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Decree Of 26 September 2006 On The Terms Of Organization, The Program And The Nature Of The Examination For The Recruitment Of Prison Lieutenant

Original Language Title: Arrêté du 26 septembre 2006 relatif aux modalités d'organisation, au programme et à la nature des épreuves des concours pour le recrutement de lieutenants pénitentiaires

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Keywords

JUSTICE , PUBLIC FUNCTION , DECONCENTRE SERVICE , PENITENTIARY ADMINISTRATION , PENITENTIARY LIEUTENANT , RECRUTEMENT , CONCOURS , EXTERNAL CONCOURS , INTERNAL CONCOURS , PROGRAMME POSITION, EPREUVE , CANDIDAT ,

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JORF No. 253 of 31 October 2006 page 0
text No. 16



Judgment of September 26, 2006 on the terms and conditions of organization, the program and the nature of the examinations for the recruitment of lieutenants

NOR: JUSK0640198A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/9/26/JUSK0640198A/jo/texte


The Seal Guard, Minister of Justice, and the Minister of Public Service,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
In light of amended Order No. 58-696 of 6 August 1958 relating to the special status of officials of the external services of the prison administration;
Having regard to amended Decree No. 66-874 of 21 November 1966 concerning the special status of personnel of the external services of the prison administration;
Having regard to amended Decree No. 82-886 of 15 October 1982 implementing Article 18 bis of the Ordinance of 4 February 1959 relating to the general status of public servants;
In view of Decree No. 2004-1105 of 19 October 2004 on the opening of recruitment procedures in the public service of the State, in particular Articles 19 and 26 of the State;
In view of Decree No. 2006-441 of 14 April 2006 on the special status of the prison supervisory staff, including articles 23 and 24;
In view of the September 26, 2006 decision on the conditions of physical fitness for admission to the corps of command and to the supervision and enforcement of the surveillance personnel of the prison administration,
Stop:

Article 1


The external and internal competitions provided for in Article 23 of the decree of April 14, 2006 referred to above for the recruitment of lieutenants in prison are open by order of the seals, Minister of Justice, in accordance with the provisions of the decree of October 19, 2004 referred to above. The order sets out the number of positions available to candidates.

Article 2


These contests are open to candidates meeting the conditions set out in article 23 of the decree of 14 April 2006 referred to above.

Article 3


The list of candidates authorized to compete in these contests is stopped by the seal guard, Minister of Justice.

Article 4


Both competitions include written examinations of eligibility and oral or practical admission examinations rated from 0 to 20.
The programme of tests is annexed to this Order.

Article 5


Both competitions have two separate written proofs of eligibility for which any rating less than 5 out of 20 is eliminated.
The eligibility tests are as follows:
External competition:
First test (duration: four hours); coefficient 3): dissertation on a subject using general knowledge.
Internal competition:
First test (duration: four hours); coefficient 3): drafting of a summary note from documents provided.
Second round of the two competitions consisting of a written composition bearing the choice of candidates on one of the following subjects (duration: three hours; coefficient 3)
Administrative law;
Criminal law and criminal procedure;
Prison regulations;
The programme is set out in the annex to the present decision.
At the time of registration, candidates indicate the material chosen for the second test. This choice is final and cannot be changed.

Article 6


Only candidates who have obtained a total of at least 60 points for all written examinations may participate in the admission tests. This total number of points is determined by the jury, which lists eligible candidates, after equalization, if applicable.
Admission tests include three mandatory tests and one optional test.


Mandatory tests


1. A personality interview on the candidate's ability to serve as a prison lieutenant (maximum duration: 30 minutes; coefficient 5).
This interview is conducted by the jury, excluding the psychologist.
The candidate is subjected, prior to personality maintenance, to psychotechnical tests followed by a psychological examination performed exclusively by a psychologist.

