Legislation Decree No. 2012-681 of May 7, 2012 on offices of victims Decree No. 2012-681 of May 7, 2012 on offices of victims summary amendment of the code of criminal procedure, the penal code, the code of public health, the code of education, of the code of social security, the social action and family code , the rules of the road.
Amendment of Act No. 87-432 of 22 June 1987 on the public service prison: amendment of article 2. Amendment of Ordinance No. 45-174 of 2 February 1945 concerning juvenile delinquency: modification of articles 8, 10; creation of article 12-3. Modification of judicial experts Act No. 71-498 June 29, 1971: amendment of article 2. Amendment to Act No. 2010-242, March 10, 2010 to lessen the risk of criminal recidivism and containing various provisions of criminal procedure: amendment to article 17. Amendment law No. 2009 - 1436 of 24 November 2009 prison: amendment to article 12.
Key words JUSTICE, CODE of PROCEDURE criminal, CPP, CODE PENAL, CODE of the health public, CSP, EDUCATION CODE, the social security CODE, CSS, CODE of social ACTION and families, ASF, the highway CODE, enforcement of sentences, effectiveness, PREVENTION, RECIDIVISM, improvement, support, minor OFFENDER, reform, PROCEDURE, design, CONSTRUCTION, prison doctor treating, INFORMATION, JAP, judge of enforcement of sentences
, Condemns, follow-up care, realization, EXPERTISE, person sentenced, CRIME, monitoring SOCIO-JUDICIAIRE, release parole, contract of commitment, VOLUNTEERING, internal in Psychiatry, support psychiatric, registration, list, EXPERT-judicial, physician Coordinator, place of exercise, IMPLANTATION, CENTRE educational farm, CEF, person placed under hand of JUSTICE, PPSMJ, draft Act records legislative Dossier Legislative Act No. 2012-409 of March 27, 2012 JORF n ° 0075 of 28 March 2012 page 5592 text no. 1 Act No. 2012-409 of March 27, 2012, relative programming to the enforcement of sentences (1) NOR: JUSX1128281L ELI: https://www.legifrance.gouv.fr/eli/loi/2012/3/27/JUSX1128281L/jo/texte Alias: https://www.legifrance.gouv.fr/eli/loi/2012/3/27/2012-409/jo/texte deliberated by the National Assembly and the Senate, the National Assembly, having regard to the Council decision adopted constitutional n ° 2012 - 651 DC from March 22, 2012;
The President of the Republic enacts the law whose content follows: chapter I:: provisions of programming on enforcement of sentences Article 1 more on this article...
The report defines the objectives of the policy of enforcement of sentences, annex to this law is approved.
Article 2 more on this article...
Article 2 of Act No. 87-432 of 22 June 1987 on the public service prison is amended as follows: 1 ° paragraph 1 is supplemented by a sentence as follows: "this mission may also relate to the operation or maintenance of penitentiary institutions, excluding the functions of management, registry and surveillance."
2 ° after the first sentence of the second paragraph is inserted a sentence as follows: "this market can particularly be passed the competitive dialogue procedure laid down in articles 36 and 67 of the code of public contracts, under the conditions laid down in those articles."
Article 3 read more on this article...
I. ― the procedure laid down in article L. 15 - 9 of the code of the expropriation for public utility can be applied with a view to taking immediate possession statewide built or undeveloped land acquisition is necessary for the construction or extension of prison operations.
The decrees with the assent of the Council of State under the first paragraph of the same article L. 15 - 9 must be taken no later than December 31, 2016.
II. ― articles L. 314 - 1, L. 314 - 2 and L. 314 - 6 of the town planning code shall apply, as appropriate, to the construction or extension of prisons operations according to the procedure laid down in article L. 15 - 9 of the code of the expropriation for public utility.
Chapter II: Provisions to improve the enforcement of Article 4 in sentences read more of this article...
I. ― article 41 of the code of criminal procedure is amended as follows: 1 ° to the seventh preambular paragraph, the words: "the prison service integration and probation, the competent Department of supervised education or any person authorised under the conditions laid down in article 81, sixth paragraph" are replaced by the words: "a person authorised under the conditions laid down in the sixth paragraph of article 81 or. in cases of material impossibility, the prison service integration and probation";
2 ° to the ninth preambular paragraph, the words: "the prison service integration and probation, the competent Department of the judicial protection of youth, or any person authorised under the conditions of article 81, paragraph" are replaced by the words: "a person authorised under the conditions laid down in the sixth paragraph of article 81 or, if material impossibility, the prison service integration and probation".
II. — to the first sentence of the seventh paragraph of article 81 of the code, the words: "depending on the case, the prison service integration and probation, the competent authority of the judicial protection of youth or any association empowered pursuant to the preceding paragraph" are replaced by the words: "a person authorized pursuant to the sixth preambular paragraph, or in the event of material impossibility ", the prison service integration and probation.
III. — Ordinance No. 45-174 of 2 February 1945 concerning juvenile delinquency is amended: 1 ° after the word: "collect," the end of the fourth paragraph of article 8 reads as follows: "by any measure investigative, information relating to the personality and the social and family environment of the minor.";
2 ° after the word: 'load', the end of the fourth paragraph of article 10 reads as follows: "services of the public sector for the judicial protection of youth and associative sector empowered investigative measures relating to the personality and the social and family of the minor environment."
Article 5 read more on this article...
I. ― 10 ° of article 138 of the code of criminal procedure is complemented by three sentences thus written: "a copy of the order of placement under judicial control is addressed by the examining magistrate to the doctor or psychologist that must follow the person. The reports of the expert assessments carried out during the investigation or the statement are sent to the doctor or psychologist, at their request or on the initiative of the investigating judge. It can also send them any other useful piece of the record; ».
II. ― 3 ° of article 132-45 of the penal code is complemented by three sentences thus written: "a copy of the decision ordering such measures is addressed by the judge of the application of penalties to the doctor or psychologist that must follow the sentenced person. The reports of the expert assessments carried out during the procedure are sent to the doctor or psychologist, at their request or on the initiative of the judge sentences. It can also send them any other useful piece of the record; ».
III. — the first paragraph of article l. 3711-2 of the public health code reads as follows: 'the enforcement judge shall inform the attending physician, through the coordinating physician, copy of the decision ordered the injunction to care. J. communicates to the attending physician, at the request of the latter or on its own initiative, through the coordinating physician, copy of reports of medical examinations conducted during the investigation or the statement, the final indictment, the order for reference before the Court's judgment, the decision of conviction as well as reports of expertise which it has ordered running of the penalty. The judge may, in addition, contact the doctor for any other useful piece of the record. ' Article 6 more on this article...
I. ― the code of criminal procedure is amended as follows: 1 ° after article 138-1, inserted a section 138-2 worded as follows: «art.» 138-2.-in the event of prosecution for a crime or an offence referred to in article 706-47, the investigating judge or the judge of freedoms and detention may, ex officio or at the request of the public prosecutor, decide in its order of placement under judicial supervision that a copy of this order is transmitted to the person from whom the accused establishes his residence if this transmission is necessary to prevent the renewal of the offence.
"When the person being consideration for one of the offences mentioned in the first paragraph of this article is educated or aims to continue his education in a school, public or private establishment, copy of the order is, in all cases, transmitted by the examining magistrate to the academic authority and, as appropriate, to the head of concerned; the investigating judge shall also inform those authorities of decisions amending the obligations of judicial review bearing on the place or the mode of education of the person.
