Key Benefits:
Publics concerned: detained persons; penal institutions.
Purpose: Determination of the procedures for the operation of penitentiary institutions.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order sets out the standard rules of procedure of the different categories of prisons. It determines the operating procedures common to all prisons. It also includes provisions specific to arrest houses, central houses, detention centres and arranged sentencing centres. It specifies the rights and obligations of detained persons.
References: the provisions of Code of Criminal Procedure Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr). This decree is taken for the application of theArticle 86 of Act No. 2009-1436 of 24 November 2009 Prison.
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le Code of Criminal Procedureincluding articles 728 and R. 57-6-18 to R. 57-6-20;
Vu la Act No. 2009-1436 of 24 November 2009 penitentiary;
Considering the advice of the Technical Committee of the Prison Administration of February 6 and 15, 2012;
The State Council (inland section) heard,
Decrete:
In article R. 57-6-18 of the Code of Criminal Procedure, it is inserted before the first paragraph a paragraph as follows:
"The standard rules of procedure for the operation of each of the categories of correctional institutions, including common provisions and specific provisions of each category, are annexed to this title. »
D. 53-1, D. 61-D. 63, D. 243-D. 248, D. 259, D. 273, D. 283-3, paras. 2 and 3, D. 283-4, D. 284, D. 288, D. 289, D. 318, D. 331, D. 335-D. 338
This Order is applicable throughout the territory of the Republic, subject to the following modifications of theArticle R. 288 of the Code of Criminal Procedure :
1° In I, the 1°, 2° and 3° respectively become 2°, 3° and 4°;
2° The 1st is thus restored:
"In the Appendix to R. 57-6-18:
“(a) At 2° of the I of Article 19, the territorial libraries are defined as locally competent libraries;
“(b) In Article 31, the provisions relating to social security and employment are applicable to organizations and services with the same locally competent object; »
3° In II, after the words: "French Polynesia", the following provisions are inserted:
« 1° Appendix to section R. 57-6-18:
“(a) At 2° of the I of Article 19, the territorial libraries are defined as locally competent libraries;
“(b) In article 31, the provisions relating to social security and employment are applicable to organizations and services with the same locally competent object.
"2° (The rest without change)"
The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
(Annex to Article R. 57-6-18)
TYPE
PETURAL STATES
Preamble
Upon admission to a penitentiary institution and in the course of detention, the detained person is informed of the provisions relating to his or her detention regime, rights and obligations, and the remedies and requests that he or she may file under the conditions established by the prisonArticle 23 of Act No. 2009-1436 of 24 November 2009 Prison.
The exercise of his or her rights by the detained person may not be subject to any restrictions other than those resulting from the constraints inherent in detention, the maintenance of security and the proper order of the institution, the prevention of recidivism and the protection of the interests of the victims, in accordance with the provisions of section 22 of the Prison Law.
Any failure to comply with the rules of procedure and to Code of Criminal Procedure or service instructions may result in disciplinary and criminal proceedings.
PART I
COMMON PROVISIONS
TO ALL PETURAL ISSUES
Chapter I
The arrival
Article 1
Gender separation
Men and women are incarcerated in separate institutions or in separate areas of the same institution.
In the latter case, all arrangements must be made to ensure that there is no communication between one and the other, with the exception of activities organized under section 28 of the Prison Act.
Women detained are only monitored by persons of their sex. However, coaching may include male staff.
Article 2
The welcome
Upon arrival and until the time it can be taken either in the cell or in the area where it is assigned, the detained person is placed in isolation in a waiting cell or in premises holding place.
It is subject to the formalities of the nut and anthropometric measurements.
She is invited to specify the contact details of the persons to be prevented in the event that she would die, be struck by a serious illness that endangers her days, be a victim of a serious accident or be placed in a psychiatric institution.
Upon completion of these formalities, a shower is offered. He is given a toilet kit with personal hygiene products. It may also request to receive first-necessary dress effects.
She is able to inform her family of her incarceration as soon as possible.
Article 3
Mandatory interviews
The detainee is received by the head of the institution or by a director of the penitentiary services, an officer, a major or a first supervisor on the day of arrival or, at the latest, the next day.
