Posted the: 2013-09-06 Numac: 2013009419 FEDERAL JUSTICE PUBLIC SERVICE July 1, 2013. -Act to amend the Act's principles of 12 January 2005 on the prison administration and the legal status of prisoners (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. article 84 of the Act's principles of 12 January 2005 on the prison administration and the legal status of the detainees is complemented by a § 4, as follows: "§ § 4 4» Work available in prison is not the subject of a contract of employment within the meaning of the employment contracts Act of 3 July 1978. ».
S. 3. in title V of the Act, it is inserted a chapter XI, entitled 'the levy on amounts owed by the prison administration.
S. 4. in chapter XI, inserted by article 3, article be inserted a 104/1 as follows: "If, by negligence or malice, the inmate causes degradations assets which are put at its disposal by the prison administration, the Director may recover the amount of the damage caused on the sums which are due to the detainee by the prison administration.
The levy on revenues of prison labour may per month, rising to more than 40 percent of the amount to be granted. ».
S. 5. in article 108, paragraph 2, of the Act, paragraph 1 is replaced by the following: "all detainees are searched in the body:-upon entering the prison;
-prior to placement in a secure cell or confinement in a punishment cell.
-According to the directives in force in the prison after visiting with people referred to in article 59 when it was not held in a room equipped with a transparent wall that separates visitors detainees.
The inmate is searched in the body when the Director considers that there are individualised clues that search of the clothes is not enough to achieve the purpose described in the § 1, paragraph 2. The Director must give its decision in writing to the inmate at the latest 24 hours after the search took place.
The body search allows to require the inmate to undress to inspect outside the body and the openings and body cavities. ».
S. 6. article 129 of the same Act is supplemented by a 9 ° as follows: '9 ° ownership or the use of technological means that allow to communicate in an irregular manner with the outside world.'.
S. 7. section 130 of the Act, the following amendments are made: 1) 2 ° is replaced by the following: '2 ° failure to comply with the provisions of the rules of procedure;';
(2) 5 ° is supplemented by the words ", with the exception of the disciplinary offence referred to in article 129, 9 °.
S. 8. article 132, 4 ° of the Act is supplemented by a paragraph worded as follows: 'this sanction may be imposed for a maximum of 14 days in the case of hostage-taking.'.
S. 9. A section 144 of the Act, amended by the law of 23 December 2005 and March 2, 2010, the following changes are made: 1) to the § 1, second sentence, the words "§ 2 or to the" are repealed;
(2) § 2 is repealed.
10. in article 167, § 4, of the Act, paragraph (2) is repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 1, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2603/001. -Amendments, 53-2603/002 and 003-2603-53.
-Report, 53-2603/004. -Text adopted by the commission, 53-2603/005. -Amendment 53-2603/006. -Text adopted in plenary meeting and forwarded to the Senate, 53-2603/007.
Full record: 29 and 30 may 2013.
Senate Documents. -Project not mentioned by the Senate, 5-2126, no. 1.
Annals of the Senate. -19 June 2013.