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Enforcement Of The Custodial Sentence Law N? 24.660 - Modification - Full Text Of The Norm

Original Language Title: EJECUCION DE LA PENA PRIVATIVA DE LA LIBERTAD LEY N? 24.660 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
IMPLEMENTATION OF THE PRIVATE CRIMINATION OF LIBERTY Law 26,695 Amend Act No. 24,660. Sanctioned: July 27, 2011 Cast: August 24, 2011

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 O Replace chapter VIII, articles 133 to 142, of Law 24,660 with the following:

Article 133: Right to education. All persons deprived of their liberty have the right to public education. The national State, the provinces and the Autonomous City of Buenos Aires have an indelible responsibility to give priority to comprehensive, permanent and quality education for all persons deprived of their liberty in their jurisdictions, ensuring equality and free enjoyment of this right, with the participation of non-governmental organizations and families.

The inmates must have full access to education at all levels and in accordance with the laws 26,206 of National Education, 26.058 of Technical-Professional Education, 26.150 of Comprehensive Sexual Education, 24,521 of Higher Education and any other applicable standard.

The aims and objectives of the education policy for persons deprived of their liberty are identical to those set for all the inhabitants of the Nation by the National Education Act. The purposes of this law cannot be understood in the sense of altering them in any way. All inmates must complete the compulsory schooling prescribed by law.

Article 134: Duties. It is the duty of students to study and participate in all training and complementary activities, to respect the freedom of conscience, the dignity, integrity and intimacy of all members of the educational community, to participate and collaborate in the improvement of coexistence and in the attainment of an adequate climate of study in the institution, respecting the right of their peers to education and guidance of the authority, teachers and teachers, to respect the institutional educational project, the rules of organization, coexistence and discipline of the establishment.

Article 135: Restrictions on the right to education. Access to education at all levels and modalities shall not allow any limitation based on discriminatory grounds, nor on the procedural situation of inmates, the type of detention, the type of confinement, the level of security, the degree of progress in the progressiveness of the prison regime, the qualifications of conduct or concept, or in any other circumstances involving an unjustified restriction on the right to education.

Article 136: Special situations. The special needs of any person or group shall be met in order to ensure full access to education, as set out in the National Education Act 26,206. Women deprived of their liberty will be especially assisted during pregnancy, childbirth, and will be provided with the material means for the proper upbringing of their child while in prison, providing continuity and completion of studies, as stipulated in article 58 of the National Education Act.

Article 137: Notification to the intern. The content of this chapter will be brought to the attention of all persons deprived of liberty, in a fruitful manner, at the time of their entry to an institution. From the very moment of entry, the detainee shall be guaranteed his right to education, and the necessary measures shall be taken to maintain, promote and improve his or her capacities and instruction. Whenever an intern enters a facility, the educational and correctional authorities shall certify their level of instruction by registering in the personal file and in the relevant records.

In the event of an incomplete level of schooling, the educational authority shall determine the degree of study achieved through the procedures stipulated for pupils in the education system and ensure the continuity of such studies from the last degree of deprivation of liberty.

Article 138: Actions for implementation. The Ministry of Education will agree and coordinate all actions, strategies and mechanisms necessary for the proper satisfaction of the obligations of this chapter with the national and provincial authorities and the Autonomous City of Buenos Aires, with Institutes of Higher Education of State Management and with National Universities.

The Ministry of Justice and Human Rights and its provincial equivalents and the Autonomous City of Buenos Aires, the prison authority, and the bodies responsible for the institutions in which children and adolescents are deprived of their liberty, shall comply with the indications of the educational authority and take all necessary measures to comply with the provisions of this chapter.

Among other actions, they should provide appropriate areas for education, both for inmates and for teaching and correctional personnel, adopt relevant budgetary and regulatory provisions, remove any obstacles that limit the rights of persons with disabilities, ensure the retention of inmates in those establishments where they regularly attend, maintain proper registration of the credits and educational achievements, require and conserve any relevant background to the best training of inmates, ensure the continued training of prison staff,

In any establishment, a library for inmates will also operate, and its use should be encouraged under the National Education Act.

Article 139: Documentation and certificates. For the purpose of ensuring the provision and continuity of studies, the corresponding educational credits and accomplishments achieved in a total or partial manner will be documented in the personal legajo of the detainee or processed, which will be included in the documentation of the corresponding educational institution. In the event of the transfer of an intern or a defendant, the educational authority shall be informed by the appropriate judicial authority to proceed to automatically process the pass and equivalences in accordance with the educational institution and the curriculum that corresponds to the new prison or educational destination chosen when the release is regained. Certificates of studies and diplomas extended by the competent educational authority during the stay of the detainee in a penitentiary institution should not contain any indication that would allow for such an indication.

Article 140: Education. The time frames required for progress through the various phases and periods of progression of the penitentiary system shall be reduced in accordance with the guidelines set out in this article, for inmates who successfully complete and approve their primary, secondary, tertiary, university, postgraduate, vocational or equivalent education, in line with the provisions of Act No. 26,206, Chapter XII:

(a) one (1) month per annual school cycle;

(b) Two (2) months per annual or equivalent vocational training course;

(c) 2 (2) months by primary education;

(d) three (3) months for secondary studies;

(e) three (3) months for tertiary studies;

(f) Four (4) months for university studies;

(g) 2 (2) months per postgraduate courses.

These deadlines will be cumulative up to a maximum of twenty (20) months.

Article 141: Control of the educational management of persons deprived of their liberty. The Ministry of Education and the Ministry of Justice and Human Rights and its provincial equivalents should establish, within the framework of the Federal Education Council, a system of public, reliable, accessible and current information on the demand and supply of education, the existing spaces and curricula in each establishment and maintain a proper record of their variations. The extensive access to such information should be ensured to the National Prison, non-governmental organizations concerned with the issue, and to lawyers, competent officials, academics, relatives of persons deprived of their liberty, and to all other persons with legitimate interest.

Article 142: Judicial control. Obstacles and non-compliance with access to the right to education may be remedied by competent judges through the remedy of habeas corpus, including collectively. Exceptionally, judges may ensure education through a third party on the State ' s account, or, in the case of compulsory schooling, continuing education in the free environment.

ARTICLE 2 O Transitional provisions. The rule of article 140 shall apply to any person deprived of his or her liberty, who has attained the targets set prior to his or her sanction.

The national executive branch will ensure the creation of spaces and curricula for all establishments where they do not yet exist, within the maximum period of two (2) years.

ARTICLE 3o O Contact the national executive branch.



JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Luis G. Borsani.