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Decree No. 2006-441 14 April 2006 Concerning The Particular Status Of The Body Of The Prison Supervisory Staff

Original Language Title: Décret n° 2006-441 du 14 avril 2006 portant statut particulier des corps du personnel de surveillance de l'administration pénitentiaire

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  • Order of 27 September 2007 concerning the organisational arrangements, the programme and the nature of the competitions for the recruitment of prison administration supervisors
  • September 27 Order 2007 on the organisational arrangements, the programme and the nature of the competitions for the recruitment of prison administration
  • Summary

    Partially repealed text: section 17.

    Keywords

    JUSTICE, STATE PUBLIC SERVICE, PENITENTIARY ADMINISTRATION , PRISON, EDUCATION MONITORING, SURVEILLANCE STAFF, DECONCENTRATION SERVICE, PUBLIC SERVANT , SPECIAL STATUS, SUPERVISOR, FIRST SUPERVISOR, OVERSEER, MAJOR PENITENTIARY , RECRUITMENT, COMPETITION, POSITION, DETACHING, RECLASSIFICATION, INTEGRATION , INTERNAL PROMOTION, PROMOTION, JOB ASSIMILATION, INDEX, INDEX RECOVERY , CARRIER IMPROVEMENT



    JORF n ° 90 of 15 April 2006 page 0
    text # 49



    Decree n ° 2006-441 of 14 April 2006 on the special status of the bodies of prison administration surveillance personnel

    NOR: JUSK0640068D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/4/14/JUSK0640068D/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/decret/2006/4/14/2006-441/jo/texte


    Prime Minister,
    On the Seals Report, Minister of Justice, Minister of Economy, Finance and Industry, and the Minister of the Public Service,
    Given the Code of Criminal Procedure ;
    In light of the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Act No. 84-16 of 11 January 1984, as amended, amending the statutory provisions relating to the public service of the State;
    Given the Law No. 87-432 of 22 June 1987 as amended on the Prison Public Service;
    In light of the amended Order No. 58-696 of 6 August 1958 on the special status of the staff of the deconcentrated services of the prison administration, as amended by the Law No. 92-125 of 6 February 1992;
    In light of the amended Decree No. 66-874 of 21 November 1966 on the special status of officials of the deconcentrated services of the prison administration;
    In view of Decree No. 85-986 of 16 September 1985, as amended The special scheme of certain positions of officials of the State and certain arrangements for permanent termination of office;
    Having regard to Decree No. 2002-616 of 26 April 2002 pursuant to Articles L. 335-6 of the Code of Education and L. 900-1 of the code of work relating to the national directory of professional qualifications;
    Having regard to the opinion of the Ministry of Justice's Joint Technical Committee of 12 July 2005;
    The Council of State (Finance Section) Heard,
    Clipping:

    • TITLE I: CORPS OF FRAMEWORK AND APPLICATION OF SUPERVISORY PERSONNEL SUPERVISORY PERSONNEL
      • Chapter I: General Article 1


        A body for the supervision and enforcement of prison administration supervisory personnel is hereby established and governed by the provisions of the Ordinance of 6 August 1958 and the decree of 21 November 1966 referred to above and by the provisions of this Title.

        Article 2


        Body Supervision and application of supervision staff in the prison administration consists of four ranks:
        1 ° A rank of supervisor and principal supervisor with a pupil level, a trainee level, eleven steps and one level Supervisors take the title of Senior Supervisor when they reach the 6th step of their rank.
        2 ° A rank of supervisor with six levels;
        3 ° A rank of first supervisor who Consists of six levels;
        4 ° A rank of major penitentiary with five levels and an exceptional step.

