Item 3 In this mess
“Place of detention” means a place of detention under the law on corrections.
“Superintendent of the detention facility” means the prison commander who is responsible for supervising the detention facility.
“Administrator of the detention facility” means
(1) Civil servants, government employees or government officials. which the Director-General has assigned to perform the duty of supervising Take care of and be responsible for prisoners who are permitted to be detained in detention facilities or
(2) Owner or possessor of the place of detention. which has given consent and accepted to comply Conditions that include the advice of officials as set out in these regulations.
“Working group” means the working group considering detention in detention facilities; “Director General” means the Director General of the Department of Corrections;
Item 4 There shall be a working group called The “Working Group Considering Detention in Detention Sites” consists of the Deputy Director-General who oversees the Penology Division as the chairman. Director of the Division of Penology Director of the Division of Correctional Practices Director of Behavioral Development Division Director of Medical Services Division and the Director of the Legal Division and outsiders appointed by the Director-General from 1 person with expertise in public health and 1 person in social welfare or industry as a working group, with the Director of the Measures Group control prisoners Under the Department of Penology is a working group and secretary and civil servants under the Department of Penology No more than 2 people will be assigned as assistant secretaries.
The working group under paragraph one shall have the following powers and duties.
(1) Consider and screen the confinement of underprivileged prisoners in detention facilities. and the revocation of detention is submitted to the Director-General for approval.
(2) submit opinions or other suggestions regarding detention in detention facilities to the Director-General At a meeting of the working group under paragraph one, there must be a meeting of not less than half of the working group. Therefore there will be a quorum.
The final decision of the meeting shall be made by a majority vote. One working group has one vote in voting. If the votes are equal, the chairman of the meeting shall cast an additional vote as the deciding vote.
Item 5 The Director-General of the Department of Corrections shall oversee the implementation of this regulation. and to have the power to decide on problems about practice Including issuing additional criteria or conditions. In order to comply with this regulation
Section 1 Place of detention
Item 6 The confinement of prisoners in detention facilities may only be carried out for the purpose of and in the detention facility as follows
(1) Compliance with the classification and segregation system. by confinement in a residential facility A place for control, confinement, or quarantine according to government law that is not a prison.
(2) Implementation of the behavior development system By being confined in a government office or a place that is used by government agencies or government agencies to provide public services. Educational institutions according to the law on national education Objects according to the law regarding the Sangha Mosques according to the law governing Islamic religious organizations, offices or private establishments Foundation office shelter or a place used for social welfare Whether it is government or private.
(3) Medical treatment for prisoners By confinement in a type of hospital that accepts patients overnight.
(4) Preparation before release By being confined in a detention facility under (1), (2), or (3).
Item 7 Places of detention according to these regulations must have the following characteristics:
(1) Real estate case Must have a house registration and house number according to the law on civil registration.
(2) In the case of a building or structure, there must be a building number, room number, letters or any other symbols. that can specify the location of the said building or structure, which location in the real estate, and the said building or structure must have a house registration and house number according to the law on civil registration
(3) Able to set location or coordinates for using electronic devices.
Determination and dissolution of places of detention under paragraph one To be as determined by the Director-General.
Announcement in the information system of the Department of Corrections The details are as follows:
(1) What purpose is it a place of detention? and is of any type as specified in the Ministerial Regulations. which was issued in accordance with Section 33 of the Corrections Act B.E. 2017
(2) Address and house number specified in the house registration, building number, room number, any other letters or symbols. After reading it, one can understand where the said detention facility is located.
(3) A map showing the territory of the said detention facility.
(4) Name and surname of the caretaker of the detention facility.
In the case where the place of detention under paragraph one has a clearly defined territory in accordance with other laws, such determination of territory may be taken as the territory under these regulations.
For the benefit of prison and detention facilities of the Department of Corrections The Director-General will determine Any place may be a place of detention in advance.
