom the prison service decides to entrust a public task or a task in support of the performance of a public task or who is involved in the provision of services to the prison;

3) a person whose admission to a visit specified in § 24 or 25 of this Act is being decided, where the person has requested the visit;

(4) parents (including the person who actually raised the person), sister, brother, child (including a child actually brought up), spouse, former spouse, registered domestic partner, former registered domestic partner and domestic partner of a person specified in clause 1 of this subsection other than an apprentice, and a spouse, registered domestic partner and first-degree relatives in descending line and ascending line of a person specified in clause 2 of this subsection who are allowed to stay independently and unaccompanied on the territory of the prison.

(2) A person in the prison service is subject to a background check every five years after the person was recruited to the prison service, to study or work, except for the time when the person's service relationship is suspended, but including the time when the service relationship is suspended on another basis provided in § 136⁴ of this Act. A person in the prison service is also subject to a background check where at least one of the following circumstances is present:

1) there is a reasonable doubt that the person no longer meets the requirements of the place of service, compliance with which was checked at their latest background check;

2) there is a reasonable doubt that the person may endanger the security or order of the prison, and this doubt cannot be confirmed or refuted by other measures that are less intrusive to the privacy of the person;

3) the person's responsibility increases when they move to another place of service.

(3) No background check is done on the following persons while they are performing their duties:

1) persons specified in subsection 1 of § 26 of this Act, except for minister of religion;

2) a person and the administrative authority carrying out a supervisory task provided by law;

3) an official of an out-of-court proceedings authority or investigative body, a prosecutor and a judge;

4) a person who performs a task relating to the execution of a sentence on the basis of an international agreement.

§ 105⁵. Data processing when performing background checks

(1) The following personal data may be processed for the purpose of background checks, taking into account the specifications provided in this section:

1) the general data of the person and the time of introduction of contact information;

2) the person's previous names;

3) the data of the identity document;

4) the data of social media accounts;

5) the data on family ties with persons listed in clause 4 of subsection 1 of § 105⁴ of this Act;

6) the data on the foreign national's residence and work permit or right of residence;

7) the data of the penalties imposed on the person;

8) the data on whether the person was or is a suspect, accused or witness in a drug-related criminal case, and, with the permission of the prosecutor's office, data on the substance of the criminal case;

9) the data collected by the prison and other investigative bodies which enable the identification of the person's relationship with a person held in custody, prisoner, detained person, probationer or person involved in criminal activities;

10) the data from public sources on the person's reliability, ethics and moral qualities;

11) the data of previous background checks done by the prison service.

(2) For the purpose of doing a background check on a person specified in clause 1 of subsection 1 of § 105⁴ of this Act, the following personal data may be processed in addition to the data listed in subsection 1 of this section:

1) the data of the person's military service and the data of last five years of employment;

2) the person's involvement in economic activities;

3) the person's involvement in a non-profit organisation or other organisation of non-profit nature whose activities are directed against public policy and national security;

4) the data on the person's addictions;

5) the data on the person's bankruptcy proceedings, debt restructuring, expedited order-for-payment proceedings and data of a judgment on the claim for payment of money against a person;

6) the data specified in subsection 1 of § 14 of the Anti-corruption Act on the assets of the person and on the assets belonging to another person which the person uses;

7) the data from the archives of the criminal records database;

8) the data collected in the course of surveillance activities, which enable the verification of the person's compliance with the requirements provided by law;

9) the data on the person's reliability and moral qualities of the person obtained from employers and educational establishments of the last five years, and the data collected in the course of service;

10) the data of the person's education starting from the initial stage;

11) the data on the person's external border crossings during the last five years to countries included in the list established on the basis of subsection 3 of § 19 of the State Secrets and Classified Information of Foreign States Act, and in respect of which the obligation to notify specified in subsection 2 of the same section applies.

(3) The following personal data may be processed, in addition to the data listed in subsection 1 of this section, for the purpose of background checks on persons specified in clause 2 of subsection 1 of § 105⁴ of this Act who are allowed to stay independently and unaccompanied on the territory of a prison and who have access to functions ensuring the operation of the prison, and on health care professionals and members of the prison committee:

1) the data from the archives of the criminal records database;

2) the data on the person's external border crossings during the last five years to countries included in the list established on the basis of subsection 3 of § 19 of the State Secrets and Classified Information of Foreign States Act, and in respect of which the obligation to notify specified in subsection 2 of the same section applies.

(4) For the purpose of doing a background check on a person specified in clause 2 of subsection 1 of § 105⁴ of this Act who is not allowed to stay independently and unaccompanied on the territory of a prison, only the data specified in clauses 1–4, 7 and 9–11 of subsections 1 of this section may be processed.

