Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le Code of Criminal Procedure ;
Vu le Public Health Code ;
Vu la Act No. 79-587 of 11 July 1979 amended on the motivation of administrative acts and the improvement of relations between administration and the public, including articles 1 and 2;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations, including article 24;
Vu la Act No. 2009-1436 of 24 November 2009 penitentiary, including its title I;
Vu le Decree No. 2005-1124 of 6 September 2005 taken for application ofArticle 17-1 of Act No. 95-73 of 21 January 1995 and setting out the list of administrative investigations leading to the consultation of the automated personal data processing referred to in theArticle 21 of Act No. 2003-239 of 18 March 2003 ;
Considering the opinion of the National Legal Aid Council of 17 September 2010;
The State Council (inland section) heard,
Decrete:
Title II of Book V of the Code of Criminal Procedure (Part Two: Orders in the Council of State), comprising Articles R. 57-5 to R. 57-9-17, is replaced by the following provisions:
« TITRE II
« DETENTION
"Art.R. 57-5. - For the purposes of this title, the magistrate seizes the record of the proceedings, as the case may be, the examining magistrate or the judge of the children, the judge of freedoms and detention, the prosecutor of the Republic, the president of the board of inquiry, the president of the court of siege, the attorney general near the court of appeal and the attorney general near the Court of Cassation.
“Chapter I
"From the execution of pretrial detention
"Art.R. 57-5-1.-The judicial confinement of a major person may be decided at any time of the information procedure by the investigating judge.
"When the judge of liberty and detention is brought before the judge for the purpose of pre-trial detention or the renewal of the measure, the examining magistrate may indicate in his or her order that he or she wishes the person to be subjected or maintained to judicial isolation.
"Art.R. 57-5-2.-The detention may be decided by the judge of freedoms and detention when deciding on the pre-trial detention of a person or the extension of that detention.
"Art.R. 57-5-3.-The examining magistrate or the judge of freedoms and detention shall specify in the order by which he or she submits a person to judicial isolation the duration of the measure, which cannot exceed that of the title of detention.If there is no precision, the duration of the detention is that of the title. These instructions are referred to in the individual record accompanying the title of detention or, if decided subsequently, in any other document transmitted to the head of institution.
"Art.R. 57-5-4.-The reasoned decision on placement in judicial isolation or extension of the measure may be included in the order for detention or extension of the detention or a separate order.
"When the pre-trial detention of a person placed in judicial isolation is extended, the segregation measure shall cease immediately if it is not expressly renewed in the extension order or by a separate order made on the same day.
"Art.R. 57-5-5.- At any time of the information procedure, the judicial isolation may be terminated by order of the investigating judge, acting on his or her own motion, upon requisitions of the public prosecutor, at the request of the head of the prison or at the request of the detained person.
"It may also be terminated by order of the judge of freedoms and detention, adjudicating, upon requisitions of the prosecutor of the Republic or at the request of the detained person, when the judge decides on the extension of pretrial detention or on an application for release.
"Art.R. 57-5-6.-The person placed in judicial isolation may at any time request that this measure be lifted to the examining magistrate, as provided in sections 148-6 or 148-7.
"Art.R. 57-5-7.-The order for placement in judicial isolation, renewal of this measure or refusal to terminate it is notified to the person by any means.
"This order may be referred by the person detained to the president of the board of instruction in accordance with the terms set out in sections 148-6 and 148-7.
"Art.R. 57-5-8.-The detained person placed in judicial isolation is subject to the detention regime provided for in sections R. 57-7-62 and R. 57-7-63.
“Chapter II
“General conditions of detention
« None.
“Chapter III
“Common provisions
the various prisons
“Section 1
"Privacy of Personal Documents
"Art.R. 57-6-1.-A detained person may, at any time, hand over to the Registry of the Penitentiary Institution, under closed fold, for the purpose of their preservation and the preservation of their confidential nature, any personal documents, of which he is detaining at the time of his or her detention or being sent to him or her. It can request restitution at any time.
"The same is true of the copies of the documents referred to in R. 155, which the detained person has applied for the issuance and which are transmitted in the manner set out in the last paragraph of R. 165.
"Art.R. 57-6-2.-Any detained person has the right to consult, in a place to ensure confidentiality, the documents relating to the reason for his or her nut, filed, upon arrival or in detention, at the office of the prison.
"Art.R. 57-6-3.-The Registry shall keep a record on which the nature of each document is listed and the dates of its surrender, consultation and restitution by the detained person.
"Art.R. 57-6-4.-In the event of the death of the detained person, the documents entrusted to the Registry of the penitentiary institution shall be handed over to his or her rightful persons or, failing that, attached to his or her individual file and, where applicable, to the departmental archives.
“Section 2
“Relations of detainees with their human rights defender
"Art.R. 57-6-5.-The communication permit shall be issued to lawyers, for convicts, by the judge of the application of the sentences or his clerk for the purposes of articles 712-6,712-7 and 712-8 and, for the accused, by the magistrate seized of the proceedings.
"In other cases, it is issued by the head of the prison.
"Art.R. 57-6-6.-The communication is verbally or in writing. No sanction or measure may remove or restrict the free communication of the detained person with his or her counsel.
"Art.R. 57-6-7.-The control or deduction of correspondence between detained persons and their counsel may not intervene if it can be found unequivocally that they are actually intended for the board or come from it.
“Section 3
“ Agents that may
to be chosen by detained persons
"Art.R. 57-6-8.-When considered to make an individual decision unfavourable to the detained person who is to be motivated in accordance with the provisions of sections 1 and 2 of Act No. 79-587 of 11 July 1979, the detained person may be represented or assisted by counsel or, under the conditions provided for in sections R. 57-6-9 to R. 57-6-16 and with the exception of decisions made in disciplinary matters or in matters of
"Art.R. 57-6-9.-For the application of provisions of Article 24 of Act No. 2000-321 of 12 April 2000 the decisions referred to in the previous article, the detained person shall have a time limit to prepare his or her observations, which shall not be less than three hours from the time when he or she is able to consult the elements of the proceedings, in the presence of his or her lawyer or the authorized agent, if so requested.
"The competent authority may decide not to communicate to the detained person, his or her lawyer or to the authorized agent the information or documents in his or her possession that contain elements that may affect the security of persons or correctional institutions.
"Art.R. 57-6-10.-The agent provided for by theArticle 24 of Act No. 2000-321 of 12 April 2000 may be:
« 1° Either the holder of a visiting permit;
« 2° Either the holder of a prior approval.
"Art.R. 57-6-11. - For the execution of the mandate given to him by the detained person, the agent may request the issuance of the copy of the documents that were communicated to the detained person.
"Art.R. 57-6-12.-Any person may apply for the grant of the licence referred to in 2° of section R. 57-6-10 if it meets the following conditions:
« 1° Not to be incarcerated;
« 2° To play its civil and political rights;
« 3° Not having been the subject of a conviction, incapacity or termination referred to in Bulletin 2 of the criminal record;
« 4° Do not engage in any professional activity, in any capacity, within a department under the Ministry of Justice;
« 5° If it is a person of foreign nationality, be in a regular situation in French territory.
"Art.R. 57-6-13.-The approval of the agent shall have the benefit of the confidentiality of the interviews and correspondence between the authorized agent and the detained person who designated him and the award to the agent of an access to detention title for the performance of his or her mission.
"Art.R. 57-6-14. -The interregional director of penitentiary services is the competent authority to decide on the application for approval, on the proposal of the head of correctional institution who conducts his or her instruction, and in particular to ensure that the latter is not intended to circumvent the rules governing the exercise of visiting rights. The Interregional Director of Penitentiary Services may, prior to the issuance of the accreditation, conduct an administrative investigation under the conditions provided by the Decree No. 2005-1124 of 6 September 2005.
"The authorized representative when selected by a person in pre-trial detention must also apply for the issuance of the authorization under section 145-4.
"Art.R. 57-6-15.-The licence is valid for a period of two years, renewable, and allows the licensee to carry out, under the conditions set out in section R. 57-6-13, the assistance or representation missions entrusted to it by persons detained in one or more penitentiary institutions under the same interregional direction.
"A representative, who is previously granted a valid approval, may, at his request, be authorized by the Interregional Director of Correctional Services of another prison region to carry out assistance or representation missions, under the conditions provided for in article R. 57-6-13, in one or more penitentiary establishments within his or her jurisdiction. This authorization is valid in the designated establishment(s) up to the expiry date of the current registration.
"Art.R. 57-6-16. -The interregional director of penitentiary services is required to withdraw the approval when the prosecutor of the Republic applies in writing.
"It may also withdraw the consent by reason of a decision made in the light of a report by the head of institution, particularly in the event of a breach by an agent of the rules relating to security and order of the establishment.
"In the event of an emergency and for serious reasons, the head of institution may temporarily suspend the approval of the agent, pending the decision of the interregional director. The provisional suspension period may not exceed two months.
