Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2009-593 DC of 19 November 2009 ;
The President of the Republic enacts the following legislation:
The enforcement regime of the deprivation of liberty reconciles the protection of society, the punishment of the convicted person and the interests of the victim with the need to prepare for the insertion or reintegration of the detained person in order to enable him to lead a responsible life and to prevent the commission of new offences.
The prison public service participates in the execution of criminal decisions. It contributes to the insertion or reintegration of persons entrusted to it by the judicial authority, the prevention of recidivism and public security in accordance with the interests of society, the rights of victims and the rights of detained persons. It is organized in such a way as to ensure the individualization and punishment of convicted persons.
The public penitentiary service is provided by the prison administration under the authority of the Seal Guard, Minister of Justice, with the assistance of other State departments, territorial authorities, associations and other public or private individuals.
The functions of the prison administration, supervision and transplantation are performed. The other functions may be entrusted to persons of public or private law who have an enabling status under conditions defined by decree in the Council of State.
The Comptroller General of places of deprivation of liberty monitors the conditions for the care and transfer of persons deprived of their liberty entrusted to the prison administration in order to ensure respect for their fundamental rights.
The ability to control and retain the correspondence provided for in section 40 does not apply to correspondence between the Comptroller General of Places of Deprivation of Liberty and persons detained.
An assessment board is established with each penitentiary institution to assess the operating conditions of the facility and to propose, where appropriate, any measures to improve them.
The composition and modalities of the council are determined by decree.
In order to allow detainees to benefit from the provisions of Act No. 73-6 of 3 January 1973 The Ombudsman of the Republic appoints one or more delegates to the mission for each penitentiary institution.
A decree determines the conditions under which an independent observatory, responsible for collecting and analyzing statistical data relating to offences, enforcement of court decisions in criminal matters, recidivism and reiteration, establishes an annual and public report with rates of recidivism and reiteration based on the categories of offence and the penalties imposed and enforced, as well as an estimate of these rates by institution for penalties. It also includes the rate of suicide by prison. This report provides an assessment of the actions taken in penitentiary institutions to prevent recurrence and reiteration, promote reintegration and prevent suicide.
The conditions under which representatives of the local authorities and representatives of associations and other public or private individuals may participate in the bodies responsible for the evaluation of the functioning of penitentiary institutions and the monitoring of prison policies are set by decree.
The State may, on an experimental basis, for a maximum of three years from 1 January following the publication of this Act, entrust by convention to the regions or the territorial community of Corsica, upon their request, the organization and financing of the ongoing professional training of persons held in a penitentiary establishment located in their territory.
Six months before the end of the period provided for in the first paragraph, the Government shall report to Parliament on the implementation of this experiment.
The first president of the Court of Appeal, the Attorney General, the President of the Board of Investigation, the President of the High Court, the Attorney General of the Republic, the Judge of Freedoms and Detention, the examining magistrate, the judge of enforcement of the sentences and the judge of the children visit at least once a year every penitentiary institution located in their territorial jurisdiction.
The penitentiary administration includes senior management, supervisory personnel, insertion and probation personnel and administrative and technical personnel.
A Code of Ethics of the Public Service Penitentiary, established by decree in the Council of State, sets out the rules to be followed by these officers as well as officials of persons of public or private law authorized under the second paragraph of Article 3.
The same decree sets out the conditions under which officers of the prison administration sworn and the contents of this oath.
The surveillance personnel of the prison administration are, under the authority of management personnel, one of the forces available to the State to ensure internal security.
As part of their security mission, they ensure respect for the physical integrity of persons deprived of their liberty and participate in the individualization of their sentence and their reintegration.
They shall use force, if any, by making use of a firearm, only in the case of self-defence, attempted escape or resistance by violence or by physical inertia to the orders given. When they use it, they can only do it by limiting themselves to what is strictly necessary.
Personnel of the penitentiary services for insertion and probation are responsible for preparing and executing the decisions of the judicial authority concerning the insertion and probation of persons placed under the hands of justice, accused or convicted.
To this end, they implement the policies of insertion and prevention of recidivism, monitor or control persons placed in the hands of justice and prepare for the release of detained persons.
Personnel of the deconcentrated services of the penitentiary administration exercise their rights of expression and demonstration under the conditions provided for by their status.
Prison staff are required to undergo initial and ongoing training tailored to the nature and evolution of their missions.
They participate, at their request or in the administration, in the training or development activities provided by the National School of Penitentiary Administration, the decentralized services or any other public or private training agency.
I. ― The protection of the State of which public officials of the prison administration benefit under section 11 of Act No. 83-634 of 13 July 1983, bearing the rights and obligations of civil servants, covers the harm they suffer on occasion or because of their duties.
It is extended to their children, their direct ascendants, their spouses, their spouses or to the persons to whom they are bound by a civil pact of solidarity when, because of the functions of these agents, they are victims of threats, violence, assault, insults, defamation or contempt.
II. ― In the first paragraph of section 112 of Act No. 2003-239 of 18 March 2003 for internal security, the words: "the officers of the services of the prison administration" are deleted.
A prison civil reserve is established to provide security-building missions under the Ministry of Justice, as well as personnel training, study or international cooperation missions. The prison civil reserve may also be responsible for assisting prison staff in the performance of their probation duties.
The reserve is exclusively made up of retired volunteers, from the bodies of the prison administration.
Reservists are subject to the Code of Ethics of the Public Prison Service.
An officer who has been disciplined for reasons incompatible with the exercise of the duties set out in the first paragraph may not volunteer to enter the civil reserve.
Agents referred to in section 17 may apply to the prison civil reserve within five years of the end of their relationship with the service.
Volunteers must meet conditions of fitness set by decree. Those whose application has been accepted agree to a contractual commitment of a minimum term of one year renewable. They support the Department of Justice services within one hundred and fifty days a year.
The officers referred to in Article 17 shall participate, at their request or in the administration, in the training or development activities carried out by the National School of Prison Administration, the decentralized services or any other public or private training body.
The reservist performing employee duties who perform the duties set out in section 17 under the civil prison reserve during his or her working time must obtain, where their duration exceeds ten working days per calendar year, the agreement of his or her employer, subject to more favourable provisions resulting from the labour contract, collective labour agreements or agreements, or agreements between the employer and the Minister of Justice.
A decree determines the conditions for the application of this article. In particular, the employer shall notify the employee of his or her refusal and the employee shall inform the prison administration of his or her refusal to do so.
The periods of employment of the reservists are compensated under conditions established by decree.
In the event that the reservist carries on an employee activity, his or her employment contract is suspended during the period in which he or she carries out missions under the prison civil reserve. However, this period is considered to be an effective working period for the legal and conventional benefits of seniority, advancement, paid leave and social benefits.
No termination or professional decommissioning, no disciplinary penalty may be imposed against a reservist because of the absences resulting from this section.
During the period of activity on the reserve, the person concerned shall, for himself and his or her eligible persons, benefit from health insurance, maternity, disability and death under the conditions provided for in theArticle L. 161-8 of the Social Security Codeof the social security system which he reports outside his service in the reserve.
The prison administration ensures that every person in custody respects his or her dignity and rights. The exercise of these may not be subject to any restrictions other than those resulting from the constraints inherent in detention, the maintenance of security and good order of institutions, the prevention of recidivism and the protection of the interests of victims. These restrictions take into account the age, health, disability and personality of the detained person.
Upon admission to a penitentiary institution, the detained person is orally informed, in a language understandable by the detained person, and by the handover of a guestbook, of the provisions relating to his or her detention regime, his or her rights and obligations, and the remedies and requests that he or she may file. The rules applicable to the institution are also brought to his knowledge and are made available to him for the duration of his detention.
Any detained person must be entitled to know his or her rights and to have a free legal consultation system in place at each institution.
Prisoners communicate freely with their lawyers.
Prisoners are entitled to freedom of opinion, conscience and religion. They may worship their choice, according to the conditions appropriate to the organization of the premises, without any other limitations than those imposed by the security and order of the establishment.
