Appendix No.1
to the ordinance
of the Minister of Internal Affairs
from……………………… 2012 (entry……….)
THE REGULATION OF STAY IN THE POLICE UNIT ROOMS ASSIGNED FOR PERSONS DETAINED OR BROUGHT IN ORDER TO RETURN TO A STATE OF SOBERNESS
§ 1.1 A detained person admitted to the room must be immediately informed about:
1) his or her rights and duties by acquainting him or her with the hereby regulation. A detained person accepted to the room confirms being acquainted with the regulations by signing the card of the regulation of stay in rooms assigned for persons detained or brought in order to return to a state of soberness.
2) monitoring system installed in the room including devices designed for surveillance and image recording – in case they are installed.
2. A detained person who does not speak Polish is provided with the possibility to communicate regarding the stay through interpreter.
3. If the contact with a detained person is obstructed because of disturbed consciousness, the acts mentioned in §1 must be done after the cause of desistance from realization of this duty has ceased.
4.If due to obstructed contact with a detained person caused by his/her disturbed consciousness, the person was not acquainted with her/his rights resulting from the code of penal procedure or other enactments then the act must be done after the cause of desistance from realization of this duty has ceased. A detained person confirms being acquainted with his/her rights by signing a detainment record.
§ 2 1. A detained person placed in a room must be released:
1)when the cause for detention has ceased;
2)on the court’s order or instruction;
3)on public prosecutor’s order
4)within 48 hours from the moment of detention unless the person was placed at the court’s disposal with the motion for preliminary custody;
5) if within 24 hours from the moment of detention he or she was placed at the court’s disposal without being presented a decision about preliminary custody.
§ 3 A person brought in order to return to a state of soberness must be released:
1)when he or she returns to a state of soberness, however, not later than within 24 hours;
2)on the basis of a doctor’s certificate stating that further stay in a room may put his or her health or life in danger.
§ 4.1. A detained person accepted to the room is subjected to a medical examination and first aid in the cases and upon the rules specified in the regulations concerning medical examinations of persons detained by the police.
2. A detained person or a person brought in order to return to a state of soberness is placed in a room after being examined by a doctor who upon the examination states the following:
1) there are no contraindications against placing a person in a room or
2) medical contraindications appeared against staying of a person in the room or necessity of sending a person to hospital or any other medical care unit or
3) a detained person refused medical examination and there are no reasons of sending a person to hospital or any other medical care unit or
4) a detained person refused medical examination and there are reasons of sending a person to hospital or any other medical care unit or
5) kind of medicines a person must take and a way of administering them.
3. Upon the circumstances described in item 2 a doctor issues a medical certificate.
4. Circumstances described in item 2 point 3 do not give a reason justifying not accepting a person brought in order to return to a state of soberness to the room.
5. Upon the circumstances described in item 2 points 2 and 4 transportation of a person brought in order to return to a state of soberness to hospital or any other medical care unit is done by special means of sanitary transport.
6. The course and medical examination results performed in the room are recorded by the doctor in doctor`s visits book.
§5.1.On admission to a room a detained person is obliged:
1) to give personal data, information on the place of residence and information about his or her health;
2) to deposit:
a)money, valuables (e.g. a wedding-ring, a signet-ring, a ring and a watch)
b)identity cards, means of communication and technical equipment for recording and playing information purposes
c)objects which can endanger the order and safety in the room, especially objects with sharp edges or tips, tools for disabling a person, medical products authorized to saleand alcohol as well as shoe-laces, belts, scarves, matches and lighters, other objects which dimensions or quantity may adversely affect the order or safety of stay in the room.
2. A detained person is to undergo a detailed personal search in order to take away belongings described in item 1 point 2.
§ 6.1. Objects mentioned in § 5. Item 1, point 2 are enumerated on a deposit list with their specific features being specifically indicated. The list is signed by a detained person and by a police officer who deposited them.
2. If a detained person refuses to sign the list or is unable to do it, this fact is noted on a deposit list with a note about a presence of another police officer who certifies this by his or her own signature.
3. A person placed in a room, with the reservation of item 4, has a right to dispose of deposited objects mentioned in § 5 item 1 point 2 if they were not kept or distained because of security or carrying out of an administrative decision, and the person is 18 years old, and a person will authorize in writing other person to collect the objects.
4. The objects described in § 5 item 1 point 2 cannot be transferred to another person placed in the room.
§ 7. 1. A detained person or a person brought in order to return to a state of soberness is placed in a room assigned for detained persons or persons brought in order to return to a state of soberness shown by a police officer on duty or in charge of this room and takes a sleeping place, in addition:
1. persons of opposite sex are placed separately
2. persons brought in order to return to a state of soberness are not placed in a room with sober persons
4. persons under 18 are not placed in a room with adults
§ 8.A person placed is in the room is under an obligation:
1) to obey the regulations of stay in the room;
2) to carry out instructions given by a police officer on duty;
3) to keep to rules of night hours from 10 p.m. to 6 a.m., on holidays to 7 a.m.;
4) to keep to rules of community life;
5) to maintain personal hygiene and cleanliness of the room;
6) to use the equipment in the room according to its purpose;
7) to inform immediately a police officer on duty about any life or health threat, damage of the room equipment or other dangerous incidents.