The detained person is also received, as soon as possible, by a staff of insertion and probation.
She receives a medical examination as soon as possible.
At the end of a welcome and observation phase, which cannot exceed three weeks, information relating to its personality, health condition and danger is documented in writing.
Article 4
Enclosure
During the day, detained persons may be brought together for work, physical and sporting activities, education, vocational training or religious, cultural or leisure activities.
The duration during which the detained person is locked in a cell at night cannot exceed twelve hours.
Chapter II
The rules of life
Article 5
General obligations
The detained person must obey officials or agents who have authority in the penitentiary institution in all that they prescribe for the performance of legislative or regulatory provisions, rules of procedure or any other service instruction.
No detained person may be employed with authority on other detained persons. This prohibition does not prevent certain responsibilities from being entrusted to a detained person in the course of directed activities, under the effective control of staff.
Smoking is not permitted outside the cells and walking courses.
It is prohibited to manufacture, hold and consume alcoholic beverages.
No object or substance that can or facilitate a suicide, assault or escape, no dangerous tool outside the working time can be left at the disposal of a detained person.
In addition, items and clothing usually left in his possession may be removed, for security reasons, from the handover of other items that are specific to the safety or emergency protection.
Personal objects removed are deposited in the locker room. They are returned to the detainee when he leaves. It may request that it be undone under the conditions set out in the second paragraph of Article 24.
The manner in which the confidentiality of the personal documents of the detained person is assured is set out in sections R. 57-6-1 to R. 57-6-4.
Each inmate is responsible for the equipment provided by the administration. It must make it a normal use and ensure its proper maintenance.
Any new occupant of a cell must verify the condition of the equipment and report to staff any degradation.
Article 6
Discipline
I. ― The general provisions:
Disciplinary proceedings, disciplinary misconduct and sanctions are provided for in articles R. 57-7 to R. 57-7-61. The most severe penalties imposed by the detained person are confinement in the ordinary individual cell and placement in the disciplinary cell.
The provisions of the rules of procedure relating to discipline and the table of lawyers in the department's bars are posted in the disciplinary district.
II. ∙ Provisions common to ordinary individual confinement and placement in disciplinary cells.
The detainee retains the ability to request a hearing or interview with the staff of the institution or prison service for insertion and probation.
It may retain the books, teaching articles, necessary correspondence and objects of religious practice that it had in its possession before disciplinary action, unless these objects pose a risk to persons.
She is offered a choice of books, newspapers and periodicals of the institution's media library fund and may continue to receive newspapers, journals and publications to which she was subscribed before the sanction was pronounced.
It retains the products and toiletries necessary for its daily hygiene, the clothing it usually wears, tobacco and objects related to its use such as matches and cigarette paper. However, objects and clothing usually left to detained persons may be removed for security reasons.
III. – The provisions specific to the penalty of a disciplinary cell.
Upon arrival in the disciplinary district, the detained person is received as part of a reception by a managerial staff. On this occasion, a copy of the rules of procedure relating to discipline and a pamphlet reminding him of his rights and obligations are handed over to him.
Access to a radio station is offered to the detained person.
Personal lighters are prohibited in a disciplinary cell.
Personal effects are limited to the daily needs of the stay in the disciplinary district. The change of personal clothing is ensured regularly to allow the detained person to maintain in a satisfactory state of hygiene.
Article 7
Monitoring and security measures
I. ― The regime and procedure for segregation of a person held by protective or security measure are set out in sections R. 57-7-62 to R. 57-7-78.
The cells in the isolation area have a similar furnishing to that of ordinary detention cells.
The detained person accesses sports facilities and walks in the isolation area.
The detainee does not participate in the offices held in detention, except for individual authorization granted by the head of institution. In accordance with the representatives of the different religions, special offices may be established.
The provisions of the rules of procedure relating to isolation are displayed in the isolation area. Each inmate in the isolation area receives a copy.
II. – The general state of the cell must allow correctional personnel to properly perform regulatory controls and searches.