"Persons to whom decisions were transmitted in accordance with the second subparagraph may not be state information so obtained to personnel who are responsible for security and order in the establishment and, where appropriate, in the structures responsible for the accommodation of students and professionals, subject to professional secrecy, which are responsible for monitoring social and health students. The sharing of this information is strictly limited to what is necessary for the performance of their duties.
' Without prejudice to the provisions of article 226-13 of the penal code criminalizing the violation of professional secrecy, the fact that people to whom decisions were transmitted in application of this article, or who have had knowledge of the information contained therein in accordance with the penultimate paragraph, to communicate these decisions or their contents to third parties not allowed to share this information is liable to a fine of €3,750. ';
2 ° after section 712-22, it is inserted an article 712-22-1 worded as follows: «art.» 712 22-1.-when a person placed under the control of the application judge sentences has been condemned for a crime or an offence referred to in article 706-47, this judge may, ex officio or at the request of the Crown, order that a copy of the decision of conviction or decision of modification of the sentence, parole, judicial or security monitoring monitoring is transmitted to the person from whom the convicted person establishes his residence if this transmission appears necessary to prevent recurrence.
"When the person convicted of any of the offences referred to in the first paragraph of this article is educated or aims to continue his education in a school, public or private establishment, copy of the decision is, in all cases, transmitted by the judge for the application of penalties to the academic authority and, as appropriate, to the head of concerned; the enforcement judge shall also inform those authorities of decisions amending the obligations imposed on the convicted person impacting on the mode of education of the convicted person or the place.
"Persons to whom decisions were transmitted in accordance with the second subparagraph may not be state information so obtained to personnel who are responsible for security and order in the establishment and, where appropriate, in the structures responsible for the accommodation of students and professionals, subject to professional secrecy, which are responsible for monitoring social and health students. The sharing of this information is strictly limited to what is necessary for the performance of their duties.
«Without prejudice to the provisions of article 226-13 of the penal code criminalizing the violation of professional secrecy, the fact that people to whom decisions were transmitted in application of this article, or who have had knowledge of the information contained therein in accordance with the penultimate paragraph, to communicate these decisions or their contents to third parties not allowed to share this information is liable to a fine of €3,750.»
II. ― Chapter I of title I of book II of the first part of the education code is supplemented by an article L. 211 - 9 worded as follows: «art.» L. 211-9. -Where, in the cases provided for in articles 138-2 and 712-22-1 of the code of criminal procedure, information relating to the placement under judicial supervision or conviction of a student is brought to the attention of the academic authority, the student placed under judicial supervision or sentenced is, in light of legal obligations to which it is subject, in the public institution that this authority is unless it is allowed in an establishment private, educated family or by the use of public service of distance learning provided in article L. 131 - 2 of this code. ' Article 7 more on this article...
The code of criminal procedure is amended as follows: 1 ° the fifth paragraph of article 717-1 is replaced by three paragraphs thus worded: "the attending physician of the convicted person delivers to the latter, at least once a quarter, certificates stating whether the patient or not on a regular basis the treatment proposed by the judge of the enforcement of sentences. The convict delivers these certificates to the judge of the application of punishments, so that it can take a decision, by virtue of sections 721, 721-1 and this code 729, on the withdrawal of penalty reductions, reductions of sentence granting additional or the granting of parole.
"A copy of the decision of condemnation is addressed by the judge of the application of penalties to the attending physician of the convicted person. The reports of the expert assessments carried out during the procedure also addressed the medical practitioner, at his request or at the initiative of the judge sentences. Furthermore, it can contact the doctor for any other useful piece of the folder.
"The fifth and sixth paragraphs are also applicable to the attending psychologist of the sentenced person.";
2 ° the last sentence of the third paragraph of article 721 is replaced by two sentences thus written: "it is the same when the judge of the enforcement of sentences is informed pursuant to section 717-1, that the convicted person does not regularly follow the treatment he had proposed. The decision of the judge of the enforcement of sentences is taken under the conditions laid down in article 712-5. » ;
3 ° the first paragraph of article 721-1 is supplemented by a sentence as follows: 'It is same when the judge of the enforcement of sentences is informed pursuant to section 717-1, that the convicted person does not regularly follow the treatment he had proposed.';
4 ° article 729 is amended as follows: a) after the first sentence of paragraph 10 is inserted a sentence as follows: 'It is same when the judge of the enforcement of sentences is informed pursuant to section 717-1, that the convicted person does not regularly follow the treatment he had proposed.';
(b) at the beginning of the second sentence, the word: «It» is replaced by the words: "parole".
Article 8 more on this article...
2 ° of article 730-2 of the code, the words: "by two experts and" are replaced by the words: 'or by two expert psychiatrists, by an expert psychiatrist and an expert psychologist holds a diploma, certificate or for basic and applied university training in psychopathology. Expertise.
Article 9 read more on this article...
I. ― article L. 632 - 7 of the code of education is thus restored: «art.» 632-7. -Each year, joint order of the Minister of justice and Ministers responsible for health and the budget determines the number of interns who, having chosen for speciality Psychiatry, may sign a contract of commitment to support psychiatric of persons placed in the hands of justice with the national Centre of management referred to in article 116 of Act No. 86-33 January 9, 1986, supra.
"This agreement gives you the right, in addition to the remuneration to which interns are entitled because of their training, to a monthly allowance paid by the national Centre for management until the end of their medical studies.".
"In return for this allowance, the internal are committed to training, during or at the end of their medical studies in criminal sciences, forensic or criminal psychology legal or criminal, judicial expertise or the prevention of recidivism. '' They also undertake to practise as a psychiatrist in an employed capacity or as liberal and employee, from the end of their training, in a spring chosen pursuant to the fourth paragraph of this article, as well as to request their inclusion on the list of experts about the Court of appeal and on the list of coordinators doctors laid down in article l. 3711-1 of the code of public health for their designation in this spring. The duration of their commitment is equal to double that during which the allowance was paid, without being less than two years.
"During the last year of their studies, internal having signed a contract of commitment to psychiatric support of persons placed in the hands of justice choose the jurisdiction in which they undertake to exercise on a list of springs characterized by insufficient judicial expert psychiatrists or doctors coordinators. This list is established by joint order of the Minister of justice and the Minister of health.
"Physicians or internal having signed a contract of commitment to psychiatric support of persons placed in the hands of justice can emerge from their obligations under the third paragraph on payment of compensation which the amount cannot exceed the amounts collected in respect of this contract. Conditions of calculation and of payment of this allowance shall be determined by a joint order of the Minister of justice and the Ministers responsible for health and the budget. The recovery is provided by the national Centre for management.
"The conditions for the application of this article are laid down by Decree in Council of State. It said including the terms under which doctors may, for the duration of their commitment, be allowed to change exercise spring and to be entered on the lists of experts at the Court of appeal or coordinators physicians established for springs in other jurisdictions, as well as the conditions in which the absence of validation of training making the object of the contract and the refusal to accept designations as an expert by the Court of appeal or coordinating physician can be considered a breach of the commitment referred to in the third subparagraph. The list of the training referred to in the third paragraph for which the contract can be signed is determined by a joint order of the Minister of justice and the Ministers responsible for higher education and health. "II. — in the first subparagraph of article L. 681-- 1 and l 683 - 1 and L. 684 articles 1 of the same code, after the reference:" L. 632 - 5, ", is inserted the reference:" L. 632 - 7 '.
III. — has the last sentence of the first paragraph of article L. 136 I - 5 of the code of social security, the words: ' allowance referred to in article L. 632 - 6 "are replaced by the words:" the allowances mentioned in articles l 632 - 6 and L. 632-7.
