LAW 65 OF 1993
Official Gazette No. 40,999, of 20 August 1993.
By which is issued the Penitentiary Code. Summary
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I
CONTENT AND GUIDING PRINCIPLES ARTICLE 1o. CONTENTS OF THE CODE. This Code regulates compliance with security measures, enforcement of deprivation of personal liberty and safety measures.
. LEGALITY. Everyone is free. No one can be subjected to prison or arrested or detained except by written order of a competent judicial authority, with legal formalities and for reasons previously defined by law.
No one shall be subjected to punishment, security measure or an enforcement regime that is not covered by the law.
The preventive detention of persons being investigated or prosecuted is exceptional. Effective Notes
ARTICLE 3. EQUALITY. all forms of discrimination are prohibited for reasons of sex, race, national or family origin, language, religion, political or philosophical opinion.
This does not preclude reasonable distinctions can be established for security reasons, resocialization and for the enforcement of the sentence and the prison and prison policy. Effective Jurisprudence
ARTICLE 3A. Focus. The principle of differential approach recognizes that there are populations with particular characteristics because of their age, gender, religion, gender identity, sexual orientation, race, ethnicity, disability status and any other. For this reason, prison measures contained in this law, will have such an approach.
The National Government will establish special conditions of detention for accused and convicted who have been nominated for this to be beneficiaries of the alternative penalty established by Law 975 of 2005 or who have demobilized as a result of a peace process with the National government. Effective Notes
ARTICLE 4. PENALTIES AND SECURITY MEASURES. They are deprivation of personal liberty those provided for in the law attributable, as the prison and arrest.
The prison is the deprivation of liberty imposed by sentence as punishment for the commission of an offense and is fulfilled in a prison or place of residence or abode of condemned or place the judge determines .
The arrest is the deprivation of liberty imposed as a substitute for a fine, as fine unit, and met in facilities specially designed for this purpose or place the judge to determine.
Imprisonment may be intramural or home. The house arrest is replacement of the intramural prison.
Security measures are applicable to inimputables under the Criminal Code. PARAGRAPH 1.
. In any case the effective enjoyment of the right to freedom, to the application of substitute mechanisms of deprivation of liberty or any other judicial or administrative benefit may be conditional on payment of the fine. PARAGRAPH 2.
. In a final judgment, the same to be sent coercive jurisdiction for the collection of the fine as ancillary to the imprisonment penalty is executed. PARAGRAPH 3.
. In the events in which the convicted person lacks the means to pay the fine, the judge will have to provide unpaid service for the benefit of the community. The local authorities inform the sentence enforcement judges on the work available to persons who lack the means to pay the fine. Effective Notes
The 5th ITEM. RESPECT FOR HUMAN DIGNITY. In the prisons prevail respect for human dignity, constitutional guarantees and universally recognized human rights. all forms of psychological, physical or moral violence is prohibited.
The restrictions imposed on persons deprived of liberty they shall be limited to a strict test of necessity and should be proportionate to the legitimate objectives for which have been imposed.
The lack of resources can not justify prison conditions violate the fundamental rights of persons deprived of liberty. Effective Notes
ARTICLE 6o. OUTLAW PENALTIES. BANS. There will be no death penalty. the pains of exile, life imprisonment and confiscation are prohibited. No one shall be subjected to enforced disappearance, torture or cruel, inhuman or degrading punishment.
ARTICLE 7. STATEMENT OF THE deprivation of liberty. Deprivation of liberty due to completion of sentence, preventive detention or legal catch.
7A. SPECIAL OBLIGATIONS OF JUDGES OF PENALTIES AND SECURITY MEASURES. Judges Penalties and Security Measures have a duty to monitor the conditions of sentence enforcement and security measures imposed on conviction.
Judges Execution of Sentences and Security Measures, on its own initiative or at the request of the person deprived of liberty or his attorney for the public defender or the Attorney General's Office must also recognize alternative or substitute mechanisms penalty resulting from prison when verifying compliance with the respective requirements. Effective Jurisprudence
Breaches of the duties contained in this article shall be considered as very serious offense, subject to criminal actions that may arise.
The Superior Council of the Judiciary ensure the permanent presence of at least one judge of Execution of Sentences and Security Measures in establishments that require it according to request made by the Director General of the National Penitentiary and Prison Institute (INPEC ). In other institutions will ensure permanent visits. Effective Notes
Article 8. LEGALIZATION arrest and detention. No one can remain deprived of liberty in a place of imprisonment provided by law without his capture or detention legalized in the terms set out in the Code of Criminal Procedure.