(5) For the purpose of doing a background check on a person specified in clause 3 of subsection 1 of § 105⁴ of this Act, the following personal data may be processed in addition to the data listed in clauses 1–4 and 7–11 of subsection 1 of this section:

1) the data on the establishment of guardianship, the name, personal identification or registry code and place of residence r registered office of the guardian, the time of the beginning and end of guardianship;

2) in the case of a visit specified in § 25 of this Act, the marital status and data on blood relationship;

3) in the case of a visit by a minor child, the data on the parent's custody, its restriction, deprivation and separation of the child from the family.

(6) In the case of a person specified in clause 4 of subsection 1 of § 105⁴ of this Act, only the data provided in clauses 1 and 9 of subsection 1 of this section and the data on penalties may be processed.

(7) In the case of a legal person specified in clause 2 of subsection 1 of § 105⁴ of this Act, the following data may be processed:

1) the name, registry code, address and contact information of the legal person;

2) participation of the legal person in other legal persons;

3) proceedings terminated on the basis of subsection 2 of § 201, §§ 202, 203, 203¹, 204, 205, 205¹ or 205² of the Code of Criminal Procedure in which the legal person was a suspect or accused;

4) proceedings in criminal cases in which a legal person is a suspect or accused, and in misdemeanour cases in which a legal person is the person subject to proceedings, and, with the permission of the prosecutor's office, the data on the substance of the criminal case;

5) data on a vehicle owned or used by the legal person which is used to enter a facility guarded by the prison service;

6) the data collected by the prison and other investigative bodies which enable the identification of the legal person's connection with a person held in custody, prisoner, detained person, probationer or person involved in criminal activities;

7) the data on the wrongful non-performance of a public contract awarded as a result of a public procurement during the last five years.

(8) When assessing the reliability of a legal person, a background check may be done in addition to the legal person also on a member of its managing body, manager or any other person having a dominant influence over the management of the undertaking, where there is a reasonable doubt that the person may endanger the security of the prison or the enforcement of the sentence. Subsection 4 of this section applies to such persons.

(9) The minister in charge of the policy sector establishes by a regulation:

1) the more specific requirements and procedures for doing background checks;

2) the more specific requirements for storing the data relating to background checks;

3) the posts with the right to verify data to do background checks;

(4) the composition of the demarcated data required to do a background check on persons specified in clauses 1–4 of subsection 1 of § 105⁴ of this Act from the list of data provided in this section;

5) the forms of the questionnaire for background checks of a person specified in clause 1 of subsection 1 od § 105⁴ of this Act.

(10) A person specified in clause 1 of subsection 1 of § 105⁴ of this Act sends the questionnaire established on the basis of the regulation specified in subsection 9 of this section to the person doing the background check and specified in subsection 2 of § 105² of this Act.

§ 105⁶. Result of background check, assessment of compliance and rights of data subject

(1) The result of a background check contains data and an assessment as to whether the person meets the requirements established by or on the basis of law, and a summary of the matters of fact relevant to the performance of the act specified in subsection 3 of this section.

(2) The summary of a background check is sent to an official of the prison service or the Ministry of Justice and Digital Affairs or an official of the Estonian Academy of Security Sciences competent to make the decision specified in subsection 3 of this section and to the personnel officer advising them.

(3) Processing of the data specified in § 105⁵ of this Act may result in:

1) refusal to accept a person to service, employment, work practice, study or to volunteer or to terminate the service, employment or work practice relationship with the person;

2) refusal to allow a person to an object guarded by the prison service;

3) refusal to allow the person to a visit;

4) refusal a service provided by the person or other cooperation with the person.

(4) A person is notified of the reason for the refusal specified in subsection 3 of this section and the grounds for the refusal.

(5) The data collected during a background check, the reason for the refusal and the grounds for the refusal need not be disclosed where the disclosure may:

1) prevent or prejudice the prevention, detection or proceedings of an offence or the execution of a sentence;

(2) compromise the security or order of a prison, including where the description of the security systems or security measures used in the prison service or the methods and tactics used to ensure security may become public;

3) harm the rights and freedoms of another person;

4) endanger national security or the protection of public order;

5) prevent disciplinary proceedings against a prisoner;

6) prevent the detection, investigation and prosecution of breaches of professional ethics.

(6) Data collected in the course of a background checks are not disclosed as long as it is necessary for the purposes specified in subsection 4 of this section.

(7) Persons specified in clauses 1–3 of subsection 1 of § 105⁴ of this Act are informed of doing an initial background check prior to the initial background check.

§ 105⁷. Storing of background check data

(1) The data of a background check on a person specified in clause 1 of subsection 1 of § 105⁴ of this Act are stored for a period of up to five years as of the date of the completion of the background check or the date of the person's leaving the service, in the case of a person in the service until a new background check is done. The data may be stored for a period longer than five years where this is necessary for the resolution of a legal dispute. After the case is resolved, the data are deleted.

(2) The data of a background check on a person specified in clauses 2 and 3 of subsection 1 of § 105⁴ of this Act are stored for as long as necessary, but up to two years.