IV. ― article 2 of Act No. 71-498 29 June 1971 relating to judicial experts is amended as follows: 1 ° after the word: 'experts', the end of the III reads as follows: "legal if he cannot prove to its inclusion on a list prepared by a Court of appeal for at least five years, be recognized in a Member State of the European Union other than the France and skills acquired through the exercise in this State. , for a period which cannot be less than five years of activities likely to provide technical information to the courts in the context of their jurisdictional activity. » ;
2 ° to the IV, after the word: 'refusal', shall be inserted the words: ' registration or.
Article 10 more on this article...
Article l. 6152-4 of the public health code is amended as follows: 1 ° at the beginning of the first paragraph, is added the words: «I. — ";
2 ° an II as follows is added: "(II). ― The provisions for the application of article 25 of Act No. 83-634 of 13 July 1983 to staff referred to in 1 ° to 4 ° of article l. 6152-1 provide the conditions in which such personnel may devote part of their time of service to the realization of expertise ordered by a magistrate under the code of criminal procedure. ' Article 11 more on this article...
The last paragraph of article L. 315 - 2 of the social action and family code reads as follows: "the call for proposals procedure provided for in article L 313-1-1 is not applicable to establishments and services of the State referred to in 4 ° of article l. I. 312-1.»
Article 12 read more on this article...
I. ― Chapter II of Ordinance No. 45-174 of 2 February 1945 concerning juvenile delinquency is supplemented by an article 12-3 worded as follows: «art.» 12-3.-in the event of delivery of an enforceable decision ordering a measure or an educational sanction provided for in articles 8, 10-2, 10-3, 12-1, 15, 15-1, 16, 16B and 19, with the exception of the investment decisions, or declaring one sentence other than a custodial firm penalty, it is awarded the minor and his legal representatives, after their hearing or the hearing a notice to appear, within a maximum period of five working days before the judicial protection of youth service designated for the implementation of the decision. This service is thus seized the implementation measure.
"If the minor does not on the date set, the juvenile judge or the investigating judge called before him if he considers it useful, or within a maximum period of ten days, before the office for the judicial protection of youth."
II. ― article 12-3 of Ordinance No. 45-174 of 2 February 1945 concerning juvenile delinquency shall enter into force on January 1, 2014.
Article 13 read more on this article...
I. ― the penal code is amended as follows: 1 ° the second subparagraph of article 133-16 is supplemented by a sentence as follows: "Furthermore, rehabilitation produces its effects only after a period of forty years when made as additional penalty, prohibition, incapacity or lapse to definitively."
2 ° at the end of 4 ° of article 213-1, at the end of 2 ° of article 213-3, at 4 ° of article 215-1 to 3 ° of article 215-3, in articles 225-25, 227-33, 442-16 and 450-5 and at the end of article 462-6, the words: ' possessions' shall be replaced by the words: "property belonging to them or, subject to the rights of the owner in good faith. they freely available ';
3 ° A 422-6 article, the words: ' possessions' shall be replaced by the words: "property belonging to them or, subject to the rights of the owner in good faith, they free available ';
4 ° in the second paragraph of article 222-49 and 12 ° of article 324-7, after the word: 'condemned', shall be inserted the words: 'or, subject to the rights of the owner in good faith, which he has the free disposal.
II. — the code of criminal procedure is amended as follows: 1 ° the last subparagraph of articles 736 and 746 is supplemented by a sentence as follows: "disabilities, prohibitions and pronounced disqualifications as a supplementary penalty, definitively cease to have effect at the end of a period of forty years from agenda where the conviction was deemed not avenue."
2 ° 4 ° of article 775 is supplemented by a sentence as follows: "It is similarly bans, disabilities or pronounced disqualifications as a supplementary penalty, on a final basis;"
3 ° article 783 is supplemented by a paragraph worded as follows: "However, when rehabilitation is granted by the Board of education, the second paragraph of the same article 133-16 is not applicable and the rehabilitation immediately produces its effects for convictions under the same paragraph."
III. ― 1 ° of the I and II of this article shall enter into force for convictions for acts committed after the publication of this law, January 1, 2015.
Article 14 read more on this article...
I. ― after article 133-16 of the penal code, article be inserted a 133-16-1 worded as follows: «art.» 133 16-1.-If the person has been sentenced by a criminal court of a Member State of the European Union in one of the following penalties, rehabilitation is likely to produce its effects on French convictions that at the end of the periods hereinafter fixed: "1 ° when the penalty is a penalty only from deleting this sentence or the flow of a period of three years from its pronouncement;
«2 ° when the sentence is a sentence of imprisonment of more than one year, starting from deleting this sentence or of the expiry of ten years of his pronouncement;
«3 ° when the sentence is a sentence of imprisonment of more than ten years, starting from erasing the conviction or the expiry of a period of forty years of his pronouncement;
«4 ° when the person has been sentenced to a penalty other than those defined in 1 ° to 3 °, from deleting this sentence or the flow of a period of five years from its pronouncement. ''
II. ― the code of criminal procedure is amended as follows: 1 ° article 769 is amended as follows: a). in the second sentence of the third paragraph, after the word: "imprescriptible", shall be inserted the words: "or by a foreign jurisdiction."
(b) it is added a 10 ° as follows: "10 ° sentences passed by foreign courts, upon receipt of a notice of cancellation of the State conviction, or a decision of withdrawal of reference ordered by a French court. '' However, if the sentence was handed down by a Court of a Member State of the European Union, the withdrawal ordered by a French court does not obstacle to its transmission to the other Member States of the European Union. » ;
2 ° after article 770, inserted an article 770-1 worded as follows: «art.» 770-1.-If a french citizen was sentenced by a foreign jurisdiction and this condemnation is contained in bulletin No. 1 of his criminal record, it can request the removal of this reference to the Court from his home, or Paris if they reside abroad.
"The query cannot be brought before the competent court, under penalty of inadmissibility, that at the end of the time limits provided for in article 133-16-1 of the penal code.
"The request is educated and considered in accordance with article 703 of this code.
'If the conviction is by a Court of a Member State of the European Union, the withdrawal of its mention in the bulletin No. 1 shall not preclude to its transmission to the other Member States.';
3 ° 13 ° of article 775 is supplemented by the words: "concerning a minor or whose use for purposes other that a criminal procedure was expressly excluded by the jurisdiction of conviction."
4 ° article 775-1 is supplemented by a paragraph worded as follows: "If a french citizen was sentenced by a foreign jurisdiction, it may also, under the same procedure, ask the Correctional Court of domicile, or Paris if they reside abroad, that the word be excluded from bulletin No. 2."
5 ° after article 775-2, inserted an article 775-3 worded as follows:
«Art.» 775-3.-Information Bulletin No.2 of the criminal record of a person, when they are related to a conviction in a foreign jurisdiction, are removed on expiry of the time limits provided for in article 133-16-1 of the penal code. » ;
6 ° article 777 is amended as follows: a) in the first paragraph, after the word: "pronounced", are inserted the words: "by a national court."
(b) before the last paragraph, inserted a paragraph worded as follows: 'bulletin No. 3 also contains sentences passed by foreign courts to deprivation of liberty for a period exceeding two years who don't have any reprieve.';
(c) the last subparagraph is supplemented by the words: ", except when it comes to the central authority of a Member State of the European Union, seized by the person concerned."
(d) it is added a paragraph worded as follows: 'If the applicant is a foreign national of a Member State of the European Union, any request for bulletin No. 3 is addressed to the central authority of that State, so that it communicates the particulars which appear on the ballot is issued.';
7 ° the 777-1 article, the words: "1st paragraph of" are deleted.