Regarding the arrested person, the Director of the prison establishment, verify the existence of a written order of the judicial authority to order keep it private freedom with legal formalities, the indication of the reasons for the arrest and the date that this is any occurred. He also proceed to order their registration under the terms stated in the General Regulations. Effective Notes
Article 9. FUNCTIONS AND PURPOSE OF THE SENTENCE AND SAFETY. The penalty has protective and preventive function, but its primary purpose is resocialization. Security measures pursue healing purposes, protection and rehabilitation.
ARTICLE 10. PURPOSE OF PRISON TREATMENT. The prison treatment aims to achieve the resocialization of the offender of criminal law, by examining his personality and through discipline, work, study, spiritual formation, culture, sport and recreation, under a human spirit and solidarity.
ARTICLE 10A. MINIMUM INTERVENTION. The penitentiary system shall ensure compliance of the rights and guarantees of the inmates; which they may only be limited in accordance with the Constitution, international treaties, laws and regulations of internal regime Penitentiary and Prison. Effective Notes
ARTICLE 11. PURPOSE OF PREVENTIVE DETENTION. Preventive detention is to ensure the attendance of the accused in criminal proceedings, the preservation of evidence and protection of the community, especially the victims, and the effectiveness of the penalty imposed. Effective Notes
ARTICLE 12. PROGRESSIVE SYSTEM. The enforcement of the sentence shall be governed by the principles of progressive system.
ARTICLE 13. INTERPRETATION AND APPLICATION OF THE CODE. The principles enshrined in this title are the hermeneutical framework for the interpretation and application of the Code.
TITLE II NATIONAL PRISON SYSTEM AND PRISON PRISONS AND MUNICIPAL
ARTICLE 14. CONTENT OF THE TASKS OF THE NATIONAL INSTITUTE AND PRISON PRISON. Responsibility of the National Government through the National Penitentiary and Prison Institute, the execution of the deprivation of liberty imposed by a criminal conviction, the control of security measures, the mechanism of electronic security and work performance unpaid social. Effective Notes
ARTICLE 15. NATIONAL PRISON SYSTEM. The National Penitentiary and Prison System is composed of the Ministry of Justice and Law; the National Penitentiary and Prison Institute (INPEC) and the Unit of Correctional Services and Prison (USPEC) and, under the Ministry of Justice and Law with legal, administrative autonomy and independent assets; all detention centers operating in the country; by the National Penitentiary School; by the Ministry of Health and Social Protection; by the Colombian Family Welfare Institute (ICBF) and other public entities exercising functions related to the system.
The system is governed by the provisions of this Code and other rules that adicionen and complement. Effective Notes
ARTICLE 16. NATIONAL ESTABLISHMENTS IMPRISONMENT. The prisons of the national order will be created, merged, abolished, directed and supervised by INPEC.
The Inpec, in coordination with the USPEC determine the places where work such establishments.
When required to transfer of sentenced Inpec Director is authorized to do so by giving notice to the competent authorities.
The Ministry of Finance and Public Credit is authorized to allocate sufficient resources to USPEC for creating, organizing and maintaining the prisons. PARAGRAPH 1.
. All new prisons will have a perimeter isolation of at least 200 meters away from any urban development. PARAGRAPH 2.
. All the prisons should have environmental conditions, health and infrastructure suitable for decent prison treatment. Effective Notes
ARTICLE 16A. TELECOMMUNICATIONS TECHNICAL CONSIDERATIONS IN DETENTION CENTERS. The National Penitentiary and Prison Institute (INPEC) shall perform all actions necessary to limit the use of communications terminal equipment and control and / or prevent unauthorized inside prisons and / or communications prisons in the country.
To fulfill this purpose, the Administrative Unit and Prison Correctional Services shall include in the design and construction of prisons and / or prison the technical requirements necessary to prevent, by the internal use of communications devices unauthorized.
Similarly, the National Penitentiary and Prison Institute (INPEC) shall perform all actions necessary to prevent unauthorized within establishments, such as block and / or inhibit those communications supported in mobile communications are established, satellite, or other wireless communication systems and radio in general, prior authorization from the Ministry of Information Technology and communications, using technological or constructive measures to prevent unauthorized communications. In any case, the Inpec shall take all technical measures to avoid the involvement of service in any area outside the penitentiary or prison facility.