(3) The data of a background check of a person specified in clause 4 of subsection 1 of § 105⁴ of this Act are stored in accordance with subsection 1 or 2 of this section.

§ 106. Directors of prisons

The director of a prison directs the work of the places of employment and structural units subordinate to them and performs other tasks assigned to them.

§ 107. Professional supervision

(1) The ministers in charge of the policy sectors exercise supervision over the performance of duties in the areas of education, social welfare and health care in prisons or authorities authorized by them.

§ 108. Prison committee

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

(2) The function of a prison committee is to assist the prison in the organisation of prison work, including assistance in resolving issues related to the lodging, study, work and alimentation of prisoners, provision of medical services to prisoners and persons in detention after service of a sentence, supervision of prisoners and persons in detention after service of a sentence and other issues related to the execution of penalties.

(3) The specific duties, membership and operating procedure of prison committees, and the procedure for the remuneration of the members of prison committees shall be provided by the statutes of prison committees which shall be approved by the minister in charge of the policy sector.

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

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

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

(7) The members of prison committees shall be appointed by the minister in charge of the policy sector.

§ 108¹. Requirements for members of prison committee

The following persons may be appointed as members of a prison committee:

1) who is a citizen with active legal capacity of the Republic of Estonia or a member state of the European Union and at least 21 years of age;

2) who has not been convicted of intentionally committed criminal offences or who has not been declared a suspect or accused in a criminal proceeding;

3) who have at least secondary education;

4) whose level of Estonian language proficiency is C1 provided for in the Language Act or a corresponding level;

5) who has sufficient understanding of the objectives of imprisonment and execution of imprisonment;

6) who are prepared to assist to return of a prisoner to society;

7) who do not have personal relationships with prisoners or persons in custody which may hinder the performance of the functions of the member of the committee.

§ 109. Prison escort guards, armed units and professional assistance

(1) Armed escort guards who shall be provided with special training have been formed to escort prisoners, persons in detention or custody outside the territory of the prison and the house of detention.

(2) The functions and operating procedure of prison escort guards shall be established by a regulation of the minister in charge of the policy sector.

(3) Armed units for the performance of special duties may be formed at a prison. The functions and operating procedure of armed units shall be established by a regulation of the minister in charge of the policy sector.

(4) Armed units or prison service officers may be used in professional assistance, as necessary, pursuant to the Administrative Co-operation Act for ensuring public order. Upon use of armed units or prison service officers for ensuring public order, the armed units or prison service officers shall also comply with the requirements of the legislation regulating the activities of the police.

(5) Police officers shall be involved in the escort of prisoners, detained persons and persons in custody, if necessary.

§ 111. Prison officer

(1) Prison officers are officers in prison service with the function to imprison and supervise prisoners and persons in custody, to ensure security in prisons and conduct pre-trial procedures or extra-judicial proceedings of offences committed in prisons, and to direct the activities in the specified areas.

(1¹) Service in the office of an executive officer of a sub-unit of an institution of applied higher education for public defence which provides education in the area of correction or other agencies carrying out preparatory service for prison officers and in the office a teacher of correctional training programmes, and participation as an expert in international civil missions is also deemed to be service as a prison officer.

(2) An official of the Ministry of Justice and Digital Affairs may perform the functions of a prison officer or other prison employees.

(2¹) An official of the Ministry of Justice and Digital Affairs may issue orders to prison officers or other prison employees.

(3) The procedure of performing the functions and issuing the orders specified in subsections 2 and 2¹ of this section shall be established by a regulation of the minister in charge of the policy sector.

(4) If an official of the Ministry of Justice and Digital Affairs performs functions in a prison, the rights and obligations of prison officers or other prison employees shall expand to him or her, except the rights of prison officers provided for in Subchapter 2 of Chapter 6 of this Act.

§ 112. Official ranks of prison officers

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

1) chief inspector of prison;

2) class I prison inspector;

3) class II prison inspector;

4) class I guard;

5) class II guard.

(2) The minister in charge of the policy sector shall establish the positions corresponding to each official rank of prison officers.

§ 113. Appointment to office of prison officers

(1) A citizen of the Republic of Estonia who has at least secondary education, full active legal capacity and who is proficient in Estonian to the extent established by law or on the basis of an Act may be appointed to a position of a prison officer.

(2) A vacant position of a prison officer may be filled without organising a competition.

(3) Upon appointment of a prison officer to office, the obligation of completing the preparatory service for prison officers corresponding to the official rank may be imposed on the officer.

(4) The obligation of completing of preparatory service for prison officers may not be imposed on a person who has a research degree or Master's degree or who has corresponding qualifications or a person who has worked as a judge, prosecutor, higher police officer, border guard official or official of the rescue service or as prison officer, or in a position of an official of the Prison Service of the Ministry of Justice and Digital Affairs for at least two years.

(5) The director of a prison shall be appointed to office for a term of five years.

