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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 74
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That Article 27 of the Constitution of the Republic establishes that the State will organize Penitentiary Centers in order to correct the criminals,
educate them and train them habits, trying to Its rehabilitation and prevention of crimes.
II.-That by Legislative Decree N ° 1027, dated April 24, 1997, published in Official Journal No. 85, Volume No. 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 Criminal code and the penalties provided for in the other special laws, as well as the application of provisional detention.
III.-That the current conditions of the prison system present legal loopholes that are exploited by groups Criminals and individuals to act in the penal centers and to attack various criminal forms against citizenship
honored.
IV.-As a consequence of the evolution of prison conditions, the
current regulations are inadequate to ensure compliance with the purposes of the penalty; the proper disciplinary compliance of the functions of the penitentiary servers; as well as the purpose of the right to visits
family, intimate and minor.
V.-That for the reasons expressed, it is necessary to introduce reforms to the Law
Penitentiary, at last to ensure the full validity of the purpose, the constitution of the sentence and the proper functioning of the penitentiary system, for the benefit of the inmates, their families and the citizenry.
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.-Substitute in TITLE I, Chapter III-BIS, called PRISON VISITS REGIME, as follows:
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" Regulation of Family or General Visits
Art. 14-A.-Only family or general visits may be carried out by persons who maintain a link of the second degree of consanguinity and comprobable affinity and have been previously registered for that purpose by the internal, completing the appropriate form for this effect to be taken by the
administration.
Checked the links referred to in the previous paragraph and the stable partner relationship
verifiable or with a child in common, the internal may register up to a number of five visitors and will not be able to replace those records in a
The period provided for in the preceding paragraph may be modified for justified cause, fortuitous case or force majeure.
In cases where there are indications that a visitor may cause or cooperate to they produce acts of destabilization in the Prison Center, or belong to a proscribed organization by the Law, which takes part in activities linked to criminal acts, inside or outside
of the Prison Center, or which constitutes a risk to the life or physical integrity of the inmates, prison staff or third parties, the Director of the Penitentiary Center will suspend the visits to the prison, and must give notice to the Office of the Prosecutor General of the Republic and to the Directorate General of Criminal Centers.
The prison administration may limit the attendance of the prison. number of visitors per internal, at the same time, or to establish segmented schedules of visits, When the circumstances of your
execution so require, the criterion of giving equal opportunity to visit all inmates is established.
Penitentiary Centers will enable an exclusive space suitable for the visit of children, girls
and adolescents, who meet security, protection and care conditions that are necessary for their well-being.
Regulation of the Intima Visit
Art. 14-B.-The internal may receive intimate visits, in a special sector destined for this, which must meet the minimum conditions of hygiene, comfort and intimacy for the couple, according to the availability of infrastructure, that allows comply with the strict security measures, both
for internal and for the visit.
The exercise of the right to the intimate visit will be made at the choice of the internal one; provided that the visit is
older and will be checked a legal or factual link to determine a family relationship, which is likely to be internal. The internal will not be able to make a change of record of the visitor, but until one year after the last visit of the previous one.
It will be performed in the time between eight in the morning and five in the afternoon and its duration will be set in the Center's Rules of Procedure, but may not exceed two hours.
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In the case of the intimate visit, the provisions of the fourth paragraph of the article shall apply. 14-A of this Law.
Requirements for Income
Art. 14-C.-They are requirements to be able to enter as a visit of the inmates to the Penitentiary Centers, the following:
a) To have been registered by the inmate in the Register of Visits;
b) To have registered in the Register of Visits and attached the copy of the DUI; as well as the respective Criminal and Criminal Background Solvency;
c) Not to be suspended the visitor's entry to the Penitentiary Centers by administrative or judicial order;
d) Not to have visited another Prison Center within the last thirty days, except in both centers A relationship of kinship with the visited inmates; and,
e) Porting the visitor's meat extended by the Directorate General of the Criminal Centers,
complying with the requirements laid down in the Regulation of this Law.
Visitor Obligations
Art. 14-D.-They are the obligations of visitors:
a) Meet the schedule of visits established for each Prison Center;
b) Respect the Prison Authorities;
c) Meet the Rules of Procedure of each Center Penitentiary; and,
d) Other that establishes this Law and its Regulations.
