Between 2002 and 2022, 335 people were sentenced to detention in Norway, according to Statistics Norway (SSB). Unlike a regular prison sentence, detention has no upper limit. In theory, remand prisoners can thus be in prison for life. Unless you change. What is custody? Detention is used for particularly serious crimes, where there is a risk of repetition when the convicted person is released. It includes, among other things, crimes such as terrorism, murder and sexual crimes. It can only be used if the person is criminally sane. If they are not, compulsory mental health care or compulsory care is used instead. In the case of a custodial sentence, in contrast to ordinary prison sentences, there is no upper limit to the length of the sentence. The time frame cannot be longer than 30 years, but this can be extended. This means that, in theory, remand prisoners can serve the rest of their lives. Convicted persons can still be released on probation when the minimum period is over. This is decided by judgment in court. Source: The Correctional Service In Norway, there is a large focus on rehabilitation. The goal is for the convicted person to be able to get out one day, without being a danger to others or themselves. It also includes the most severe cases. In 2023, 16 people were released from detention, according to Statistics Norway. In Norway, there are three prisons that are also detention facilities: Ila, Trondheim and Bredtveit women’s prison. Photo: Ole Berg-Rusten / NTB – From the time the detention system was introduced in 2002 until 3 January 2024, a total of 215 people have been released from it. This is what Atle Syvertsen, senior advisor at the Correctional Service, told news. As of today, 139 remand prisoners are serving time in Norwegian prisons. Forensic psychiatrist Randi Rosenqvist and head of Ila prison, Tonje Sandal, have previously divided these criminals into four different categories: Those with a bad starting point in life Those with a good starting point in life Mentally disabled or seriously mentally ill Serious criminals with long custodial sentences – They which are functioning well enough will eventually be able to be transferred to an open detention center or transitional housing, says Rosenqvist to news. Retired Randi Rosenqvist evaluated, among other things, terrorist convict Anders Behring Breivik during the trial in 2012. Rosenqvist recently won the Openness Award together with Leo Ajkic for his work in mental health in the Correctional Service. Photo: Robert Rønning / news – It is the desired way to weed out remand prisoners, so that you slowly get more freedom. In an ideal world, it would go like this: High-security prison The vast majority of remand prisoners in Norway are in a high-security prison. This is also where they are sent first, when the judgment becomes final. Inmates in a high-security prison serve time under the strictest conditions in Norway. When not at work, school or other leisure activities, inmates are locked in their cells. Remand prisoners must not serve time together with others who have not been sentenced to remand, but in prisons with their own remand departments. A “closed prison” has walls or high fences around the area. Here, Bergen prison is shown from the air. Photo: Kriminalomsorgen / Bergen Prison However, there are more convicts than there are places. Many must therefore serve time in a “regular” high-security prison while they wait in line. You can also be transferred to an ordinary prison if it is more appropriate, says Atle Syvertsen. Prison with a low security level When remand prisoners have served a large part of the minimum time, they can be transferred to a prison with a lower security level. – These are people who have come so far in their sentence execution that it is appropriate to let them serve part of their sentence at a lower security level for the sake of the convict’s progression, says Syvertsen. Low-security prisons are also called “open prisons”. The area is fenced off, but you are not locked in the cell. In such prisons, emphasis is placed on maintaining contact with society. This is done through, among other things, various leave and visiting arrangements. Inmates also have more opportunities to use the telephone. Transitional housing When approaching the end of the sentence, convicted persons can be transferred to transitional housing. For some, this is the last step in the return to society. Legally speaking, transitional housing is also a prison, but appears like a completely normal apartment. There are eight transition homes in Norway, with a total of 128 places. These have employees who help the residents with social and work training. Lyderhorn transitional housing is shown here. Photo: Statsbygg A small proportion of those in transitional housing are remand prisoners. Today, there are ten remand prisoners who are either serving time in a low-security prison or in transitional housing. Residents have more freedom and more leaves, and the system is largely based on trust. There is, however, a total ban on drugs, inside time and visiting rules. What about the mentally ill? Despite all measures – some of Norway’s convicts will never be able to be released. Custody must only be given to those who are criminally sane at the time of the crime. If you are not, you are sentenced to compulsory mental health care. Nevertheless, there are many remand prisoners who have mental disorders, says Randi Rosenqvist. What are the options for them? 1. State-funded parole State-funded parole, or the reimbursement scheme, is a scheme where the convicted must enter an institution or municipal housing unit before they can be released. It is often referred to as “one-man prison”. The target group is usually people with mental retardation, mild mental disorders or substance abuse problems, who cannot be paroled in the usual way. 2. Special department in prison The National Enhanced Community Department (NFFA) is a special department at Ila prison. Particularly vulnerable inmates who are mentally ill are placed here. NFFA opened in 2020, and has six places. Both employees from the prison and health personnel work here. Photo: Rolf Petter Olaisen / news These may be psychotic, aggressive or developmentally disabled inmates who have been isolated for a long time because of their behaviour. NFFA’s task is to provide more meaningful togetherness. The department is built with the same security requirements, but is perceived to a lesser extent as a high-security prison. 3. Transfer to mental health care Randi Rosenqvist has long been a proponent that mentally ill people should be transferred to psychiatry for better follow-up and help. – Psychiatry must have enough breadth to provide adequate care, also because they commit criminal acts, she says. Today, there are three ways to be transferred to psychiatry, according to Rosenqvist: Admission: Usually short-term and usually not a permanent solution. Reversal: In certain cases, a custodial sentence can be reinstated, if it has later been proven that you were insane at the time of the crime. Then you can be sentenced to psychiatric treatment. New criminal case: Remand prisoners can also have a new criminal case and forensic psychiatric assessment if they have committed offenses during their sentence while they were insane. Even then, there may be a verdict on mental health protection. Are there better ways? In the Netherlands, sanity is not black and white. Here, convicts are assessed at several levels, and the country has a long tradition of so-called treatment prisons for those with mental disorders. And in Denmark, there are separate institutions for insane criminals. Rosenqvist has long been a driving force behind Norway establishing what she calls a safe house – a permanent institution for those who cannot change. However, the forensic psychiatrist believes that separate institutions only for convicted criminals would be a bad idea. – Judgment or no judgment should not be the central issue. The central thing is what you master, and what you need help and support for. Hans Marius has behaved like a model prisoner for ten years after he almost killed his father. But what does the father say when his son now asks to be released? Published 17.10.2024, at 21.50 Updated 17.10.2024, at 22.18
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Can remand prisoners ever be released? – news Norway – Overview of news from different parts of the country