“Section 4
"From the right to the image of detained persons
"Art.R. 57-6-17. -The dissemination of the image or voice of the accused persons is authorized by the magistrate seized of the case file.
“Chapter IV
"From the administration of penitentiary institutions
“Section 1
“Inner regulations
"Art.R. 57-6-18.-The head of establishment shall adapt the standard rules of procedure applicable to the class to which the establishment is headed by it taking into account the specific terms and conditions of operation of the establishment. He collects personal notice.
"Art.R. 57-6-19.-The rules of procedure of the establishment, as well as its possible amendments, shall be forwarded for approval to the Interregional Director. It is addressed for information to the judge of enforcement of sentences, to the president of the High Court and to the prosecutor of the Republic.
"Art.R. 57-6-20.-The rules of procedure of the establishment shall be made available to detained persons upon request.
“Section 2
"From access to the right
"Art.R. 57-6-21.-Access to the law in the form of free legal permanences and consultations, known as "access to the law", are established in the penitentiary institutions by the departmental boards of access to the law in consultation with the heads of correctional institutions and the directors of the prison services of insertion and probation.
"Art.R. 57-6-22.-These permanences and consultations are intended to respond to any request for legal information from detained persons, with the exception of those relating to the criminal case for which the person is incarcerated, the execution of the sentence or for which a lawyer is already seized.
“Section 3
"From the competent authority
of individual administrative decisions
"Art.R. 57-6-23. -The Interregional Director of Prison Services is competent to make the following individual administrative decisions:
« 1° Accreditation of associations on whose behalf detainees may be allowed to work;
« 2° Authorization to visit or communicate with non-nominatively designated detainees in prisons located within the jurisdiction of interregional management;
« 3° Restitution of all or part of the available portion of the nominative account of a person held in prison after an escape;
« 4° Authorization for a detained person to be treated by a doctor of his or her choice;
« 5° Authorization of interregional scope to make photographs, sketches, shootings or sound recordings related to detention;
« 6° Authorization, for a mother detained with her child, to keep him with her beyond the age of eighteen months;
« 7° Appointment of non-public servants of the advisory committee to issue an opinion on the application referred to in 6°;
« 8° Empowerment of chaplains providing religious service in penitentiary institutions;
« 9° Authorization for the release of the writings of a detained person for publication or disclosure in any form;
"10° Authorization for a detained person to be hospitalized in a private health facility;
"11° Authorization for hospitalization of a person detained in a health facility located within the jurisdiction of the interregional prison administration.
"For the exercise of the competencies defined by this Code, the Interregional Director of Prison Services may delegate its signature to one or more officials belonging to a class body A employed at interregional management headquarters.
"Art.R. 57-6-24.-The Chief of Institution is competent to issue authorizations to visit the penitentiary institution he directs.
"For the exercise of the skills defined by this Code, the head of institution may delegate his signature to his deputy, a director of the penitentiary services or to a member of the command corps under his authority.
"It may also delegate it to a penitentiary major or to a first supervisor under his or her authority for the assignment of detainees in a cell.
“Chapter V
“From discipline and security
Prisons
“Section 1
“From discipline
"Subsection 1
"Disciplinary misconduct
"Art.R. 57-7.- Disciplinary misconduct is classified according to their gravity, according to the distinctions set out in R. 57-7-1 to R. 57-7-3, in three degrees.
"Art.R. 57-7-1.-Constitutes a first-degree disciplinary misconduct, for a detained person:
« 1° Exercise or attempt to exercise physical violence against a staff member or person on a mission or on a visit to the facility;
« 2° Exercise or attempt to exercise physical violence against a detained person;
« 3° Participate or attempt to participate in any collective action, preceded or accompanied by violence against persons or in a manner that compromises the security of institutions;
« 4° To obtain or attempt to obtain, by threat of violence or constraint, a commitment or renunciation or surrender of any property;
« 5° intentionally commit acts of nature to endanger the safety of others;
« 6° Participating in an escape or attempted escape;
« 7° Introduce or attempt to introduce into the establishment any hazardous objects or substances that are hazardous to the security of persons or establishment, to hold or exchange them against any property, product or service;
« 8° Introduce or attempt to introduce into the establishment of narcotics, hold or exchange them against any property, product or service;
« 9° Introduce or attempt to introduce into the facility, hold, without medical authorization, drugs substitution products or psychotropic substances, or exchange them against any property, product or service;
« 10° To cause or attempt to deliberately cause damage to premises or equipment affected by the establishment to the security or normal operation of the establishment;
« 11° To induce a detained person to commit any of the breaches listed in this section or to provide assistance to him for that purpose.
"Art.R. 57-7-2.-Constitutes a second-degree disciplinary misconduct, for a detained person:
« 1° To formulate insults, threats or insults against a staff member of the institution, a person on a mission or on a visit to the prison or administrative or judicial authorities;
« 2° To endanger the safety of others by imprudence or negligence;
« 3° To impose obscene or offensive acts on others;
« 4° To obtain or attempt to obtain from a staff member of the establishment or a person on mission within the establishment any benefit by offerings, promises, gifts or gifts;
« 5° To refuse to submit to a security measure defined by a legislative or regulatory provision, by the rules of procedure of the prison or by any other service instruction;
« 6° To avoid a disciplinary sanction imposed against him;
« 7° To participate in any collective action that disrupts the order of the establishment, excluding the case provided for in the 3rd of Article R. 57-7-1;
« 8° To formulate insults or threats against a detained person;
« 9° To break or attempt to break the statutory or regulatory provisions, the establishment's rules of procedure or any other service instruction applicable to the entry, movement or exit of money, correspondence, objects or substances of any kind;
« 10° To hold objects or substances prohibited by a legislative or regulatory provision, by the rules of procedure of the establishment or by any other service instruction or to exchange them against any property, product or service, excluding the cases provided for in 7°.8° and 9° of section R. 57-7-1;
« 11° To deliberately cause damage to the premises or equipment assigned to the establishment, excluding the case provided for in 10° of Article R. 57-7-1;
« 12° deliberately causing harm to the property of others;
« 13° To commit or attempt to commit a flight or any other fraudulent offence to the property of others;
« 14° To consume narcotics;
« 15° To consume, without medical authorization, drug substitution products, psychotropic substances or substances that may affect behaviour;
« 16° To be in a state of debriety;
« 17° To provoke a typing of nature to disturb the order of the establishment;
« 18° To induce a detained person to commit any of the breaches listed in this section or to provide assistance for that purpose.
"Art.R. 57-7-3.-Constitutes a third-degree disciplinary misconduct, for a detained person:
« 1° To formulate contempt or threats in letters addressed to administrative and judicial authorities;
« 2° To formulate, in letters addressed to third parties, threats, insults or insults against any person who is in the institution or against the administrative and judicial authorities, or to formulate in these letters threats against the security of persons or the institution;
« 3° To refuse to comply with the injunctions of the staff of the establishment;
« 4° Failure to comply with the provisions of the establishment's rules of procedure or the specific instructions issued by the head of establishment;
« 5° To obstruct or attempt to interfere with work, training, cultural, cult or leisure activities;
« 6° irregularly communicate with a detained person or any other person outside the facility;
« 7° Failure to preserve or maintain the cleanliness of its cell or common premises;
« 8° Disposal of any object or substance by the windows of the establishment;
« 9° To make improper or harmful use of objects authorized by the rules of procedure;
« 10° To practice games prohibited by the rules of procedure;
« 11° To induce a detained person to commit any of the breaches listed in this section or to provide assistance for that purpose.
"Art.R. 57-7-4.-The facts listed in sections R. 57-7-1 to R. 57-7-3 are disciplinary offences even when committed outside the prison. In this case, the violence, degradation, threats referred to in 1° and 10° of Article R. 57-7-1 and 1° and 11° of Article R. 57-7-2 may be held as disciplinary errors, regardless of the quality of the person concerned or the owner of the property in question.
"Subsection 2
“From disciplinary proceedings
"Art.R. 57-7-5.-For the exercise of his disciplinary skills, the Chief of Institution may delegate his signature to his deputy, a Director of Correctional Services or a member of the Supervisory Personnel Command Corps under his authority.
"For ordinary individual cell confinement and disciplinary cell placement decisions, when taken as a preventive measure, the head of institution may also delegate his signature to a penitentiary major or first supervisor.
“paragraph 1
“From the Discipline Commission
"Art.R. 57-7-6.-The Disciplinary Commission shall include, in addition to the Chief of Institution or his Delegate, President, two assessors.
"Art.R. 57-7-7.-Disciplinary sanctions are imposed by the chair of the Disciplinary Commission in committee. Assessor members have an advisory voice.
"Art.R. 57-7-8.-The chair of the Disciplinary Committee shall designate the assessors.
"The first assessor is selected from the members of the first or second grade of the supervision and application body of the facility's supervisory staff.
"The second assessor is chosen from persons outside the prison administration who express interest in the issues relating to the functioning of penitentiary institutions, authorized for this purpose by the president of the territorially competent court. The list of these persons is held at the registry of the High Court.
