An Act To Amend The Act's Principles Of 12 January 2005 On The Prison Administration And The Legal Status Of Prisoners (1)

Original Language Title: Loi modifiant la loi de principes du 12 janvier 2005 concernant l'administration pénitentiaire ainsi que le statut juridique des détenus (1)

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1 JULY 2013. - An Act to amend the Act of Principles of January 12, 2005 on Prison Administration and the Legal Status of Prisoners (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 84 of the Law of Principles of 12 January 2005 concerning the prison administration and the legal status of prisoners is supplemented by § 4, which reads as follows:
Ҥ4. The work made available in prison is not subject to a contract of employment within the meaning of the Act of 3 July 1978 on employment contracts. "
Art. 3. In title V of the same law, a chapter XI is inserted, entitled "From the collection of sums due by the prison administration".
Art. 4. In Chapter XI, inserted by Article 3, an article 104/1 is inserted as follows:
"If, by negligence or malice, the detainee causes damage to property that is made available to him by the prison administration, the director may recover the amount of damage caused on the amounts due to the detainee by the prison administration. The collection of income from penitentiary work cannot, per month, rise to more than forty percent of the amount to be awarded. "
Art. 5. In section 108, § 2, of the Act, paragraph 1er is replaced by the following:
"All prisoners are searched in the body:
- when they entered the prison;
- prior to placing in a secure cell or locking in a punishment cell;
- in accordance with the directives in force in the prison, after the visit with persons mentioned in section 59 when it did not take place in a room with a transparent wall that separates visitors from the detainees.
The detainee is searched to the body when the director considers that there are individualized clues that the search of clothes is not sufficient to achieve the purpose described in § 1erParagraph 2. The Director shall give his decision in writing to the detainee no later than twenty-four hours after the search took place.
The body search allows the detainee to undress in order to inspect the body and the openings and cavities of the body from the outside. "
Art. 6. Section 129 of the Act is supplemented by a 9° written as follows:
"9° the possession or use of technological means that enable irregular communication with the outside world. "
Art. 7. In section 130 of the Act, the following amendments are made:
1) the 2° is replaced by the following:
"(2) failure to comply with the provisions of the rules of procedure; »;
(2) the 5th is supplemented by the words ", except for the disciplinary offence referred to in section 129, 9°".
Art. 8. Section 132, 4° of the Act is supplemented by a paragraph written as follows:
"This penalty may be imposed for a maximum period of fourteen days in case of hostage taking. "
Art. 9. In section 144 of the Act, as amended by the Acts of 23 December 2005 and 2 March 2010, the following amendments are made:
(1) to § 1er, second sentence, the words "paragraph 2 or " are repealed;
(2) § 2 is repealed.
Art. 10. In section 167, § 4, of the Act, paragraph 2 is repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1er July 2013.
By the King:
The Minister of Justice,
Seal of the state seal:
The Minister of Justice,
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill 53-2603/001. - Amendments, 53-2603/002 and 53-2603/003. - Report, 53-2603/004. - Text adopted by the Commission, 53-2603/005. - Amendment, 53-2603/006. - Text adopted in plenary session and transmitted to the Senate, 53-2603/007.
Full report: 29 and 30 May 2013.
Documents. - Project not referred to by the Senate, 5-2126, No. 1.
Annales of the Senate. - 19 June 2013.