Modernizes Gendarmeria De Chile Increasing Your Staff And Grow His Career Officer Standards

Original Language Title: MODERNIZA GENDARMERIA DE CHILE INCREMENTANDO SU PERSONAL Y READECUANDO LAS NORMAS DE SU CARRERA FUNCIONARIA

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"(Artículo 1°.-Introdúcense las siguientes modificaciones en el decreto ley N° 2.859, de 1979, que fija la Ley Orgánica de Gendarmería de Chile: 1) replaced in article 1 the term" rehabilitate to "by the phrase" contribute to the reinsertion of "."

(2) in article 2 °: 1-removed the "uniformed" expression.

2 Agreganse the following subparagraphs second, third, fourth and fifth: "(El personal de Gendarmería de Chile estará constituido por: a) the personnel of correctional officers and noncommissioned officers and Gendarmes plants."

(b) the staff belonging to the plant's managers.

(c) staff of the plants from professional servants governed by law N ° 15.076, of professional, technical, administrative and auxiliary, and the freelance staff assimilated to them.
The personnel designated in the literal to) of the previous paragraph will be affection to the status of special character referred to in letter d) of article 162 of the decree with force of law N ° 29, 2005 of the Ministry of finance, which sets the text revised, coordinated and systematized law No. 18.834, on administrative status.
En_tanto personnel designated in the literal b) and (c)) of the second paragraph will be fond of the provisions of the decree with force of law No. 1 of 2001, the Ministry of health, which set the text revised, coordinated and systematized law N ° 15.076 or decree with force of law N ° 29, 2005 of the Ministry of finance which sets the text revised, coordinated and systematized law No. 18.834, administrative status, as appropriate.
As the ranks of official administrative prison, is effective by virtue of the provisions of article 38 of law No. 19.269, shall constitute a ladder special belonging to plant non-commissioned officers and Gendarmes endangered. "."

((3) amended article 3 in the following sense: 1.-replacements in the letter c) the expressions "detainees" and "procedure" for the following "charged" and "Litigation", respectively.

(2 replaced the letter f) with the following: "f) contribute to the social reintegration of the persons deprived of freedom, through the implementation of actions aimed at eliminating dangerous and achieve their reintegration into the social group;".

3 replacements in the subsection second words "rehabilitation" and "processed" by the following "reintegration" and "accused", respectively.

(4) replace article 4 ° by the following: "article 4.-Chile Gendarmerie will be organized in a National Directorate and regional directorates.

The national direction will organize its work through the Subdirectorate of administration and finance, the Technical Sub-Directorate, the operational branch and school of Gendarmerie of Chile of the General Manuel Bulnes Prieto, onwards the Gendarmerie School.

In each region of the country, there will be a Regional Directorate, headed by a Regional Director will be the exclusive confidence of the National Director. Regional directorates will organize its work through the headquarters indicated the organic regulation which will be contained in a Supreme Decree issued through the Ministry of Justice, which must also be signed by the Minister of finance.

National Director, subject to the plant and provided maximum personnel that is set to the Gendarmeria de Chile, will establish the remaining internal organization of the same and will assign the tasks specific to that they correspond to each unit, pursuant to articles 31 and 32 of the decree with force of law N ° 1/19.653, 2000 of the Ministry General Secretariat of the Presidency, that fixed the revised text, coordinated and systematized law N ° 18.575. "."

((5) amended article 5 in the following sense: to) be inserted in your paragraph first, between the word "technique" and the conjunction "and", the word "operational", preceded by a comma (,).

(b) replacements in your third paragraph expressions "by the Deputy Director concerned the succession of command", by the following: ", firstly, by the Deputy Director of operations, and in case of absence, subrogation will operate according to what point the organic regulation".

(6) amended article 6 in the following sense: 1.-replace your number 2 with the following: "2. plan, coordinate and control the functioning of the institution in accordance with the policies set by the Government and generate a plan of institutional action.".

2 Intercalanse the following numbers 5, 6 and 7, becoming the current 8, 9 and 10: "5.-generate a coherent and strategic communications plan for the service."

6. exercise control over the overall management of the institution, providing audits that apply.

7 have the necessary studies for the development and execution of penitentiary policies. "."

3 in the current number 5.-, which happens to be number 8-, replaced the phrase "the status of the service staff" by the following "the rules of the personnel of the respective Statute".

4. in the current number 8-: becomes number 24; the final dot (.) be replaced by a comma (,) and join then the phrase "especially by the observance of the principle of official probity." within the institution.

5. the current number 9-happens to be number 11.-, without modifications.

6. in the current number 10.-, which becomes number 12-, replacements expressions "topped inmates" and "sentences" for "condemned" and "penalties", respectively.

7. in the current number 11.-, which becomes number 13.-, reemplazanse the terms 'and defendants' by the following "and charged".