The jury, including the psychologist, relies on both psychological tests and maintenance to assess the candidate's ability to perform the duties of lieutenant penitentiary and assigns him a rating from 0 to 20.
Any rating below 10 of 20 is eliminated.
2. An interview having as a starting point a document on the problems of the contemporary world (preparation: fifteen minutes; duration: fifteen minutes; coefficient 3).
3. A series of physical tests recorded on 20 (coefficient 1) whose nature and terms are set out in the annex to this Order.


Optional test


An oral foreign language test consisting of translation into French and without a dictionary, except for Arabic, of a written text, followed by a conversation in the chosen language.
The foreign languages allowed are: German, English, Arabic, Spanish and Italian.
For this test, only the points above the average are taken into account (coefficient 1). The duration of translation and conversation are ten minutes each.
At the time of registration, candidates indicate the language in which they wish to compose. This choice is final and cannot be changed.

Article 7


The jury, whose members are appointed by Seal Guard Order, Minister of Justice, includes:
- the director of the prison administration or his representative, president;
- two category staff A under the Ministry of Justice, including at least one director of penitentiary services;
- three members of the penitentiary corps, including at least one prison lieutenant;
- a psychologist or a psychiatrist not carrying out his professional activity with the criminal population.
In case of equal sharing of votes, the President's voice is preponderant.
The decision appointing the members of the jury may provide for the appointment of qualified examiners for the rating of certain trials.
The jury secretariat is provided by the recruitment office in the direction of the prison administration.

Article 8


The jury, for each competition, determines the list of candidates, in alphabetical order, admitted to taking part in the examinations. At the end of the admission examinations, the list of candidates admitted is decided, in order of merit, among the candidates who obtained, for all the eligibility and admission tests, a number of points fixed by the jury that cannot be less than 150 points.
If several candidates total the same number of points, the priority is given to the one who obtained the best grade at the first admission test and then, in the event of a new equality, to the one who obtained the best grade at the first eligibility test.
The jury shall, for each competition, establish a supplementary list with the names of the candidates he considers fit to be admitted to the competition.

Article 9


The Order of February 15, 2002 on the terms and conditions of organization, program and the nature of the examinations for the recruitment of heads of prison service is repealed.

Article 10


The director of the prison administration is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Annex


A N N E X E I
PROGRAMME OF THE PREUVE ADMISSIBILITY No. 2
Option #1: Administrative Law


(a) The administrative organization:
General concepts, decentralization, deconcentration, territorial frameworks of the administrative organization.
State administration: central administration, national jurisdiction services, decentralized services, the prefect.
Independent administrative authorities.
Territorial authorities: the region, department, municipality, special status communities, territorial groupings.
(b) Administrative justice:
The separation of administrative and judicial authorities, the conflict court.
Organization of administrative justice, the Council of State, administrative courts of appeal, administrative tribunals.
(c) The legal regulation of administrative activity:
Sources of administrative law.
The principle of legality, the control of legality, the hierarchy of norms.
Unilateral administrative acts, regulatory power.
Administration contracts.
Administrative responsibility.
The concept of public service, different types of public services and different modes of management.
The relationship between administration and users, the non-contentious administrative procedure.


Option 2: Criminal law and criminal procedure


Criminal law:
- constituent elements of the offence;
- classification of offences;
- classification and scale of penalties;
- causes of worsening and mitigating penalties;
- extinction of sentence;
Criminal procedure:
- criminal justice organization, criminal jurisdiction;
- public action and civil action;
- examining magistrate and examining board;
- judge of enforcement of sentences;
- remedies;
- procedure for fine-tuning.


Option #3: Prison regulations
A. - Administrative Organization


The organization of the Ministry of Justice.
The organisation of the prison administration.
Relations with external, judicial and administrative authorities.
Missions of different categories of staff.
General concepts on the economic and accounting management of penitentiary institutions.
Mixed management institutions.


B. - Detention regimes


The classification of prisons.
The different categories of inmates.
The various detention regimes.


C. - The individualization of the execution of the sentence


Judicial Registry: Detention Title, Lock, Records, Enforcement of Penalties.
The orientation and allocation of convicts.
The role of the judge of the enforcement of sentences and the enforcement of penalties.


