Decree No. 2005-392 Of 27 April 2005 Amending The Code Of Criminal Procedure Third Part: Decrees) Applicable In French Polynesia And On The Insertion And Probation Prison Service

Original Language Title: Décret n° 2005-392 du 27 avril 2005 modifiant le code de procédure pénale (troisième partie : Décrets) applicable en Polynésie française et relatif au service pénitentiaire d'insertion et de probation

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Text Information

Abstract

Application of Art. 186 (II) and 207 of the Act 2004-204.

Keywords

JUSTICE, STATE PUBLIC SERVICE, DECONCENTRE SERVICE, PENITENTIARY ESTABLISHMENT, PRISON, LIST, EXTENSION, OVERSEAS, FRENCH POLYNESIA , PENITENTIARY SERVICE OF INSERTION AND PROBATION, ORGANIZATION, MISSION, CODE OF PROCEDURE



JORF n ° 100 of April 29, 2005 page 7438
text n ° 20



Decree n ° 2005-392 of 27 April 2005 amending the code of Criminal procedure (third part: Decrees) applicable in French Polynesia and relating to the insertion and probation service

NOR: JUSK0540044D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/4/27/JUSK0540044D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/4/27/2005-392/jo/texte


The Prime Minister,
On the report of the Seals, Minister of Justice, and the Overseas Minister,
Given the Penal Code;
Given the Code of Criminal Procedure;
Law No. 2004-192 of 27 February 2004 on the status of autonomy of French Polynesia;
In view of Act No. 2004-193 of 27 February 2004 supplementing the Statute of Autonomy of French Polynesia;
In view of Law No. 83-520 of 27 June 1983 making the Code of Criminal Procedure applicable And certain legislative provisions in the overseas territories;
Having regard to Order No. 2003-901 of 19 September 2003 on the integration into the civil service of the State of the agents of the territory of French Polynesia affected in the Prison services;
In light of Decree No. 84-577 of 6 July 1984, as amended, making the third part of the Code of Criminal Procedure applicable in the Overseas Territories;
In view of Decree No. 93-547 of 26 March 1993 on special status The heads of the medical services of the external services of the prison administration and the judicial protection of youth and amending Decree No 90-230 of 14 March 1990 on the special status of nurses in services Outside the prison administration and the judicial protection of youth;
Given Decree No. 99-669 of 2 August 1999 on the special status of the technical staff of the decentralised services of the prison administration;
Having regard to Decree No. 99-670 of 2 August 1999 concerning the employment status of the Director of the Prison and Probation Services, as amended by Decree No. 2002-402 of 20 March 2002;
Having regard to Decree No. 2001-529 of 18 June 2001 on conditions Access to jobs for the management of the decentralised services of the State;
Given the decree n ° 2002-725 of 30 April 2002 on the employment status of regional director and functional director;
Seeing the referral to the government of Polynesia French as of September 13, 2004,
Describes:

Article 1


In the applicable Code of Criminal Procedure In the territories of New Caledonia, French Polynesia and the Wallis and Futuna Islands (third part: Decrees) by Decree No. 84-577 of 6 July 1984, the book V ter entitled " Enforcement procedures applicable in the territory of French Polynesia " Is amended under the conditions set out in this Order.

Article 2


Section D.P. 49 reads as follows:
" Art. D.P. 49. -The prison service in French Polynesia is composed of three prisons and one prison service for insertion and probation:
" (a) The Faaa prison, headed by a director of the decentralised services of the prison administration;
(b) The Taiohae stop-house, headed by a senior supervisory staff, referred to in this title by the expression " head of establishment;
(c) The Uturoa stop-house, headed by a senior supervisory staff, referred to in this title by the expression " head of establishment;
(d) The Prison for Insertion and Probation Service, headed by a Director of the Prisons and Probation Services
. The prison facilities in Taiohae and Uturoa are under the responsibility of the director of the Faaa penitentiary centre, designated in this title by the expression " the director of prisons in Polynesia French.
" Each penitentiary institution has a register of nut placed under the responsibility of the head of establishment. "

Article 3


A section D.P. 81, after the word:" Polynesia "is added the word:" French " And the words: " Insertion and probation service " Are replaced by the words: " Insert and probation service ".

