Key Benefits:
The Prime Minister,
On the Report of the Seals, Minister of Justice, and the Overseas Minister,
Given the Criminal Code;
Given the Code of Criminal Procedure;
Law No. 99-209 of March 19, 1999 Amended organic matter relating to New Caledonia, in particular Articles 21 and 133 thereof;
Having regard to Decree No. 93-5847 of 26 March 1993 on the special status of the heads of medical services of the external services of the administration And amending Decree No. 90-230 of 14 March 1990 on the special status of nurses in the field of the prison administration and the judicial protection of the Youth;
In view of Decree No. 99-669 of 2 August 1999 on the special status of the technical staff of the decentralised services of the prison administration;
In view of Decree No. 99-670 of 2 August 1999 concerning the employment status of director Prison services for insertion and probation, as amended by Decree No. 2002-402 of 20 March 2002;
Having regard to Decree No. 2001-529 of 18 June 2001 on conditions for access to employment in the direction of the decentralised services of the State;
In view of Decree No. 2002-725 of 30 April 2002 on the employment status of Regional Director and functional director;
Given the opinion of the Government of New Caledonia dated 7 October 2004,
Décrète:
In the Code of Criminal Procedure applicable in the territories of New Caledonia, French Polynesia and Wallis and Futuna Islands (third part: Orders) by Decree No. 84-577 of 6 July 1984, the book "V bis entitled" Enforcement procedures applicable in the territory of New Caledonia " Is modified.
Section D.N.C. 81 reads as follows:
" Art. D.N.C. 81. -In the light of the notice referred to in article D.N.C. 80 and in order to complete the file, the head of the penal institution may apply to the prison service for insertion and probation or to another service to conduct an inquiry into the Physical, family and social situation of the offender. "
Section D.N.C. 94 is amended as follows:
I.-In the first paragraph, the words:" Socio-educational personnel " Are replaced by the words: " Prisons for insertion and probation ".
II. -The second paragraph reads as follows:
" On this occasion, the convicted persons shall be informed of the rules of procedure of the establishment and of the draft execution of their sentence, the modalities of which shall be examined with them. "
III. -A third paragraph shall be added as follows:
" The period of reception and observation, during which detainees may be placed in solitary confinement, may not exceed 15 days. "
Section D.N.C. 162 is amended as follows:
I.-In the first paragraph, the words:" The socio-educational service " Are replaced by the words: " Members of the Prison and Probation Service ".
II. -In the second paragraph, the reference to section D.N.C. 462 is replaced by the reference to section D.N.C. 461.
III. -The third paragraph reads as follows:
" Documents covered by professional secrecy can only be consulted by a member of the prison service for insertion and probation. In the case of a transfer outside New Caledonia, the Prisons of Insertion and Probation Service shall transmit these documents under sealed cover to the competent service at the place of destination or, in the event of discharge and where appropriate, to the Prison for insertion and probation of the person's place of residence. "
Section D.N.C. 180 is amended as follows:
I.-In the seventeenth paragraph, the words:" Members of medico-social services " Are replaced by the words: " Social workers in the Prison and Probation Service ".