Any convicted person is required to perform at least one of the activities proposed by the Chief of Institution and the Director of the Correctional Service for insertion and probation as long as the purpose of the Correctional Service is to reintegrate the person concerned and is appropriate to his or her age, abilities, disability and personality.
When the convicted person does not master the basic teachings, the activity is by priority in learning reading, writing and calculating. When it does not master the French language, the activity is primarily in its learning. The organization of apprenticeships is developed when it carries out a work activity.
Subject to the maintenance of good order and security of establishments and as a derogatory, joint activities may be organized.
Subject to the maintenance of the proper order and security of the institution, detainees are consulted by the prison administration on the activities proposed to them.
Prisoners may elect domicile from the prison:
1° For the exercise of their civic rights, when they do not have a personal home. Before each election, the head of institution shall arrange with the competent administrative authority a procedure for the exercise of the vote by proxy;
2° To claim to the benefit of the rights mentioned to theArticle L. 121-1 of the Code of Social Action and Familieswhere they do not have an emergency home at the time of their incarceration or cannot justify it;
3° To facilitate their administrative processes.
Detainees whose resources are less than a prescribed amount receive assistance from the State in kind to improve their material conditions of existence. Such assistance may also be paid in cash under conditions provided by decree.
Article 717-3 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"The remuneration of the work of the detained persons cannot be less than an hourly rate established by decree and indexed to the minimum wage of growth defined in theArticle L. 3231-2 of the Labour Code. This rate may vary depending on the regime under which detained persons are employed. »
The participation of persons detained in professional activities organized in correctional institutions is the establishment of an act of engagement by the prison administration. This act, signed by the head of institution and the detainee, sets out the professional rights and obligations of the detainee and its working conditions and remuneration.
In particular, it specifies the terms and conditions under which the detained person, in the conditions appropriate to his or her situation and notwithstanding the absence of a labour contract, is entitled to the provisions relating to insertion by the economic activity provided for in the Articles L. 5132-1 to L. 5132-17 of the Labour Code.
As part of the application of this section, the head of institution shall ensure that appropriate measures are taken to ensure equal treatment in respect of access and maintenance of professional activity for persons with disabilities detained.
Accused persons whose investigation has been completed and awaiting their appearance before the court of judgment may be granted family reconciliation until they appear before the court of judgment.
The right of persons detained to maintain relations with their family members is exercised either by the visits they make to them, or by the convicts and their criminal situation authorizes them, by permission to leave the prisons. The defendants may be visited by members of their family or other persons, at least three times a week, and sentenced to them at least once a week.
The administrative authority may not refuse to issue a visiting permit to family members of a convicted person, suspend or withdraw that permit for reasons related to the maintenance of good order and security or the prevention of offences.
The administrative authority may also, on the same grounds, or if it appears that the visits impede the reintegration of the convicted person, refuse to issue a visiting permit to persons other than family members, suspend or remove the permit.
The permits to visit the defendants are issued by the judicial authority.
Decisions to refuse to issue a visiting permit are motivated.
Family life units or family parloirs located in penitentiary institutions can accommodate any detained person.
A detained person may, upon request, benefit from at least one quarterly visit to a family life unit or family parlour, the duration of which is fixed taking into account the distance of the visitor. For the accused, this right is exercised subject to the agreement of the competent judicial authority.
I. ― Article 515-3 of the Civil Code is amended as follows:
1° The first paragraph is supplemented by the words: "or, in the event of a serious impediment to the fixation of the latter, in the spring of which is the residence of one of the parties";
2° After the first preambular paragraph, a sub-item reads as follows:
"In the event of serious incapacity, the prosecutor of the Republic requires the clerk of the court of proceedings to carry himself to the home or residence of one of the parties to register the civil pact of solidarity. » ;
3° In the second paragraph, the word "they" is replaced by the words: "the persons who enter into a civil pact of solidarity";
4° In the last paragraph, the words "second and fourth" are replaced by the words "third and fifth".
II. ― At the first sentence of the first paragraph of Article 515-5 of the same code, the word "second" is replaced by the word "third".
III. ― In section 2499 of the same code, after the words: "the court of first instance" are inserted, the words: "the clerk of the court of proceedings" are replaced by the words: "the clerk of the court of first instance".
A convention between the penitentiary institution and the department defines the proposed social support to mothers detained with their children and provides a mechanism for the regular release of children outside the facility to enable their socialization.
Prisoners have the right to telephone their family members. They can be allowed to call other people to prepare for their reintegration. In all cases, the accused must obtain the authorization of the judicial authority.
Access to the telephone may be denied, suspended or withdrawn for reasons related to the maintenance of good order and security or the prevention of offences and, with respect to the defendants, the need for information.
Telephone communications control is performed in accordance with theArticle 727-1 of the Code of Criminal Procedure.
Convicted persons and, provided that the judicial authority does not object, the accused persons may correspond in writing with any person of their choice.
Mail sent or received by detained persons may be controlled and retained by the prison administration when this correspondence appears to seriously impair their reintegration or the maintenance of good order and security. In addition, the correspondence sent or received by the defendants is communicated to the judicial authority in accordance with the manner it determines.
The correspondence exchanged between the detained persons and their defence counsel, the French and international administrative and judicial authorities, the list of which is set by decree, and the registered chaplains to the institution.
When the prison administration decides to retain the mail of a detained person, it shall notify the prisoner of its decision.
Inmates must consent in writing to the dissemination or use of their image or voice when such diffusion or use is of a nature to allow their identification.
The prison administration may object to the dissemination or use of the image or voice of a convicted person, provided that such dissemination or use is of a nature to enable his or her identification and that this restriction is necessary for the protection of public order, the prevention of offences, the protection of the rights of victims or of third parties and the reintegration of the person concerned. For the accused, the dissemination and use of their image or voice are authorized by the judicial authority.
All detained persons are entitled to the confidentiality of their personal documents. These documents may be transferred to the office of the institution that makes them available to the person concerned. The documents referring to the reason for enclosure of the detained person are, upon arrival, obligatoryly entrusted to the Registry.
Prisoners have access to written and audio-visual publications. However, the administrative authority may prohibit the access of detained persons to publications containing serious threats to the security of persons and establishments or injurious or defamatory statements or signs against officials and employees of the public prison service and persons detained.
The penitentiary administration must ensure that each inmate is effectively protected from physical integrity in all collective and individual places.
Even in the absence of fault, the State is obliged to repair the damage resulting from the death of a detained person caused by violence committed in a prison by another detained person.
Any person who is a victim of an act of violence characterized by one or more inmates is subject to special supervision and detention. It has an individual seal.
When a detainee died, the prison administration immediately informs his family or relatives of the circumstances in which the death occurred and facilitates, at their request, the steps they may be required to engage.
The prison administration respects the right to medical secrecy of detained persons and the secrecy of the consultation, in accordance with third and fourth paragraphs of Article L. 6141-5 of the Public Health Code.
Care for the health of detained persons is provided by the public hospital service under the conditions provided by the Public Health Code.
Quality and continuity of care is guaranteed to persons held in conditions equivalent to those enjoyed by the entire population.
A protocol signed by the Director General of the Regional Health Agency, the Interregional Director of Penitentiary Services, the head of the penitentiary institution and the director of the relevant health care institution defines the conditions under which the intervention of health professionals who are called to intervene in prisons in an emergency, in order to ensure that those detained are given access to emergency care in conditions equivalent to those enjoyed by the entire population.
The psychological condition of detained persons is taken into account during their incarceration and during their detention. The prison administration promotes the coordination of the various stakeholders involved in health prevention and education.
It provides accommodation, access to hygiene, food and cohabitation for the prevention of physiological or psychological conditions.
Health care tailored to their needs must be provided to women in custody, whether they are accommodated in a women's neighbourhood or in a dedicated facility.
No request may be made to physicians and health care workers in prisons or an act that is unrelated to the care or health care of detained persons or medical expertise.
