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. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations, including Chapter II of Title II;
Vu la Act No. 2009-1436 of 24 November 2009 penitentiary;
Vu le Decree No. 2006-672 of 8 June 2006 the establishment, composition and functioning of the administrative commissions of an advisory nature;
After notice of the State Council (inside section),
Decrete:
The Code of Criminal Procedure (Part III: Decrees) is amended in accordance with the provisions of Articles 2 to 46 of this Decree.
Section D. 52 is amended as follows:
1° In the second paragraph, the reference to Article D. 51 is replaced by the reference to Article R. 57-5;
2° In the last paragraph, the words ", and it sets their conditions and terms of access to the telephone" are deleted.
Chapter 1 of Book V title II is amended as follows:
1° In the first paragraph of article D. 53, after the words: "Pre-trial detentions are incarcerated," the words are inserted: "in the course of the investigation";
2° In section D. 62, the reference to section D. 99 is replaced by the reference to section D. 432.
The title of chapter II of Book V title II is replaced by the following title: "Chapter II. General conditions of detention."
Section 1 of Chapter II of Book V title II is amended as follows:
1° In the second paragraph of Article D. 70, the words: "Article D. 73" are replaced by the words: "the second paragraph of Article 717";
2° In the third paragraph of Article D. 72-1, the words "one year" are replaced by the words "two years".
Section 2 of chapter II of Book V title II is amended as follows:
1° The last paragraph of Article D. 74 is deleted;
2° In the first paragraph of Article D. 75 and the first and second paragraphs of Article D. 76, the words "one year" are replaced by the words "two years";
3° The third paragraph of Article D. 76 is replaced by the following provisions:
"The guidance file for major convicts and for minor convicts whose remaining incarceration time is equal to or greater than six months also contains the documents referred to in Article D. 77. »
Section 3 of chapter II of Book V title II is replaced by the following:
“Section 3
“Terms of care
of convicted persons
“Paragraph 1
“Distribution of detainees in institutions
"Art.D. 83.-For each arresting house, the head of the institution shall inform each month the president of the High Court in whose jurisdiction it is located, the judge of the application of the penalties, the prosecutor of the Republic near the said court and the interregional director of the prison services of the state of the staff with regard to the reception capacity of the institution.
"Art.D. 84.-The Interregional Director of Penitentiary Services orders all relevant transfers within the territorial electoral district, to which he or she directs regarding convicts under his or her jurisdiction of duty, persons held under judicial coercion and convicts placed at his or her disposal.
"If the measures that seem to be necessary concern other detained persons, exceed their jurisdiction or raise particular difficulties, the Minister of Justice shall, as soon as possible, submit a report to the Seal Guard.
“Paragraph 2
“Retention in institutions for sentencing
"Art.D. 85.- Without prejudice to the application of the provisions providing for the implementation of activities throughout the duration of the execution of the sentence, convicts benefit, during the last period of the incarceration, from an active preparation to their conditional or definitive enlargement, in particular on the socio-professional plane. This preparation includes, where applicable, an outside placement or a semi-liberty regime. It is carried out either on site or after transfer to a specialized centre or district.
"Art.D. 86.-The regime of sentencing centres is based on actions of insertion organized inside and outside these establishments. The maintenance of family ties within the framework of permissions to leave, persons detained in these institutions do not benefit from parlour.
"Art.D. 87.-A detainee whose behaviour is incompatible with the application of the institution-specific regime for penalties in which the detainee is placed may be subject to a change of assignment procedure.
“Paragraph 3
"The execution of the sentence
"Art.D. 88.-The course of execution of the sentence describes, among other things, for each convicted prisoner, all the actions that it is envisaged to implement during his detention in order to promote his reintegration. It covers the entire period of detention, including outward preparation.
"It is defined and, where appropriate, updated from the evidence gathered during the observation period and then, throughout the detention, to all services called to know the situation of the detained person concerned, as well as the wishes expressed by him. These are documented in writing.
"It is subject to review at the request of the detained person or at least once a year.
"Art.D. 89.-The course of execution of the sentence is drawn up after notice of the single multidisciplinary commission referred to in Article D. 90.
"Art.D. 90.-It is established with the head of each penitentiary institution, for a period of five years, a single multidisciplinary commission.
"The single multidisciplinary commission is chaired by the head of institution or its representative.
"It also includes:
“(a) The Director of the Prison Service for Inclusion and Probation;
“(b) A person in charge of the prisoner ' s detention sector whose situation is examined;
“(c) A representative of the labour service;
"(d) A representative of the vocational training service;
“e) A representative of the teaching department.
"Also, with an advisory voice, attend the meetings of the commission, on the convocation of the head of establishment established according to the agenda:
“(a) The psychologist in charge of the execution of the sentence;
“(b) A member of the Youth Judicial Protection Service;
"(c) A representative of the health care teams of the outpatient counselling and care unit or the regional medical-psychological service designated by the attachment health facility.
"The list of members of the single multidisciplinary commission and persons likely to attend these meetings under the three preceding paragraphs is decided by the head of institution.
"The members of the commission and the persons heard by it shall be held at a discretionary obligation with respect to information of a confidential nature that they are aware of in the course of their duties.
"Art.D. 91.-The single multidisciplinary commission meets at least once a month to examine the execution of the sentence.
"Art.D. 92.- Individualized care arrangements may, for the purposes of the second paragraph of Article 717-1, be applied, within each penitentiary institution, to detained persons, taking into account their course of execution of the sentence and their ability to respect the rules of life in the community. The terms and conditions for the care of each inmate are recorded in the execution of the sentence. »
After chapter II, section 3, title II, of Book V, the following provisions are inserted:
“Section 4
"From individual increment
"Art.D. 93.-When the individual increment regime is not applied, it is up to the principal to separate:
« 1° The defendants of the convicts;
« 2° Persons who have become major in detention and who are under twenty-one years of age of other major detainees;
« 3° Persons who have not previously been deprived of their liberty from those who have already undergone multiple imprisonment;
« 4° Persons convicted of judicial coercion of other detainees.