In addition, when the Inpec detect unauthorized communications inside prisons and / or prison, request Providers of Telecommunications Networks and Services blocking mobile terminals involved in such communications.
Network providers and telecommunications services, in coordination with the National Spectrum Agency and Inpec will attenuate signals covering prisons and / or prison.
To this end, network providers and telecommunications services and Inpec shall exchange all pertinent and relevant information. PARAGRAPH 1.
. The Inpec may contract directly with providers of networks and services assignees telecommunications radio spectrum in IMT bands defined by ITU-R, design, implementation, management, operation, operation, maintenance and / or continuous optimization of technological solutions that are necessary for blocking or inhibiting unauthorized communications inside prisons and / or prisons in the country.
. The Ministry of Information Technologies and Communications shall include within the conditions for the renewal of spectrum use of existing operators Cellular Mobile Telephony operating in the 850MHz band, obligations designed to use technological means to avoid communications unauthorized in prisons and detention facilities. PARAGRAPH 3.
. The wireless terminal outside the approved cases will be considered as very serious offense for officials who were to allow or facilitate, and for the person deprived of liberty shall be sanctioned as serious misconduct under Article 123 of this Code. Effective Notes
departmental and municipal jails. It corresponds to departments, municipalities, metropolitan areas and the Capital District of Bogota, creation, merger or removal, management, organization, administration, maintenance and monitoring of prisons for pre-trial detainees and convicted of offenses involving deprivation of freedom, in order of policing authority.
While the law gives to the judicial authorities knowledge of punishable offenses currently punishable by arrest by the police authorities, they continue to hear the same is issued. Punished for violations they will be housed in special units.
The National Penitentiary and Prison Institute shall perform the inspection and supervision of prisons of local authorities.
In the municipal and departmental budgets, items needed for the expenses of their prisons, as payments of employees, rations prisoners, monitoring them, referrals and per diem expenses, materials and supplies, equipment purchase will be included and other services.
The governors and mayors respectively, shall not approve or sanction as appropriate, departmental and municipal budgets that do not meet the requirements outlined in this article.
The Nation and territorial entities may enter into agreements integration services for infrastructure improvement and maintenance of detention centers prison system. Effective Jurisprudence
ARTICLE 18. TERRITORIAL INTEGRATION. Municipalities may agree the creation, organization, administration and support all the prison establishments.
ARTICLE 19. RECEIPT
departmental or municipal PRISONERS. Departments or municipalities that lack their respective prisons may contract with the National Penitentiary and Prison Institute, the receipt of their prisoners by the agreement that enshrine in contractual terms, agreeing recognition that departments or municipalities make payment of the following services and remuneration:
a) setting bonuses to employees of the respective establishment of detention;
B) Provision of the elements and resources needed for internal incorporated into national prisons;
C) Provision of power in no small amount of specified by the National Penitentiary and Prison Institute for internal;
D) Repair, adaptation and maintenance of buildings and their services, if they are owned by the departments or municipalities.
PARÁGRAFO. Municipal jails national prisoners may receive in the same conditions as national detention centers receive municipal prisoners. Editor's Notes
ARTICLE 19A. FINANCING OBLIGATIONS. Effective Notes
ARTICLE 20. CLASSIFICATION. The prisons can be:
1. Remand prisons.
3. Houses for detention and enforcement of punishment for culpable criminal conduct committed in accident or exercise of any profession or trade.
4. Transitional centers roots.
5. Inimputables prison establishments for permanent or temporary mental disorder with pathological basis and people with supervening mental disorder. These establishments will be under the direction and coordination of the Ministry of Health and Social Protection, in which will be held people with permanent or temporary mental disorder with pathological basis.
6. Jails and penitentiaries high security.
7. Jails and penitentiaries for women.
8. Jails and prisons for members of the security forces.
10. Other detention centers to be created in the prison system.
PARÁGRAFO. Servers and former public servants will have special wards within the national level establishments that require it, according to the regulations for such purpose by the National Penitentiary and Prison Institute (INPEC). Effective Notes
ARTICLE 21. PRISONS AND PREVENTIVE DETENTION HALLS. Prisons and detention halls are establishments with a system of closed detention. These establishments are directed exclusively to the care of persons in custody under the terms of Article 17 of Law 65 of 1993, which are in charge of local authorities.
There may be pavilions for detention in a penitentiary for convicted when so warrant safety reasons, provided they are properly separated from other sections of the complex and convicted persons.