Have to hold a visiting permit allowing them to speak with detained persons, outside the presence of prison staff:
1° Volunteers working with end-of-life sick people, targeted toArticle L. 1110-11 of the Public Health Code ;
2° Major persons accompanying persons with minor illness, targeted toarticle L. 1111-5 of the same code ;
3° Trustees accompanying and assisting sick people, targeted to thearticle L. 1111-6 of the same code ;
4° People present during the consultation of information on the medical file of patients, referred to inarticle L. 1111-7 of the same code ;
5° Persons, referred to in the third paragraph of theArticle L. 2212-7 of the same codeaccompanying minor inmates on the occasion of a voluntary termination of pregnancy.
Any detained person in the disability situation provided by theArticle L. 1111-6-1 of the Public Health Code has the right to designate a caregiver of his or her choice. The penitentiary administration can oppose the choice of the caregiver by a specially motivated decision.
It is proposed to the detained person, during his or her incarceration, a health assessment of his or her consumption of narcotics, alcohol and tobacco products. This assessment, carried out as a preventive measure, for public health purposes and in the patient's interest, remains confidential.
Any childbirth or gynaecological examination must be carried out without hindrance and outside the presence of prison staff, in order to guarantee the right to respect the dignity of detained women.
A medical visit is offered to anyone convicted in the month prior to his release.
Within two years of the promulgation of this Act, a single electronic medical record shall be established for each detained person.
The second part of the article L. 1431-2 of the Public Health Code, in its drafting as a result of article 118 of Act No. 2009-879 of 21 July 2009 on hospital reform and on patients, health and territories, is supplemented by an i so written:
“(i) They assess and identify the health needs of detainees. They define and regulate the provision of care in prisons. »
After the 4th of Article L. 1434-9 of the Public Health Code, in its writing resulting from Article 118 of Law No. 2009-879 of 21 July 2009, it is inserted a 5th so written:
« 5° The objectives and means dedicated to the provision of care in a prison setting. »
The searches must be justified by the presumption of an offence or by the risks that the behaviour of detained persons causes to the security of persons and to the maintenance of the proper order in the establishment. Their nature and frequency are strictly adapted to these needs and to the personality of detained persons.
Full searches are only possible if excavations by palpation or the use of electronic detection means are insufficient.
Internal bodily investigations are prohibited, unless specifically motivated. They can then be carried out only by a doctor who does not practise in the penitentiary institution and required for this purpose by the judicial authority.
Surveillance cameras can be installed in collective spaces with a risk of harm to the physical integrity of individuals in correctional institutions. This faculty is an obligation for all penitentiary institutions whose opening is after the coming into force of this Act.
The prison administration ensures that detained minors respect the fundamental rights recognized to the child.
Minors detained, when they are not subject to school obligations, are required to attend an educational activity.
The modalities for the application of this chapter are set by decree in the Council of State.
Section 205 of Act No. 2004-204 of 9 March 2004 on the adaptation of justice to changes in crime is thus amended:
1° The first paragraph is as follows:
"A decree in the Council of State determines the conditions under which a national public institution of an administrative character may exercise, at the request of the guard of the seals, Minister of Justice, for the operations entrusted to it, under conditions provided for by convention, the mastery of a work of full exercise. » ;
2° The second paragraph is amended to read:
(a) At the beginning of the first sentence, the words: "The agency" are replaced by the words: "This institution";
(b) In the last sentence, the words: "the agency" are replaced by the words: "the establishment";
3° At the beginning of the last paragraph, the words "The Ministry of Justice's Office of Labour" are replaced by the words "The Institution".
Section 1 of Act No. 87-432 of 22 June 1987 on Public Prison Service is repealed.
The Criminal Code is amended in accordance with the provisions of this chapter.
Section 132-24 is supplemented by a paragraph as follows:
"In correctional matters, apart from convictions in legal recidivism pursuant to section 132-19-1, a suspended sentence of imprisonment may only be imposed as a last resort if the gravity of the offence and the personality of its perpetrator renders the sentence necessary and if any other sanction is manifestly inadequate; in this case, the sentence of imprisonment must, if the personality and situation of the convicted person permit, and unless there is material impossibility, make the penalty »
I. ― Section 132-25 is amended as follows:
1° The first paragraph is replaced by six subparagraphs as follows:
"When the court of judgment imposes a sentence equal to or less than two years' imprisonment, or, for a person in a state of lawful recidivism, a sentence equal to or less than one year's, it may decide that the sentence will be executed in whole or in part under the semi-liberty regime in respect of a convicted person who justifies:
« 1° Either the exercise of a professional activity, even temporary, of the follow-up of an internship or of its attendance at teaching, vocational training or in the search for a job;
« 2° Either his essential participation in the life of his family;
« 3° The need for medical treatment;
« 4° The existence of serious social rehabilitation efforts resulting from its sustainable involvement in any other project characterized by insertion or reintegration in order to prevent the risk of recidivism.
"These provisions are also applicable in the event of a sentence that is partially suspended or suspended, where the firm portion of the sentence is less than or equal to two years, or if the person is in a state of legal recidivism, less than or equal to one year. » ;
2° In the second paragraph, the words: "by the previous paragraph" are replaced by the words: "in previous paragraphs";
3° The last paragraph is deleted.
II. ― Section 132-26 is amended as follows:
1° In the first sentence of the first paragraph, after the word: "professional", the words are inserted: ", in search of a job" and the words: "or treatment" are replaced by the words: ", treatment or project of insertion or reintegration";
2° The second preambular paragraph reads as follows:
"The convicted person admitted to the outside placement shall, under the control of the administration, carry out activities outside the prison. »
III. ― Section 132-26-1 is amended as follows:
1° The first paragraph is replaced by six subparagraphs as follows:
"When the court of judgment imposes a sentence equal to or less than two years' imprisonment, or, for a person in a state of legal recidivism, a sentence equal to or less than one year's, it may decide that the sentence will be executed in whole or in part under the electronic supervision of the convicted person who justifies:
« 1° Either the exercise of a professional activity, even temporary, of the follow-up of an internship or of its attendance at teaching, vocational training or in the search for a job;
« 2° Either his essential participation in the life of his family;
« 3° The need for medical treatment;
« 4° The existence of serious social rehabilitation efforts resulting from its sustainable involvement in any other project characterized by insertion or reintegration in order to prevent the risk of recidivism.
"These provisions are also applicable in the event of a sentence that is partially suspended or suspended, where the firm portion of the sentence is less than or equal to two years, or if the person is in a state of legal recidivism, less than or equal to one year. » ;
2° The last sentence of the second paragraph is deleted.
IV. ― Section 132-27 is amended as follows:
1° The word "grave" is deleted;
2° The words: "one year" are replaced by the words: "two years, or, if the person is in a state of legal recidivism, equal to or less than one year";
3° The word "three" is replaced by the word "four".
In the first paragraph of section 131-8, the words "40 to two hundred ten" are replaced by the words "20 to two hundred ten".
The last sentence of the first paragraph of section 131-22 is replaced by two sentences as follows:
"This period is suspended during the time when the convicted person is assigned to residence with electronic supervision, is placed in pre-trial detention, is sentenced to deprivation of liberty or fulfils the obligations of the national service. However, work of general interest can be performed at the same time as house arrest with electronic surveillance, an outside placement, a semi-liberty or an electronic supervision. »
I. ― Section 132-54 is amended as follows:
1° The first paragraph is as follows:
"The court may, under the conditions and under the terms and conditions set out in sections 132-40 and 132-41, provide that the convict shall, for a period of twenty to two hundred and ten hours, perform unpaid work of general interest for the benefit of either a legal person of public law or a legal person of private law responsible for a public service mission or an association authorized to carry out work of general interest. » ;
2° The second preambular paragraph reads as follows:
"The court may also subject the convict to all or part of the obligations under section 132-45 for a period not exceeding eighteen months. The execution of the work of general interest before the end of this period does not put an end to these obligations. »
II. ― In the last paragraph of section 132-55, the word "Twelve" is replaced by the word "18".
III. ― Section 132-57 is amended as follows:
1° After the words: "the convict shall perform", the end of the first sentence is thus written: "for a period of twenty to two hundred and ten hours, a work of general interest not paid for either a legal person of public law or a legal person of private law charged with a public service mission or an association authorized to carry out work of general interest. » ;
2° Three subparagraphs are added:
"This section is applicable to sentences of imprisonment that have been the subject of a partial stay, whether or not accompanied by a probation, where the firm portion of the sentence is less than or equal to six months. In this case, the portion of the suspended sentence remains applicable.