"It can be derogated from the principles laid at 2° to 4°, exceptionally, if the personality of the detained persons justifies it.
"Art.D. 94.-When he suspends the individual enclosure of a person detained on account of his or her personality, the head of the institution shall promptly inform the interregional director, as well as the judge of the application of the penalties for convicted persons and the magistrate shall have the record of the proceedings in respect of defendants.
"Art.D. 95.-The rule of individual increment does not preclude that, during the day, detained persons are brought together for work, physical and sporting activities, teaching, vocational training or religious, cultural or leisure activities. »
In sections D. 121 and D. 126, the reference to section D. 103 is replaced by the reference to section D. 433-1.
Paragraph 5 of chapter II, chapter II, section 7, of Book V is amended to read:
1° In the third paragraph of article D. 143, references to articles D. 455 and D. 459 are replaced, respectively, by references to articles D. 436-3 and D. 438-2;
2° In section D. 144, the words: "serious family circumstances referred to in section D. 425" are replaced by the words: "the serious illness or death of a member of their close family".
In the second paragraph of section D. 162, the words "social workers" are replaced by the words "induction and probation personnel" and the words "inmate" are replaced by the words "inmates".
Section 2 of chapter III of Book V title II is amended to read:
1° The first paragraph of section D. 176 is replaced by the following provisions:
"During his visits to correctional institutions, the sentencing judge checks the conditions under which convicted persons are serving their sentences. » ;
2° Section D. 177 is amended as follows:
(a) The first paragraph is replaced by the following:
"On the occasion of his visits to the penitentiary institutions, the president of the board of inquiry verifies the situation of persons being examined in pre-trial detention. » ;
(b) The third paragraph and the first sentence of the fourth paragraph shall be replaced by the following:
"On the occasion of his visits to prisons, the investigating judge and, with regard to minors under his jurisdiction, the juvenile judge may also see the defendants.
"In addition, the juvenile judge checks the conditions for the detention of minors. » ;
3° Section D. 178 is amended as follows:
(a) The first two paragraphs are replaced by the following:
"During visits to each prison, the public prosecutor hears those detained who have claims to submit. » ;
(b) The fourth paragraph is deleted.
In section D. 186, references to sections D. 64 and D. 68 are replaced by the reference to sections R. 57-8 and subsequent.
Section 1 of chapter IV, title II, of Book V is amended as follows:
1° The title is replaced by the following title: "Section 1. – The general organization of the prison administration”;
2° Section D. 190 is replaced by the following provisions:
"Art. D. 190. - The central level of the penitentiary administration is the direction of the prison administration in the Ministry of Justice. »
The second paragraph of Article D. 216-1 is deleted.
Section 3 of chapter IV, title II, of Book V is amended as follows:
1° In the title, after the words: "Control" are inserted the words: "and evaluation";
2° Before section D. 229, the following title is inserted: "Paragraph 1. General provisions;
3° In the first paragraph of section D. 229, the words "of the monitoring commission" are replaced by the words "of the assessment board";
4° After article D. 233, a paragraph 2 is added to read as follows:
“Paragraph 2
« Evaluation Council
"Art. D. 234. - The assessment board is chaired by the prefect of the department in which the prison is located.
"The President of the High Court in whose jurisdiction the institution is located and the Attorney of the Republic near the said court shall be appointed as Vice-Presidents.
"The assessment board includes:
« 1° The President of the General Council or his representative;
« 2° The Chair of the Regional Council or its representative;
« 3° The mayors of the communes in whose territory is located the penitentiary institution or their representatives;
« 4° The President and the Prosecutor of the Republic of the Jurisdictions, other than that in the jurisdiction of which the institution concerned is located, competent to deal with situations of lawsuits taken over by the institution;
« 5° Judges of the application of sentences in the institution or their representative designated by the president of each court of major instance concerned;
« 6° The judge of the children performing the functions defined by Article R. 251-3 of the Code of the Judicial Organization and acting in the institution, if the council is established with a juvenile correctional institution or a penitentiary institution with a juvenile district;
« 7° The dean of the investigating judges of the court of large instance in which the institution is located;
« 8° The academy inspector or his representative;
« 9° The Director General of the Regional Health Agency or his representative;
« 10° The commander of the gendarmerie group of the department or his representative;
« 11° The departmental director of public security or his representative;
« 12° The Bar Association of the Court of Grand Instance in which the institution or its representative is located;
« 13° A representative of each association involved in the establishment;
« 14° A representative of prison visitors attending the institution;
« 15° A registered chaplain of every cult involved in the establishment.
"The members of the commission referred to in 13° and 14° are appointed for a period of two years renewable by a prefectural order whose amplitude is addressed to the guard of the seals, Minister of Justice.
"The composition of the assessment board is stopped by the prefect.
"The first president and the Attorney General of the Court of Appeal in the jurisdiction of which the penitentiary institution is located may participate in the meeting of the assessment board or appoint a representative for that purpose.
"The Director of the Penitentiary Institution, the Departmental Director of the Penitentiary Service, the Interregional Director of Prison Services, and, where appropriate, the Interregional Director of Judicial Protection of Youth or their representatives attend the work of the Evaluation Council.
"Art. D. 235. - The assessment board shall meet at least once a year, at the convocation of the President and Vice-Presidents, who jointly set the agenda. The assessment board may also be convened on a specific point at the request of the head of institution or at least one third of its members.
"The Council Secretariat is provided by the deconcentrated services of the prison administration.
"Art. D. 236. - Evaluation board members may be delegated to visit the penitentiary institution as frequently as the Board considers it useful.
"The board may proceed to the hearing of any person who may provide him with useful information in carrying out his or her mission.
"He shall, at their request, hear representatives of the professional organizations of the prison staff on any matter within his jurisdiction.
"Art. D. 237. - The Chief of Institution and the Director of the Penitentiary Service for Insertion and Probation shall submit an annual report to the Evaluation Board.
