EXECUTION OF THE CUSTODIAL SENTENCE

Law 26,813

Law 24,660. Amendments. Sanctioned: November 28, 2012 Enacted: January 10, 2013

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-It is incorporated as Article 56 ter of Law 24,660, the following text:

Article 56 ter: In the cases of persons convicted of the offences provided for in Articles 119, second and third paragraph, 120, 124 and 125 of the Penal Code, a specialized intervention shall be established and appropriate to the needs of the internal the purpose of facilitating their reintegration into the social environment, which will be carried out by the specialised team provided for in Article 185 (l) of this Law. In all cases, at the time of recovery of the penalty, the sentenced person, a summary of his/her medical history and a court order shall be granted for the purpose of obtaining a referral to a health centre, in the event that is necessary.

ARTICLE 2-Amend Article 17 of Law 24,660, which shall be worded as follows:

Article 17: For the granting of transitional exits or incorporation into the system of semi-freedom, it is necessary to: I. Be understood in any of the following minimum runtimes: (a) Temporary penalty without the access to Article 52 of the Penal code: half of the sentence; (b) perpetual penas without the access to article 52 of the Penal Code: fifteen (15) years; (c) Accessory of article 52 of the Penal Code, served the sentence: three (3) years. II. Do not have open cause where you are interested in your detention or other pending conviction. III. Possess exemplary conduct or the maximum degree likely to be attained according to the time of hospitalization. IV. Merit, of the technical-criminological body, of the correctional council of the establishment and, if appropriate, of the specialized team provided for in article 185 (l) of this law, a favorable concept regarding its evolution and the effect beneficial that the departures or the regime of semi-freedom may have for the future personal, family and social of the condemned person. V. In the cases of persons convicted of the offences provided for in Articles 119, second and third paragraph, 120, and 125 of the Criminal Code, before a decision is taken, a report of the interdisciplinary team of the Court of Justice shall be required. execution and the victim or his legal representative shall be notified that

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will be heard if you want to make any demonstrations. The staff member may propose expert experts in his capacity, who shall be entitled to submit his own report.

ARTICLE 3-Amend Article 19 of Law 24,660, which shall be worded as follows:

Article 19: The transitional exits and the semi-freedom regime shall be available to the executing judge or competent judge, specifying the rules to be observed and the amendments to be made by the sentenced person; where appropriate in the case of non-compliance of the rules, the judge shall suspend or revoke the benefit where the offence is serious or repeated. In the cases of persons convicted of the offences provided for in Articles 119, second and third paragraph, 120 and 125 of the Criminal Code shall continue the intervention provided for in Article 56b of this Law. In implementing the granting of transitional exits and the semi-freedom regime, an employee or the placement of an electronic control device shall be required to accompany them, which may be waived only by judicial decision, prior to the report of the inspection bodies and the interdisciplinary team of the court of execution.

ARTICLE 4 °-Amend Article 27 of Law 24,660, which shall be worded as follows:

Article 27: The verification and updating of the treatment referred to in Article 13 (d) shall be carried out by the criminal technical body and shall be carried out at least every six (6) months. In the cases of persons convicted of the offences referred to in Articles 119, second and third paragraph, 120, 124 and 125 of the Criminal Code, the professionals of the specialised staff of the establishment shall draw up a detailed report taking into account the evolution of the internal market and any other circumstances that may be relevant.

ARTICLE 5-Amend Article 28 of Law 24,660, which shall be worded as follows:

Article 28: The judge responsible may grant conditional release to the sentenced person who meets the requirements laid down in the Criminal Code, after the substantiated reports of the technical-criminological body of the establishment and, if appropriate, of the specialized equipment provided for in Article 185 (l) of this law. This report shall contain the background of conduct, the concept and the criminological opinions from the start of the execution of the sentence. In the cases of persons convicted of the offences referred to in Articles 119, second and third paragraph, 120 and 125 of the Criminal Code, before taking a decision, the judge shall take direct knowledge of the sentenced person and hear him if he wishes to to make some manifestation. A report of the court's interdisciplinary team will also be required and the victim or his legal representative will be notified, who will be heard if he wishes to make any demonstrations. The staff member may propose expert experts in his capacity, who shall be entitled to submit his own report. In implementing the granting of probation, an electronic control device shall be required, which may only be waived by a judicial decision, subject to a report from the control bodies and the interdisciplinary team of the court of execution.

