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Act No. 2012-409 Of March 27, 2012 Programming Relating To The Enforcement Of Sentences

Original Language Title: LOI n° 2012-409 du 27 mars 2012 de programmation relative à l'exécution des peines

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Summary

Amendment of the Code of Criminal Procedure, Criminal Code, Public Health Code, Education Code, Social Security Code, Social Action Code and Families, Road Code.
Amendment of Act No. 87-432 of 22 June 1987 on Public Prison Service: amendment of section 2. Amendment of Order No. 45-174 of 2 February 1945 on Offender Children: amendment of Articles 8, 10; creation of Article 12-3. Amendment of Act No. 71-498 of 29 June 1971 on judicial experts: amendment of Article 2. Amendment of Act No. 2010-242 of 10 March 2010 to reduce the risk of criminal recidivism and various provisions of criminal procedure: amendment of Article 17. Amendment to Act No. 2009-1436 of 24 November 2009 Prison: amendment of Article 12.

Keywords

INSTRUCTIONS, INSTITUTIONS,

Legislative records




JORF n°0075 of 28 March 2012 page 5592
text No. 1



LOI n° 2012-409 of 27 March 2012 of programming relating to 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


The National Assembly and the Senate deliberated,
The National Assembly adopted,
Vu la Constitutional Council decision No. 2012-651 DC of 22 March 2012;
The President of the Republic enacts the following legislation:

  • Chapter I: Penal Enforcement Programming Provisions Article 1 Learn more about this article...


    The report defining the objectives of the enforcement policy, annexed to this Act, is approved.

    Article 2 Learn more about this article...


    Section 2 of Act No. 87-432 of 22 June 1987 on the Public Service of Prisons is amended as follows:
    1° The first paragraph is supplemented by a sentence as follows:
    "This mission may also focus on the operation or maintenance of penitentiary institutions, excluding management, transplantation and surveillance functions. » ;
    2° After the first sentence of the second paragraph, a sentence is inserted as follows:
    “This market may be passed through the competitive dialogue procedure provided for in the Articles 36 and 67 of the Public Procurement Codeunder the conditions provided for in these same articles. »

    Article 3 Learn more about this article...


    I. ― The procedure provided for in Article L. 15-9 of the Code of Expropriation for public utility may be applied in order to take immediate possession by the State of the built or unbuilt land which is necessary for the construction or extension of penal institutions.
    The decrees on the conformity of the Council of State provided for in the first paragraph of the same article L. 15-9 must be taken by 31 December 2016.
    II. ― Sections L. 314-1, L. 314-2 and L. 314-6 of the urban planning code apply, if any, to the construction or extension of penitentiary institutions carried out in accordance with the procedure provided for in section L. 15-9 of the expropriation code for public use.

  • Chapter II: Provisions to improve enforcement of sentences Article 4 Learn more about this article...


    I. ― Article 41 of the Code of Criminal Procedure is amended as follows:
    1° In the seventh paragraph, the words: "the penitentiary service of insertion and probation, the competent service of supervised education or any person authorized under the conditions laid down in article 81, paragraph 6," are replaced by the words: "a person authorized under the conditions laid down in the sixth paragraph of section 81 or, in the event of material impossibility, the penitentiary service of insertion and probation";
    2° In the ninth paragraph, the words: "the penitentiary service of insertion and probation, the competent service of judicial protection of youth, or any person authorized under the conditions of section 81, sixth paragraph" shall be replaced by the words: "a person authorized under the conditions laid down in the sixth paragraph of section 81 or, in the event of material impossibility, the prison service of insertion and probation".
    II. ― At the first sentence of the seventh paragraph of Article 81 of the same Code, the words: "in accordance with the circumstances, the penitentiary service of insertion and probation, the competent service of judicial protection of the youth or any association authorized under the preceding paragraph" are replaced by the words: "a person authorized under the sixth paragraph or, in the event of material impossibility, the prison service of insertion and probation".
    III. ― Order No. 45-174 of 2 February 1945 relating to child offenders is amended as follows:
    1° After the word: "will collect," the end of the fourth paragraph of Article 8 is thus written: "by any investigative action, information relating to the personality and social and family environment of the minor. » ;
    2° After the word: "load", the end of the fourth paragraph of Article 10 is thus drawn up: "the public sector services of the judicial protection of youth and of the associative sector authorized to investigate the personality and social and family environment of the minor. »

    Article 5 Learn more about this article...


    I. ― The 10th of Article 138 of the Code of Criminal Procedure is supplemented by three sentences as follows:
    "A copy of the placement order under judicial review is sent by the investigating judge to the doctor or psychologist who must follow the person being examined. Reports of the expertise carried out during the investigation or instruction are sent to the doctor or psychologist, at their request or at the initiative of the investigating judge. It may also send any other useful parts of the file to them; "
    II. ― 3° of Article 132-45 of the Penal Code is supplemented by three sentences as follows:
    "A copy of the decision ordering these measures is sent by the judge of the application of the penalties to the doctor or psychologist who must follow the sentenced person. Reports of the expertise carried out during the proceedings are sent to the doctor or psychologist, at their request or at the initiative of the sentencing judge. It may also send any other useful parts of the file to them; "
    III. — The first paragraph of section L. 3711-2 of the Public Health Code is as follows:
    "The sentencing judge communicates to the attending physician, through the co-ordinating physician, a copy of the decision that ordered the injunction of care. The judge also communicates to the attending physician, at the request of the attending physician or his/her initiative, through the co-ordinating physician, copies of the reports of medical expertise carried out during the investigation or investigation, the final requisitor, the decision to refer to the court of judgment, the decision of conviction, and the reports of the expertise ordered during the execution of the sentence. The judge may also send to the attending physician any other useful part of the case. »

    Article 6 Learn more about this article...


    I. ― The Code of Criminal Procedure is amended as follows:
    1° After Article 138-1, an article 138-2 is inserted as follows:
    "Art. 138-2. - In the event of a prosecution for a crime or for an offence referred to in section 706-47, the investigating judge or the judge of freedoms and detention may, on an ex officio or upon requisition of the Public Prosecutor's Office, decide in his or her court order that a copy of the order is forwarded to the person to whom the order is examined shall establish his or her residence if that transmission appears necessary to prevent the renewal of the offence.
    "When the person being examined for one of the offences referred to in the first paragraph of this section is schooled or is intended to continue his or her education in a school, public or private institution, a copy of the order is, in all cases, transmitted by the examining magistrate to the academic authority and, where applicable, to the principal of institution concerned; the investigating judge also informs these authorities of decisions amending the obligations of the judicial review affecting the place or mode of schooling of the person.
    "People to whom decisions have been made pursuant to the second paragraph may not report the information obtained only to those personnel who are responsible for security and order in the institution and, where appropriate, in the accommodation structures of students and professionals, subject to professional secrecy, who are responsible for the social and health monitoring of students. The sharing of this information is strictly limited to what is necessary for the exercise of their missions.
    “Without prejudice to provisions of Article 226-13 of the Criminal Code Repressing the violation of professional secrecy, the fact that, for persons to whom decisions have been made pursuant to this article or who have been aware of the information contained therein pursuant to the penultimate paragraph, the disclosure of such decisions or their content to third parties not authorized to share this information is punishable by a fine of €3,750. » ;
    2° After 712-22, an article 712-22-1 is inserted as follows:
    "Art. 712-22-1. - Where a person under the supervision of the judge of the application of sentences has been convicted of a crime or an offence referred to in section 706-47, the judge may, on his or her own motion or on the requisition of the Public Prosecutor's Office, order that a copy of the decision of conviction or the decision of the enforcement of the sentence, of parole, of judicial supervision or of security shall be transmitted to the person in whom the convicted person establishes his or
    "When a person convicted of any of the offences referred to in the first paragraph of this article is in school or is intended to continue his or her education in a school, public or private institution, a copy of the decision shall, in all cases, be transmitted by the sentencing judge to the academic authority and, where applicable, to the principal of institution concerned; the sentencing judge also informs the authorities of decisions amending the obligations imposed on the convicted person having an impact on the place or mode of schooling of the convicted person.
    "People to whom decisions have been made pursuant to the second paragraph may not report the information obtained only to those personnel who are responsible for security and order in the institution and, where appropriate, in the accommodation structures of students and professionals, subject to professional secrecy, who are responsible for the social and health monitoring of students. The sharing of this information is strictly limited to what is necessary for the exercise of their missions.
    “Without prejudice to provisions of Article 226-13 of the Criminal Code Repressing the violation of professional secrecy, the fact that, for persons to whom decisions have been made pursuant to this article or who have been aware of the information contained therein pursuant to the penultimate paragraph, the disclosure of such decisions or their content to third parties not authorized to share this information is punishable by a fine of €3,750. »
    II. ― Chapter I of Book II title I of the first part of the Education Code is supplemented by an article L. 211-9, as follows:
    "Art. L. 211-9. - Where, in the cases provided for in sections 138-2 and 712-22-1 of the Code of Criminal Procedure, information relating to the placement of a student under judicial control or the conviction of a student is brought to the attention of the academic authority, the student under judicial control or convicted is, in the light of the judicial obligations to which he is subjected, assigned to the public institution that that that authority designates, except where he is received in a private institution, brought to public service or by the »