"The board is also a recipient:
“(a) The rules of procedure of the establishment and each of its amendments;
“(b) Reports prepared following the specialized controls carried out by the competent authorities in matters such as health, hygiene, occupational safety, education and consumption.
"He may request any other information or document that may be useful in carrying out his mission.
"Art. D. 238. - The assessment board shall prepare a record of its meetings that it shall transmit to the interregional director of penitentiary services of the district in which the institution is located. The interregional director of penitentiary services transmits this report with his observations to the seals, Minister of Justice. »
Section 1 of chapter V, title II, of Book V is amended as follows:
1° Section D. 243 is amended as follows:
(a) The word "inmates" is replaced by the words "inmates";
(b) The word "regulations" is replaced by the words "legislative or regulatory provisions, rules of procedure or other service instruction";
2° Section D. 247 is amended as follows:
(a) The first paragraph is deleted;
(b) In the first sentence of the second paragraph, the words: "This schedule must" are replaced by the words: "The hours set by the rules of procedure must";
3° In article D. 248, a third paragraph was added to read:
"The provisions of this Article shall not apply to joint activities organized on the basis of theArticle 28 of Act No. 2009-1436 of 24 November 2009. »
Section 2 of chapter V of Book V title II is replaced by the following:
“Section 2
“From discipline
"Art.D. 249.-People who wish to be empowered to participate in the Disciplinary Commission as an assailant shall send a letter of application to the President of the Territorially Competent Court specifying the address of the penitentiary institutions in which they wish to intervene.
"They may also apply to the head of the penitentiary institution who promptly communicates it to the president of the high court.
"The application for approval is being investigated in accordance with the provisions of Chapter II of Title II of the Law of 12 April 2000 on the Rights of Citizens in their Relations with Government.
"The enabling decision shall result in the inclusion on the list provided for in the third paragraph of Article R. 57-7-8.
"This list is communicated to the head of the penitentiary institution on the occasion of each new registration and at least once a year.
"Art.D. 250.-The authorization granted by the President of the High Court shall be withdrawn at the request of the authorized person or where the person no longer meets the conditions laid down in section R. 57-7-10.
"The President of the High Court may also, on his or her own motion or at the request of the Head of Institution or the Attorney General of the Republic, and after the person concerned has been able to submit his or her written comments and, on his or her request, oral comments, proceed to the withdrawal of the authorization:
« 1° When the grantee fails to refer to several successive summonses without legitimate reason;
« 2° When the licensee adopts a conduct or statement incompatible with the obligations set out in section R. 57-7-9.
"The withdrawal of the authorization results in the deletion of the person authorized by the President of the High Court of the list provided for in the third paragraph of section R. 57-7-8. »
The title of chapter V, section 3, title II, of Book V is replaced by the following title: "Section 3. - Specific rules of jurisdiction."
Section 4 of chapter V, title II, of Book V is amended as follows:
1° The title is replaced by the following title: "Section 4. – Complaints and complaints from detained persons”;
2° Before article D. 259, an article D. 258-1 is inserted as follows:
"Art. D. 258-1. - The Chief of Institution and the staff must ensure by the most appropriate means the information of the detained persons and collect the comments and suggestions that the detained persons would submit. » ;
3° The first paragraph of Article D. 260 is thus amended:
(a) The words "inmate" are replaced by the words "inmate";
(b) The words: "regional director" are replaced by the words: "interregional director";
4° Section D. 262 is replaced by the following provisions:
"Art. D. 262. - French and international administrative and judicial authorities other than those mentioned in the second paragraph of Article 4 and third paragraph of Article 40 of Law No. 2009-1436 of 24 November 2009 with which the detained persons may correspond under closed fold are:
"I. ― French administrative and judicial authorities:
« 1° The President of the Republic;
« 2° The Prime Minister and members of the Government;
« 3° Presidents of the National Assembly and the Senate;
« 4° The Vice President of the Council of State;
« 5° Deputies and senators;
« 6° The President of the Court of Justice of the Republic;
« 7° The Ombudsman of the Republic and his departmental delegates;
« 8° The President of the High Authority to Combat Discrimination and Equality;
« 9° The Defender of Children;
« 10° The President of the National Commission on Informatics and Freedoms;
« 11° The Chairman of the Access to Administrative Documents Commission;
« 12° The President of the National Commission for Security Ethics;
« 13° Presidents of administrative courts and administrative tribunals;
« 14° Judges of the judicial order in their jurisdictions;
« 15° The Director of the Seal Guard, Minister of Justice;
« 16° The directors of the Ministry of Justice;
« 17° The Chief of the General Inspection of Social Affairs;
« 18° The Inspector General of Judicial Services;
« 19° The Chief of Corrections Inspection;
« 20° Prefects and subprefects;
« 21° The mayor of the municipality where the detained person is domiciled or imprisoned;
« 22° Interregional directors of penitentiary services and interregional directors of judicial and youth protection;
« 23° Directors of the integration and probation services;
« 24° The chair of the assessment board of the institution where the detained person is incarcerated;
« 25° Public health inspectors;
« 26° Health care directors.
“II. - International administrative and judicial authorities:
« 1° The President and members of the International Criminal Court;
« 2° The President and members of the international criminal tribunals established by the Security Council of the United Nations;
« 3° The President and members of the special tribunals established jointly by the United Nations and one or more States members of this organization;
« 4° Members of the European Parliament;
« 5° The President and members of the European Court of Human Rights;
« 6° The President and members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of the Council of Europe;
« 7° The President and members of the First Instance Community Court;
« 8° The President and the members of the Court of Justice of the European Union;
« 9° The Chairman and members of the United Nations Committee against Torture;
« 10° The President and members of the United Nations Human Rights Council;
« 11° The Chair and members of the UN Human Rights Council Advisory Committee;
« 12° The President and members of the United Nations Human Rights Commission;
« 13° The Secretary General of the Council of Europe. » ;
5° Section D. 263 is amended as follows:
(a) The first paragraph is replaced by the following:
"People held in the military or under a military authority may correspond freely and under closed fold with the French military authorities. » ;
(b) In the second paragraph, the words: "they can be visited" are replaced by the words: "they can be visited";
6° Section D. 264 is amended as follows:
(a) In the first paragraph, the words "foreign detainees" are replaced by the words "foreign detainees";
(b) In the second paragraph, the word "inmates" is replaced by the words "inmates" and the reference to sections D. 406 and D. 416 is replaced by the reference to sections R. 57-8-15, R. 57-8-16 and R. 57-8-19.