"This section is also applicable to prison sentences of less than or equal to six months resulting from the revocation of a stay, whether or not accompanied by probation.
"In the event of partial execution of a work of general interest, the judge of the application of penalties may order the conversion of the non-executed party into fine days. »
The Code of Criminal Procedure is amended in accordance with the provisions of this chapter.
I. ― The title of chapter I, section 7, of Book I, title III, is read as follows: "Judicial control, house arrest and pre-trial detention."
II. ― Section 137 is read as follows:
"Art. 137.-Every person being examined, presumed innocent, remains free.
"However, because of the requirements of the investigation or as a security measure, it may be subject to one or more obligations of the judicial review or, if they are found to be insufficient, be assigned to residence with electronic surveillance.
"On an exceptional basis, if the obligations of judicial review or residential assignment with electronic surveillance do not allow for these objectives, it may be held in pre-trial detention. »
III. ― Sub-sections 2 and 3 of section 7 of chapter I of title III of Book I become sub-sections 3 and 4 respectively, section 143 becomes section 142-4 and, after that section 142-4, a sub-section 2 is reinstated as follows:
"Subsection 2
"From residential assignment with electronic surveillance
"Art. 142-5.-Residence summons with electronic surveillance may be ordered, with the agreement or at the request of the person concerned, by the examining magistrate or by the judge of freedoms and detention if the person under review is liable to a penalty of imprisonment of at least two years or to a more serious penalty.
"This measure obliges the person to remain in his or her home or in a residence established by the examining magistrate or the judge of freedoms and detention and to be absent only on the conditions and grounds determined by the judge.
"This obligation is carried out under the electronic supervision regime, using the procedure provided for in section 723-8. It may also be carried out under the mobile electronic surveillance regime, using the procedure provided for in section 763-12, if the person is being examined for an offence punishable by more than seven years' imprisonment and for which socio-judicial monitoring is being carried out. Sections 723-9 and 723-12 and, where applicable, sections 763-12 and 763-13 are applicable, the examining magistrate exercising the powers assigned to the judge of enforcement of sentences.
"The person may also be subject to the obligations and prohibitions provided for in section 138.
"Art. 142-6.-Residence summons with electronic surveillance shall be decided by a reasoned order of the examining magistrate or the judge of freedoms and detention, who shall rule after a conflicting debate in accordance with Article 145.
"It can also be decided, without conflicting debate, by order ruling on a request for release.
"Art. 142-7.-Residence assignment is ordered for a period not exceeding six months. It may be extended for the same period under the terms set out in the first paragraph of section 142-6, without the total duration of the placement exceeding two years.
"Art. 142-8.-The second paragraph of section 139 and sections 140 and 141-3 apply to residential assignment with electronic surveillance.
"A person who fails to comply with the obligations resulting from residential assignment with electronic surveillance may be subject to an arrest warrant or to bring and be held in pre-trial detention in accordance with section 141-2.
"Art. 142-9.-With the preliminary agreement of the examining magistrate, the hours of attendance at the home or in the places of assignment may, in the case of favourable amendments to the person under review not affecting the balance of the control measure, be amended by the head of correctional institution or the director of the penitentiary service of insertion and probation who informs the investigating judge.
"Art. 142-10.-In the event of a decision of non-placement, release or acquittal, the person placed under house arrest with electronic supervision shall be entitled to compensation for the damage suffered under the terms and conditions set out in sections 149 to 150.
"Art. 142-11.-Residence summons with electronic surveillance is equivalent to pre-trial detention for the full imputation of its duration on that of a custodial sentence, in accordance with Article 716-4.
"Art. 142-12.-The courts of investigation and judgment may, as an alternative measure to pre-trial detention, assign to residence with electronic supervision in cases provided for in Articles 135-2, 145, 148, 201, 221-3, 272-1, 397-3, 695-34 and 696-19.
"This measure may be lifted, maintained, amended or revoked by the courts of investigation and judgment in the same manner as the judicial review under sections 148-2, 148-6, 213, 272-1, 695-35, 695-36, 696-20 and 696-21.
"Art. 142-13.-A decree determines the terms and conditions for the application of this subsection. »
I. ― The first sentence of the last paragraph of Article 707 is as follows:
"For this purpose, the penalties are arranged before they are executed or are being executed if the personality and material, family and social situation of the convict or their evolution permit. »
II. ― Section 707 is supplemented by a paragraph as follows:
"In the event of the issuance of a warrant for filing or arrest, custodial sentences may be immediately arranged, under the conditions set out in this Code, without waiting for the conviction to be enforceable in accordance with this Article, subject to the suspensive right of appeal of the Public Prosecutor's Office under section 712-14. »
I. ― In section 498, the words: "Except in the case provided for in section 505" are replaced by the words: "Without prejudice to section 505".
II. ― Section 505 is read as follows:
"Art. 505.-In the event of a conviction, the Attorney General may also appeal within twenty days of the day of the decision.
"Without prejudice to the application of sections 498 to 500, the other parties then have a five-day time limit to appeal. Even in the absence of an incident appeal, the Court of Appeal may, in the event of an appeal filed by the only Attorney General under this section, impose a lesser penalty than that imposed by the Correctional Court. »
III. ―article 548is repealed.
IV. ― In the first paragraph of section 549, the reference: "506" is replaced by the reference: "505".
V. ― The second paragraph of Article 708 is supplemented by the words "anything its nature".
After the second paragraph of Article 712-6, it is inserted a paragraph as follows:
"The judge of enforcement of sentences may also, whenever he considers it necessary, decide, on his or her own motion or at the request of the convict or public prosecutor, to refer the judgment of the case to the court of enforcement of sentences. The judge who ordered the dismissal is a member of the court who decides in accordance with section 712-7. The decision to refer is a judicial administration measure that is not subject to appeal. »
Section 712-8 is amended as follows:
1° The word "third" is replaced by the word "fourth";
2° It is added a paragraph to read:
"However, for the enforcement of a measure of semi-liberality, placement on the outside or placement under electronic supervision or for the execution of permissions to leave, the judge of enforcement of sentences may, in his decision, authorize the head of institution or the director of the penitentiary service to insert and probation or, in the case of minors, the regional director of the judicial protection of the youth, to modify the hours of entry or It is promptly informed of the changes made and may cancel them by order not subject to appeal. »
In article 712-19, after the words "socio-judicial follow-up," the words "of judicial supervision" are inserted.
Section 712-21 is supplemented by a paragraph as follows:
"When dealing with violent or sexual offences referred to in Article 706-47, psychiatric expertise ordered prior to sentencing in accordance with this Article shall give special consideration to the risk of recidivism of the convicted person. »
Section 712-22 becomes section 712-23 and, after section 712-21, an article 712-22 is reinstated as follows:
"Art. 712-22.-When they decide on the granting of any of the measures provided for in sections 712-6 and 712-7, the courts of enforcement of penalties may in the same judgment, at the request of the convict, raise it in whole or in part, including with respect to the duration, of a prohibition arising out of full right of a criminal conviction or pronounced as a complementary agent, or
"This decision may also be taken by the judge of the application of the penalties, ruling in accordance with section 712-6, prior to the award of a penalty relief measure, in order to allow its subsequent pronouncement. It may be made by order unless the Public Prosecutor's Office is opposed.
"Under the same conditions, the courts of enforcement of sentences may also, in the cases provided for in the first two paragraphs, exclude from Bulletin No. 2 of the criminal record the convictions that hinder the proposed imposition of penalties. »
I. ― The first sentence of the first paragraph of Article 720-1 is amended as follows:
1° The words: "one year" are replaced by the words: "two years";
2° The word "grave" is deleted;
3° The word "three" is replaced by the word "four".