The local authorities, the Attorney General's Office and the Superior Judicial Council will take the necessary steps to build citadels judicial board with a remand center annexes to its facilities, as well as articulate the need for the construction and maintenance of these judicial complex. Effective Notes
penitentiaries. Prisons are places for the detention of convicted and in which the prison sentence is executed, through a system for the treatment of inmates, under the terms stated in Article 144 of this Code.
These prisons are high or maximum, medium and minimum security. Construction specifications and internal rules establish the difference of these categories.
The competent judicial authorities may request the Director of the National Penitentiary and Prison Institute (INPEC) that those arrested or convicted are interned or transferred to a particular detention center in attention to their safety. Effective Notes
JAIL FOR DETENTION AND ENFORCEMENT OF PENALTIES FOR CONDUCT PUNITIVE culpable COMMITTED IN TRAFFIC ACCIDENT OR EXERCISE any profession or trade. They are the places intended for the fulfillment of preventive detention and deprivation of liberty for culpable criminal conduct committed in accident or exercise of any profession or trade. Upon approval
Inpec, private entities may create, organize and manage such establishments.
The Inpec issue the regulations applicable to these centers, which shall provide for the organization and operation requirements. These establishments depend on the respective place of imprisonment of the national order of their jurisdiction. Effective Notes
ARTICLE 23A. TRANSITION CENTERS ARRAIGO. In order to ensure the appearance of the process, the centers of temporary roots, which is given attention of people which have been made against them preventive detention and that do not have a defined or with family roots domicile or created Social.
The purpose of the center is to achieve transitional roots reemployment of the person deprived of freedom and recovery of social and family roots, if it is the case, and contribute to that when uttered the sentence can be issued surrogates mechanism prison.
People preventively detained to be sent to transitional centers roots must remain there until their freedom is ordered by court decision or conviction utters.
Once uttered the sentence the person will be transferred to the appropriate correctional facility or enter to enjoy the substitute measure of prison, if they have been given the trial judge.
Roots transitional centers must provide persons holding psychosocial care and work or vocational guidance during the length of their stay in these centers.
PARÁGRAFO. The Nation and territorial entities may make arrangements that may be required for the creation, merger, deletion, management, organization, administration, maintenance and monitoring centers transitional roots in the same terms of Article 17 of Law 65 of 1993 . in any case, the creation of these centers will be gradual and will depend on the number of inmates who meet the criteria to enter such establishments. The National Government will regulate the matter. Effective Notes
ARTICLE 24. IMPRISONMENT FOR ESTABLISHMENTS FOR MENTAL DISORDER unimputable permanent or temporary BASED PATHOLOGY AND PEOPLE WITH MENTAL DISORDER SUPERVENING. These establishments are designed to accommodate and rehabilitate criminally responsible due to mental disorder, according to judge's decision foreknowledge expert opinion of the National Institute of Legal Medicine and Forensic Sciences and those who are replacing the deprivation of freedom for placement in this such establishments as a result of a supervening mental disorder. In any case this type of establishment may be located within prisons or penitentiaries.
These establishments have welfare nature, they should specialize in psychiatric treatment, mental rehabilitation with a view to family, social and labor inclusion.
Custody and external surveillance of these establishments will be in charge of the National Penitentiary and Prison Institute (INPEC), and the construction of the same will be in charge of the Unit of Penitentiary and Prison Services. In any case, they will have specialized mental health in compliance with Article 105 of this Code and in strict compliance with quality standards for that purpose by the Ministry of Health and Social Protection regulations issued by staff for such effect within the year following the issuance of this law.
PARÁGRAFO. In cases where the mental disorder is supervening and not compatible with the deprivation of liberty in a penitentiary and prison center, Judge Execution of Sentences and Security Measures, or the investigating judge if it is a person processed, after consulting the Institute of Legal Medicine and Forensic Sciences, granted probation or hospital detention to undergo psychiatric treatment in a facility designed for inimputables and safety conditions of such establishments, under the special rules applicable for the health system of prisons and prisons.
Once it is verified by opinion of the Institute of Forensic Medicine has ceased disorder, the person will return to the establishment of origin.
PARÁGRAFO TRANSIENT. Annexes or existing psychiatric wards will be replaced gradually by establishments referred to in this article, once they are built and operated. Effective Notes
ARTICLE 25. DETENTION FACILITY HIGH SECURITY. The prisons are high-security establishments for compliance with preventive detention or punishment of persons deprived of liberty, which offer special security risks opinion of the Director of INPEC.
