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) 31

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