RESTRIC TIONS ON VISITS AND LEAVE 6.2 Opportunities for leave The question of the restriction of people deprived of their liberty’s opportunities to spend time outside the institution where they are currently placed only came up in the investigations of the Prison and Probation Service and the National Board of Institutional Care. Inmates in the Prison and Probation Service’s remand prisons and prisons may, under certain conditions, be granted leave. An inmate in a prison or remand prison may also, on special compassionate grounds, be granted permission to stay outside the prison or remand prison for a certain short period of time (special leave).10 Residents in the National Board of Institutional Care’s institutions can, under certain circumstances, be held in a closed unit or in some other way set up for particularly close supervision (care in a closed unit). These residents must be given the opportunity to spend time outdoors on a daily basis and be given the opportunity to engage in physical activity or other leisure activities.11 The type of outdoor activities, exercise or leisure activities offered to a resident must be assessed in each individual case with regard to treatment and safety considerations.12 A young person who has been sentenced to secure youth care must begin the enforcement of the sentence in accordance with the Enforcement of Secure Youth Care Act at a closed unit in a special residential home for young persons and must be given the opportunity to engage in activities, stimulation and have outdoor access. As soon as the circumstances allow, a young person serving their sentence is to be given the opportunity to reside in a 10 Chapter 14, Section 1 first paragraph of the Prisons Act and Chapter 7, Section 3 first paragraph of the Remand Prisons Act. 11 Section 34 of the Care of Abusers Act and Sections 15–15 b of the Care of Young Persons Act. 12 See Government Bill 2017/18: 169 p. 113. 6 more open manner. This person is to be allowed to spend time outside the special residential home for young people upon fulfilment of certain conditions.13 The Prison and Probation Service In the first version of the new annex (Annex 7) to the Prison and Probation Service’s health and medical care handbook, there was a special routine which meant that inmates were only allowed to leave if absolutely necessary. According to this routine, already granted leave would be postponed and new decisions on granted leave would contain information that the date for leave would be announced at a later date. According to the management of the Prison and Probation Service, the described scheme meant that leave applications were “piling up”. As this was perceived as unsatisfactory, the routine was changed on 17 March 2020, and thereafter all applications for leave that were not deemed absolutely necessary were rejected. Permits already granted were revoked. Parliamentary Ombudsman Katarina Påhlsson stated that the change in the routine appeared to be appropriate, as there was, therefore no doubt that an inmate could request a review and appeal the Prison and Probation Service’s decision. According to the first version of Annex 7, all new decisions to grant leave would include a statement that any leave would be granted only when the Public Health Agency of Sweden The Prison and Probation assessed the risk of the spread of the Service must make an individisease posing a dual assessment of each and danger to the geevery application for leave neral public as low, and that the date for any leave would, therefore, be announced at a later date. Based on this information, Parlia13 Sections 12, 14 and 18 of the Enforcement of Secure Youth Care Act. – 45 –