III. — the provisions of the penal code and the code of criminal procedure resulting from this article shall apply to convictions by a foreign effective jurisdiction April 27, 2012.
IV. — the second paragraph III of article 17 of Act No. 2010-242, March 10, 2010 to lessen the risk of criminal recidivism and containing various provisions of criminal procedure is deleted.
Article 15 read more on this article...
The penultimate sentence of the fifth paragraph of article 706-53-5 of the code of criminal procedure reads as follows: 'When the person is in a State of legal re-offending, monthly presentation plan shall apply ipso jure.'
Chapter III: Provisions relating to execution of the forfeiture penalties Article 16 in more on this article...
I. — the first sentence of paragraph 9 of article 131-21 of the criminal code reads as follows: "the confiscation may be ordered in value."
II. — after article 706-141 of the code of criminal procedure, it is inserted an article 706-141-1 worded as follows: «art.» 706 141-1.-entry can also be ordered in value. Certain types of property-specific rules laid down in chapters III and IV of this title apply to property on which the input value is performed. ' Article 17 more on this article...
I. ― article 131-21 of the criminal code is amended as follows: 1 ° in the fifth preambular paragraph, the words: "when it put in a position to explain the property whose forfeiture is envisaged, a" are replaced by the words: "or, subject to the rights of the owner in good faith, which he has the free disposal, when the convicted person or the owner, put in a position to explain property whose forfeiture is envisaged. ', have ';
2 ° to the sixth preambular paragraph, after the word: 'condemned', shall be inserted the words: 'or, subject to the rights of the owner in good faith, which he has the free disposal.
II. — the first sentence of article 706-148 of the code of criminal procedure reads as follows: "If the investigation concerns an offence punishable by at least five years ' imprisonment, the judge of freedoms and detention may, upon request of the Prosecutor of the Republic, authorize by reasoned order the seizure, at the expense of advanced Treasury, assets slated for confiscation pursuant to the fifth and sixth paragraphs of article 131-21 of the criminal code when the law criminalising the". crime or provided for the offence, or where the origin of these goods cannot be established. "Article 18 more on this article...
The code of criminal procedure is amended as follows: 1 ° the second subparagraph of article 707-1 is replaced by two paragraphs thus worded: "Nevertheless, legal proceedings for the recovery of fines and enforcement of confiscation in value are made on behalf of the competent prosecutor of the Republic by the public accountant or, in cases where the value confiscation runs on previously seized property by the Agency management and recovery of seized and confiscated assets.
"The execution of other confiscations is conducted on behalf of the Prosecutor of the Republic by the Agency management and recovery of assets seized and confiscated when they relate to the movable or immovable property referred to in paragraphs 1 ° and 2 ° of article 706-160, even if they don't have not been previously entrusted. Agency management and recovery of assets seized and confiscated proceeds, if applicable, with the formalities of publication. » ;
2 ° the penultimate paragraph of the same article 707-1 reads as follows: "prescription of sentencing is interrupted by the acts or decisions of the public prosecutor, the courts of enforcement of sentences and for the penalties of fine or confiscation under their jurisdiction, Treasury or agency management and recovery of assets seized and forfeited, tending to his execution."
3 ° after the word: 'referred', the end of 3 ° of article 706-160 reads as follows: 'in articles l. 2222-9 of the general code of the property of public persons and 707-1 of this code;'.
Article 19 more on this article...
Article 713-40 of the code is amended as follows: 1 ° the third paragraph is replaced by two paragraphs thus worded: "the costs of execution of the confiscation order shall be charged on the total of the amounts recovered.
"The recovered money and the proceeds of the sale of property confiscated, net of the costs of execution, are vested in the State french when this amount is less than €10,000 and vested half to the french State and half to the requesting State within other cases.";
2 ° the last paragraph is supplemented by a sentence as follows: "the amount recovered, net of all charges, is shared according to the rules laid down in this article."
Article 20 more on this article...
The second sentence of the second paragraph of article L. 325-1-1 of the code of the road, the words: "the Agency management and recovery of seized and confiscated assets' are replaced by the words:"in the service of the areas.
Chapter IV: Provisions various Article 21 read more on this article...
Articles 4 to 8 and 12 to 20, as well as the IV of section 9 of this Act are applicable in New Caledonia, French Polynesia and the Islands Wallis and Futuna.
Article 22 read more on this article...
It is inserted after the second paragraph of article 12 of law No. 2009 - 1436 of 24 November 2009 prison, a paragraph worded as follows: 'They also ensure the protection of the buildings housing the headquarters of the Ministry of justice.'
A N N E X E report defining the objectives of the policy of EXECUTION of sentences Act, for implementing programming sentences has aims to guarantee the speed and effectiveness of the execution of sentences, including sentences of imprisonment, capacity-building for the prevention of recidivism and improve support for juvenile offenders.
These objectives are defined and specified by the present report.
I. ― ensure the speed and effectiveness of the execution of sentences, including sentences of imprisonment a. ― increasing and diversifying the prison Park to ensure effective execution sentences the first objective of this Act is to adapt quantitatively Park prison predictable at the end of the year 2017 needs, bringing it up to 80 000 places on that date.
October 1, 2011, the prison estate was 57 540 places to 64 147 prisoners.
The most likely scenario of the evolution of the prison population leads to a forecast of about 96,000 people ecrouees, detained or not, to the year 2017. It extends the growth seen between 2003 and 2011 sentences to deprivation of liberty, or 2 per cent per year on average, to settle in 2018 at a level slightly higher than 154 000 annual penalties. It is also based on a sustainable improvement of the deadlines of execution of sentences.
At the same time, the Government anticipates an increase in the number of people detained but not owned (for the most part be placed under electronic surveillance) of 8 200 to 1 October 2011 to 16 000 in 2017, which extend recorded developments recent years planning of sentences, developments that have increased since the entry into force of law No. 2009 - 1436 of 24 November 2009 prison (the number of people placed under electronic surveillance stood at 1,600 to the) 1 January 2007 and on January 1, 2011 5,800).
Under these assumptions, the number of ecrouees detainees will be 80,000 at horizon 2017, which means to increase the capacity of the prison Park to 80 000 places at this date.
The second objective of this law, related to the first, is to have quickly and in sufficient numbers of facilities specially designed to accommodate people sentenced to short prison terms. This objective meets several findings: ― the current fleet lacks specific capabilities for short sentences (However, more than half of the punishment awaiting execution have a length less than or equal to three months);
― Today, lack of suitable structures, convicts with short sentences are generally accommodated in remand. However, by combining those condemned to short sentences, including primo-convicted persons in facilities better designed and suited to their profile, the desocialisants effects of incarceration could be limited;
― maintaining a uniform Park is suboptimal economically: persons sentenced to short terms representing not the same danger as those sentenced to longer terms, they can advantageously be hosted at establishments in lean safety, investment and operating cost will be less than that of a classic hotel.
Diversification of the prison estate that will result from the rapid construction of several thousands of prison places specially adapted to the short sentences of less or equal to one year or where the remainder is less or equal to one year will allow consistent categories of establishment and profiles, especially those in danger.
To achieve these two objectives, the prison estate program being conducted by the Department of justice must be adapted and supplemented. It must be carried out as soon as possible to improve the enforcement of sentences.
Real estate programming, which is the subject of the first part of this report is structured around the number of new open raw places, year by year, from 2013 to 2017. For each type of place, are set a unit cost of reference, excluding land acquisition costs, expressed in euro value 2010, as well as a student-teacher ratio "number of personnel by inmate. Credits and necessary jobs will be deducted every year, in order to adjust the budgetary programme to changes in the timing of the transactions.
