LAW SETTING MINIMUM STANDARDS ON SOCIAL REHABILITATION OF SENTENCED
Last reform published in the DOF on June 13, 2014
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
LUIS ECHEVERRIA ALVAREZ, Constitutional President of the United Mexican States, to its inhabitants, known:
That the H. Congress of the Union has been used to address the following
" The Congress of the United Mexican States, decrees:
LAW SETTING MINIMUM STANDARDS ON SOCIAL REHABILITATION OF SENTENCED
ARTICLE 1o.- The present Rules are intended to organize the prison system in the Republic, in accordance with the provisions of the following Articles.
ARTICLE 2o.- The criminal system will be organized on the basis of work, training for the same and education as a means for the social rehabilitation of the offender.
ARTICLE 3o.- The Public Security Secretariat will be responsible for enforcing these rules in the Federal District and in the Federation's dependent prisons. Likewise, the rules will apply, as appropriate, to the federal prisoners sentenced throughout the Republic and their adoption by the federal entities will be promoted. For this latter effect, as well as for the orientation of the tasks of social crime prevention, the Federal Executive will be able to conclude coordination agreements with the governments of the federal entities.
These agreements will determine the creation and management of criminal institutions of all kinds, including those for the treatment of adult criminals, Alienated persons who have engaged in anti-social behaviour and minor offenders, specifying the participation that in each case corresponds to the Federal and Local Governments.
The agreements may be concluded between the Federal Executive and a single State, or between that and several federative entities, simultaneously, with the purpose of establishing, when so advise on the circumstances, regional systems.
It may also be agreed that prisoners sentenced for federal crimes will commit their sentences in the prisons in charge of the State Governments, where these centers are closer to their home than those of the Federal Executive, and that, at the minimum risk of the inmate, at the discretion of the Secretariat of Public Security, this is possible.
For the above effects, in the case of sentenced indigenous prisoners, the uses and customs, as well as the circumstances in which the offence was committed, shall be considered. This measure may not be granted for prisoners sentenced for one or more of the offences provided for in the Federal Law against Organised Crime and for other inmates requiring special security measures, in accordance with the provisions of the fourth paragraph of Article 6o of this order.
The daughters and children of internal ones who will remain with them will have the corresponding spaces to ensure their integral development, including the services of food, health and education, up to the age of six years when the trained staff determines it, with the opinion of the mother and considering the higher interest of the child. The Federal Executive shall comply with this provision and may conclude agreements with the Federative Entities of the Country.
In the conventions referred to in this Article, it may be agreed that those sentenced for crimes in the field of their competence extingpenalties in establishments penitentiary dependent on a different jurisdiction.
Dealing with the members of the Armed Forces will be in accordance with the Military Justice Code.
(The seventh paragraph is repealed, before sixth)
The Secretariat of Public Security shall also be responsible for the enforcement of the sanctions which, by judicial judgment, replace the prison sentence or the fine, and the treatment which the judge applies, as well as the enforcement of the measures imposed on inimputable ones, without prejudice to the intervention which the health authority must have, where appropriate and in its case.
ARTICLE 4.- For the proper functioning of the prison system, in the designation of the managerial, administrative, technical and custodial staff of the institutions of Detention shall be considered as the candidates ' vocation, aptitudes, academic preparation and personal background.
ARTICLE 5o.- The members of the prison staff are subject to the obligation to follow, prior to the assumption of their position and during the performance of the duties, training and updating courses to be established, as well as the approval of the selection and retention examinations to be carried out. To this end, the agreements will determine the participation that the service of selection and training of personnel, dependent of the Secretariat of Public Security, will have on this point.
ARTICLE 6o.- The treatment will be individualized, with input from the various sciences and disciplines relevant to the social reintegration of the subject, considered their personal circumstances, their uses and customs in the treatment of indigenous inmates, as well as the location of their domicile, so that they can commend their sentences in the prisons closest to that, the latter, with the exception of internal subjects by organised crime and by those who require special security measures.
For the best individualization of the treatment and taking into account the conditions of each medium and the budgetary possibilities, the prisoners will be classified in institutions specialised, including maximum, medium and minimum security establishments, settlements and criminal camps, psychiatric hospitals and for infectious and open institutions.
The place where the remand will be developed will be different from the one that will be used for the extinction of the sentences and will be completely separated. Women will be held in places separate from those intended for men and will have the infrastructure, information and trained staff for the care of their daughters and children who remain with them as well as for the full development of their children. activities. Minor offenders shall be admitted to institutions other than those assigned to adults, where appropriate.
In the women's seclusion centers, the necessary medical care and gynecological services will be provided and, where appropriate, specialized care during pregnancy. and after it.
