Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms and Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
Vu le Code of Criminal Procedure ;
See?Order No. 58-696 of 6 August 1958 amended in relation to the special status of the staff of the deconcentrated services of the prison administration;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 66-874 of 21 November 1966 amended with respect to the special status of officials of the deconcentrated services of the prison administration;
Vu le Decree No. 93-1114 of 21 September 1993 amended with respect to the special status of the prison administration's staff of insertion and probation;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Vu le Decree No. 2009-1388 of 11 November 2009 amended bringing statutory provisions common to various bodies of officials of category B of the public service of the State;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Justice and Freedoms of November 19, 2010;
The State Council (Section of Administration) heard,
Decrete:
Correctional advisors for insertion and probation are placed under the hierarchical authority of prison directors for insertion and probation in penitentiary services for insertion and probation.
They may also be assigned to the National School of Penitentiary Administration, the National Evaluation Centre or the Central Administration in the interregional direction.
Correctional advisors for insertion and probation shall exercise the powers conferred upon them by the laws and regulations for the application of the enforcement regimes of court decisions and criminal awards. They intervene in alternative measures to criminal, restrictive or custodial proceedings. On the referral of judicial authorities, they assist in the preparation of criminal court decisions. They monitor the enforcement of sentences and ensure compliance with judicial obligations in a goal of preventing recidivism and reintegration.
Given their expertise in the enforcement of sentences and socio-educational support, their knowledge of criminology and the special needs of the persons entrusted, they contribute to the preparation and implementation of the measures to prevent recidivism provided for in the laws and regulations. They participate in the policy of individualization of sentences through the development of alternatives to incarceration and punishment arrangements under the conditions provided by the Code of Criminal Procedure.
They are particularly active in the work on the meaning of the sentence, in order to contribute to the maintenance or restoration of the autonomy and accountability of the persons being monitored.
The Corrections and Probation Unit comprises two grades:
1° A grade of Senior Correctional Advisor for Inclusion and Probation, which has eight levels;
2° A grade of Correctional Advisor for Insertion and Probation of the normal class, which includes twelve steps plus one level of student.
Correctional advisors for insertion and probation in the decunct department of the penitentiary administration are subject to the special status of staff of the decunct department of the prison administration under theOrder dated 6 August 1958 referred to above and Title VII of the Decree of 21 November 1966.
Correctional advisors are appointed by order of the Minister of Justice.
They are recruited by two separate open competitions, respectively:
1° The first, in a proportion between 40% and 60% of the competitive examinations, to the incumbent candidates either of a title or degree classified at least level III, or justifying a degree or title or a professional qualification recognized as equivalent under the conditions prescribed by the decree of 13 February 2007 referred to above ;
2° The second, in a proportion of between 40% and 60% of the jobs involved, open to government officials and officials and their public institutions, the territorial authorities and the public institutions that depend on them, the public hospital service, the military and the agents in office in an international intergovernmental organization. These candidates must justify four years of public service on the opening date of the contest.
Positions open to contests that would not have been filled by the nomination of candidates for one of these contests may be awarded, by order of the Minister of Justice, to the other contest. This postponement may result in the fact that the number of jobs offered to one of the contests is greater than two thirds of the total number of places offered to the two contests.
The general rules of the competitions, the nature and program of the trials are set by joint order of the Minister of Justice and the Minister for Public Service.
The terms and conditions for the organization of the contests and the appointments of the members of the jury shall be determined by order of the Minister of Justice.
Applicants admitted to the external and internal examination for the recruitment of prison advisors for insertion and probation receive a two-year training at the National School of Prison Administration.
During the first year of training, the participants have the quality of a penitentiary student for insertion and probation. They are paid at the student level.
The training includes, at the end of the first year, well-known selection tests allowing access to the second year of training.
Students whose schooling has given satisfaction are appointed prison advisors for insertion and probation trainees.
Students who have not obtained sufficient grades for the trials at the end of the school year are either reintegrated into their bodies, employment framework or employment of origin if they had previously been a civil servant, or dismissed. However, repetition of this first year of training may be permitted once.
For the duration of the internship that corresponds to the second year of training, the penitentiary advisors for internment and probation are classified at the 1st level of the normal class.
At the end of the year of probation, the prison advisors for placement and probation trainees whose internship was deemed satisfactory are held after notice of the parity administrative commission.
Correctional advisors for induction and probation trainees who are not registered are either allowed to extend their internship, or reintegrated into their original bodies or employment framework if they had the quality of an official, or terminated, after notice of the parity administrative commission.