ARTICLE 6-Amend Article 33 of Law 24,660, which shall be worded as follows:

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Article 33: Home detention must be provided by the executing or competent judge. In Article 32 (b) and (c), the decision shall be based on medical, psychological and social reports. The judge, when he considers it appropriate, may arrange for the supervision of the measure by a registered employer or a qualified social service, in the absence of such a measure. In no case shall the person be in charge of police or security agencies. In the cases of persons convicted of the offences referred to in Articles 119, second and third paragraph, 120, 124 and 125 of the Criminal Code, a report of the specialised team provided for in Article 185 (l) of this Law and of the interdisciplinary team of the court of execution, who must evaluate the effect of the granting of the home prison for the personal and family future of the inmate. The staff member may propose expert experts in his capacity, who shall be entitled to submit his own report. When implementing the concession of the home prison, an electronic control device will be required, which can only be dispensed by judicial decision, with the prior report of the control bodies and the interdisciplinary team of the court of justice. execution.

ARTICLE 7-Amend Article 45 of Law 24,660, which shall be worded as follows:

Article 45: In each case, the executing judge or competent judge shall determine, by means of a well-founded decision, the plan for the execution of the discontinuous or semi-final prison, the schedules of compulsory submission of the sentenced person, the rules of conduct which undertakes to observe in the free life and the obligation to abide by the norms of coexistence of the institution, having the supervision that it considers convenient. In the cases of persons convicted of the offences provided for in Articles 119, second and third paragraph, 120 and 125 of the Penal Code, when implementing the discontinuous or semi-final concession, the following shall be required: used or the placement of an electronic control device, which may only be dispensed by a judicial decision, subject to a report by the control bodies and the interdisciplinary team of the court of enforcement. The staff member may propose expert experts in his capacity, who shall be entitled to submit his own report.

ARTICLE 8-Amend Article 54 of Law 24,660, which shall be worded as follows:

Article 54: Assisted freedom shall permit the sentenced person without the access to Article 52 of the Penal Code, the advance discharge and his return to the free environment six (6) months prior to the exhaustion of the temporary penalty. The executing judge or competent judge, at the request of the convicted and prior to the reports of the technical-criminological body, of the correctional council of the establishment and, if appropriate, of the specialized equipment provided for in point (l) of the article 185 of this law, may provide for the incorporation of the sentenced person to the regime of assisted freedom. The executing judge or competent judge may refuse the entry of the sentenced person to this scheme only exceptionally and when he considers, by a well-founded decision, that the discharge may constitute a serious risk to the sentenced person or to the company. In the cases of persons convicted of the offences referred to in Articles 119, second and third paragraph, 120 and 125 of the Criminal Code, before taking a decision, the judge shall take direct knowledge of the sentenced person and hear him if he wishes to to make some manifestation.

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A report of the court's interdisciplinary team will also be required and the victim or his legal representative will be notified, who will be heard if he wishes to make any demonstrations. The staff member may propose expert experts in his capacity, who shall be entitled to submit his own report. When implementing the grant of assisted freedom, an electronic control device shall be required, which may be waived only by a judicial decision, after a report of the inspection bodies and the interdisciplinary team of the court of execution.

ARTICLE 9-Amend Article 166 of Law 24,660, which shall be worded as follows:

Article 166: The inmate shall be authorized, in the event of a serious illness or accident or the death of family members or relatives with a right to visit or correspondence, to perform his or her moral duties, except where they are serious and substantiated. reasons to resolve the contrary. In the cases of persons prosecuted or convicted for the offences provided for in Articles 119, second and third paragraph, 120, 124 and 125 of the Penal Code, the following shall be required in all cases for two (2) employees of the Custody Service, Transfers and Fixed Objectives of the Federal Penitentiary Service.

ARTICLE 10. -amend Article 185 of Law 24,660, which shall be worded as follows:

Article 185: establishments for the execution of custodial sentences, having regard to their specific destination, shall have at least the following means: (a) suitable staff, in particular the one who is in daily contact with the inmates, who must carry out a predominantly educational activity; b) A technical-criminal body to which a multidisciplinary team is part by a psychiatrist, a psychologist and a social worker, and possibly, among others, by an educator and a lawyer, all of whom have a specialization in criminology and related disciplines; c) Medical and dental services according to the location, type of (d) Work programmes to ensure the full employment of the European (e) Library and school by teaching staff with an enabling title, with the sections indispensable for the teaching of the inmates who are required to attend; (f) Chaplain appointed by the State or (g) Corrective Council, the members of which represent the essential aspects of the treatment; (h) Facilities for recreational and sporting programmes; (i) Local and appropriate means to accommodate the inmates; present acute psychiatric episodes or psychopathic conditions with severe alterations of the (j) separate and independent sections for the accommodation and treatment of internal drug users; (k) appropriate facilities for the various classes of authorised visits; (l) a team composed of professionals specialised in the field of the assistance of inmates convicted of the offences referred to in Articles 119, 2 and 3, 120, 124 and 125. ARTICLE 11. -Contact the national executive branch.

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GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TWENTY-EIGHT

NOVEMBER OF THE YEAR TWO THOUSAND TWELVE.

-REGISTERED UNDER NO 26,813-

BELOVED BOUDOU-JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 16/01/2013

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