Section 5 of chapter V, title II, of Book V is amended as follows:
1° In article D. 267, the reference to article D. 283-6 is replaced by the reference to articles R. 57-7-83 and R. 57-7-84;
2° The beginning of the last paragraph of Article D. 277 is as follows:
"Without prejudice to the provisions of Article R. 57-6-17 relating to the right to the image of detained persons,"
3° Section D. 283-6 is amended as follows:
(a) The first, second, third and fourth subparagraphs are deleted;
(b) The words: "who precedes" are replaced by the words: "R. 57-7-84."
In chapter VI, title II, of Book V, the word "inmates" is replaced by the words "inmates".
Section 1 of Chapter VI of Title II of Book V is amended as follows:
1° In the title, the word "inmates" is replaced by the words "inmates";
2° Section D. 284 is amended as follows:
(a) In the first paragraph, the words: "they may be driven" are replaced by the words: "they may be driven," the words: "they are assigned" are replaced by the words: "they are affected" and the words: "inmates are placed" are replaced by the words: "inmates are placed";
(b) In the second paragraph, the words: "They are searched, submitted" are replaced by the words: "They are submitted" and the words: "if they express their desire" are replaced by the words: "if they ask";
(c) In the third paragraph, the words: "inmate must be immediately put" are replaced by the words: "inmate must be immediately put," the words: "an elderly detainee" are replaced by the words: "an elderly detainee" and the word "interested person" is replaced by the word: "the interested person";
3° Section D. 285 is amended as follows:
(a) In the first paragraph, the word "inmate" is replaced by the words "inmate" and the word "visited" is replaced by the word "visited";
(b) In the second paragraph, the words: "the inmate is subject to" are replaced by the words: "the inmate is entitled to" and the words: "under the conditions provided for in Article D. 381" are deleted;
(c) In the third paragraph, the words: "The detainee is also visited" are replaced by the words: "The detainee is also visited", the words: "member of the penitentiary service" are replaced by the word "personal" and the words: "the detainee is a minor" are replaced by the words: "the detainee is a minor";
(d) The fourth preambular paragraph is replaced by the following:
"At the end of this observation period, which cannot exceed three weeks, information relating to the personality, health and danger of the detained person is documented in writing. »
4° Section D. 288 is amended as follows:
(a) The first paragraph is replaced by the following:
"An exit ticket is issued to any person who is out of custody, whether it is a final exit or an exit within the framework of an electronic sentencing or surveillance measure, excluding permission to leave. » ;
(b) The second paragraph is deleted;
(c) In the third paragraph, the words "of the detainee" are replaced by the words "of the detainee", the word "he" is replaced by the word "she" and the word "liberation" is replaced by the word "statement";
5° Section D. 289 is amended as follows:
(a) In the first paragraph, the words: "inmates are liberated" are replaced by the words: "inmates must leave detention" and the word: "they" is replaced by the word: "they";
(b) In the second paragraph, the words: "they must be released" are replaced by the words: "they must come out of detention."
Section D. 294 is amended as follows:
1° In the first paragraph, the word "inmates" is replaced by the words "inmates";
2° In the second paragraph, the words: "The latter are thoroughly searched before departure. They can be submitted" are replaced by the words: "These detained persons can be submitted";
3° In the third paragraph, the words: "a detainee would be considered dangerous or should be monitored" are replaced by the words: "a detainee would be considered dangerous or should be monitored."
Chapter VII of Book V title II is amended as follows:
1° In the title, the word "inmates" is replaced by the words "inmates";
2° In the second paragraph of article D. 321, the reference to articles D. 414 and following is replaced by the reference to articles R. 57-8-16 and following;
3° The 3rd of Article D. 334 is deleted.
After article D. 347, an article D. 347-1 is inserted as follows:
"Art.D. 347-1.- Persons detained are considered to be lacking sufficient resources when, cumulatively:
“– the available share of the nominal account in the month preceding the current month is less than 50 €;
“– the available share of the nominal account during the current month is less than 50 €;
“– and the amount of accumulated expenses in the current month is less than 50 €.
"The available share of the previous month's name account is not taken into account during the first month of incarceration to consider as devoid of sufficient resources persons from the state of freedom.
"The assistance that persons detained without sufficient resources are provided by the prison administration. It is taken into account the assistance given to the detained person interested in any natural or legal person of public or private law authorized to do so by the prison administration.
"The aid is provided primarily in kind, including by the delivery of clothing, by the renewal of the toilet kit under the conditions set out in section D. 357 and by the delivery of a necessary correspondence.
"When the prison administration or the person authorized to assign the assistance is not able to provide it in kind or when the needs of the detained person justify it, it is paid in cash, in whole or in part, on the available part of the nominative account. »
The title of chapter VIII of Book V title II is replaced by the following title: "From the health of detained persons".
Sections 1 and 2 of chapter VIII of Book V title II are amended in accordance with the following provisions:
1° In article D. 348-1, the words "decent services of the Ministry of Health" are replaced by the words "services of regional health agencies";
2° In section D. 348-2, the words: "Director of Hospitals" are replaced by the words: "Director General of the Care Offer" and the words: "social worker" are replaced by the words: "People of a Penitentiary Service of Insertion and Probation";
3° Section D. 358 is amended as follows:
(a) The first sentence of the first paragraph is replaced by the following:
"On completion of the locking procedures, a shower is offered to each inmate. » ;
(b) In the second sentence of the first paragraph, the words: "they must" are replaced by the words: "they must" and the words: "and the return of work" are replaced by the words: "the work and the vocational training";
(c) The second paragraph is deleted;
4° Section D. 359 is amended as follows:
(a) The first paragraph is deleted;
(b) In the second paragraph, the words: "Every detainee" are replaced by the words: "Every detainee".