    Article 7 Learn more about this article...


    The Code of Criminal Procedure is amended as follows:
    1° The fifth paragraph of section 717-1 is replaced by three paragraphs as follows:
    "The physician dealing with the convicted person shall, at least once a quarter, issue certificates indicating whether or not the patient regularly follows the treatment proposed by the sentencing judge. The convict shall give these certificates to the enforcement judge, so that the judge may decide, pursuant to sections 721.721-1 and 729 of this Code, on the withdrawal of the penalty reductions, the granting of additional penalties or the granting of a conditional release.
    "A copy of the sentencing decision is sent by the judge of the application of sentences to the doctor dealing with the convicted person. Reports of the expertise carried out during the proceedings are also sent to the attending physician, at his or her request or at the initiative of the sentencing judge. The doctor may also address any other useful part of the case.
    "The fifth and sixth preambular paragraphs are also applicable to the convict's psychologist. » ;
    2° The last sentence of the third paragraph of Article 721 is replaced by two sentences as follows:
    "The same is true when the judge of enforcement of sentences is informed, pursuant to section 717-1, that the convicted person does not regularly follow the treatment he proposed to him. The decision of the judge of enforcement of sentences is taken under the conditions set out in section 712-5. » ;
    3° The first paragraph of Article 721-1 is supplemented by a sentence as follows:
    "The same is true when the judge of enforcement of sentences is informed, pursuant to section 717-1, that the convicted person does not regularly follow the treatment he proposed to him. » ;
    4° Section 729 is amended as follows:
    (a) After the first sentence of the tenth preambular paragraph, a sentence is inserted as follows:
    "The same is true when the judge of enforcement of sentences is informed, pursuant to section 717-1, that the convicted person does not regularly follow the treatment he proposed to him. » ;
    (b) At the beginning of the second sentence, the word "She" is replaced by the words "A conditional release".

    Article 8 Learn more about this article...


    At the 2nd of Article 730-2 of the same Code, the words: "by two experts and" are replaced by the words: "by two experts psychiatrist doctors, or by an expert psychiatrist and by an expert psychologist who holds a diploma, certificate or title punishing a fundamental university education and applied in psychopathology. Expertise."

    Article 9 Learn more about this article...


    I. ― Article L. 632-7 of the Education Code is thus restored:
    "Art. L. 632-7. - Each year, a joint decree of the Minister of Justice and Ministers responsible for health and budget determines the number of interns who, having chosen for speciality psychiatry, can sign with the National Management Centre mentioned at theArticle 116 of Act No. 86-33 of 9 January 1986 referred to above a contract of commitment to the psychiatric care of persons placed in the hands of justice.
    "This contract is entitled, in addition to the remuneration that internals may claim as a result of their training, to a monthly allowance paid by the National Management Centre until the end of their medical studies.
    "In return for this benefit, the internals are committed to following, during or after their medical studies, training in criminal sciences, legal or criminal psychiatry, legal or criminal psychology, related to judicial expertise or prevention of recidivism. They also undertake to exercise as a psychiatrist in an employee's capacity or as a liberal and employee's capacity, beginning with the completion of their training, in a jurisdiction chosen under the fourth paragraph of this article, as well as to request their registration on the list of experts near the Court of Appeal and on the list of coordinator physicians provided for in this article.Article L. 3711-1 of the Public Health Code allowing their designation in this spring. The duration of their commitment is equal to twice that during which the allowance was paid to them, without being less than two years.
    "In the last year of their studies, the internals who have signed a contract for the psychiatric care of persons placed in the hands of justice choose the jurisdiction in which they undertake to exercise on a list of jurisdictions characterized by an insufficient number of forensic psychiatrists or coordinator doctors. This list is prepared by joint order of the Minister of Justice and the Minister of Health.
    "The physicians or interns who have signed a contract for a psychiatric care contract for persons placed in the hands of justice may discharge their obligations under the third paragraph by paying compensation in the amount not exceeding the amounts collected under this contract. The procedure for calculating and paying this allowance shall be determined by a joint order of the Minister of Justice and the Ministers responsible for health and budget. The recovery is provided by the National Management Centre.
    "The conditions for the application of this article are set by decree in the Council of State. This includes the terms and conditions under which physicians may, during the duration of their appointment, be allowed to change the exercise jurisdiction and to be registered on the lists of experts near the Court of Appeal or coordinator physicians established for the jurisdictions of other jurisdictions, as well as the conditions under which the absence of validation of the training under the contract and the refusal to accept the designations as an expert referred to in the Court of Appeal The list of courses mentioned in the same third paragraph for which the contract of engagement can be signed is determined by a joint decree of the Minister of Justice and Ministers responsible for higher education and health. »
    II. ― In the first paragraph of Article L. 681-1 and Articles L. 683-1 and L. 684-1 of the same code, after the reference: "L. 632-5," the reference is inserted: "L. 632-7."
    III. ― At the last sentence of the first paragraph of Article L. 136-5 of the Social Security Code, the words: "the allowance referred to in Article L. 632-6" are replaced by the words: "the allowances referred to in Articles L. 632-6 and L. 632-7".
    IV. ― Section 2 of Act No. 71-498 of 29 June 1971 on judicial experts is amended as follows:
    1° After the word: "experts", the end of the III is thus drafted: "judicial if it does not justify either its registration on a list drawn up by a court of appeal for at least five years or of recognized competence in a Member State of the European Union other than France and acquired in particular by the exercise in that State, for a period not less than five years, of activities such as to provide technical information to the courts in the jurisdictions » ;
    2° In IV, after the word "denial", the words "registration or".

    Article 10 Learn more about this article...


    Section L. 6152-4 of the Public Health Code is amended as follows:
    1° At the beginning of the first paragraph, the words "I. ―" are added;
    2° It is added a II as follows:
    “II. ― Provisions for the application ofArticle 25 of Act No. 83-634 of 13 July 1983 referred to above to the staff mentioned in 1° to 4° of section L. 6152-1 provide for the conditions under 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 Learn more about this article...


