Reformed Article 91 Of The Prisons Act.

Original Language Title: REFÓRMASE EL ART. 91 DE LA LEY PENITENCIARIA.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 1003

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 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.

II. The European Commission has already made a number of important steps towards the development of the instruments that contribute to the fight against these criminal structures.

III.-That many of the illicit behaviors are directed from the penal establishments of the country, so it becomes necessary to counteract these behaviors

forcefully, disarticulating any structure that intends to continue to generate violence.

IV.-That becomes necessary and because of the situation in which the

Authorities of the Prison Establishments be able to take preventive and expeditious measures with the aim of disarticulating and preventing internal structures continue to be organized for the purpose of committing or

order to commit illicit.

V.-That the Government through the Ministry of Justice and Public Security and its

competent Directorates, conduct the actions necessary to combat in a responsible and timely manner criminality.

BY TANTO,

in use of the Constitutional faculties and at the initiative of Deputies Norma Fidelia Guevara

of Ramírios, Hortensia Margarita López Quintana, Antonio Echeverria Veliz, Misael Mejia Mejia and Carlos Cortez Hernandez.

DECCRETA the following:

PRISON LAW REFORM

Art. 1.-Reform Art. 91 of the Penitentiary Law, as follows:

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Transports

Art. 91. Transfers of any kind must be carried out in such a way as to respect the dignity of the inmates, the human rights of the inmates and the safety of the driving. The shipment will be immediately notified to the family members or to the person who appears on the internal file.

And they may not be nocturnal, unless expressly authorized by the Judge Competent.

When the transfers are requested The inmates will be authorized by the Director

General of the Criminal Centers, after favorable opinion of the Criminal Technical Team.

In those cases that the Director of the Prison Center has indications that some internal can

cause acts of destabilization in the Penitentiary Center, which belongs to any organization proscribed by the Law, taking part in activities linked to criminal acts, inside or outside the Prison Center, or that there is a risk to their life or physical integrity or that of others, will inform that situation

to the Director General of Penales, who will authorize his transfer to another Prison Center.

In both cases, the decision will be communicated to the Judge of Penitentiary and Enforcement Surveillance

of the Penalty, or to the Judge of the Cause, according to the case, and the Regional Criminological Council of the Prison Center where the transfer takes place. "

Art. 2. 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 twenty-eight days of the

month of April of the year two thousand fifteen.

OTHON SIGFRIDO REYES MORALES,

PRESIDENT.

ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE,

FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA,

THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

CARLOS ARMANDO REYES RAMOS,

FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL,

FIRST SECRETARY. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA,

THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.

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FRANCISCO JOSÉ ZABLAH SAFIE, JOSÉ SERAFIN ORANTES RODRÍGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, four days a month in May of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

Benito Antonio Lara Fernández, Minister of Justice and Security Public.

D. O. No. 79 Volume No. 407

Date: May 5, 2015

SV/pch 02-06-2015

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