PARÁGRAFO TRANSIENT. The National Government will regulate the regime applicable to these establishments within a period not exceeding six (6) months. Effective Notes
ARTICLE 26. WOMEN'S PRISON ESTABLISHMENTS. Women's prisons are establishments intended for the preventive detention of women processed.
Its construction will be made as provided in Article 17 of Law 65 of 1993.
women's penitentiaries are intended for establishments serving the sentence imposed on convicted women.
These establishments must have an infrastructure that guarantees to pregnant women, unionized or convicted proper development of pregnancy women.
They must also have an enabling environment for nursing mothers, which will lead to the proper psychosocial development of children under three (3) years living with their mothers.
The Colombian Institute of Family Welfare (ICBF) in coordination with the Unit Correctional Services and Prison (USPEC) establish the conditions to be met by women's prison establishments in order to protect the rights of children who live with their mothers.
The ICBF visit at least once a month these establishments in order to verify compliance with the conditions of care for children living with their mothers in accordance with the guidelines established for this purpose and carry out the recommendations that may apply. Effective Notes
ARTICLE 27. DETENTION FACILITIES FOR MEMBERS OF THE PUBLIC FORCE. Members of the security forces comply preventive detention in detention centers established for them in the absence of these in the premises of the unit to which they belong, observing in any event the rules applicable to processed that meet the measure of preventive detention ordinary prisons.
The sentence served in prisons established for members of the security forces.
With regard to the prison system and with these specialized centers, the Ministry of National Defense shall have the following functions:
1. Set authorized as detention centers for members of the security forces places.
2. Build or adapt detention centers for members of the security forces, prior concept of the National Penitentiary and Prison Institute (INPEC).
3. Ensure that staff in charge of the custody and surveillance and re-socialization processes meets the requirements of independence, training and expertise to ensure the work entrusted.
PARÁGRAFO. The deprivation of liberty shall be governed by the same rules governing the deprivation of liberty in the centers managed by the INPEC, as regulations for the purpose by the Government. Effective Notes
agricultural colonies. They are establishments to purge it, preferentially for convicted peasant extraction or to promote agricultural education.
When the extent of land permit may be created in these agricultural constellations, formed by several units or camps, with special organization.
PARÁGRAFO. The production of these colonies will be the source of supply. In cases where there is excess production, these may be marketed. The foregoing notwithstanding compliance with the obligations that correspond to the National Penitentiary and Prison Institute (INPEC) and the Administrative Unit Penitentiary and Prison Services. Effective Notes
ARTICLE 28A. DETENTION UNIT IMMEDIATE REACTION OR SIMILAR. Detention Immediate Reaction Unit (URI) or similar unit may not exceed thirty-six (36) hours, having the following minimum conditions ensured: separation between men and women, ventilation and sunlight sufficient separation of minors and access to bathroom.
PARÁGRAFO. Within the effective date of this law two years Territorial Entities cells conform to the conditions referred to in this article. Effective Notes
ARTICLE 29. DETENTION IN SPECIAL CASES. When the offense was committed by personnel of the National Penitentiary and Prison Institute, officers and employees of Criminal Justice, Judicial Police and prosecutors, public servants elected by officials who enjoy legal jurisdiction or constitutional elderly or indigenous, preventive detention will be held in special establishments or facilities provided by the state. This situation extends to the respective former public servants.
The competent judicial authority or the Director General of the National Penitentiary and Prison Institute, as appropriate, may order the detention in special places, both for preventive detention to conviction, in view of the seriousness of the complaint, conditions security, individual personality, background and behavior.
It shall also confinement in an institution or special ward when ordered the arrest of the weekend, the continued arrest, compliance failure protection involving deprivation of more than ten freedom (10) days and deprivation of liberty It referred to in the fourth paragraph of Article 28 of the Constitution. Effective Notes
PARÁGRAFO. Interested public or private entities may contribute to the construction of special centers. In sustaining such centers may participate public and private non-profit entities. Effective Jurisprudence
ARTICLE 29A. IMPLEMENTING house arrest. Eg ecutoriada the sentence imposed imprisonment and ready replaced by house arrest by the judge, this will send a copy of it to the Director of the National Penitentiary and Prison Institute, who point out, within its jurisdiction, the establishment of imprisonment He will be responsible for monitoring the prisoner and adopt inter alia the following measures:
1. random control visits to the residence of the prisoner.