II. -After the seventeenth paragraph, an additional paragraph shall be added:
" The Regional Director, Head of the Overseas Prison Service Mission, or his representative, may attend the work of the Monitoring Committee. "
A D.N.C. 193 has been created as follows:
" Art. D.N.C. 193. -A mission of the overseas prison services, entrusted to a regional director of prison services, has jurisdiction over the prisons and prisons of the overseas departments, New Caledonia and the French Polynesia. "
Article D.N.C. 196 reads as follows:
" Art. D.N.C. 196. -To ensure its operation, the prison public service has the following categories of staff:
" 1 ° Officials of the decentralised services of the penitentiary administration placed by decree in the Council of State under special status:
" (a) Management staff: management staff;
" (b) Administrative staff: body of administrative and stewardship attachés, body of administrative secretaries, corps of administrative assistants;
" (c) Technical staff: body of technical directors, body of technicians, body of technical assistants;
" (d) Insertion and probation staff: body of heads of insertion and probation services, body of insertion and probation counsellors;
" (e) Surveillance staff: corps of prison officers, corps of officers and supervisors;
" (f) Staff under the employment status of Regional Director and functional director of the prison services;
" (g) Personnel placed under the employment status of Director of Prison and Probation Services;
" 2 ° Officials of the decentralised services of the prison administration, governed by inter-ministerial statutes:
" Administrative staff: body of administrative officers, body of technical services officers;
" 3 ° Officials of the common bodies of the Ministry of Justice assigned to the decentralised services of the prison administration:
" Social service staff: body of social service assistants of the Ministry of Justice, body of the social service technical advisors of the Ministry of Justice;
" 4 ° Officials of the state bodies assigned to the decentralised services of the prison administration:
" Nurses: the inter-ministerial body of nurses in the state, the nurses of the decentralised services of the prison administration and the judicial protection of the youth, the heads of the supervisors Medical services of the decentralised services of the prison administration and the judicial protection of youth;
" 5 ° Non-incumbent agents of the State affected in the New Caledonia Public Service Prison Service;
" 6 ° Officials of other statutes and contract agents. "
A section D.N.C. 196-1 is created as follows:
" Art. D.N.C. 196-1. -In this book, the words: " social workers in the prison and probation services apply indiscriminally to insertion and probation personnel, social workers and technical advisors Social. "
Section D.N.C. 197 reads as follows:
" Art. D.N.C. 197. -The composition of the staff of the institution and of the prison service for insertion and probation shall be determined by the Minister of Justice, in accordance with the texts laying down the recruitment and duties of officials, employees and Officers of the prison administration. "
Section D.N.C. 216 is amended as follows:
I.-In the first paragraph, the words:" The penitentiary establishment " Are replaced by the words: " Deconcentrated services of the prison administration ".
II. -Added a second paragraph as follows:
" It is obliged to take part in the training and training courses provided by the National Prison Service School, as part of the continuing training scheme, or by any other organisation. "
The second paragraph of section D.N.C. 219 reads as follows:
" They shall refrain from any act, statement or writing which would affect the safety and good order of the establishment and shall carry out their duties under such conditions as they cannot For a preliminary ruling on the proper procedure of judicial proceedings. "
The second paragraph of section D.N.C. 255 reads as follows:
" The rules of procedure shall be established by the head of establishment, in particular in liaison with the prison service for insertion and probation for the areas falling within the competence of that service. The rules of procedure and any amendments thereto shall be forwarded for approval to the Regional Director, Head of the Overseas Prison Service Mission, after having been submitted to the Judge for the application of the Penalties. "
Section D.N.C. 285 is amended as follows:
I.-In the first paragraph, the words:" The prison " Are replaced by the words: " Penitentiary institution ".
II. -The third paragraph reads as follows:
" The prisoner shall also be visited, as soon as possible, by a member of the Prison for Insertion and Probation Service. "
III. -A fourth paragraph was added as follows: '
' A prisoner who has manifested his or her intention to practise his or her religion may be visited by the Minister of Worship, in accordance with the provisions of section D.N.C. 436. "
Section D.N.C. 362 is amended as follows:
I.-In the third paragraph, the words:" The Directorate of Youth, Sports and Recreation " Are replaced by the words: " Locally competent services. "
II. -A fourth paragraph was added as follows: '
' The Prison for Insertion and Probation Service, in conjunction with the head of establishment and locally competent services, contributes to the development of the programming of the sports activities of the institution. "
Section D.N.C. 401 is thus amended:
I.-In the second paragraph, the words:" And the social worker " Are replaced by the words: " And a social worker from the Prison for Insertion and Probation Service
. -In the third paragraph, the words: Medical-educational service in liaison with the territorial directorate of health and social affairs " Are replaced by the words: " Prison for Insertion and Probation Service in conjunction with locally competent services ".
Section D.N.C. 427 is thus amended:
I.-In the second paragraph, the word: Prisoner " Is replaced by the word: " Owned ".
II. -In the third paragraph of Article D.N.C. 427, the words: The social worker " Are deleted.
In the second paragraph of section D.N.C. 429, the words: " Socio-educational service " Are replaced by the words: " Prison for insertion and probation service ".
In Section II of Chapter X of Title II, it shall be created, before Section D.N.C. 440, a paragraph thus entitled:
" § 1. Socio-cultural activities. "
Article D.N.C. 440 reads as follows:
" Art. D.N.C. 440. -Socio-cultural activities are organised in the prison. Their purpose is to develop the means of expression, knowledge and skills of inmates.