"Art.R. 57-7-9.-Each member of the Disciplinary Commission must perform his duties with integrity, dignity and impartiality and respect the secrecy of the proceedings.
"Art.R. 57-7-10.-Can not be listed under the third paragraph of Article R. 57-7-8:
« 1° Minors;
« 2° Persons in an irregular situation with regard to the provisions relating to entry and residence in the national territory;
« 3° Persons who have been sentenced for less than five years referred to in Bulletin 2 of the criminal record;
« 4° Staff of the prison administration, the judicial protection of youth and casual employees of the prison public service;
« 5° The spouses, concubines, parents or allies to the degree of uncle or nephew inclusively of a prison staff or any person bound by a civil pact of solidarity with a prison staff;
« 6° Judges of the administrative or judicial order in office;
« 7° Officials of the judicial services in office;
« 8° Lawyers and lawyers at the State Council and the Court of Cassation in office;
« 9° Officers of the police and gendarmerie in office.
"Art.R. 57-7-11.-Ne may be designated to serve on the Disciplinary Commission:
« 1° Persons detained;
« 2° spouses, concubines, parents of a person detained in the institution or any person bound by a civil pact of solidarity with a detained person;
« 3° Persons holding a visiting permit to meet with a person detained in the facility.
"Art.R. 57-7-12.-It is prepared by the head of establishment a working board for a specified period of time for external assessors to serve on the discipline committee.
“Paragraph 2
"From the disciplinary process
"Art.R. 57-7-13.-In the event of a breach of discipline that warrants a disciplinary sanction, a record is prepared as soon as possible by the officer present during the incident or informed of the incident. The author of this record cannot sit on a disciplinary committee.
"Art.R. 57-7-14.-A subsequent to this incident report, a report is prepared by a staff member of the supervisory staff, a penitentiary major or a first supervisor and addressed to the Chief of Institution. This report contains any useful information on the circumstances of the facts referred to the detained person and the personality of the detained person. The author of this report cannot serve as a disciplinary committee.
"When the detained person is a minor, the Public Sector Service for Youth Judicial Protection, which is seized by the head of institution, reports on the personal, social and family situation of the person concerned.
"Art.R. 57-7-15.-The head of institution or his delegate appreciates, in the light of the reports and, where applicable, any additional information, the opportunity to continue the proceedings. Disciplinary proceedings may not be carried out more than six months after the discovery of the charges against the detained person.
"Art.R. 57-7-16. -In the event of a disciplinary action, the facts and their legal qualification are brought to the attention of the detained person. Disciplinary proceedings are available.
"The detained person is informed of the date and time of his appearance before the disciplinary committee and of the time available to prepare his defence. This period may not be less than twenty-four hours.
"It has the ability to be assisted by a lawyer of his choice or by a lawyer designated by the Bar Association and can benefit from legal aid in this regard.
"If the detainee is a minor, the detainee is necessarily assisted by a lawyer.If a lawyer is not chosen by the detainee or his legal representatives, the detainee is assisted by a lawyer designated by the staff member.
"Art.R. 57-7-17. -The detained person is summoned in writing to the disciplinary committee.
"The summons reminds him of his rights under article R. 57-7-16.
"If the detained person is a minor, the copy of the summons is sent to the holders of the parental authority or its legal representatives.
"Art.R. 57-7-18.-The head of institution or his delegate may, as a preventive measure and without delay the meeting of the Disciplinary Commission, decide the confinement in an ordinary individual cell or the placement in a disciplinary cell of a detained person, if the facts constitute a fault of the first or second degree and if the measure is the only means of ending the fault or preserving the order within the institution.
"For minors between the ages of sixteen and eighteen, preventive placement in a disciplinary cell is only possible for the faults set out in 1°,2°,3°,4°,5°,6° and 7° of article R. 57-7-1.
"Art.R. 57-7-19.-The duration of confinement in an ordinary individual cell or placement in a disciplinary cell, as a preventive measure, is limited to the strict requirement and cannot exceed two working days.
"The period of computation of preventive placement begins on the day after the day of the preventive placement. It expires on the second day of the preventive placement at 24 hours. The period that would expire on a Saturday, Sunday or a holiday or holiday is extended until the next business day.
"Art.R. 57-7-20.-The duration of confinement or in a preventive disciplinary cell is imputed on that of the penalty to be imposed against the person in custody of the ordinary individual confinement penalty or the penalty for placement in a disciplinary cell.
"Art.R. 57-7-21.-The preventive placement in confinement or in a disciplinary cell is carried out under the conditions set out in R. 57-7-38 at R. 57-7-40 and R. 57-7-43 at R. 57-7-46.
"Art.R. 57-7-22.-When the fault committed to the detained person has been committed during or on the occasion of the employment that he or she occupies, the head of institution or his or her delegate may, as a preventive measure and without delay the meeting of the discipline committee, decide to suspend the exercise of the professional activity of that person until his or her appearance before the disciplinary committee, if this measure is to cease the misconduct
"Art.R. 57-7-23. -The duration of the preventive suspension is limited to the strict requirement and may not exceed eight working days for adults and three working days for minors over the age of sixteen. The period of computation of the preventive suspension begins on the day after the suspension is pronounced. It expires on the eighth day after the suspension is pronounced at 24 hours or on the third day at 24 hours for minor persons. The period that would expire on a Saturday, Sunday or a holiday or holiday is extended until the next business day.
"Art.R. 57-7-24. -The duration of the suspension carried out as a preventive measure is imputed to the length of the penalty to be imposed against the detained person for suspension of employment.
"Art.R. 57-7-25.-When appearing before the Disciplinary Commission, the detained person submits his or her observations. She is, if any, assisted by a lawyer.
"If the detained person is a minor, a member of the Public Sector Service for the Protection of Juvenile Justice, notified by the head of institution, may attend the Disciplinary Committee and orally submit his or her observations on the personal, social and family situation of the minor.
"If the detained person does not understand the French language, is not in a position to speak in that language or is physically unable to communicate, his or her explanations are presented, to the extent possible, through an interpreter designated by the head of institution.
"Art.R. 57-7-26. -The decision on disciplinary sanctions is pronounced in the presence of the detained person. It shall be notified in writing without delay and shall include, in addition to the indication of its grounds, the recall of the provisions of Article R. 57-7-32.
"Art.R. 57-7-27. -The penalty may not be enforced more than six months after it has been pronounced subject to the rules applicable to stay and suspension set out in R. 57-7-54 to R. 57-7-61.
"Art.R. 57-7-28.- Within five days of the decision to impose a disciplinary penalty against a major person, the head of institution shall transmit a copy of the decision, on the one hand, to the interregional director of the prison services and, on the other hand, to the judge of enforcement of the sentences or, where applicable, to the magistrate who is seized of the proceedings under whose control the detained person is.
"It reports to the commission of the application of the penalties for any disciplinary cell sanction or confinement in the ordinary individual cell, if its duration exceeds seven days.
"Art.R. 57-7-29.- Within five days of the decision to impose a disciplinary penalty against a minor, the head of institution shall transmit a copy of the decision, on the one hand, to the interregional director of the prison services and to the interregional director of the judicial protection of the youth and, on the other hand, to the judge of the children or, where applicable, to the judge who is in custody of the proceedings It also advises the holders of the parental authority or the legal representatives of the minor person.
"It reports to the sentencing commission and the multidisciplinary team responsible for the individual follow-up of the minor to any ordinary individual cell confinement sanction and any disciplinary cell sanction imposed against a minor person.
"Art.R. 57-7-30.-Disciplinary sanctions are recorded on a register held under the authority of the head of institution. This register is presented to the administrative and judicial authorities during their inspection or inspection visits.
"Disciplinary cell sanctions are also listed on the disciplinary district registry under the authority of the head of institution. This register is presented to the administrative and judicial authorities during their inspection or inspection visits.
"Art.R. 57-7-31. -The list of persons placed in confinement in the ordinary individual cell and those present in the disciplinary district is communicated daily to the medical team. The doctor examines on-site each person detained at least twice a week and as often as he considers it necessary. The penalty is suspended if the doctor finds that his execution is likely to compromise the health of the person concerned.
“Paragraph 3
“A remedy
"Art.R. 57-7-32. -The detainee who intends to challenge the penalty imposed on him by the Disciplinary Commission must, within fifteen days from the date of notification of the decision, forward it to the Interregional Director of Prison Services prior to any litigation. The Interregional Director has a period of one month from the receipt of the appeal to respond by reasoned decision. The lack of response within this period is a decision to reject.
"Subsection 3
« Sanctions
“Paragraph 1
“The penalties imposed
"Art.R. 57-7-33.-When the detained person is a major, the following disciplinary penalties may be imposed:
« 1° The warning;
« 2° The prohibition of receiving external subsidies for up to two months;
« 3° The deprivation for a maximum period of two months of the faculty to make in canteen any purchase other than that of hygiene products, the necessary correspondence and tobacco;
« 4° Deprivation for up to one month of any device purchased or leased through the administration;
« 5° The deprivation of a cultural, sporting or leisure activity for a maximum period of one month;
« 6° Containment in ordinary individual cells, if any, of the deprivation of any device purchased or leased through the administration during the period of enforcement of the sanction;
« 7° Disciplinary cell.