II. ― The second paragraph of Article 720-1-1 is supplemented by a sentence as follows:
"However, in the event of an emergency, when the vital prognosis is engaged, the suspension may be ordered on the basis of a medical certificate established by the doctor responsible for the health structure in which the detainee or his replacement is taken care. »
III. ― The second paragraph of section 712-23, as a result of section 78 of this Act, is supplemented by the words: "in the event of the issuance of the medical certificate referred to in the second sentence of the second paragraph of section 720-1-1".
Section 720-5 is amended as follows:
1° The first sentence is supplemented by the words "or placement under electronic surveillance";
2° The beginning of the second sentence is as follows:
"Semi-freedom or electronic supervision is ordered by the court... (the rest without change). »
I. ― The first paragraph of Article 723 is as follows:
"The convicted person admitted to the outside placement is, under the control of the administration, engaged in activities outside the prison. »
II. ― Section 723-1 is read as follows:
"Art. 723-1.-The judge of the application of sentences may provide that the penalty shall be imposed under the regime of semi-liberty or placement on the outside either in the event of a sentence of one or more custodial sentences of which the total duration does not exceed two years, or in the case of a sentence of deprivation of liberty which the total duration does not exceed two years. The period of two years provided for in this paragraph shall be reduced to one year if the convicted person is in a state of legal recidivism.
"The judge of enforcement of sentences may also subordinate the conditional release of the convicted person to the execution, on a probatory basis, of a measure of semi-liberation or placement outside, for a period not exceeding one year. The measure of semi-freeness or placement on the outside may be performed one year before the end of the test time provided for in section 729. »
III. ― The first paragraph of section 723-7 is replaced by two paragraphs as follows:
"The judge of enforcement of sentences may provide that the penalty will be enforced under the electronic supervision regime defined in section 132-26-1 of the Penal Code either in the event of a sentence of one or more custodial sentences of which the total duration does not exceed two years, or in the event that the convicted person has one or more custodial sentences of which the total duration does not exceed two years. The period of two years provided for in this paragraph shall be reduced to one year if the convicted person is in a state of legal recidivism.
"The sentencing judge may also subordinate the conditional release of the convicted person to the execution of an electronic surveillance measure on a probationary basis for a period not exceeding one year. The electronic surveillance placement measure may be carried out one year before the end of the test time provided for in section 729. »
IV. ― In section 723-11, the words "scheduled in the third paragraph of section 723-7" are deleted.
Section 729 is amended as follows:
1° The second sentence of the first paragraph is replaced by six subparagraphs as follows:
"Convicts with one or more custodial sentences may be released on parole if they demonstrate serious social rehabilitation efforts and when they justify:
« 1° Either the exercise of a professional activity, a temporary job or their attendance at education or vocational training;
« 2° Either their essential participation in the life of their family;
« 3° The need for medical treatment;
« 4° Either their efforts to compensate their victims;
« 5° Either their involvement in any other serious project of insertion or reintegration. » ;
2° It is added a paragraph to read:
"When the convicted person is over seventy years of age, the duration of the penalties provided for in this section is not applicable and conditional release may be granted as long as the insertion or reinsertion of the convicted person is ensured, in particular if he or she is the subject of a care adapted to his or her situation when he or she is released from the prison or if he or she justifies accommodation, except in the event of a serious risk of re-release of »
I. ― After the third paragraph of Article 730, it is inserted a paragraph as follows:
"For applications for parole in respect of persons sentenced to imprisonment of five years or more, or to a sentence of imprisonment, the civil party's lawyer may, if requested, attend the adversarial debate before the judge of enforcement of the sentences, the court of enforcement of the sentences or the court of appeal's enforcement of the sentences to make public notice of the appeal before the public prosecutors. »
II. – The last paragraph of sections 712-7 and 712-13 is deleted.
III. ― At the first sentence of the second paragraph of Article 712-13, the words: "in the first two paragraphs of" are replaced by the word "at".
I. ― Section 723-14 becomes section 723-13-1, and the title of chapter II, section VII, of Book V, and section 723-15, are replaced by the following provisions:
“Section VII
"Simplified sentencing procedures
"Art. 723-14. - Persons sentenced to short sentences of imprisonment, whether free or incarcerated, may be granted simplified procedures for the development of such sentences under the conditions and in accordance with the terms and conditions set out in sections 723-15 to 723-27.
"These procedures are not exclusive to the application of sections 712-4 and 712-6.
"A decree determines, as appropriate, the terms and conditions of application of this section.
“Paragraph 1
" Provisions applicable to free convicts
"Art. 723-15.-Non-incarcerated persons, sentenced to a sentence of less than or equal to two years' imprisonment, or for which the duration of the remaining detention is less than or equal to two years' imprisonment, or for which, in the event of cumulative convictions, the total of the sentences imposed or outstanding is less than or equal to two years' imprisonment shall, to the extent possible and if their personality and status permit, The period of two years provided for in this paragraph shall be reduced to one year if the convicted person is in a state of legal recidivism.
"Previously to enforce the sentence(s), the Public Prosecutor's Office shall inform the judge of the application of the sentence(s) of the decision(s) by giving it all the relevant documents, including a copy of the decision(s) and Bulletin No. 1 of the record of the person concerned.
"Unless he has already been notified of these summonses at the end of the judgment hearing pursuant to section 474 of this Code, the convict shall, unless the judge decides otherwise of the application of the sentences, summoned first before the judge of enforcement of the sentences, and then before the prison service of insertion and probation, in times which shall not be more than thirty and forty-five days in public order,
"Art. 723-15-1.-If, at the end of the summons, a measure of accommodation or the conversion of the sentence seems possible to it and if the person concerned agrees to it, the judge of the application of the sentences orders that measure or conversion in accordance with the terms set out in the first or second paragraphs of Article 712-6. If the judge does not have sufficient information to order this measure or conversion immediately, he or she may charge the penitentiary service to insert and probation to examine the procedure for the execution of the decision that he or she intends to make and, where appropriate, to submit another proposal for development or conversion, within two months of the referral. In the light of the reasoned report of the Prison Service for Inclusion and Probation, it may order the placement or conversion of the sentenced person's sentence in accordance with the terms set out in the first or second paragraphs of section 712-6.
"Art. 723-15-2.-If the convict does not wish to benefit from an adjustment or conversion of his sentence or if, in view of the reasoned report of the penitentiary service of insertion and probation, such accommodation or conversion does not seem possible to him, the judge of enforcement of the sentences may determine the date of imprisonment.
"In the absence of a decision by the judge of enforcement of sentences within four months of the communication of the copy of the decision, as well as in the cases provided for in section 723-16, the Public Prosecutor's Office may reduce the sentence to execution.
"If, except for legitimate reasons or the exercise of remedies, the person does not appear at the summons, the judge of the application of the penalties shall inform the public prosecutor who brings the sentence back to execution. »
II. ― Section 723-16 is amended as follows:
1° In the first paragraph, after the word "procedure," the words are inserted: "a proven risk of escape from the convicted person";
2° The second paragraph reads as follows:
"He shall immediately inform the judge of the application of the penalties if he has been seized under the second paragraph of Article 723-15. »
III. 1. After section 723-18, a section 2 is inserted entitled: " Provisions applicable to convicted prisoners".
2. After Article 723-19, Division VIII and its title are deleted.
3. Articles 723-19 and 723-20 are as follows:
"Art. 723-19.-People who are sentenced to imprisonment or imprisonment for a term of two years or less than or equal to one or more years or who are sentenced to imprisonment for a term of five years or less and whose term of imprisonment is less than or equal to two years shall be entitled to, unless the person and condition of the prison is materially impossible and, if the person and condition of the prison permit, to a semi-liberty, of a conditional release on the outside, The duration of two years provided for in this article shall be reduced to one year if the convicted person is in a state of legal recidivism.
"Art. 723-20.-The Director of the Penitentiary Service for Inclusion and Probation shall examine in a timely manner the file of each of the convicts under section 723-19, in order to determine, after the opinion of the Chief of Correctional Institution, the measure of adjustment of the sentence best suited to his personality and material, family and social situation.