Prison staff, in the absence of the detained person, conduct frequent and thorough searches of the cell. Objects that bind the cell and, as a result, embarrassing or delaying security controls as well as objects whose use poses a risk or that do not comply with the regulations are deposited in the locker room. The detained person may request to be released under the conditions set out in the second paragraph of Article 24 III.
Objects of which it is established that the detained person is not the owner may be removed to the detained person in order to be returned to their legitimate owner.
For security reasons, it is forbidden to shut the doors and passages, to obstruct the eyeletons and to extend its linen on the windows bars.
III. ― The detained person is searched under the conditions set out in section 57 of the Prison Act and sections R. 57-7-79 to R. 57-7-82.
It may, by order of the head of establishment, be subject to the wearing of means of restraint if it is no other possibility to control it, prevent it from causing damage or harm to itself or others.
As a precautionary measure against escapes, the detained person may be subjected to the wearing of handcuffs or, where appropriate, obstructions during transfer or extraction, or where circumstances do not allow the effective custody of the detained person in another way.
IV. ― The keeping carried on the occasion of movements must facilitate, for security reasons, the control of persons and their identification.
Clothing or shoes that trigger the signal of metal mass detectors are deposited in the locker room. The detained person may request to be released under the conditions set out in the second paragraph of Article 24 III.
V. ― It is prohibited to grave the fences, fences, enclosure walls and any other anti-freezing devices of the establishment, to access the facades and roofs of the establishment as well as the round roads or neutral areas.
Article 8
The use of time and the organization of movements
The use of time is made known to the detained person.
The trips are carried out in order, in calm and in accordance with the scheduled times.
The detained person must be able to justify his or her identity and the purpose of his or her displacement.
Outside the cell, the detained person must maintain a decent and appropriate outfit.
Article 9
The power supply
Each inmate receives a varied, well-prepared and presented diet, responding both to the quality and quantity of the dietary and hygiene rules, taking into account his or her age, state of health, nature of his or her work and, to the extent possible, his or her philosophical or religious convictions.
The diet has three distributions a day. The two main meals are spaced at least six hours.
The person inmate sick benefits from the medically prescribed diet.
Article 10
Clothes
I. ― Each inmate wears the clothes that she owns, that are brought to her by her relatives or that she acquires through the administration, unless otherwise decided by the head of institution for reasons of order, security or cleanliness.
It may request the administration to provide the necessary clothing effects if it fears the deterioration of its personal clothing either by excessive use or on the occasion of work.
When its resources are insufficient, it may request that clothing be provided to it.
II. – Clothing and underwear left or provided to the detained person is appropriate to the climate and season. They must be kept clean and in good condition. The underwear must be washed with sufficient frequency to ensure their cleanliness.
Clothing removed to the detained person who has expressed the desire to wear those provided by the administration is inventoried, cleaned, disinfected and delivered to the locker room. At the time of his release, his clothes were returned against discharge.
No garment used to a detained person may be reused without having been previously cleaned or disinfected.
Chapter III
Hygiene measures
Article 11
Safety and cleanliness of premises
Each valid detainee makes his bed and maintains his cell or the place reserved for him in a constant state of cleanliness. To this end, the prison administration provides the necessary cleaning products and objects.
Common premises and collective use are cleaned every day, as appropriate, by persons held in the general service.
It is forbidden:
- to throw detritus or any other object by windows, in the toilets and washbasins of the cells, in the courtyards, traffic corridors and other premises;
―to obstruct ventilation mouths, ventilation, heating;
― to degrade or salt cells and common spaces.
Article 12
Personal hygiene
Cleanness is required of any detained person.
The products of the toilet package delivered upon arrival of any incoming person are renewed, in accordance with the terms determined by the head of establishment and at least every month, for those detained with insufficient resources, upon request.
Each inmate must be able to shower at least three times a week. To the extent possible, it must be able to shower after sports sessions, work and vocational training.
Every inmate must be able to take a walk of at least one hour in the open air every day.
Each inmate must have an individual bed and an appropriate bedding, properly maintained and renewed to ensure its cleanliness. The bedding used to a detainee may not be reused without being previously cleaned or disinfected, as appropriate.