"Art.R. 57-7-34.-When the detained person is a major, the following disciplinary penalties may also be imposed:
« 1° The suspension of the classification decision in a job or training for a maximum of eight days when the disciplinary fault was committed during or during the activity under review;
« 2° Declassification of employment or training where disciplinary misconduct has been committed during or during the activity under review;
« 3° The removal of access to the parlour without a separation device for a maximum period of four months when the fault was committed during or during a visit;
« 4° The execution of a cleaning work for a global period not exceeding forty hours when disciplinary misconduct is in relation to a breach of the rules of hygiene.
"The sanction provided for in the 4th may only be pronounced after having previously collected the consent of the detained person.
"Art.R. 57-7-35.-Where the detained person is a minor, the following penalties may be imposed:
« 1° The warning;
« 2° The deprivation for a maximum period of fifteen days of the faculty to make in canteen any purchase other than that of hygiene products and the necessary correspondence;
« 3° The deprivation for a maximum period of fifteen days of any audiovisual device whose minor has personal use;
« 4° A repair activity;
« 5° The deprivation or restriction of cultural, sports and leisure activities for a maximum period of eight days;
« 6° Containment in ordinary individual cell.
"However, the minor person of sixteen years of age can only be confined when the facts committed constitute one of the faults set out in 1°,2°,3°,4°,5°,6° and 7° of Article R. 57-7-1.
"Art.R. 57-7-36.-When the detained person is under the age of sixteen, the following penalties may be imposed:
« 1° Disciplinary confinement, where the acts committed are:
“(a) The errors set out in 1°,2°,3°,4°,5°,6° and 7° of article R. 57-7-1;
“(b) The threats set out in 1° and 8° of Article R. 57-7-2 and the errors set out in 6° and 7° of the same article;
« 2° The suspension of the classification decision in a job or training activity for a maximum of three days when the disciplinary fault was committed during or during the work or activity.
"Art.R. 57-7-37.-The penalty of repair activity provided for in the 4th of Article R. 57-7-35 consists of:
« 1° Orally apologize to the victim of the misconduct;
« 2° Write an apology letter;
« 3° Write a written statement on the fault committed and the harm it caused;
« 4° Carry out cleaning or storing of the facility's premises for a global period not exceeding ten hours when disciplinary misconduct is related to a breach of the hygiene rules.
"The chair of the Discipline Commission determines the nature of the repair activity. It collects the consent of the minor and the holders of the exercise of the parental authority or its legal representatives prior to the award of the penalty of compensation.
“Paragraph 2
“Containment in the ordinary cell
"Art.R. 57-7-38.-The confinement in a cell provided for in the 6th of Article R. 57-7-33 and 6th of Article R. 57-7-35 shall take the placement of the detained person in an ordinary cell held alone.
"Art.R. 57-7-39.-Containment in a cell shall, for its duration, be suspended from the ability to make in a canteen any purchase other than that of hygiene products, the need for correspondence and, for major persons, tobacco and suspension of access to activities, subject to the provisions of section R. 57-7-40.
"Art.R. 57-7-40.-The person confined in a cell has at least one hour of free air walk. The confinement penalty in a cell does not result in any restrictions on its written correspondence, telephone communication or the right to receive visits. It retains the possibility of attending religious offices.
"Containment in a cell does not, in respect of a minor detainee, result in the interruption of schooling or training.
"Art.R. 57-7-41. -For major persons, the duration of confinement in the cell cannot exceed twenty days for a first degree fault, fourteen days for a second degree fault and seven days for a third degree fault.
"This period may be extended to thirty days when the facts committed constitute one of the errors set out in 1° and 2° of Article R. 57-7-1.
"Art.R. 57-7-42.-In respect of a minor person over the age of sixteen, the duration of confinement in a cell cannot exceed seven days for a first degree fault, five days for a second degree fault and three days for a third degree fault.
"In respect of the sixteen-year-old, the duration of confinement is not more than three days.
“Paragraph 3
"From the disciplinary cell
"Art.R. 57-7-43.-The placement in a disciplinary cell in the 7th section of R. 57-7-33 and R. 57-7-36 is in the placement of the person detained in a cell fitted to that effect and must be held alone.
"Art.R. 57-7-44. -The penalty of a disciplinary cell shall, for the duration of its duration, be suspended from the faculty to make in canteen any purchase other than the purchase of hygiene products, the necessary correspondence and, for major persons, tobacco and the suspension of access to activities, subject to the provisions of section R. 57-7-45.
"Art.R. 57-7-45. -People placed in a disciplinary cell have at least one hour of individual walk in a court dedicated to this effect.
"The disciplinary cell penalty does not impose any restrictions on persons detained on their written correspondence rights.
"They retain the ability to make telephone calls during the execution of their sanction. However, this faculty is limited to a seven-day telephone call or an appeal if the penalty is less than seven days.
"They may meet with their lawyer, consular representative, the Ombudsman of the Republic and its delegates, the Comptroller General of Places of Deprivation of Liberty and its controllers, members of the medical team, prison staff and chaplain of the cult of their choice.
"Men majors retain the ability to meet with visiting permit holders or the prison visitor in charge of their follow-up once a week.
"For minor persons, the penalty of a disciplinary cell does not impose any restrictions on their ability to receive visits from their families or any other person participating in their education and social integration. They may meet with public youth judicial protection personnel. They continue to benefit from access to education or training.
"Art.R. 57-7-46.- Subject to the provisions set out in the 3rd of Article R. 57-7-34, visiting permit holders meet with the person placed in a disciplinary cell in a parlour without a separation device.
"However, in the cases provided for in R. 57-8-12, the head of institution may decide that the visits will take place in a parlour with a separation device.
"Art.R. 57-7-47. -For major persons, the duration of the disciplinary cell cannot exceed twenty days for a first degree disciplinary fault, fourteen days for a second degree disciplinary fault and seven days for a third degree disciplinary error.
"This period may be extended to thirty days when the facts committed constitute one of the errors set out in 1° and 2° of Article R. 57-7-1.
"Art.R. 57-7-48. -The duration of the placement in the disciplinary cell of persons under 16 years of age may not exceed seven days for a first degree fault and five days for a second degree fault.
“Paragraph 4
“From the imposition of sanctions
"Art.R. 57-7-49. -The chair of the Disciplinary Commission pronounces sanctions that appear to him proportionate to the gravity of the facts and adapted to the personality of their author. For juvenile detainees, it takes into account, inter alia, their age and degree of discernment.
" Collective sanctions are prohibited.
"Art.R. 57-7-50.-When the detained person is a major, the chair of the Disciplinary Commission may, for the same fault, impose one of the penalties provided for in section R. 57-7-33 and, if applicable, one of the penalties provided for in section R. 57-7-34.
"Art.R. 57-7-51.-When the discipline commission is required to take action on the same day on several faults committed by the same major person, the chair of the commission may make, for each fault, one of the penalties provided for in article R. 57-7-33 and, if applicable, one of the sanctions provided for in article R. 57-7-34.
"Unless the President of the Disciplinary Commission decides otherwise, the duration of the sanctions imposed shall be combined. However, in cumulative cases, where the sanctions are similar, their cumulative duration cannot exceed the maximum limit for the most serious fault. For the purposes of this provision, the following are deemed to be of the same nature:
« 1° Containment in an ordinary individual cell and placement in a disciplinary cell;
« 2° The deprivation of the ability to make canteen purchases and the prohibition of receiving subsidies;
« 3° The deprivation of any equipment purchased or leased through the administration and the deprivation of cultural, sports or leisure activities.
"Art.R. 57-7-52.-When the detained person is a minor, the chair of the Disciplinary Commission may only pronounce, for the same fault, one of the sanctions provided for in sections R. 57-7-35 or R. 57-7-36.
"Art.R. 57-7-53.-When the discipline commission is required to decide on the same day on several faults committed by the same minor person, the chair of the commission may, for each fault, impose one of the penalties provided for in articles R. 57-7-35 or R. 57-7-36.
"Unless the President of the Disciplinary Commission decides otherwise, the duration of the sanctions imposed shall be combined. However, in cumulative cases, where the sanctions are similar, their cumulative duration cannot exceed the maximum limit for the most serious fault. For the purposes of this provision, the following are deemed to be of the same nature:
« 1° Containment in an ordinary individual cell and placement in a disciplinary cell;
« 2° The deprivation of any audiovisual device whose minor has personal use and the deprivation of cultural, sports and leisure activities.
"Art.R. 57-7-54. -The chair of the Disciplinary Commission may grant the benefit of the stay for all or part of the execution of the disciplinary penalty either during the delivery of the disciplinary penalty or during its execution.
