APPENDIX Dnr O 7-2018 Page 7 (15) Segregation with no basis in law This section addressed the following issues: a) b) c) How many times in 2018 did situations arise where the Prison and Probation Service kept inmates in segregation with no basis in law? What measures does the Prison and Probation Service take when such situations arise? How does the Prison and Probation Service measure association and follow up on measures for this category of client? The representatives of the Prison and Probation Service stated that, even though the premise in the correctional regime is that inmates should associate with other inmates, the agency also has an overall responsibility for the safety and security of inmates. The Prison and Probation Service has an effective intelligence department that monitors any problems that may arise due to gang membership, etc. The agency's assessment of suitability and security prior to placing an individual into association focuses on groups who cannot be placed in association, e.g. men and women together, migration detainees who are placed in the Prison and Probation Service without a decision on deportation. Gang membership is also taken into account. On the other hand, the behaviour of an inmate should not be a prerequisite for placement in association.5 Previously, this was included in the Prison and Probation Service's handbook, however it has since been removed. Cooperation with other authorities in the judicial system – which means that an inmate should be located geographically close to investigating authorities – limits the Prison and Probation Service's ability to move an inmate without restrictions to another remand prison so as to be placed in association. Therefore, there is segregation with no basis in law. The possibilities for transfer increase when an inmate is further on in the judicial process. Prior to the meeting, the Prison and Probation Service had stated that it could not provide information regarding question a) above. According to the representatives of the Prison and Probation Service, the agency does not make decisions in these cases. Therefore, it is not possible to extract such statistics from the system. There is now a requirement that these situations must be documented in the remand prison plan. The documentation must state for what reason an inmate cannot be offered association.6 This information is required to See the Prison and Probation Service's handbook on association and segregation in remand prison (2018:13) p. 6. See the Prison and Probation Service's handbook on association and segregation in remand prisons, p. 6. 5 6 – 73 – B