        Article 3


        The members of the prison administration and supervision staff are involved in the enforcement of criminal decisions and sentences and in the maintenance of public
        . Assigned to the decentralised services of the penitentiary administration but may, however, benefit from a central administration assignment in order to be entrusted with functions in particular related to their specialties
        Custody of the seals, Minister of Justice.
        In the institutions and services of the penitentiary administration, supervisors, principal supervisors and brigadiers maintain order and discipline, Custody and supervision of the criminal population, and are associated with the procedures for the execution of the sentence and the actions preparing for the reintegration of persons under the control of the criminal justice
        . Provide guidance to supervisors, principal supervisors and brigadiers.
        Public servants carry out their duties in keeping or in civilian use depending on the nature of the duties performed

      • Chapter II: Recruiting


        Item 4


        Supervisors are recruited by competition open to candidates holding a degree or diploma or registered title and rated at least at level V in the national inventory of expected professional certifications By the aforesaid Decree of 26 April 2002, at least nineteen years of age and forty years at the most from the 1st of January of the year of the competition.
        Candidates who meet the age limit fixed in the preceding paragraph during a year in which No competition is open to the next competition.

        Article 5


        The special conditions of the competition, as well as The physical and psychological fitness, the number, the nature and the conditions of the tests shall be fixed by the custody of the seals, the minister of justice, and the minister responsible for the public
        . Minister of Justice, lays down the organisational arrangements for each competition and sets the composition of the jury

      • Chapter III: Training Article 6


        Officers recruited under Article 4 shall be appointed as Supervisors. They are trained at the National Prison Service School, whose programme and procedures are fixed by the custody of the seals, minister of justice.
        Supervisors undertake to serve the state for a period of time Minimum of three years from the date of tenure. In the event of a breach of their commitment occurring more than three months after the date of their appointment as supervising pupils, unless the breach is not attributable to them, the persons concerned shall reimburse the State, in accordance with the conditions laid down by the Custody of the seals, the Minister of Justice, all or part of the remuneration received during the training period, taking into account the duration of the remaining services.

        Article 7


        Students whose education has been satisfied are appointed Supervisors Trainees and assigned according to their rank in a penitentiary or other service Under the prison administration. They are classified as a supervisor at the level of the supervisor.
        Students whose education has not been satisfied are either allowed to extend their education or are laid off, or if they already have the status of public servants, Reintegrated into their original body or framework of employment after the opinion of the Joint Administrative Committee. Permission to extend education may only be granted once.

        Article 8


        Students and trainees who had Previously the quality of an official or non-incumbent may not be paid less than that which would result from the provisions of Chapter IV of this Title which correspond to their situation.

        Article 9


        The course lasts one year. Trainees whose traineeship has been found to be satisfactory shall be confirmed and classified according to the procedures laid down in Chapter IV of this Title. Those who are not established at the end of the traineeship may be authorised to carry out an additional internship of up to one year.
        Trainees who have not been authorised to carry out an additional traineeship or whose traineeship Has not given satisfaction are either dismissed if they did not have the status of civil servant, or reinstated in their original body or frame of employment

      • Chapter IV: Classification Article 10


        I. -Subject to the provisions of II, III and IV, the substantive supervisors shall be classified at the 1st step of their
        . -Supervisors who previously had the status of civil servant of the State, the territorial authorities or public establishments by reporting shall be classified at a level with equal treatment or, failing that, immediately above that In
        age limit required under Article 11 for promotion to the higher level, they shall retain the seniority acquired in their previous echelon at their previous level. The increase in salary resulting from their appointment is less than what would have been achieved by a step-level advancement in their previous situation.
        In the same limit, the supervisors appointed as they reached the most Of their previous rank retain their seniority when the increase in salary resulting from their appointment is less than that provided to them by their appointment at the level.
        Application of the provisions of the Act The preceding paragraphs may not have the effect of classifying the persons concerned in a more favourable position than would have been the case if, prior to their appointment in the framework and application, they had been promoted to the rank of
        Where the application of the same provisions results in the classification of persons at a level with a lower index than they held in their previous rank, they retain the benefit of their index on a personal basis To the day they benefit in the framework and application of an index at least equal.
        III. -Supervisors who previously had the status of a non-incumbent of the State, the territorial authorities or the public institutions by reporting shall be classified at a specified level taking into account, on the basis of the durations fixed at Section 11 for each step advancement, the services performed in a job at the same level, three-quarters of their duration.
        IV. -Supervisors who previously had the status of an officer of an international intergovernmental organization are classified according to the rules laid down in III. The services they have performed in such an organization are, in advance, assimilated to services performed in the category C.