"Art.R. 57-7-55.-When granting the benefit of the stay, the chair of the Disciplinary Commission shall set a time limit for the suspension of the penalty without the latter being able to exceed six months when the detained person is a major or three months if it is a minor. He draws the attention of the detained person to the consequences of the stay as set out in sections R. 57-7-56 and R. 57-7-57.
"Art.R. 57-7-56.-If, during the period of suspension of the sanction, the detained person commits a new fault giving rise to a sanction, regardless of the nature or degree of the offence, the stay is, unless the chair of the commission decides otherwise, revoked in full right. The first penalty is then executed cumulatively with the second fault.
"However, where the two sanctions are of the same nature, their cumulative duration cannot exceed the limit of the maximum for the most serious fault set out in articles R. 57-7-33 to R. 57-7-37, R. 57-7-41, R. 57-7-42, R. 57-7-47 and R. 57-7-48. For the purposes of this provision, the following are deemed to be of the same nature:
« 1° Containment in an ordinary individual cell and placement in a disciplinary cell;
« 2° The deprivation of the ability to make canteen purchases and the prohibition of receiving subsidies;
« 3° The deprivation of any device purchased or leased through the administration and the deprivation or restriction of a cultural, sports or leisure activity;
« 4° The deprivation of any audiovisual device whose minor has personal use and the deprivation of cultural, sports and leisure activities.
"In any event, the penalty for putting in a disciplinary cell is carried out before any other sanction.
"Art.R. 57-7-57.-If, during the period of suspension of the sanction, the detained person did not commit any disciplinary misconduct resulting in a sanction, the penalty with the stay is deemed to be non-agreed. Reference is made to the register referred to in the first paragraph of section R. 57-7-30.
"Art.R. 57-7-58.-When ordering a stay of one of the sanctions provided for in the 6th and 7th of Article R. 57-7-33 imposed against a major person, the chair of the Disciplinary Commission may decide that it shall, for any or part of the period of suspension of the sanction, perform cleaning work for a total period of not exceeding forty hours.
"When ordering a stay of one of the cell sanctions provided for in Article R. 57-7-35 and Article R. 57-7-36 against a minor over the age of sixteen, the chair of the disciplinary committee may decide that he or she will have to perform, for all or part of the period of suspension of the penalty, work of cleaning for a general period of not exceeding twenty.
"The consent of the detained person must be previously collected.
“The provisions of articles R. 57-7-54 to R. 57-7-57 and R. 57-7-59 are, for the surplus, applicable to the condition ordered under the conditions provided for in this article.
"Art.R. 57-7-59.-The stay may be revoked in whole or in part, in the event of total or partial non-performance of the ordered work. The non-performance must be found by the disciplinary authority on the report of a staff member, the detained person having been previously heard. When it is a minor, the observations of the Public Sector Service for the Judicial Protection of Youth are collected.
"Art.R. 57-7-60.-The head of institution or his or her delegate may, at the time of the pronouncement or during the execution of the sanction, dispense the detained person with all or part of his or her execution either because of the proper conduct of the interest, or on the occasion of a legal feast or a national event, or to attend a training or examination, or to allow him to follow a medical examination.
"For the same reasons, when pronounced or during the execution of the penalty, he may decide to suspend or split the execution of the penalty.
"Art.R. 57-7-61.-When the suspension period exceeds six months, the penalty cannot be reduced to enforcement.
“Section 2
"From isolation
"Subsection 1
"From detention to isolation
"Art.R. 57-7-62.-The segregation of a detained person, by means of protection or security, whether taken on his or her own behalf or upon the request of the detained person, is not a disciplinary measure.
"The detained person in solitary confinement is in a cell alone.
"It retains its rights to information, visits, written and telephone correspondence, the exercise of worship and the use of its name account.
"It cannot participate in the walks and collective activities to which persons detained under the ordinary detention system may claim, unless authorized, for a specific activity, given by the head of institution.
"However, the head of institution shall, to the extent possible and according to the personality of the detained person, organize activities common to persons held in solitary confinement.
"The detained person placed in solitary confinement has at least one hour of free-air walking.
"Art.R. 57-7-63. -The list of persons detained in solitary confinement is communicated daily to the staff of the facility's ambulatory counselling and care unit.
"The doctor examines on site each person detained at least twice a week and as often as he considers it necessary.
"This physician, whenever he or she considers it useful in relation to the health of the detained person, issues a notice of the opportunity to end the isolation and transmits it to the head of institution.
"Subsection 2
"From the segregation procedure
by decision of the administration
"Art.R. 57-7-64.-When an initial or extension decision is considered, the detained person is informed, in writing, of the reasons invoked by the administration, of the procedure and the time available to him to prepare his or her observations. The time limit available to it may not be less than three hours from the time it is able to consult the elements of the proceedings, in the presence of its lawyer, if requested. The head of institution may decide not to communicate to the detained person and his or her lawyer any information or documents in his or her possession that contain elements that may affect the security of persons or correctional institutions.
"If the detained person does not understand the French language, the information is presented via an interpreter designated by the head of institution. The same is true of her observations, if she is not able to speak in French.
"The observations of the detained person and, where appropriate, his or her lawyer are attached to the case file. If the inmate presents oral comments, they are the subject of a written record signed by the inmate.
"The Chief of Institution, after having previously collected the written advice of the physician involved in the institution, shall forward the record of the procedure with his observations to the Interregional Director of Prison Services when the decision falls within the authority of the institution or the Minister of Justice.
"The decision is motivated. It is promptly notified to the person detained by the head of institution.
"Art.R. 57-7-65. -In the event of an emergency, the head of institution may decide on the temporary placement of the detained person, if the measure is the only way to preserve the security of the persons or the establishment. The temporary placement in isolation may not exceed five days.
"At the end of a five-day period, if no decision on isolation made under the conditions set out in this section has taken place, the isolation is terminated.
"The duration of temporary placement in isolation is imputed on the total duration of isolation.
"Art.R. 57-7-66.-The head of institution decides to segregate for a maximum of three months. It can renew the measure once for the same duration.
"He shall promptly report to the Interregional Director on his decision.
"Art.R. 57-7-67.-At the end of six months, the Interregional Director of Prison Services can extend the isolation for a maximum of three months.
"The decision is made on the reasoned report of the Chief of Institution.
"This decision can be renewed once and for the same time.
"Art.R. 57-7-68.-When the detained person has been in solitary confinement for one year from the original decision, the Minister of Justice may extend the isolation for a maximum of three months renewable.
"The decision shall be taken on a substantiated report by the interregional director seized by the head of institution in accordance with the terms of Article R. 57-7-64.
"Isolation cannot be extended beyond two years unless, on an exceptional basis, the placement in solitary confinement is the only means of ensuring the safety of persons or the establishment.
"In this case, the extension decision must be specifically motivated.
"Art.R. 57-7-69.-Where an inmate is subject to an ex officio isolation measure is transferred, the placement in solitary confinement is temporarily held upon the arrival of the inmate in the new facility.
"At the end of a fifteen-day period, if no isolation decision has been made, it is terminated in isolation.
"If the remaining period is less than fifteen days, the segregation measure shall end the date provided for in the original decision or extension.
"Subsection 3
"From the segregation procedure
upon request of the detained person
"Art.R. 57-7-70. -The detained person who requests his or her placement in isolation or the extension of his or her isolation shall send a written and motivated request to the head of the institution. If the detained person is unable to submit a written request, the application shall be the subject of a written record signed by the detained person.
"The head of institution after having previously collected the written advice of the attending physician to the institution shall forward the request of the detained person with his or her observations to the interregional director of penitentiary services when the decision falls within the jurisdiction of the prisoner or the Minister of Justice.
"The head of institution may decide on an isolation placement for a maximum of three months. It can renew the measure once for the same duration.
"At the end of a period of six months, the Interregional Director of Prison Services can extend isolation for a maximum of three months. The decision is based on the reasoned report of the Chief of Institution. This decision may be renewed once for the same period.
"When the detained person has been placed in solitary confinement for one year from the original decision, the Minister of Justice may extend the isolation for a maximum of three months renewable. The decision shall be taken on a substantiated report by the interregional director seized by the head of establishment in accordance with the terms of this article. Isolation may not be extended beyond two years except, on an exceptional basis, if solitary confinement is the only means of ensuring the security of the detained person.
"Art.R. 57-7-71.-When the detained person is transferred, if the detained person renews his or her application for solitary confinement upon arrival in the new facility, the measure is maintained on an interim basis.
"The competent authority shall have fifteen days to decide on the application.
"At the end of this period, if no isolation decision has been made, it is terminated isolation.
"Art.R. 57-7-72.-Isolation shall be lifted by the head of institution as soon as the inmate requests.
"When the decision-making authority plans to lift the isolation without the consent of the detained person, the decision shall be taken in accordance with the terms referred to in R. 57-7-64.
