-
ensuring that detainees are separated according to the basis of the measure being
enforced;
-
providing premises and equipment enabling arrangements to be made for the
professionally appropriate restraint of a violent person towards himself or other
persons;
-
adequately constructed, arranged, equipped and secured sleeping and resting,
living, therapeutic and exercise facilities for detained persons, allowing for the
treatment and physical, technical, communication and personal protection of
detained persons in accordance with the requirements of the psychiatric,
penological and security professions;
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the adequate number, competence and experience of the medical staff providing
treatment and the competence and equipment of the judicial police officers
providing security for persons subject to a security measure.
In addition to the security measure of compulsory psychiatric treatment and care in a
health care institution, the forensic psychiatric units may during the proceedings also
carry out detention and observation for the purpose of drawing up a psychiatric expert
opinion on the mental capacity or the capacity to participate in the proceedings, as well
as psychiatric hospital treatment of convicted persons.105 According to the interviewed
judge, detention of persons who are subject to proceedings for the application of security
measures is always carried out at the forensic psychiatric unit.106
The implementation of the security measure is further defined by the Rules on the
implementation of safety measures including compulsory psychiatric treatment and care
in a health care institution and of compulsory psychiatric treatment without detention
(the “Rules”).107
The Rules address the persons subjected to the security measures as patients. In
accordance with the Rules, patients are admitted to a forensic psychiatric unit on the basis
of a decision of the court which has imposed the security measure, accompanied by an
105
Article 151(5) of the Enforcement of Criminal Sanctions Act (Zakon o izvrševanju kazenskih
sankcij), 23 February 2000.
106
Interview with a judge.
107
Rules on the implementation of safety measures including compulsory psychiatric treatment
and care in a health care institution and of compulsory psychiatric treatment without detention
(Pravilnik o izvrševanju varnostnih ukrepov obveznega psihiatričnega zdravljenja in varstva v
zdravstvenem zavodu in obveznega psihiatričnega zdravljenja na prostosti), 25 April 2016.
36
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