In the area of organised crime, preventive detention and enforcement of penalties shall be carried out in the special centres, in the Federal District and in the States, of high security, in accordance with the respective conventions for the latter. The above may also apply to other inmates requiring special security measures, in the following cases:
I. For the purposes of the criminal proceedings in respect of which the criminal action has been exercised in accordance with Article 10, third paragraph of the Federal Code of Criminal Procedures;
II. That the inmate commits allegedly criminal behavior in the prison centers, or that there are indications that he agrees or prepares new criminal behavior from them;
III. When any inmates are at risk in their personal integrity or life from other people's eventual action;
IV. When the inmate can put other people at risk;
V. In cases where the authority considers it indispensable for internal or third party security, and
VI. When determined by the criminal clinical profile to be performed by the prison authority.
The competent authorities may restrict the communications of the accused and sentenced for organised crime with third parties, except for access to their human rights defender, and to impose special surveillance measures on those who are internal. The above may apply to other inmates who require special security measures, in terms of this Act.
For the purposes of the preceding paragraph, they shall be competent authorities:
a) During the proceedings, the judge of the cause, at the request of the Public Ministry, and
b) During the execution of the sentence, the director of the prison, with ratification after the interdisciplinary technical advice.
The person responsible for the detention center shall apply the communication restriction in the terms in which it has been ordered or ratified.
Will be causes for the restriction of communications and the imposition of special surveillance measures:
I. That the inmate impedes the criminal proceedings against him or the development of investigations by the Public Ministry; commits or attempts to commit probable criminal conduct, or there is a well-founded risk that the action of the justice, or
II. That the inmate perform or attempt to perform acts that endanger relevant goods such as life, security of special centers, or integrity of inmates, visits, and prison staff.
In the construction of new facilities for custody and enforcement of sanctions and in the removal or adaptation of existing ones, the Secretariat of Security The public will have the technical guidance functions and the approval powers of the projects referred to in the agreements, which will have to establish adequate and exclusive spaces and facilities that promote and facilitate the performance of Prison industry activities for the and the inmates.
The provisions of the preceding paragraph shall not apply to establishments whose inmates are solely related to organised crime or require special security measures, in accordance with the provisions of Article 18 of the Constitution.
You must also contemplate spaces that allow the intern to receive education and practice sports.
ARTICLE 7o.- The prison system shall be progressive and technical in nature and shall consist of at least periods of study and diagnosis and treatment, divided into stages of treatment in classification and preliberational treatment. The treatment will be based on the results of the personality studies that are practiced in the inmate, which should be updated periodically.
It will be sought to initiate the study of the personality of the intern since the latter is subject to a process, in which case a copy of that study will be given to the judicial authority of which that depends.
ARTICLE 8o.- Preliberational treatment can understand:
I.- Special information and guidance and discussion with internal and family members the personal and practical aspects of his life at liberty;
II.- Collective methods;
III.- Concession of greater freedom within the establishment;
IV.- Transfer to the open institution; and
V.- Weekend or daily exit permissions with night seclusion, or output in business days with weekend seclusion.
When applying the treatment measures set out in fractions IV and V, the authority will condition its granting to compliance with the provisions of section III and in points (a) to (d) of Article 84 of the Criminal Code for the Federal District in Materia de Fuero Común and for the entire Republic of Federal Fuero. Such measures shall not be granted where the sentenced person is in any of the cases referred to in Article 85 of the said Penal Code. The authority may revoke those measures, in accordance with Article 86 of the said Criminal Code.
For the application of the preliberatory treatments to which indigenous men and women are entitled, the authorities shall consider the uses and customs of those.
ARTICLE 9o.- An interdisciplinary Technical Council will be created in each secluorium, with consultative functions necessary for the individual application of the progressive system, the implementation of pre-release measures, the granting of the partial remission of the penalty and of the preparatory freedom and the application of the withholding tax. The Council may also suggest to the executive authority of the reclorium measures of general scope for good progress.
The Board, chaired by the Director of the establishment, or the official who replaces him in his/her faults, shall be integrated with the senior members of the management staff, administrative, technical and custodial, and in any case they will be part of a physician and a master teacher. Where there is no physician or teacher attached to the inmate, the Council shall be composed of the Director of the Health Center and the Director of the federal or state school of the locality and in the absence of these officials, with whom the Executive of the Office of the State.
ARTICLE 10.- The assignment of the inmates to the work will be done taking into account the desires, the vocation, the aptitudes, in the case of internal ones, if any, the state of pregnancy, the job training for the work in freedom and the treatment of those, as well as the possibilities of the inmate. The work in the prisons will be organized prior to the study of the characteristics of the local economy, especially of the official market, in order to favor the correspondence between the demands of this and the penitentiary production, with a view to the economic self-sufficiency of the establishment To this end, a work and production plan shall be drawn up to be submitted for approval by the Government of the State and, in the terms of the respective agreement, of the Secretariat of Public Security.