" The Prison Service for Insertion and Probation seeks the assistance of external actors to whom the animation of certain activities can be entrusted.
" The use of weekly time must allow any inmate who wishes to participate in these activities to participate. "
It is created, after item D.N.C. 440, a paragraph 2 thus written:
" 2. Cultural action. "
" Art. D.N.C. 441. -Cultural programming, resulting from the widest representation of the cultural sectors, is implemented in the penitentiary
. The goal of this program is to develop the means of expression and knowledge of
. Art. D.N.C. 441-1. -The prison service for insertion and probation, in liaison with the head of establishment, is responsible for defining and organising the cultural programming of the
. To this end, it shall select and implement, with the support of locally competent services, projects proposed by cultural organisations or
. Art. D.N.C. 441-2. -The institution has a library whose books are available free of charge to inmates.
" They must be numerous and varied in order to take account of the linguistic, cultural and religious diversity of prisoners, and to respect their freedom of choice
The location of the library must allow direct and regular access of inmates to all documents.
" A librarian or, failing that, the prison service for insertion and probation provides for the purchase, organizes the training and supervises the inmates who manage it on a daily basis. "
It is created, after item D.N.C. 441-2, a paragraph 3 so called:
" 3. Sociocultural and sports association. "
Article D.N.C. 442 reads as follows:
" Art. D.N.C. 442. -An association operating under the law of 1 July 1901 is made up of each penitentiary institution with a view to supporting and developing socio-cultural and sporting activities for the benefit of
. In order to obtain the approval of the High Commissioner of the Republic, the statutes of these associations must comply with the conditions laid down by a service instruction. "
It is created, after item D.N.C. 442, a paragraph 4 thus written:
" § 4. Prisoners' access to cultural and socio-cultural activities. "
Sections D.N.C. 443 to D.N.C. 445 read as follows:
" Art. D.N.C. 443. -The rules of procedure shall determine the conditions for the access of prisoners to cultural and socio-cultural
. It also specifies the conditions under which inmates borrow books or documents from the library. It shall, in particular, provide for and promote conditions for the direct access of detainees to the library
Art. D.N.C. 444. -Inmates may obtain, through the administration, newspapers, periodicals and books written in the French language or in a local language as well as foreign books of their choice which have not been the subject of a Entered in the last three months.
" However, publications containing specific threats to the security of persons or persons in penal institutions may, at the request of the head of establishment, be retained by the Minister of
. Inmates may obtain, through the administration and the manner in which they determine, a radio receiver and an individual television.
" The rules of procedure shall determine the characteristics to be met by these devices and the conditions for their use
Exchanges and loans of personal books between inmates are allowed.
" Art. D.N.C. 444-1. -The release of the writings of an inmate for publication or disclosure in any form is authorized by decision of the Regional Director, Head of the Overseas Prison Service Mission.
" Without prejudice to a possible seizure by the judicial authority and subject to the exercise of the rights of the defence, any manuscript in detention may be retained for reasons of order, in order to be returned to the author only at the Moment of release.
" The provisions of this Article shall not, however, preclude the dissemination, inside and outside the prison, of bulletins or newspapers written by prisoners with the agreement and under the control of Administration.
" Art. D.N.C. 445. -The dissemination, outside the premises of the prison establishment, of an audiovideogram carried out in the context of the actions for insertion is subject to the authorisation of the Minister of Justice or the Regional Director of Prison Services, Head of the The mission of the overseas prison services, according to whether it has a national or territorial dimension. "
In the second and third paragraphs of section D.N.C. 446, the words:" Socio-educational service " Are replaced by the words: " Insertion and Probation Service ".
Section IV of Chapter X of Title II is deleted.
Section V of Chapter X of Title II becomes Section VII.
Section V of Chapter X of Title II reads as follows:
"Section V
" From Work Order Socio-educational
" Art. D.N.C. 460. -The prison service, the prison service for insertion and probation, has the task of participating in the prevention of the desocializing effects of imprisonment on prisoners, promoting the maintenance of social ties and Family and help them prepare for social reintegration.
" It shall ensure liaison with the various social, educational and medical-social services competent locally and shall take all such contacts as it deems necessary for the reintegration of
. Art. D.N.C. 461. -The Prison Service for Insertion and Probation is responsible for seeking ways to promote the individualisation of the criminal situation of prisoners, in particular within the framework of the guidelines given by the judge of the application of the Penalties.