      • Chapter V: Progress Article 11


        The length of time spent in each of the ranks of the ranks mentioned in Article 2 for access to the upper echelon is set at two years, with the exception of 1st step of the rank of the first prison supervisor whose duration is set at three years.
        At the time of tenure in the rank of supervisor, the duration of the traineeship, excluding its possible extension, shall be taken into account for Seniority acquired at the 1st step.

        Article 12


        Can access the exceptional level of the supervisor and supervisor Principal, within the limits of a quota fixed by the custody of the seals, minister of justice, the minister responsible for the budget and the minister responsible for the civil service and after the opinion of the Joint Administrative Committee, the supervisors At the 11th echelon of their rank and who are at least forty-five years of age at least on January 1 of the year in question.

        Article 13


        Can be entered in the promotion table for access to the rank of supervisor Brigadier:
        1 ° Supervisors and principal supervisors who are on January 1 of the year in which the progress table is Arrested five years of effective service in the body and obtained qualifications whose contents and terms and conditions are fixed by the custody of the seals, minister of justice, and the minister responsible for the public service;
        2 ° In the Limit of the ninth of all grade promotions of the year to be carried out under this Article, the principal supervisors and supervisors who count, on 1 January of the year in respect of which the promotion board is arrested, 13 Years of effective service in the body.

        Article 14


        Can be promoted to the rank of first supervisor:
        1 ° By way of Selection by professional competition, principal supervisors and supervisors and brigadiers who count, on 1 January of the year in which the competition is organised, six years of effective service in the Body.
        The rules for the general organization of the professional competition and the nature and program of the tests are fixed by the custody of the seals, the Minister of Justice, and the Minister responsible for the public
        . Seals, Minister of Justice, lays down the arrangements for the organisation of each professional competition and establishes the composition of the jury;
        2 ° Within the limit of the ninth of all grade promotions of the year to be carried out under the present Article, by way of registration on an annual table of progress, the brigadiers who count, on 1 January of the year in respect of which the promotion board is arrested, fifteen years of effective service in the body.

        Article 15


        Agents promoted to the rank of first supervisor are trained to adapt to the coaching job they have To occupy, the terms of which shall be fixed by order of the custody of the seals, Minister of Justice.
        They shall remain affected for a minimum period of two years in the institution in which they are appointed at the time of their promotion. However, this rule may be waived in order to fill a position for which no incumbent employees have been nominated or retained.

        Article 16


        Can be entered in the promotion table for access to the rank of major prison staff:
        1 ° The first supervisors who count, on January 1 of the year in respect of Which the promotion board is arrested, thirteen years of actual service in the body, including four years in the rank of first supervisor, and have met the obligations of a professional capacity examination including the content and the terms and conditions Shall be fixed by order of the custody of the seals, the Minister of Justice, and the Minister responsible for the public service;
        2 ° Within the limit of the ninth of all grade promotions of the year to be carried out under this Article, the first Supervisors who count, on January 1 of the year in respect of which the promotion board is arrested, twenty years of effective service in the body, eight years in the rank of first supervisor.

        Article 17


        Staff members promoted to the rank of Major Prisons shall be posted for a minimum of two years in the institution in which they are appointed. Their promotion. However, this rule may be waived in order to fill a position for which no other incumbent employees have been nominated or retained.

        Article 18


        Access to the exceptional level of the rank of Major Penitentiary, within the limit of a quota fixed by the Minister of Justice, Minister of Justice, fixed by the Minister of Justice The budget and the minister in charge of the civil service and after the opinion of the Joint Administrative Committee, the major prison majors at the 5th level of their rank and having at least three years of effective service in that rank at the 1st January of the year in question.