    The last paragraph of Article L. 315-2 of the Code of Social Action and Families is thus written:
    "The call-up procedure provided for in Article L. 313-1-1 is not applicable to State institutions and services referred to in Article L. 312-1, 4°. »

    Article 12 Learn more about this article...


    I. ― Chapter II of Order No. 45-174 of 2 February 1945 on Child Offenders is supplemented by an article 12-3 as follows:
    "Art. 12-3. - In the event of an enforceable decision ordering an educational measure or penalty provided for in sections 8, 10-2, 10-3, 12-1, 15, 15-1, 16 bis, 16 ter and 19, with the exception of placement decisions, or awarding a sentence other than a firm custodial sentence, it shall be handed over to the minor and to his legal representatives present, after their hearing or hearing, This service is seized with the implementation of the measure.
    "If the minor does not appear on the scheduled date, the judge of the children or the examining magistrate shall summon him before him if he deems it useful or, within a maximum period of ten days, before the youth judicial protection department. »
    II. ― Section 12-3 of Order No. 45-174 of 2 February 1945 on Offender Children comes into force on 1 January 2014.

    Article 13 Learn more about this article...


    I. ― The Penal Code is thus amended:
    1° The second paragraph of section 133-16 is supplemented by a sentence as follows:
    "In addition, rehabilitation only produces its effects after a period of forty years when, as a supplementary sentence, a prohibition, incapacity or a termination of the term. » ;
    2° At the end of the 4th of Article 213-1, at the end of the 2nd of Article 213-3, at the 4th of Article 215-1, at the 3rd of Article 215-3, at Articles 225-25, 227-33, 442-16 and 450-5 and at the end of Article 462-6, the words: "of their possessions" are replaced by the words: "of their possessions,
    3° In section 422-6, the words: "of their property" are replaced by the words: "of their property owned or, subject to the rights of the owner in good faith, of which they have free disposition,"
    4° In the second paragraph of Article 222-49 and 12 of Article 324-7, after the word: "convicted" are inserted the words: "or, subject to the rights of the owner in good faith, of which he has free disposition".
    II. ∙ The Code of Criminal Procedure is amended as follows:
    1° The last paragraph of articles 736 and 746 is supplemented by a sentence as follows:
    "The incapacities, prohibitions and disqualifications imposed as a supplementary penalty, as a final measure, cease to have effect after a period of forty years from the day the conviction was deemed to have been non-agreed. » ;
    2° The 4th of Article 775 is supplemented by a sentence as follows:
    "The same is true of the prohibitions, incapacities or deprivations imposed, as a supplementary penalty, on a final basis; »
    3° Section 783 is supplemented by a paragraph to read as follows:
    "However, where rehabilitation is granted by the board of instruction, the second paragraph of the same article 133-16 is not applicable and the rehabilitation immediately produces its effects for the convictions provided for in the same paragraph. »
    III. - 1° of I and II of this section come into force for convictions of facts committed after the publication of this Act, January 1, 2015.

    Article 14 Learn more about this article...


    I. ― After section 133-16 of the Penal Code, an article 133-16-1 is inserted as follows:
    "Art. 133-16-1. - If the person has been sentenced by a criminal court of a Member State of the European Union to one of the following penalties, the rehabilitation is liable to produce its effects on previous French convictions only after the following periods:
    « 1° When the sentence is a pecuniary penalty, only from the deletion of the conviction or the discharge of a period of three years from the date of its pronouncement;
    « 2° When the sentence is a term of imprisonment of more than one year, than from the deletion of the sentence or the discharge of a period of ten years from the date of its pronouncement;
    « 3° When the sentence is a term of imprisonment of more than ten years, than from the deletion of the sentence or the discharge of a period of forty years from the date of its pronouncement;
    « 4° When the person has been sentenced to a sentence other than those defined in 1° to 3°, than from the deletion of the conviction or the discharge of a period of five years from the date of his or her pronouncement. »
    II. ∙ The Code of Criminal Procedure is amended as follows:
    1° Section 769 is amended as follows:
    (a) In the second sentence of the third paragraph, after the word "unrescriptible", the words "or a foreign jurisdiction" are inserted;
    (b) It is added a 10° as follows:
    « 10° The convictions handed down by foreign courts, upon receipt of a notice of termination of the sentencing state or a decision to withdraw a reference ordered by a French court. However, if the conviction was pronounced by a jurisdiction of a Member State of the European Union, the withdrawal ordered by a French court does not impede its transfer to the other Member States of the European Union. » ;
    2° After Article 770, an article 770-1 is inserted as follows:
    "Art. 770-1. - If a French national has been convicted by a foreign court and this conviction is listed in Bulletin No. 1 of his criminal record, he may apply for the withdrawal of this reference to the correctional court of his domicile, or to Paris if he resides abroad.
    "The request may only be brought before the competent court, under penalty of inadmissibility, after the deadlines provided for in Article 133-16-1 of the Criminal Code.
    "The request is instructed and judged in accordance with Article 703 of this Code.
    "If the conviction comes from a jurisdiction of a Member State of the European Union, the withdrawal of its reference to Bulletin No. 1 does not hinder its transfer to other Member States. » ;
    3° The 13th of Article 775 is supplemented by the words: "in respect of a minor or whose use for purposes other than criminal proceedings has been expressly excluded by the sentencing court";
    4° Section 775-1 is supplemented by a paragraph as follows:
    "If a French national has been convicted by a foreign jurisdiction, he may also, according to the same procedure, ask the correctional court of his domicile, or Paris if he resides abroad, that the mention be excluded from Bulletin No. 2. » ;
    5° After section 775-2, an article 775-3 is inserted as follows:
    "Art. 775-3. - The information contained in Bulletin No. 2 of a criminal record of a person, when it is related to a conviction by a foreign court, shall be withdrawn upon expiry of the time limits provided for in Article 133-16-1 of the Criminal Code. » ;
    6° Section 777 is amended as follows:
    (a) In the first paragraph, after the word "sented", the words "by a national jurisdiction" are inserted;
    (b) Before the last preambular paragraph, a subparagraph shall read:
    "Newsletter No. 3 also contains the convictions of foreign courts to custodial sentences of more than two years that are not accompanied by a stay. » ;
    (c) The last paragraph is supplemented by the words: ", unless it is the central authority of a Member State of the European Union, seized by the data subject";
    (d) It is added a paragraph to read:
    "If the applicant is a foreign national of a Member State of the European Union, any request for a Bulletin No. 3 shall be addressed to the central authority of that State, so that the State may communicate the mentions that appear on the ballot that is issued to it. » ;
    7° In section 777-1, the words "paragraph 1 of" are deleted.
    III. ― The provisions of Criminal code and Code of Criminal Procedure resulting from this Article shall apply only to convictions by a foreign jurisdiction effective 27 April 2012.
    IV. ∙ The second paragraph of Article 17 III of Act No. 2010-242 of 10 March 2010 to reduce the risk of criminal recidivism and bringing various provisions of criminal proceedings is deleted.

    Article 15 Learn more about this article...


    The penultimate sentence of the fifth paragraph of Article 706-53-5 of the Code of Criminal Procedure is as follows:
    "When the person is in a state of legal recidivism, the monthly presentation plan applies in full right. »

  • Chapter III: Provisions relating to enforcement of confiscation sentences Article 16 Learn more about this article...