" Whenever the request is made to them or their initiative, the social workers of the prison service of insertion and probation provide the judicial authority and the services of the prison administration with the necessary elements. To better individualise the execution of the deprivation of liberty of each prisoner; in particular, they draw up opinions or reports on interim detainees or those whose criminal situation is examined in the Committee on
. " Art. D.N.C. 462. -The prison service for insertion and probation is systematically informed of the identity and the criminal situation of any detained person. It has access to the individual folder of any inmate.
" Art. D.N.C. 463. -The social workers of the Prison and Probation Service have free access to detention facilities for the purposes of their service at daytime service.
" The interviews with the detainees take place, under conditions that guarantee confidentiality, either in a room or office or in the inmate's cell and, if he is in the disciplinary area, in a special room.
" Art. D.N.C. 464. -For the duration of their imprisonment, prisoners may be received by a social worker from the Prison and Probation Service, either as a result of their request or upon
. The social worker appreciates the opportunity to receive an inmate or to take the steps he is seeking.
" Art. D.N.C. 465. -The correspondence between the detainees and the social workers belonging to one of the services of the Ministry of Justice is freely and under sealed
. Letters from detainees to other social services may be transmitted under sealed cover, under the supervision of the Prisons of Insertion and Probation Service. "
After section V of Chapter X of Title II, a section VI so worded is created:
" Section VI
"Prison visitors
" Art. D.N.C. 472. -Visitors to prison contribute, on a voluntary basis and according to their particular skills, to the care of prisoners reported by the Prisons of Insertion and Probation Service, with a view to preparing their reintegration by providing them with Assistance and support during their incarceration. They can participate in collective action actions.
" Art. D.N.C. 473. -Visitors to prison are approved for a renewable period of two years for the purpose of access to inmates of the penitentiary
. Approval shall be granted by the Regional Director, Head of the Overseas Prison Services Mission, after obtaining the opinion of the High Commissioner of the Republic
The authorisation shall be withdrawn by the Regional Director, Head of the Overseas Prisons Service, either ex officio or at the request of the Sentence Enforcement Judge or the Public
of the Republic. In the event of an emergency, and for serious reasons, the authorisation may be suspended by the head of establishment, who shall immediately notify the Regional Director, Head of the Overseas Prison Services Mission, for decision
Art. D.N.C. 474. -Visitors to prison are involved in cooperation with the Prison and Probation Service, which is responsible for coordinating their actions. They are combined quarterly in the presence of the Head of Institution.
" Prison visitors undertake to respect the provisions of this Title and the rules of procedure of the establishment relating to discipline and security, as well as to the specific obligations resulting from their quality and role, Scopes to knowledge when taking function.
" Art. D.N.C. 475. -Visitors to prison can take action with all detainees who are being held in the institution for which they are entitled, regardless of the criminal situation of those
. However, the right of access shall be suspended in respect of prisoners placed in the disciplinary area and in respect of the defendants in the event that they are prohibited from communicating under the first paragraph of Article 145-4.
" Art. D.N.C. 476. -Prison visitors have access to a room inside the detention facility to receive the inmates they care for.
" Maintenance occurs outside of the presence of a supervisor.
" The visits shall take place on the days and hours fixed by the head of establishment in agreement with the visitors
Art. D.N.C. 477. -Visitors may correspond with the detained persons under open cover and without prior authorization. "
Article D.N.C. 478 reads as follows:
" Art. D.N.C. 478. -The prison public service must allow the prisoner to prepare his release under the best conditions
The Prison for Insertion and Probation Service, in conjunction with locally competent services and all public or private bodies, promotes the access of every person who is released to social rights and to integration and health care. He ensures that the released person receives accommodation in the early days of his release. "
The second paragraph of section D.N.C. 479 reads as follows:
" It shall include the address of the prison service of insertion and probation or of the local office of the person's place of residence. "
Section D.N.C. 482 reads as follows:
" Art. D.N.C. 482. -The penitentiary institution shall provide, as far as possible, clothing for those prisoners who are free from detention and who would be deprived of sufficient resources to obtain them. "
In Article D.N.C. 483, the words:" Administration " Are replaced by the words: " The penitentiary institution ".