Section 3 of chapter VIII, title II, of Book V is amended in accordance with the following provisions:
1° In article D. 363, references to articles L. 209-5, L. 209-9 and L. 209-10 are replaced respectively by references to articles L. 1121-6, L. 1122-1 and L. 1122-1-1;
2° In article D. 370, the reference to article R. 711-15 (2°) is replaced by the reference to article R. 6112-19 (2°);
3° Section D. 372 is amended as follows:
(a) In the first paragraph, the words: "in accordance with the provisions of Decree No. 86-602 of 14 March 1986 Amended" are replaced by the words: "in accordance with sections R. 3221-1 to R. 3221-5 of the Public Health Code" and the words: "R. 711-7 and R. 711-9 of the Public Health Code, or by the medical team established pursuant to the agreement referred to in section D. 371" are replaced by the words: "R. 6112-14 and R. 6112-15 of the Public Health Code » ;
(b) In the third paragraph, the words: Decree No. 86-602 of 14 March 1986 modified referred to above are replaced by the words: "of theArticle R. 3221-5 of the Public Health Code » ;
4° In article D. 373, the words "in article D. 371" are deleted;
5° The second subparagraph of articles D. 374 and D. 385 is deleted;
6° Section D. 375 is amended as follows:
(a) In the first paragraph, the words: "or medical service for penitentiary institutions whose operation is governed by a convention passed under the Act No. 87-432 of 22 June 1987 relative to the public prison service » are deleted;
(b) In the second paragraph of the same article, the reference to Article R. 710-2-1 is replaced by the reference to Article R. 1112-2;
7° In article D. 376, the reference to article R. 711-16 (10°) is replaced by the reference to article R. 6112-23 (10°);
8° In article D. 378, the reference to articles D. 376 and D. 377 is replaced by the reference to article D. 376;
9° In article D. 379, the reference to articles R. 711-13 and R. 711-14 is replaced by the reference to article R. 6112-20;
10° In sections D. 380, D. 384 and D. 384-1, the reference to articles D. 368 and D. 371 is replaced by the reference to article D. 368;
11° In article D. 382, the reference to article D. 371 is deleted;
12° In article D. 383, the words: "from Decree No. 93-345 of 15 March 1993 the words "R. 4311-1 to R. 4311-15 of the Public Health Code" are replaced by the words "R. 4311-1 to R. 4311-15."
13° Section D. 384-1 is amended as follows:
(a) The second paragraph is amended to read:
― in the first sentence, the words: "pulmonary radiological examination" are replaced by the words: "clinical examination";
― in the second sentence, the words "inmates present" are replaced by the words "inmates present" and the word "radiological" is replaced by the word "clinical";
― after the third sentence, the following provisions are added:
"In the light of the results of this examination, the physician of the outpatient and outpatient unit prescribes, if necessary, a radiological examination. » ;
(b) In the third paragraph, the word "inmates" is replaced by the words "inmates" and the word "insulated" is replaced by the word "insulated";
(c) In the fourth paragraph, the words "a detainee" are replaced by the words "a detainee";
14° In Article D. 389, the reference to Article R. 711-10 is replaced by the reference to Article R. 6112-16;
15° In article D. 391, references to articles R. 711-19 and R. 711-7 are replaced respectively by references to articles R. 6112-26 and R. 6112-14;
16° In Article D. 396, the reference to Article R. 711-16 is replaced by the reference to the 3° of Article R. 6112-23;
17° In section D. 398, references to articles L. 342 and L. 331 are replaced by references to articles L. 3214-3 and L. 3214-1 respectively.
Section 4 of chapter VIII, title II, of Book V is amended as follows:
1° In article D. 400, the reference to articles D. 368 and D. 371 is replaced by the reference to article D. 368;
2° Section D. 401 is amended as follows:
(a) In the second paragraph, the words "information" are replaced by the words "procedure";
(b) In the third paragraph, the word "six" is replaced by the word "Twelve";
3° At the 6th of Article D. 401-2, the words "social worker" are replaced by the words "induction and probation personnel".
In the title of Chapter IX, the word "inmates" is replaced by the words "inmates".
Section 1 of Chapter IX of Title II of Book V is amended as follows:
1° Section D. 403 is replaced by the following provisions:
"Art. D. 403. - The permit issued pursuant to R. 57-8 and R. 57-8-10 is either permanent or valid for a limited number of visits.
"If applicable, it specifies the specific terms and conditions for its application, including the location and time of the visit. » ;
2° Section D. 406 is amended as follows:
(a) The first and second paragraphs are deleted;
(b) In the third paragraph, the words: "in addition to the search of detainees before and after the interview" are deleted;
3° Section D. 408 is amended as follows:
(a) In the first paragraph, the words: "may end the interview if necessary. It » are deleted;
(b) The second paragraph is deleted;
4° Section D. 411 is amended as follows:
(a) The first and second paragraphs are replaced by the following:
"Ministerial and judicial officers other than lawyers who benefit from the provisions of articles R. 57-6-5 and following may be authorized to communicate with detained persons. » ;
(b) In the third paragraph, the words: "the specific provisions provided for in Article D. 68" are replaced by the words "confidentiality".
Section D. 427 is amended as follows:
1° In the first paragraph, the words: "a detainee" are replaced by the words: "a detainee", the word "swept" is replaced by the word: "swept", the word "placed" is replaced by the word: "placed" and the words: "his close family must be immediately informed of it" are replaced by the words: "his family or relatives are informed without delay by the head of the circumstances under which the circumstances under which is on which is on which is on which » ;
2° In the second paragraph, the words: "inmate is invited" are replaced by the words: "inmate is invited" and the words: "inmate is invited" are replaced by the words: "the name and contact information of the ore";
3° In the third paragraph, the words: "Council" are inserted before the words: "The chaplain" and the words: "the inmate" are replaced by the words: "this inmate".
