Reformed The Prisons Act

Original Language Title: Refórmase la LEY PENITENCIARIA

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-penitenciaria-2/archivo_documento_legislativo



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DECREE No. 380 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
.
I. That Article 27 of the Constitution of the Republic establishes that the State shall organize the prisons with the aim of reforming offenders, educating and training them work habits, ensuring their rehabilitation and crime prevention.
II.- by Legislative Decree No. 1027, dated April 24, 1997, published in the Official Gazette No. 85, Volume No. 335, May 13 the same year, the Prisons Act issued, which seeks to regulate the enforcement of sentences and security measures provided for in the Penal Code and the penalties provided for in other special laws; Also, the classification and the type of regime for each prison.
III.- That as a result of the evolution of prison conditions and current regulations, in relation to the reality experienced our prisons, specifically with regard to the treatment of the prison population that is in the period execution of sentence, it is necessary to conduct a review of the rules governing this phenomenon.
IV.- That for the reasons stated, it is necessary to introduce amendments to the Prisons Act, to ensure the constitutional mandate of reintegration in the execution of the sentence and the proper functioning of the prison system, for the benefit of private of freedom.
THEREFORE,
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice and Public Security.
DECREES the following:
PRISON REFORM LAW
Art. 1. reformed in Article 28, first paragraph, as follows:.
"
Composition Art National Criminological Council. 28.- The National Criminological Council shall be composed, at least for a lawyer, a sociologist, an internist, a psychiatrist, a psychologist, a graduate in social work and a science graduate education and will be chaired by a Director appointed by the Minister of Justice and Public Security. The Council shall be provided by the Directorate General of Prisons


2 and will be absolutely independent in its technical and scientific tasks. "
Art. 2. Replace Article 74 by the following:.
"Punishment Enforcement Centers
Art. 74. Centers Serving Punishments will be allocated to inmates who are in the period of execution of the sentence.
Adults up to age twenty will be housed in facilities other than those intended for older adults or, in any case, in special sections. In exceptional cases, the Regional Criminological Council may allocate to the Centers Sections for internal adults who, having fulfilled this age have not reached twenty-five.
In Centers Serving Punishments considering safety criteria, for purposes of the respective rules of coexistence and safety regulations and corresponding control, run the following classification of prisoners:
to ) Level one or highly dangerous;
B) Level two or moderately dangerous; and
c) Level Three or minimal danger. "
Art. 3. Replace Article 78 by the following:.
"Detention Centers
Minor Art. 78. Minor Detention Centers will be allocated to the enforcement of sentences for inmates classified at level three of the regular phase.
These centers will operate within the current prison infrastructure or in a temporary location outside of it.
Those I deprived of liberty that are located in this type of center, on a proposal by the Task Force Criminological and after ratification of the Regional Criminological Council competent, may perform work activities and activities to support the community and enjoy the benefit referred to in the first paragraph of Art. 105-a of this Act, as to the sentence remissions.
The prisoners that are located in such centers may enjoy special permits to leave the center on weekends, authorized by the competent Regional Criminological Council, after a favorable opinion of the Technical Team and Criminological Center the use of electronic surveillance. "
Art. 4. Intercálanse between the Arts. 90 and 91, Arts. 90-A and 90-B, as follows:
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"Deprived of Freedom Classification
Art. 90-A.- The prisoners should be classified in levels one, two and three, for the purposes set out in the third paragraph of Art. 74 of this Law.

The parameters to be assessed for classification in the preceding paragraph refers to, are those laid down in the provisions of this Act and its regulations, as well as its development in protocols, instructions or manuals issued by the National Criminological Council.

Technical Case Art. 90-B.- The Technical Case will be responsible for opening up the single record deprived of liberty, classification and initial location, proposed care assistance program and activities to be carried out, as well as updating and monitoring of the file only.
Technical Case Sub administratively part of the Technical Director of the Prison. "
Art. . 5. hereby added to Article 92, paragraph 5) and reformed the final paragraph, as follows:
"5) for approach and strengthening of family ties, in accordance with the provisions of the final paragraph of Art. 78 of this Law. "
" the exit permit may be granted by Judge prison supervision and execution of the penalty or the director of the Centre in the case of those convicted by the trial judge in the case of pretrial detainees and the Regional Criminological Council competent in the case of paragraph 5) of this Article. "
Art. 6. reformed Article 105-A, as follows:.
"Redemption of Pena
Art. 105-A.- Within activity oriented rehabilitation treatment, the condemned inmate may redeem their sentences through work or activities of community support at the rate of two days of punishment for a day of effective work. This activity will be conducted under the direction, control and supervision of the competent Regional Criminological Council and the prison administration, which issued guidelines within their respective powers. You can also participate
internal processing voluntarily submit to such work activity and who enjoy the previous benefit, if he is convicted by final judgment executory.
Fittingly, the Regional Criminological Council shall forward a record of the work activity performed by the internal to the Court of Prison Supervision and Execution of the competent Pena, for rectification practiced computation is performed, as established in Art. 44, final paragraph of this Law.
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This benefit does not apply to inmates under special detention; as well as prisoners convicted on charges of aggravated murder, kidnapping, attacks on individual liberty aggravated, simple or aggravated extortion, aggravated robbery, rape, rape in minor or incompetent, sexual assault, sexual assault on minor or incompetent, rape and aggravated sexual assault, poisoning, contamination or adulteration of water and food substances, illegal groups, offenses covered in Chapter II of Title XVI of Book II of the Criminal Code, offenses relating to public finances, the offenses covered in Chapter IV of the Law Regulating the Activities on drugs, offenses covered by the Special Law Against Acts of Terrorism and those included in the Law Against Organized crime and crimes of Making Complex. Exceptions to the inmates of the prison system that are located in Detention Centers Minor phases semi confidence and freedom of the progressive regime established by this Act. "
Art. 7. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the nineteenth day of May two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, thirty-one days of May in the year two thousand and sixteen.
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PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and Public Security.
OJ No. 100 Volume No. 411 Date: May 31, 2016
GM / Adar 24/06/2016

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