Correctional system in Barrayar
In Barrayaran criminal justice, the correctional system includes a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervision of persons who have been convicted of offences or crimes. The most typical correctional institution is a prison. The Barrayaran correctional system refers to the network of agencies that administer the Empire jurisdictions' prisons and community-based programs; this system is part of the larger criminal justice system, which additionally includes law enforcement, prosecution and courts.
Sentences imposed upon offenders vary from serving time in prison to the death penality. Under certain circumstances, corporal punishment is also added.
The Barrayaran correctional network is composed of four semi-autonomous subnetworks: each jurisdiction (Imperial, Komarran, Barrayaran, Northern Districts and Sergyaran systems) has its own correctional structure, each responsible for providing the prison service to people convicted for its own offences and crimes, differently from the law enforcement systems, which cover both local and Imperial offences. People which are convicted by more than a system at the same time, usually serve their sentences in the jurisdiction where the harshest sentence is issued. The overall governance is carried out by the Department of Prison Administration, of the Ministry of Justice.
The legal systems of the Empire have standardized measures, which can be issued according the provisions included in each individual jurisdiction: these measures can be both preventive (remand in custody and house arrest) and punitive (arrest, detention, imprisonment, life imprisonment and death penality).
History
In the Time of isolation, in a society that was "one meal from starvation", prison was not a good option for offences, in order to avoid unnecessary deleption of precious resources. So alternative penalties were used: executions in various forms or, for lesser crimes, whippings, lashings and floggings and sometimes even removing various body parts were envisaged, as well as fines (for those who could pay).
In the earlier centuries of Time of Isolation there was not much terraformed land, so criminals could not escape the Count's (or Emperor's) Justice and hide out away from law enforcement linving off the land. On the other hand, exile was a real and feared punishment. The necessity of terraforming an hostile environment also determined the use of forced labour of convicts, offenders and criminals as a "border" workforce (for example Vorkosigan District Rangers' origins derive from those officials tasked with managing crews of such impressed workers).
In general terms, suitable punishments tended to stopping further offending, teaching lessons and deterrence, not wasting scarce resources, and avoiding bloodsheds (at least within the little folk) or impact too much village life.
Preventive measures
The remand in custody or house arrest can be ordered only for offenses or crimes, or attempted, for which is provided for a penalty of imprisonment of not less than three years, or who has violated the requirements inherent in a precautionary measure. The application can be issued
- After the arrest by order of the Prosecutor
- After the police custody of a suspect of a crime;
- If a person is caught in flagrante delicto.
House Arrest
With the decision ordering the house arrest, the court requires the defendant to not leave their home, or from a place of care or assistance. When necessary, the judge imposes restrictions or prohibitions on the right of the accused to communicate with persons other than relatives. The prosecutor or the judicial police, on their own initiative, may at any time check that the requirements imposed on the accused, which a satellite system is applied to. The house arrest cannnot be granted to those who have been convicted for the crime of escaping.
Remand in custody
The remand in custody is the most intense form of preventive measure. The remand in custody can be applied only if when all other measures are inadequate. The court orders to the officers and agents of the judicial police that the accused is immediately captured and taken to an institution to remain in custody at the disposal of the judicial authority.
Security levels
Inmates reside in different facilities that vary by security level, especially in security measures, administration of inmates, type of housing, and weapons and tactics used by corrections officers. The government uses a numbered scale from one to five to represent the security level. Level five is the most secure, while level one is the least. Such a classification is used also in the Northern Districts.
Level 5 Prisons facilities provide the highest level of prison security. These units hold those considered the most dangerous inmates, as well as inmates that have been deemed too high-profile or too great a national security risk for a normal prison. These include inmates who have committed assaults, murders, or other serious violations in less secure facilities, and inmates known to be or accused of being gang members. Most Northern Districts have either a supermax section of a prison facility or an entire prison facility designated as a supermax. The Imperial Prison Service operates two federal supermax, Imperial Prison Blue Eagle, and widely considered to be the most secure prison in the Empire of Barrayar. IP Blue Eagle has a standard Level V section where assaultive, violent, and gang-related inmates are kept under normal Level V conditions of 25-hour confinement and abridged amenities. IP Blue Eagles is considered to be of a security level above that of all other prisons in the Empire, at least in the "Level 5 Special" part of it, which features permanent, 26-hour solitary confinement with rare human contacts.