Chapter IV
Health
Article 13
Medical secret
The right to medical confidentiality of the detained person and the secrecy of the medical consultation are guaranteed in accordance with the provisions of section 45 of the Prison Act and those of the Public Health Code.
Article 14
Care
I. ― Within the establishment, no storage, disposal, donation or exchange of drugs is permitted. The detained person must be able to justify the possession of medication through the production of a medical prescription.
No medication entry can be made through parloirs or canteen purchases. If the incoming detainee is carrying medication, the doctor must be immediately notified to determine the use that must be made.
Medical equipment and equipment may be left at the disposal of the detained person in accordance with the terms prescribed by the physicians involved in correctional facilities, unless the Chief of Institution has been determined by reasons of order and security.
II. - When the detained person is admitted to a health facility, the prison regulations remain applicable to him or her to the extent possible. This is particularly true of its relations with the outside.
The detainee may be authorized by the head of institution to hold a sum of money from the available part of the detainee's name account to carry out routine expenses within the health facility.
Chapter V
Rehabilitation preparedness
Persons detained
Article 15
Labour
The detained person, regardless of their criminal category, may apply to work. It addresses its written request to the head of institution.
The duration of the work per day and per week may not exceed the hours in the open environment in the type of activity. Schedules must provide the time required for rest, meals, walk and educational and leisure activities.
Respect for weekly rest and, subject to the continuity of service, holidays must be ensured.
The specific regulation of each activity and the pay grid are displayed at the workplace.
Article 16
Vocational training
The detained person may undertake or continue individually any professional training activities in conditions consistent with the requirements of maintaining order and security.
It can receive and follow correspondence courses organized by the Department of National Education.
It may also receive other correspondence courses with the authorization of the head of institution.
The detainee bears the costs that arise, except as a special agreement between the prison administration and the distance learning agency.
Article 17
Teaching
The detained person may undertake any studies in conditions consistent with the requirements of law enforcement and security.
It is authorized to have in its cell equipment and school supplies as well as the necessary educational materials.
The detained person may receive and follow correspondence courses organized by the Department of National Education.
It may also receive other correspondence courses with the authorization of the head of institution.
The detainee bears the costs that arise, except as a special agreement between the prison administration and the distance learning agency.
Article 18
Spiritual assistance
The modalities of the organization of spiritual assistance are provided for in articles R. 57-9-3 to R. 57-9-7.
Each inmate may worship his or her choice, individually in his or her cell, or collectively in the rooms provided for in that regard, in the presence of the chaplaints.
The wearing of religious clothing is prohibited in places for collective use, except for the worship room. The clothes and objects of worship must be transported in a bag of the cell to the cult room.
The detainee may correspond with the registered chaplains of the establishment under closed fold.
Article 19
Sociocultural action
I. ― The detained person's access to written and audio-visual publications may be:
1° As part of the cultural action implemented in each penitentiary institution;
2° Through the media library of the penitentiary institution and territorial libraries partners of the prison administration;
3° Through the Audiovisual and Multimedia Resource Centre of the Penitentiary Institution;
4° By receiving from outside such publications;
5° By the collective or individual use of equipment that exclusively allows the reception of radio and television services;
6° By the collective or individual use of computer equipment not connected to external networks;
7° By the collective or individual use of terminal equipment within the meaning of Article L. 32 of the Post and Electronic Communications Code.
II. ― The media library provides free written and audio-visual publications of its fund to each inmate.
It is provided with direct and regular access to the works regardless of the location of the media library in the establishment and without prior registration.
The borrower of the media library's books is personally responsible for the borrowed publications he must take the utmost care. It may not lend these publications to another detained person and must return them within the agreed deadlines, and in any case before the transfer or departure of the institution.
III. ― Receiving or sending out written and audio-visual publications by the inmate is carried out:
1° Input on occasion of visits to a visiting permit or the arrival of a registered prison visitor;
2° By mailing of the publisher or detained person;
3° By deposit to the penitentiary institution, carried out by registered prison visitors or persons holding a visiting permit, outside the visits, after agreement of the chief of institution;
4° Through the prison administration.
In the hypotheses referred to in 1° and 3°, the publication is given to the prison staff who transmits it to the detained person.
