opcat inspections 2011–2014
LVM
A decision to impose compulsory care pursuant to the LVM is to be made if
a person, as a result of ongoing misuse of, for example, alcohol or drugs, is in
need of care to get away from their misuse, and the care requirement cannot
be met with the support of the provisions of the Social Services Act. A decision to impose compulsory care is to be made if the individual, as a result of
their misuse, is subjecting their physical or mental health to serious danger.21
A decision to impose compulsory care is made by the administrative court.
It is social services that investigates the individual’s care requirement and
applies for compulsory care.22 Social services can take the individual into care
pending the administrative court’s examination of the care application, e.g.
if it is not possible to wait for the court’s decision due to the potential for a
serious deterioration in the individual’s state of health if he or she does not
receive immediate care.23
Act (1998:603) on the enforcement of institutional care of young persons (LSU)
If someone has committed an offence before he or she has reached the age of
eighteen and the court finds that the sanction of prison should be imposed,
the young person shall, according to the main rule, instead be sentenced to a
period of institutional care. The period of institutional care of young persons
is no less than fourteen days and no more than four years. Institutional care
of young persons is to take place at an LVU home (see below). The National
Board of Institutional Care is responsible for enforcement.24
Special residential homes for young people and LVM homes
For the care of young persons who are in care pursuant to Section 3, LVU and
who need to be under particularly close supervision, there shall be special
residential homes for young people (referred to below as LVU homes). Compulsory care pursuant to the LVM is provided by means of LVM homes. For
substance misusers who need to be under particularly close supervision, there
shall be LVM homes adapted for such supervision. The need for LVU and
LVM homes is to be satisfied by central government. It is the National Board
of Institutional Care (SiS) that operates these homes. The responsibility of
SiS includes the planning, management and operation of the homes and the
allocation of places at the homes.25
21 Section 4, LVM
22 Sections 5 and 7, LVM
23 Section 13, LVM
24 Chapter 32, Section 5 of the Swedish Penal Code, Sections 1 and 3, LSU
25 Section 12, LVU, Sections 22–23, LVM, Chapter 6, Section 3 of the Social Services Act (2001:453) and Sections 1
and 2 of the Ordinance (2007:1132)
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