        Article 19


        Agents promoted to the higher grade pursuant to the provisions of this Chapter Are classified in their new grade at a level with an equal index or, failing that, immediately higher than that in their previous rank, with retention of seniority in the conditions laid down in the second and Third paragraphs of II of Article 10

      • TITLE II: COMMAND BODY OF SUPERVISORY PERSONNEL PENITENTIARY


    Item 20.


    A corps of command of the prison administration supervisory personnel is hereby established, governed by the provisions of the ordinance of 6 August 1958 and of the decree of 21 November 1966 referred to above, as well as by the provisions

    Article 21


    The body of command consists of three ranks:
    1 ° A rank of lieutenant penitentiary, which Has a level of pupil and eight echelons;
    2 ° A rank of prison captain, which consists of six steps;
    3 ° A rank of penitentiary commander, which has five levels.

    Article 22


    Command Corps officials are involved in the development of the policy defined by the Head of Institution for the care of persons Subject to a privative or restrictive measure of freedom. They coordinate its implementation, in the context of the enforcement of criminal decisions and sentences and the maintenance of the general security of the institution.
    They are responsible for the command of officials in the management and enforcement bodies. They shall act as head of detention or in charge of a service in penal institutions. They may be assigned to any other service of the penitentiary administration.
    They may also act as Head of Establishment or Deputy Head of Settlement in a Stopping House or Institution for With a capacity of less than or equal to two hundred seats. They may not be in the same position for a period of up to seven years.
    They shall carry out their duties in keeping or in plain clothes depending on the nature of the functions provided.

    Article 23


    I. -Prison lieutenants are recruited by two separate competitions or by promotion of
    . -The external competition is open, in the proportion of at least 20 % and at least 40 % of the number of jobs offered in the competitions, to candidates with a diploma attesting to the success of two years of higher education after the bachelor's degree Or of a diploma or equivalent title appearing on a list established by order of the custody of the seals, Minister of Justice, and of the Minister responsible for the Public Service, who are forty years of age or older on January 1 of the year of the competition
    Who meet the age limit specified in the preceding paragraph during a year in which a competition is not open may be in the next
    . -The closed competition shall be open, in the proportion of at least 60 % and 80 % of the number of jobs offered to competitions, to civil servants and public officials of the State, local and regional authorities and public institutions by raising, To members of the military as well as to officers in office in an international intergovernmental organization with at least four years of effective public services on 1 January of the year of the competition and at more than 11 years of age limit Body.
    IV. -An order of the Minister shall determine for each competition the distribution of the number of jobs offered in the external and internal competitions within the limits set out in II and III.
    The jobs offered in one of the competitions and not filled may be carried over to The other competition, without the deferral being able to affect more than 20 % of the number of positions offered in either competition.
    V.-Each year, when three appointments were made pursuant to section 19 of the Decree of 16 September 1985 referred to above, a prison lieutenant is appointed, after entry on a list of aptitude, among the first supervisors and prison majors justifying at least 12 years of effective service in the body Supervision and application, including at least five years as the first supervisor or major prison officer, on 1 January of the year in question.
    When the number of officers of the corps of command appointed in a given year to the title Article 19 shall not be a multiple of three, the remainder shall be added to the number of officers appointed under the same conditions in the following year for the calculation of appointments to be made in that year under the preceding
    . The number of posts offered each year under Article 26 of the aforementioned Law of 11 January 1984 shall be calculated, where the provisions of this Article do not permit a higher number of promotions, by applying the proportion of 25 % Provided for in the first paragraph of this V to 3.5 % of the workforce of the body concerned on 1 January of the year in respect of which the appointments are made.

    Article 24


    The special conditions of the competitions as well as those relating to the physical and psychological fitness, the number, the nature and the conditions of the tests shall be fixed by the custody of the seals, minister Justice, and the Minister responsible for the Public Service.
    The custody of the seals, the Minister of Justice, determines the organization of each competition and sets the composition of the jury.