After section 5 of chapter IX of title II of Book V, a section 6 is inserted as follows:
“Section 6
"From sending and receiving objects
detainees
"Art.D. 430.-Without prejudice to the provisions applicable to written and audiovisual publications referred to inArticle 43 of Act No. 2009-1436 of 24 November 2009, the reception of objects from outside and the sending of objects to the outside by detained persons are prohibited in all prisons.
"However, the list of objects or categories of objects whose receipt or shipment is authorized by derogation from the preceding paragraph is fixed by order of the seals, Minister of Justice.
"When objects whose receipt is not authorized by the list provided for in the second paragraph are received from the outside, the head of establishment shall notify the sender that these objects fall under the prohibition laid down in the first paragraph. Objects are returned at the expense of the sender or, if not, deposited at the locker room of the detained person concerned.
"When objects whose shipment is not authorized by the list in the second paragraph are sent to an outside consignee, the head of institution shall notify the detained person concerned that they fall under the prohibition laid down in the first paragraph. Those of those objects whose detention is authorized in a cell are returned to the detained person. Other objects are covered under the conditions specified in articles D. 335 to D. 341.
"When the receipt or sending of the objects is a cost generator and the objects are not paid by the outside sender or recipient, these costs are borne by the detained person concerned.
"Art.D. 431.-Receiving and sending objects by detained persons are subject to the security controls necessary for the prevention of escapes and the maintenance of the security and order of prisons.
"Receipt or shipment of objects authorized by an inmate is carried out:
« 1° Input on the occasion of visits to a visiting permit or the arrival of a registered prison visitor; in this case, the object is handed over to the prison staff who transmits it to the recipient inmate;
« 2° By direct surrender during visits to a visiting permit, for all documents relating to the family life of the inmate and to the exercise of parental authority by the inmate;
« 3° For detained persons who do not receive visits under a visiting permit, by postal parcel, after agreement of the head of establishment;
« 4° By deposit to the penitentiary institution outside of visits to a visiting permit or the arrival of a registered prison visitor after agreement of the head of institution. »
In the title of Chapter X, the word "inmates" is replaced by the words "inmates".
I. ― Section 3 of chapter X of title II of Book V becomes section 1 ter of the same chapter.
It is thus amended:
1° Articles D. 450, D. 452, D. 453, D. 454, D. 455, D. 456, D. 457 and D. 459 respectively become articles D. 435, D. 436, D. 436-1, D. 436-2, D. 436-3, D. 437, D. 438 and D. 438-2;
2° Section D. 458 becomes section D. 438-1.In its first paragraph, the reference to section D. 454 is replaced by the reference to section D. 436-2.
II. Section 2 of chapter X of title II becomes section 3 of the same chapter. It is thus amended:
1° Section D. 443 is replaced by the following provisions:
"Art.D. 443.-Access to written and audio-visual publications may be made:
« 1° As part of the cultural action implemented in each penitentiary institution;
« 2° Through the media library of the penitentiary institution and territorial libraries partners of the prison administration;
« 3° Through the Audiovisual and Multimedia Resource Centre of the Penitentiary Institution;
« 4° By receiving from outside such publications;
« 5° Through the collective or individual use of equipment that exclusively allows the reception of radio and television services that detainees may obtain through the prison administration and in accordance with the terms and conditions it determines;
« 6° Through the collective or individual use of computer equipment that is not connected to external networks and which persons detained may acquire through the prison administration;
« 7° By the collective or individual use of terminal equipment within the meaning of Article L. 32 of the Post and Electronic Communications Code.
"Art.D. 443-1. -The media library of the penal institution provides free written and audio-visual publications of its fund to detainees.
"People in custody are provided with direct and regular access to the books of the media library, regardless of the location of the media library in the facility and without prior registration.
"The supply and training and supervision of detained persons assigned to the media library as part of a job classification are provided by a librarian or, failing that, the penitentiary service for insertion and probation, with the assistance of the territorial library partners of the prison administration.
"Art.D. 443-2.-Receiving or sending out written and audio-visual publications by detained persons shall be carried out:
« 1° Input on the occasion of the visits provided for in articles R. 57-8 and following;
« 2° By mailing of the publisher or detained person;
« 3° By deposit to the penitentiary institution outside the visits provided for in articles R. 57-8 and following and after agreement of the chief of establishment;
« 4° Through the prison administration.
"In the hypotheses referred to in 1° and 3°, the publication is handed over to the prison staff who transmits it to the detained person.
"When the receipt or sending of written and audio-visual publications generates fees and these are not paid by the outside sender or the outside recipient, these costs are borne by the detained person concerned. » ;
2° Section D. 444 is amended as follows:
(a) The first, second and fourth subparagraphs are deleted;
(b) In the third paragraph, the word "inmates" is replaced by the words "inmates";
3° At the beginning of Article D. 445 are inserted the words: "Without prejudice to the provisions of Article R. 57-6-17 relating to the right to image of detained persons,"
4° Sections D. 447 and D. 448 are replaced by the following:
"Art.D. 447. -Under the control of a surveillance staff, detained persons may participate in collective activities or games excluding any idea of gain. »
III. Section 1 of chapter X of title II becomes section 2 of the same chapter. It is thus amended:
1° A new article D. 439 is created as follows:
"Art.D. 439.-The accreditation of chaplains is issued by the interregional director of penitentiary services after the advice of the prefect of the department in which the establishment is located, on the proposal of the national chaplain of the cult concerned.
"When the application for approval relates to establishments located in several departments, the regional prefect shall exercise the competence vested in the department prefect under the preceding paragraph.