The costs of construction of reference will be updated according to the evolution of the BT01 construction cost index.
In addition, a mapping of the needs of prison places will be established within the jurisdiction of each interregional Directorate of prison administration, in order to fit the need and offers.
1. adjust the construction programs already launched a) the '13 200' programme program under Act No. 2002 - 1138 of 9 September 2002 on the orientation and programming for justice will be completed. This program, which will include the reconstruction of the penitentiary centre of Draguignan, to have almost 5,000 new seats. These 5,000 seats, whose construction is essentially already launched, are not included in the scope of this programming. They are however recorded in the future Park of 80 000 places.
The "13 200" programme will be however changed on two points.
Firstly, the capacity of the establishments known as 'new concept' provided for in the programme and whose construction is not yet launched will be increased. Indeed, these areas 'new concept', versatile and modular, include units of accommodation for short sentences. These units will be denser, so as to increase the number of seats for short sentences available. Each district 'new concept' changed, which will remain attached to a classic hotel, will have a capacity of 150 seats, instead of the 90 seats previously envisaged.
On the other hand, four additional day parole centres will be Assistant to the program. Certainly, in light of the development of electronic surveillance, places for day parole requirements appear generally covered for the coming years. Nevertheless, there are still residual needs in major centres, including in Ile-de-France. The construction of four additional day parole centres, for a total of 270 seats, will be therefore programmed. The average cost in place is estimated at €92 558 (excluding land). Teacher/student ratio is estimated at 0.17 staff per prisoner.
(b) the new program real estate (NPI) the IPN announced by the garde des sceaux in May 2011 will be densified. The average capacity of the facilities will be increased from 532 seats to 650 seats. With the exception of Parisian establishments, the capacity of the facilities however in no event exceed 850 places. This program will thus create 9 500 net places, instead of the 7 400 originally planned places.
This program provides, inter alia, the closure of the current detention centre of New Caledonia and the construction of a new penitentiary centre.
The average unit cost of construction instead of the new real estate program for institutions under the public-private partnership will be thereby reduced from 164,000 were generated through to € 152 000 (excluding land). As to the marginal cost of additional net places, it will be €62 000.
Average ratios will be 0.45 staff per prisoner.
Six NPI institutions planned to be carried out in public management (design-build) only will be however not densified, given their characteristics, including complexity and remoteness.
The NPI program will be however modified on two points.
Firstly, an additional establishment of 220 seats will be built in Guyana. The average cost to the site, off land, is estimated at approximately €363 000. The jobs necessary for the operation of this structure amounted to 149 worked full-time equivalents (ETPT).
On the other hand, a new facility will be built to accommodate prisoners who suffer serious behavior disorders without provided psychiatric internment, on the model of the current establishment of Château-Thierry. This structure will provide 95 seats. The average cost to the site, off land, is estimated at approximately €384 000. The jobs necessary for the operation of this structure are estimated at 105 ETPT.
2 start a new specific programme for construction of facilities dedicated to the short sentences in addition to places of accommodation for short sentences, which will be created within the districts 'new concept', a new construction program will be launched, with exclusively on structures for short sentences.
These structures take the form either quarters for short sentences backed conventional prisons, or short sentences autonomous institutions. In the first case, their capacity will be 150 places; in the second case, of 190 seats.
The design of institutions and neighbourhoods for short sentences will be adapted to the particular nature of these sentences. In particular, security constraints there will be alleviated.
The cost instead of the quarters for short sentences will be 40% lower than the cost instead of a classic hotel (a House of judgment of 100 seats) and 10% of the districts 'new concept '. It is estimated at €103 900.
This cost will be slightly higher for establishments for short stand-alone sentences that will be not an establishment-backed and which, as such, cannot benefit from the pooling of certain services and support functions. It remains 35% lower cost instead of a classic and comparable to that of a neighborhood establishment 'new concept '. It is estimated at €114 300.
The frame, suitable for low dangerousness of the detainees, will be less than half that of a classic hotel. It will be 0.22 staff per prisoner.
The following table summarizes the openings of raw places planned over the period, by category: number of seats gross scheduled 2013 2014 2015 2016 2017 TOTAL 2013 - 2017 densified NPI 934 3 753 5 911 5 717 16 315 additional settlement in Guyana 220 220 institutions for short sentences and quarters for short sentences 3 768 2 079 5 847 districts 'new concept' densified («13 200» program) 1 650 1 650 60 90 120 270 institution 95 semi-liberty Centres
95 total programmed raw places 60 1 024 5 523 9 679 8 111 24 397 total, if we add the places foreseen in districts 'new concept' program '13 200' and those in institutions and neighbourhoods for short sentences, they are almost 7 500 spaces adapted to the short sentences that will be created by 2017.
The following table traces the expected number of seats available from 2011 to 2017: 2011 2012 2013 2014 2015 2016 2017 TOTAL 2013-2017 TOTAL 2011-2017 gross seating open in respect of the programming law 0 0 60 1 024 5 523 9 679 8 111 24 397 24 397 gross seating open to the title of real estate programs already launched 1 790 1 896 1 014 802 968 1 454 981 5 219 8 905
Total Open raw places 1 790 1 896 1 074 1 826 6 491 11 133 9 092 29 616 33 302 seats closed ― 807 ― 982 ― 438 ― 272 ― 2 149 ― 3 383 ― 2 601 ― 8 843 ― 10 632 Total net open seats 983 914 636 1 554 4 342 7 750 6 491 20 773 22 670 number of seats available to 31 December 58 366 59 280 59 916 61 470 65 812 73 562
80-053-3. Review the classification of prisons to better adapt it to profile detainees A the year 2017, the new programme for the construction of facilities for short sentences will lead to significantly diversify available prison Park. This evolution will break with the consistency of support and no longer impose on persons sentenced to short terms of safety requirements designed to more dangerous profiles. In doing so, the risk of alienation and recidivism will be reduced.
As a result, the classification of prisons will specify their level of security. Today, the criminal procedure code distinguishes two categories of penitentiary institutions: jails and institutions for sentences, institutions themselves subdivided into detention centres and penitentiaries. This classification does not sufficiently take into account the diversity profile of the detainees in the prison security plan. The typology of the security levels of the houses stop and settlements for sentences will distinguish: ― security strengthened;
― intermediate security institutions;
― Security adapted;
― Lean security institutions.
New institutions for short sentences (or ECP) within the category of lightweight security institutions.
4. to develop legal tools and human means necessary to accelerate the construction and opening of new settlements and the goal of 80 000 places by 2017 article 2 of the Act will allow the public agency for real estate of justice to enter into contracts for the design using the competitive dialogue procedure. These contracts will also take account of the benefits of operating and maintenance.
Section 3 of this Act also plans to extend the provision to accelerate the expropriation proceedings, introduced by Act No. 2002-1138 of 9 September 2002. The expropriation procedure laid down in article L. 15 - 9 of the code of the expropriation will be applied to taking immediate possession by the State of the land, built or undeveloped, whose acquisition is necessary for the construction or extension of prison operations.
Prison administration and the public agency for real estate of justice, in consultation with the Ministry of defence, will particularly assess the feasibility of a conversion of buildings or rights-of-way owned national defence to establish prisons, and especially the lightened structures of type centres open detention or quarters short sentences or parole.
Furthermore, as regards human resources, the strength of the public agency for real estate of justice must be temporarily strengthened to cope with the increase of the burden resulting from this programming plan.
Similarly, the capacity of the National School of prison administration must be increased.