    Article 25


    Agents recruited under the II and III of article 23 are appointed lieutenants. They are trained, partly at the National School of Prison Administration, whose programme and arrangements are fixed by the custody of the seals, Minister of
    . For a minimum period of four years from their tenure. In the event of a breach of their commitment occurring more than three months after the date of their appointment as lieutenants, unless the breach is not attributable to them, the persons concerned shall reimburse the State, in accordance with the conditions laid down in the custody order Seals, Minister of Justice, all or part of the remuneration collected for the duration of the training, taking into account the duration of the remaining services.

    Article 26


    Students whose education has been successful are named lieutenant-trainees and assigned according to their ranking in an institution or any other service that falls within the The prison administration. They are classified at the 1st step of the rank of penitentiary.
    Students whose education has not been satisfied are either allowed to extend their education or are dismissed or, if they have the status of civil servant, reinstated In their original body or framework of employment after the opinion of the Joint Administrative Committee. Permission to extend education may be granted only once.

    Article 27


    Subject to the second paragraph of Section 29, prison lieutenants remain affected for a minimum of two years in the institution in which they are appointed as a trainee. However, this rule may be waived in order to fill a position for which no other incumbent employees have been nominated or retained.

    Article 28


    Pupils and trainees who previously had the status of public servant or non-incumbent may not be paid less than that which would result from The provisions of Chapter IV of this Title which correspond to their situation.

    Article 29


    The course lasts one year. Trainees whose traineeship has been found to be satisfactory shall be confirmed and classified according to the procedures laid down in Chapter IV of this Title. Those who are not certified at the end of the traineeship may be authorised to carry out an additional internship of up to one year.
    Trainees who have not been authorised to carry out an additional internship or whose traineeship has not Satisfaction are either dismissed if they did not have the status of civil servant, or reinstated in their original body or frame of employment.

    Article 30


    Officers recruited under the V of Article 23 shall be exempt from traineeship and appointed upon appointment. They shall undergo an adaptation training whose programme and arrangements shall be fixed by the custody of the seals, Minister of Justice.
    They shall remain affected for a minimum period of one year in the institution in which they are appointed at the time of the Their promotion. However, this rule may be waived in order to fill a position for which no other incumbent employees have been nominated or retained.

    Article 31


    Command Corps officers who are called upon to perform establishment duties receive an adaptation training whose program and terms are fixed by order Minister of Justice.

    Section 32


    I. -Subject to the provisions of II, III and IV, the permanent prison lieutenants are classified at the 2nd step of their
    . -Prison lieutenants who had previously been a civil servant of the State, the territorial authorities or the public institutions by reporting are classified at a level with equal treatment or, failing that, immediately In
    limit of the seniority required under Article 33 for promotion to the next level, they retain the seniority acquired in their previous grade. Where the increase in salary resulting from their appointment is less than that provided to them by a step-level advancement in their former situation.
    Within the same limit, the lieutenant-prison officers appointed as they have Attained the highest level of their previous rank retain their seniority when the increase in salary resulting from their appointment is less than that provided to them by their appointment to the level.
    The application of the provisions of the preceding paragraphs may not have the effect of classifying persons in a more favourable position than would have been their case if, prior to their appointment in the body of command, they had been
    the application of the same provisions results in the classification of the persons concerned at a level with an index lower than that which they held in their previous rank, they shall retain the benefit of Their previous index, until the day they benefit in the body of command at least equal.
    III. -Prison lieutenants who had previously been the non-holding agent of the State, the territorial authorities or the public institutions by reporting are classified at a specified level by taking into account, on the basis of the durations Under Article 33 for each step-up, a fraction of their service age under the following conditions:
    1. Services performed in a category B employment shall be retained on account of three-quarters of their service Duration;
    2 ° Services performed in a category C level job are retained for half of their duration.