When the receipt or sending of written and audio-visual publications results in fees and the fees are not paid by the outside sender or the outside recipient, these costs are borne by the detained person.
IV. ― The detained person may obtain access through the administration and in accordance with the terms and conditions that it determines an individual radio and television. Their use should not be uncomfortable for other detainees.
Exchanges and personal book loans between detained persons are permitted.
V. ― The release of writings by a detained person for publication or disclosure is authorized by the Interregional Director of Prison Services.
Without prejudice to a possible seizure by the judicial authority and subject to the exercise of the rights of the defence, any manuscript written in detention may be held for reasons of order and be returned to its author only at the time of his release.
VI. ― Under the control of a prison staff, detained persons may participate in collective activities or games excluding any idea of gain.
VII. ― The detainee may acquire through the administration and in the manner it determines computer equipment.
In no case is it allowed to keep documents, other than those related to sociocultural, educational, training or professional activities, on a computer support.
These equipment and the data they contain are subject to the control of the administration. Without prejudice to a possible seizure by the judicial authority, any computer equipment belonging to a detained person may be retained and may be returned to him only at the time of his release, in the following cases:
1° For reasons of order and security;
2° In the event of a failure to access computer data, the person being held voluntarily.
Rule 20
Physical and sporting activities
All detained persons are allowed, except for medical contraindication, to practise physical and sporting activities.
However, the head of institution may prohibit these activities to a detained person for reasons of order and security.
A correct sportswear is required. It may be provided to the person without sufficient resources upon request.
Article 21
Prison Service intervention
of insertion and probation
For the duration of his or her incarceration, the detained person may be received by a member of the Correctional Service for Inclusion and Probation either at his or her request or on summons.
Insertion and probation staff appreciates the opportunity to receive a detained person or perform the procedures that they seek.
The correspondence between the detained person and the placement and probation staff is freely and under closed fold.
Letters sent by the detained person to social organizations may be transmitted under closed fold, under the control of the penitentiary service of insertion and probation.
Chapter VI
Asset management
Article 22
The external heritage
The detainee retains the management of his or her external heritage assets. This management can be carried out through an agent, a foreigner to the prison administration.
The powers of attorney shall be sent under the conditions set out in articles R. 57-8-16 and following.
Article 23
Monetary values
The detainee cannot keep in custody neither money nor means of payment.
The sums of which it is carrying during its nut are, at its request, sent to a third party or recorded, if not included in its name account.
The detainee may pay his or her external allowances or income, his or her choice, an external personal bank account or a nominal account.
Article 24
Non-pecuniary values
I. ― Objects that cannot be left in possession of the detained person for reasons of order and security are deposited in the locker room.
They are, after inventory, registered on the register of the locker room, on behalf of the interested party to be returned to it at its exit. However, it may request that it be released under the conditions set out in the second paragraph of the III.
Identity documents are also prohibited in custody and are deposited in the locker room, inventoried and registered in the same register. The detained person may recover them on the occasion of his or her exit from the facility in order to carry out the necessary steps. They're returned to him when he's gone.
On the other hand, the detained person is authorized to retain family photographs.
II. ― The detained person cannot keep jewellery in custody, except for his ring, watch and religious pendants.
The jewels, after estimation, and the values are inventoried, recorded on a special register and deposited in the office of the establishment's nominative account management authority. The detained person may, however, request to be released under the conditions set out in the second paragraph of the III.
In the event of a loss by the establishment, it is given to the detained person or his or her beneficiaries the estimated value of the lost object.
III. ― Objects and jewels of which the person detained at his or her entry may give rise to the refusal of their care because of their price, importance or volume.
In this case, they are provisionally registered in the above-mentioned special register, but the detained person is invited to undo. Upon request, they may be handed over to a family member or to a person holding a visiting permit. They may also be sent to an agent she designates. Shipping or custody costs are borne by the detained person.
IV. – At the time of liberation, the jewels and objects belonging to him are handed over to the detainee who gives him discharge. If the interested party refuses to receive them, it is given to the administration of the domains.