Visitor Bans
Art. 14-E.-Visitors are prohibited:
a) Entering telecommunication, electronic, electrical, or battery devices such as
cell phones, televisions, computers, radio receivers, kitchens, fans, or others. Also, the entry of objects or components or accessories for communication, such as chips, telephone cards or similar for the same use, is prohibited. It also prohibits the entry of cerillos, lighters or any means that it facilitates
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produce fire or that in the judgment of the prison authorities they attack security of the Prison Center. Except for the entry of devices or objects intended for
education, work or dissemination of the religious freedom of the inmates, prior to the authorization of the Management of the Center;
b) Presenter under the effects of alcoholic beverages, drugs or drugs;
c) Entering or consuming alcoholic beverages, drugs or narcotic drugs;
d) Entering or consuming drugs prohibited by the medical staff of the Penitentiary Center;
e) Entering or carrying any type of weapons or objects that may be used as such;
f) Irrespect in fact or word to public officials, public employees, public authorities, agents of authority or prison staff;
g) Causing, promoting, inciting, leading, supporting or participating in disorders in the prison facility or failing to comply with them. Established visit schedules;
h) They will not be able to enter as internal visits to the Penitentiary Centers, which
possess Criminal Background; e,
i) Other prohibitions stipulated in the Internal Regulations of the Penitentiary Centers.
In any case, visitors will be able to enter the areas specifically designated for this purpose; being strictly prohibited, access to prison facilities.
Sanctions
Art. 14-F.-The visitor who contravene any of the prohibitions referred to in the previous article, without prejudice to the criminal liability to which there is a place, shall be suspended from entering any Penitentiary Center, of the following Way:
1) In cases of the prohibitions contained in literals (f), (g) and (h) of the preceding article, the suspension shall be for a period of six months to one year;
2) In the cases of the prohibitions included in the literals (a), (b) and (d) of the preceding article, the suspension shall be for one to three years; and,
3) (c) and (e) of the preceding Article, the suspension shall be for a period of 10 to 15 years.
In the event of repeated or repeated repeated, the suspension of entry may be up to twice the maximum indicated in the any Prison Center.
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Procedure
Art. 14-G.-For the imposition of the suspension penalty, the alleged infringer must be heard within three days, in order for the latter to rule on the charges that are made; subsequently, it will be opened for trial within five days, which the Director of the respective Center
will have 15 days to issue the resolution of suspension of entry to the respective penal center.
The competent official will apply the system of the sound criticism, for the assessment of the tests
respective.
The decision to suspend the entry must be duly notified and motivated.
The resolution referred to in the foregoing paragraph will admit the appeal to the Director General of the Criminal Centers, the which must be filed within five days
following the notification of the suspension decision, to the official who ordered the suspension.
Interposition the appeal, the Director of the respective Criminal Center will admit and forward the original proceedings
to the Director General, who has been requested in the
resolution of the appeal must be pronounced within twenty days after the dateof filing of the same.
This Law for the purposes of the processing of the procedure in case of
to impose the suspension of the income, as well as for the procedure of the appeal of appeal, the Regulation will develop the relevant. "
Art. 2. -Replace Title V, as follows:
" TITLE V PRISON STAFF
CHAPTER L GENERAL PROVISIONS
Rector Principle
Art. 81.-Prison staff will be carefully selected taking into account their
integrity and personal capacity.
Prison staff members are subject to the obligation to follow, prior to their
appointment and during the course of his/her duties, the induction, training and updating courses established by the Penitentiary School, as well as the respective selection examinations.
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Only those who have approved the corresponding assessments will be appointed or promoted Prison School.
Nature of the Function
Art. 82.-The role of penitentiary employees is of an eminently social nature and aims to ensure the readjustment of the internal to society.
General Profile of the Prison Employee
Art. 83.-Every prison employee must have the following general characteristics:
1) Be emotionally stable and make decisions at times of emergency;
2) Have good human relations with officials and other employees, and,
especially in dealing with inmates;
3) Poseer knowledge of prison administration; and,
4) Being of notorious morality and honesty.
The study and evaluation of prison staff for The above effects will be done by the School
Penitentiary.
