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1 DECREE No. 74
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That Article 27 of the Constitution of the Republic establishes that the State will organize the Centers penitentiaries in order to correct criminals, educate them and train 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 safety measures under the Penal Code and the penalties provided for in other special laws, also the application of provisional detention.
III.- That current conditions in the prison system have loopholes that are exploited by criminal groups and individuals to operate in prisons and attack various forms of crime against citizens
IV as a consequence of the evolution of prison conditions,
current regulations are inadequate to ensure compliance with the purposes of punishment; appropriate disciplinary performance of the functions of prison officials; as well as the purpose of the right to family visits
, intimate and minors.
V.- That for the reasons stated, it is necessary to introduce amendments to the Law
Prison, to ensure full respect of the purpose, constitution of punishment and proper functioning of the prison system, for the benefit of inmates, their families and the public.
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. To substitute in Title I, Chapter III-BIS, called REGIME OF VISITS TO PRISONS, as follows:
"Regulation of family visits or General
Art. 14-A.- can only make family visits or general, people that would maintain a link of the second degree of consanguinity and affinity verifiable and shall have been previously registered for this purpose by the internal, completing the relevant form for this purpose take the
links in the preceding paragraph and verifiable
stable relationship or a child in common, the inmate may register up to a total of five visitors and can not replace such records within couple referring to one year.
The term provided in the preceding paragraph may be modified for cause, act of God or force majeure.
In cases which have indications that a visitor may cause or cooperate in acts of destabilization occurring in the prison, or belongs to an organization proscribed by law, to take part in activities related to criminal acts, inside
or outside the penitentiary, or constitute a risk to life or physical integrity of the inmates, prison staff or third parties, the director of the prison visits to suspend said inner and must give notice to the Attorney General of the Republic and the Directorate General of Prisons.
The prison administration may limit the concurrence of the number of visitors per inmate, simultaneously, or set schedules visits segmented when the circumstances of his execution
require, establishing criteria give equal opportunity to visit all internal.
Penitentiaries will enable a suitable exclusive space for the visit of children and adolescents
that meet safety conditions, protection and care as is necessary for their wellbeing. Regulation
Art conjugal visits. 14-B.- The inmate may receive conjugal visits, in a special area reserved for this purpose, which must meet the minimum conditions of hygiene, comfort and privacy for the couple, according to the availability of infrastructure, enabling meet strict security measures, both for internal and
for the visit.
The exercise of the right to intimate visits will be made at the choice of procedure; provided that the visit is
older and a legal or de facto determined one, verifiable family relationship with the internal link is established. The procedure may not make a change log of the visiting person, until one year after the last visit of the last.
Will be conducted in the hours between eight o'clock and five o'clock in the afternoon and its duration will be established in the Internal Rules of the Centre, but may not exceed two hours.
be In the case of intimate visits apply the provisions of the fourth paragraph of Article 14-A of this Act.
Entry Requirements Art. 14-C.- The requirements for entry and visit inmates to prisons, the following:
a) Have been enrolled by the inmate in the Register of Visitors;
B) have registered in the Register of visits and annexed the copy of DUI; as well as the respective solvency Criminal and Police;
C) Not be suspended income visitor to the prisons by administrative or judicial order;
D) Not having visited another prison within the last thirty days, except that in both centers you a family relationship with any visited inmates; and
e) carrying the visitor card issued by the Directorate General of Prisons,
meeting the requirements of Regulation of this Law.
Visitors Obligations of Art. 14-D.- The obligations of visitors:
a) Comply tour schedules established for each Penitentiary;
B) Respect the prison authorities;
C) Comply with the Internal Regulations of each prison; and
d) Other established by this Act and its Regulations.
Visitor Prohibitions Art. 14-E.- Visitors are prohibited:
a) Enter telecommunications equipment, electronic, electrical or battery as
cell phones, televisions, computers, radios receivers, kitchens, fans or other appliances. Also, the entry of objects or components or accessories for communication, such as chips, phone cards or similar for the same use is prohibited. the entry of matches, lighters or any means is prohibited also provide
produce fire or deemed by the prison authorities violate the security of the penitentiary. the entry of equipment or articles intended for
education, work or dissemination of religious freedom of prisoners, prior authorization of the Centre's management is excepted;
B) Introduce under the influence of alcohol, drugs or narcotics;
C) Login or consume alcohol, drugs or narcotics;
D) Login or consume drugs prohibited by the medical staff of the prison;
E) Login or carry any weapons or objects that could be used as such;
F) Disrespect of fact or word public officials, civil servants, public authority, police authority or prison staff;
G) Causing, promote, encourage, lead, supporting or participating in disorders in the prison or violate established visiting hours;
H) No may enter as inmates to visit the prisons, which hold
criminal record; and,
i) Other prohibitions set forth in the Internal Regulations of the prisons.
In any case, visitors can enter the areas designated specifically for that purpose; It is strictly prohibited access to prisons.