(6) For the time of undergoing practical training, positions of apprentices may be provided for in the composition of the staff of a prison.

(7) A prison shall take care of instructing prison officers without previous experience of prison service in order to ensure their preparedness for the performance of their duties.

§ 113¹. Requirements for prison officers

(1) Prison officers must comply with the education, work experience, health and physical condition requirements established for performance of the duties of a prison officer and the requirements established for the person's knowledge, skills and personal characteristics.

(2) The requirements for the education, work experience, physical training, knowledge, skills and personality traits of prison officers and the procedure for assessing compliance therewith is established by a regulation of the minister in charge of the policy sector.

(3) The minister in charge of the policy sector shall established by a regulation the requirements for the position of the director of a prison and the procedure for his or her recruitment and choice, development and assessment.

§ 114. Persons who shall not be employed in prison service

(1) The following persons shall not be employed in the prison service in addition to the persons specified in § 15 of the Public Service Act:

1) who have been convicted of intentionally committed criminal offences, regardless of deletion of data concerning punishment;

2) who have served imprisonment sentences, regardless of deletion of data concerning punishment; or

3) who is a suspect or an accused in a criminal proceeding.

(2) The bases provided for in subsection 1 of this section shall also apply to persons who wish to commence studies in the area of specialization of a prison officer.

§ 115. Preparatory service for prison officers

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

(2) The prison officer candidates shall undergo preparatory service in agencies where the prison officer candidates participate in practical training and in an institution of applied higher education for public defence.

(3) The official title of a person undergoing preparatory service for prison officers shall be "prison officer candidate", except in the case when he or she is appointed to office as prison officer.

§ 116. Legal regulation of preparatory service

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

1) the time of participation in preparatory service shall be included in the length of service if the person entered into the service as a prison officer within three months as of the completion of preparatory service;

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

(3) A prison officer candidate may be appointed to office with the permission of the head of the corresponding educational institution and upon the existence of a vacant position in the prison. If there is no vacant position, the prison officer candidate shall be appointed to the position specified in subsection 6 of § 113 of this Act.

(4) The Public Service Act shall not apply to the service in the position of an apprentice specified in subsection 3 of this section, except the provisions in §§ 44, 50, 51, 53–57 and 60.

(5) The duties of employment prescribed in Division 4 and the social guarantees prescribed in Division 5 of this Act, except § 136 of this Act, apply to the service specified in subsection 3 of this section.

(6) Preparatory service for prison officers shall be concluded by passing the examination of prison officer or the defence of a final paper.

§ 117. Grants and other social guarantees of prison officer candidates

(1) A grant is paid to prison officer candidates, except in the case when a candidate is appointed to office as prison servant on the basis of subsection 3 of § 116 of this Act. The amount of the grant and the conditions of and procedure for payment thereof shall be established by the Government of the Republic or a Minister authorised by the Government of the Republic.

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

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

§ 118. Compensation for expenses of preparatory service

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

1) discontinues preparatory service without good reason;

2) is expelled from preparatory service for non-satisfactory performance;

3) is expelled from preparatory service due to the commission of a disciplinary offence;

4) fails to commence prison service or service in the Ministry of Justice and Digital Affairs within three months as of the completion of preparatory service, except in the case the person was not offered a position which corresponds to his or her qualifications;

5) is released from service as a prison officer or service at the Ministry of Justice and Digital Affairs on his or her own initiative without good reason;

6) is released from service as a prison officer or service at the Ministry of Justice and Digital Affairs upon entry into force of a judgment of conviction;

7) is released from service as a prison officer or service at the Ministry of Justice and Digital Affairs upon commission of a disciplinary offence.

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

1) have been in service as prison officers or service at the Ministry of Justice and Digital Affairs for at least three years after preparatory service or

2) is released from the service as a prison officer or service at the Ministry of Justice and Digital Affairs due to his or her established partial or no work ability or on his or her own initiative in connection with a need to care for a family member with partial or no work ability.

(2¹) A person who has been exmatriculated shall be issued a statement of the expenses of preparatory service based on what the expenses of the preparatory service shall be compensated for. A decision on refusal to compensate for the expenses, a statement of the expenses of preparatory service shall be regarded as an enforcement instrument for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure.

(2²) The limitation period for compulsory execution of claims collectable based on a statement of the expenses of preparatory service is three years. The limitation period shall commence as of receipt of the study costs enforcement instrument.

(3) The procedure for the calculation of and compensation for the expenses of preparatory service shall be established by a regulation of the minister in charge of the policy sector with the approval of the ministers in charge of the policy sectors.

§ 119. Preparatory service for different official ranks

(1) The preparatory service in the course of which a person acquires the secondary vocational education provided for in a ruling of the minister in charge of the policy sector or a qualification equal thereto corresponds to the official ranks specified in clauses 4 and 5 of subsection 1 of § 112 of this Act.