§ 9.1 A person placed in a room uses his or her own clothes, underwear and shoes.
2. If things mentioned in item1 are not suitable to use or their use is forbidden due to hygienic requirements, a detained person or a person brought in order to return to a state of soberness may be provided with necessary clothes, underwear and shoes free of charge. Decision about providing clothes, underwear and shoes free of charge for a detained person or a person brought in order to return to a state of soberness staying in the room is made by a head officer of a police unit in which these rooms are located or other person authorized by him or her.
3. Substitute clothing is provided for a person admitted to a room who is detained, provisionally detained or sentenced for committing an offence in connection with:
1) committing or being suspected of an offence qualified as terrorism,
committing a crime with particular cruelty, with use of arms or explosives.
2) participation or being suspected of participation in organized armed crime groups .
4. Substitute clothing is provided for a person admitted to a room whose clothing was secured as evidence in instituted proceedings.
5. A person placed in a room or a person brought in order to return to a state of soberness is provided with all materials essential for personal hygiene, including soap and a towel for as long as it is necessary to use them and free of charge.
6.During the night hours and when it is well-founded at other time of a day, a detained person is provided with a mattress, a bolster, a blanket (in autumn and winter two blankets) and bedclothes – two sheets and a pillow-case.
§ 10.1. A person placed in a room has a right:
1) to receive three meals a day, including at least one hot, soft drinks to quench the thirst, in addition to which:
a) calorific value of meals during 24 hours should amount to 60% of school standard set up by the regulation concerning cases of receiving meals by a policeman and the standards of these meals but not less than 2.600 kcal. In the cases of pregnant women and persons under the age of 18 – 75% of the standards but not less than 3.200 kcal.
b) in case when meals for the detained are prepared in penal institutions and detention houses subordinated to the Ministry of Justice are applied standards concerning calorific value described in regulations about daily norms of board and kind of diet for the detained placed in penal institutions and detention houses.
c) with reservation to point d) meals are served after minimum 5 hours from the moment of placing a detained person in a room and are scheduled as follows:
7 – 8 a.m. – breakfast, 30% of calorific value of meals determined in a),
12 – 2 p.m. – lunch, 40% of calorific value of meals determined in a),
6 – 7 p.m. – supper, 30% of calorific value of meals determined in a),
d) persons convoyed from abroad will receive meal within 2 hours after being placed in a room - 30% of calorific value of meals determined in a). If admission to a room takes place between 6 p.m. and 8 a.m. such a person will not receive meal described in c).
e) a detained person has a right to receive the first meal if a person is transferred or handed over to convoy and will not have opportunity to have meal in the hours scheduled in c),
f) in cases if a detained person`s health condition requires it, meals are servedaccording to diet prescribed by a doctor,
2) a person brought in order to return to a state of soberness gets only a soft drink to quench the thirst;
3) to receive medical care;
4) to use sanitary facilities and materials necessary for personal hygiene;
5) to possess objects of worship – on condition that their properties do not endanger safety in the room;
6) to worship in the way that does not disturb order and safety in the room;
7) to read papers;
8) to buy cigarettes, papers on his or her money and keep them in the room for detained persons as well as other personal things on condition that these items and their packaging do not disturb order and safety in the room;
9) to smoke cigarettes in an appropriate place – if permitted by the officer on duty and in accordance with regulations concerning detailed conditions connected with the use of tobacco in the buildings and means of transport of persons subordinated to the minister of internal affairs;
10) to receive:
a) after checking them in their presence- parcels containing personal things, in particular clothes, shoes, dressings and hygienic materials,
b) medicines prescribed by a doctor which can be made available only with the doctor`s permission and according to arrangements made with him. Medicines are administered to the detained person by a doctor or officer on duty according to the arrangements made with a doctor;
11) to make requests, lodge complaints and motions to the police officer in charge of the room or to the commander of the police unit where the room is located.
2. Executing the rights stated in the regulation item 1 point 8 should be secured by a police officer not more than once a day, respectively to the possibilities.
3. Hot meals are served to the detained person in circumstances described in item 1 point 1 d) and e).
§ 11. A person brought in order to return to a state of soberness is under an obligation to cover the cost of stay in the room in the amount stated in regulations concerning the way of bringing and accepting intoxicated persons to detoxification detention centre, police units and other units created or recommended by local government and releasing them from these places.
§ 12.1. A person released from the room is given back his or her deposited objects.
2. Money or property remain in a depository if they were kept or secured in the course of administrative execution are not given back.
3. If a person is released from the room in order to be convoyed, objects of value and the objects which could be a danger to order and security in the room, which are mentioned in § 5 item 1 point 2 with the exception of shoe-laces, belts and scarves are placed in the custody of a convoy officer for the time of convoy and later they are handed over to an authorized person at destination.
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