8. the current numbers 12, 13, 14, 15, 16 and 17 become numbers 14, 15, 16, 17, 18 and 19, respectively, without modifications.

9 Agreganse the following numbers 20, 21, 22, 23 and 25: those referred to in articles 15 to "(20.-Deducir querella de conformidad ael artículo 111 deel Código Procesal Penal, cuando se refiera a hechos que revistan caracteres de delito, tales como: a), 15 B, 15 C and 15 D of this Decree-Law;"

(b) those that are severely affect property of the institution, particularly of the crimes of damage and fire;

((c) crimes committed by officials of the institution in the exercise of their positions in accordance with the provisions of title V, book II of the criminal code, or d) those which seriously affect the continuity of service, putting at risk the integrity of officials or of the population served.

21 annually inform the Ministry of Justice, the draft budget of Gendarmeria de Chile.

22 to approve training courses of the correctional officers and non-commissioned officers and Gendarmes, who will give the Gendarmerie School in Chile.

23.. Establish programmes of training and further training, to ensure compliance with the requirements for promotion which establish the respective statutes of staff. For the purposes of development of these programs, National Director held, upon tender, agreements with universities and professional institutes recognised by the State or other public or private entities with recognized experience in matters for compliance with the functions and institutional needs.

25 exercise the other powers that this or other laws confer him. "."

(7) replace article 7 ° by the following: ' article 7.-the Subdirectorate of administration and Finance shall be responsible for ensuring the effective, efficient and timely management of human, financial and material resources of Chile Gendarmerie to ensure a proper functioning of the institution. "

This branch will have the following functions: to) manage and deal with the human resource development of the institution.

(b) manage and administer the goods and services required by the institution.

(c) advise and study matters related to legislation and institutional regulations.

(d) study, develop and execute projects of architecture, structures and specialties of the prison infrastructure in direct and concession management.

(e) manage and develop networks, computer and computer systems that support the management of the service.

(f) oversee financial and accounting services in concession settlements and social reintegration projects.

(g) direct, control and manage the information system financial accounting of the institution.

(h) to process the system of remuneration of the service personnel.

The head of this branch will be assumed by the Deputy Director of administration and finance who shall be appointed by the National Director, in accordance with the provisions of title VI of the law N ° 19.882. "."

(8) replace article 8 ° by the following: ' article 8.-the Technical Department will be responsible for developing programs and institutional projects aimed at the social reintegration of persons served in the different systems, ensuring the permanent improvement of the penitentiary system. "

This branch will have the following functions: to) develop and manage the activities of education, work, sports, recreation, social, psychological, health, religious attendance and others leading to the reintegration of the people assisted in the closed system of penal settlements with direct administration.

(b) technically supervise the services provided in concession facilities.
(c) to exercise control and managing programmes of care and assistance of convicted persons who benefit from alternative measures to imprisonment.

(d) manage the plans and programmes of assistance from people who, having completed their sentences, require support for their social reintegration.

(e) design, monitor and control technical programmes and projects which are awarded for the support of social reintegration in the different systems.

(f) build and maintain a statistical database of the population deprived of liberty and subject to one of the measures established by the law N ° 18.216, concerning their socio-economic characteristics, the breakdown of the penalty, relapse after the fulfillment of the sentence, and all those who established other laws and regulations.

The head of this branch will be assumed by the Deputy Technical Director who shall be appointed by the National Director, in accordance with the provisions of title VI of the law N ° 19.882. "."

(9) add the following article 8 ° A: "article 8°-the operational branch will be responsible for implementing institutional policies aimed at strengthening the security of the prisons in the country.

This branch will have the following functions: to) advise, monitor and coordinate actions relating to prison security and goods and resources that Chile Gendarmerie assigned to the various prisons in the country.

(b) to ensure the proper design, implementation, development and control of projects of electronic security in the prisons.
The head of this branch will be assumed by the Deputy Director operation, which will be an exclusive confidence of the Director National Officer and shall be appointed from among the titular prison officers of the rank of Colonel who are among the first five antiques of this degree.
If as a result of the appointment of the Deputy Director, the order of precedence of the colonels who are eligible to be appointed to this role is alterare, should be called to retreat to those colonels which precede those appointed in the position of Deputy Chief operating. "."

(10) amended article 9 in the following sense: 1.-replaced in the number 1-, the expression "departments" by "units".

2 replaced at number 4.-, the expression "guidelines" by "guidelines".

3 replaced in number 5.-, the expression "policies" by "guidelines".

4. replace is at number 6.-, the expression "departments" by "units".

5. delete the second paragraph.

(11) amend article 10 in the following sense: 1.-replacements in the first paragraph the expression "Plant officials and guards prison" by "Plants of official prison and of non-commissioned officers and Gendarmes".