The extension of the internship is authorized by order of the Minister of Justice, for a maximum period of one year and once after notice of the parity administrative commission.
Students and trainees who have the status of a public servant in another body, employment framework or employment are placed during their training in detachment position.
Students and trainees who have the status of a public servant in another body or employment framework or who have the status of a non-permanent agent receive an indiciary treatment that cannot be less than that which would result from the application of section 12 of this Order.
The organization and content of the training set out in sections 7 and 8 of this Order is determined by joint order of the Minister of Justice and the Minister responsible for the Public Service.
At the beginning of the training, students sign a commitment to serve the State for a minimum period of three years, starting with their titularization.
In the event of a breach of their appointments more than three months after their date of appointment as a student, unless the rupture is not attributable to them, the persons concerned shall reimburse the State, under conditions established by a decree of the Minister of Justice, all or part of the remuneration received during the period of training, taking into account the remaining services to be performed.
Custodial Inclusion and Probation Advisors are ranked at the 2nd step of the normal class without retention, subject to the provisions of Article 12.
Insertion and Probation Correctional Advisers who had the status of an employee or non-permanent agent are classified during their tenure, in accordance with the provisions of decree of 11 November 2009 referred to above.
The IV of Article 13 of the decree of 11 November 2009 referred to above applies to all category C or level C officials classified in the body of correctional advisors for insertion and probation.
The length of time spent at each step shall be determined in accordance with the following table:
| Senior Correctional Adviser on Inclusion and Probation | |
| 8th step | |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 2 years |
| Penitentiary Advisor for Insertion and Probation of Normal Class | |
| 12th step | |
| 11th step | 4 years |
| 10th step | 3 years |
| 9th step | 3 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Students | 1 year |
Insertion and Probation Correctional Advisers may be promoted to the rank of Senior Correctional Adviser on Insertion and Probation, following the advice of the Joint Administrative Committee:
1° By professional examination on open trials for correctional advisors of normal-class insertion and probation who, no later than December 31 of the year in which the progress table is established, have completed at least four years of effective service in this body and have at least one year of seniority in the 6th grade.
The content and the organization of the professional examination, which may include a phase of eligibility, are determined by joint order of the Minister of Justice and the Minister responsible for the Public Service. The composition and functioning of the jury shall be determined by decree of the Minister of Justice.
2° The choice is that of the correctional advisors for normal-class induction and probation who, by 31 December of the year in which the progress table is established, have completed at least seven years of effective service in this body and have reached the 9th level of this rank.
The proportion of elective appointments shall not be less than one third of the appointments made under this article.
Appointments shall be made after registration of the annual progress table prepared by the Minister of Justice after notice of the parity administrative board.
Agents are appointed in their new grade at the level with an equal index or, if not, immediately higher than that of which they received in their previous grade.
Within the limit of the time required for the immediate higher-level advancement, the persons concerned retain the seniority they had acquired in their former phase when the promotion does not result in an increase in treatment equal to or greater than that which they would have obtained by a level advancement in the previous grade.
Insertion and probation advisors, promoted as they had reached the terminal level of their grade, maintain their seniority under the same conditions and limitations when their appointment provides them with an increase in treatment below that which resulted from their advancement at the last stage.
The minimum period of assignment of a penitentiary advisor for insertion and probation on a first job is two years. An exemption may be granted by the Minister of Justice on the basis of the personal or family situation or in the interest of the service.
Inclusion and probation advisors are subject to an annual assessment of their work and results, in accordance with the provisions in force in the public service of the State, as well as a rating by their supervisor.
This evaluation focuses on their activities and on the achievement of their objectives.
Officials placed in a detachment position or incorporated directly into the body of prison advisors for insertion and probation are trained to adapt, whose organization and content are fixed by order of the Minister of Justice.
Employees who have been detached for at least two years may, on their request, be integrated into the body of the Correctional Advisers on Inclusion and Probation.
The services performed in the body, employment framework or employment of origin are considered to be services performed in the body of the prison advisors for insertion and probation.