Sanctions Art. 14-F.- The visitor who contravenes any of the prohibitions in the preceding article refers, without prejudice to any criminal liability that might arise, to be suspended entry to any penitentiary, as follows:
1) in the case of the prohibitions included in subparagraphs f), g) and h) of the previous article, the suspension will be for a period of six months to one year;
2) In cases of prohibitions covered in subparagraphs a), b) and d) of the preceding article, the suspension will be for a period of one to three years; and
3) Where the prohibitions included in items c) and e) of the preceding article, the suspension will be for a period of ten to fifteen years.
In case of recidivism or repetition, suspension of income may be up to twice the maximum indicated in any prison.
Art. 14-G.- For the imposition of the sanction of suspension shall hear the alleged offender within three days for it to rule on the allegations that are made; will open later tested within five days, after which the Director of the Centre respective
have 15 days to issue the decision to suspend admission to the respective penal center.
The competent official apply the system of sound judgment, for assessing
The decision to suspend admission shall be duly notified and motivated.
The resolution referred to in the preceding paragraph, admit the appeal for with the Director General of Prisons, which must be filed within five days after notification
the decision suspension to the official who ordered it.
Brought the action, the Director of Criminal respective admit Center and send the original to the Director General
proceedings, who, being requested in the brief filing, proof open for a period of five days.
The decision on the appeal shall be delivered within twenty days after the date
In matters not provided in this Act for purposes of the proceedings if
impose the suspension of income as well as for the processing of an appeal, the Regulation will develop as appropriate. "
Art. 2. - To substitute Title V, as follows:
"PRISON STAFF TITLE V CHAPTER l GENERAL PROVISIONS
Guiding Principle Art. 81. Prison staff will be carefully selected considering their
integrity and personal capacity.
Prison staff members are subject to the obligation to follow before their
appointment and during his tenure, induction courses, training and updating established by the Prison School and undergo respective selection tests.
only be appointed or promoted who has adopted the corresponding evaluations in Prison School.
Function Nature of Art. 82. The role of prison employees is eminently social nature and aims to ensure the re-adaptation to society. Profile
General Penitentiary Employee Art. 83. All prison employee shall have the following general features:
1) Be emotionally stable and able to make decisions in times of emergency;
2) Have good human relations to officials and other employees, and especially
in dealing with inmates;
3) Possess knowledge of prison administration; and
4) Be notorious morality and honesty.
The study and evaluation of prison staff to the above effects, so will the
Art categories. 84. There will be three categories of prison staff:
1) Professionals and Specialists;
2) Personal and Administrative Assistant; and
3) Personal Security.
The system services all prisons is eminently civil. CHAPTER II
PERSONAL SAFETY Personal Security Organization
Art. 85. Security personnel will be organized hierarchically, in order to maintain between the same categories and order that requires discipline penitentiary, according to a special regime
. Section One
Special Regime Security Staff Disciplinary
Scope Art. 85-A.- The Special Regime Disciplinary apply to employees of the Directorate General of Prisons
who perform safety in prisons, Prison Farms, Intermediate centers or detention centers, regardless of the form of contract or the nature of the employment relationship with the Public Administration. This regime includes regulating
serious and less serious infringements, penalties and procedure for its imposition.
Fouls Graves Art. 85-B.- are considered serious offenses:
a) Consume alcohol, drugs or narcotics into the penitentiary, present or perform service on it under the influence of these substances;
B) Enter, enter, traffic, keep, guard or put into circulation within prisons, Prison Farms, Intermediate centers or detention centers, the Prisons Act prohibited objects and the respective regulations, as well
as permitting or tolerating the above behaviors; without prejudice to the criminal liability applicable;
C) maintain any business relationships with the inmates, their spouses or relatives, except those carried out by legally authorized mechanisms as part of rehabilitation programs or prison labor;
D) To request or receive a gift or any other undue advantage or accepting the promise of a payment of the same nature, by inmates, their spouses or relatives
without prejudice to any criminal liability that may be applicable ;
E) Employ internal for your particular service;
F) Impose sanctions or cruel, inhuman or degrading punishments internally;
G) Incur negligence in the supervision and custody services;
H) disrespecting his superiors or disobeying orders given by them;
i) Abandonment of their work, meaning that not attending the service or absent from it, unjustifiably, for a period of twenty-four hours or more;
J) Remove equipment, weapons or ammunition outside the establishment in matters not related to the service;
K) Login with weapon equipment to the areas where the presence of inmates, in breach of established protocols;
L) he loses, damage or neglecting the equipment and uniforms assigned to the service, negligence;
M) Incurring three less serious offenses in the period of one year;
N) To maintain loving relationships with inmates, with their spouses or relatives;
O) Provide or confidential information to persons outside the institution
character, such as requisitioning plans, research processes, among others;
P) Damaging security technological means or facilities of the prison;
Q) Altering or falsifying official documents of the institution; and
r) Disseminating false facts for the purpose of misinforming their superiors. Less Graves
Fouls Art. 85-C.- are considered less serious offenses:
a) overstepping the time of their license or absent within the time allotted for the performance of their duties;
B) Make careless shots inconsequential;
C) Miss consideration and respect for individuals, co-workers or private
D) proceeding in person or in writing on issues related to the service to a higher,
without having exhausted the instance of the Deputy Security Prison;
E) Instruct or recommend defenders inmates, their spouses or relatives;
F) use to their advantage internal objects;
G) Renegar by the assigned service;
h) Do not use properly the uniform when on duty;
I) Exit or allow the exit of another employee of the Criminal Center, while on duty, without permission;
J) Causing lawsuits or disorders among peers or between internal; and
k) Have in place of work objects outside the performance of their duties or authorized
security protocols. Penalties for Fouls Graves
Art. 85-D.- The commission of serious offenses will result in the dismissal of the employee, in accordance with the procedure in the next section. Penalties for Fouls
less Graves Art. 85-E.- The commission of less serious offenses may result in the following disciplinary sanctions:
a) verbal warning;
B) Written warning;
C) Suspension of one to three licenses; and
d) Suspension of one to five days without pay.