"Subsection 4
“Common provisions
"Art.R. 57-7-73.-For the initial decision only for subsequent extension decisions, it is taken into account the personality of the detained person, his or her particular danger or vulnerability, and his or her health status.
"The written notice of the physician involved in the establishment is collected prior to any proposed renewal of the measure beyond six months and placed on the record of the procedure.
"Art.R. 57-7-74.-When the detained person has already been placed in solitary confinement and if this measure has been interrupted less than a year, the duration of the previous isolation is imputed on the duration of the new measure.
"If the interruption is more than one year, the new measure is an initial decision to place the confinement within the jurisdiction of the head of institution.
"Art.R. 57-7-75.-The hospitalization of the detained person or his placement in a disciplinary cell is without effect on the term of the previously decided isolation.
"Art.R. 57-7-76.-It may be terminated at any time by the authority that has taken the measure or has extended it, on its own or at the request of the detained person.
"Art.R. 57-7-77.-Any investment decision, extension or termination of the confinement is recorded in a record on the individual file of the detained person.
"There is a record of isolation measures under the responsibility of the head of institution. This register is covered by the administrative and judicial authorities during their inspection and inspection visits.
"Art.R. 57-7-78.-A decision on placement or extension of solitary confinement shall be communicated without delay by the head of institution to the judge of enforcement of sentences if it is a convicted person or to the magistrate who is seized of the proceedings if it is a defendant.
"When solitary confinement is extended beyond a year, the head of institution, prior to the decision, requests the judge's notice of the application of the sentences if it is a convicted person or the magistrate who is seized of the proceedings if it is a defendant.
"The detained person may send to the judge of the application of the penalties or to the magistrate who is seized of the record of the proceedings any comments concerning the decision taken on him or her.
"At least once a quarter, the head of institution shall report to the commission on the application of the penalties for the number and identity of persons held in solitary confinement and the duration of the sentence for each of them.
“Section 3
"Means of control and coercion
"Subsection 1
"A means of control
"Art.R. 57-7-79.-The search measures for detained persons, whether integral or by palpation, shall be implemented by a decision of the head of institution to prevent the risks mentioned in first paragraph of Article 57 of Law No. 2009-1436 of 24 November 2009. Their nature and frequency are decided in the light of the personality of the persons concerned, the circumstances of life in detention and the specificity of the institution.
"Art.R. 57-7-80. -The detained persons are searched whenever there are elements to suspect a risk of escape, the entry, exit or movement in detention of prohibited or dangerous objects or substances for the safety of persons or the proper order of the establishment.
"Art.R. 57-7-81. -The detained persons can only be searched by agents of their sex and under conditions that, while ensuring the effectiveness of control, preserve the respect for the inherent dignity of the human person.
"Art.R. 57-7-82.-When the detained person is suspected of ingesting substances or objects or concealing them in his or her person, the head of institution shall apply to the prosecutor of the Republic for the purpose of carrying out an internal investigation by a physician. He attached to his request any elements of a nature to justify it.
"Subsection 2
“Constraints
"Art.R. 57-7-83. - Prison administration personnel shall use force to detained persons only in cases of self-defence, attempted escape, violent resistance or physical inertia to the orders given, provided that such use is proportionate and strictly necessary to prevent escapes or to restore order.
"Art.R. 57-7-84. -In penitentiary institutions, apart from self-defence, surveillance and management personnel of the prison administration may not use firearms, provided that such use is proportionate and preceded by high-voted summations, except in the case of:
« 1° An escape attempt that cannot be stopped by other means;
« 2° At risk of the establishment resulting from intrusion, violent resistance on the part of several detained persons or their physical inertia at the given orders.
"In addition to penitentiary institutions, and as part of the exercise of their duties, prison officials and supervisors may use firearms only in the event of self-defence.
“Chapter VI
“ Movements of detained persons
None.
“Chapter VII
“From asset management
and maintenance of detained persons
None.
“Chapter VIII
"Health of detained persons
“Section 1
“General provisions
"Art.R. 57-8-1.- Physicians responsible for general medical services involved in outpatient counselling and care units and in regional medico-psychological services targeted to theArticle R. 3221-5 of the Public Health Code medical consultations, as a result of requests made by the detained person or, where appropriate, by the prison staff or by any other person acting in the interest of the detained person.
"These doctors are also responsible for:
« 1° Conduct a systematic medical examination for detainees from the state of freedom;
« 2° Conduct visits to persons held in the disciplinary district or confined to an ordinary cell under the conditions set out in section R. 57-7-31, whenever these doctors feel it necessary and at least, in any event, twice a week;
« 3° Conduct visits to persons detained in solitary confinement, under the conditions set out in section R. 57-7-63, whenever these doctors feel it necessary and at least twice a week;
« 4° Conduct examination of detained persons seeking certificates of incapacity to work for medical reasons;
« 5° Conduct the medical examination of detained persons seeking a certificate relating to the practice of a sporting activity;
« 6° Conduct a medical examination of detained persons seeking a change in assignment or any modification or alteration of their detention regime.
"Art.R. 57-8-2.-The physicians referred to in section R. 57-8-1 shall ensure that the transmission, to the medical staff of the new facility, of elements relevant to the continuity of the care of the detained persons is ensured on the occasion of their transfer pursuant to Articles R. 1112-1 and R. 1112-2 of the Public Health Code.
“Section 2
"Medical monitoring of certain detainees
"Art.R. 57-8-3.-People sentenced to a socio-judicial follow-up, regardless of the reason, as well as persons convicted for the murder or murder of a 15-year-old minor preceded or accompanied by rape, torture or barbaric acts or for any offence referred to in sections 222-23 to 222-32 and 227-25 to 227-27 of the Criminal Code shall carry out a prison sentence. These facilities are:
« 1° Penitentiary establishments in a regional medical-psychological service;
« 2° Penalty institutions with functional unit attached to a regional medical-psychological service;
« 3° Prisons in which the general psychiatry sector operates in accordance with the protocols provided by the Articles R. 6112-16 and R. 6112-24 of the Public Health Code.
"Art.R. 57-8-4.-The head of institution shall report to the psychiatrist involved in the establishment referred to in section R. 57-8-3. It also provides a summary of the criminal situation as well as the psychological or psychiatric expertise retained in the individual case file of the detained person.
"Art.R. 57-8-5.-Before their release, the persons referred to in section R. 57-8-3 are subject to a psychiatric examination to prepare, where appropriate, appropriate post-penal care.
"Art.R. 57-8-6.- Persons in detention who are permanently prevented, due to functional limitations of the upper limbs in connection with a physical disability, from carrying out their own actions related to care prescribed by a doctor may designate a caregiver, including another detained person, to enable the conduct of these acts, during periods of absence of caregivers.
"The designated person must expressly consent to it.
« Les provisions of the second paragraph of Article L. 1111-6-1 of the Public Health Code are applicable to the inmate person and the inmate who she has designated.
"The head of institution may object to the designation of a caregiver for reasons related to the security of persons or the maintenance of order within the institution.
“Chapter IX
" Relations of persons held with the outside
“Section 1
« Visits
"Subsection 1
“From family reconciliation
"Art.R. 57-8-7.-The Interregional Director of Penitentiary Services, after a judge's notice of the proceedings, may apply for the family reconciliation of the detained person whose investigation is completed and who awaits his appearance before the court of judgment.
"The Minister of Justice may, under the same conditions, grant such a request when the Minister has the effect of the transfer:
« 1° From one person held from one interregional direction to another;
« 2° A person registered in the directory of particularly reported inmates;
« 3° An accused person for acts of terrorism.
"Subsection 2
"From visiting permit
"Art.R. 57-8-8.-Visit permits shall be issued, refused, suspended or withdrawn for persons detained by the magistrate who are seized of the proceedings under the conditions laid down in Article 145-4. This magistrate may prescribe that the visits will take place in a parlor with separation device.
"Unless otherwise provided, these permits are valid until the eventual conviction acquires a final character, without affecting this validity a change of the judicial authority seized of the record of the proceedings.
"Art.R. 57-8-9.-The Attorney General at the Court of Appeal before the proceedings is competent to issue, refuse, suspend or withdraw visiting permits for detained persons who have been arrested following an extradition request from a foreign government.
"Art.R. 57-8-10. - For persons convicted, detained in prison or hospitalized in a health facility authorized to receive detainees, visiting permits are issued, refused, suspended or withdrawn by the head of the prison.
"However, when convicted persons are hospitalized in health facilities referred to in theArticle R. 6112-14 of the Public Health Code and in the conditions provided for by the second paragraph of article R. 6112-26 of the same code, in the units for sick or in the military hospitals, the visiting permits are issued, refused, suspended or withdrawn by the prefect and in Paris by the police prefect.
"Art.R. 57-8-11.-The head of institution shall be entitled to any visiting permit that is presented to him, unless exceptional circumstances require him to refer to the authority that issued the permit, or if the detained persons are materially prevented, or if, placed in a disciplinary cell, they have exhausted their right to a weekly parlour.