B. ― ensure a faster implementation of penalties 1. Strengthen the enforcement and execution of sentences justice credible and effective only if its decisions are quickly executed. The effectiveness of the execution of sentences, and specifically firm prison sentences which punish the most serious facts, is an essential component of the criminal policy against crime and against recidivism.
More than some 585,000 criminal convictions are pronounced every year in repression of crimes or offences, whose near 126 650 custodial sentences, according to 2010 data. Among these sentences, 91% are fittable sentences. The recent reforms in the implementation and enforcement of sentences have achieved their objectives: significantly increase penalties facilities to promote the reintegration of convicts, establish electronic surveillance at end of sentence to avoid the outputs dry detention persons who do not benefit from such development and develop security measures when these people are a danger and a risk of recidivism at the end of sentence. The workload of the services application and execution of sentences in the courts has therefore increased.
Furthermore, the working groups set up by the keeper of the seals, Minister of justice, advocated that the workload of judges in the enforcement of sentences is limited to 700 to 800 cases per judge.
Therefore, the objective of reducing the time of execution of sentences assumes an increase in personnel dedicated to the courts. The programming provides such 209 ETPT, including 120 ETPT of magistrates and clerks ETPT 89.
2 streamline the services business application and execution of sentences in the context of the General review of public policies, legal services branch has developed a "Lean" program on a dozen courts of appeal and high courts. This program aims to reduce the dead time of the procedure, to remove repetitive tasks with low added value which divert the magistrates and officials of the registry of the heart of their business. It also aims to streamline relations with judicial officers, experts and institutional partners, involving all stakeholders in the operation of the public service of justice.
This program is based on a participatory approach that the courts identify themselves pathways to a more efficient organization of their activities.
This methodology will be extended to the enforcement of sentences and the functioning of the criminal chain following the deployment of the application "Cassiopeia".
3 generalize the offices of execution of sentences provided for in section D. 48 - 4 of the code of criminal procedure, created by Decree No. 2004 - 1364 of 13 December 2004 amending the code of criminal procedure relating to the application of the penalties taken pursuant to Act No. 2004 - 204 of 9 March 2004 on the adaptation of justice to developments in crime the offices of the enforcement of sentences (BEX) allow the implementation of sentences out of the hearing. According to sentences, they allow the payment of the fine, the withdrawal of driving licences suspended or cancelled and the furnishing of a summons before the application judge sentences or prison service integration and probation. The effectiveness of the BEX is recognized. However, depending on the human resources available in the courts, the functioning of the BEX is most often limited to part of the hearings, mostly correctional hearings single judge, appearances on prior recognition of guilt and the notification of criminal orders.
The possibility to ensure a prompt and effective sentences execution will strengthen the confidence of the population in the effective functioning of justice.
It is therefore essential to generalize the BEX (for adults as for minors) in all courts, including the courts of appeal, and at all the hearings, expanding their timeslots of opening.
As such, the needs of the courts are valued at 207 ETPT clerks and staff in category C.
Work will also be required in some jurisdictions to develop the BEX and allow them to shelter the permanence of judicial protection of youth educators.
Investment credits to the tune of EUR 15.4 million are programmed as such.
4 generalize the offices of aid to victims in accordance with article 707 of the code of criminal procedure, the execution of sentences is involved in the respect of the rights of the victims. They are particularly interested in the enforcement of decisions affecting them, whether their injury and compensation measures designed to protect them, as in the case of a prohibition to the offender to enter into a relationship with them, for example, imposed as part of a suspended sentence with probation.
The national plan for the prevention of delinquency and victims 2010-2012 is planned the establishment of 50 offices of victims (BAV) within the main courts.
The BAV aim to host the victims within the courthouse, to inform and guide to judges or competent structures. They enjoy this support by an association of victim support, which helps them in their efforts and can also assist in the emergency when they are victims of facts deemed in immediate appearance.
Users were satisfied by 38 offices already created, accommodating a growing number of victims of criminal offences.
The generalization of the BAV across the high courts will guarantee equal access of all victims to this device on the whole of the national territory.
Almost 140 BAV will be created, at a cost of annual operating total amounting to EUR 2.8 million.
C. ― prevent discontinuities in support of convicted persons, in worldwide criminal chain information systems and ensuring their interconnection the joint report by the General Inspectorate of judicial services and the General Inspectorate of Finance on prison insertion and probation services delivered in July 2011, has highlighted that the application monitoring of persons placed in the hands of justice (APPI) suffered malfunctions that it was important to address and should by also subject to improvements, such as the development of the operational capability of its functionality. Reliability and modernization of this tool are considered essential to avoid discontinuities in support of persons placed in the hands of justice, in particular between the custody and the open environment. This project will therefore take precedence.
Beyond that, it is the interconnection of the "Cassiopeia" application with all the applications used by the actors in the criminal chain that must be carried out.
The "Cassiopeia" application will be an interconnection with the applications in the services of police and gendarmerie in 2013, with the software used by the judicial protection of youth this year and the new application for use in establishments prison "Genesis" in 2015, after the deployment of the latter.
These various interfaces are to develop statistical tools on the enforcement of sentences and thus contribute to the pilotage of the criminal policies.
The interconnection of the "Cassiopeia" application will also develop the dematerialized record of proceedings, which is expected to save time, better transmission of information between actors in the criminal chain and therefore greater responsiveness throughout the criminal chain, as well as security of the transmitted information. This project will be developed by 2013. It will allow actors in the criminal chain access to a single folder form cloud from their applications. Its deployment will be incremental. The unique personality of minors record provided for in article 5-2 of Ordinance No. 45-174 of 2 February 1945 relating to delinquent children, created by Act No. 2011-939, August 10, 2011, on the participation of citizens in the functioning of criminal justice and judgement of minors, constitute the first element.
The criminal will be upgraded in 2013 and 2014 to ensure a complete dematerialisation of extracts of condemnation. Interconnection with the "Cassiopeia" application will nevertheless take place as early as 2013.
To carry out all these sites, the technical platforms used by the Department of justice must be optimized to ensure secure access 24 hours a day, 7 days a week. Maintenance must be implemented. As early as 2013, investments will therefore be necessary to set up a backup near that of Nantes site. Investment will also be needed to secure the network infrastructure.
284 million euros of investment funds are programmed in respect of these projects.
II. Strengthen the capacity of prevention of recidivism a. ― better assess the profile of convicted persons correctional services integration and probation (SPIP) have an essential role to play in the policy of prevention of recidivism, in so far as they track not only prisoners, but the 175,000 people convicted but followed in an open environment.
Prior to the establishment of a regime of suitable detention and a course of execution of sentences to prevent recidivism, should lead a rigorous and systematic assessment of the characteristics of each convicted person. In this regard, two measures will be taken: firstly, the implementation of a shared, valid tool for all convicts, diagnosis to criminological sighting (DAVC), currently experienced. On the other hand, the creation of three new structures national evaluation on the model centres Fresnes and Réau.
1 generalize the DAVC and differentiated in the SPIP monitoring the prevention of recidivism is inextricably linked to assessment work focused on the person in the hands of justice, so that the support of the latter by the SPIP is individualized and adapted to its problems. Built with the professionals of the field, the Preciousjoyjoy is the formalization of this assessment work. Tested successfully on three sites, it must be the subject of a generalization.
The DAVC data may be accessed and used by public prosecutors and enforcement of sentences from the application "Cassiopeia".
The creation of 103 ETPT of psychologists is programmed as such.
2 create three new national centres evaluation the in-depth evaluation of the sentenced to a long term, which present a degree of dangerousness priori superior, must be developed early in course and running of sentencing, including as the convicted person fulfils the conditions for eligibility for a modification of sentence. To this end, the capacity of national assessment centres, that have a multidisciplinary evaluation over several weeks, must be increased. Three new centres will be created for this purpose.