[The prisoners will pay their support in the prison in charge of the perception they have as a result of their work. Such payment shall be made on the basis of discounts corresponding to an appropriate proportion of the remuneration, which shall be uniform for all the inmates of the same establishment. The rest of the product of the work will be distributed as follows: thirty percent for the payment of the repair of the damage, thirty percent for the maintenance of the economic dependents of the inmate, thirty percent for the constitution of the savings fund of this, and ten percent for the lower costs of the inmate. If there is no conviction to repair the damage or the damage has already been covered, or if the persons dependent on the damage are not in need, the respective quotas shall be applied equally for the purposes indicated, with the exception of the latter term.]
No internal authority may perform any authority or exercise within the establishment of employment or office, except in the case of institutions based, for treatment purposes, in the self-governing regime.
ARTICLE 11.- Education that is delivered to the inmates will not only be academic, but also civic, social, hygienic, artistic, physical and ethical. It will be, in any case, guided by the techniques of corrective pedagogy and will be carried out, preferably, by specialized teachers.
Dealing with indigenous inmates, the education that will be given to them will be bilingual, to preserve and enrich their languages, and the instruction must be provided by bilingual teachers.
The children of women in detention, if they remain within the institution, will receive pediatric care, initial and preschool education up to the age of 6. years.
ARTICLE 12.- In the course of treatment, the establishment, conservation and strengthening of internal relations with suitable persons will be encouraged. from outside. For this purpose, the development of the Prison Social Service will be sought in each seclusion center, with the purpose of assisting the inmates in their authorized contacts with the outside.
The intimate visit, which primarily aims to maintain the marital relations of the internal in a healthy and moral way, will not be granted discretionally, but prior studies social and medical, through which the existence of situations that make inadvisable the intimate contact is discarded.
ARTICLE 13.- In the inmate's rules of procedure, the offences and disciplinary corrections, as well as the merits and the facts, shall be stated clearly and strictly. the stimulus measures. Only the Director of the inmate may impose the corrections provided for by the Regulation, following a summary procedure in which the internal fault and the responsibility of the inmate are checked and the latter is heard in his defence. The internal may be inconformed with the correction applied, using the superior hierarchical of the Director of the establishment.
Each inmate will be given an instructional, in which his rights, duties and the general regime of life in the institution will be detailed. In the case of indigenous prisoners, the instructor will be translated into their language.
The inmates have the right to be received in a hearing by the officials of the prison, to transmit complaints and requests, peaceful and respectful, to foreign authorities, and to to personally expose them to the officials who carry out the visit of prisons on an official basis.
Any punishment consisting of torture or cruel treatment is prohibited, with unnecessary use of violence to the detriment of the inmate, as well as the existence of the so-called pavilions or sectors of distinction, to which the internal market is to be used according to its economic capacity, by means of payment of a certain fee or pension.
ARTICLE 14.- The development of all other treatment measures compatible with the regime established in these Rules, with the provisions of the Law and the conventions and with the circumstances of the locality and of the inmates.
ARTICLE 14 Bis.- Special surveillance measures may consist of:
I. Installation of surveillance cameras in dormitories, modules, locums, levels, sections, and stays;
II. Move to special modules for observation;
III. Change of bedroom, module, level, section, stay and bed;
IV. Uninterruptible monitoring of modules and locums;
V. Permanent monitoring of all facilities of the Prison Centre;
VI. The temporary isolation;
VII. The move to another seclusion center;
VIII. Application of special treatments to be determined by the prison authority with strict adherence to applicable legal provisions;
IX. Suspension of stimuli;
X. The communication ban via the Internet, and
XI. The others who establish the applicable legal provisions.
Without prejudice to the foregoing, the prison authority determined by the Regulation may at any time decree a state of alert or, where appropriate, a maximum alert where there is a risk or imminent threat that would endanger the security of the Federal Centre, the prison population, its staff or the visits.
ARTICLE 14 Ter.- Each prison facility will have equipment that will allow the blocking or cancellation of cellular phone signals. radio communication, or transmission of data or image within the perimeter of social rehabilitation centres or penitentiary establishments.
Such equipment will be operated by authorities other than penitentiary establishments in remote centers, will have automatic systems to send alarm signals to any interruption in their functionality and will be monitored by the National Public Safety System, with the collaboration of the public telecommunications network dealers.
The blocking of signals referred to in this article shall be made on all frequency bands used for reception on the terminal equipment of the communication and in no case shall exceed twenty metres outside the facilities of the centres or establishments in order to ensure the continuity and security of the services to external users.
