It is registered in the state register of regulatory legal acts Republic of Kazakhstan for N1723

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 11, 2001 No. 154

About approval of the Instruction on the organization of supervision of persons containing in correctional facilities of the Ministry of Justice of the Republic of Kazakhstan

List of amending documents

For the purpose of enhancement of activities of correctional facilities of the Ministry of Justice of the Republic of Kazakhstan I order:

1. Approve the enclosed Instruction on the organization of supervision of persons containing in correctional facilities of the Ministry of Justice of the Republic of Kazakhstan.

2. To provide to committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan strict management of this Instruction in practical activities.

3. To impose control of execution of this order on the Chairman of Committee of penal correction system of the Ministry of Justice of the Republic of Kazakhstan.

4. The order becomes effective since January 1, 2002.

It is approved Prosecutor General's Office Republic of Kazakhstan

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of December 11, 2001 No. 154

The instruction on the organization of supervision of persons containing in correctional facilities of the Ministry of Justice of the Republic of Kazakhstan

Chapter 1. General provisions

1. Supervision is one of means of ensuring of established procedure of serving sentence by convicts.

2. The organization and management of service of supervision is assigned to the deputy chief of correctional facility on the mode. In case of execution of tasks on supervision the staff of correctional facilities (further - IU) is forbidden to come to convicts and their relatives into contacts which are not provided by their functional obligations.

3. Supervision in IU is system of the measures aimed at providing process of execution of criminal penalty in the form of imprisonment by constant control behind behavior of convicts in places of their placement and work, the prevention and suppression of their illegal actions, ensuring isolation, and also safety of convicts and staff of administration of IU.

4. Supervision in IU includes:

1) permanent observation of behavior of convicts for the purpose of prevention and suppression of making by them of new crimes and other antisocial conducts;

2) ensuring accomplishment by convicts of daily routine, the obligations provided by Regulations of correctional facilities (further - Regulations);

3) implementation of the set access control between the residential and production zones isolated by sites, workshops and other objects, condemned procedure for movement, carrying the provided dress code control of observance;

4) carrying out verifications of presence of convicts in places of their placement and work;

5) control of operability of engineering obstacles and means of blocking of underground communications and constructions, the isolated sites, the looked-through corridors, and also behind condition of the internal prohibited area and 15 and 50-meter strips adjoining to it. Performance of works, within this territory, are performed only under approval and under the direction of regime department IU;

6) suppression of use by convicts not to destination industrial equipment, working tool, electric power, raw materials and materials, and also prevention of unauthorized construction by them of different structures, cases, storages;

7) carrying out searches of convicts, rooms, and also surveys of the territories of living areas and production facilities, withdrawal of objects, products and substances which storage is forbidden to convicts;

8) control of behavior of the convicts having the movement right without convoy or without maintenance and also convicts to whom according to the law accommodation out of IU is authorized;

9) providing procedure for holding appointments to relatives and other persons, control of maintaining telephone negotiations;

10) examination, check and issue of the sending, transfers and parcels post arriving to convicts;

11) escort of vehicles on the object territories, control of handling works;

12) control of observance by persons working at objects of IU, established procedure of relations with convicts, carrying out in necessary cases of examination of things and clothes of these persons in case of entrance on objects IU and exit from them;

13) providing established procedure of serving sentence condemned in rooms of chamber type (further - PKT), penal insulators (further - ShIZO), disciplinary insulators (further - DIZO), strict conditions and solitary confinements;

14) it is excluded

15) prevention and suppression of escapes, nepovinoveniye, intentional causing to of any damage, hooligan actions, other crimes and violations of the mode by convicts;

16) providing procedure and conditions of serving sentence of newcomers of convicts in quarantine rooms;

17) application in necessary cases of physical force and special means;

18) survey of appearance of convicts;

19) monthly inspection of technical means of protection (further - ITSO), systems of video surveillance and elimination of the revealed shortcomings;

20) ensuring maintenance on the territory of IU of employees of the civilian and the certified female structure.

5. Supervision of convicts in medical IU and colonies settlements is performed according to the procedure, established by this Instruction. Features of supervision are reflected in respect of supervision and the sheet to posts (appendix 2).

6. For ensuring protection and supervision of convicts, being on treatment in treatment and prevention facilities of bodies of health care, in coordination with administration of medical institution, the isolated chamber which is equipped with folding means of protection is allocated, the plan of protection in which the procedure for accomplishment and the organization of service, obligation, structure, order of interaction and actions in case of emergencies are considered is developed.

The decision for the direction of the convict on treatment in medical institution of bodies of health care is made by the chief of IU, or his face replacing with the obligatory notification of management of territorial DUIS KUIS. For service on protection and supervision in medical institutions of bodies of health care at least 2 employees are appointed to one convict who shall be dressed in civil clothes, have radio station, weapon and specifics, wearable is reserved.

If condemned - the female is placed in medical institution, then female controllers are appointed to post on its protection.