    I. ― The first sentence of the ninth paragraph of section 131-21 of the Criminal Code is as follows:
    "Forfeiture can be ordered in value. »
    II. ― After section 706-141 of the Code of Criminal Procedure, an article 706-141-1 is inserted as follows:
    "Art. 706-141-1.-The seizure may also be ordered in value. The rules specific to certain types of property set out in Chapters III and IV of this Title apply to the property on which the valuable seizure is carried out. »

    Article 17 Learn more about this article...


    I. ― Section 131-21 of the Penal Code is amended as follows:
    1° In the fifth preambular paragraph, the words: "when the latter, being able to explain himself on the property for which confiscation is contemplated, has" are replaced by the words: "or, subject to the rights of the owner in good faith, of which he has the free disposition, when neither the convicted person, nor the owner, are able to explain himself on the property for which confiscation is contemplated, have";
    2° In the sixth preambular paragraph, after the word "convicted", the words "or, subject to the rights of the owner of good faith, of which he has free disposition".
    II. The first sentence of Article 706-148 of the Code of Criminal Procedure is as follows:
    "If the investigation concerns an offence punishable by at least five years' imprisonment, the judge of liberties and detention may, upon request of the public prosecutor, authorize, by a reasoned order, the seizure, at an advanced cost of the treasury, of property whose confiscation is provided for under the provisions of the law. fifth and sixth paragraphs of section 131-21 of the Criminal Code where the law that punishes the crime or offence provides for it or where the origin of such property cannot be established. »

    Article 18 Learn more about this article...


    The Code of Criminal Procedure is amended as follows:
    1° The second paragraph of section 707-1 is replaced by two paragraphs, as follows:
    "However, proceedings for the recovery of fines and the execution of confiscations in value are made on behalf of the public prosecutor by the competent public accountant or, in cases where confiscation in value is carried out on property previously seized, by the Agency for the Management and Recovery of seized and confiscated assets.
    "The execution of other confiscations is carried out on behalf of the public prosecutor by the Agency for the Management and Recovery of seized and confiscated assets when they relate to movable or immovable property mentioned in the 1st and 2nd of Article 706-160, even if they were not previously entrusted to him. The Asset Management and Recovery Agency seized and confiscated shall, where appropriate, proceed with the issuance process. » ;
    2° The penultimate paragraph of Article 707-1 is as follows:
    "The limitation of the sentence is interrupted by the acts or decisions of the Public Prosecutor's Office, the courts of enforcement of sentences and, for fines or confiscations within their jurisdiction, the Treasury or the Agency for the Management and Recovery of seized and confiscated assets, which tend to its execution. » ;
    3° After the word: "planned", the end of the 3rd of Article 706-160 is thus written: "to articles L. 2222-9 of the general code of public property and 707-1 of this code; "

    Article 19 Learn more about this article...


    Section 713-40 of the same code is amended as follows:
    1° The third preambular paragraph is replaced by two sub-items:
    "The costs of executing the confiscation decision are charged against the total amounts recovered.
    "The sums of money recovered and the proceeds of the sale of the confiscated property, deducted from the execution costs, are devolved to the French State when this amount is less than €10,000 and spent for half to the French State and for half to the requesting State in the other cases. » ;
    2° The last paragraph is supplemented by a sentence as follows:
    "The amount recovered, deducted from all costs, shall be shared according to the rules set out in this article. »

    Rule 20 Learn more about this article...


    In the second sentence of the second paragraph of Article L. 325-1-1 of the Highway Code, the words "to the Agency for the Management and Recovery of seized and confiscated assets" are replaced by the words "in the service of domains".

  • Chapter IV: Miscellaneous provisions Article 21 Learn more about this article...


    Sections 4 to 8 and 12 to 20 and the IV of section 9 of this Act are applicable in New Caledonia, French Polynesia and Wallis and Futuna Islands.

    Article 22 Learn more about this article...


    After the second paragraph of Article 12 of Act No. 2009-1436 of 24 November 2009 penitentiary, a sub-paragraph is inserted:
    "They also ensure the protection of buildings in the central administrations of the Ministry of Justice. »



    A N N E X E

    • REPORT DEFINISHING THE OBJECTIVES OF PEINE EXECUTIVE POLICY



      The purpose of the Sentence Enforcement Programming Act is to ensure the speed and effectiveness of the enforcement of sentences, including severe prison sentences, to strengthen the capacity to prevent recidivism and to improve the care of juvenile offenders.
      These objectives are defined and clarified in this report.
      I. ― Guarantee the celebrity and effectiveness of the enforcement of sentences pronounced, including firm imprisonment


      A. ― Increase and diversify the prison fleet
      effective enforcement of sentences


      The first objective of this Act is to quantitatively adapt the prison fleet to the foreseeable needs at the end of 2017, bringing it to 80,000 places at that date.
      As of 1 October 2011, the penitentiary park had 57,540 places for 64,147 people in prison.
      The most likely scenario in the prison population results in a forecast of approximately 96,000 people who were arrested, detained or not, by 2017. It extends the growth in custodial sentences between 2003 and 2011, an average of 2% per year, to stabilize in 2018 at a level slightly higher than 154 000 annual sentences. It is also based on a sustainable improvement in the timeliness of enforcement of sentences.
      At the same time, the Government anticipates an increase in the number of people who have not been detained (mostly under electronic surveillance) from 8,200 to 1 October 2011 to 16,000 in 2017, which would extend the changes in sentencing over the past few years, which have increased since the coming into force of the Act No. 2009-1436 of 24 November 2009 (the number of people placed under electronic surveillance was 1,600 as of January 1, 2007 and 5,800 as of January 1, 2011).
      Under these assumptions, the number of people in prison will rise to 80,000 by 2017, which means that the prison capacity will be increased to 80,000 places at that time.
      The second objective of this Act, linked to the first, is to quickly and in a sufficient number of establishments specially designed to accommodate persons sentenced to short sentences. This objective meets several observations:
      - the current park does not have specific capacities for short sentences (or, more than half of the pending sentences have a duration of less than or equal to three months);
      ― today, due to lack of appropriate structures, sentenced to short sentences are generally housed in arrest houses. However, by consolidating convicts with short sentences, especially the first-convicts, in institutions better designed and adapted to their profiles, the desocializing effects of incarceration could be limited;
      ― the maintenance of a uniform park is economically under-optimal: persons sentenced to short sentences that do not represent the same danger as persons sentenced to longer sentences, they may be accommodated in lower security institutions, whose investment and operation costs will be lower than that of a conventional establishment.
      The diversification of the penitentiary park, which will result from the rapid construction of several thousand prison places specially adapted for short sentences of less than or equal to one year or whose reliquest is less than or equal to one year, will help to match the establishment categories and profiles, especially those of danger.
      To achieve these two objectives, the prison real estate program currently conducted by the Ministry of Justice must be adapted and completed. It must be carried out as soon as possible to improve enforcement of sentences.
      Real estate programming, which is the subject of the first part of this report, is structured around the number of gross new spaces to be opened, year by year, from 2013 to 2017. For each room type, a reference unit construction cost, excluding the cost of land acquisition, expressed in euros value 2010, as well as a "number of personnel per inmate" management rate. The necessary credits and jobs will be deducted each year, in order to adjust the budget programming to the changing schedule of operations.
      The reference construction costs will be updated according to the evolution of the BT01 Construction Cost Index.
      In addition, a mapping of prison space needs will be established within the jurisdiction of each interregional department of the prison administration, in order to align the need and supply.