2. replace the second paragraph by the following: "also, the Gendarmerie School will deal with develop programs of training, improvement and necessary enabling examinations for promotion established in the decree with force of law N ° 1791, in 1980, the Ministry of Justice. For this purpose, may conclude, upon tender, agreements with universities and professional institutes recognised by the State or other public or private entities with recognized experience in matters inherent to fulfill institutional needs and functions. "."

3. Add the following final paragraph: "the hours of classes that are given directly in the Gendarmerie School in accordance with the provisions of the preceding paragraphs, shall be paid on the basis of fees. Their values will be determined by a resolution of the National Director, which must be endorsed by the Directorate of budgets. "."

(12) repealed article 11.

(13) replace article 12 by the following: ' article 12.-the regional bureaux will be responsible for the administrative, technical and operational driving Gendarmeria de Chile in the region. "

Colonels belonging to the official prison plant may be earmarked by national Gendarmeria de Chile Director regional directorates to carry out functions of Regional Director. In case that meant staff can not exercise, for whatever reason, those functions, these will be performed by the officer to succeed them in ancient times in the region.

The term of destination referred to in the preceding paragraph, shall not alter the appointment, in quality of holder of the officers who were subjected to it.

The regional directors will have, among others, the following functions: to) to supervise and control the administrative and financial operation of the Regional Directorate and the penitentiaries and specials that depend on;

b) ensuring the effective performance of the staff and the proper administration of the budget;

((c) communicate to the National Director budgetary needs the Regional Directorate and the penitentiaries and specials that depend on,) and (d) monitor and control programs and of social rehabilitation in prisons in direct management, concession projects and those of the free medium. "."

(14) Insert the following article 12 A: "article 12 a. in Chile Gendarmerie command is by nature prison officer and by exception to other plant personnel."

Control means emanated authority of the hierarchy, which shall be exercised by the correctional officers and other staff of Gendarmeria de Chile plant on their subordinates and subordinates under the hierarchical degree, seniority he or cargo which plays.

The order of precedence is understood by succession of command to assume the functions, responsibilities and duties inherent in the position. "."

(15) Replace subparagraph first of article 13 with the following: "article 13.-the personnel of correctional officers and Gendarmes plants will use weapons for the proper performance of their duties, in accordance with the legal and regulatory provisions.".

(16) replaced article 14 with the following: ' article 14.-Chile Gendarmerie personnel will be applicable law No. 19.296, laying down rules on associations of officials of the administration of the State. ".

(17) in article 15 replacements expressions "deprived of freedom" by the terms "under their care".

(18) Reemplazanse in article 17 the terms "the rules of the Statute of the staff of the gendarmerie of Chile", by the following: "the rules of the staff statutes applicable to each of the various categories of Chile Gendarmerie officials".

(19) Replace subparagraph first of article 18 with the following: "The Dirección Nacional de Gendarmeria de Chile may acquire movable property necessary for the running of the institution, in accordance with the law N ° 19.886, on administrative contracts for supply and delivery of services.".

(20) Reemplazanse in the first paragraph of article 20 the terms "D.L. 2.763" by the following: "Chapter II of book I of the decree with force of law N ° 1, 2005 of the Ministry of health, Secretariat for public health".

(21) added in article 21 the following second paragraph: "Chile Gendarmerie officials who met day not less than 44 hours a week of work, shall be entitled to supply tax charge in accordance with the provisions of the regulation.".

(22) Agreganse the following items: "article 23.-the welfare service of the staff of the institution shall have the objectives, organization, resources and performance to be determined in the respective regulations which will be contained in a Supreme Decree issued through the Ministry of labour and Social Welfare, Undersecretary of Social Welfare."

Tax contributions and the contributions of the staff will be administered in the form determined by the regulation.

Article 24.-Shall be entitled to the assignment of superior responsibility established in article 6 of the Decree Law No. 1770, 1977 and its amendments, those who play in grade posts 4 ° or higher, the plants of prison officers and directors.

Article 25.-The National Directorate of Gendarmerie of Chile will facilitate and stimulate training, upgrading and specialization, professional and cultural staff of the institution through all means to achieve those objectives, such as scholarships and study tours, exchanges of officials with similar or related institutions whether national or foreign, concurrency Institutes specialized in criminological and penitentiary matters and assistance and participation in congresses seminars or symposia affable.

Staff members who attend training and specialization, arranged by the National Directorate and aspiring officers and Gendarmes pupils who need to move to these effects outside their place of residence and could not receive accommodation and food of fiscal charge, will be eligible for the allowance referred to in e) article 98 of the decree with force of law N ° 29 , 2005, the Ministry of finance.

Article 26.-Resolutions and general instructions related to the administration of the institution, shall be published in the official bulletin of the gendarmerie of Chile. "."