    Non-incumbent agents who previously occupied jobs at a lower level than they did At the time of their appointment, they may be entitled to take account of their full service seniority under the conditions set out above for lower-level
    . -Prison lieutenants who had previously been the agent of an international intergovernmental organization shall be classified according to the rules laid down in III, with the exception of that provided for in the last paragraph. The services which they have performed in such an organisation are, in advance, assimilated to services performed in the category B or C level, as the case may be.

    Article 33


    The length of time spent in each of the ranks of the ranks referred to in Article 21 for the upper echelon is set at two years, with the exception of the 1st and 7th echelons of the Rank of lieutenant penitentiary, whose durations are fixed at one year and three years, respectively.

    Article 34


    Can be enrolled To the promotion board for access to the rank of prison captain, prison lieutenants who count, on 1 January of the year in respect of which the promotion board is arrested, two years of effective service in the body and the Less than one year of seniority in the 4th step.

    Article 35


    Can be promoted to the rank of penitentiary commander:
    1 ° A selection made by examination of professional capacities, the prison captains who count, on 1 January of the year under which the examination is being held, twelve years of effective services in the prison administration, The
    for the general organisation of the examination of professional capacities and the nature and programme of the tests shall be fixed by the custody of the seals, the Minister of Justice, And the Minister responsible for the Public Service.
    The custody of the seals, the Minister of Justice, lays down the arrangements for the organisation of each examination and sets the composition of the jury.
    2 ° Within the ninth of all grade promotions Of the year to be carried out under this Article, by way of registration on a promotion board, the prison captains who count, on 1 January of the year in respect of which the promotion board is arrested, seventeen years of service Staff in the penitentiary administration, including seven years in the rank of penitentiary captain.

    Article 36


    Promoted agents At the rank of a prison commander shall remain for a minimum period of two years in the institution in which they are appointed at the time of their promotion. However, this rule may be waived in order to fill a position for which no other incumbent employees have been nominated or retained.

    Article 37


    Agents promoted to the higher grade under the provisions of this Chapter shall be classified in their new grade at a level with an equal index or, failing that, Immediately above that in their previous rank, with retention of seniority in accordance with the second and third paragraphs of Article 32.

    Article 38


    Prison commanders who have reached the 4th level of their rank for at least one year on 1 January of the year may be appointed in a Functional jobs of penitentiary commander with the effective exercise of particularly important responsibilities, the list of which shall be fixed by the custody of the seals, the minister of justice, the minister responsible for the budget and the Minister responsible for the Public Service.
    Prison commanders appointed in a position governed by this chapter shall be placed in a posting position for a period of up to five years, renewable. They may be withdrawn from employment in the interest of the service.
    The functional employment of a penitentiary commander is divided into two levels. The length of time spent in the first step is set at two years.
    Prison commanders appointed in one of these jobs are classified according to the following table:


    You can view the table in OJ
    No 90, 15/04/2006 text number 49



    Article 39. -I


    Can be placed in a position of secondment in one of the bodies governed by this Decree the officials of the State, the territorial authorities and the public establishments by belonging to a body or Job framework with a terminal index at least equal to that of the body in which the detachment is requested.

    Interested parties must have been in the position for at least five years and meet the conditions of physical and psychological fitness Required candidates for external competitive recruitment.
    II. -The secondment shall be pronounced at a grade equivalent level and at the level with equal treatment or, failing that, immediately above the level in which the persons concerned enjoy in their original corps or framework of
    . Retain, within the limit of the average length of service required for access to the higher level of its new grade, the seniority acquired in its previous rank when the secondment gives it a lower benefit than that which would have As a result of a step advance in his or her original rank or as a result of his appointment to the step if that step was the highest of his previous rank.
    III. -Staff members placed in positions of secondment in one of the bodies governed by this Decree shall contribute to the advancement of rank and level with all civil servants in that body. For this purpose, services carried out in the grade of origin are treated as services performed in the rank of detachment.
    IV. -Staff seconded to one of the bodies governed by this Decree shall receive appropriate training at the National School of Prison Administration according to their prior qualifications and experience, the modalities of which shall be Defined by the custody of the seals, Minister of Justice.
    V.-Officials posted in one of the bodies governed by this Order for at least two years may, on their application, be integrated into that body.
    Integration Is carried out at the rank and level employed in the job of secondment with the retention of seniority acquired in that employment.
    Services performed in the body or in the original employment framework are assimilated to services performed In the Integration Body.