In the first paragraph of section D.N.C. 530, the word" Reclassification " Is replaced by the word: " Reintegration ".
The first paragraph of section D.N.C. 531 reads as follows:
" Any person convicted, subject to the application of the provisions of article 729-2, shall have the right to refuse his or her admission to parole, so that the particular measures and conditions which it contains in respect of him or her shall not Apply without his or her consent. "
Section D.N.C. 532 is thus amended:
I.-In the first paragraph, the words:" Social rehabilitation, including family and vocational rehabilitation " Are replaced by the words: " Social, family and professional reintegration. "
II. -The second paragraph reads as follows: They shall be implemented by the Prison for Insertion and Probation Service in liaison and with the participation, where appropriate, of the competent services locally and of all public or private bodies. "
Section D.N.C. 533 is thus amended:
I.-At 2 °, the words:" The probation officer " Are replaced by the words: " The social worker of the Prison and Probation Service ".
II. -At 3 °, the words: " Of this agent " Are replaced by the words: " Of the social worker of the prison service of insertion and probation
. -The 4 ° is thus written:
" To prevent the social worker from the prison service of insertion and probation of his employment changes and, where they are liable to hinder the performance of his duties, obtain prior authorisation from the judge of the application Penalties. "
Section D.N.C. 534 is thus written:
" Art. D.N.C. 534. -The judge of the application of the sentences may authorise the conditional release to change of residence, after consulting the judge of the application of the sentences of the jurisdiction in which the convicted person intends to establish and, in the case provided for in the third Paragraph of Article 730, the Public Prosecutor of the Republic
The release must be obtained by the judge from the application of the sentence prior to any displacement of which the duration exceeds fifteen days, as well as for any movement abroad.
" The establishment abroad, if provided for in the conditional release decision, may only be authorized by an amendment of the said decision under the conditions laid down in the fourth paragraph of Article 732. "
Section D.N.C. 535 is thus amended:
I.-In the second paragraph, after the words:" ", are added the words:" Or placement outside unattended ".
II. -In the third paragraph of Article D.N.C. 535, the words: Probation and release assistance committee " Are replaced by the words: " Prison for Insertion and Probation Service " And the word: " Committee " Is replaced by the word: " Service ".
Section D.N.C. 542 reads as follows:
" Art. D.N.C. 542. -The prison service for insertion and probation shall be responsible for ensuring the care of the residence bans subject to the assistance measures referred to in Article 131-31 of the Criminal Code. "
Section D.N.C. 544 is thus written:
" Art. D.N.C. 544. -During the six months following the date of release, any person may, at his or her request, benefit from the assistance of the Prisons of Insertion and Probation
. This assistance shall be carried out in liaison and with the participation, where appropriate, of locally competent services and of all public or private bodies. "
After Title VI, a Title VII is created as follows:
" TITLE VII
"OF STAY PROHIBITION
" Art. D.N.C. 571. -Where the person is free, the person sentenced to the prohibition of residence shall be required to notify the public prosecutor's office of the court which has pronounced the conviction of the place where the residence is fixed. When detained, she must notify the prison registry at the time of her release. The head of the penitentiary institution shall immediately inform the Ministry of Public Affairs of the court which has pronounced the
. Art. D.N.C. 571-1. -Where the conviction to the prohibition of residence is enforceable, the Public Prosecutor's Office close to the court which pronounced the conviction shall notify the judge of the application of the relevant penalties to which he shall transmit a copy of the judgment and Any useful information about the condemned person's residence.
" Art. D.N.C. 571-2. -The Public Prosecutor's Office close to the court which sentenced the prohibition of residence to be enforceable shall deliver or cause to be given to the sentenced person a document enabling him to justify his situation with regard to the prohibition of residence. This document is given to the sentenced person in prison upon his release. If the convict is summoned by the sentencing judge when the document could not be given to him before, the judge shall deliver it.
" The document given to the convicted person shall refer to the civil status of the person, the date of the conviction decision and the jurisdiction to which it emanates, the duration of the prohibition of residence and the list of places prohibited, and, where applicable, the measure or measures Supervision set by the court pursuant to section 762-1.