Assistance to Liberates
ARTICLE 15.- The creation of a Patronato for Liberados, which will be responsible for providing moral and material assistance to the prisoners, will be promoted in each federal entity. for compliance with conviction such as for procedural freedom, acquittal, conditional conviction or high school freedom.
Patronato's assistance will be mandatory in favor of free preparations and persons subject to conditional conviction.
The Board of Trustees of the relief agency will be composed of government representatives and the employers 'and workers' sectors of the town, both Industrial and business as peasants, as the case may be. In addition, representation of the Bar Association and the local press will be provided.
For the fulfillment of its purposes, the Board of Trustees will have agencies in the Judicial Districts and in the municipalities of the entity.
The Patronates will provide assistance to those freed from other federal entities established in the one where the Board of Trustees is based. Coordination links will be established between the Patronates, which will be grouped together in the Society of Patronates for Liberates, created by the Secretariat of Public Security and subject to administrative and administrative control. technical of this.
Partial Penalty Remission
ARTICLE 16.- For every two days of work, a referral will be made to one prison, provided that the inmate observes good conduct, regularly participates in educational activities that are organized in the establishment and reveal by other data effective social rehabilitation. The latter will, in any case, be the determining factor for the granting or refusal of the partial remission of the penalty, which may not be based exclusively on working days, participation in educational activities and good behaviour. of the sentenced.
Referral will work independently of high school freedom. For this purpose, the calculation of time limits shall be made in the order that benefits the inmate. The Executive shall regulate the system of computes for the application of this precept, which shall in no case be subject to regulatory standards of the establishments of seclusion or to the provisions of the authorities in charge of custody and of the social rehabilitation.
The granting of the remission shall be conditional, in addition to the provisions of the first paragraph of this article, on the reo's repair of the damage caused or to guarantee its repair, subject to the form, measures, and terms that are set for that object, if you cannot cover it.
When the reference is made, the authority which grants it shall lay down the conditions to be observed by the inmate, in accordance with the provisions of points (a) to (d) of the second part of the Article 84 of the Criminal Code.
The authority when granting the partial remission of the penalty, shall establish the conditions to be met by the sentenced person, in accordance with the provisions of the section III and the (a) to (d) of Article 84 of the Criminal Code for the Federal District in the Matter of the Common Fuero and for the entire Republic of Federal Fuero. The partial remission of the penalty shall not be granted to those sentenced in any of the cases referred to in Article 85 of the said Criminal Code.
The authority may revoke the partial remission of the penalty, in accordance with the provisions of Article 86 of the Criminal Code for the Federal District in the Matter of Common for the entire Republic in the Matter of Federal Fuero.
ARTICLE 17.- In the agreements signed by the Federal Executive and the governments of the States, the regulatory bases of these rules will be established, which must govern the federative. The Local Executive shall issue, where appropriate, the respective regulations.
The Secretariat of Public Security will promote to local executives the initiation of legal reforms conducive to the implementation of these rules, especially as regards the partial remission of the custodial sentence and the forced assistance to be conditionally released or to persons subject to a conditional execution. It will also advocate legislative uniformity in the institutions of criminal prevention and enforcement.
ARTICLE 18.- The present Rules apply to the processed, in the conductive.
The administrative authority in charge of the prisons shall in no case be able to provide interim relief measures. At this point, it will be exclusively for the judicial authority to which the defendant is subject, in the terms of the legal precepts applicable to the remand and the provisional freedom.
ARTICLE FIRST.- All provisions that are opposed to this Decree are repealed.
ARTICLE SECOND.- The validity of these rules in the States of the Republic shall be determined in the conventions to be concluded by the Federation and those States.
ARTICLE THIRD.- The preemptions on preliberational treatment contained in Article 8, and on remission of the penalty, contained in Article 16, will be valid only after the installation of the corresponding Technical Councils. In any event, the time taken shall be taken into account for the purposes of the referral only as from the date on which those prevention measures enter into force.
ARTICLE FOURTH.- The Department of Social Prevention under the Secretariat of the Interior, hereinafter referred to as the Directorate General of Coordinated Services of Prevention and Social Readaptation. In order to assume the new functions of this body, the Secretariat of Government shall adopt the relevant administrative measures.
ARTICLE QUINTO.- This Decree shall enter into force thirty days after its publication in the "Official Journal" of the Federation.
Mexico, D. F., at 4 February 1971.- Arnulfo Villasenor Saavedra, D. P.- Raúl Lozano Ramírez, S. P.- Cuauhtemoc Santa Ana, D. S.- Florencio Salazar Martínez, S. S.-Rubicas ".
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, eight days in the month of February of a thousand nine hundred and seventy-one.- Luis Echeverría Alvarez.-Heading.-The Secretary of the Interior, Mario Moya Palencia.-Heading.-The Head of the Federal District Department, Alfonso Martinez Dominguez.-Heading.