Key Benefits:
The Prime Minister,
On the Seals Report, Minister of Justice, Minister of Economy, Finance and Industry, Minister of Public Service and Reform of the state and the overseas minister,
In light of the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Act No. 84-16 of 11 January 1984, as amended, amending the statutory provisions relating to The civil service of the State;
Having regard to Act No. 2001-616 of 11 July 2001 on Mayotte, as amended by Order No. 2002-1450 of 12 December 2002 on the modernisation of the municipal system, inter-communal cooperation, on conditions The exercise of local mandates in Mayotte and amending the General Code of Territorial Communities and the Overseas Programme Act (No 2003-660 of 21 July 2003), in particular Articles 64-1 and 65 thereof;
Having regard to Order No. 58-696 of 6 August 1958 on the special status of officials in the deconcentrated services of the penitentiary administration, as amended by Act No. 92-125 of 6 February 1992;
In the light of Decree No. 66-874 of 21 November 1966 on the special status of Officials of the decentralised services of the penitentiary administration;
In view of Decree No. 77-906 of 8 August 1977 on the special status of administrative staff and the administration of decentralised administrative services Prison, as amended by Decree No. 91-741 of 30 July 1991, by Decree No. 94-758 of 30 August 1994 and by Decree No. 98-220 of 25 March 1998;
Having regard to Decree No. 93-1113 of 21 September 1993 relating to the special status of staff Supervision of the prison administration;
Having regard to Decree No. 93-1114 of 21 September 1993 on the special status of prison administration staff for insertion and probation, as amended by Decree No. 2000-1212 of 13 December 2000 and by Decree No. 2001-71 of 29 January 2001;
Having regard to Decree No 94-1016 of 18 November 1994 laying down the common statutory provisions applicable to various bodies of officials of category B, as amended by Decree No. 97-301 Of 3 April 1997 and by Decree No. 2001-1238 of 19 December 2001;
Having regard to Decree No. 94-1017 of 18 November 1994 laying down the common statutory provisions applicable to the bodies of the administrative secretaries of the State administrations and to Certain similar bodies, as amended by Decree No. 97-996 of 23 October 1997, by Decree No. 2001-1239 of 19 December 2001 and by Decree No 2003-613 of 5 July 2003;
Having regard to Decree No. 98-655 of 29 July 1998 on the special status of the Prison Service Directors' body, as amended by Decree No. 2002-724 of 30 April 2002;
In view of the opinion of the General Council of Mayotte as of 26 July 2004;
In view of the opinion of the Joint Technical Committee of 25 November 2004;
State Council (Finance Section) heard,
Clipping:
A body of state prison guards is created for the administration of Mayotte. This body is managed by the custody of the seals, Minister of Justice. It is subject to the provisions of the order of 6 August 1958 and the decree of 21 November 1966 referred to above, as well as those of Titles I and III of this Decree.
The body of the Prison Supervisors of the State for the administration of Mayotte comprises two ranks: the rank of prison supervisor, which comprises ten levels and the rank of The first penitentiary supervisor with seven steps.
The members of the body referred to in Article 1 shall be Assigned to Mayotte.
Prison Supervisors are responsible for the care of persons under the control of the courts and are involved in the execution of sentences and actions to prepare for reintegration
Prison Supervisors are responsible for the supervision of the prison guards they coordinate and animate the activity
The length of service required at each step in each grade of the body to access the top level is set to one year.
Can be promoted to the rank of first penitentiary supervisor at the 4th echelons of their rank and entered in the table Established after the opinion of the competent Joint Administrative Committee.
Prison Supervisors shall be appointed at the level with an equal index or, failing that, immediately above that held in their former In
limit of the seniority laid down in Article 4 for promotion to the higher level, the Prison Supervisors shall retain the seniority they had acquired at the level of their former rank when the increase in Salary resulting from their appointment is less than that provided to them by a step-level advancement in their former rank.
In the same limit, they also retain that seniority when they reached the last step of the Their former rank and the increase in salary resulting from their appointment is less than that resulting from the promotion to the latter step.
Prison Supervisors promoted to the rank of first supervisor under Article 5 shall be given training in adapting to the framework they are intended to occupy. The terms and conditions of such training shall be fixed by the custody of the seals, the Minister of Justice.