" Any decision amending the procedures for implementing the prohibition of residence pursuant to Articles 762-4 and 762-5 shall be mentioned in the document. This statement shall be made by the magistrate who takes the decision or, if it is taken by the court, by the public prosecutor of the Republic near that court
If the prohibition of residence is accompanied by a custodial sentence, the document shall also refer to the sentence and the day on which the deprivation of liberty has
. The document reproduces the terms of Articles 131-31 and 131-32 of the Criminal Code and Articles 762-2, 762-4 and 762-5 of the Code of Criminal Procedure. It further states that the fact that the person sentenced to evade the obligations and prohibitions arising from the prohibition of residence shall be liable to the penalties laid down in Article 434-38 of the Criminal
. The model of the document provided for in this Article shall be drawn up by the Minister of
. Art. D.N.C. 571-3. -The Public Prosecutor's Office close to the court which pronounced the conviction shall be notified, either by the magistrate who takes the decision, or, where the decision is taken by the court, by the Public Prosecutor of the Republic near that
: 1 ° From any transmission of file to the judge of the application of the relevant penalties following a change of residence of the person sentenced to the prohibition of residence;
" 2 ° Any modification of the list of prohibited places and of the surveillance measures decided pursuant to Article 762-4;
" 3 ° Any provisional suspension of the execution of the measure prohibiting the stay decided pursuant to Article 762-5, paragraph 1;
' 4 ° of any provisional authorisation to stay in a prohibited locality decided pursuant to Article 762-5, paragraph 2;
" 5 ° Any search order issued against the convicted person pursuant to the combined provisions of Articles 762-2, paragraph 2, and 741, paragraph 2;
" 6 ° From any conviction for infringement of the prohibition of
. In the event of a conviction for an offence against the prohibition of residence, the public prosecutor's office close to the court which issued the conviction shall, in addition, notify the judge of the application of the penalties under the supervision of which the person sentenced to the prohibition of residence Is placed.
" The public prosecutor's office close to the court which issued the conviction ensures the transmission of the information referred to in the 2 °, 3 ° and 4 ° to the file of the persons sought for distribution. "
Title XI of the Code of Criminal Procedure reads as follows:
" TITLE XI
"
PENITENTIARY SERVICE AND PROBATION
" Chapter I
" Service Missions Insert and probationary
" Art. D.N.C. 572. -An insertion and probation service shall be established to carry out the tasks provided for in Articles D.N.C. 573 to D.N.C. 574.
" The Director of the Prison and Probation Service shall be placed under the authority of the Regional Director, Head of the Overseas Prison Service
. The seat of the prison service for insertion and probation and, where appropriate, local insertion and probation antennae shall be fixed by order of the Minister of
. Art. D.N.C. 573. -The prison service of insertion and probation, with the participation, where appropriate, of the competent services locally and of all public or private bodies, promotes access to the rights and the common rights of prisoners, and Persons entrusted to it by the judicial authorities.
" It ensures in particular for those released from the continuity of the insertion actions initiated under the provisions of sections D.N.C. 441-1, D.N.C. 457 and D.N.C. 459.
" It may also provide material assistance to persons entrusted to it by the judicial authorities.
" Art. D.N.C. 574. -The Prison Service for Insertion and Probation, on referral to the judicial authorities, is responsible for the preparation of criminal justice decisions; it may be responsible for the enforcement of investigations and pre-trial measures. To this end, it carries out checks on the material, family and social situation of persons investigated or prosecuted in order to enable better individualisation of measures or penalties and to promote Insertion of interested parties.
" It monitors and controls persons under judicial control. It shall carry out the investigations requested prior to the execution of custodial sentences.
" The prison service for insertion and probation shall implement the control measures and ensure compliance with the obligations imposed on those sentenced to imprisonment with probation or work of general interest, to persons who The subject of a measure to postpone punishment with probation, to parolees, to the prohibition of residence and to the persons referred to in Article L. 51 of the code of the national
. Art. D.N.C. 575. -Under the authority of the Director of the Prison and Probation Service, social workers shall ensure that the person entrusted to the service is subject to the control measures and complies with the obligations imposed on
. They are implementing measures to promote their reintegration into society. They shall provide the magistrate, at his request or on their own initiative, with all information enabling him to take the appropriate measures to the situation of the person.
" They propose changes or modifications to the control measures, obligations or conditions, and report on their violations. They shall address each semester from the point of reference to the service and after the follow-up action an evaluation report.