(2) The preparatory service in the course of which the person acquires professional higher education corresponds to the positions specified in clauses 1–3 of subsection 1 of § 112 of this Act.

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

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

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

(3) A director of a prison shall be appointed to office by the minister in charge of the policy sector.

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

§ 121. Probationary period

A probationary period with the duration of up to one year is applied to prison officers upon their appointment.

§ 122. Assessment of prison officers

Prison officers are assessed based on their knowledge, skills, personal characteristics, education, work experience and physical condition according to the requirements of the official ranks, and their service achievements.

§ 122¹. Physical condition requirements for prison service officers

(1) Prison service officers shall comply with the physical condition requirements set for prison service officers.

(2) The minister in charge of the policy sector shall established by a regulation the requirements for the physical condition, the conditions of and procedure for verification thereof.

§ 123

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§ 127. Promotion of prison officer

Promotion of a prison officer means appointment of the prison officer to a position of a higher official rank.

§ 128. Transfer of prison officers

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

1) on proposal of a prison officer; or

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

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

(4) A prison officer shall not be transferred without his or her consent pursuant to subsection 2 of this section if the change of position results in the change of residence of the officer or increases the time needed to reach work to a significant extent.

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

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

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

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

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

§ 129¹. Transfer of prison officer to position of head of structural unit of institution which provides education in area of correction

(1) A prison officer may be transferred to the position of head specified in subsection 2 of § 110 of this Act for up to five years, however not for more than two consecutive terms.

(2) Upon the expiry of the term provided for in subsection 1 of this section, a prison officer shall be transferred at his or her request to the same position or another position in the same official rank; if such position is not available, the officer shall be transferred to another position.

§ 130. Rights of prison officers in case of transfer to position in lower official rank

(1) A person appointed to a position in a lower official rank of prison officer has the right to:

1) be transferred to a position corresponding to the prison officer's former official rank if such position becomes vacant, in case the person meets the requirements set for the position;

2) receive remuneration during three months which corresponds to his or her former official rank.

(2) In the case prescribed in clause 1 of subsection 1 of this section, no competition shall be organised to fill a vacant position by way of promotion.

(3) A prison officer who is appointed to an official rank which corresponds to a lower position after he or she is declared unsuitable to meet the requirements set for his or her official rank shall not have the right prescribed in clause 2 of subsection 1 of this section.

§ 131. Regulation concerning career of prison officers

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

§ 132. Duty to maintain professional secrecy

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

§ 132¹. Issue and compliance with orders

(1) A prison service officer has the right to issue oral and written orders for performance of duties within his or her competence.

(2) An order shall be in accordance with laws and legislation established on the basis thereof.

(3) If the recipient of an order does not understand the order, he or she shall request explanations from the issuer of the order.

§ 132². Liability for compliance with orders

(1) The issuer of an order shall be liable for the consequences of compliance with the order.

(2) If the recipient of an order complies with an order which leaves the issuer of the order unclear, the person executing the order shall be liable for the consequences thereof.

(3) If the consequences of executing an order result in an act with the elements of a criminal offence in the first degree, both the issuer of the order as well as the recipient of the order shall be liable for the consequences of the execution of the order.

§ 133. Notification obligation

A prison officer is required to immediately inform the director of the prison or a higher prison officer present of any important matters which arise in execution of punishment and which concern compliance with the internal rules of the prison or security in the prison, and even of their observations concerning prisoners which may help to achieve the objectives of imposition of imprisonment. A prison officer is required to immediately inform a health care professional of illness, injury or intoxication of a prisoner or person in custody.

§ 134. Obligation to wear uniform

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

§ 135. Prohibition on participation in pressure activities

Prison officers shall not participate in strikes, pickets or other service-related pressure activities.

§ 135¹. Prison Service Code of Ethics

The minister in charge of the policy sector shall establish a code of ethics for prison service officers and employees.

§ 136. Definition of wages, basic wages and wage rate of prison officers

(1) The wages of prison officers are comprised of basic wages and additional remuneration provided by law and paid on the basis of the law.

(2) Basic wages are a sum of money arising from the wage rate determined for the officer and corresponding to the office of the prison officer.

(3) For the purpose of this Act, wage rate is a specific sum or range of sums.

§ 136¹. Remuneration of work of prison officers

(1) Wage rates of prison officers and the procedure of determining basic wages and payment of additional remuneration shall be established by a regulation of the minister in charge of the policy sector.

(2) The region, agency, qualification requirements, duties of the prison officer, work in the evenings or night-time and other circumstances shall be taken into account upon determining the wage rates.

(3) Basic wages may be reduced by up to 30% in the absence of professional preparatory service or respective education.

§ 136². Longevity pay

(1) Prison officer are paid longevity pay for the years of service as follows:

1) from 5 years of service – 5% of the lowest wage rate or established wage rate of the position;

2) from 10 years of service – 10% of the lowest wage rate or established wage rate of the position;

3) from 15 years of service – 15% of the lowest wage rate or established wage rate of the position;

4) from 20 years of service – 20% of the lowest wage rate or established wage rate of the position.