In a Level 4 prison or area, all prisoners have individual cells with sliding doors controlled from a secure remote control station. Prisoners are allowed out of their cells one out of twenty six hours. When out of their cells, prisoners remain in the cell block or an exterior cage. Movement out of the cell block or "pod" is tightly restricted using restraints and escorts by correctional officers.
Under Level 3, prisoners usually have one- or two-person cells operated from a remote control station. Each cell has its own toilet and sink. Inmates may leave their cells for work assignments or correctional programs and otherwise may be allowed in a common area in the cellblock or an exercise yard. The fences are generally force fields, double fences with watchtowers housing armed guards, plus often a third, lethal-current electric fence in the middle. The fences are circled by a steel wall with additional watchtowers housing armed guards. Level III facilities are the least levelled facilities which could house a Level V or Level V Secure prison or area.
Prisoners that fall into the Level 2 group may sleep in dormitories on bunk beds with lockers to store their possessions. They may have communal showers, toilets and sinks. Dormitories are locked at night with some correctional officers supervising. There is less supervision over the internal movements of prisoners. The perimeter is generally double fenced and regularly patrolled.
Prisoners in Level 1 facilities are considered to pose little physical risk to the public and are mainly non-violent "white collar criminals". Minimum security prisoners live in less-secure dormitories, which are regularly patrolled by correctional officers. As in Level 2 facilities, they have communal showers, toilets, and sinks. A Level 1 facility generally has a single fence that is watched, but not patrolled, by armed guards. Prisoners may often work on community projects, such as roadside litter cleanup with the state department of transportation or wilderness conservation. Many Level 1 minimum security facilities are small camps located in or near military bases or larger prisons. Many Northern Districts allow persons in minimum-security facilities access to the datasphere.
Prison uniform
Prison uniforms consist of a distinctive orange jumpsuit set to make escape more difficult, as it is difficult for an escaped inmate to avoid recognition and recapture in such a distinctive attire. The prison uniform is identical all over the Empire, and consists in orange trousers, short-sleeved t-shirt and, for cold periods, a sweater. Inmates sentenced to death or life imprisonment wear a red jumpsuit. On both their breasts and backs there are the institution's insignia. The second inmates group is shaved bald.
Prison uniform
Prison uniform for inmates sentenced to death or life imprisonment
Department of Prison Administration
The Department of Department of Prison Administration is the ministerial prison authority responsible for security and maintenance of civilian prisons within the Empire of Barrayar. The Department oversees the implementation of the political order and security in institutions and prison services and the treatment of prisoners and internees. To implement government policies, the Department directs the operational coordination, also of the personnel. Although it is part of the broader security system, the Department depends on the Ministry of Justice.
The Department has four subordinate branches, each responsible for operating their prison network and their correctional executive body. Branches are: Imperial Prison Service (which is most closely connected to the DPA), Komarran Prison Services, the Barrayaran Prison Service and the Sergyaran Correctional Commission. Northern Districts have an its own penal system each, although they can associate among themselves as well as make agreements with the Barrayaran Prison Service. Both the IPS and the BPS depend directly on the Ministry of Justice and on the Department, while the Sergyaran Correctional Commission and the Komarran Prison Services depend on both their Viceroy and the Ministry of Justice.
The Department itself, therefore, does not operate any correctional facility, but provides general harmonization and basic guidelines:
- Office of the President of Department
- Directorate of inmates treatment
- Directorate of external penal service
- Directorate of Personnel and Training
- Directorate Finance and Accountancy
- Directorate of material resources, goods and services
- Office for the Coordination of the Prison Services.
The Imperial Prison Service is a separate structure from the Department of Prison Administration, but shares its head, who therefore is the most senior among the branch chiefs.
Imperial Prison Service
The Imperial Prison Service is responsible for the administration of the Imperial prison system. The Imperial Prison Service was established in 2995 to provide care for Imperial inmates (i.e. convicted under Empire-wide laws pertaining the security of the State), following the reorganization of legal sub-systems. The Imperial Prison Service consists of 312 institutions, three planetary offices, its headquarters office in Vorbarr Sultana, Vorbarra's District, a staff training centre, and is responsible for the custody and care of more than 189,000 imperial offenders and criminals.