Article 4


Article D.P. 94 is thus reinstated:
" Art. D.P. 94. -Inmate care shall be taken, upon arrival, by the Head of Institution and the various staff referred to in Article D. 285, in particular by the members of the Prisons for Insertion and Probation
. On this occasion, the convicted persons shall be informed of the rules of procedure of the establishment and of the execution of their sentence, the terms of which shall be examined with them
The period of reception and observation, during which prisoners may be placed in solitary confinement, may not exceed 15 days. "

Article 5


Section D.P. 162 is amended as follows:
I.-In the first paragraph, the words:" To the insertion and probation service." Are replaced by the words: " Members of the Prisons of Insertion and Probation Service. ".
II. -In the second paragraph, the reference to Article D.P. 462 is replaced by the reference to Article D.P. 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 French Polynesia, 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. "

Article 6


Article D.P. 180 is amended as follows:
I.-In the seventh paragraph, the words: Territorial assembly " Are replaced by the words: " Assembly of French Polynesia ".
II. -In the ninth paragraph, the words: Territorial Labour Party " Are replaced with the words: " Responsible for the labour and labour services of French Polynesia ".
III. -In the thirteenth paragraph, the words: Social service of the territory " Are replaced by the words: " Social action service of French Polynesia ".
IV. -In the seventeenth paragraph, after the word: " Polynesia "is added the word:" French " And the words: " Members of medico-social services " Are replaced by the words: " Social workers in the prison service of insertion and probation ".
V.-In the last paragraph, the word ' Attends " Is replaced by the words: " Can assist ".

Article 7


Section D.P. 193 is modified as follows:
I.-In the first paragraph, the words:" And the territories of French Polynesia and New Caledonia " Are replaced by the words: " New Caledonia and French Polynesia ".
II. -The second paragraph of Article D. 193 is repealed.

Article 8


Article D.P. 196 reads as follows:
" Art. D.P. 196. -To ensure its operation, the prison service of French Polynesia has the following categories of personnel:
" 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: corps of prison heads, 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 prisons for insertion and
. 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
. 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 prison service of French Polynesia.
" 6 ° Officials of other statutes and contract agents. "

Item 9


A D.P. 196-1 is created as follows:
" Art. D.P. 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. "

Article 10


Article D.P. 197 is worded as follows:
" Art. D.P. 197. -The composition of the staff of the prison service of French Polynesia is determined by the Minister of Justice, in accordance with the texts establishing the recruitment and duties of officials, employees and administrative officers Prison. "

Article 11


Article D.P. 198 reads as follows:
" Art. D.P. 198. -The officers referred to in article D.P. 196 (1 °) shall carry out the functions defined by the special status of officials of the decentralised services of the prison administration and by the texts relating to the organisation and management of the services of the Penitentiary administration.
" The agents referred to in Article D.P. 196 (2 °, 3 °, 4 °, 5 ° and 6 °) shall carry out their duties under the conditions and under the special obligations resulting from the laws and regulations governing the public prison service. "

Item 12


In section D.P. 216, a second paragraph is added 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. "

Article 13


The second paragraph of article D.P. 219 reads as follows:
" They shall refrain from any act, statement or writing which would impair the safety and good order of the institutions and shall carry out their duties under such conditions as they cannot For a preliminary ruling on the proper procedure of judicial proceedings. "

Article 14


Section D.P. 255 is amended as follows:
I.-In the first paragraph, the word" Prison " Is replaced by the words: " Prison establishment ".
II. -The second paragraph reads as follows:
" The rules of procedure shall be established by the head of establishment in consultation with the director of the penitentiary establishments in French Polynesia and in liaison with the prison service of insertion and probation for the fields Subject to the competence of this 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. "

Article 15


Section D.P. 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 Article D. 436. "

Article 16


Section D.P. 362 is modified as follows:
I. In the second paragraph, the words:" "Territory" Are replaced by the words: " Of French Polynesia ".
II. -A third paragraph shall be 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. "

Article 17


In the fifth paragraph of article D.P. 401, the words:" Insertion and probation service " Are replaced by the words: " Prison for insertion and probation, in liaison with locally competent child and family services.

