Reformed The Prisons Act

Original Language Title: Refórmase la LEY PENITENCIARIA

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE N ° 380

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Art. 27 of the Constitution of the Republic establishes that the State will organize the Penitentiary Centers in order to correct the criminals, educate them and train them, seeking their rehabilitation and prevention of crimes.

II.-That by Legislative Decree No. 1027, dated 24 April 1997, published in Official Journal No 85, Volume N ° 335, of May 13 of the same year, the Penitentiary Law was issued, which seeks to regulate the execution of the penalties and the security measures provided for in the Penal Code and the penalties In addition, the classification and type of regime for each Prison Center.

III.-That as a consequence of the evolution of the prison conditions and the current regulations, in relation to the reality that our prisons live, specifically regarding the treatment of the private population of It is necessary to carry out a review of the regulations governing this phenomenon.

IV.-That for the reasons expressed, it is necessary to introduce reforms to the Law Penitentiary, to the end to ensure the constitutional mandate of the reintegration into the execution of the penalty and the proper functioning of the prison system, for the benefit of the private persons of liberty.

FOR TANTO,

in use of its constitutional powers and on the initiative of the President of the Republic, through the Minister of Justice and Security Public.

DECRETA the following:

REFORMS TO PRISON LAW

Art. 1.-Reform in Art. 28, the first paragraph, as follows:

Composition of the National Criminal Council

Art. 28.-The National Criminal Council shall be composed, at least, by a lawyer, a sociologist, an internist physician, a psychiatrist, a psychologist, a graduate in social work, and a graduate in education sciences and shall be chaired by a Director appointed by the Minister of Justice and Public Security. The Board will be administratively dependent on the General Directorate of Criminal Centers

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and will be absolutely independent in its technical-scientific tasks. "

Art. 2.-Replace Art. 74, by the following:

" Full Compliance Centers

Art. 74.-The Penas Compliance Centers will be intended for inmates who are in the penalty execution period.

Adults up to twenty-one years of age will be housed in Centers other than those intended for adults. older than that age 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 met this age, have not reached twenty-five years.

At the Poñas Compliance Centers, in Consideration of hazard criteria, for the purposes of application of the respective co-living standards and the corresponding safety and control regulations, will work the following classification of freedom of freedom:

a) Level one or high hazard;

b) Level two or medium hazard; and,

c) Level three or minimum hazard. "

Art. 3.-Replace Art. 78, by the following:

Minor Detention Centers

Art. 78.-The Minor Detention Centers shall be intended for the fulfillment of the penalties for inmates classified at level three of the ordinary phase.

These Centers may function within the current prison infrastructure or in a place

Those deprived of liberty who are located in this type of Center, on the proposal of the Criminal Technical Team and after ratification of the competent Regional Criminal Council, will be able to carry out activities (i) work, as well as community support activities and will benefit from the benefit provided for in the Article 105-A of this Law, regarding the redemption of the sentence.

The private persons who are located in this type of centers, may enjoy special permits to leave the Center on the weekends, authorised by the competent Regional Criminal Council, after obtaining the favourable opinion of the Centre's Criminal Technical Team and using electronic means of surveillance. "

Art. 4.-Intercalse between Arts 90 and 91, Arts 90-A and 90-B, as follows:

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Freedom Private Classification

Art. 90-A.-Private persons must be classified at levels one, two and three, for the purposes set out in the third indent of Art. 74 of this Law.

The parameters to be assessed for the classification referred to in the prior to, be those established in the provisions of this Law and its Regulations, as well as their development in the protocols, instructions or manuals issued by the National Criminal Council.

Case Technician

Art. 90-B.-The Case Technician shall be responsible for the opening of the single file of the private of freedom, the classification and initial location, proposal of the care program and the activities to be carried out, as well as the updating and monitoring the single file.

The Case Technician will be administratively dependent on the Technical Sub-Director of the Prison Center. "

Art. 5.-Addition to Art. 92, number 5) and reform the final paragraph, as follows:

" 5) To achieve the approach and strengthening of the family bond, in accordance with the provisions of the final paragraph of Art. 78 of the present Law. "

" The leave of departure may be granted by the Judge of Penitentiary Surveillance and Enforcement of the Penalty or the Director of the Center in the case of the convicted, by the Judge of the case in the case of the provisional detainees and by the Council Regional criminological competent in the case of numeral 5) of this Article. "

Art. 6.-Reform Art. 105-A, as follows:

Penalty Redemption

Art. 105-A.-Within the treatment-oriented treatment activity, the convicted inmate may redeem his or her penalty by working or supporting the community, at the rate of two days of penalty for an effective day of work. This activity will be carried out under the direction, control and supervision of the competent Regional Criminal Council and the prison administration, which will issue the guidelines, within their respective competencies.

to participate in the process of being processed voluntarily to submit to this work activity and who will enjoy the previous benefit, if convicted according to the final sentence executed.

In due course, the Regional Criminal Council will transmit constancy of the work carried out by the internal to the Court of Surveillance Penitentiary and Enforcement of the Competent Penalty, for the purpose of rectification of the practiced computation, as established in Art. 44, final paragraph of this Law.

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This benefit will not apply to inmates under special internment arrangements; as well as to the deprived of liberty convicted of crimes of aggravated murder, kidnapping, aggravated individual freedom attacks, simple or aggravated extortion, aggravated robbery, rape, rape, rape or incapacity, sexual assault, sexual assault in minor or unable, rape and aggravated sexual assault, poisoning, pollution or adulteration of water and food substances, illicit groupings, offences regulated in Chapter II of Title XVI of the Second Book of the Criminal Code, offences relating to public finances, offences regulated in the Chapter IV of the Regulatory Law on Drug-related Activities, the offenses regulated in the Special Act Against Acts of Terrorism and those included in the Law Against Organized Crime and Crimes of Complex Realization. The inmates of the prison system who are located in the Centers of Detention Minor, the phases of trust and semi-freedom of the progressive regime established by this Law are excepted. "

Art. 7.-This Decree shall enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the nineteenth day of May of two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, at thirty-one day of the month of May of the year two thousand sixteen.

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PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Mauricio Ernesto Ramirez Landaverde, Minister of Justice and Public Security.

D. O. N ° 100 Took N ° 411 Date: May 31, 2016

GM/adar 24-06-2016

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