(2) In payment of longevity pay, the length of service in the positions specified in § 111 of this Act are taken into account. The maximum variable salary limit provided for in subsection 5 of § 61 of the Civil Service Act does not apply to the payment of remuneration for the years of service.

(3) Remuneration provided for in subsection 1 of this section may remain unpaid, or the amount thereof may be decreased during the time a disciplinary penalty of the prison officer is in force.

§ 136³. Remuneration of work of public servants working in prisons

The provisions governing remuneration of work of a prison officer shall apply to remuneration of work of public servants working in prisons.

§ 136⁴. Remuneration of prison officers referred to educational institutions

The service relationship of a prison officer referred to daytime study at the Estonian Public Service Academy shall be suspended for the term of study and the wages of the prison officer shall be retained for the term of study.

§ 137. Working and rest time of prison officers

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

(1¹) A prison officer is not subject to the restrictions provided for in subsections 1–3 of § 41 of the Civil Service Act, provided their work does not adversely affect the health and safety of the prison officer.

(3) Upon the recording of total working time, the number of working hours per day or shift different from the duration prescribed by the full working time may be applied; however, the duration of a working day or shift shall not exceed 12 hours.

(4) The minister in charge of the policy sector may establish a shift of up to twenty-four hours for prison officers who work in prisons on a 24-hour basis. In the case of a 24-hour shift, a prison officer shall be allowed a total of six hours for meals and rest time. The duration of rest time between shifts shall not be less than 12 hours.

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

(6) The working time schedule drawn up for the calculation of the summarized working time is notified to prison officers no later than five calendar days before the beginning of a calendar month.

§ 139. Working overtime

(1) A prison officer is required to work overtime in addition to as provided in subsection 1 of § 39 of the Civil Service Act in the following cases, including on a day off and on a public holiday:

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

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

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

4) where necessary for national defence or national security purposes.

(2) Prison officers are required to perform their tasks which do not fall within their duties in the case provided for in clause 1 of subsection 1 of this section.

(3) The prison service shall pay additional remuneration for working overtime which is equal to one and a half times the hourly wages rate of a prison officer or shall compensate for overtime work by granting time off.

(4) With the consent of a prison officer, their working time, including overtime, may be on average 52 hours per seven-day period over a reference period of up to four months, provided that the health and safety of the prison officer is not adversely affected. This consent is given by a prison officer in a form reproducible in writing. The prison officer may withdraw their consent at any time. Information on working time accounting and consent of the prison officer is entered into the state personnel and payroll database.

§ 140. Holidays of prison officers

(1) A holiday of a prison officer may be interrupted and the prison officer may be asked to return to the service with their consent but not more than twice during one holiday. No consent is required for interruption of a holiday where a prison officer's holiday is interrupted by the director of a prison in the case provided for in clauses 1 and 4 of subsection 1 of § 139 of this Act.

(2) In justified cases, a prison officer may be granted an additional paid holiday of up to ten calendar days annually.

(3) The requirement of additional holiday provided for in clause 2 this subsection and clause 2 of subsection 2 of § 151 expires within one year of the end of the year of service for which the additional holiday is calculated. The expiry of the requirement of additional holiday is not suspended under any circumstances. Unused and unexpired additional holiday days are not compensated in money.

§ 141. On-call time

(1) During on-call time, prison officers shall be available in agreed locations for the performance of unforeseeable or urgent duties. Application of on-call time shall be based on § 38 of the Public Service Act with the specifications provided for in this section.

(2) The duration of on-call time shall not exceed 250 hours per month and these hours are not included in working time.

(3) Additional remuneration of up to 10 per cent of the minimum wages rate of an officer may be paid for on-call time.

(4) The procedure for and cases of payment of additional remuneration shall be established by a regulation of the minister in charge of the policy sector.

(5) The part of on-call time during which a prison officer performs his or her duties is considered his or her working time. In such case the requirement concerning consecutive rest periods provided for in subsections 1–3 of § 41 of the Public Service Act shall not be applied to a prison officer provided that in the case of working more than 13 hours within a period of 24 hours additional free time shall be granted to the prison officer within a reasonable period of time which equals to the number of hours worked in excess of 13 working hours.

§ 143. Compensation for proprietary damage

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

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

§ 144. Guarantees upon transfer without consent

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

(1¹) If the term provided for in subsection 1 is not observed, the prison officer shall be paid his or her former wages for each working day short of the term of notice.

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

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

The time during which a prison officer works in the position specified in subsection 1 of § 129 of this Act shall be deemed to be equal to the time of service in a position in his or her official rank in a prison.