"With the absence of a serious plan to insert or reinsertion or material impossibility to put in place a measure of accommodation, the Director, after having obtained the agreement of the convict to the measure proposed to him, shall address the public prosecutor, with a view to the referral of the judge of the application of the sentences, a proposal of accommodation, including, where applicable, one or more of the obligations and prohibitions listed in section 132-45
"If he considers the justified proposal, the prosecutor of the Republic shall forward the proposal for approval to the judge of enforcement of the penalties. The applicant then has a period of three weeks from the date of receipt of the request to make a decision by order of homologist or to refuse to homologate the proposal.
"If he does not consider the justified proposal, the prosecutor of the Republic shall inform the judge of the application of the penalties by transmitting this proposal. He also advises the convicted of his position. The judge of enforcement of sentences may then order an alteration of sentence, ex officio or at the request of the convicted person, following an adversarial debate in accordance with Article 712-6 of this Code. It may also do so after receiving the report under the second paragraph of this article. »
IV. ― Section 723-21 is repealed.
V. ― Section 723-23 is repealed.
VI. ― Section 723-24 reads as follows:
"Art. 723-24.-If the judge fails to respond to the sentence within three weeks, the director of the Correctional Service for insertion and probation may, on the instruction of the prosecutor of the Republic, return to execution the development measure. This decision is a judicial administration measure that is not subject to appeal. It is previously notified to the sentencing judge. »
VII. ― At the first sentence of 723-25, the reference: "723-21" is replaced by the references: "723-20 or 723-22" and the reference: "723-20" is replaced by the reference: "723-19".
VIII. ― Section 723-27 is read as follows:
"Art. 723-27.-For convicts referred to in Article 723-19 and in order to prepare a measure of semi-liberation, placement on the outside, electronic supervision or conditional release under the terms set out in this paragraph, the director of the penitentiary service of insertion and probation may send to the prosecutor of the Republic, for the purpose of the referral of the judge of enforcement of sentences, a proposal for leave to leave, »
IX. ― After section 723-27, a division is re-established as follows:
“Section VIII
"Terms of enforcement of the purposes of imprisonment
in the absence of any accommodation
"Art. 723-28.-For imprisonment for a term of less than or equal to five years, where no relief has been ordered six months before the expiration date of the sentence, any person sentenced to whom four months of imprisonment remains to be imposed or, for penalties less than or equal to six months, to which two thirds of the sentence remains to be imposed, shall be liable for the relicability of his or her sentence
"The placement is implemented by the Director of the Penitentiary Service for Inclusion and Probation under the authority of the Attorney General of the Republic who may determine the control measures and obligations listed in sections 132-44 and 132-45 of the penal code to which the convicted person must submit.
"In the absence of a placement decision, the convicted person may appeal to the judge for the application of the penalties to adjudicate by judgment after adversarial debate in accordance with section 712-6.
"A decree specifies the procedure for the application of this article. »
In section 723-29, the word "judge" is replaced by the word "court".
Article 728 is as follows:
"Art. 728.- Standard rules of procedure, provided for by decree in the Council of State, determine the arrangements made for the operation of each of the categories of prisons. »
I. ― After Article 715, an article 715-1 is inserted as follows:
"Art. 715-1.-All communications and facilities compatible with prison security requirements are granted to persons under review, accused and accused for the exercise of their defence. »
II. ― Section 716 reads as follows:
"Art. 716.- Persons under review, accused and accused who are subjected to pre-trial detention are placed in an individual cell. It can only be derogated from this principle in the following cases:
« 1° If requested by interested parties;
« 2° If their personality justifies, in their interest, that they are not left alone;
« 3° If they have been allowed to work or to attend vocational or school training and are required by organizational requirements.
"When the accused, accused and accused persons are placed in a collective cell, the cells must be adapted to the number of detainees held in the cell. They must be able to live together. Their safety and dignity must be ensured. »
The second paragraph of Article 717 is amended as follows:
1° In the first sentence, the words: "one year" are replaced by the words: "two years";
2° Two sentences are added:
"A sentenced person held in an arrest home to whom a sentence of more than two years remains may, at his or her request, obtain his or her transfer to a penal institution within nine months of the day on which his or her conviction became final. However, it can be kept in a stop home when it enjoys or is likely to benefit quickly. »
I. ― Section 717-1 is amended as follows:
1° Before the first preambular paragraph, a subparagraph shall read:
"As soon as they are welcomed to the penitentiary institution and after a multidisciplinary observation period, the detained persons are subject to a personality assessment. A course of execution of the sentence is developed by the Chief of Institution and the Director of the Prison Service for Inclusion and Probation for Convicts, in consultation with the Convicts, as soon as their conviction has become final. The initial draft and its subsequent amendments are brought to the attention of the judge of enforcement of sentences. » ;
2° The first paragraph is supplemented by two sentences as follows:
"The detention regime is determined by taking into account their personality, health, danger and social reintegration efforts. The placement of a person detained under a more severe detention regime could not affect the rights referred to in section 22 of Act No. 2009-1436 of 24 November 2009. » ;
3° In the first sentence of the fifth paragraph, the words "second and third" are replaced by the words "third and fourth".
II. ― In the first paragraph of section 763-7, the word "second" is replaced by the word "third".
The second paragraph of Article 717-2 is as follows:
"It can only be derogated from this principle if the persons concerned apply for it or if their personality justifies that, in their interest, they are not left alone, or because of the necessity of organisation of work. »
Article 726 reads as follows:
"Art. 726.-The disciplinary regime for persons held in pre-trial detention or serving a custodial sentence is determined by a decree in the Council of State.
"This decree specifies, inter alia:
« 1° The contents of disciplinary misconduct, which are classified according to their nature and gravity;
« 2° The various disciplinary penalties incurred according to the degree of seriousness of the misconduct. Disciplinary confinement or ordinary individual confinement may not exceed twenty days, but may be extended to thirty days for any physical violence against persons;
« 3° The composition of the disciplinary commission, which must include at least one member outside the prison administration;
« 4° The applicable disciplinary procedure, in which the person may be assisted by a lawyer chosen or appointed on his or her own behalf, with the assistance of the State for the intervention of that lawyer;
« 5° The conditions under which a person placed in a disciplinary cell or in confinement in an individual cell is entitled to a weekly parlour;
« 6° The conditions under which the maintenance of a disciplinary cell placement or confinement in an individual cell is incompatible with the health status of the detained person.
"The exceptional placement of juvenile detainees over the age of sixteen in a disciplinary cell cannot exceed seven days.
"In the event of an emergency, major inmates and juvenile detainees over the age of sixteen may be subject to, as a preventive measure, a placement in a disciplinary cell or a confinement in an individual cell. This measure cannot exceed two working days.
"When a detained person is placed in a disciplinary district or in confinement, he or she may refer the matter to the Referee Judge pursuant to section L. 521-2 of the Administrative Justice Code. »
After Article 726, an article 726-1 is inserted as follows:
"Art. 726-1.-Any person detained, unless he or she is a minor, may be placed by the administrative authority, for a maximum of three months, in isolation by measure of protection or security either at his or her request or on his or her own motion. This measure may not be renewed for the same period as after a conflicting debate, during which the person concerned, who may be assisted by his or her lawyer, submits his or her oral or written comments. Isolation can only be extended beyond one year after the judicial authority has advised.
"The placement in solitary confinement does not affect the exercise of the rights referred to in section 22 of Act No. 2009-1436 of 24 November 2009 in prison, subject to the modifications required by security.
"When a detained person is placed in solitary confinement, he or she may appeal to the Referee Judge under section L. 521-2 of the Administrative Justice Code.
"A decree in the Council of State determines the conditions for the application of this article. »
I. ― In article 113-5, after the words: "judicial control", the words ", under house arrest with electronic surveillance".
II. ― Section 138 is amended as follows:
1° The penultimate paragraph is deleted;
2° In the last paragraph, the words: "and placement under electronic surveillance" are deleted.