The creation of 50 ETPT is programmed as such.
3. better take into account dangerousness psychiatric and criminological persons under hand of justice if the assessment of the dangerousness of the detainees in the hands of justice is complex, it nonetheless possible and essential to fight effectively against recidivism.
The notion of dangerousness covers two meanings: one, psychiatric, defining itself as a risk of passage à l'acte mainly related to a mental disorder and the other, criminological, with regard to the high probability that presents an individual to commit a new offence footprint of a certain severity.
If all the legal actors today appropriate psychiatric dangerousness assessment, it is not yet fully for the assessment of criminological dangerousness, which remains too little taken into account. The fact that the France suffers from an offer of inadequate training in Criminology is, in this regard, revealing.
In order to remedy this situation, it is essential to give new impetus to the teaching of Criminology and, as such, to encourage universities and schools of trades of justice to this discipline greater visibility in order to meet the expectations of practitioners all field and, more particularly, the psychiatric experts, but also of judges prison staff and members of the multidisciplinary commissions of the security measures.
Criminological dangerousness assessment is to progress, should also reflect on the tools and methods available to practitioners. If the clinical method, which is based on interviews with the person and its observation in psychiatric expertise, is now well established in the evaluation of psychiatric danger, actuarial risk scales approach is, for its part, insufficiently used by the judiciary as a whole. Widespread in Anglo-Saxon countries, and in particular, to the Canada, this method is based on actuarial tables highlighting the different factors of recurrence from statistical studies comparing groups criminal offenders and criminals of opportunity. Because the criminological dangerousness is not reduced to the only psychiatric danger, should integrate these actuarial methods in tools and methods for practitioners to provide detailed opinions, based on specific criteria.
More generally, the evaluation of the criminological dangerousness of persons placed in the hands of justice must register in a resolutely multidisciplinary approach, in order to understand all of the factors, psychological, environmental and contextual, which would facilitate the passage à l'acte. Provided for in article 706-56-2 of the code of criminal procedure, established by Act No. 2010-242, March 10, 2010 to lessen the risk of criminal recidivism and containing various provisions of criminal procedure, the directory of the personal data collected in the context of judicial proceedings (RDCPJ) will contribute decisively to strengthen the quality of evaluations of criminological dangerousness of prosecuted or sentenced persons.
4 strengthen multidisciplinary expertise for convicts who have committed more serious offences Act provides that no parole may be granted to persons sentenced to a term of imprisonment or of imprisonment equal to or greater than ten years for a crime aggravated injury or committed on a minor without opinion of the multidisciplinary Committee security measures made following a multidisciplinary assessment of dangerousness in a specialty compliance people detained and accompanied by a medical report made by two experts.
Section 8 of this Act strengthens the multidisciplinarity of this expertise by allowing the judge to the enforcement of sentences, by special reasoned decision, replace the double expertise of two psychiatrists by expertise made jointly by a psychiatrist and a psychologist.
5. increase the number of expert psychiatrists judicial criminal procedure laws in the last decade, and particularly those aimed at the prevention of recidivism, increased cases of mandatory psychiatric to ensure a better assessment of the dangerousness of offenders and establish if they can be the subject of a treatment.
Accordingly, the increase in the number of expert psychiatric assessments carried out on perpetrators of criminal offences between 2002 and 2009 is valued at over 149% for a constant number of expert psychiatrists, who is currently 537 doctors on the lists of courts of appeal. Thus, while in 2002 the ratio was 61 expertise by expert psychiatrist per year, this ratio increased in 2009 to 151. The time of expertise so inevitably elongated.
To remedy this situation, three incentive measures will be taken:
― the payment of compensation for loss of resources of €300, in addition to the tariff of expertise itself, when expertise will be led by a liberal psychiatrist;
― setting up a scholarship scheme to attract the internees in psychiatric medicine to the activity of judicial expertise. As provided for in article 9 of this Act, students will sign such contracts, relating to support psychiatric people on decision of justice, opening right to an allowance in return, on the one hand, to the follow-up of training in forensics in forensic psychiatry or psychology, forensics or prevention of recidivism and , else part of their registration, once their studies completed for a minimum period of two years on one of the lists of forensic experts about the courts of appeal, where the number of judicial experts contained therein is insufficient;
― the establishment of guardians to encourage, train and accompany the psychiatrists who engage in the activity of judicial expertise: this is to organize the accompaniment of a psychiatrist, recently graduated or not and who wishes to start a business as a 'junior' expert, by a 'senior' judicial expert that serves as guardian, during the first twenty expertise that are entrusted to it.
B. ― strengthen the monitoring of convicts with a risk of recurrence, including sexual offenders 1. Mainstream programmes for the prevention of recidivism recidivism prevention programs will be generalized to all prisons and will necessarily include a specific component to sexual delinquency and the study of the behaviour. These programmes will be developed and implemented by an interdisciplinary team including psychologists.
2 create a second institution specializing in the care of detainees suffering from serious disorders as mentioned previously, a second institution specializing in the care of detainees suffering from serious behavioural disorders will be built on the model of the current establishment of Château-Thierry. This structure will provide 95 seats.
3. make sure the effectiveness of care) in a closed environment article l. 3711-3 of the code of public health, as amended by Act No. 2010-242, March 10, 2010, supra, had planned under the injunction of care followed in an open environment, the requirement that the attending physician of the convicted person to inform, through the coordinating physician, judge of the enforcement of the judgment of care that would intervene against his advice.
In order to strengthen the effectiveness of care in a closed environment, section 7 (5) of this Act aims to improve the information of the judge of the application of penalties for treatments followed in detention. The attending physician will issue the convict certificates indicating if he attends or not on a regular basis the treatment proposed by the judge of the enforcement of sentences, to charge for the convicted person to transmit to the judge of the application of sentences, which will be able to pronounce in informed decisions on removal of penalty reductions and reductions of sentence granting additional or conditional release.
(b) in an open environment the implementation of a care order, that this measure intervene in a follow-up socio-judiciaire, judicial monitoring of safety supervision or conditional release, requires the designation by the enforcement judge sentences a coordinating physician, psychiatrist or doctor trained appropriate, included on a list drawn up by the Prosecutor of the Republic; This coordinating physician plays a role of intermediary between the magistrate and the attending physician. It is informed by the physician of any difficulty arising in the execution of the treatment and passes to the enforcement judge the elements necessary for the control of the injunction to care.
However, to September 1, 2011, only 237 doctors coordinators were distributed, moreover unevenly, on the national territory for 5 398 injunctions of ongoing care. Justice is thus faced with a deficit of doctors coordinators: 17 departments are currently lacking and not followed by care orders is estimated to 1 750 measures. 119 additional coordinators physicians would be needed so that these measures can be followed, at the rate of 20 people followed by doctor, regardless of the Department of residence of the convicted person.
Two measures are intended to remedy the inadequacy of coordinators physicians.
In the first place, the lump sum payment received by coordinators physicians designated by the judge of enforcement of sentences for persons sentenced to a care order, currently set by the Decree of January 24, 2008, taken for the purposes of articles r. 3711-8 and R. 3711-11 of the code of public health concerning medical coordinators at €700 gross per calendar year and per person followed by will be upgraded and increased to €900 gross.
Secondly, the mechanisms of scholarship and tutoring exposed previously to increase the number of psychiatric experts will also concern coordinators physicians.