"Art.R. 57-8-12. -The visits take place in a parlour that does not have a separation device. However, the head of institution may decide that the visits will take place in a parlor with such a device:
« 1° If there are serious reasons to fear an incident;
« 2° In case of an incident occurred during an earlier visit;
« 3° At the request of the visitor or the person visited.
"The head of the institution shall inform the magistrate of his decision on the case file of the proceedings for detained persons and the enforcement of sentences for convicted persons.
"Art.R. 57-8-13. -Family parloirs are specially designed premises to allow detained persons to receive, without continuous and direct supervision, visits by major members of their family or major relatives accompanied, if any, by one or more minor children, for a period of not more than six hours during the day's diurnal part.
"Art.R. 57-8-14. - Family life units are specially designed premises to allow detained persons to receive, without continuous and direct supervision, visits by major members of their families or major relatives accompanied, if any, by one or more minor children, for a period of between six hours and seventy-two hours. The duration of the family life unit visit is set out in the permit.
"Art.R. 57-8-15.- Except for visits to family parloirs or family life units, a supervisor is present in the premises. He has the opportunity to hear the conversations.
"During the visits, detained persons and their visitors must speak in French or in a language that the supervisor is able to understand. Otherwise, the visit is permitted only if the issued permit expressly provides that the conversation may take place in a language other than French.
"The supervisor may terminate the visit for reasons that maintain good order and security or prevent offences.
" Incidents involving visitors are reported to the authority that issued the permit that assesses whether the permit must be suspended or withdrawn.
“Section 2
“From correspondence
"Subsection 1
“From written correspondence
“Paragraph 1
"From the control of written correspondence
"Art.R. 57-8-16. - Prisoners may correspond in writing every day and without limitation with any person of their choice.
"For the defendants, the magistrate who is seized of the record of the proceedings may object either in general or in respect of one or more consignees expressly mentioned in his decision.
"The correspondence written by the defendants or to them shall, unless the judge decides otherwise, be communicated to the judge.
"Art.R. 57-8-17. -The decision denying a person who is notified of the exercise of the right of correspondence is notified to him by any means.
"Art.R. 57-8-18. - Correspondence of detained persons, both received and sentied, must be written in plain language and shall not contain any comprehensible conventional sign or character of the only correspondents.
"This written in another language than French can be translated before delivery or shipment.
"Art. 57-8-19. -The decision to retain written correspondence, both received and sent, is notified to the person held by the head of institution no later than three days. When the decision concerns a convicted person, the head of institution shall inform the commission of the application of the penalties. When it concerns an accused person, he informs the magistrate of the proceedings.
"The correspondence is filed in the individual file of the detained person. She was given to her when she was released.
“Paragraph 2
“Specially protected correspondences
"Art.R. 57-8-20.- Correspondences to French and international administrative and judicial authorities mentioned in theArticle 40 of Act No. 2009-1436 of 24 November 2009 and to chaplains accredited to the establishment or sent by these persons are addressed under closed fold containing on the envelopes all relevant mentions to indicate the quality and professional address of its recipient or sender.
"Subsection 2
"From access to the phone
"Art.R. 57-8-21. -The magistrate in charge of the procedure may authorize the accused, detained in prison or hospitalized, to telephone family members or other persons to prepare for their reintegration.
"The decision includes the identity and call numbers of the recipients.
"Unless otherwise provided, this authorization is valid as long as the accused person has not been subject to a final conviction, without any impact on this validity the change of the judicial authority seized from the record of the proceedings.
"If the magistrate so requests, the number of calls and the identity of the recipients of the calls made by the accused person shall be communicated to him by the head of the institution.
"The magistrate may refuse, suspend or withdraw from an accused person the authorization to telephone a member of his or her family by reason of decision pursuant to theArticle 39 of Act No. 2009-1436 of 24 November 2009.
"Art.R. 57-8-22. -The decision to authorize, refuse, suspend or withdraw access to the telephone is notified to the person notified by any means.
"Art.R. 57-8-23. - For convicted persons, the decision to authorize, refuse, suspend or withdraw access to the telephone is taken by the head of institution. When convicted persons are hospitalized, the decision to authorize, refuse, suspend or withdraw access to the telephone is taken by the head of institution subject to medical requirements.
"Denial, suspension or withdrawal decisions can only be motivated by the maintenance of good order and security or by the prevention of offences.
“Chapter X
“Actions to prepare for reintegration
Persons detained
“Section 1
"From the activity of detained persons
"Art.R. 57-9-1.-The convicted detainee fulfils his or her obligations under theArticle 27 of Act No. 2009-1436 of 24 November 2009 where it carries out at least one of the following activities: work, vocational training, education, recidivism prevention programs, educational, cultural, sociocultural, sports and physical activities.
"Art.R. 57-9-2.-Previously at the performance of a work activity by the detained person, the act of engagement, signed by the Chief of Institution and the detained person, includes the description of the work position, the work plan, working hours, the main missions to be carried out and, where applicable, the particular risks associated with the position.
"It sets remuneration by indicating the hourly basis and related social contributions.
“Section 2
"From spiritual assistance
"Art.R. 57-9-3.-Each detained person must be able to meet the requirements of his religious, moral or spiritual life.
"When she arrives at the establishment, she is advised of her right to receive the visit of a minister of worship and to attend the religious offices and meetings organized by the persons authorized to do so.
"Art.R. 57-9-4.-The religious offices, the cult meetings and the spiritual assistance to the detained persons are assured, for the various cults, by registered chaplains.
"Art.R. 57-9-5.-The days and hours of the offices are fixed by the chaplains in accordance with the chief of establishment. They are organized in a premises determined by the head of establishment.
"Art.R. 57-9-6.-People detained may, at their request, speak as often as necessary with the chaplains of their confession. No action or sanction may hinder this faculty.
"The interview takes place, outside the presence of a supervisor, either in a parlour or in a premises intended for that purpose, or in the cell of the detained person and, if located in the disciplinary district, in a premises determined by the head of institution.
"People held in a collective work activity who ask to speak with a chaplain shall be provided with this interview outside the hours of work, or, exceptionally, by interrupting their activity, if this interruption does not affect the activity of the other persons detained.
"Art.R. 57-9-7.- Persons detained are allowed to receive or keep in their possession the objects of religious practice and the books necessary for their spiritual life.
“Section 3
"From socio-cultural action
"Art.R. 57-9-8.-The prohibition for detained persons to access a written or audio-visual publication containing serious threats to the security of persons and institutions or insulting or defamatory statements or signs against agents and employees of the public prison service or persons detained is taken by the Minister of Justice when it concerns all prisons. It is taken by the head of institution when it concerns a penitentiary institution or a detained person.
“Chapter XI
“From different categories of detained persons
“Section 1
"Inmates benefiting from a special regime
None.
“Section 2
“Detainees of foreign nationality
None.
“Section 3
“Detainees belonging to the armed forces
None.
“Section 4
« Minor detainees
"Art.R. 57-9-9.-The list of specialized juvenile correctional facilities and juvenile quarters of remand homes or penal institutions is set by order of the Minister of Justice.
"Art.R. 57-9-10. - Minor female inmates are housed in units under the supervision of their sex personnel.
“The activities organized in specialized juvenile correctional institutions can accommodate both sexes.
"Art.R. 57-9-11.-In exceptional circumstances, a detainee who reaches the majority in custody may be held in a juvenile district or a specialized juvenile correctional facility. She must have no contact with the defendants under the age of sixteen.
"It cannot be maintained in such an establishment beyond the age of eighteen years and six months.
"Art.R. 57-9-12. -The minor detainee is at night alone in a cell.
"On an exceptional basis, by a decision of the head of institution, she may be placed in a cell with a person in custody of her age either for medical reasons or because of her personality.
"In this case, overnight accommodation in the same cell cannot affect more than two minor people.
"Art.R. 57-9-13.-The services of the penitentiary administration and the public sector of the judicial protection of youth work together to support detained minors by organizing the individualization of their course in detention.
"Art.R. 57-9-14. - Public youth protection services provide ongoing educational intervention in juvenile detention.
"Art.R. 57-9-15. - Minors over sixteen years of age are engaged in educational activities to contribute to the development of their personality and to foster their social, academic and professional integration.
"The activities proposed for this purpose consist of teaching, training, socio-educational and sports activities.
"Art.R. 57-9-16.-Education and training activities are implemented by national education services.
"The public youth protection services provide the implementation of socio-educational activities.
"The sporting activities are organized by the services of the prison administration.
"Art.R. 57-9-17.-On an exceptional basis, the head of institution may authorize the participation of a minor detainee in the activities organized in the penitentiary with persons in custody, if the interest of the minor warrants it.
"This faculty cannot in any case relate to a minor defendant aged 13 to 16. »
1° Sections R. 18-2, R. 57-31 to R. 57-35 and R. 60-1 and R. 227-1 of the same code are repealed.
2° In the first paragraph of article R. 53-8-44 of the same code, the word "one" is replaced by the word "two".