III. ― The last paragraph of section 143-1 is supplemented by the words: "or house arrest with electronic surveillance."
IV. ― The first paragraph of section 144 is supplemented by the words: "or house arrest with electronic surveillance".
V. ― After Article 145-4, an article 145-4-1 is inserted as follows:
"Art. 145-4-1.-The examining magistrate or the judge of freedoms and detention may prescribe, by reason of order, that the detained person be subjected to solitary confinement for the purpose of being separated from the other detained persons, if that measure is indispensable to the needs of the information, for a period not exceeding that of the warrant of filing and that may be renewed at each extension of the detention. The decision of the examining magistrate may be appealed to the president of the board of inquiry.
"The placement in solitary confinement does not affect the exercise of the rights referred to in section 22 of Act No. 2009-1436 of 24 November 2009 in prison, subject to the modifications required by security.
"A decree in the Council of State specifies the modalities for the application of this article. »
VI. ― Section 179 is amended as follows:
1° In the first sentence of the second paragraph, after the word: "provisional", the words are inserted: "at home assignment with electronic surveillance";
2° In the first sentence of the third paragraph, after the word: "custody", the words "under house arrest with electronic surveillance".
VII. ― Section 181 is amended as follows:
1° The fifth preambular paragraph reads as follows:
"The judicial review or residential assignment with electronic surveillance of the accused continues to produce their effects. » ;
2° In the first sentence of the sixth paragraph, after the word "provisional", the words ", residential assignment with electronic surveillance".
VIII. ― In the first paragraph of section 186, after the reference: "37-3", the references are inserted: ", 142-6, 142-7".
IX. ― At the end of the last sentence of the first paragraph of section 207, the words: "a judicial review or changes its terms" are replaced by the words: "or amend a judicial review or house arrest with electronic surveillance".
X. ― The second sentence of the second paragraph of section 212 is supplemented by the words "or house arrest with electronic surveillance".
XI. ∙ The third paragraph of Article 394 is amended as follows:
1° In the first sentence of the third paragraph, after the word "judicial", the words are inserted: "or place it under house arrest with electronic surveillance";
2° In the last sentence, after the word "judicial", the words "or under house arrest with electronic surveillance" are inserted;
3° The second sentence is as follows:
"The magistrate may, after hearing the defendant, have his lawyer been notified and heard in his observations, if he so requests, pronounce one of these measures under the conditions and in the manner provided for in articles 138, 139, 142-5 and 142-6. »
XII. ― The last paragraph of section 396 is amended as follows:
1° The first sentence is supplemented by the words: "or place it under house arrest with electronic surveillance";
2° In the last sentence, after the word "judicial", the words "or under house arrest with electronic surveillance" are inserted.
XIII. ― At the first sentence of Article 397-7, after the words: "judicial control", the words ", under house arrest with electronic surveillance".
XIV. ― In the first and last sentences of Article 495-10, after the words: "judicial control", the words are inserted: ", at home summons with electronic surveillance".
XV. ― In section 501, after the word "judicial", the words "or house arrest with electronic surveillance" are inserted.
XVI. ― At the first sentence of the second paragraph of section 569, the words "stop" are replaced by the words: "and residential assignment with electronic surveillance ends".
XVII. ― At the 5th of section 706-53-2, after the word "judicial", the words "or under house arrest with electronic surveillance" are inserted.
XVIII. ― The second sentence of the last paragraph of section 706-53-4 is supplemented by the words "or residential assignment with electronic surveillance".
XIX. ― In the second sentence of Article 706-64, after the word "provisional", the words "under house arrest with electronic surveillance" are inserted.
XX. ― Section 706-71 is amended as follows:
1° In the third paragraph, after the words: "jurisdiction of judgment" are inserted the words: "in the examination of the accused by the president of the court of siege pursuant to section 272, at the appearance of a person at the hearing in which a judgment or judgment was rendered, or in the course of which he is judged on civil interests, at the examination by the public prosecutor
2° After the third preambular paragraph, a sub-item reads as follows:
"The same applies to the commission of compensation for victims of offences, before the first president of the Court of Appeal ruling on requests for compensation for pre-trial detention, to the National Commission for the Compensation of Detention, to the Commission and the Court of Review and to the Commission for the Review of Convictions. » ;
3° The fourth paragraph is amended to read:
(a) In the first sentence, the word "two" is replaced by the word "three";
(b) In the first sentence, the words "of the competent court" are replaced by the words "of the competent magistrate, court or commission";
(c) The last sentence is supplemented by the words: "unless a copy of this file has already been handed over to the lawyer."
I. ― The fourth paragraph of section 471 is amended as follows:
1° The reference: "131-6" is replaced by the reference: "131-5";
2° After the reference: "31-11", the references are inserted: "and 132-25 to 132-70".
II. ― Section 474 is amended as follows:
1° The first paragraph is amended to read:
(a) The words: "one year" are twice replaced by the words: "two years", and the words: "be less than ten days or" are deleted;
(b) It is added a sentence as follows:
"The convict is also advised that he is summoned for the same purpose to the penitentiary service for insertion and probation within a period that cannot be more than forty-five days. » ;
2° In the second paragraph, the words: "This notice" are replaced by the words: "The notice of summons before the judge of the application of sentences" and the words: "to this convocation" are replaced by the words: "to this magistrate";
3° In the second sentence of the third paragraph, the words: "is summoned before" are replaced by the words: "is summoned only before".
III. ― Section 702-1 is supplemented by a paragraph as follows:
"For the purposes of this section, the Correctional Court shall be composed of one magistrate exercising the powers of the President. The same is true of the Correctional Appeals Chamber or the Instruction Chamber, which is composed of its only president, sitting on a single judge. However, if the complexity of the case warrants it, the magistrate may decide on his or her behalf or at the request of the convict or public prosecutor to refer the judgment of the case to the collegial training of the court. The magistrate who ordered the dismissal was then a member of the composition of that jurisdiction. The decision to refer is a judicial administration measure that is not subject to appeal. »
IV. ― Section 710 is supplemented by a paragraph as follows:
"For the purposes of this section, except in the case of confusion of sentence, the Correctional Court shall be composed of a single magistrate exercising the powers of the President. The same is true of the Correctional Appeals Chamber or the Instruction Chamber, which is composed of its only president, sitting on a single judge. However, if the complexity of the case warrants it, the magistrate may decide on his or her behalf or at the request of the convict or public prosecutor to refer the judgment of the case to the collegial training of the court. The magistrate who ordered the dismissal was then a member of the composition of that jurisdiction. The decision to refer is a judicial administration measure that is not subject to appeal. »
V. ― Section 712-4 is supplemented by a paragraph as follows:
"If the length of the sentence imposed or left to be served, such measures may also be granted in accordance with the simplified procedures provided for in sections 723-14 to 723-27. »
VI. ― At the last sentence of the first paragraph of Article 721-3, the words "in the penultimate" are replaced by the words "in the ninth".
VII. ― Section 733-1 is supplemented by a paragraph as follows:
"This decision can also intervene as a result of the partial execution of the work of general interest. »
VIII. ― The first paragraph of Article 747-2 is supplemented by the words "or Article 723-15".
IX. ― The first paragraph of Article 775-1 is supplemented by a sentence as follows:
"The competent courts are then composed in accordance with the provisions of the last paragraph of Article 702-1. »
I. ― At the end of the second sentence of Article 709-2, the words: "the first working day of the month of May" are replaced by the words: "within the first working day of the month of March".
II. ― Section 716-5 is amended as follows:
1° Before the first preambular paragraph, a subparagraph shall read:
"In order to ensure the execution of a sentence of imprisonment or imprisonment, the Attorney General and the Attorney General may authorize law enforcement officials to enter the domicile of the convicted person in order to seize the convicted person. However, agents cannot enter the person's home before 6 hours and after 9 hours. » ;
2° In the second preambular paragraph, in the first sentence of the fourth preambular paragraph and in the fifth preambular paragraph, after the words: "Procurator of the Republic" are inserted the words: ", or the Attorney General".
III. ― In article 719, after the words: "Deputies and Senators", the words "as well as representatives to the European Parliament elected in France".