The commission of a less serious one-time, will lead to the penalties provided in subparagraphs a), b) and c) of this Article, which will be imposed in the Director of the Centre.
In the case of commission of two less serious offenses in the period of twelve months, will result in the sanction provided in paragraph d) of this Article, which will be imposed by the Director General of Prisons
Second Section Procedure for Imposing Penalties for Fouls Graves
Prison Disciplinary Committee Art. 85-F.- Créase one which will be integrated
by the Head of the Human Resources Unit, the Inspector General, both Prison Disciplinary Commission shall have jurisdiction to handle the procedure of imposition of penalty for the commission of serious offenses, the Directorate General of Prisons and a member of appointment of the Minister of Justice and Public Security.
Procedure and Injunction
Art. 85-G.- Before the commission of a serious offense, the Director of the Prison appoint an instructor for research, who will pay, within five days extendable by a period equal
a detailed report which will include a relationship detailed account of the facts, violated regulations and the evidence collected so far.
The report in the preceding paragraph refers, shall be sent by the Director of the Prison, the Director General of Prisons, which will decide giving reasons, within three working days, if appropriate temporary suspension without pay salary of the employee and refer the case to the Disciplinary Commission
The suspension referred to in the preceding paragraph shall:
a) When from what is contained in the report submitted by the instructor, can reasonably be considered that the permanence of the offender in their functions implies a severe impairment
the prison administration; or
b) When it has decreed the provisional detention or any other preventive measure
The temporary suspension without pay will be maintained during the pendency of criminal proceedings or the procedure for imposing sanctions for serious offenses, as applicable. If
existence of criminal proceedings the proceedings for imposition of sanctions for serious offenses will be suspended once issued final judgment, it will continue with the procedure.
Procedure and Evidentiary Hearing
Art. 85-H.- Upon receipt of the file, the Prison Disciplinary Committee will hold a hearing
within fifteen working days, where he will be sent to hear the alleged offender, who during that period or at the same hearing, may present the evidence and exculpatory evidence it deems appropriate. If the alleged offender does not attend the hearing without justifying his absence
, the Commission resolved according to the documents in the file. Held
hearing or not, this Commission will issue a recommended
within a maximum period of thirty days.
Final Determination and Appeal Art. 85-I.- recommended that the preceding article refers, it shall be forwarded to
Minister of Justice and Public Security, who will issue the final decision of acquittal or dismissal, as appropriate. This resolution allowed appeal before the same authority.
The appeal must be filed in writing within three working days from the date of the respective notification, which shall state the reasons have to challenge such a decision, under penalty of inadmissibility. Brought the action, it must be resolved without further action within five working days.
11 Section Three
Procedure for imposition of sanctions for Less Serious Fouls
Procedure Art. 85-J.- Knowing the fact that configures the alleged infringement, the Director of the Penitentiary Center
appoint an instructor, who will present him within five working days, a detailed report will include a detailed account of the facts, violated rules and means of evidence collected so far.
Received the report, the Director shall be hearing the alleged infringer for a period of five working days, after which, with or without their defense, held hearing and rule on the case;
Of what happened will be mentioned in a report.
Art Resource. 85-K.- The offender may rely on revision of the resolution to the Directorate General of Prisons. The appeal must be filed in writing within three working days, counted
days from the date of the respective notification to the Director of the Centre delivered the resolution, which shall state the reasons have to challenge the decision under penalty of inadmissibility. Brought the action, the Director of the Centre shall without further ado, sending all proceedings to
Director General of Prisons, who must decide without further ado within five working days. CHAPTER III REGULATIONS
Special Regulations Art. 86. Regulation of this Law will have on the Carrera Prison, following the principles
recruitment, specialization, training prison, stability, humanity and personal integrity, discipline and respect for the rights of inmates. "
Art. 3. 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 thirteenth day of August of the year two thousand and fifteen.
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, on the fourteenth day of August of the year two thousand and fifteen.
Salvador Sanchez Ceren,
President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
OJ No. 147 No. 408
VOLUME DATE: August 17, 2015
FN / pch 04/09/2015
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