Inclusion and Probation Advisors governed by the Title I of the decree of 21 September 1993 referred to above are integrated into the body of the Correctional Advisers for Inclusion and Probation in accordance with the following table:
| Counsel for insertion and probation Principal level | Penitentiary Advisor to Insertion and probation | |
| 7th step | 6th step | Formerly acquired within 3 years |
| 6th step | 5th step | 3/4 of acquired seniority |
| 5th step | 4th step | 2/3 of acquired seniority |
| 4th step | 3rd step | 2/3 of acquired seniority |
| 3rd step | 2nd step | 2/3 of acquired seniority |
| 2nd step | 1 step | 1/2 of the acquired seniority increased by 1 year |
| 1 step | 1 step | 1/2 of acquired seniority |
| Counsel for insertion and probation 2nd Class | Penitentiary Advisor to Insertion and probation | |
| 10th step | 10th step | Formerly acquired within 3 years |
| 9th step | 9th step | 3/4 of acquired seniority |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | 2/3 of acquired seniority |
| After 1 year in the 5th step | 5th step | 2 times seniority acquired beyond 1 year |
| 1 year in the 5th step | 4th step | 2 times acquired seniority |
| 4th step | 3rd step | Formerly acquired |
| 3rd step | 2nd step | Formerly acquired |
| 2nd step | 1 step | 1/2 of acquired seniority |
| 1 step | 1 step | Not old |
| Students | Students | Formerly acquired |
Until 31 December 2013, by derogation from the provisions of 1° of Article 14, may be promoted to the rank of Senior Corrections and Probation Officers through the Professional Examination on Tests:
1° For the year 2011:
Correctional advisors for normal-class insertion and probation who, by 31 December 2011, have completed at least four years of actual service in this body and are at the 5th level of this rank.
2° For the year 2012:
Correctional advisors for normal-class insertion and probation who, by 31 December 2012, have completed at least four years of actual service in this body and have at least one year of seniority in the 5th grade.
3° For the year 2013:
Correctional advisors for normal-class insertion and probation who, by 31 December 2012, have completed at least four years of actual service in this body and are at the 6th level of this rank.
Employees who have been detached from the body of the Insertion and Probation Advisors on the date of entry into force of this Order are detached from the body of prison advisors for six months. They are classified in this body in accordance with the correspondence table in section 19.
During this period, the first paragraph of Article 19 is not applicable to them.
The officials referred to in the first paragraph of this article who wish to continue their detachment in the body of the prison advisors for insertion and probation after the six-month period referred to above shall submit their application in writing within three months of the coming into force of this Order.
For their integration into the body of correctional advisors for insertion and probation in accordance with the terms set out in section 19, is taken into account all periods of detachment in the body of advisors for insertion and probation and in the body of prison advisors for insertion and probation.
Employees who have been detached from the body of correctional advisors for insertion and probation who have not submitted their application for detachment in accordance with the terms set out in the third paragraph of this article are reintegrated into their original bodies after the six-month period referred to above.
The civil servants mentioned in articles 20 and 22 retain the reductions and increases of seniority granted and not used for the advancement of their former bodies in accordance with the general conditions established for state officials.
Trainees under the body of the insertion and probation advisors governed by the decree of 21 September 1993 referred to above continue their training in the body of prison advisors for insertion and probation.
Access to the body of insertion and probation advisors whose opening order was published before the date mentioned in section 29 continues until their completion. The winners of these contests, whose appointment was not made before that same date, are appointed as a student in the rank of Correctional Adviser for Insertion and Probation of the Standard Class.
Complementary lists established by the jury of the contests referred to in the first paragraph may be used to fill vacancies that fall under the rank of Correctional Adviser for Inclusion and Probation of the normal class.
Contractual officers recruited under section 27 of the above-mentioned Act of 11 January 1984, who are intended to be held in the rank of a normal class probation and insertion advisor, are kept in office and are intended to be held in the rank of a regular class prison advisor.
The competent parity administrative board in respect of the body of the boards of insertion and probation shall remain in office until the end of the mandate of staff representatives.
Members who previously represent officials who hold the rank of 2nd Class Insertion and Probation Advisor represent, as of the coming into force of this Order, officials who hold the rank of Correctional Counsel for Insertion and Probation of the Standard Class.
Members who previously represent officers who hold the rank of First Class Insertion and Probation Advisor represent, as of the coming into force of this Order, officials who hold the rank of Senior Correctional Adviser.
Title I of the above-mentioned Decree of 21 September 1993 is repealed.
The provisions of this decree come into force on the first day of the month following its publication in the Official Journal of the French Republic.
The Guard of Seals, Minister of Justice and Freedoms, Minister of Budget, Public Accounts, Public Service and State Reform, Spokesman of the Government, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and State Reform, responsible for the public service, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Gazette 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
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