§ 146. Medical examination of prison service officers

(1) The objective of the medical examination of prison service officers is to detect the health disorders caused by their service, reduce and prevent health risks and establish the absence of health disorders which hinder the performance of duties imposed on prison service officers.

(2) Prison service officers' medical examinations, service-related medical check-ups and vaccinations and the medical examinations of persons who apply to the prison service or to study in the area of specialisation of a prison officer are covered from the state budget funds.

(3) The health examinations of prison service officers are organised and the issue of health certificates are issued by occupational health doctors, engaging medical specialists, if necessary.

(4) The health requirements of a prison service officer and the procedure for the medical examination and the content and form of the medical certificate are established by a regulation of the minister in charge of the policy sector.

(5) The health requirements and medical examination procedures of a prison service officer also apply to persons wishing to study the profession of a prison officer and the prison service staff whose main duties relate to a person detained in prison or a probationer or who, in the performance of their main duties, have daily contact with a person detained in prison or a probationer.

§ 146¹. Guarantees of social welfare officers

The guarantees provided for in §§ 142, 143 and 146 of this Act shall extend to social welfare officers of prisons.

§ 147. Uniform of prison service officers

(1) Prison service officers shall be provided with uniforms free of charge.

(2) The list of the offices in the prison service with the obligation to wear a uniform, the description of and procedure for the wearing of uniforms and the description of distinguishing marks and procedure for wearing thereof shall be established by a regulation of the minister in charge of the policy sector.

§ 148. Disciplinary authority

An official authorised to appoint a prison officer to office has the authority to impose a disciplinary penalty on the prison officer. The minister in charge of the policy sector or an official appointed by him or her has the authority to impose a disciplinary penalty on prison officers.

§ 149. Disciplinary liability

The disciplinary liability regulations provided for in Chapter 8 of the Public Service Act shall apply to prison officers with the specifications provided for in this Act.

§ 150. Disciplinary penalties

(1) Disciplinary penalties imposed on prison officers for the commission disciplinary offences are:

1) reprimand;

2) reduction of basic wages by up to 30 per cent for up to six months;

3) transfer to a lower official rank by one rank or to a position of a lower rank for the term of one year on the basis of clause 2 of subsection 1 of § 128 of this Act;

4) release from service pursuant to § 94 of the Public Service Act.

(2) § 144 of this Act shall not be applied upon imposition of the disciplinary penalty specified in clause 3 of subsection 1 of this section and one year after this the prison officer has the right to get back the former official rank or position upon the existence of a vacant position.

§ 151. Incentives

(1) Incentives may be awarded to prison officers or employees or other persons for outstanding performance of employment duties or civil duty or for long-time excellent service. An official authorised to appoint prison officers to office and the minister in charge of the policy sector have the authority to award incentives. A prison officer's cross of merit is awarded and handed over by the minister in charge of the policy sector.

(2) The following incentives may be awarded to persons specified in subsection 1 of this section:

1) expression of thanks;

2) grant of additional paid holiday in the annual amount of up to 10 calendar days;

3) grant of a monetary award;

4) a valuable gift;

5) award of a certificate of honour;

6) award of a prison service cross of merit;

7) award of a prison officer's service medal.

(3) The minister in charge of the policy sector establishes by a regulation the description of the prison service cross of merit and prison officer’s service medal and the procedure for awarding, wearing and withdrawal of service medals.

§ 152. Release from service due to age

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

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

(3) If a prison officer is suitable to continue to serve in prison due to his or her state of health and has granted his or her consent to continue service, the official authorised to appoint the given prison officer to office may extend the time of service of the prison officer.

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

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

§ 154. Release from service upon occurrence of unforeseen circumstances and unsuitability for position or official rank

(1) Prison officers are released from service due to occurrence of unforeseen circumstances under the conditions and pursuant to the procedure provided for in § 92 of the Public Service Act.

(2) A prison officer shall be released from service due to unsuitability for position if he or she fails to complete the preparatory service which was the condition for appointment to office during the prescribed term.

§ 154³. Specifications for release from prison service due to circumstances that would preclude person from being taken into prison service

In the case of release of a person from the prison service due to any circumstances which would preclude their taking into the prison service, clause 3 of subsection 1 of § 114 of this Act does not apply.

§ 154⁴. Temporary removal of prison service officer from service

(1) Prison service officers may be temporarily removed from service where the circumstances specified in clause 3 of subsection 1 of § 114 of this Act occur and where failure to remove the person from the service may endanger the security or order of the prison or the enforcement of the punishment.

(2) Temporary suspension is formalised in an administrative act.

(3) During the time when a prison service officer is removed from the service on the basis of subsection 1 of this section, they are paid 60 percent of their average salary but not less than the minimum salary established on the basis of subsection 5 of § 29 of the Employment Contracts Act.

(4) A prison service officer is paid any unpaid salary retrospectively immediately after the administrative act of removal from service is revoked.