When the detained person is transferred, the objects belonging to him are deposited against receipt in the hands of the transfer agent if they are not too heavy or voluminous; otherwise, they are sent to the new destination of the detained person at the expense of the detainee or are handed over to a third party designated by the detainee after agreement by the superintendent.
In the event of the release of a decision of semi-liberty, placement on the outside, electronic surveillance, electronic surveillance of termination of sentence or suspension of sentence, the convicted person may take back the jewellery and objects belonging to him, against discharge.
Rule 25
Canteens
Inmates have the opportunity to acquire, through the canteen, various objects, goods or services in addition to those provided free of charge. This faculty is exercised under the supervision of the head of institution. It can be limited in case of abuse.
Prices in canteen are brought to the attention of detained persons.
Foods sold in canteen only include common commodities that can be consumed without any preparation, unless the detained persons have in their cells the materials necessary for their preparation and conservation.
Canteen sale of any alcoholic beverage is prohibited.
On an exceptional basis, upon authorization of the head of establishment and in accordance with the terms and conditions that it defines, the inmate may acquire objects not on the list of objects provided in canteen.
Chapter VII
Relations with the outside
Rule 26
Correspondence
The terms and conditions applicable to the correspondence of the detained person are set out in sections R. 57-8-16 to R. 57-8-19.
Rule 27
Telephone communications
The provisions for the authorization, refusal, suspension or withdrawal of telephone access are set out in sections R. 57-8-21 to R. 57-8-23.
Telephone communications are carried out through the various telephone stations available by the institution. The use or detention of mobile phones or any other communicating device is prohibited.
The detained person is not allowed to give another person detained the access code that allows him to telephone.
Rule 28
Meetings with public or ministerial officers
and judicial officers
The confidentiality of the interviews of the detained person with public or ministerial officers and court officers is ensured when the public prosecutor certifies that the nature of the interests in question warrants the confidentiality of the communication. This certificate is attached to the application for a permit to communicate.
Rule 29
Visits
The frequency of visits that the detained person may receive is at least three times a week when notified and at least once a week when convicted.
During the course of the visits, smoking, indecent or violent attitudes or behaviours are prohibited and food and beverages are provided. Otherwise, the parlor may be interrupted.
During parloirs, prison staff prevents any transfer of money, letters or objects.
Rule 30
Maintenance of family ties
Upon authorization by the head of institution, detained persons may send to their family members any amount that is available from their nominative account.
Detainees may receive money subsidies from persons holding a permanent visiting permit or authorized by the Chief of Institution. This faculty is exercised under the conditions determined by Seal Guard Order, Minister of Justice. The destination to be given to these subsidies shall be settled in accordance with the provisions applicable to the holding of the name account.
In addition, the sentenced person may, upon authorization from the head of institution and in exceptional circumstances, receive subsidies for an expense justified by a particular interest. The remainder of the expenditure is, at the request of the detained person, either returned to the consignor or subject to distribution.
When the news of the death or serious illness of a member of a detainee's close family reaches the establishment, the detainee is immediately informed of the death or serious illness.
Rule 31
Information concerning the detained person
It is issued to the detainee who makes the request, during his or her incarceration, at the time of his or her release, or even after, a certificate certifying his or her presence or the duration of his or her presence in penitentiary institutions without specifying the reason for his or her release. The certificate mentions, if applicable, the affiliation of the interest to social security and does not include in any case any appreciation on it.
Rule 32
Sending and receiving objects by the detained person
I. ― Without prejudice to the provisions applicable to the written and audio-visual publications referred to in Article 19, the reception of objects from outside and the sending of objects outside are prohibited.
However, a list of objects or categories of objects authorized to be received or sent is determined by order of the seals, Minister of Justice.
When items that are not authorized for receipt are received from the outside, the head of establishment shall notify the sender. Objects are returned at the expense of the sender or, if not, deposited at the locker room.
When items that are not authorized to send are sent to an outside consignee, the head of institution shall notify the inmate. Those of those objects whose detention is authorized in a cell are returned to the detained person. The others are deposited in the locker room.
The detained person may request the removal of objects deposited in the locker room under the conditions set out in the second paragraph of Article 24.
