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2 MARCH 2010. - 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 rooms have adopted and we sanction the following:
CHAPTER I^er - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II - Provisions Amending the Law of Principles of 12 January 2005 concerning the Prison Administration and the Legal Status of Prisoners
Art. 2. Article 55, § 1^er, paragraph 3, of the Law of Principles of 12 January 2005 on Prison Administration and the Legal Status of Prisoners, replaced by the Act of 20 July 2006, the following amendments are made:
1° the words "that an audit" are replaced by the words "that this";
2° the sentence "This reading may, if applicable, be in the absence of the inmate. is replaced by the phrase "The reading of the letter may, if any, occur in the absence of the inmate."
Art. 3. Article 56, § 1^erof the same Act, as amended by the Act of 20 July 2006, the following amendments are made:
1° in paragraph 1^er, the words "or the staff member designated by him" are inserted between the words "of the director" and the words ", unless there is";
2° Paragraph 2 is replaced by the following: "For the purpose of control and, if necessary, for the purpose of reading, the letter may, if any, be opened in the absence of the inmate. »
Art. 4. In section 59 of the Act, the following amendments are made:
(a) Paragraph 1^er is supplemented by paragraph 3, which reads as follows:
"Without prejudice to the previous paragraph, the Director may prohibit the visit to privacy on an interim basis:
1° where the visitor or the detainee has previously breached the visiting regulations and there are reasons to assume that this violation of the visiting regulations is likely to occur;
2° where the inmate or visitor has introduced unauthorized objects into the prison;
3° when the personality of the inmate constitutes a counter-indication to the granting of the visit to privacy. »
(b) Operative paragraph 2 is supplemented by paragraph 3, which reads as follows:
"Without prejudice to the previous paragraph, the Director may prohibit the visit to privacy on an interim basis:
1° where the visitor or the detainee has previously breached the visiting regulations and there are reasons to assume that this violation of the visiting regulations is likely to occur;
2° where the inmate or visitor has introduced unauthorized objects into the prison;
3° when the personality of the inmate constitutes a counter-indication to the granting of the visit to privacy. »
Art. 5. In section 76 of the Act, subsection 3 is repealed.
Art. 6. In section 80 of the Act, the words "Out of working hours, the detainee may" are replaced by the words "The detainee may".
Art. 7. In section 118 of the Act, subsection 9 is replaced by the following:
§ 9. As soon as an accused person or accused person has been placed under an individual security regime, the Director shall assess the need for the maintenance or adaptation of the individual security placement and render an opinion on this matter to the Director General. On the basis of this, the Director General may terminate the placement or soften the investment measures.
Art. 8. Section 131 of the Act is replaced by the following:
"Art. 131. Attempting a disciplinary offence under sections 129 and 130 and participation in such an offence shall be punished by the same penalties as the offence itself. »
Art. 9. In section 133 of the Act, the following amendments are made:
(a) the provision taken under 6° shall be replaced by the following:
"6° the prohibition of participation in joint work; »
(b) the item is completed as follows:
"7° the ban on participating in common training activities. »
Art. 10. In Article 140, § 2, of the Act, the following amendments are made:
(a) in paragraph 1^er, the words "with the exception of those that come out of the right to freedom of worship and philosophy of the inmate, as well as open-air collective stay" are repealed;
(b) paragraph 1^er is completed by the following words:
"and activities that relate to his worship or philosophy. »;
(c) between subparagraphs 1^er and 2, the following paragraph is inserted:
"The director ensures that the inmate:
1° enjoys the possibility to stay at least one hour per day in the open air;
2° may live and practise his religion or philosophy individually and may, for this purpose, receive daily the visit of the representative of his or her religion or philosophy attached to the prison or allowed to enter it. »
Art. 11. Section 143, paragraph 2, of the Act is replaced by the following:
“§2. In the event of a disciplinary offence, the various offences are punishable as a single disciplinary offence in the same category as the most serious of the offences involved. »
Art. 12. In section 144 of the Act, the following amendments are made:
1° in paragraph 4, paragraph 1^erthe words "or a trusted person" are repealed;
2° in paragraph 4, paragraph 2 is repealed;
3° in paragraph 5, paragraph 1^er is replaced by the following:
"The director shall hear the detainee in his defence within seven days of notification of the form referred to in § 3. »;
4° in paragraph 5, paragraph 2, the words "24 hours" are replaced by the words "seventy-two hours";
5° in paragraph 6, paragraph 1^er, the words "48h hours" are replaced by the words "24 hours";
6° in paragraph 7, paragraph 1^er, the words ", are immediately communicated verbally to the inmate in a language that he can understand and are communicated in writing within twenty-four hours" are replaced by the words "are communicated to the inmate within twenty-four hours, verbally, in a language that he can understand, and in writing".
Art. 13. In section 145 of the Act, the following amendments are made:
1° in paragraph 1^eras amended by the Act of 23 December 2005, the following amendments are made:
(a) the words "in Article 112" are replaced by the words "in Article 112, § 1^er4° and 5°";
(b) Paragraph 1^er is supplemented by a second paragraph, as follows:
"In the event of a danger to order or security, the Director may, pending disciplinary proceedings, take interim measures and impose on that effect the special security measures referred to in Article 112, § 1^er 1°, 2° and 3°, until the disciplinary decision is communicated to the detainee.
2° Paragraph 3 is replaced by the following:
“§3. Where the particular security measure taken pending disciplinary proceedings is transformed into a comparable penalty, the duration of the interim measure is deducted from that disciplinary penalty. »
Promulgate the present law, order that it be put on the seal of the State and published by the Belgian Monitor.
Gives Brussels on 2 March 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) See:
Documents of the House of Representatives:
52-2122 - 2008/2009:
Number 1: Bill.
No. 2. - Amemdement.
52-2122 - 2009/2010:
N^bones 3 and 4: Amendments.
No. 5: Addendum.
No. 6. Report.
No. 7: Text adopted by the commission.
No. 8: Amendments.
No. 9: Text adopted in plenary and transmitted to the Senate.
Full report: 28 January 2010.
Documents of the Senate:
4-1618 - 2009/2010:
No. 1: Project not referred to by the Senate.