Section 2 Qualifications of prisoners to be considered sent out to be detained in a place of detention
Item 8 Prisoners who will be considered for selection to be held in detention facilities. Must have qualifications
(1) is a prisoner under the correctional law
(2) through classification of prisoner characteristics or review of treatment plans for individual prisoners; and the working group to classify the characteristics of prison inmates agreed that a plan for the treatment of prisoners should be established. Individuals shall be detained in a detention facility in accordance with these regulations.
(3) Have specific qualifications and do not have prohibited characteristics as specified in the announcement specifying specific qualifications. Prohibited characteristics and methods of confinement in detention facilities for each group of prisoners of the Department of Corrections.
Item 9 Prisoners who meet the qualifications in Section 8 and have the following characteristics will not be considered. Selected to be imprisoned in a detention facility.
(1) There is a punishment of detention instead of imprisonment. Detention in lieu of fine There is a fine which has not been paid or must be detained according to court order after the sentence has been completed. Whether in this case or other cases
(2) is undergoing disciplinary action or be subject to disciplinary punishment
Section 3 Consideration
Article 10 Removing prisoners to confinement in detention facilities according to these regulations Let the working group classify Characteristics of prison inmates are screened and presented to the prison commander.
Article 11 Have a working group to classify the characteristics of prison inmates, check the qualifications of inmates who have the qualifications according to Section 8 and are not prohibited according to Section 4, and examine the facts, including information on prosecutions which are being considered by the court in other cases. History and behavior before being convicted History of violence or use of violence within the family History of drug involvement History of sexual offenses Changing or moving residence Behavior while incarcerated and other details as far as can be gathered and consider whether such prisoners are suitable to use the method of confinement in a detention facility or not. In cases where it is deemed appropriate to be detained in a detention facility What are the details of the plan for treating prisoners? Are there any conditions to follow or prohibitions? And what are the rules that the administrator of the detention facility must follow? Including the consent of the administrator of the detention facility. Then submit it to the prison commander for consideration.
Article 12 When the prison commander receives the opinion of the working group to classify the characteristics of prison inmates Consider taking the following actions:
(1) In the case where the prison commander considers and sees the Propose a plan for treating prisoners. individual by being confined in a detention facility Let the Department of Corrections consider.
(2) In the case where the prison commander considers and does not agree to return the matter. In this case, do not propose The prison commander will reconsider until 5 months have elapsed from the date the matter was returned. and has been reviewed There is a plan for treating individual prisoners.
Article 13 In the consideration of the working group according to item 4, the following reasons should be taken into account together.
(1) Are such prisoners suitable to be confined in a detention facility rather than a prison?
(2) Circumstances before being punished and while being punished
(3) Risk of repeat offenses
(4) Escape risk
(5) Impact on society or community
(6) Appropriateness of the plan for treating prisoners. Conditions to follow or prohibitions for prisoners and rules of conduct of detention facility administrators.
(7) The convenience of the prison in supervising and inspecting the place of detention.
(8) Suitability of the place of detention
The working group shall have the authority to seek facts and gather evidence as appropriate. without having to rely on the documents offered by the prison In this case, the prison commander will be invited. A person nominated as a caretaker of a detention facility or an expert in any field will provide additional factual details. This will be done via telephony. electronic methods or any method in order to achieve speed.
When the working group deems it appropriate to have any prisoner confined in a detention facility. Propose to the Director-General To consider and approve such prisoners to be confined in a detention facility. And when the Director-General approves, the map shall be determined. and the territory of the said detention facility and announced in the information system of the Department of Corrections
Section 4 Detention in a detention facility
Article 14 When the Director-General approves any prisoner to be confined in a detention facility. The prison commander who submitted the matter shall be the superintendent of the place of detention. Has the following powers and duties:
(1) Supervise prisoners and administrators of detention facilities.
(2) Assign prison officials to inspect the place of detention.
In cases where the detention facility is so far from the prison location that it is not possible to effectively supervise the transfer of such prisoners to the prison closest to the detention facility. before being sent to a detention facility and in this case, the commander of the prison transferring the prisoner shall supervise the place of detention instead.