2. Using media as phone calls.
3. Testimony of neighbors and relatives.
4. Intelligence work.
During execution of the sentence the offender may advance the work aimed at social integration to coordinate with the establishment of detention are in charge and have the right to sentence remissions under the terms established by this law .
If leaving the residence or dwelling, without a warrant, development of crime or breach of the obligations inherent in this punishment, the National Penitentiary and Prison Institute, INPEC shall immediately notify the judge of Execution of Sentences and Security measures, for purposes of revocation. Effective Notes
ARTICLE 29B. ELECTRONIC SECURITY AS REPLACEMENT OF PRISON PENA. In crimes whose sentence not exceeding four years in prison, for which no appropriate home detention; the sentence enforcement judge may replace the prison sentence for surveillance through electronic security mechanisms, upon request of the convicted person, if the following requirements are met additionally:
1. The convicted person has no other criminal history except that it is intentional crimes or non-custodial sentence freedom.
2. The convicted sign a letter of commitment, paying a bond to ensure compliance with restrictions on freedom of movement involving the measure.
3. The convicted repair the damage caused to the victim of the criminal offense, when they have been taxed in the respective conviction, sentence unless that material is demonstrated inability to do so.
4. Failure to comply with the obligations imposed in the act of commitment will lead to the repeal of the measure by the Judge of Execution of Sentences and Security Measures. PARAGRAPH 1.
. In the case of punishable conduct that supports the termination of criminal action for full compensation, settlement or withdrawal and fully repair the damage after the conviction, not carry out the electronic security mechanism but the immediate freedom. PARAGRAPH 2.
. The duration of the measure may not exceed the term of deprivation of liberty imposed in the judgment, or missing for compliance.
When the offender can not afford the cost of electronic security mechanism that will replace the deprivation of freedom the state within its budgetary limits will.
Electronic security mechanism will be applied gradually in the judicial districts in accordance with Article 530 of the Code of Criminal Procedure within the limits of the respective budgetary appropriations. PARAGRAPH 3.
. The electronic security mechanism provided for in this Article shall not apply in respect of criminal conduct that violate freedom, integrity and sexual, effective and straight administration of justice and individual freedom training. Effective Notes
ARTICLE 29C. ARREST. The weekend arrest is alternative sanction of the fine when sentenced promissory note or amortizare not voluntarily or when the system fails to meet deadlines granted. Shall be equivalent to thirty-six (36) continuous hours and its implementation will take place during Fridays, Saturdays or Sundays, between the hours indicated by the judicial officer who made the substitution.
The unjustified breach of the obligations will be informed by the director of the establishment of detention the judge that monitors compliance with it, who will decide the uninterrupted execution of the arrest.
Both the arrest of the weekend as the uninterrupted run in special units of the prisons of the arrested address. Effective Notes
ARTICLE 29F. REVOCATION OF DETENTION house arrest. Failure to comply with the obligations will result in the revocation by reasoned decision of the competent judge.
The official National Penitentiary and Prison Institute (INPEC) responsible for monitoring the measure or officer of the National Police in the exercise of their supervisory functions, stop immediately the person who is violating its obligations and will the term thirty-six hours (36) before the judge who issued the respective measure to take the appropriate decision. Effective Jurisprudence
The revocation of the measure will be available regardless of an investigation for the crime of escape of prisoners, if it were appropriate.
PARÁGRAFO. The Inpec may conclude agreements with the National Police to monitor compliance of home detention when the guard is not sufficient to ensure the development of it. The participation of the National Police depend on the operational capacity and logistics units providing support to Inpec. Effective Notes
ARTICLE 30. PROHIBITION OF MINORS IN PRISONS seclude. Under eighteen years shall not stop or deduct penalties dependent detention facilities of the Institute. When special circumstances stated in the law, the location of under eighteen years in closed institution, in accordance with the provisions of the Juvenile Code required and it is not any, the minor offender may be placed in Annex or special pavilion organized this effect, in a place of imprisonment.
These annexes or pavilions have a special regime, adjusted to international standards for minors, article 44 of our Constitution and the Juvenile Code.
The Colombian Institute of Family Welfare is obliged to comply with the laws on the subject. Similarly, departments and municipalities should create and maintain social correction centers for minors and search and increasing a larger number of institutions.