Categories
Art. 84.-They will exempt three categories of prison staff:
1) Professionals and Specialists;
2) Auxiliary and Administrative Personnel; and,
3) Security Personnel.
The Service Regime of all Centers Penitentiary is eminently civil.
SECURITY STAFF CHAPTER II
Security Personnel Organization
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Art. 85.-The security personnel will be organized hierarchically, in order to maintain between the same categories and the order that the prison discipline requires, according to a regime
special.
First Section
Security Personnel Disciplinary Special Regime
Application Personal Scope
Art. 85-A.-The Special Disciplinary Regime will apply to employees of the General Directorate
of Criminal Centers that perform security functions in Prison Centers, Prison Farms, Intermediate Centers or Centers of Detention, regardless of the form of recruitment or the nature of the employment relationship with the Public Administration. Said regime comprises
the regulation of serious and less serious violations, sanctions and the procedure for their imposition.
Serious Fhighs
Art. 85-B.-Serious misconduct is considered:
a) Consuming alcoholic beverages, drugs or narcotics within the Prison Center, showing up for service or performing under the effects of such substances;
b) Entering, to introduce, traffic, have, safeguard or put into circulation in the interior of Penitentiary Centers, Prison Farms, Intermediate Centers or Centers of Internship, objects prohibited by the Penitentiary Law and the respective Regulations,
as well as allow or tolerate previous conduct; without prejudice to the criminal liability that is applicable;
c) Maintain any type of business relationship with the inmates, their spouses or family members, except those that are carried out by the legally authorized mechanisms, in the framework of rehabilitation or prison work;
d) Request or receive a gift or any other undue advantage or accept the promise of a remuneration of the same nature, by the inmates, their spouses or
relatives, without prejudice to the criminal liability that is applicable;
e) To employ internal services for its service
f) Impose cruel, inhuman or degrading punishment or punishment to the inmates;
g) Incurring negligence in custody and surveillance services;
h) Irrespecting their superiors or disobeying the orders given for these;
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i) Abandonment of your work, understanding for such failure to report to the service or to be absent from
j) Remove equipment, weapons, or ammunition outside the establishment in non-service matters;
k) Enter with equipment weapon into areas where the equipment is located. presence of inmates, in breach of established protocols;
l) Extravian, harm or neglect the equipment and uniforms assigned to service delivery, by negligence;
m) Incur three less serious faults in the one-year period;
n) Maintain loving relationships with inmates, with their spouses or family;
or) Provide confidential or confidential information to people outside the
institution, such as: requisition plans, research processes, among others;
p) Danar the technological means of Security or facilities of the Prison Centre;
q) Altering or falsifying official documents of the institution; and,
r) Disclose false facts for the purpose of misinforming your superiors.
Less Serious Fhighs
Art. 85-C.-Less serious faults are considered:
a) Extraction from the time of your license or absent within the schedule assigned for the performance of your tasks;
b) Shooting by carelessness without consequence;
c) False to the consideration and respect to individuals, coworkers or private persons
of liberty;
d) To personally or in writing to be addressed in matters related to service to a superior,
without having exhausted the instance of the Deputy Director Security of the Prison Center;
e) To indicate or recommend defenders to the internal, their spouses or family members;
f) Use internal objects for their benefit;
g) Renate for the assigned service;
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h) Do not correctly use the uniform when you are on duty;
i) Exit or allow the departure of another employee of the Criminal Center, being of service, without the corresponding permission;
j) To provoke lawsuits or disorders among his or her companions or among the inmates; and,
k) To possess in his place of work objects other than the performance of your tasks or
authorized in the Security Protocols.
Severe High Penalties
Art. 85-D.-Serious misconduct will result in the employee being removed from office, in accordance with the procedure set out in the following Section.
Less Serious Flows Sanctions
Art. 85-E.-The less serious misconduct may result in the following disciplinary penalties:
a) Verbal assembly;
b) Written assembly;
c) Suspension of one to three licenses; and,
d) Suspension of one to five days, without pay.
The committing of a less serious fault for one time shall give rise to the penalties laid down in subparagraphs (a), (b) and (c) of this Article, which shall be imposed in the judgment of the Director of the Centre.