"When the licensee reaches the age of seventy-five, the accreditation is withdrawn by the Interregional Director of Prison Services. »
2° An article D. 439-1 is inserted as follows:
"Art.D. 439-1.-The chaplains shall devote all or part of their time to the functions defined in section R. 57-9-4 according to the number of persons detained who wish to meet with them in the establishment to which they are registered. »
3° Article D. 434-1 becomes Article D. 439-2. It is thus modified:
(a) After the word: "prefect" are inserted the words: "from the department in which the establishment is located or, when the application for approval relates to establishments located in several departments, the prefect of the region";
(b) The words: "competent religious authority" are replaced by the words: "the national chaplain of the cult concerned";
3° Article D. 434 becomes Article D. 439-3. It is thus modified:
(a) The first paragraph is repealed;
(b) In the second paragraph, the word: "They" is replaced by the words: "The chaplains and the volunteer assistants of aumonia";
4° Article D. 435 becomes Article D. 439-4. It is thus modified:
(a) The first paragraph is repealed;
(b) In the second paragraph, the first sentence is deleted, the words "they" are replaced by the words "offices" and the words "or preaches may be made" are deleted;
5° Article D. 436 becomes Article D. 439-5. It is thus modified:
(a) The first paragraph is repealed;
(b) In the second paragraph, the words: "incoming inmates" are replaced by the words: "inmates", the words: "on his first visit to the institution" are replaced by the words: "as soon as possible" and the second sentence is deleted.
IV.-Section 4 of chapter II of title II becomes section 1 of chapter X of the same title. It is thus amended:
1° In the title, the word "inmates" is replaced by the words "inmates";
2° Section D. 99 becomes section D. 432. It is thus modified:
(a) In the first paragraph, the word "inmates" is replaced by the words "inmates";
(b) The second paragraph is deleted;
3° A new article D. 432-1 is created as follows:
"Art.D. 432-1.-Hors the cases referred to in the second sentence of the third paragraph of Article 717-3, the remuneration of the work carried out in penitentiary institutions by detained persons shall not be less than the following hourly rate:
“45 per cent of the minimum interprofessional growth wage for production activities;
“33% of the minimum interprofessional growth wage for general service, Class I;
“25 per cent of the interprofessional minimum wage for general service, Class II;
"20% of the minimum interprofessional growth wage for general service, Class III.
"A Seal Guard Order, Minister of Justice, determines the distribution of jobs between different classes according to the qualification level required by their execution. » ;
4° Articles D. 100 and D. 101, respectively, become articles D. 432-2 and D. 432-3;
5° It is created a new article D. 432-4 as follows:
"Art.D. 432-4.-When the detained person turns out to be incompetent for the performance of a task, this failure may result in the declassification of that job.
"When the detained person does not adapt to a job, he or she may be suspended, the duration of which may not exceed five days, in order to conduct an assessment of his or her situation.At the end of that assessment, he or she is either reinstated in that employment or decommissioned under the preceding paragraph. » ;
6° Article D. 102 becomes Article D. 433;
7° Article D. 103 becomes Article D. 433-1. It is thus modified:
(a) In the first paragraph, the reference to Article D. 101 is replaced by the reference to Article D. 432-3;
(b) The second paragraph is deleted;
(c) In the third paragraph, the word "inmates" is replaced by the words "inmates", the words "or on behalf of associations" are deleted, the words: "in between the prison administration and the concessionaire company" are inserted after the word: "Convention" and the words: "and in accordance with the minimum hourly rate set out in Article D. 432-1" are added after the words: "inmate environment";
8° Article D. 104 becomes Article D. 433-2. It is thus modified:
(a) The second paragraph is deleted;
(b) In the third paragraph, the words "for a period of more than three months or for a staff of more than five inmates" are deleted, the word "inmates" is replaced by the words "inmates" and the word "regional" is replaced by the word "interregional";
9° Article D. 105 becomes Article D. 433-3. It is thus modified:
(a) In the first paragraph, the words: "inmates are affected" are replaced by the words: "inmates are affected" and the words: "inmates" are deleted;
(b) The first paragraph is supplemented by the following sentence:
"They are paid according to the hourly rate set out in D. 432-1. » ;
(c) In the second paragraph, the words: "inmates are chosen" are replaced by the words: "inmates are chosen", the words: "not having a long time to suffer" are deleted and the words: "information" are replaced by the words: "of the procedure";
(d) The third paragraph is deleted;
(e) In the fourth paragraph, the words: "No detainee may be employed" are replaced by the words: "No detainee may be employed" and the words: "malco-social" are replaced by the words: "health";
10° Article D. 106 becomes Article D. 433-4. It is thus modified:
(a) In the first paragraph, the words: "a detainee" are replaced by the words: "a detainee" and the words: "inmates, in accordance with the provisions of sections D. 111 and following" are replaced by the words: "inmates, in accordance with the provisions of section D. 434";
(b) The third paragraph is replaced by the following:
"The rates of pay are brought to the attention of persons held by posting";
11° Article D. 107 becomes Article D. 433-5. It is thus modified:
(a) In the first paragraph, the word "inmates" is replaced by the words "inmates";
(b) In the second paragraph, the words "deputies or facilitators of the associations referred to in Article D. 101" are replaced by the words "or associations" and the words "regional director after consultation with the public prosecutor" are replaced by the words "interregional director";
12° Article D. 108 becomes Article D. 433-6.In its first paragraph, the words "must be closer to the schedules in the region or in the type of activity considered; in no case can it be superior to them" are replaced by the words: "can not exceed the times in the type of activity considered";
13° Article D. 109 becomes Article D. 433-7. It is thus modified:
(a) The word "inmates" is replaced by the words "inmates";
(b) The reference to Book II of Title III of the Labour Code is replaced by the reference to Books I to V and VII of Part IV of the Labour Code;
14° Article D. 109-1 becomes Article D. 433-8. It is thus modified:
(a) In the first and second paragraphs, the word "inmates" is replaced by the words "inmates";
(b) In the third paragraph, the words: "Regional Director of Labour, Employment and Vocational Training" are replaced by the words: "Regional Director of Business, Competition, Consumer Affairs, Labour and Employment";
15° Article D. 110 becomes Article D. 433-9. It is thus modified:
(a) The word "inmates" is replaced by the words "inmates";
(b) The words: "the Decree No. 49-1585 of 10 December 1949 taken for application to inmates of the Act No. 46-2426 of 30 October 1946 on the prevention and repair of occupational accidents and diseases are replaced by the words: "the provisions of the Social Security Code "
V.-Section 5 of chapter II of title II becomes section 1 bis of chapter X of the same title. Article D. 111 becomes Article D. 434. It is thus modified:
1° In the first paragraph, the word "inmates" is replaced by the words "inmates";
2° The second paragraph is deleted.