PARÁGRAFO. Exceptionally, in the case of crimes under the jurisdiction of the Regional Judges committed by minors, they may be held in a special pavilion prison security institute, in the opinion of the competent judicial authority. Editor's Notes
ARTICLE 30A. VIRTUAL HEARINGS. Correctional Services Unit and Prison (USPEC) ensure all prisons in the country locations and technological elements necessary for conducting virtual audiences.
When the detention center in which the person deprived of liberty has found room for virtual audiences, diligence in this way will be made, without prejudice to the relevant judicial authority decides perform diligence in prison, for which it will move to it.
The Superior Council of the Judiciary ensure that in all judicial districts there are rooms for all judges to attend hearings virtual regulated in this standard. For this, the Superior Council of the Judiciary created the Office of Management of Virtual Hearings, which is responsible for creating, managing, and ensure the operability of these rooms, and the conduct of hearings for judges of enforcement of sentences and measures security. Preferably
judges conduct virtual audiences.
Requests concerning the implementation of the intervening directly or indirectly penalty by private convicted of liberty shall be resolved in open court. To this end, the Superior Council of the Judiciary take the steps that are relevant to the Judges of Execution of Sentences and Security Measures have the technology to comply with what is stated in this article.
PARÁGRAFO TRANSIENT. In the term of one (1) year from the publication of this law, the Superior Council of the Judiciary and the Unit of Correctional Services and Prison (USPEC), will carry out the steps necessary to implement the system virtual audiences in areas of high risk, request the director General of INPEC. Effective Notes
ARTICLE 30B. SHIPMENTS OF PERSONS DEPRIVED OF LIBERTY. Except as set forth in the preceding article, the person deprived of freedom within a procedural act is cited by the competent authority, or that their health should be taken to a hospital or clinic, will be forwarded by the staff body custody and supervision of the National Penitentiary and Prison Institute (INPEC), guaranteeing their rights to life and personal integrity and human dignity upon request by the competent authority.
Request of the penitentiary and prison authorities, the National Police will provide the necessary support to carry out these transfers in exceptional cases and where security conditions along the route or the danger of the transferred so warrant evaluation carried out by the National Police. Effective Notes
ARTICLE 31. INTERNAL AND EXTERNAL MONITORING. The internal monitoring of detention centers will be in charge of the Body of Custody and National Penitentiary Surveillance. External surveillance will be in charge of the security forces. When there is no security forces for this purpose, external monitoring will assume the Body of Custody and National Penitentiary Surveillance. PARAGRAPH 1.
. The Public Force, prior request or authorization of the Minister of Justice and Law or the Director General of the National Penitentiary and Prison Institute (INPEC) or, in urgent cases, the director of the establishment where the events occur, may enter the premises and outbuildings to prevent or avert serious disturbances of order.
The Director of a detention center may also request the assistance of the security forces to be responsible for the monitoring of the center on the occasions where the body of national prison custody and surveillance celebrate his classic day or when in exceptional circumstances order or internal security should be reinforced surveillance detention center. The assistance of the security forces will be temporary. PARAGRAPH 2.
. The Inpec, after approval of the Board of the Bank, shall, within the year following the publication of this law year, the respective studies to determine the technical and financial feasibility of the change for strengthening Plant Personal. PARAGRAPH 3.
. INPEC, in order to ensure the provision of security and surveillance inside the establishments may link from those who had defined his military status as auxiliaries Inpec, after conducting courses complementation, unless they had been reprimanded in its exercise. Effective Notes
DRIVING OPERATIONS ARTICLE 32. To conduct operations required to participate in the Body of Custody and National Penitentiary Surveillance, law enforcement and other state security agencies are subject to the following criteria, in accordance with Article 44 of Decree 2162 of 1992:
to ) Coordination made through information on the implementation of operations between the Commanders of Military Unit, Police and Heads of National Security Organizations, in their respective jurisdictions.
B) Military assistance, when required by the Governor, Mayors, Police Commander, prison authorities, state or heads of security agencies to the nearest military authority, when the National Police is not alone able to contain serious disorders or face catastrophe or public calamity.
C) Operational control in accordance with the powers defined by the Minister of National Defence, in each case that certain commands are given the Armed Forces to conduct operations which involved the National Police and other national security agencies placed under their control.
ARTICLE 33 Expropriation. Consider public utility and social interest the acquisition of real estate properties for construction of prisons and prisons and those adjacent to the prisons needed to ensure the safety of the establishment, of prisoners and the neighboring population.
In these cases, the national government through the Administrative Unit of Correctional Services and Prison (USPEC) may make expropriation by administrative authority, prior compensation.