§ 156. Detention in houses of detention

(1) Detention houses are custodial institutions which are staff units of the Police and Border Guard Board and which organise the imposition of custody pending trial and detention.

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

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

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

(5) The minister in charge of the policy sector shall approve the internal rules for detention houses.

(6) The escort and supervision of persons in custody and detained persons in a house of detention shall be provided by the Police and Border Guard Board.

§ 157

–

§ 164

[Omitted from this text.]

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

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

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

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

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

Prison officers specified in § 165 of this Act shall be appointed to official ranks pursuant to a regulation issued by the minister in charge of the policy sector based on subsection 2 of § 112.

§ 167¹. Repeal of grades of prison service

(1) The grades of prison service established for prison officers are repealed.

(2) If wages calculated on the basis of § 136¹ this Act are lower than the former wages of a prison officer, he or she shall retain the former wages.

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

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

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

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

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

(3) The provisions of subsection 2 of § 113 of this Act do not apply in the appointment to office and promotion of prison officers before 1 July 2007.

§ 169¹. Appointment of directors of prisons to office

Directors of prisons who were appointed to office before 1 February 2007 shall be appointed to office for a specified term as of 1 February 2007 with their consent.

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

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

§ 170¹. Acquisition of activity licence necessary for provision of specialised medical care

For provision of specialised medical care, prisons are required to acquire an activity licence conforming to the provisions of subsection 1 of § 21 and subsection 2 of § 22 of the Health Care Services Organisation Act not later than by 1 July 2007.

§ 171. Specifications for appointing of social workers to office

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

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

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

§ 172¹. Specifications for application of § 44 of this Act

A prisoner for whom an amount exceeding the amount equal to three times the minimum wages established by the Government of the Republic has been deposited as a savings fund may use the money deposited in excess of the established amount inside the prison in accordance with the limit prescribed, use it for the satisfaction of monetary/financial claims, send it to his or her family members or dependants or transfer it to his or her bank account.

§ 172². Specifications for application of subsection 3 of § 113 of this Act

The obligation of completing of preparatory service shall also not be imposed on a person who has worked as a senior police officer, border guard official or official of the rescue service or as prison officer for at least two years and who has been appointed to office before 1 February 2007.

§ 172³. Specifications for application of § 119 of this Act

Subsection 1 of § 119 of this Act also applies to persons who have completed the basic training of junior prison officers in 1998–2000.

§ 172⁴. Specifications for application of §§ 136¹ and 136³ of this Act

As of 1 March 2009 until 31 December 2010, the Government of the Republic may reduce the wage rate and differentiation applicable to prison officers and public servants working in prisons approved by a regulation of the Government of the Republic. The Government of the Republic need not increase the wage rate and the differentiation to the former level thereof after 31 December 2010.

§ 172⁵. Specifications for application of subsection 4 of § 105¹, subsection 2 of § 114 and subsection 8 of § 114¹ of this Act

The persons specified in subsection 4 of § 105¹, subsection 2 of § 114 and subsection 8 of § 114¹ of this Act who are in the prison service, work in a prison or in preparatory service for prison officers and have not filled in the form concerning their personal data shall submit the form concerning their personal data at the latest by 1 April 2013 to the Prison Department of the Ministry of Justice or a prison.

§ 172⁶. Person with permanent incapacity for work

The condition of partial incapacity for work provided for in clause 2 of subsection 2 of § 118 of this Act shall be considered met in case of a prison office who has been established to have partial incapacity for work on the basis of the State Pension Insurance Act. The condition of no work ability provided for in clause 2 of subsection 2 of § 118 of this Act shall be considered met in case of a prison office who has been established to have total incapacity for work on the basis of the State Pension Insurance Act.

§ 172⁷. Specifications of placement to prison of person specified in subsections 1 and 2 of § 3 and subsection 2 of § 4 of this Act

(1) A possibility provided in this Act to place an intoxicated person taken to recover from intoxication on the basis of the Law Enforcement Act to a prison is applied only in the Tartu prison and Viru prison.

(2) Up to 31 March 2025, a possibility provided in this Act to place a person punished by detention, and person detained for up to 48 hours, a person subjected to compelled attendance or an intoxicated person taken to recover from intoxication to a prison is applied only in the Tartu prison and Viru prison.

§ 172⁸. Release of director of prison from service upon expiry of term of service

The director of a prison appointed before 1 July 2022 is paid a compensation in the amount of six months' salary when they are released upon expiry of their term of service.

§ 172⁹. Personal file of prisoner, person held in custody or person detained in prison

From 1 June 2024, no personal file is opened for a prisoner, person held in custody or detained person arriving in prison and the data provided in §⁵³ of this Act are entered in the prison register. Where the personal file has already been opened, it is kept for three years after the end of the term of punishment or the death of the person. Personal files are archived in accordance with the rules provided on the basis of § 13 of the Archives Act.

§ 173. Entry into force of Act

This Act enters into force on 1 December 2000.