IV. ― 1.section 727 is repealed.
2.In section 58 of Act No. 83-520 of 27 June 1983, which makes applicable the Criminal Code, the Code of Criminal Procedure and certain legislative provisions in the Overseas Territories, the words "the second and third paragraphs of Article 727" are deleted.
I. ― After section 844, two articles 844-1 and 844-2 are inserted as follows:
"Art. 844-1.-For the purposes of Article 474 in New Caledonia, where the convicted person is a minor, the child's judicial protection department shall carry out the duties of the prison service of insertion and probation.
"Art. 844-2.-For the purposes of Article 474 in the Wallis and Futuna Islands, the President of the Court of First Instance shall exercise the functions of the penitentiary service of insertion and probation. »
II. ― After section 868-1, an article 868-2 is inserted as follows:
"Art. 868-2.-In New Caledonia, where the convicted person is a minor, the department responsible for the judicial protection of the child or its director shall, as the case may be, carry out the duties assigned to the penitentiary service of insertion and probation or to its director. »
III. ― After section 868-1, two articles 868-3 and 868-4 are inserted as follows:
"Art. 868-3.-For its application in French Polynesia and New Caledonia, the last paragraph of Article 713-3 is as follows:
" The remuneration of the detained persons may not be less than an hourly rate established by decree and indexed on the minimum wage defined locally by the competent authorities of French Polynesia or New Caledonia. This rate may vary depending on the regime under which detained persons are employed. ”
"Art. 868-4.-For its application in the Wallis and Futuna Islands, the last paragraph of Article 713-3 is as follows:
" The remuneration of the detained persons may not be less than an hourly rate established by decree and indexed on the minimum wage defined in section 95 of Act No. 52-1322 of 15 December 1952 establishing a labour code in the territories and territories associated with the ministries of overseas France. This rate may vary depending on the regime under which detained persons are employed. “”
IV. ― After Article 901-1, an article 901-2 is inserted as follows:
"Art. 901-2.-For its application in Mayotte, the last paragraph of Article 713-3 is as follows:
" The remuneration of the detained persons shall not be less than an hourly rate established by decree and shall be indexed to the guaranteed minimum wage of interprofessional employment as defined in Article L. 141-2 of the Labour Code applicable to Mayotte. This rate may vary depending on the regime under which detained persons are employed. “”
V. ― After article 926, an article 926-1 is inserted as follows:
"Art. 926-1.-For the purposes of section 474 in Saint-Pierre-et-Miquelon, the President of the Court of First Instance shall exercise the functions of the penitentiary service of insertion and probation. »
VI. ― After section 934, two articles 934-1 and 934-2 are inserted as follows:
"Art. 934-1.-For the purposes of sections 723-15, 723-24 and 723-27 in Saint-Pierre-et-Miquelon, the Chief of Corrections shall, as the case may be, perform the duties of the Correctional Service or its Director.
"Art. 934-2.-For the purposes of Article 723-20 in Saint-Pierre-et-Miquelon, the first paragraph of this article is as follows:
" The Chief of Corrections shall examine in a timely manner the file of each of the convicts under section 723-19 in order to determine the best fit for their personality. “”
The Code of Criminal Procedure is amended as follows:
I. ―article 222is repealed.
II. ― In the first paragraph of section 727-1, the words "that persons detained have been allowed to pass" are replaced by the words "of persons detained".
Before the penultimate paragraph of section 5 of Act No. 2007-297 of 5 March 2007 on the prevention of delinquency, a paragraph shall be inserted in that section:
"The actions carried out by the State, the municipalities, the public institutions of intercommunal cooperation, the departments, the regions and the private legal persons responsible for a public service mission are eligible for the interdepartmental fund for the prevention of crime only if they propose work of general interest to convicted persons. »
I. ― This Act applies:
1° In New Caledonia and French Polynesia, with the exception of the second to fourth paragraphs of Article 21, the second paragraph of Article 33, Article 55, Article 56 and Article 98;
2° In the Wallis and Futuna Islands, with the exception of Article 3, the second to fourth paragraphs of Article 21, the second paragraph of Article 33, Article 55, Article 56 and Article 98.
II. – For the purposes of sections 3 and 8, New Caledonia is viewed as a territorial community.
III. ― The State may conclude with the competent authorities [Dispositions declared not in conformity with the Constitution by the Constitutional Council Decision No. 2009-593 DC of 19 November 2009] of French Polynesia and New Caledonia a convention in order to define the modalities for the application of Article 46.
IV. – The second to fourth paragraphs of Article 21 are applicable to Mayotte.
V. ― By derogation from section 5, a single assessment board is established in French Polynesia with all penal institutions.
VI. ― For the purposes of section 27 in Saint-Pierre-et-Miquelon and in the Wallis and Futuna Islands, the words "and the director of the penitentiary service of insertion and probation" are deleted.
VII. ― For its application in the Wallis and Futuna Islands, French Polynesia and New Caledonia, the 2nd of Article 30 is thus written:
« 2° To claim for the benefit of the rights and benefits of social assistance provided by the applicable local regulations, where they do not have a personal home at the time of incarceration or cannot justify it; "
VIII. ― For the application of Article 45 in the Wallis and Futuna Islands, French Polynesia and New Caledonia, the words ", in accordance with the third and fourth paragraphs of Article L. 6141-5 of the Public Health Code" are deleted.
IX. ∙ Section 37 is not applicable in French Polynesia.
X. ― For the purposes of Article 38 in the Wallis and Futuna Islands, French Polynesia and New Caledonia, the words "the department" are replaced by the words "the competent institutions of the community".
XI. ― For the purposes of section 46 in the Wallis and Futuna Islands, French Polynesia and New Caledonia, the words "by the public health code" and the words "the Director General of the Regional Health Agency" are replaced by the words "by the local regulations" and the words "the competent institutions of the community".
XII. ― For the application of the 1st of Article 49 in French Polynesia and New Caledonia, the words ", referred to in Article L. 1110-11 of the Public Health Code" are deleted.
Within the five-year period from the date of publication of this Act, it may be derogated from the placement in an individual cell in arrest homes on the basis that the internal distribution of the premises or the number of persons held present does not permit its application.
However, the sentenced person or, subject to the agreement of the information magistrate, the accused person may apply for his transfer to the nearest arrest house allowing an individual cell placement.
This law will be enforced as a law of the State.
Done in Paris, November 24, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister of Health and Sports,
Roselyne Bachelot-Narquin
The Secretary of State for Justice,
Jean-Marie Bockel
(1) Act No. 2009-1436.
― Preparatory work:
Senate:
Bill No. 495 (2007-2008);
Report of Mr. Jean-René Lecerf on behalf of the Law Commission, No. 143 (2008-2009);
Opinion of Mr. Nicolas About, on behalf of the Social Affairs Committee, No. 222 (2008-2009);
Supplementary report of Mr. Jean-René Lecerf on behalf of the Law Commission, No. 201 (2008-2009)
Text of Commission No. 202 (2008-2009)
Discussion on March 3, 4, 5 and 6, 2009 and adoption, after an emergency statement, on March 6, 2009 (TA No. 59, 2008-2009).
National Assembly:
Bill, passed by the Senate, No. 1506;
Report of Mr. Jean-Paul Garraud, on behalf of the Law Commission, No. 1899;
Information report by Mr. Guénhaël Huet, on behalf of the delegation to the rights of women, No. 1900;
Discussion on 15, 16 and 17 September 2009 and adoption on 22 September 2009 (TA No. 336).
Senate:
Bill, amended by the National Assembly, No. 628 (2008-2009);
Report of Mr. Jean-René Lecerf, on behalf of the Joint Joint Parity Commission, No. 20 (2009-2010);
Discussion and adoption on October 13, 2009 (TA No. 2, 2009-2010).
National Assembly :
Report of Mr. Jean-Paul Garraud, on behalf of the joint parity commission, No. 1962;
Discussion and adoption on 13 October 2009 (TA No. 349).
― Constitutional Council:
Decision No. 2009-593 DC of 19 November 2009 issued to Official Journal of this day.
