EXECUTION OF THE CUSTODIAL SENTENCE

Law 26,695

Amend Law No 24,660. Sanctioned: July 27, 2011 Enacted in Fact: August 24, 2011

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

ARTICLE 1-Substitute Chapter VIII, Articles 133 to 142, of Law 24,660 for the following:

Article 133: Right to education. All people deprived of their freedom are entitled to public education. The national state, the provinces and the Autonomous City of Buenos Aires have an indomitable responsibility to provide a priority to a comprehensive, permanent and quality education for all people deprived of their freedom in their own country. jurisdiction, guaranteeing equality and gratuitousness in the exercise of this right, with the participation of non-governmental organizations and families. The inmates must have full access to education at all levels and modalities in accordance with the laws 26.206 of National Education, 26,058 of Technical and Professional Education, 26.150 of Integral Sexual Education, 24,521 of Education Superior and any other applicable standard. The aims and objectives of the educational policy regarding the private persons of their freedom are identical to those set for all the inhabitants of the Nation by the Law of National Education. The purposes of this law cannot be understood in the sense of altering them in any way. All inmates must complete the compulsory schooling laid down in the law.

Article 134: Duties. It is the duties of the students to study and participate in all the 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 to collaborate in the improvement of the coexistence and in the achievement of an adequate climate of study in the institution, respecting the right of their companions to the education and the orientations of the authority, the teachers and the teachers, to respect the educational plan institutions, rules of organization, coexistence and discipline of the establishment, attending to class regularly and with punctuality and to maintain and make good use of the facilities, equipment and teaching materials of the establishment.

Article 135: Restrictions prohibited on the right to education. Access to education at all levels and modalities shall not be subject to any limitation based on discriminatory grounds, or on the procedural situation of the inmates, the type of detention facility, the mode of confinement, the level of security, the degree of progress in the progressiveness of the prison system, the qualifications of

https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09

Page 1

(a) conduct or concept, or in any other circumstance, which implies an unjustified restriction on the right to education.

Article 136: Special situations. The special needs of any person or group will be met in order to ensure full access to education, as established by the National Education Act 26.206. The private woman of her freedom will be especially assisted during pregnancy, childbirth, and will be provided the material means for the proper upbringing of her child as long as it remains in the prison environment, facilitating the continuity and the completion of the studies, as provided for in Article 58 of the National Education Act.

Article 137: Notification to the Internal The content of this chapter will be brought to the attention of all persons deprived of liberty, in a feisty form, at the time of their admission to an institution. From the very moment of entry, the internal will be assured of its right to education, and the necessary measures will be taken to maintain, promote and improve its capabilities and instruction. Each time an inmate enters an establishment, the educational and prison authorities must certify their level of instruction by placing on record in the personal file and in the relevant records. In case of entry with an incomplete level of schooling, the educational authority will determine the degree of study achieved through the procedures stipulated for the students of the educational system and will ensure the continuity of these studies. since the last degree reached at the time of deprivation of liberty.

Article 138: Implementation actions. The Ministry of Education will agree and coordinate all the actions, strategies and mechanisms necessary for the adequate satisfaction of the obligations of this chapter with the national and provincial authorities and the Autonomous City of Buenos Aires. Aires, with institutes of higher education of state management and with National Universities. The Ministry of Justice and Human Rights and their 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 freedom, they must take the instructions of the educational authority and take all necessary measures to comply with the provisions of this Chapter. Among other actions, they will have to provide appropriate areas for education, both for the inmates and for the teaching and prison staff, to adopt the relevant budgetary and regulatory forecasts, to remove any obstacles that limit the rights of persons with disabilities, ensure the permanence of the inmates in those establishments where they are regularly pursuing, maintain an adequate record of the credits and educational achievements, require and preserve any antecedents useful to the best training of the internal, to guarantee the permanent training of the penitentiary staff in the relevant areas, encouraging the subscription of cooperation agreements with public and private institutions, ensuring access to information and the educational areas of families and organisations and institutions linked to the topic, encouraging visits and all activities that increase contact with the outside world, including the contact of the inmates with students, teachers and teachers from other areas, the facilitation of the right to teaching of those inmates with aptitude for this, and the adoption of any other useful measure to the full and equal satisfaction of the right to education. In any case, a library for the inmates will also work, and its use as stipulated in the Law of National Education must be encouraged.

https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09

Page 2

Article 139: Documentation and certificates. For the purposes of ensuring the provision and continuity of the studies, the corresponding appropriations and educational achievements achieved in a total or partial manner shall be documented in the staff of the internal or processed, which shall also be entered in the the documentation of the relevant educational institution. In case of transfer of the internal or processed, the educational authority must be informed by the appropriate judicial authority to proceed to automatically process the pass and the equivalences according to the educational institution and the plan studies that correspond to the new prison or educational destination that is chosen when the freedom is restored. Certificates of study and diplomas issued by the competent educational authority during the stay of the inmate in a penitentiary establishment shall not contain any indication that such a circumstance may be warned.

Article 140: Educational stimulus. The deadlines required for advancement through the different phases and periods of the progressiveness of the prison system will be reduced according to the guidelines set out in this article, with respect to the internal ones that complete and approve satisfactorily or in part, their primary, secondary, tertiary, university, post-graduate or vocational training or equivalent studies, in accordance with the provisions of Law 26.206 in Chapter XII: (a) one (1) month (b) two (2) months per year of annual vocational training or equivalent; (c) two months (2) months for primary studies; (d) three (3) months for secondary studies; (e) three (3) months for tertiary level studies; (f) four (4) months for university studies; (g) two (2) months for 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 freedom. The Ministry of Education and the Ministry of Justice and Human Rights and their provincial equivalents will have to establish, within the framework of the Federal Education Council, a system of public, reliable, accessible and current information on demand. and educational offerings, spaces and study programs in each establishment and maintain an adequate record of their variations. The full access to this information must be guaranteed to the National Attorney's Office, to non-governmental organizations interested in the issue, and to lawyers, competent officials, academics, family members of private individuals his freedom, and to every other person with legitimate interest.

Article 142: Judicial review. Obstacles and non-compliances in access to the right to education may be remedied by the competent judges through the right habeas corpus, even collectively. By way of exception, judges may ensure education through a third-party account of the State, or, in the case of compulsory schooling, of the continuation of studies in the free environment.

ARTICLE 2-Transitional provisions. Article 140 shall apply to any person deprived of his or her freedom, who has achieved the intended goals prior to his or her sanction. The national executive branch will guarantee the creation of spaces and study programs for all establishments where they do not yet exist, within the maximum period of two (2) years.

https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09

Page 3

ARTICLE 3-Commune to the national executive branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-SEVEN DAYS OF THE MONTH OF JULY OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26,695-JULY C. C. COBOS. -EDUARDO A. FELLNER. -Enrique Hidalgo. -Luis G. Borsani.

Date of publication: 29/08/2011

https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09

Page 4