Ensuring supervision of the convicts serving sentence in colony settlement and being on hospitalization in treatment and prevention facilities of bodies of health care in coordination with administration of this organization is carried out at least once a day by bypass of chambers in which there undergo treatment convicts. In case of violation condemned the sick-list of the mode, these persons accompanied by the employee go to colony settlement. Convicts undergo out-patient treatment under colony settlement.

7. Supervision of convicts when transporting by their railway, road, sea, river and air transport, and also in case of convoy, is assigned to staff of IU and guard of military units, according to the Charter of active service of internal troops of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - the Charter of active service).

8. The normative number of personnel of supervision is established according to sheets of posts.

9. The quantity of posts of controllers on supervision, other forces of administration of IU allocated for its implementation, the involved transport and technical means of protection, is determined by the plan of supervision of convicts approved by the chief of regional Department of criminal executive system of Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan (further - DUIS KUIS) and IU depending on features of organization, nature of production and the developing operational situation.

10. Taking into account change of number of employees and kontrolersky structure, situation in IU the corrections approved by the chief of DUIS KUIS are made to the plan of supervision annually, or as required. Plans of supervision for each IU are developed in triplicate: the first Committee of criminal executive system of the Ministry of Justice of the Republic of Kazakhstan (further - Committee of penal correction system); the second - DUIS KUIS; third - IU. Statements from the plan of supervision (functional obligations and other documentation) are drawn up at stands of single sample in the duty assistant to the chief of IU, places of service of controllers on supervision and classes of service.

11. The duty shift allocated for accomplishment of tasks on supervision of convicts is appointed to service for 12 hours with the 2nd sentry, or 24 hours with the 4th one-hour break for meal and rest. It carries out the obligations without weapon and is provided with special means, portable radio stations, and if necessary, transport.

Chapter 2. The organization of supervision of convicts in IU

12. The organization of supervision of convicts in IU includes:

1) planning of actions for supervision;

2) organization of service for supervision implementation;

3) control of supervision implementation;

4) summing up service.

13. The actions plan on supervision is constituted monthly by the deputy chief of IU on the mode.

Actions are provided in the plan:

1) on increase in office skill of staff;

2) on prevention and the prevention of escapes and violations of the mode;

3) on implementation of technical and engineering means of protection and systems of video surveillance;

4) on work with asset from among convicts;

5) on work with persons staying on the preventive registry.

In addition, to the actions plan on supervision for month, schedules of watch of administrative board of IU, duty shifts, carrying out searches, checks and surveys of convicts are attached (on groups, the isolated sites).

14. Actions plans on supervision and the schedules listed in Item 13 of this instruction are developed by the deputy chief of IU on the mode and affirm the chief of IU. Actions plans and schedules are stored: one copy at the deputy chief of IU on the mode, the second - at the chief of regime department.

15. The plan of supervision consists of the scheme of supervision, the sheet to posts, the instruction to officials, on implementation of supervision and calculation of forces and means, for actions in case of emergencies. The isolated sites, residential, household, production and other rooms, underground constructions and communications, meter strip, adjacent to internal forbidden part of zone 15-50, from the main barrier, the shipping place, unloading and way of movement of vehicles, service posts on supervision implementation, Items of means of communication and the alarm system, the place of creation of convicts, and also places, the most vulnerable, in the shoot relation, place of employment and accommodation of the convicts having the movement right without convoy and also the convicts who are on favorable terms contents are applied on schemes of supervision.

The plan of supervision of prison also joins floor-by-floor plans of regime cases, with the supervision posts applied on them.

16. On supervision are provided in the actions plan:

1) the measures directed to the prevention and control of offenses and other antisocial conducts from convicts;

2) establishment of channels of penetration on objects of the prohibited objects and taking measures to prevention of their penetration;

3) control of availability of convicts in living and production areas, having the movement right without convoy or maintenance and to which accommodation out of IU, and also persons staying on the preventive registry is authorized;

4) carrying out visits and searches;

5) tactical and special occupations and doctrines with the private and the commanding structure of administration of IU;

6) implementation in supervision of technical means of protection of objects of IU and systems of video surveillance.

17. In the plan are specified:

1) raised forces and funds for supervision implementation;

2) place, time and procedure for service;

3) the objects which are subject to search;

4) control by entering of service.

1. Organization of service for supervision implementation

18. The organization of service for implementation of supervision includes:

1) acceptance by the chief of IU or replacement his face, decisions for days on implementation of supervision of convicts;

2) training of staff of administration of IU and passing of medical examination by them regarding possibility of service as a part of duty shift;

3) problem definition and the organization of interaction of forces involved in supervision;

4) control of supervision implementation.

19. In case of decision making for days, it is considered:

1) law and order condition in IU for the expired days, types and circumstances of offenses, conditions and the reasons promoting their making in the presence of those;

2) forces and means of supervision;

3) possible actions of convicts in places of their accommodation.

20. The decision on the organization of supervision for days is drawn up by the daily sheet of supervision (appendix 1), IU developed by the deputy chief on the mode which affirms the chief of IU and is transferred to the duty assistant to the chief of IU. After days, after the analysis by the chief of regime department of results of supervision and the report to management of colony about accomplishment of the planned actions, the daily sheet of supervision is transferred to storage to regime department.

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