The IPS is also responsible for carrying out all judicially ordered Imperial executions other than those carried out under military law. The Service has its own jurisdiction over inmates once remanded to its custody.
Broad organization
The Imperial Prison Service is headed by the President of the Department of Prison Administration; however, the Deputy Chief is an Actual State Councillor. IPS Officials and Agents are granted status of Officers and Agents of Public Security. They make arrests on or off of Imperial Prison Service property without warrant for committing offences or crimes if committed on the premises or reservation of a penal or correctional facility of the Imperial Prison Service. If the arrested person is a fugitive from custody, such prisoner is returned to custody. Officials and agents carry weapons, wear uniforms and are part of a paramilitary structure. The service includes within it a number of bodies and Divisions centrally administered:
- Central Office: The Central Office has jurisdiction over all matters pertaining to the Imperial Prison Service takes care of the management. The Office is organized in accordance with the directives issued by the Minister of Justice. The Executive Head of Service has the rank of State Councillor, 1st Class. who performs the general guidelines established by the Minister of Justice. The Central Office carries out its activities in coordination with the offices of the Department.
- Guarding and Transportation Division;
- Medical Division;
- K-9 Division;
- Telecommunications Division.
- Central Committee: The Central Committee is composed of the Head of Service, who presides over it and by the Heads of the Divisions of the Office. The Committee expresses opinions on all matters relating to the Service that require a peer review. The Central Committee, in particular, proposes the appointment of the heads of the regional offices and the heads of departments of prisons.
- Inspection Service
- Schools and Training Centres
- Central Squad Judicial Police;
- Planetary Directorates
- Inter-District Local Offices
- Prison Management Directors;
- Prison Units;
- Equipment and Material Depots
The IPS is structured on a planetary basis. The Planetary Directorates are decentralized bodies of the Imperial Prison Service. They work in the field of institutions and services for adults, according to the guidelines laid out by the Department and the Service. Each Directorate is headed by State Councillor, 1st class, who acts as Planetary Director, dependent on the Chief of IPS. Each Planetary Directorate organizes its own Departments (within the central Divisions) and is further subdivided into several Prison Areas, which group institutions in the same region; each Prison Area directs and manages its own institutions and Departmental Troops located within its jurisdiction.
Prison organization
The individual prison is directed, managed and operated by the Prison Director, who is a Official ranking usually at least Penitentiary Senior Councillor, Managerial Role (roughly equivalent to Colonel), although in smaller prisons the Prison Director ranks Penitentiary Councillor, Managerial Role (roughly equivalent to Major). The Prison Director controls both the relevant Penitentiary Police Unit and the administrative and technical staff of his own prison institution; while the control exercised over the Police Unit is only an indirect one, he directly operates the administrative and technical personnel.
In turn, the technical, administrative and support staff has overall responsibilities such as laundries, mess halls, kitchens management and (most importantly) supervision, as well as the direct management and handling of sensitive sectors, such as infirmary, commercial vehicles and others.
In every IPS prison there is a Penitentiary Police Unit. For specific emergency needs, there are also Mobile Units. The Penitentiary Police Units are those Service subdivisions that actually performs the orders of the Prison Directors and carries out vigilance, guarding and surveillance duties. Units adhere to the formal service requests made by the Director. In this regard, the Director of the institute issuing directives general or particular, declares the emergency and maintains the prerogatives of control, while he must consult with the Commander for the specific execution. The Unit Commander is a Official who organizes and is responsible for a Unit. The Commander must be distinct from the Director. The Commander directs his unit in order to carry out the directives of the Director.
Riots Repression Group
The Riots Repression Group is an unit department of the Imperial Prison Service. The Group is required to ensure the proper functioning of the special detention regime and in all other cases where there are special security reasons. It operates directly under the Executive Head of the Imperial Prison Service. The Group has 9 operational Units, each in charge of a number of Prison Areas (three Units per planet). The Group performs high-risk tranfers, surveillance of inmates interned at the highest security level, custody of detainees subjected to harsh prison security and of prisoners who collaborate with justice. However, the core business of the Riots Repression Group is to curb any serious disorder in prisons.
Each Unit consists of 5 or more Special Operations Response Teams, as well as of Disturbance Control Teams and Hostage Negotiation Teams. SORT teams are composed of 15 personnel, including the team leader, a certified firearms instructor, a rappel master, a security specialist/locksmith, a blue print expert, a sniper section, a forced entry specialist and a chemical agents specialist.