D. - Safety


The security of penitentiary institutions: means, situations, role of staff.
Disciplinary action.
Isolation measures.
The rules of procedure.


E. - The integration policy


Preparation actions for insertion and exit.
Prison work and vocational training.
Maintenance of family relations: visit, correspondence, telephone...
External stakeholders, visitors and chaplains.
Medical and health care.


F. - European Prison Rules


Note on European prison rules.


A N N E X E I
PHYSICAL REQUIREMENTS FOR RECRUITMENT CONCOURS
DE LIEUTENANTS PÉNITENTIAIRES


The physical tests of the examinations for the recruitment of lieutenants in prison include:
For men:
- a speed race of 80 meters;
- a half-ground race of 1,000 meters;
- a weight throw of 5 kilograms.
For women:
- a speed race of 60 meters;
- a half-ground race of 400 meters;
- a weight throw of 3 kilograms.
Candidates may only be subjected to physical admission tests on the day of the tests of a certificate issued by a certified doctor certifying that they are capable of taking these tests.
Pregnant candidates as well as those from birth receiving the post-natal legal period and breastfeeding women beyond the post-natal legal period are exempted from physical testing. They must be in possession of a medical certificate from a registered physician establishing their condition. They are credited with a rating equal to the average of the scores obtained by all candidates in the contest in which they participate.
If a candidate, as a result of an injury that occurred during one of the physical tests, cannot complete the physical test, the candidate shall be assigned the lump sum rating set out in Appendix III to this Order.
Any absence of sporting events not justified by a medical certificate of temporary incapacity to the sport practice established by a registered doctor is eliminated. As soon as a medical certificate is provided, the candidates are credited with a grade equal to the average of the grades obtained by all the contestants in which they participate.
In the event of successful completion of the competition and prior to appointment, candidates who have been awarded a medical certificate of fitness for sport will be subject to a medical visit attesting to their ability to resume physical and sport activities.


A N N E X E I I
BARÈMES MODALITIES


Physical tests shall be carried out taking into account the following indications:
Weight launch (3 tests):
Men: weight of 5 kilograms;
Women: weight of 3 kilograms.
Half ground:
Men: 1,000 meters;
Women: 400 metres.
Speed (individual race, 1 single test):
Men: 80 meters;
Women: 60 meters.
The scales for the three tests are 4 in 4 points. Each of these points corresponds to 0.25 point for the calculation of the average over 20.
In case of force majeure caused by weather and jeopardizing the safety of candidates, the jury will have the opportunity to cancel one of the trials or all of them.
In the event that the jury should cancel one of the tests and in order to be able to always use the rating table, a lump-sum rating will be awarded to the candidates for the deleted test as follows:
Candidates:
- 30-year-old candidates: 26 points.
Candidates of + 30 years: 25 points.
Candidates Prison Lieutenants:
Candidates - 30 years : 19 points.
Candidates of + 30 years: 18 points.
In the event that the jury should cancel all the trials, all candidates must be reconvened in the shortest time.
If a candidate, because of an injury that occurred during one of the physical tests, cannot complete the entire test, he or she is assigned the following lump sum mark.
Candidates:
- 30-year-old candidates: 26 points.
Candidates of + 30 years: 25 points.
Candidates Prison Lieutenants:
Candidates - 30 years : 19 points.
Candidates of + 30 years: 18 points.


A N N E X E I V
PHYSICAL REFERENCES
Men


You can see the table in the OJ
n° 253 of 31/10/2006 text number 16




Women


You can see the table in the OJ
n° 253 of 31/10/2006 text number 16


Done in Paris, September 26, 2006.


The Seal Guard, Minister of Justice,

For the Minister and by delegation:

Deputy Director of Human Resources

and social relations,

A. Triolle

The Minister of Public Service,

For the Minister and by delegation:

By preventing the Director General

Administration and Public Service:

The civil administrator,

P. Coural




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