When the receipt or sending of the objects is a cost generator and the objects are not paid by the sender or the outside recipient, these costs are borne by the detained person.
II. ― Receiving and sending objects by the detained person are subject to the security controls necessary for the prevention of escapes and the maintenance of the security and order of the prisons.
Receipt or shipment of objects authorized by an inmate is:
1° Input on occasion of visits to a visiting permit or the arrival of a registered prison visitor;
2° By direct surrender during visits to a visiting permit, for all documents relating to the family life of the inmate and to the exercise of parental authority by the inmate;
3° Postal parcel for the inmate who does not receive visits to a visiting permit, after agreement of the head of establishment;
4° By deposit at the penitentiary institution, carried out by registered prison visitors or persons with a visiting permit, outside the visits, after agreement of the chief of institution.
In the hypotheses referred to in 1° and 4°, the object is handed over to the prison staff who transmits it to the detainee after control.
Rule 33
Prison visitors
The detained person can benefit from the action of a prison visitor.
The interview between the prison visitor and the detained person he is dealing with takes place outside of the presence of a prison staff, in a premises arranged for that purpose inside the detention.
The visits take place on the days and hours fixed by the chief of establishment in agreement with the visitors.
They may freely correspond with the detained persons of whom they are engaged, under open fold and without prior authorization.
Chapter VIII
Complaints and complaints
detainee
Rule 34
General rules
Any detained person may submit petitions or complaints to the head of institution that gives him or her a hearing if he or she invokes sufficient grounds.
Each detainee may request hearing from the magistrates and officials responsible for the inspection or visit of the institution, outside the presence of any staff of the penitentiary institution.
The detainee to whom an administrative decision has made a grievance may file a hierarchical appeal with the interregional director or the Minister of Justice, as the decision is made by the head of institution or the interregional director. This appeal is not suspensive.
Rule 35
Protected correspondence
The list of French and international administrative and judicial authorities with which persons detained may correspond under closed fold is set out in article D. 262.
Chapter IX
The exit
Rule 36
Notices given to the detained person
at the time of his release
An exit ticket is issued to any person who is out of custody, whether it is a final exit or an exit within the framework of a sentencing or electronic surveillance measure, excluding permission to leave.
The exit ticket justifies the regularity of the situation of the detained person. It is invited to keep it carefully.
A certificate of presence for Pôle emploi may be given to the detained person.
Rule 37
Help out of detention
Material assistance may be provided to any detainee who has no resources at the time of his or her release in order to enable him or her to meet his or her needs during the time required to reach the place where he or she has declared that she is travelling.
The penitentiary provides, to the extent possible, clothing to the liberating inmate who would not possess it and would be lacking sufficient resources to obtain it.
The penitentiary may proceed or participate in the acquisition of a transportation permit for the detained person who, upon his or her release from custody, would not have a sufficient balance on his or her nominative account to reach the place where he or she declared to surrender.
The detainee who has been regularly terminated may, at his or her express request and in writing, obtain that his or her effective expansion be postponed from evening to morning, if it is not provided with an immediate lodging or conveyance.
PART II
SPECIAL PROVISIONS
PETURAL CATEGORY
Chapter I
Provisions specific to stop houses
Rule 38
Enclosure
If a detainee wishes to benefit from the individual enclosure regime, while the internal distribution of the facility and the number of detained persons do not permit it, the detainee may file with the head of institution a request to be transferred to the nearest detainee's house for such placement.
Within two months from the filing of the request, the head of institution shall specify to the person in custody the or houses in which it may be transferred.
If the detainee accepts one or more of the proposals, the detainee shall be transferred as soon as possible.
With regard to the accused persons, these provisions apply subject to the agreement of the magistrate seized of the proceedings pursuant to Article 715.
Rule 39
Relations with the human rights defender
The defendant speaks with his lawyer in a special parlour guaranteeing the confidentiality of the exchange. It corresponds with him, confidentially, by telephone and by mail.
Rule 40
Personal effects
Objects and jewellery to which the accused person wishes to undo, under the conditions provided for in the second paragraph of Article 24, paragraph III, may be returned or sent to a third party only with the consent of the magistrate seized of the record of the proceedings under Article 715.
