Use of clothing designed for observation purposes during isolation under
observation for the purposes of detecting prohibited substances RISE/700/2023

Legal basis: Section 6 of the Act on the Prison and Probation Service

In force: 30 June 2023 until further notice

Repeals: Instruction on the use of clothing designed for observation purposes during isolation under observation for the purposes of detecting prohibited substances (9/004/2015)

For: Prison and Probation Service

Chapter 18, section 4 of the Imprisonment Act and chapter 13, section 4 of the Remand Imprisonment Act enable the use of special clothing designed for observation purposes during isolation under observation for the purposes of detecting prohibited substances. The legislation does not include separate provisions on the prerequisites for when a prisoner placed in isolation under observation for the purposes of detecting prohibited substances could be required to wear clothing designed for observation purposes. When considering the use of clothing designed for observation purposes during isolation under observation for the purposes of detecting prohibited substances, it has to be taken into account that it is the most extreme alternative compared with the other search measures as the use of clothing designed for observation purposes infringes the prisoner’s bodily integrity. The use of clothing designed for observation purposes is decided by the same public official, who decides on the placement of a prisoner in isolation under observation for the purposes of detecting prohibited substances, i.e., a public official in charge of security or, if the matter cannot be delayed, a public official in a senior supervisory position.

In this context, clothing designed for observation purposes refers to, in practice, sealed overalls designed for observation purposes. The features of the clothing designed for observation purposes include a zip on the backside, which is fastened so that the prisoner cannot open it. In addition, the features include closed foot parts, which continue from the overalls, and cuffs and a collar, which can be adjusted with separate ties to fit each user. The purpose of using clothing designed for observation purposes is to efficiently prevent prisoners from getting prohibited substances or objects they possibly carry inside their bodies.

According to section 66 of the Government Decree on Imprisonment and section 35 of the Government Decree on Remand Imprisonment, the size of the clothing designed for observation purposes has to be suitable for the prisoner. The clothing has to be changed every four days and whenever it becomes dirty. The clothing designed for observation purposes may also be changed more frequently or on lower grounds than mentioned above, for instance, at the request of the prisoner or by otherwise offering a possibility to do so. As an example, when a prisoner sweats during warm weather, in principle, it is justified to change the clothing designed for observation purposes at the request of the prisoner even before the clothing is considered dirty or when the clothing has to be otherwise changed. The prisoner has to be given an opportunity wash daily and whenever the clothing has become dirty.

According to section 65 of the Government Decree on Imprisonment and section 34 of the Government Decree on Remand Imprisonment, a prisoner’s isolation under observation for the purposes of detecting prohibited substances has to be observed and monitored so that the prisoner cannot hide or destroy prohibited objects or substances. Thus, a prisoner wearing clothing designed for observation purposes has to also be monitored so that the monitoring is not interrupted at any point. Using clothing designed for observation purposes does not reduce the need to monitor the prisoner but enhances it. Therefore, clothing designed for observation purposes cannot be used on the grounds that less staff would be required to monitor the isolation under observation for the purposes of detecting prohibited substances.

When implementing isolation under observation for the purposes of detecting prohibited substances and the prisoner is required to wear clothing designed for observation purposes, the prison has to primarily use a cell suitable for the purpose that has a cell call system, which records the log data. The log of the cell call system records the times of all cell calls and their confirmation to the nearest minute.

The entries referred to in section 67 of the Government Decree on Imprisonment and section 36 of the Government Decree on Remand Imprisonment have to made in the appropriate place in the client data system as instructed in more detail in the procedural instructions on isolation (RISE/670/2023). The entries in the client data system have to include, among other things, information on the use of clothing designed for observation purposes and the times when a prisoner wearing the clothing designed for observation purposes has requested access to a toilet and has been given access to a toilet.

The cell call of a prisoner has to be responded to immediately. If it concerns access to a toilet, the prisoner has to be taken to a toilet without delay as laid down in chapter 18, section 4 of the Imprisonment Act and chapter 13, section 4 of the Remand Imprisonment Act.

In accordance with the provisions of the Government Decree on Imprisonment and the Government Decree on Remand Imprisonment, when assessing the restrictions on the rights of a prisoner placed in isolation under observation for the purposes of detecting prohibited substances, the possible use of clothing designed for observation purposes as part of the monitoring has to be taken into account. The aforementioned procedural instructions on the isolation of prisoners and remand prisoners contain further instructions on the matter.

The Regulations and Provisions Team of the Judicial Unit of the Prison and Probation Service provides further information.

On behalf of Director General
Director of Development and Guidance Department Pauli Nieminen

Lawyer Marika Savikurki

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