    • Chapter I: Terms and Conditions for the Framework and Application Article 40


      Officers belonging to the corps of officers and supervisors governed by Decree No. 93-1113 of 21 September 1993 on the special status of the prison administration's supervisory staff are integrated into the supervisory body and Application according to the following table:


      You can view the table in OJ
      No 90, 15/04/2006 text number 49





      performed in the body and grades In the case of services performed in the body and the degree of integration.

      Article 41


      Until 31 December 2009, By way of derogation from Article 13, may be entered in the promotion board for access to the rank of a brigadier general:


      1 ° For the year 2006


      a) Supervisors who count, as of the coming into force of this Order, at least three years of effective service in the 11th echelons and have been appointed on an exceptional basis.
      b) The Supervisors who, during the year in which the promotion board is arrested, have reached at least the 11th echelon of their rank and have at least seventeen years of effective service in the body.


      2 ° 2007 title



      a) Supervisors appointed at the exceptional level.
      b) Supervisors who, during the year in which the promotion table is stopped, have reached at least the 10th echelon Rank and have at least sixteen years of effective service in the body.


      3 ° As of 2008


      a) Supervisors appointed on an exceptional level.
      b) Supervisors who In the year in respect of which the promotion board is arrested, have reached at least the ninth grade of their rank and have at least sixteen years of effective service in the body.


      4 ° For the year 2009


      a) Supervisors appointed at the exceptional level.
      b) Supervisors who, during the year in which the promotion board is arrested, have reached at least the eighth grade of their rank and who Have at least sixteen years of effective service in the body.

      Item 42


      Until December 31, 2008, by way of derogation from Provisions laid down in Article 14, the requirement for effective services to be promoted to the rank of first supervisor shall be as follows:


      You can consult the table in OJ
      No 90, 15/04/2006 Text number 49



      Item 43


      Until December 31, 2009, the limit on the number of promotions to grade Shall be the sixth of all grade promotions of the year to be achieved under this Article.

      Article 44


      Until 31 December 2009, by way of derogation from Article 16, may be included in the promotion table for access to the rank of Major Penitentiary the first supervisors who, at the 1st January of the year in which the promotion board is stopped, reached the 6th echelon and has twenty years of effective service, of which sixteen are in the rank of first supervisor.
      For the development of the promotion table at grade The conditions must be met on the date of entry into force of this Decree.
      Officers promoted to the rank of Major Penitentiary under this Article shall continue to perform their duties In the employment they occupied on the date of their promotion.

      Article 45


      The provisions of the second paragraph of Article 15 shall not be Not applicable to officers appointed or promoted to the rank of first supervisor before the date of entry into force of this Order.

    • Chapter II: Provisions applicable to the body of command Item 46


      I. -Officers belonging to the Corps of Heads of Prison Service governed by the Decree of 21 September 1993 are integrated into the corps of command under the conditions laid down in this
      . -For the reclassification of officers belonging to the 1st echelons of the rank of non-commissioned head of penitentiary service, a provisional level is created in the rank of prison commander.
      The length of time spent in this provisional level for Access to the 1st step of the rank of prison commander is set at two
      . -Officers belonging to the corps of Heads of Prison Service are reclassified in the command body according to the following table:


      You can consult the table in OJ
      No 90, 15/04/2006 text Number 49





      performed in the ranks of the second-class prison service head, head of the 1st class penitentiary service and head of the non-class penitentiary service are treated as services Respectively in the ranks of prison lieutenant, prison captain and penitentiary commander.
      IV. -The maximum duration provided for in the last paragraph of Article 22 shall be calculated from the date of entry into force of this Decree.