"Chapter II
" The powers of the judge
application of punishments and other principal judges
" Art. D.N.C. 576. -Sentencing judge:
" 1 ° Determines the general guidelines for the implementation of the measures entrusted to the Prison for Insertion and Probation;
" 2 ° Evaluates their implementation by the service;
" The judge for the application of penalties shall exercise these powers in consultation with other principal judges. The heads of jurisdiction organize this consultation.
" Art. D.N.C. 577. -The judge of the application of the penalties and the other magistrates concerned shall, where appropriate, communicate specific instructions for the monitoring of the measure for each case in which they enter the
. The principal investigator may request, in writing, the Director of the Prison Service for insertion and probation to designate another social worker, if he finds that the person who has been charged with the measure does not carry out the proceedings Expected.
" Art. D.N.C. 578. -The Sentence Judge and the Director of the Insert and Probation Service visit each year the various shelters or lodging organizations for the persons referred to in sections D.N.C. 544 and D.N.C. 574.
"Chapter III
" Organization and operation
of the Insert and Probation Service
" Art. D.N.C. 579. -The Director of the Prison and Probation Service shall ensure that each measure is followed up and the instructions given by the investigating magistrates are followed up.
" It checks that reports are regularly sent to magistrates.
" Art. D.N.C. 580. -Within the service, a file is maintained for each person subject to a measure referred to in section D.N.C. 574. This file shall include the judicial documents necessary for the monitoring of the measure, the elements relating to the supervision of the obligations or conditions imposed and the copy of the reports addressed to the investigating
. Documents covered by professional secrecy may be consulted only by a member of the prison service for insertion and probation
In the case of a change in the residence of the person being followed, the service shall transmit these documents to the competent service of the place of the new residence.
" The file shall be communicated to the magistrate who seized the service, except for information obtained by way of confidences with the persons in charge.
" Art. D.N.C. 581. -Members of the prison service for insertion and probation shall be subject to professional secrecy under the conditions laid down in Articles 226-13 and 226-14 of the Penal
. Whenever the request is made to them or their initiative, they provide the judicial authority or the services of the prison administration with the elements to better individualize the situation of persons under the control of Justice.
" In the course of carrying out the measures referred to in Article D.N.C. 574, the members of the prison service of insertion and probation may not object to the judicial authorities, except for the information collected by the Confidences to those supported.
" Art. D.N.C. 582. -The Prisons of Insertion and Probation Service shall maintain a permanent duty to respond to the requests of the court and to any emergency measures necessitated by the situation of the persons referred to in articles D.N.C. 544 and D.N.C. 574
Art. D.N.C. 583. -Exceptionally, an appeal may be made to volunteers approved by the Director of Service after the opinion of the judge of the application of the sentences, under conditions laid down by order of the Minister of
. The director of the service may withdraw or suspend his approval either ex officio or at the request of the judge of the application of the penalties or the prosecutor of the Republic
Art. D.N.C. 584. -Each year, the Director of the Prison and Probation Service transmits an activity report to the Regional Director, Head of the Overseas Prison Service Mission, to the President of the Court of First Instance and to the Prosecutor of the Republic near the said court as well as the sentencing judge.
" Art. D.N.C. 585. -None.
" Art. D.N.C. 586. -The arrangements for the financial and accounting operation of the prison service for insertion and probation shall be fixed by joint order of the Minister for Justice and
. Art. D.N.C. 587. -In the absence of the Head of Service, the Director of the Prison and Probation Service may delegate his signature to a social worker in the Prison and Probation Service to order the necessary current expenditure Operation of the service.
Sections D.N.C. 430, D.N.C. 431, D.N.C. 466 to D.N.C. 471, D.N.C. 485 and D.N.C. 486 and articles D.N.C. 588 to D.N.C. 596 are repealed.
The provisions of this Order will take effect upon publication of the Order The Minister of Justice establishing the Prisons of Insertion and Probation Service.
On that date, the Prison and Probation Service will be substituted for the socio-educational service of the camp-est and the Probation Committee and Assistance to the released. The prison staff of these services will carry out their duties in the Prison for Insertion and Probation Service under conditions laid down by order.
The Minister of Justice, the Minister of Justice, the Minister of Public Service and the Minister for Overseas shall be responsible for The execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 27 April 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister of the Public Service
and state reform,
Renaud Dutreil
The Minister for Overseas,
Brigitte Girardin
