Afederal prisonis operated under the jurisdiction of afederal governmentas opposed to a state or provincial body. Federalprisonsare used for people who violated federal law (U.S., Mexico), people considered dangerous (Brazil), or those sentenced to longer terms of imprisonment (Canada). Not all federated countries have a legal concept of "federal prison".[citation needed]
Australia
editTheAustralian Federal Governmentdoes not directly control most prisons or detention facilities. There are a relatively small number of federal detention facilities, consisting of military detention facilities (such as theDefence Force Correctional Establishment),immigration detention facilities,and holding cells inAustralian Federal Policestations in some territories.[1]
The vast majority of criminal prosecutions in Australia take place withinstate or territorycourt systems under state or territory law, however there are a relatively small number of prosecutions in state and federal courts under federal law (such as theCrimes Act 1914).
Section 120 of the Constitution of Australiaprovides that:
Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision.[2]
Accordingly, civilian federal offenders who are remanded in custody, or have been sentenced to imprisonment, are detained in state or territory prisons.
Brazil
editThe Brazil federal prison system (Sistema Penitenciário Federal) was implemented in 2006 based on the provisions of the 1984 law "Lei de Execução Penal". It receives the most dangerous criminals who would be disruptive in state prisons.[3]
Canada
editIn Canada, theCorrectional Service of Canadaoperates federal penitentiaries, which house inmates with sentences of two years or more; provincial prisons are responsible for those with shorter terms.[4]
Germany
editTheprisons in Germanyare run solely by thefederal states,although governed by a federal law.
Mexico
editThe federal prison system in Mexico is run by theSecretariat of Public Securityand receives prisoners sentenced and being processed for federal crimes.[5]
Russia
editAll penal establishments in theRussian Federationare governed by theFederal Penitentiary Service.[6]
United States
editTheFederal Bureau of Prisons(BOP), established with the passing of the Three Prisons Act of 1891, is responsible for the administration of federal prison facilities in the United States, as well as the custody and welfare of federal inmates. The BOP also provides researchers with background information and statistics regarding the Federal Prison System.[7]
References
edit- ^Commonwealth Ombudsman(September 2019).Implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) - Baseline Assessment of Australia's OPCAT Readiness(PDF)(Report).
- ^Constitution(Cth)s 120Custody of offenders against laws of the Commonwealth.
- ^Quinto presídio de segurança máxima do país será construído no DF,Brazil Ministry of Justice, 29/11/2013
- ^"Frequently Asked Questions".Correctional Service Canada. 28 July 2010.RetrievedDecember 1,2013.
- ^Mexico: Government builds 8 maximum-security prisonsArchived2013-12-17 at theWayback Machine,Sergio Ramos, Infosurhoy, 04/12/2012
- ^"Federal Penitentiary Service".Government of the Russian Federation.Retrieved16 December2013.
- ^Bosworth, Mary (2002).The US Federal Prison System.p. 4.ISBN0761923047.Retrieved2015-10-21.