Accommodation and basic care of prisoners (4/004/2022)

Regulation Issued by the Prison and Probation Service, record no. 4/004/2022,
27 April 2023

Legal basis: Chapter 7, section 8 of the Imprisonment Act and chapter 3, section 10 of the Remand Imprisonment Act

In force: From 1 June 2023

Repeals: Regulation on the accommodation and basic care of prisoners (19/004/2010, 29.12.2010)

For: Prison and Probation Service

1. Accommodation

1.1. Prisoner places and size of accommodation rooms

The Prison and Probation Service confirms the number of prisoner places in the prisons. The prisoner places have to meet the following minimum standards:

an accommodation room for one prisoner has to be at least 7 square meters in area and an accommodation room for several prisoners has to have at least 5.5 square meters per prisoner. Toilets are not calculated in the total area. The shape of the accommodation room has to be taken into account when determining its suitability for more than one prisoner. The size of the window of the accommodation room has to be at least 10 per cent of the square area of the floor.

If a prison has to accommodate more prisoners than there are prisoner places that meet the minimum standards, the situation is called overcrowding. In that case, the ventilation of the accommodation room has to be increased to measure up to the actual number of prisoners.

1.2. Living conditions

In an accommodation room, each prisoner has to be provided necessary basic furniture, i.e., at least a bed, a table and a chair.

A cell meant for permanent accommodation must have a window and a vent for fresh air. Lockable ventilation windows may only be used in the case of remand prisoners whose communications are restricted (see procedural instructions on the implementation of communication restrictions in prison 1/004/2021, in Finnish). The windows of the accommodation rooms may not be covered by a plastic partition or other screen that prevents normal natural light or adequate airing of the accommodation room. Prisoners have to be able to stay in a non-smoking room.

The Prison and Probation Service confirms the number of prisoner places in the prisons. The shape of the accommodation room has to be taken into account when determining its suitability for more than one prisoner. If a prison has to accommodate more prisoners than there are prisoner places, the situation is called overcrowding. In that case, the ventilation of the accommodation room has to be increased to measure up to the actual number of prisoners.

Travel cells, solitary confinement cells, observation cells, and isolation cells are not regarded as accommodation premises and prisoners cannot be placed in them permanently.

1.3. Duration of accommodation in a travel cell ward

The quality and conditions of travel cells may not differ from the requirements of regular cells. Prisoners may only be accommodated in travel cells if it is necessary because, for example, they have arrived in the prison, they are being transferred from the prison, they are being transferred temporarily or for other reason lasting for a short period (for instance, a trial or a visit arrangement). Even in that case, the accommodation has to be a short-term measure.

If a prisoner placed in an open prison is suspected of a disciplinary infraction, the prison has to consider in each case individually whether the prisoner waits, for example, for the confirmation of the substance use test or the final decision of the Client Assessment Unit in the open prison. Accommodation in a travel cell in a closed or open prison while waiting for the results of a urine test is not justified because the guilt of the prisoner has not yet been confirmed and the conditions in a travel cell are poorer than normally. If a prisoner placed in an open prison has been transferred to a closed prison to wait for the final transfer decision of the Client Assessment Unit, the prisoner has to be transferred from the travel cell ward to a regular accommodation ward without undue delay. If there is a risk of prolonged accommodation in a travel cell, the prison has to contact the Client Assessment Unit in order to find out how long it will take to make the transfer decision.

2. Cleaning and hygiene

2.1. Cleanliness

An official specified by the prison to be in charge of the accommodation ward is responsible for that the common areas and accommodation rooms of the ward are clean. The prison staff is responsible for the cleanliness of the work facilities of the prisoners. In addition, the staff has to make sure that the prisoners have access to suitable cleaning equipment and use correct cleaning methods. Prisoners, who clean the accommodation wards, have to be given careful introduction to the cleaning duties. If an accommodation room about to be cleaned contains a large amount of, for instance, blood or other body fluids, the prison has to primarily arrange the cleaning to be done by some other party than a prisoner. The supervision, direction and guidance of cleaning are part of the individual interaction with prisoners. Particular attention must be paid to, for example, toilets, saunas, washing facilities, sports facilities and kitchens.

The staff must make sure that the accommodation rooms are cleaned and clean before placing prisoners in them. In addition, the staff has to make sure that the furniture in the accommodation rooms is intact and safe.

The nature of the travel cells as temporary accommodation and the rapid coming and going of prisoners means that the prison has a particular obligation to ensure that the travel cells are clean. The prison is responsible for the condition and cleanliness of the facilities. If the level of hygiene is not appropriate, the prison has to outsource a basic cleaning of the travel cells, for instance, once a month.

2.2. General hygiene

Prisoners have to be encouraged and guided to maintain personal hygiene as part of everyday activities.

Prisoners have to be provided an opportunity to wash themselves daily. The prison has to provide shampoo and soap in a dispenser or other washing agent suitable for maintaining personal hygiene in the common washing facilities of the prison. If the prison has showers in each accommodation room, the prison has to provide soap and shampoo for the prisoners to use in the accommodation rooms.

Prisoners with menstruation have to be provided necessary sanitary towels and tampons. The prison has to provide nappies for prisoners’ children who are with them in prison. Prisoners have to be able to get condoms, for instance, for family visits on request.

The costs of the aforementioned products are paid by the prison.

2.3. Basic hygiene kit

All sentenced persons arriving in a closed or open prison from freedom are given a free basic hygiene kit for personal use in the prison where they are placed. The prison has to keep stock records of the given basic hygiene kits. When a prisoner is transferred to another prison, the staff has to ensure that the prisoner takes the products of the hygiene kit with him or her. The prison, where the prisoner is transferred to, will not give another basic hygiene kit. The Director General confirms the content of the basic hygiene kit.

The Prison and Probation Service provides further information.

On behalf of Director General,
Director Pauli Nieminen

Senior Specialist Tatja Kivimäki