Rule 41
Security measures taken by the judicial authority
The accused person may be placed in solitary confinement by the judicial authority under the conditions set out in sections R. 57-5-1 to R. 57-5-8.
It may be the subject of a separation measure from other detained persons ordered by the magistrate seized of the record of the proceedings and a temporary prohibition to communicate under section 145-4.
Rule 42
Organization of movements
The inmate is locked in his cell at night. She cannot freely leave her cell during the day. Displacements outside the walk must be justified by access to the walk, by an appointment that is attached to it, by a summons addressed to it or by an inscription to an activity.
During each movement, the detained person must be able to justify his or her identity and the purpose of his or her displacement, for failing which he or she will be returned to a cell.
Rule 43
Clothes
In the absence of proper personal effects, a proper conduct is made available to the accused person in order to appear before the judicial authorities.
Rule 44
Labour
The classification in the general service of an accused person shall collect the preliminary agreement of the magistrate seized of the proceedings under section 715.
Rule 45
Asset management
Pursuant to Article 715:
The power of attorneys drafted by the accused person shall be subject to the control of the magistrate who is seized of the proceedings under the conditions determined by the judge.
For the establishment of an act requested by the accused person, a notary may intervene in the penitentiary institution after obtaining the authorization of the magistrate seized of the case file.
When the accused person wishes to send to the members of his or her family the sums listed on the available part of his or her nominative account, the head of the institution shall refer the sums to the magistrate before the proceedings under the conditions fixed by the court.
The accused person may, upon authorization of the magistrate seized of the record of the proceedings, and exceptionally, receive subsidies for an expense justified by a particular interest. The remainder of the expenditure is, at the request of the detained person, either returned to the consignor or subject to distribution.
Chapter II
Provisions specific to penal institutions
Rule 46
The cell layout
The detained person is authorized to develop his or her cell in a personal manner, but must not degrade existing real estate or securities facilities. The principal determines the destination to be given to these developments in the event of cell change, transfer or release.
Rule 47
Central houses
In central houses and central home areas, establishments with a strengthened security organization and regime, the detained person is locked in his cell during the night. She cannot freely leave her cell during the day.
Displacements outside the cell must be authorized by a prison staff and justified by access to the walk, by an appointment that is attached to it, by a summons addressed to it or by an activity registration. They are accompanied by prison staff.
The inmate takes his meals alone in the cell.
Rule 48
Detention centres
I. ― In detention centres and in detention centres, establishments with a primarily social rehabilitation regime, the detained person is locked in his cell during the night.
It accesses parloirs and health services by prior appointment.
It accesses areas of work, vocational training, teaching and sociocultural activities supervised after registration and according to the schedules set out in its schedule of time.
On request, it accesses the showers and telephone stations located on the course of detention.
It accesses the walkway without prior registration and has free access to the telephone stations that are located there, during the opening hours of these equipment.
His movements are accompanied by prison staff.
She's taking her meals alone in a cell.
II. ― Arrangements, which take into account the personality, health and danger of the detained person, can be made to the I to accompany the efforts of the detained person in the area of social reintegration with greater autonomy. These include:
― the opening hours of cell doors for part of the day;
― the movement of the person inside his accommodation unit during the opening hours of cell doors;
― accompanying movements outside the accommodation unit;
access to telephone stations located on the course during the opening hours of cell doors;
• access to showers during opening hours of cell doors;
– access to non-managed activity rooms located within its accommodation unit;
- a meal in common.
During each movement, the detained person must be able to justify his or her identity and the reason for his or her displacement.
Rule 49
Sentence centres
In arranged sentencing centres and quarters for fine-tuned sentences that receive convicts whose remand of sentence is less than two years old and convicted persons who are subject to a semi-liberty or external placement measure, the schedules are arranged to take into account the diversity of criminal situations of detained persons.
The detained person holds a copy of the key or access card to his cell.
The detained person is free of charge within the facility.
Meals are taken either in a cell or in common.
Done on 30 April 2013.
Jean-Marc Ayrault
By the Prime Minister:
The guard of the seals,
Minister of Justice,
Christiane Taubira