      1. Adjust construction programs
      already launched
      (a) The program says "13 200"


      The programme under review Act No. 2002-1138 of 9 September 2002 guidance and programming for justice will be completed. This programme, which will include the reconstruction of the prison centre in Draguignan, will provide nearly 5,000 new places. These 5,000 squares, whose construction is essentially already underway, are not retained within the scope of this programming. They are nevertheless recorded in the future park of 80,000 places.
      However, the "13,200" program will be modified on two points.
      On the one hand, the capacity of the so-called "new concept" institutions provided for in this program and whose construction is not yet launched will be increased. Indeed, these "new concept" neighbourhoods, versatile and modular, include accommodation units for short sentences. These units will be densified to increase the number of short-term places available. Each modified "new concept" neighbourhood, which will remain owned by a classical establishment, will have a capacity of 150 places, instead of the 90 places previously envisaged.
      On the other hand, four additional semi-liberty centres will be added to the program. Certainly, given the development of electronic surveillance, the need for semi-free spaces is globally covered for the coming years. Nevertheless, there are still residual needs in large towns, notably in Ile-de-France. The construction of four additional half-free centres, for a total of 270 places, will therefore be programmed. The average cost on the square is estimated at €922,558 (excluding land). The management rate is estimated at 0.17 personnel per inmate.


      (b) The new real estate programme (NPI)


      The NPI announced by the seal guard in May 2011 will be densified. The average capacity of the establishments will be increased from 532 places to 650 places. With the exception of Parisian establishments, however, the capacity of institutions will not exceed 850 places. This programme will create 9,500 net places, instead of the 7,400 places originally scheduled.
      This program includes the closure of the current prison centre in New Caledonia and the construction of a new prison centre.
      The average unit cost of construction in place of the new real estate programme for establishments carried out under the public-private partnership will therefore be reduced from €164,000 to €152,000 (excluding land). As for the marginal unit cost of additional net squares, it will be €22,000.
      The average management rate will be 0.45 personnel per inmate.
      On the other hand, the six NPI establishments planned to be managed in public works (conception-realization) will not be densified, given their characteristics, including complexity and distance.
      However, the NPI programme will be modified on two points.
      On the one hand, an additional 220 seats will be built in Guyana. The average cost instead, excluding land, is estimated at approximately €363,000. The jobs required for the operation of this structure are 149 full-time equivalents (FTEs).
      On the other hand, a new facility will be built to accommodate inmates who suffer from serious behavioural disorders without raising awareness of psychiatric interference, on the model of the current Château-Thierry facility. This structure will offer 95 seats. The average cost instead, excluding land, is estimated at about €384,000. The jobs required to operate this structure are estimated at 105 ETPT.


      2. Launch a new specific program
      structures dedicated to short sentences


      In addition to the short-term accommodations that will be created in the aforementioned "new concept" neighbourhoods, a new construction programme will be launched, focusing exclusively on short-term structures.
      These structures will take the form of neighbourhoods for short sentences, which are attached to conventional correctional institutions, or short-term institutions. In the first case, their capacity will be 150 seats; in the second case, 190 seats.
      The design of short-term institutions and neighbourhoods will be adapted to the particular nature of these penalties. In particular, security constraints will be reduced.
      The cost of neighbourhoods for short sentences will be 40% lower than the cost of a classic establishment (a 100-seat stop house) and 10% lower than that of "new concept" neighbourhoods. It is estimated at 103,900 €.
      This cost will be slightly higher for self-contained short-term institutions that will not be supported by an institution and will therefore not be able to benefit from the pooling of certain support services and functions. However, it will remain below 35% in place of a classic establishment and comparable to that of a "new concept" neighbourhood. It is estimated at 114,300 €.
      The management rate, adapted to the low risk of detained persons, will be less than half that of a conventional establishment. It will be 0.22 personnel per inmate.
      The following table synthesizes the openings of raw places scheduled over the period, by category:


      NUMBER OF PROGRAMED BUSINESS
      2013
      2014
      2015
      2016
      2017
      TOTAL
      2013-2017

      NPI densified


      934

      3 753

      5 911

      5 717

      16 315

      Additional establishment in Guyana





      220

      220

      Short sentences and quarters for short sentences




      3 768

      2 079

      5 847

      Densified "new concept" neighborhoods (program "13,200")



      1 650



      1 650

      Semi-free centres

      60

      90

      120



      270

      Specialization





      95

      95

      Total scheduled gross places

      60

      1 024

      5 523

      9 679

      8 111

      24 397


      In total, if you add the spaces in the "new concept" neighbourhoods of the 13,200 program and those in short-term institutions and neighbourhoods, it is nearly 7,500 places suitable for short sentences that will be created by 2017.
      The following table outlines the expected change in the number of seats available from 2011 to 2017:


      2011
      2012
      2013
      2014
      2015
      2016
      2017
      TOTAL
      2013-2017
      TOTAL
      2011-2017

      Number of gross places opened under the Programming Law

      0

      0

      60

      1 024

      5 523

      9 679

      8 111

      24 397

      24 397

      Number of gross places opened for real estate programmes already launched

      1 790

      1 896

      1 014

      802

      968

      1 454

      981

      5 219

      8 905

      Total open gross places

      1 790

      1 896

      1 074

      1 826

      6 491

      11 133

      9 092

      29 616

      33 302

      Number of places closed

      ― 807

      ― 982

      ― 438

      ― 272

      2 149

      ― 3 383

      2 601

      843

      ― 10 632

      Total open net places

      983

      914

      636

      1 554

      4 342

      7 750

      6 491

      20 773

      22 670

      Number of seats available as at 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 the profile of inmates


      By 2017, the new short-term institution building program will result in a significant diversification of the available prison fleet. This will break with the uniformity of care and no longer impose security constraints on persons sentenced to short sentences designed for more dangerous profiles. In doing so, the risk of desocialization and recidivism will be reduced.
      Consequently, the classification of penitentiary institutions will clarify their level of security. To date, Code of Criminal Procedure distinguishes two categories of correctional institutions: arrest houses and sentencing institutions, which are themselves subdivided into detention centres and central houses. This classification does not sufficiently take into account the various profiles of prisoners in prison security. The typology of the security levels of arrest houses and penal institutions will distinguish between:
      - Enhanced security institutions;
      - intermediate security institutions;
      - adapted security institutions;
      - lighter security establishments.
      The new short-term institutions (or PSCs) will fall into the category of aging security institutions.
      4. Provide the necessary legal tools and human resources to accelerate the construction and opening of new institutions and reach the target of 80,000 places by 2017
      Section 2 of this Act will allow the Public Agency for the Real Estate of Justice to enter into design-realization contracts using the competitive dialogue procedure. These contracts will also take into account operating and maintenance services.
      Section 3 of this Act also provides for the extension of the provision to expedite the expropriation procedures introduced by the Act No. 2002-1138 of 9 September 2002 referred to above. The expropriation procedure provided for in Article L. 15-9 of the code of expropriation shall be applied in order to take immediate possession by the state of the land, whether built or not built, whose acquisition is necessary for the construction or extension of penal institutions.
      The penitentiary administration and the Public Agency for the Real Estate of Justice, in consultation with the Ministry of Defence, will assess, among other things, the feasibility of reconversion of buildings or encroachments belonging to the national defence in order to establish penitentiary institutions, including allied structures such as open detention centres or short-term or semi-free neighbourhoods.
      In addition, with regard to human resources, the staffing of the Public Agency for the Real Estate of Justice will need to be temporarily strengthened to address the increase in the charging plan resulting from this programming.
      Similarly, the capacity of the National School of Prison Administration should be increased.