Section 5 of Chapter X of Title II of Book V is amended as follows:
1° Section D. 463 is amended as follows:
(a) In the first paragraph, the words "social workers" are replaced by the words "personal";
(b) In the second paragraph, the words "inmates" are replaced by the words "inmates";
2° Section D. 464 is amended as follows:
(a) In the first paragraph, the words "inmates may be received" are replaced by the words "inmates may be received", and the words "social worker" are replaced by the words "member";
(b) In the second paragraph, the words: "social worker" are replaced by the words: "Insertion and Probation Personnel", the words: "a detainee" are replaced by the words: "a detainee" and the words: "that he" are replaced by the words "that she";
3° In section D. 465, the word "inmates" is replaced by the words "inmates" and the words "social workers belonging to one of the departments of the Ministry of Justice" are replaced by the words "induction and probation personnel".
In section D. 475, the words "in respect of inmates in the disciplinary district and" are deleted.
Section 7 of Chapter X of Title II of Book V is amended as follows:
1° The title is replaced by the following title: "De l'aide à la sortie de détention";
2° Section D. 478 is amended as follows:
(a) The first paragraph is replaced by the following:
"The Public Penitentiary Service must allow the detained person to prepare his or her release in the best conditions, whether at the end of the sentence or in the context of an electronic sentencing or surveillance measure. » ;
(b) In the second paragraph, the word "freed" is replaced by the words: "out of detention", the words: "the released person benefits" are replaced by the words: "the released person benefits" and the word: "his release" is replaced by the words: "the release of detention";
3° The first paragraph is amended to read:
(a) The title is replaced by the following title: "Notices given to persons detained at the time of their release from detention";
(b) Section D. 479 is amended as follows:
The first paragraph is replaced by the following:
"The exit ticket provided to each person who has been detained under the conditions referred to in Article D. 288 refers to the indications relating to his/her civil status, his/her registration number to social security, the date of entry and release of detention, the financial resources available to him/her at his/her exit and the relief, in their various forms, of which he/she may have benefited at his/her release. » ;
In the second paragraph, the word "freed" is replaced by the words "out of detention" and the words "a minor detainee" are replaced by the words "a minor detainee";
It is added a third paragraph to read:
"A copy of this document can be delivered to Pôle emploi. » ;
4° Paragraph 2 is amended to read:
(a) The title is replaced by the following title: "Help to detained persons with no resources at their disposal";
(b) In sections D. 481 and D. 483, the word "inmates" is replaced by the words "inmates", the word "inmates" is replaced by the word "deprived", the word "liberation" is replaced by the words "out of detention" and the word "they" is replaced by the word "they".
Chapter XI of title II of book V is thus amended:
1° In the title, the word "inmates" is replaced by the words "inmates";
2° In Article D. 487, after the reference to Article D. 58, the words "and following" are deleted;
3° Section D. 506 is amended as follows:
(a) In the first paragraph, the reference to section D. 250-4 is replaced by the reference to section R. 57-7-25 and the words "inmate" are replaced by the words "inmate";
(b) In the second paragraph, the reference to articles D. 407 and D. 418 is replaced by the reference to articles R. 57-8-15 and R. 57-8-18;
4° Article D. 514-1 is supplemented by a third paragraph as follows:
"They are consulted by the head of institution prior to any decision on the terms and conditions for the care of a minor detainee. »
In Article D. 47-19, the words "information, within the meaning of Article D. 51" are replaced by the words "of the procedure".
Title I of Book V is thus modified:
1° The last two sentences of Article D. 49-14 are deleted;
2° Section D. 49-28 is amended as follows:
(a) In the first paragraph, the words "social workers" are replaced by the words: "Insertion and Probation Personnel";
(b) In the third paragraph, the words "of the detainee" are replaced by the words "of the detainee" and the words "that it be heard" are replaced by the words "that it be heard";
3° In section D. 49-63, the words "social workers" are replaced by the word "personal".
In the first paragraph of Article D. 533-1 and in the first, third and fourth paragraphs of Article D. 533-2, the words: "social worker" are replaced by the words: "Insertion and Probation Prison Service personnel".
Title XI of Book V is thus amended:
1° In the second paragraph of article D. 573, references to articles D. 457 and D. 459 are replaced, respectively, by references to articles D. 438 and D. 438-2;
2° In the first paragraph of section D. 575, the words: "social workers" are replaced by the words: "customers of the penitentiary service of insertion and probation".
In Article D. 587, the words "social worker" are replaced by the word "personal".
Are repealed:
1° Section 3, paragraph 3, chapter I, title II, of Book V;
2° Section 3 of chapter III of title II of Book V;
3° Paragraph 4 of chapter V, section 5, title II, of Book V;
4° Section 2 of Chapter IX of Title II of Book V;
5° D. 51, D. 56-1, D. 59, D. 60, D. 67, D. 68, D. 69, D. 73, D. 188, D. 189, D. 230, D. 241, D. 242, D. 255 to D. 257-1, D. 261, D. 275, D. 283-5, D. 326, D. 377, D. 381, D.
♪ articles D. 249 and D. 250 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.
The provisions of Article 15, of the 2nd of Article 17, of the 3rd of Article 28 and of the repeal of Articles D. 255 to D. 257 and D. 451 come into force from the entry into force of the decree in the Council of State relating to the standard rules of procedure of penal institutions under the conditions provided for in theArticle 728 of the Code of Criminal Procedure.
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
