Key Benefits:
Publics concerned: members of the prison supervisory and enforcement personnel.
Purpose: Revalorization of the status of members of the prison management and enforcement personnel.
Entry into force: the text comes into force on January 1, 2014.
Notice: This decree amends the statutory rules of the supervision and enforcement of the prison administration supervisory personnel:
―it creates two additional ladders at the top of the supervisor's grade;
―it adds an additional condition of seniority (to have reached the 5th step in the rank of supervisor) to pass to the rank of brigadier;
―it makes the grade of major more attractive by removing the minimum duration of two years of assignment in the establishment where they are appointed during their promotion and by reducing the required duration of service by four years in the ranks of first supervisor or supervisor to access the grade of penitentiary major.
In addition, the decree adds provisions including the reclassification of former military personnel.
References: the decree amended by this decree can be consulted, in the version of this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le education code ;
Vu le Defence code ;
Vu le Code of Criminal Procedure ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-441 of 14 April 2006 amended to include the special status of correctional personnel;
Having regard to the advice of the departmental technical committee of the Ministry of Justice dated 25 November 2013;
The State Council (Section of Administration) heard,
Decrete:
The above-mentioned decree of 14 April 2006 is amended in accordance with articles 2 to 12 of this decree.
At the 1st of Article 2, the word "Eleven" is replaced by the word "Thirteen".
Section 3 is replaced by the following:
"Art. 3.-The members of the prison administration supervisory and enforcement personnel participate in the execution of criminal decisions and sentences and in the maintenance of public security.
"They maintain order and discipline, ensure the custody and supervision of the criminal population and participate in the execution of the sentence and in actions to prepare for the reintegration of persons placed in the hands of justice.
"They may exercise, subject to recognition as fit, complementary specialized functions that contribute to the proper performance of their main missions. These specialized functions and the modalities for recognition of the skills necessary to exercise them are established by a Seal Guard Order, Minister of Justice.
"The first monitors and major penitentiaries provide supervision for the supervisors, chief supervisors and brigadiers supervisors.
"The members of the supervisory and enforcement corps are intended to be assigned to the deconcentrated services of the penitentiary administration, the National School of Prison Administration, the Correctional Service or the central administration of the Ministry of Justice.
"They carry out their duties in uniform or in civilian clothes according to the nature of the functions performed.
"They are appointed by order of the Seal Guard, Minister of Justice. »
In the first paragraph of Article 4, the words: "R. 335-12 to R. 335-23 of education code are replaced by the words: "R. 335-12 to R. 335-22 of the education code" and the word: "40" is replaced by the words: "40".
The second paragraph of Article 7 is replaced by the following provisions:
"Students whose schooling has not given satisfaction are, after the advice of the parity administrative board, either allowed to extend their schooling or terminated, or, if they already had the quality of an employee, reintegrated into their original body or employment framework according to the provisions applicable to them. The authorization to extend the education can only be granted once. »
Section 8 is replaced by the following provisions:
"Art. 8.-Students and interns who had, on the date of their appointment in the prison administration, the quality of an official, non-permanent or military officer shall receive at least equal pay as a result of the application of the provisions of Chapter IV of this title that correspond to their situation. »
Section 9 is replaced by the following:
"Art. 9.-The internship lasts one year.
"The trainees whose internship has been deemed satisfactory shall, after the advice of the competent parity administrative board, be held and graded in accordance with the terms set out in chapter IV of this title. Those who are not registered at the end of the course may be allowed to complete a complementary course of up to one year.
"The trainees who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are, after notice of the parity administrative commission, terminated if they did not have the quality of an employee, or reintegrated into their original body or employment framework according to the provisions that apply to them. »
I. ― In II, III and IV of Article 10, the word: "formerly" is replaced by the words: "on the date of their appointment as a student."
II. ― After Article 10 IV, a V is inserted as follows:
"V. ― Supervisors who had, on the date of their appointment as a student, the quality of a member is classified in accordance with the provisions of the articles L. 4139-1 and L. 4139-3 the code of defence and the regulations made for their application.
"The supervisors who had, at the time of their integration, the quality of the military is classified according to the provisions of Article L. 4139-2 of the Defence Code and the regulations made for their application. »
Section 12 is replaced by the following:
"Art. 12.-May have access to the exceptional level of the senior supervisory and supervisor, within the limits of a quota fixed by Seal Guard Order, Minister of Justice, Minister of Budget and Minister of Public Service and after the advice of the parity administrative commission, the senior supervisors reached at the 13th level of their rank and who are at least forty-seven years of age at least 1 year. »
The 1st of section 13 is replaced by the following provisions:
« 1° Senior supervisors holding, as of January 1 of the year in which the progress table is stopped, at least the 5th step of their grade, and who have obtained three units of value whose content and terms are fixed by Seal Guard Order, Minister of Justice, and the Minister for Public Service; "
At 2° of Article 16, the word "20" is replaced by the word "six".
Section 17 is repealed.
I. ― At the date of entry into force of this Order, the senior supervisors ranked at the exceptional level of their rank are reclassified to the 12th step, with a seniority retained within the time limit of this step.
II. - On the date of entry into force of this decree, the senior supervisors ranked at the 11th level of their rank are reclassified to the 11th step, with a seniority retained within the time limit of this step.
By derogation fromarticle 12 of the decree of 14 April 2006 referred to above and until January 1, 2016, can only access the exceptional level of their rank by the only senior supervisors who have at least two years of seniority in the 13th step.
A Seal Guard Order, Minister of Justice, and the Minister of Public Service determines the equivalences between the qualifications referred to in 1° of Article 13 of the decree of 14 April 2006 referred to above in its drafting prior to the publication of this decree and the units of value referred to in 1° of Article 13 of the decree of 14 April 2006 referred to above in its drafting of this decree.
Derogation from provisions of Article 13 of the Decree of April 14, 2006 referred to above in its drafting of this Order, may be included in the progress tables established under the years 2014, 2015, 2016 and 2017 for access to the rank of Brigadier supervisor, senior supervisors and supervisors who met the conditions set out in the Order. 1° of Article 13 of the decree of 14 April 2006 referred to above in its writing before the publication of this decree.
Members of the supervisory and enforcement personnel of the prison administration listed in the 2014 progress tables are classified, as of the date of their promotion to the higher grade, in accordance with the 2014 progress tables. provisions of Article 19 of the Decree of 14 April 2006 referred to above taking into account the situation that would have been theirs until the date of their advancement of rank, before the intervention of this decree and Decree No. 2013-1257 of 27 December 2013 amending the Decree No. 2010-1641 of 23 December 2010 hierarchical classification of the ranks and jobs of staff placed under special status of the decicent services of the prison administration.
This Order comes into force on the first day of the month following that of its publication.
The Minister of Justice, the Minister of Economy and Finance, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 27 December 2013.
Jean-Marc Ayrault
By the Prime Minister:
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