I. - The third paragraph of article R. 57-7-8 and articles R. 57-7-10 to R. 57-7-12 of the Code of Criminal Procedure resulting from this decree come into force on the first day of the sixth month following that of its publication.
These provisions do not apply to disciplinary proceedings prior to their effective date.
II. - The provisions of section R. 57-7-68 of the same Code apply to proposals for an extension of the isolation measure before the Minister of Justice after the coming into force of this Order.
III. - Subject to the provisions of Article 4, this Decree shall apply throughout the territory of the Republic.
Book VI of the Code of Criminal Procedure (Part 2) is amended as follows:
A. ― Title I is amended as follows:
1° The title is thus written: « Title I. ― Provisions applicable in overseas departments, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon".
2° In R. 250, the words "of La Réunion et" are replaced by the words "of La Réunion, to the communities of Saint-Barthélemy, Saint-Martin and".
3° After the article R. 250, an article R. 250-1 is inserted as follows:
"Art. R. 250-1. - For their application in Saint-Pierre-et-Miquelon:
“(a) In article R. 57-6-21, the words: "and directors of penitentiary services for insertion and probation" are deleted;
“(b) Article R. 57-7-5 is as follows:
"Art. R. 57-7-5. ― For the exercise of his disciplinary skills, the Chief of Institution may delegate his signature to his or her deputy or to a supervisory staff.”
"(c) Article R. 57-7-8 is supplemented by a paragraph as follows:
"When there is no surveillance staff in the penitentiary facility holding one of the grades required by the second paragraph, the first assessor may be selected from the supervisory staff of another grade."
"(d) The last sentence of the article R. 57-7-13 is thus written: "To the extent possible, the author of this record does not sit on the disciplinary committee."
“e) Article R. 57-7-14 is supplemented by two paragraphs as follows:
"When there is no surveillance staff in the penitentiary institution other than the head of institution, holding one of the grades required by the first paragraph, the report may be written by a supervisory staff of another grade.
"To the extent possible, the author of this record does not sit on the discipline committee."
B. ∙ Title II is amended as follows:
1° In Chapter I and the third paragraph of Article R. 251, the reference: "R. 57-8" is replaced by the references: "R. 57-6-21, R. 57-6-22, R. 57-764 to R. 57-7-78, R. 57-7-83, R. 57-7-84 and R. 57-8-7".
2° In Chapter V, section R. 288 is replaced by the following provisions:
"Art. R. 288. - I. ― For their application in New Caledonia and French Polynesia:
« 1° Article R. 57-6-21 is as follows:
"Art. R. 57-6-21. ― The conditions under which access to the law in correctional institutions are established in the form of free legal permanences and consultations, called access points to the law, are determined by a convention between the representative of the State in the community and the competent institutions of New Caledonia and French Polynesia.”
« 2° The provisions of articles R. 57-7-31, R. 57-7-45, R. 57-7-63, R. 57-7-64, R. 57-7-70, R. 57-7-73, R. 57-8-1 and R. 57-8-2 relating to doctors in health facilities operating in penitentiary institutions and outpatient and care units operating in these facilities are applicable to physicians in community health facilities, who are responsible for medical services III of Article 99 of Law No. 2009-1436 of 24 November 2009.
"In the absence of a convention, the provisions of the articles referred to in the preceding paragraph apply to physicians involved in correctional facilities.
« 3° Article R. 57-8-10 is as follows:
"Art. R. 57-8-10. - For persons convicted, detained in prison, visiting permits are issued, refused, suspended or withdrawn by the head of the prison.
"When convicted persons are hospitalized in a community health facility, visiting permits are issued, refused, suspended or withdrawn by the State representative in the community."
“II. ― For its application in French Polynesia, the first paragraph of article R. 57-9-16 is as follows:
"Education activities are implemented by national education services, when they fall under higher education. The State can conclude with the competent authorities of French Polynesia a convention to define the modalities for the implementation of other teaching activities.”
3° In chapter V, section R. 288-1 for its application in New Caledonia is as follows:
"Art. R. 288-1. - I. ― The provisions of articles R. 57-7-10, R. 57-7-14, R. 57-7-25, R. 57-7-29, R. 57-7-45, R. 57-7-59, R. 57-9-13, R. 57-9-14 and R. 57-9-16 relating to the public youth protection sector and to the interregional youth protection director are applicable, as appropriate, to the local youth judicial protection service.
"II. ― The first paragraph of Article R. 57-9-16 is as follows:
"Education activities are implemented by national education."
4° In chapter V, after article R. 288-1, is created for its application in French Polynesia an article R. 288-2 as follows:
"Art. R. 288-2. - I. ― Article R. 57-7-5 is as follows:
"Art. R. 57-7-5. ― For the exercise of his or her disciplinary skills, the Chief of Institution may delegate his or her signature to his or her deputy or to a supervisory staff of another grade.”
"II. ― Article R. 57-7-8 is supplemented by a paragraph as follows:
"When there is no surveillance staff in the penitentiary facility holding one of the grades required by the second paragraph, the first assessor may be selected from the supervisory staff of another grade."
"III. ― The last sentence of article R. 57-7-13 is as follows: "To the extent possible, the author of this record does not sit on the discipline committee."
"IV. ― Article R. 57-7-14 is supplemented by two paragraphs as follows:
"When there is no surveillance staff in the penitentiary institution other than the head of institution, holding one of the grades required by the first paragraph, the report may be written by a supervisory staff of another grade.
"To the extent possible, the author of this record does not sit on the discipline committee."
5° In chapter V, after article R. 288-2, is created for its application in the Wallis and Futuna Islands an article R. 288-3 written as follows:
"Art. R. 288-3. - I. ― For the purposes of sections R. 57-6-5, R. 57-6-19 and R. 57-7-28, the President of the Court of First Instance shall exercise the functions of the judge of the application of the penalties, the court of application of the penalties or the jurisdiction of the application of the first degree of penalties.
“II. ― For the purposes of sections R. 57-6-5 to R. 57-6-9, R. 57-7-16, R. 57-7-25, R. 57-7-45 and R. 57-7-64, the provisions applicable to lawyers are also applicable to authorized persons who assist a person detained under the law.Article 23-4 of Order No. 92-1147 of 12 October 1992.
"III. - The provisions of articles R. 57-7-10, R. 57-7-14, R. 57-7-25, R. 57-7-29, R. 57-7-45, R. 57-7-59, R. 57-9-13, R. 57-9-14 and R. 57-9-16 relating to the public youth protection sector and to the interregional youth protection director are applicable, as appropriate, to the local service of similar or similar missions.
"IV. ― For the purposes of section R. 57-6-24, the second paragraph of this article is as follows:
"For the skills defined by this Code, the Chief of Corrections may delegate his signature to his deputy."
"V. ― Article R. 57-7-5 is as follows:
"Art. R. 57-7-5. ― For the exercise of his disciplinary skills, the head of institution may delegate his signature to his deputy.”
"VI. ― For the purposes of section R. 57-7-8, the second paragraph is as follows:
"The first assessor is chosen from among the staff responsible for the supervision of the establishment where the discipline committee sits."
« VII. ― For the purposes of section R. 57-7-10, the 4th is thus written:
"4° Personnel responsible for the supervision of the penitentiary institution and casual employees of the public prison service of Wallis-et-Futuna ;”.
« VIII. ― For the purposes of section R. 57-7-13, the last sentence is as follows: “To the extent possible, the author of this record does not sit on the discipline committee.”
" IX. ― Article R. 57-7-14 is as follows:
"Art. R. 57-7-14. ― As a result of this incident report, a report is prepared by a supervisory officer and sent to the chief of institution. This report contains any useful information on the circumstances of the facts referred to the detained person and the personality of the detained person. To the extent possible, the author of this report does not serve the discipline committee.”
"X. ― The provisions of articles R. 57-7-31, R. 57-7-45, R. 57-7-63, R. 57-7-64, R. 57-7-70, R. 57-7-73, R. 57-8-1 and R. 57-8-2 relating to doctors in health facilities operating in penitentiary institutions and outpatient and care units in correctional facilities are applicable to doctors attending the Wallis-based correctional facility.
" XI. ― Article R. 57-8-10 is read as follows:
"Art. R. 57-8-10. - For persons convicted, detained in prison, visiting permits are issued, refused, suspended or withdrawn by the head of the prison.
"When convicted persons are hospitalized in a community health facility, visiting permits are issued, refused, suspended or withdrawn by the State representative in the community."
« XII. ― Article R. 57-9-16 is as follows:
"Art. R. 57-9-16. ― Teaching activities are implemented by national education services.”
C. ― Title III is amended to read:
Chapter IV is supplemented by the following:
"Art. R. 375-1. - For the purposes of the article R. 57-6-4 in Mayotte, the words: "at the departmental archives" are replaced by the words: "service of the competent archives".
The guard of the seals, Minister of Justice and Freedoms, and the Minister of the Interior, Overseas, Territorial Authorities and Immigration are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2010.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Brice Hortefeux