Barrayaran Prison Service
The Barrayaran Prison Service has a threefold mission: to keep the prisoners, to keep them in acceptable conditions and enable their reintegration in Barrayaran prisons in the Southern Continent and as a result of a sentence issued by an Imperial court under matters not pertaining Empire-level regulations. The territorial organization of the Barrayaran Prison Service is based on three levels: the central command sets the policies applicable to the territory, inter-district directorates manage services (personnel, budget, IT, security) and prison institutions deal with direct inmates handling.
Broad organization
The Barrayaran Prison Service depends on the Department of Prison Administration both as Barrayaran service (and therefore directly dependent on the Ministry of Justice) and as element of the correctional system of the Empire. The BPS is headed by an Actual State Councillor; under him there are eight Territorial Directorates, in charge for eight Southern Districts each, and the Divisions, which operate the specialized services (Transportations and guarding, K-9, Maritime transportations, etc.) and are further subdivided into Central Departments. All Directorates are led by a State Councillor, 1st class, while Sections (functional subdivisions within the Divisions) and Territorial Divisions (functional divisions within the Territorial Directorates, corresponding to the Divisions) are led by State Councillors, 2nd class. The territorial counter-part of Central Sections are the Territorial Offices, commanded by State Councillors, 3rd class.
BPS Garrisons are administered by the Garrisons Inspectorate, but are still part of the Service.
Prison organization
The individual prison is directed, managed and operated by the Prison Director, who is a Official ranking usually at least Penitentiary Senior Councillor, Managerial Role (roughly equivalent to Colonel), although in smaller prisons the Prison Director ranks Penitentiary Councillor, Managerial Role (roughly equivalent to Major). The Prison Director controls both the relevant Prison Garrison and the administrative and technical staff of his own prison institution; while the control exercised over the Garrison is only an indirect one, he directly operates the administrative and technical personnel.
In turn, the technical, administrative and support staff has overall responsibilities such as laundries, mess halls, kitchens management and (most importantly) supervision, as well as the direct management and handling of sensitive sectors, such as infirmary, commercial vehicles and others.
In every BPS prison there is a Prison Garrison. For specific emergency needs, there are also Mobile Units. The BPS Garrisons are those Service subdivisions that actually performs the orders of the Prison Directors. Garrisons adhere to the formal service requests made by the Director. In this regard, the Director of the institute issuing directives general or particular, declares the emergency and maintains the prerogatives of control, while he must consult with the Commander for the specific execution.
The Garrison Commander is a Official who organizes and is responsible for a Garrison. The Commander must be distinct from the Director. The Commander directs his Garrison in order to carry out the directives of the Director. The BPS Garrisons are commanded by Officials ranking from Penitentiary Chief Commissioner to Penitentiary Senior Councillor, according to their size; BPS Garrisons which are ranked ad Third or Fourth Class Garrisons (i.e. which are not commanded by a Penitentiary Senior Councillor) are grouped under the direction of a Penitentiary Senior Councillor. Therefore there are four Garrison types:
- First Class Garrisons, which are very large detachments, commanded by a Penitentiary Senior Councillor who does not exercise authority over other Garrisons;
- Second Class Garrisons, still large detachments but significantly smaller than First Class ones, commanded by a Penitentiary Senior Councillor who in turn exercises authority over other Garrisons;
- Third Class Garrisons, commanded by a Penitentiary Councillor, under the authority of a Penitentiary Senior Councillor;
- Fourth Class Garrisons, commanded by a Penitentiary Chief Commissioner, under the authority of a Penitentiary Senior Councillor.
It is to note that the BPS Garrisons are under the functional authority of the individual Prison Director, while they are organized by their own local network. While within the Imperial Prison Service each Prison is a self-contained system under an unique chain of command, within the Barrayaran Prison Service the individual prison is under a dual chain of command, although the Service is still, both in the IPS and BPS cases, the same.
Correctional Emergency Response Team
A Correctional Emergency Response Team is a team of highly trained Corrections Officers tasked with responding to incidents, riots, cell extractions, mass searches, or disturbances in prisons or jails possibly involving uncooperative or violent inmates. There are up to two CERTs in each of the eight Territorial Directorates of the Southern Continent.