Article 18


In the third paragraph of article D.P. 427, the words " The social worker " Are deleted.

Article 19


In the second paragraph of article D.P. 429, the words: " Insertion and probation service " Are replaced by the words: " Prison for insertion and probation service ".

Article 20


The title of Section II of Chapter X of Title II is thus Written:


"Section II



" From socio-cultural action "

Article 21


In Section II of Chapter X of Title II, it is created, before section D.P. 440, a paragraph 1, entitled:
" § 1. Socio-cultural activities. "

Article 22


Article D.P. 440 is worded as follows:
" Art. D.P. 440. -Socio-cultural activities are organised in each 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. "

Article 23


It is created, after item D.P. 440, a paragraph 2 thus written:
" 2. Cultural action. "
" Art. D.P. 441. -Cultural programming, resulting from the widest representation of the cultural sectors, is implemented in every penitentiary
. The goal of this program is to develop the means of expression and knowledge of
. Art. D.P. 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.P. 441-2. -Each 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. "

Article 24


It is created, after item D.P. 441-2, a paragraph 3 so called:
3. Sociocultural and sports association. "

Article 25


Article D.P. 442 reads as follows:
" Art. D.P. 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. "

Article 26


It is created, after item D.P. 442, a paragraph 4 thus written:
" § 4. Inmates' access to cultural and socio-cultural activities. "

Article 27


Articles D.P. 443 to D.P. 445 read as follows:
" Art. D.P. 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.P. 444. -Inmates may obtain through the administration, newspapers, periodicals and books written in French or in a local language as well as foreign books of their choice which have not been seized In the last three months.
" However, publications containing specific threats to the security of persons or those of penal institutions may, at the request of the Director of prisons in French Polynesia, be retained on Decision of 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.P. 444-1. -The release of the writings of an inmate for publication or disclosure, in any form, shall be authorized by decision of the Regional Director, Head of the Overseas Corrections 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, in addition, 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.P. 445. -The dissemination, outside the premises of a penitentiary institution, of an audiovideogram carried out in the context of the insertion actions is subject to the authorisation of the Minister of Justice or the Regional Director, Head of the Services Mission Of the overseas prison, depending on whether it has a national or territorial dimension. "

Article 28


Section D.P. 446 is amended as follows:
I.-In the first paragraph, after the word:" Polynesia " Is added the word: "
".
II. -In the second and third paragraphs of article D.P. 446, the words: Insertion and probation service " Are replaced by the words: " Insertion and Probation Service ".

Article 29


Section IV of Chapter X of Title II is deleted.

Article 30


Section V of Chapter X of Title II becomes Section VII.

Item 31


Section V of Chapter X of Title II reads:


"Section V



" From Work Order Socio-educational



" Art. D.P. 460. -The mission of the Prison Service for Insertion and Probation is to participate in the prevention of the de-socializing effects of imprisonment on prisoners, to promote the maintenance of social links, 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.P. 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.P. 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.P. 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.P. 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.P. 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
. The letters sent by the prisoners to other social workers may be transmitted under sealed cover, under the supervision of the prison service of insertion and probation. "

Article 32


After section V of Chapter X of Title II, a section VI so worded is created:


" Section VI



"Prison visitors


" Art. D.P. 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.P. 473. -Prison visitors shall be approved for a renewable period of two years for the purpose of access to the prisoners of one or more specified
. 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.P. 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.P. 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.P. 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.P. 477. -Visitors may correspond with the detained persons under open cover and without prior authorization. "

Article 33


Section D.P. 478 is worded as follows:
" Art. D.P. 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. "

Article 34


Paragraph 1 of Section VII of Chapter X of Title II reads as follows:
" Notification to inmates at release time. "

Article 35


The second paragraph of article D.P. 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. "

Article 36


Article D.P. 482 reads as follows:
" Art. D.P. 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. "

Article 37


A section D.P. 483, the words:" The Prison Service " Are replaced by the words: " The penitentiary institution ".