To forbid the operation of public outlets or activities against security and coexistence within a reasonable range of the prisons, which will be agreed between the Directorate of the National Penitentiary and Prison Institute (INPEC) and respective mayors, in accordance with applicable laws.
No planning permission for development, parceling, construction or subdivision in any of its forms for the construction or expansion of prison adequacy and prison infrastructure is required. Effective Notes
MEDIA ARTICLE 34. MINIMUM MATERIALS. Each prison establishment must operate in a physical plant suitable for their purposes, the population of internal and managerial, administrative and supervisory staff housing and have the minimum material means for the effective performance of its functions and objectives.
The USPEC prior Inpec concept, prepare a manual construction specifications due, according to their legal classification and levels of safety, effectiveness and dignity of their duties, detention, social rehabilitation or rehabilitation; the climate and terrain of its location, capacity, accommodation spaces, work, education, recreation, and as indicated materials required for economic control and structural and functional success of these buildings.
In the construction of prisons adequate provision of public drinking water, basic sanitation, energy, and telephone for the population of inmates and staff shall be guaranteed.
Front to drinking water to the population permanent internal to use the toilet and bath daily supply must be ensured.
PARÁGRAFO. All detention facilities and prisons will have adequate infrastructure conditions for the detention of people in conditions of disability, taking into account the 5th item numbers 2, 8, 10, Article 14 of Law 1618 of 2013.
AND PRISON PRISON AUTHORITIES
ARTICLE 35. EXECUTION OF DETENTION AND PENALTIES. They are competent officials to enforce the judicial decisions on deprivation of liberty in detention centers, the Director General of the National Penitentiary and Prison Institute, Regional Directors and managers of establishments set out in Title II.
ARTICLE 36. GOVERNMENT HEADS AND PRISON PRISON. The principal of each detention center is the head of internal governance. He will report to the Director of the National Penitentiary and Prison Institute of the operation and control of the establishment in charge.
Employees, detainees and convicts must respect and obedience to the principal, and shall be subject to the rules of this Code and the regulations to be issued. Effective Jurisprudence
external collaborators. Have access to detention centers to advance work of education, labor and religious training, legal advice or scientific research related to prisons, people attesting to its Director their qualities and activities that will meet . The rules of procedure shall establish timetables and constraints within which their work will be done. Effective Jurisprudence
TITLE IV ADMINISTRATION OF PRISON STAFF AND PRISON
ARTICLE 38. INCOME AND TRAINING. To exercise functions of custody and prisons and jails surveillance is necessary to have passed training courses and training for this purpose will dictate the National Penitentiary School.
The Directors of Prisons and Prison will be appointed and removed. For the post of Director of jail or prison will require a university degree in areas including criminological knowledge in materials, criminal, prison, security, administrative and human rights. In addition, you must take and pass the course organized by the National Penitentiary School to occupy the position. Effective Notes
ARTICLE 39 OF OFFICERS. The staff of the Body of Custody and National Penitentiary Surveillance may be called upon to perform management positions in the offices of the National Penitentiary and Prison Institute (INPEC) or in detention centers if you qualify for it, without losing the rights of career and being able to return to the monitoring service once cease exercising office in the Directorate, in accordance with Article 26 of Law 909 of 2004 Notes Effective
ARTICLE 40. CAREER PRISON. The prison service shall be governed by the principles enshrined in the statute and the regulations in force and those which add to it, complement or modify.
The Director of the National Penitentiary and Prison Institute (INPEC) shall be appointed and removed by the President of the Republic. It must be a lawyer, sociologist, psychologist, police administrator or companies accredited with duly recognized title, have a professional experience of eight (8) years at least and, in each case, majoring in criminal or penal sciences; Human rights; criminology; citizen security; and / or security and defense. Likewise
it may be appointed to this position who has served as a judge in criminal matters or has exercised the legal profession in this area for a period of eight (8) years or has served as a university professor in criminal or criminological area for a period of not less than eight (8) years.
The Director of the National Penitentiary and Prison Institute (INPEC) should report annually accountability to the Minister of Justice and Law, in order to ensure efficient management performance. Effective Notes
judicial police. The General, Regional and prison establishments of the National Penitentiary and Prison Institute, Directors will have judicial police to investigate crimes committed inside the prisons, under the terms of the Code of Criminal Procedure until the Prosecution General's Office assumes knowledge. Effective Notes