      B. ― Guaranteeing implementation
      faster sentencing
      1. Strengthen application services
      and enforcement of sentences


      Justice is credible and effective only if its decisions are quickly implemented. The effectiveness of the enforcement of sentences, and in particular the strong imprisonment sentences that punish the most serious acts, is an essential component of the criminal policy to combat crime and recidivism.
      More than 585 000 criminal convictions are handed down each year in criminal proceedings for crimes or offences, including almost 126 650 custodial sentences, according to data 2010. Of these, 91 per cent are alternative penalties. The recent reforms in enforcement and enforcement of sentences have achieved their objectives: significantly increase sentencing arrangements to encourage the reintegration of convicted prisoners, establish electronic surveillance to prevent the dry release of detention of persons who do not benefit from such accommodation, and develop safety measures when such persons are at risk and risk of recurrence at the end of the sentence. The workload of enforcement and enforcement agencies in courts has therefore increased.
      In addition, the working groups set up by the Seal Guard, Minister of Justice, have recommended that the workload of judges in the enforcement of sentences be limited to 700 to 800 files per magistrate.
      As a result, the goal of reducing the time limits for enforcement of sentences requires an increase in the number of jurisdictions. The programming provides for the creation of 209 FTEs, including 120 FTEs of judges and 89 FTEs of Clerks.


      2. Streamline the activity of application services
      and enforcement of sentences


      As part of the general review of public policies, the judicial services management has developed a "Lean" program on ten courts of appeal and courts of large instance. This programme aims to reduce the time of the proceedings, to remove the repetitive, low-value-added tasks that divert magistrates and transplant officials from the core of their profession. It also aims to fluidize relations with judicial assistants, experts and institutional partners, involving all stakeholders in the operation of the public service of justice.
      This program is based on a participatory approach so that jurisdictions identify the ways of a more effective organization of their activities.
      This methodology will be extended to the enforcement of sentences and the operation of the criminal chain following the deployment of the "Cassiopée" application.


      3. Generalize enforcement offices


      Planned to theArticle D. 48-4 of the Code of Criminal Procedure, created by Decree No. 2004-1364 of 13 December 2004 amending Code of Criminal Procedure and on the enforcement of penalties Act No. 2004-204 of 9 March 2004 adapting justice to changes in crime, the enforcement offices (BEX) allow the enforcement of sentences from the outset of the hearing. Depending on the penalties imposed, they allow the fine to be paid, the withdrawal of the suspended or cancelled driver's licence and the delivery of a summons to the judge of the enforcement of the penalties or the prison service of insertion and probation. The effectiveness of BEX is recognized. However, depending on the human resources available in the courts, the operation of the BEX is most often limited to part of the hearings, mainly single-seen correctional hearings, pre-convict appearances and notification of criminal orders.
      The ability to ensure rapid and effective enforcement of sentences will enhance the confidence of the population in the effective functioning of justice.
      It is therefore essential to generalize the BEX (for adults and minors) to all jurisdictions, including in appeals courses, and at all hearings, by widening their opening hours.
      As such, the needs of the courts are assessed at 207 ETPT of Clerks and Clerks.
      Work will also be required in some jurisdictions to develop the BEX and allow them to shelter the permanence of youth judicial protection educators.
      Investment credits of €15.4 million are scheduled for this purpose.


      4. Generalize victim assistance offices


      In accordance withArticle 707 of the Code of Criminal Procedure, enforcement of sentences intervenes in respect of the rights of victims. These are particularly interested in the execution of decisions that concern them, whether it is the compensation of their harm or the measures to protect them, as in the case of a prohibition on the convicted person to enter into contact with them imposed, for example, in the context of a stay with probation.
      The National Plan for the Prevention of Crime and Victim Assistance 2010-2012 provided for the establishment of 50 Victim Assistance Offices (VBs) in the main courts of large instance.
      The mission of the BAV is to welcome victims to the courthouses, inform them and direct them to the competent magistrates or structures. For this reason, they are provided with care by an association of assistance to victims, which assists them in their actions and can also assist them in the emergency when they are victims of acts tried in immediate appearance.
      Users have been satisfied by the 38 offices already established, which host an increasing number of victims of criminal offences.
      The generalization of BAVs to all courts of large instance will ensure equal access by all victims to this system throughout the national territory.
      Nearly 140 BAVs will be created for a total annual operating cost of €2.8 million.
      C. ― Preventing discontinuities in the care of convicted persons, maintaining the information systems of the criminal chain and ensuring their interconnection
      The joint report of the general inspection of judicial services and the general inspection of finances on the penitentiary services of insertion and probation, delivered in July 2011, highlighted that the application for follow-up of persons placed in the hands of justice (PAPI) was suffering from dysfunctions to which it was important to remedy and should be further improved, such as the development of operationality of its functions. The evangelization and modernization of this tool is considered essential to avoid discontinuities in the care of persons placed in the hands of justice, especially between the closed and open environment. This will therefore be a priority.
      Beyond that, it is the interconnection of the "Cassiopée" application with all the applications used by the criminal chain actors that must be completed.
      The "Cassiopée" application will be interconnected with the applications of police and gendarmerie services in 2013, with the software used by youth judicial protection this same year and with the new application used in "Genesis" penal institutions in 2015, after the deployment of the latter.
      These different interfacings must enable the development of statistical tools on enforcement of sentences and thus contribute to the control of criminal policies.
      The interconnection of the "Cassiopée" application will also help to develop the dematerialized procedural file, which is expected to save time, better transmission of information between the actors of the criminal chain, and thus greater reactivity throughout the criminal chain, as well as a security of the information transmitted. This project will be developed from 2013. It will allow criminal chain actors to access a single file in dematerialized form from their applications. Its deployment will be gradual. The unique personality file of minors provided for in theArticle 5-2 of Order No. 45-174 of 2 February 1945 Child Offender, created by Act No. 2011-939 of 10 August 2011 on the participation of citizens in the functioning of criminal justice and the judgment of minors, will be the first element.
      The criminal record will be modernized in 2013 and 2014 to ensure full dematerialization of conviction extracts. Interconnection with the "Cassiopée" application will nevertheless take place in 2013.
      To complete all of these projects, the technical platforms used by the Ministry of Justice will need to be optimized to ensure secure access 24 hours a day, 7 days a week. Maintenance should be put in place. As early as 2013, investments will be required to establish a rescue site near Nantes. Investments will also be required to secure network infrastructure.
      284 million euros of investment credits are programmed under these various projects.


      II. - Strengthen capacity to prevent recurrence
      A. ― Better assessment of the profile of convicted persons


      Insertion and Probation Corrections (IPPS) have an essential role to play in the policy of prevention of recidivism, as they follow not only incarcerated persons, but also 175,000 persons convicted but followed in open settings.
      Prerequisitely to the establishment of a suitable detention regime and a course of enforcement of sentences to prevent recurrence, a rigorous and systematic assessment of the characteristics of each convicted person must be conducted. In this regard, two steps will be taken: on the one hand, the establishment of a shared tool, valid for all convicts, the diagnosis with criminological intent (DAVC), currently experienced. On the other hand, the creation of three new national assessment structures, based on the Fresnes and Reau centres.


      1. Generalize DAVC and differentiated monitoring
      in SPIP


      Prevention of recidivism is inseparable from an evaluation work focused on the person placed in the hands of justice, so that the SPIP's care is individualized and adapted to its problems. Built with industry professionals, the DAVC is the formalization of this evaluation work. Experimented successfully on three sites, it must be the subject of generalization.
      DAVC data can be accessed and used by prosecutors and enforcement agencies since the "Cassiopée" application.
      The creation of 103 ETPT of psychologists is scheduled for this purpose.