Article 15 When a prisoner has been detained at a detention facility The caretaker of the detention facility shall have the following duties:
(1) In the case where the administrator of the detention facility is a government official Government employees or government officials assigned by the Director-General to have supervisory duties and provide advice to inmates to behave according to the conditions and not violate the prohibitions that have been established. including reporting to the superintendent of the detention facility at least once a week
(2) In the case where the owner or occupant of the place of detention is the caretaker of the place of detention. Must take care of prisoners To behave according to the conditions and not violate the specified prohibitions. Must comply with the conditions on their part that have been given consent. Must allow prison officials to inspect the place of detention. Including the need to display still images or moving images. of prisoners in detention facilities when requested by officials
Section 5. Revocation of detention in a place of detention.
Article 16 The working group may propose to the Director-General to revoke detention in a detention facility in the following cases:
(1) The prisoner does not comply with the conditions or violates the prohibitions of confinement in the detention facility.
(2) There is a violation of Article 15 (2) of this Regulation.
(3) There is a reason that prevents the place of detention from being used for detention. or the administrator of the detention facility cannot Can no longer take care of the detention facility
(4) The grounds for consideration in imposing confinement in a detention facility have disappeared. or has been corrected By other means
When there is reasonable cause to believe that there is a case under paragraph one The superintendent of the detention facility will bring the prisoner back. Immediately imprisoned in prison Then submit a report to the Department of Corrections.
In addition to the reasons in paragraph one The working group may recommend to the Director-General the revocation of detention in a detention facility. When considering the reasons, necessity and benefits of the government. Before the prison sent the inmates to confinement in a place of detention This reservation of rights must be informed to inmates at all times.
Article 17 In considering Article 16, the working group shall have the authority to seek facts and collect Evidence can be given as appropriate. and present opinions to the Director-General for consideration and ordering In this regard, Section 33, paragraph two, shall apply mutatis mutandis.
In submitting opinions to the Director-General to revoke detention according to Article 16 (1) and (2), if the working group is of the opinion that the conditions are not complied with. violation of prohibitions or the violation of Article 35 (2) was not caused by an intentional act. It may be proposed not to revoke confinement in the detention facility and to have the prison expel the prisoner or the administrator of the detention facility instead.
In revoking detention according to Article 16 (3), if the prison proposes a new detention facility instead of the full one. or a new administrator of the detention facility in place of the old one The working group will propose a suspension of revocation and a resolution to be held in a new detention facility. or under the supervision of a new administrator of the detention facility in his place
Article 18 The revocation of confinement in a detention facility shall be effective from the day the prisoner is taken to be confined in the prison onwards. and have the prison proceed as follows:
(1) The period of confinement in a detention facility shall be counted as the period of imprisonment.
(2) In the case of revocation according to Section 16 (1), disciplinary action shall be taken against the prisoner as well.
Section 6 Miscellaneous
Article 19 In the case of a serious incident that may cause danger to the body or life of the detained prisoner. in a place of detention The prison commander may assign a prison officer to keep the person in prison until The said event may be ended. In this case, it shall not be considered as revocation of detention in the place of detention.
Article 20 Announcement of specific qualifications Prohibited characteristics and methods of detention in detention facilities For each group of prisoners of the Department of Corrections according to Section 8 (3), the following items must be present:
(1) Specific qualifications and prohibited characteristics of prisoners who will be detained in detention facilities according to this announcement, such as punishment, determination of remaining sentence, age, illness, behavior, etc.
(2) Documents that the prison must provide
(3) Conditions and prohibitions for both the prisoners and the caretakers of the detention facility. Including rules, methods and conditions for using electronic devices. In the event that it is appropriate The Director-General may specify additional items in the announcement other than those specified. in the first paragraph
Announced on December 6, 2023
Details of the circular on the place of detention (Click to read here.)
2023-12-11 05:24:47
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