      Article 47


      Until December 31, 2008, by way of derogation from Article 34, the seniority requirement in the rank of prison lieutenant to access the rank of prison captain by way of a promotion board is set as follows: :


      You can view the table in OJ
      No 90, 15/04/2006 text number 49



      Article 48


      Until 31 December 2008, by way of derogation from the provisions of 1 ° of Article 35, the condition of effective services required in the rank of penitentiary captain to attain the rank of commander Penitentiary is fixed as follows:


      You can view the table in OJ
      No 90, 15/04/2006 text number 49



      Item 49


      I. -Until 31 December 2009, by way of derogation from the 2 ° of Article 35, may be promoted to the rank of prison commander, by way of registration on an annual promotion board, within the limit of the sixth of all grade promotions The year to be carried out, the prison captains who count, on 1 January of the year in respect of which the promotion board is arrested, fifteen years of effective service in the prison administration and a duration of effective services in The rank of captain as follows:


      You can view the table in OJ
      No 90, 15/04/2006 text number 49




      II. -Officers promoted to the rank of Prison Commander under the I shall not be subject to any functional or geographical mobility.

      Article 50


      For a period of two years from the date of entry into force of this Decree, by way of derogation from the first paragraph of Article 38, may be appointed on one of the functional posts of a prison commander Prison commanders who, on 1 January of the year in question, have reached the 3rd level of their rank for at least one year.
      The officers appointed in the functional employment of the prison commander when they are less than one year old In the 4th step of the rank of penitentiary commander are classified at the 1st step without seniority.

      Article 51


      The Provisions of Article 27 and the second subparagraph of Article 30 shall not apply to officers appointed or promoted to the rank of second class prison service head before the date of entry into force of this Decree

    • Chapter III: Common provisions Article 52


      Competitions whose opening orders were published before the date of entry In force of this Decree shall remain governed by the provisions of Decree No. 93-1113 of 21 September 1993.
      Candidates admitted to such competitions who have not been appointed on the date of entry into force of this Decree shall retain the benefit of their Admission.
      They are appointed under the following conditions:
      1 ° A l' article 6 for the winners of the access competition to the rank of supervisor;
      2 ° A l' article 25 for the winners of the competitions for access to the rank of lieutenant prison;
      3 ° To Articles 15 and 19 for the winners of the professional access competition to the rank of first supervisor, with the exception of the laureates appointed at the first level of this grade who are entitled to an increase in seniority of one year.

      Article 53


      The competent administrative boards with respect to the corps of graders and supervisors and the body of chiefs Serving until the end of the term of office of the staff representatives.
      Members previously representing the officers holding the rank of supervisor and chief supervisor of the corps of the graders and supervisors Shall represent, as of the entry into force of this Order, the officers holding the rank of supervisor and principal supervisor, as well as a supervising officer of the supervising and supervising staff of The
      of the rank of first supervisor shall represent, from the same date, the officers holding the rank of first supervisor and of major Prisons.
      Members previously representing the ranks of the 2nd class prison service head, Chief of the 1st class penitentiary service and head of the prison service out of class for the heads of the chiefs From the same date, respectively, the officers holding the rank of the prison officer, the penitentiary captain and the penitentiary commander of the administrative command corps Prisons.

      Article 54


      Decree No. 93-1113 of 21 September 1993 on the special status of staff Supervision of the prison administration is repealed.

      Article 55


      The Minister of Economy, Finance and Industry, the Custody of the seals, the Minister of Justice, the Minister of the Public Service and the Minister responsible for the budget and the reform of the State, a spokesman for the Government, shall each have responsibility for the execution of this Decree, which shall be Published in the Official Journal of the French Republic


    Done at Paris, April 14, 2006.


    Dominique de Villepin


    By the First Minister:


    Seals Guard, Minister of Justice,

    Pascal Clément

    Finance and Industry Minister,




    Thierry Breton

    The Minister of the Environment Public,

    Christian Jacob

    The minister delegated to the

    budget and state reform,

    spokesman for the Government,

    Jean-François Copé


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