      2. Create three new national evaluation centres


      The in-depth evaluation of convicts with a long sentence, which have a higher degree of a priori danger, must be developed at the beginning of the course and in the course of execution of the sentence, especially as long as the convict meets the conditions for the benefit of a correction of sentence. To this end, the capacity of national evaluation centres, which conduct a multidisciplinary evaluation over several weeks, must be increased. Three new centres will be established for this purpose.
      The creation of 50 ETPT is scheduled for this purpose.
      3. Better to take into account the psychiatric and criminological danger of persons placed in the hands of justice
      While the assessment of the danger of persons placed in the hands of justice is complex, it is nevertheless possible and essential to effectively combat recidivism.
      The notion of danger covers two acceptions: one, psychiatric, defining itself as a risk of going to the act primarily related to a mental disorder and the other, criminological, relating to the high probability that an individual presents to commit a new offence with a certain gravity.
      While all judicial actors have today appropriated the assessment of psychiatric danger, it is not yet completely the same for the assessment of the criminological danger, which remains too little taken into account. The fact that France suffers from a lack of training in criminology is, in this regard, revealing.
      In order to remedy this situation, it is essential to give a new impetus to the teaching of criminology and, as such, to encourage universities and schools of the professions of justice to give this discipline greater visibility in order to meet the expectations of the field of all practitioners and, in particular, psychiatrist experts, but also magistrates, prison staff and members of the multidisciplinary commissions of measures of security.
      In order for the assessment of criminological hazards to progress, it is also necessary to undertake a reflection on the tools and methods available to practitioners. If the clinical method, based on interviews with the person and his or her observation in the context of psychiatric expertise, is now well established as part of the assessment of psychiatric danger, the actuarial method based on risk scales is, for his or her part, insufficiently used by the judicial institution as a whole. Very widespread in Anglo-Saxon countries, and in particular, in Canada, this method is based on actuarial tables highlighting the different factors of recidivism from statistical studies comparing groups of recidivist criminals and used criminals. Because criminological danger is not reduced to the sole psychiatric danger, these actuarial methods should be integrated into the tools and methods that allow practitioners to issue circumstantial opinions based on specific criteria.
      More generally, the assessment of the criminological danger of persons placed in the hands of justice must be part of a resolutely multidisciplinary approach, in order to apprehend all factors, psychological, environmental and contextual, likely to favour the passage to the act. Planned to theArticle 706-56-2 of the Code of Criminal Procedure, created by Act No. 2010-242 of 10 March 2010 In order to reduce the risk of criminal recidivism and various provisions of criminal proceedings, the directory of personal data collected under judicial proceedings (RDCPJ) will make a decisive contribution to strengthening the quality of assessments of the criminological danger of persons prosecuted or convicted.


      4. Strengthening the multidisciplinarity of expertise
      of the most serious crimes committed by


      The Act provides that no conditional release may be granted to persons sentenced to imprisonment or imprisonment for a term of 10 years for an aggravated crime of injury to persons or committed on a minor without notice of the multidisciplinary commission of security measures, rendered following a multidisciplinary assessment of danger in a specialized service responsible for the observation of detained persons and with medical expertise carried out by two experts.
      Section 8 of this Act reinforces the multidisciplinarity of this expertise by allowing the judge of enforcement of sentences, by a specially motivated decision, to replace the dual expertise of two psychiatrists with an expertise carried out jointly by a psychiatrist and a psychologist.


      5. Increase the number of forensic psychiatrist experts


      The criminal procedure laws adopted in the last decade, particularly those for the prevention of recidivism, have multiplied cases of compulsory psychiatric expertise to ensure a better assessment of the danger of offenders and to establish whether they can be treated.
      As a result, the increase in the number of psychiatric expertise carried out on criminal offences between 2002 and 2009 is estimated at more than 149 per cent, for a constant number of psychiatrist experts, which is currently 537 physicians registered on the lists of appeal courses. Thus, while in 2002 the ratio was 61 expertises per psychiatrist per year, this ratio was increased in 2009 to 151. The deadlines for expertise have thus inevitably increased.
      To remedy this situation, three incentives will be taken:
      - the payment of a loss of resources allowance of €300, in addition to the rate of expertise itself, when the expertise will be conducted by a liberal psychiatrist;
      ― the establishment of a scholarship system to attract the psychiatric medical officers to the activity of judicial expertise. As provided for in section 9 of this Act, students will sign a contract of commitment on the psychiatric care of persons by decision of justice, entitled to an allowance in consideration, on the one hand, of the follow-up to a training in criminal sciences, legal psychiatry or legal psychology, relating to judicial expertise or the prevention of recidivism, and, on the other hand, close to their registration, a minimum of
      ―the establishment of guardians to encourage, train and accompany psychiatrists who embark on the activity of judicial expertise: it is to organize the accompaniment of a psychiatrist, recently graduated or not and who wishes to start an activity as a junior expert, by a senior judicial expert who serves him as a guardian, during the first twenty expertise entrusted to him.
      B. ∙ Strengthen the monitoring of convicted persons at risk of recidivism, including sexual offenders


      1. Generalize recidivism prevention programs


      Recidivism prevention programs will be generalized at all penitentiary institutions and will necessarily include a specific component on sexual delinquency and behaviour study. These programmes will be developed and implemented by an interdisciplinary team including psychologists.
      2. Create a second institution specialized in the care of inmates with severe behavioural disorders
      As mentioned above, a second institution specializing in the care of inmates with serious behavioural disorders will be built on the model of the current Château-Thierry facility. This structure will offer 95 seats.


      3. Ensure the effectiveness of care
      (a) In a closed environment


      TheArticle L. 3711-3 of the Public Health Code, in his writing from the Act No. 2010-242 of 10 March 2010 referred to above, had provided, as part of the injunction of care in the open environment, the duty of the convict's physician to inform, through the co-ordinating physician, the judge of the application of the sentences of the care order that would intervene against his opinion.
      In order to enhance the effectiveness of closed care, section 7 5 of this Act aims to improve the information of the judge of the enforcement of sentences for treatment in custody. The attending physician will issue certificates to the convict indicating whether or not he regularly follows the treatment proposed by the judge of the application of the sentences, with the dependant of the convict to transmit them to the judge of the application of the sentences, who will be able to make informed decisions on the withdrawal of the penalty reductions and the granting of additional penalties or parole.


      (b) Open environment


      The effective implementation of an injunction of care, which this measure intervenes in the context of socio-judicial monitoring, judicial supervision, security surveillance or parole, requires the appointment by the judge of the application of the penalties of a coordinating doctor, psychiatrist or doctor who has undergone appropriate training, listed by the public prosecutor; the coordinator physician plays an intermediary role between the magistrate and the attending physician. He is informed by the attending physician of any difficulties in the execution of the treatment and transmits to the enforcement judge the necessary elements for the control of the injunction of care.
      However, as of September 1, 2011, only 237 medical coordinators were unevenly distributed to the national territory for 5,398 injunctions of care. Justice is thus faced with a deficit of medical coordinators: 17 departments are currently lacking, and the number of unattended care orders is estimated at 1,750 measures. 119 additional co-ordinating doctors would be required to ensure that all such measures could be followed, with 20 medical personnel, regardless of the convict ' s residence department.
      Two measures are designed to address the insufficiency of coordinator doctors.
      First, the lump-sum compensation received by the co-ordinating physicians appointed by the sentencing judge to follow those sentenced to an injunction of care, currently set out in the January 24, 2008 order for the application of Articles R. 3711-8 and R. 3711-11 of the Public Health Code for co-ordinating physicians at €700 gross per calendar year and per person followed, will be revalued and increased to €900 gross.
      Secondly, the scholarship and tutoring mechanisms previously exposed to increase the number of psychiatrist experts will also concern the coordinator doctors.
      C. ― Strengthen and reorganize the integration and probation services to ensure better follow-up to persons placed in the hands of justice


      1. Establish mobile teams


      The activity of the SPIP is structurally aware of significant variations in judicial activity and the human resources management characteristics of the integration and probation sector. To deal with this, mobile teams will, in accordance with the preconizations of the report of the General Inspection of Judicial Services and the General Inspection of Finance, be formed to strengthen the integration and probation services in the event of a peak activity and to introduce more flexibility in staffing management.
      The creation of 88 ETPT is scheduled in this capacity and will begin in 2013.