In the case of the commit of two less serious faults in the twelve-month period, it will give rise to the sanction set forth in the literal d) of this article, which will be imposed by the Director General
of the Criminal Centers.
Section Second
Procedure for Imposition of Penalties by High Fhighs
Prison Disciplinary Commission
Art. 85-F.-Create a Prison Disciplinary Commission that will have jurisdiction to deal with the procedure for imposing a penalty for serious misconduct, which will be integrated
by the Head of the Human Resources Unit, the Inspector General, both of the Directorate General of Criminal Centers and a member of the Minister of Justice and Public Security.
Initiation of the Procedure and Precautionary Measure
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Art. 85-G.-In the event of a serious misconduct, the Director of the Penitentiary Center shall appoint an instructor for the investigation, who shall, within five days of the period extendable by an
equal period, give a detailed report that will include a circumstantial relationship of the facts, the laws violated and the means of evidence collected up to that moment.
The report referred to in the previous paragraph will be sent by the Director of the Prison Center, to the Director General of the Criminal Centres, who will resolve in a reasoned manner, within three working days next, if the employee's unpaid temporary suspension proceeds and will refer the case to the
Prison Disciplinary Commission.
The suspension of the foregoing paragraph will proceed:
a) When from the contained in the report rendered by the instructor, it can reasonably be considered that the permanence of the offender in his/her duties involves serious affectation
to the prison administration; or,
b) When the temporary detention or any other precautionary measure in
a criminal prosecution.
The suspension temporary unpaid leave shall be maintained during the processing of the criminal proceedings or the procedure for the imposition of penalties for serious misconduct, as the case may be. In case of
existence of a criminal procedure will be suspended the processing of the procedure for imposition of penalties for serious faults, once handed down definitive sentence, will continue with the procedure.
Procedure and Test Audience
Art. 85-H.-Once the file has been received, the Prison Disciplinary Commission will hold a
hearing within the next fifteen working days, where the alleged offender will be heard, who during that time or in the same time. The hearing may provide the justifications and proof of discharge which it considers appropriate. If the alleged infringer does not attend the hearing without justifying his/her
absence, the Commission shall decide according to the documents in the file.
The hearing or without, the Commission shall issue a recommendation. within the maximum time
of thirty days.
Definitive Resolution and Resource
Art. 85-I.-The recommendation referred to in the preceding article will be referred to the
of Justice
Public Security, who will issue the final resolution of acquittal or dismissal, as the case may be. Such a decision shall be subject to review by the same authority.The appeal shall be filed in writing within three working days from the date of the respective notification, in which the (a) the reasons for challenging such a decision, or a penalty of inadmissibility. The appeal must be resolved without further processing within five working days.
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Third Section
Procedure for Imposition of Sanctions by Fhighs Less Graves
Procedure
Art. 85-J.-Knowing the fact that the alleged infringement is configured, the Director of the Center
Penitentiary will appoint an instructor, who will present him within five working days, a detailed report that will include a circumstantial of the facts, the rules violated and the means of evidence collected up to that moment.
Received the report, the Director will give hearing to the alleged infringer for a period of five working days, at the end of which, with or without your response, will hold hearing and resolve the case;
of all events will be done mention in a report.
Resource
Art. 85-K.-The infringer may resort to review of the resolution before the Directorate General of the Criminal Centers. The appeal must be made in writing within three working days, numbered
from the date of the notification to the Director of the Centre who gave the decision, in which the reasons for which the decision is to be expressed must be expressed. challenge the resolution, which is a penalty for inadmissibility. When the appeal is filed, the Director of the Center will receive without further formalities, sending all the actions to the
Director General of the Criminal Centers, who must resolve without further processing within five working days.
CHAPTER III REGULATION
Special Regulations
Art. 86.-The Rules of Procedure of this Law will have on the Penitentiary Career, following
the principles of selection of personnel, specialization, prison training, stability, humanity and personal integrity, discipline and respect to the rights of the inmates. "
Art. 3.-This Decree will 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 thirteen days of August of the year two thousand fifteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
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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.
CASA PRESIDENTIAL: San Salvador, at the fourteen days of the month of August of the year two thousand fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén,
President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
D. O. N ° 147 TOMO N ° 408
DATE: August 17, 2015
FN/pch 04-09-2015
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