C. ― strengthen and reorganize insertion and probation services to ensure better monitoring of persons placed in the hands of justice 1. Implement mobile teams the SPIP activity knows structural way to significant changes related to the judicial activity and the characteristics of management of human resources of the sector integration and probation. To cope, mobile teams will be in accordance with the recommendations of the report of the General Inspectorate of judicial services and the General Inspectorate of finance, formed to strengthen integration and probation in the case of peak activity and introduce more flexibility in the management of the workforce.
The creation of 88 ETPT is programmed as such and will take place as early as 2013.
2 refocus insertion counselors and probation on the monitoring of convicted persons in article 4 of this Act provides entrust, except in cases of material impossibility, pre-sentencing to the entitled voluntary sector surveys. This will allow insertion and probation consultants focus on the monitoring of convicted persons (says 'follow-up post-trial'). The equivalent of 130 ETPT advisors insertion and probation will be identified and redeployed.
3. rearrange the SPIP to ensure support regular and homogeneous of all detainees in the hands of justice, the Organization and methods of work of insertion and probation services who have experienced recent years increased their activity as well as important changes in criminal procedure and sentences planning policy will be modernized. In addition to the generalization from diagnosis to criminological sighting and tracking differential as well as the reliability and the APPI application development already mentioned, several measures are compete: ― in the extension of the management of administration circular prison No. 113/PMJ1 of 19 March 2008 on the missions and methods of intervention of insertion and probation prison services and taking into account the outcome of the work on missions and methods of intervention of the SPIP currently underway a repository of activity will be developed to clarify the missions of insertion and probation services;
― the organigrams of reference will be developed, like those existing in prisons;
design types of organization — will be implemented (depending on the activity, the typology of followed people) and the territorial realities of how to harmonize practices;
― a 'business' internal audit service will be put in place;
― of reliable measurement of the workload and results indicators will be developed;
― a better geographical distribution of staff process will be implemented, in order to progressively converge load activity between services;
― a finer territorial organization will be set up, notably by matching the number of administrative homes (on which are assigned advisors insertion and probation) and antenna (corresponding to a place of exercise, they may be mixed or exclusively devoted to the open environment or a prison), in order to reduce rigidities in staff management.
III. ― improve juvenile offenders a. ― reduce times supported by the services of the judicial protection of youth educational measures pronounced by the judge reduce the timeframes of judicial measures pronounced against minors is an essential objective not only because the measure aims to put an end to a disturbance of public order but also because it is essential that it is executed in a time close to the commission of the facts so that she has a sense for the minor.
The rapid implementation of these measures can also prevent recidivism.
This is why article 12 of this Act requires support of the minor by the educational service within a period of five days from the date of the judgment.
This provision will strengthen the effectiveness of the criminal response to juvenile delinquency.
However, such reduction of deadlines requires, in particular in the departments in high delinquency, a targeted strengthening of the educational staff of the judicial protection of youth. In these departments, enforcement timeframes observed are significantly higher than the average national, who is now twelve days. In these circumstances, it is not uncommon in these territories that a minor reiterates facts of crime even though a measure taken against him has not yet been executed.
The objective of reducing the period of support within five days can only be achieved by the single optimization of existing resources and will require a targeted strengthening of workforce in twenty-nine selected departments as priorities.
The creation of 120 ETPT of educators is programmed as such. It will take place from 2013 to 2014.
B. ― enhance the capacity in closed educational centres (EFC) since their inception, the CEF have shown that they were effective tools against the reiteration and that they offered a relevant response to the more entrenched juveniles in delinquency or who commit the most serious acts.
Articles 10-2 and 20-10 of order No. 45-174 of 2 February 1945 concerning juvenile delinquency, in the drafting of Act No. 2011-939, August 10, 2011 supra, broaden the conditions of placement in CEF of juvenile offenders by opening this device on judicial review for minors of 13 to 16 years perpetrators of punishable by five years ' imprisonment when it comes to assault sexual assaults or crimes committed with the aggravating circumstance of violence and when the magistrate is considering the revocation of a suspended sentence with probation, placement in CEF becoming an alternative to incarceration in this framework.
The direction of the judicial protection of youth has currently 45 CEF of 12 seats, or a capacity of 540 seats. The need is estimated at approximately 800 seats, which leads to create 20 additional centres.
For the sake of optimizing existing resources, these additional CEF 20 will be created by transformation of existing shelters.
The creation of 90 ETPT of educators is programmed as such. This measure accompanying the implementation of the reform of the juvenile justice laid down by Act No. 2011-939, August 10, 2011, 60 ETPT on above 90 will be opened, in advance, from the 2012 budget.
In addition, in order to accelerate the establishment of these centres, section 11 of the Act exempts, where they fall within the public sector for the judicial protection of youth, the procedure for call for proposals.
C. ― develop a psychiatric follow-up in closed educational centres hardest minors have the characteristic behavioural (violent and put relations in failure of any solution concerning them).
However, these minors constitute a large part of the public followed by the EFC.
Thus, the educators have to deal with minors who, if they do not all have psychiatric pathologies, generally know the behavioural and present a strong tendency for the changeover to the violent act.
The peculiarities of these minors require concerted support which is based on a joint supported between the judicial protection of youth services and psychiatric proximity systems.
So far 13 CEF have been strengthened by means of psychiatric follow-up between 2008 and 2011 and the first results are convincing. A significant decrease in the incidents occurred.
In the light of these results, this device will be extended to additional CEF 25.
This deployment will rely on protocols concluded between the interregional directorates for the judicial protection of youth and the regional health agencies to promote the supported.
The creation of 37.5 ETPT is programmed as such.
This Act will be enforced as law of the State.
Done at Paris, on March 27, 2012.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon the custody of the seals, Minister of justice and freedoms, Michel Mercier the Minister of the Interior, of the overseas territorial collectivities and immigration, Claude Guéant the Minister of labour, employment and health, Xavier Bertrand Minister of national education, youth and associative life Luc Chatel, Minister of budget, public accounts and the reform of the State, the Government's spokesman, Valérie Pécresse (1) Act No. 2012-409.
— Preparatory work: National Assembly: Bill No. 4001;
Report of Mr. Jean-Paul Garraud, on behalf of the commission of laws, no. 4112;
Discussion on 10, 11 and 12 January 2012 and adoption, after commitment from the accelerated procedure, on January 17, 2012 (TA No. 820).
Senate: Bill, adopted by the National Assembly, no. 264 (2011-2012);
Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the commission of laws, no. 302 (2011-2012);
Text of commission 303 (2011-2012);
Discussion the 31 January 2012 and February 1, 2012 and adoption February 1, 2012 (TA No. 63, 2011-2012).
National Assembly: Bill, amended by the Senate, no. 4300;
Report of Mr. Jean-Paul Garraud, on behalf of the joint mixed commission, no. 4346.
Senate: Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the joint mixed commission, no. 358 (2011-2012).
National Assembly: Bill, amended by the Senate, no. 4300;
Report of Mr. Jean-Paul Garraud, on behalf of the commission of laws, no. 4352;
Discussion and adoption on 20 February 2012 (TA No. 859).
Senate: Bill, adopted by the National Assembly in new reading, no. 386 (2011-2012);
Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the commission of laws, no. 399 (2011-2012);
Discussion and release February 27, 2012 (TA No. 85, 2011-2012).
National Assembly: Bill, rejected by the Senate in new reading, no. 4410;
Report of Mr. Jean-Paul Garraud, on behalf of the commission of laws, no. 4420;
Discussion and adoption in final reading, February 29, 2012 (TA No. 872).
― Constitutional Council: Decision No. 2012-651 DC from March 22, 2012 published in the Official Journal of that day.