      2. Focus on insertion and probation advisors
      on follow-up to convicted persons


      Section 4 of this Act provides that, except in the event of material impossibility, pre-sentence investigations into the authorized associative sector. This will allow the counsellors of insertion and probation to refocus on the follow-up of convicted persons (called "post-sentenciel follow-up"). The equivalent of 130 ETPT of insertion and probation advisors can be cleared and redeployed.


      3. Reorganization of the SPIP


      To ensure the regular and homogeneous care of all persons placed in the hands of justice, the organization and working methods of the services of insertion and probation, which have experienced in recent years a strong increase in their activity as well as significant changes in the criminal procedure and the policy of fine-tuning, will be modernized. In addition to the generalization of the criminological diagnosis and the differentiated monitoring, as well as the ignoring and furthering of the APPI application already mentioned, several measures will contribute to this:
      ―in the continuation of the circular of the Directorate of Prison Administration No. 113/PMJ1 of March 19, 2008 on the missions and methods of intervention of the penitentiary services of insertion and probation and taking into account the results of the work on the missions and methods of intervention of the PIPS currently underway, an activity repository will be developed to specify the missions of the services of insertion and probation;
      – reference charts will be developed, like those in prisons;
      • Types of organization will be put in place (according to the activity, the typology of the people followed and the territorial realities) in order to harmonize practices;
      – an internal audit service "business" will be established;
      – reliable indicators for measuring workload and results will be developed;
      – a better process of geographical distribution of staff will be implemented, in order to gradually converge the workload between services;
      ― a finer territorial organization will be established, including by co-ordinating the number of administrative residences (on which placement and probation advisors are assigned) and antennas (corresponding to an exercise site, they may be mixed or consecrated exclusively in the open environment or in a penitentiary institution), in order to reduce the rigidities in the management of the workforce.


      III. ― Improving care
      Juvenile Offenders


      A. ― Reducing the time frames for the judicial protection of youth services to be taken up by the judge
      Reducing the deadlines for the execution of judicial measures against minors is an essential objective not only because the measure is intended to put an end to a disturbance to public order, but also because it is essential that it be executed in a time close to the commission of the facts so that it has a meaning for the minor.
      The rapid execution of these measures also prevents recidivism.
      For this reason, section 12 of this Act requires the care of the minor by the educational service within five days from the date of the judgment.
      This provision will enhance the effectiveness of the criminal response to juvenile delinquency.
      However, such a reduction in time requires, in particular in high-delinque departments, targeted strengthening of the educational workforce of the judicial protection of youth. In these departments, the delivery times observed are significantly higher than the national average, which is currently 12 days. Under these conditions, it is not uncommon in these territories that a minor reiterates the facts of delinquency even though a measure taken against him has not yet been carried out.
      The goal of reducing the delivery time to less than five days will not be achieved by the only optimization of existing means and will require targeted staffing strengthening in twenty-nine departments identified as priorities.
      The creation of 120 ETPT of educators is scheduled for this purpose. It will be from 2013 to 2014.


      B. ― Increase capacity
      in closed educational centres (CEF)


      Since their inception, the CEF has shown that they are effective tools against reiteration and that they offer a relevant response to the most criminalized minors or commit the most serious acts.
      articles 10-2 and 20-10 of Order No. 45-174 of 2 February 1945 on Child Offender, in their drafting Act No. 2011-939 of 10 August 2011 referred to above, expand the conditions for the placement of juvenile offenders in CEF by opening the use of this device within the framework of the judicial review for minors between 13 and 16 years of age who commit acts punishable by five years of imprisonment when it comes to voluntary violence, sexual assault or offences committed with the aggravating circumstance of violence and when the magistrate envisages the revocation of a stay with probation, the alternative placement in CEF
      The Youth Judicial Protection Directorate currently has 45 CEFs of 12 seats, with a capacity of 540 seats. The need is estimated at approximately 800 places, resulting in the establishment of 20 additional centres.
      In order to optimise existing means, these additional 20 CEFs will be created by processing existing shelters.
      The creation of 90 ETPT of educators is scheduled for this purpose. This measure, accompanied by the implementation of the reform of juvenile justice provided for by the Act No. 2011-939 of 10 August 2011 referred to above60 ETPT of the 90 mentioned above will be opened, in advance, from Budget 2012.
      In addition, in order to accelerate the establishment of these centres, section 11 of this Act exempts them, when they fall within the public sector of the judicial protection of youth, from the appeal procedure.


      C. ∙ Developing a peopsychiatric follow-up
      in closed educational centres


      The most difficult minors have characteristic behavioural disorders (violent relations and failure of any solution to them).
      However, these minors constitute a large part of the public followed by the CEF.
      Thus, educators have to deal with minors who, if not all of them have psychiatric disorders, generally experience behavioural disorders and have a strong tendency to go through the violent act.
      The special features of these minors require a concerted care that is based on a sustained link between the youth judicial protection services and community psychiatric devices.
      To date, 13 CEFs have been strengthened by paedopsychiatric monitoring between 2008 and 2011 and the first results are probative. A significant decrease in incidents was observed.
      Based on these results, this device will be extended to 25 additional CEFs.
      This deployment will be based on protocols between the interregional branches of youth judicial protection and regional health agencies to promote care.
      The creation of 37.5 ETPT is scheduled for this purpose.
      This law will be enforced as a law of the State.


Done in Paris, March 27, 2012.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The guard of the seals,

Minister of Justice and Freedoms,

Michel Mercier

The Minister of the Interior,

of the Overseas, territorial authorities

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 state reform,

Government spokesperson,

Valérie Pécresse

(1) Act No. 2012-409. Preparatory work: National Assembly: Bill No. 4001; Report of Mr. Jean-Paul Garraud, on behalf of the Law Commission, No. 4112; Discussion on 10, 11 and 12 January 2012 and adoption, after the accelerated procedure was initiated, on 17 January 2012 (TA No. 820). Senate: Bill, passed by the National Assembly, No. 264 (2011-2012); Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the Law Commission, No. 302 (2011-2012) Text of Commission No. 303 (2011-2012) Discussion on January 31, 2012 and February 1, 2012 and adoption on 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 parity commission, No. 4346. Senate: Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the Joint Parity Commission, No. 358 (2011-2012). National Assembly: Bill, amended by the Senate, No. 4300; Report of Mr. Jean-Paul Garraud, on behalf of the Law Commission, No. 4352; Discussion and adoption on 20 February 2012 (TA n° 859). Senate: Bill, passed by the National Assembly on new reading, No. 386 (2011-2012); Report of Ms. Nicole Borvo Cohen-Seat, on behalf of the Law Commission, No. 399 (2011-2012) Discussion and rejection on February 27, 2012 (TA No. 85, 2011-2012). National Assembly: Bill, rejected by the Senate again, No. 4410; Report of Mr. Jean-Paul Garraud on behalf of the Law Commission, No. 4420; Discussion and adoption, on final reading, 29 February 2012 (TA No. 872). ― Constitutional Council: Decision No. 2012-651 DC of 22 March 2012 published in the Official Journal of this day.
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