Article 38


In the first paragraph of article D.P. 530, the word" Reclassification " Is replaced by the word: " Reintegration ".

Article 39


The first paragraph of Article D.P. 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. "

Article 40


Section D.P. 532 is modified as follows:
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 41


Section D.P. 533 is modified as follows:
I.-At 2 °, the words:" The designated probation officer " Are replaced by the words: " The social worker of the Prison and Probation Service ".
II. -At 3 °, the words: " The probation officer " 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. "
IV. -The 5 ° is deleted.

Article 42


Section D.P. 534 is thus amended:
I.-In the first paragraph of article D.P. 534, the words : " The High Commissioner of the Republic, if the chosen residence is located on the territory, or the prefect of department in other cases " Are replaced by the words: " The public prosecutor of that jurisdiction ".
II. -In the second paragraph, the word " Exceeds " Is replaced by the word: " Would exceed ".

Item 43


Section D.P. 535 is amended as follows:
I.-In the second paragraph, after the words:" ", are added the words:" Or placement outside unattended ".
II. -The third and fourth paragraphs become the fourth and fifth paragraphs
. -The third paragraph reads as follows:
" 2 ° Return all or part of its nominal account to the Prison for Insertion and Probation Service, to be charged for the said refund service by fractions. "

Article 44


Chapters IV and V of Title III become Chapters V and VI respectively.

Article 45


In Chapter V of Title III, after item D.P. 541, an article D.P. 542 reads as follows:
" Art. D.P. 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. "

Article 46


Article D.P. 544 reads as follows:
" Art. D.P. 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. "

Article 47


Title IV: From Constraint by Body " Becomes Title VI.

Article 48


After Title VI it is created a Title VII written as follows:


" TITLE VII



"OF STAY PROHIBITION


" Art. D.P. 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 person is residing. 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.P. 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.P. 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.P. 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 residence. 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. "

Item 49


Title XI reads as follows:


" TITLE XI



"
PENITENTIARY SERVICE AND PROBATION




" Chapter I



" Service Missions Insert and probationary


" Art. D.P. 572. -A prison service for insertion and probation shall be established to carry out the tasks provided for in Articles D.P. 573 to D.P. 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.P. 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 shall, in particular, ensure that persons released from the continuity of integration proceedings instituted under the provisions of articles D.P. 441-1, D.P. 457 and D.P. 459.
" It may also provide material assistance to persons entrusted to it by the judicial authorities.
" Art. D.P. 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.P. 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.P. 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.P. 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.P. 578. -The Sentence Judge and the Director of the Prisons and Probation Service visit each year the various shelters or shelters for the persons referred to in Articles D.P. 544 and D.P. 574.


"Chapter III



" Organization and operation
of the Insert and Probation Service


" Art. D.P. 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.P. 580. -Within the service, a file shall be kept for each person subject to a measure referred to in Article D. 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.P. 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.
" Within the framework of the implementation of the measures referred to in Article D.P. 574, members of the prison service of insertion and probation shall not object to the judicial authorities, except for information collected by means of a Confidences to those supported.
" Art. D.P. 582. -The Prison for 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.P. 544 and D.P. 574.
" Art. D.P. 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.P. 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.P. 585. -None.
" Art. D.P. 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.P. 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.

Item 50


The sections D.P. 430 to D.P. 431, D.P. 466 to D.P. 471, D.P. 485, D.P. 486 and D.P. 588 to D.P. 598 are repealed.

Article 51


The provisions of this Order shall take effect from the publication of the Order of the Minister of Justice Creation of the prison service for insertion and probation.
On that date, the prison service for insertion and probation will replace the service of insertion and probation. The prison staff of this service will carry out their duties in the Prison for Insertion and Probation Service under conditions laid down by decree.

Article 52


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


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