Prison supervisors who justify three years in the last step of their rank are immediately integrated into the corps of the graders and supervisors governed by Decree No. 93-1113 of 21 September 1993 referred to above and reclassified to the 1st echelon of the
The first penitentiary supervisors who justify one year in the last step of their rank are immediately integrated into the corps of the graders and supervisors governed by Decree No. 93-1113 of 21 September 1993 Above and reclassified to the 1st step of the rank of first supervisor
The incumbents of the departmental community of Mayotte, made available to the state and assigned to the prison services of Mayotte, fulfilling the conditions laid down in Article 64 (1) of the Act of 11 July 2001 referred to above and carrying out functions corresponding to those referred to in Article 3 shall be established in the body of the Prison Supervisors of the State for the administration of Mayotte, under the conditions laid down in Articles 9 to 11, 19 and 20.
After prior training and have been entered on a list of qualifications established after notice of the The competent Joint Administrative Committee, the agents referred to in Article 8 shall be integrated into the body of the Prison Supervisors of the State for the administration of Mayotte under the conditions laid down in the following correlation table :
You can view the table in OJ
n ° 42, 19/02/2005 text number 12
Integrations shall be pronounced by the custody of the seals, Minister of Justice.
Services performed as the incumbent agent of the departmental community of Mayotte are assimilated to services performed in the integration body.
With the exception of the integrations provided for in Article 8, there is no recruitment in the body of state prison guards for the administration of Mayotte.
Until the Commission is installed Administrative parity of the body of the Prison Supervisors of the State for the administration of Mayotte, which will take place within 18 months of the publication of this Decree, its powers will be exercised, for the agents appointed in This body, by the National Joint Administrative Commission of the Corps of Gers and Supervisors
Non-incumbent agents in the community Département de Mayotte, made available to the State and assigned to the prison services of Mayotte, fulfilling the conditions laid down in Article 64 (1) of the Act of 11 July 2001 referred to above, are entitled to be appointed on their behalf Request in one of the bodies of officials of the decentralised services of the penitentiary administration of the Ministry of Justice.
The body referred to in the preceding paragraph shall be determined in accordance with the following table of correspondence :
You can view the table in OJ
n ° 42, 19/02/2005 text number 12
The access of the agents mentioned in Article 14 to each of the host bodies is subject to the success of the tests of a professional examination.
The rules of general organisation and the nature of examination tests Professional shall be fixed by joint custody of the seals, the Minister of Justice, and the Minister responsible for the public service.
The agents who have satisfied the tests of the professional examination provided for in Article 15 are, after the opinion of the competent Joint Administrative Committee, entered on a list of aptitude.
Ownership is pronounced by the custody of the seals, Minister of Justice.
tenure holders are classified in the host body under the conditions set by the special status of this body for non-incumbent agents
When
at the end of the classification under sections 9 and 18, officers receive less gross pay than they previously held, they receive a compensatory allowance on a personal
. Compensation shall be paid out as compensation increases are received in the new body.
In no case shall the cumulative amount of the compensation and compensation be greater than the Compensation for the last step of the highest grade of the body to which the persons have access.
Elements To be taken into account for the purpose of determining the compensation awarded pursuant to Article 19 shall be, to the exclusion of the cost representative allowances:
1 ° On the one hand, the total remuneration prior to integration, which Includes the gross principal remuneration plus the premiums and allowances which constitute the accessory thereto, including, where applicable, the additional work allowance;
2 ° the overall remuneration resulting from the Integration, which includes unspeakable gross treatment, increased, if any, its accessories, as well as premiums and allowances, including, where applicable, additional work allowances.
Seals, Minister of Justice, Minister of Economy, Finance and Industry, Minister of Public Service and Reform of The State, the Minister for Overseas Affairs and the Minister for Budget and Budget Reform, a spokesman for the Government, shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, February 17, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Dominique Perben
Minister of the Economy,
Finance and Industry,
Hervé Gaymard
Public Service Minister
and State Reform,
Renaud Dutreil
The Minister for Overseas Affairs,
Brigitte Girardin
The Minister Delegate to the Budget
and Budget Reform,
Government Spokesperson,
Jean-François Copé
