DON JUAN CARLOS I, KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved with the character of Organic and I come to sanction the following Law:

PRELIMINARY TITLE

Article first

The penal institutions governed by this Law are primarily aimed at reeducation and the social reintegration of those sentenced to custodial sentences and penal measures, as well as the detention and custody of prisoners. detainees, prisoners and penados.

They are also in charge of care and help for inmates and released.

Article second

Prison activity will be developed with guarantees and within the limits established by law, regulations and court rulings.

Third Article

Penitentiary activity shall be exercised in accordance with, in any case, the human personality of the prisoners and the rights and legal interests of the persons not affected by the sentence, without any difference being established by reason of race, political views, religious beliefs, social status or any other circumstances of similar nature.

Accordingly:

One. Inmates may exercise civil, political, social, economic and cultural rights, without exclusion from the right to vote, unless they are incompatible with the purpose of their detention or the enforcement of the sentence.

Two. The necessary measures shall be taken to ensure that the inmates and their family members retain their rights to the benefits of social security acquired before the entry into prison.

Three. In no case shall the inmates be prevented from continuing the procedures they have pending at the time of their imprisonment and may initiate further action.

Four. The prison administration will ensure the lives, integrity and health of the inmates.

Five. The inmate has the right to be appointed by his own name.

Article 4

One. The inmates must:

(a) Remain in the establishment at the disposal of the authority which has decreed their detention or to comply with the sentences imposed on them, until the time of their release.

(b) to comply with the rules of the internal system, regulating the life of the establishment, in compliance with the disciplinary sanctions imposed in the case of infringement of those rules, and in accordance with the provisions of the Article 40 and four.

c) Maintain a normal attitude of respect and consideration with officials of prison institutions and judicial or other law enforcement authorities, both within and outside the prison facilities transfer, conduct or practice of proceedings.

d) Observe proper conduct with your internment partners.

Two. Efforts shall be made to encourage the collaboration of inmates in prison treatment in accordance with the techniques and methods prescribed for them according to the individual diagnosis.

Article 5

The preventive detention regime is intended to retain the internal system at the disposal of the judicial authority. The principle of the presumption of innocence will preside over the preventive prison regime.

Article 6

No internal will be subjected to word or work maltreatment.

TITLE I

Of the material establishments and media

Item Seventh

Prison establishments will understand:

a) Preventive settings.

b) Penalties compliance settings.

c) Special settings.

Item Eighth

One. Preventive establishments are centres for the detention and custody of detainees and prisoners. Penalties and custodial criminal measures may also be enforced where the pending effective detention does not exceed six months.

Two. More than one establishment of this nature may exist in each province.

Three. Where there are no preventive establishments for women and young people, they shall occupy those of the male departments which constitute units with absolute separation and with their own organisation and regime.

Article ninth

One. Compliance establishments are centres for the execution of custodial sentences. They shall be organised separately for men and women and shall be of two types: ordinary and open.

Two. Young people must meet separately from adults in different establishments or, in any case, in separate departments. For the purposes of this Law, it is understood by young people of one sex or another who have not been twenty-one years old. Exceptionally, and taking into account the personality of the inmate, they may remain in centres for young people who, having been twenty-one years old, have not reached twenty-five.

Article ten

One. By way of derogation from the number one of the preceding Article, there shall be closed-rate compliance establishments or special departments for the qualified pensates of extreme danger or for cases of non-compliance with the arrangements Ordinary and open, appreciated for objective reasons in a reasoned resolution, unless the study of the personality of the subject denote the presence of anomalies or deficiencies that must determine their destiny to the special center concerned.

Two. They may also be assigned to such establishments or special departments with the exception and absolute separation of the penalties, giving the judicial authority concerned, those preventive inmates in which the circumstances expressed in the preceding number, it being understood that the non-adaptation refers to the own regime of the preventive establishments.

Three. The arrangements for these centres will be characterised by a limitation of the common activities of the inmates and by greater control and supervision over the internal ones in the form that is regulated.

The permanence of the inmates destined for these centers will be for the time necessary until they disappear or diminish the reasons or circumstances that determined their income.

Item eleven

Special establishments are those where the care character prevails and they will be of the following types:

a) Hospital Centers.

b) Psychiatric centers.

c) Social rehabilitation centres for the execution of criminal measures, in accordance with the legislation in force in this area.

Article twelve

One. The location of the establishments shall be fixed by the penitentiary administration within the territorial areas designated. In any case, it will be ensured that each one has the sufficient number of those to satisfy the prison needs and avoid the social uprooting of the penados.

Two. Penitentiary establishments must not accommodate more than three hundred and fifty inmates per unit.

Article thirteen

The prison facilities will have to count in all their dependencies with suitable services of individual bedrooms, nursing, schools, libraries, sports and recreational facilities, workshops, patios, hairdressing, kitchen, dining room, individualised locus, information department outside, living rooms of family relations and, in general, all those who allow to develop in them a life of organized collectivity and an adequate classification of the inmates, in relation to the purposes that in each case they are attributed.

Article fourteen

The prison administration shall ensure that the establishments are equipped with the necessary material and personal means to ensure the maintenance, development and fulfillment of their purposes.

TITLE II

From the prison regime

CHAPTER I

General Organization

Article fifteen

One. The entry of a detainee, prisoner or penalty, in any of the penitentiary establishments shall be made by means of a command or order of the competent authority, except in the case of voluntary submission, which shall be immediately communicated to the judicial authority, who will decide what is appropriate, and in the case of states of alarm, exception or site where the relevant special laws will be available.

Two. Each inmate shall be opened with a personal file relating to his or her procedural and penitentiary situation, which shall have the right to be informed, and for each penalty a personality protocol shall be formed.

Article sixteen

Whatever the centre in which the entry takes place, a complete separation shall be carried out immediately, taking into account the sex, emotionality, age, background, physical and mental state and, in respect of the penados, the requirements of treatment.

Accordingly:

(a) Men and women shall be separated, except in the exceptional circumstances which are determined to be determined.

(b) The detainees and prisoners shall be separated from the convicts and, in both cases, the primary offenders.

(c) Young people, whether detained, imprisoned or punished, shall be separated from adults under conditions to be determined by regulation.

(d) Those who present illness or physical or mental deficiencies shall be separated from those who can follow the normal regime of the establishment.

e) Detainees and prisoners for intentional crimes will be separated from those who are for imprudence.

Article seventeen

One. The freedom of detainees, prisoners or prisoners may only be agreed by the competent authority.

Two. The detainees shall be released by the Director of the establishment if, after the seventy-two hours following the entry, no order or order has been received.

Three. The release of the sentenced persons shall require the approval of the final release by the Court of Auditors or the proposal of probation by the Judge of Surveillance.

Four. At the time of the release the balance of his/her account, the values and effects deposited in his/her name, as well as a certification of the time he was deprived of freedom and professional qualification obtained during the release, will be delivered to the released. their seclusion

If you have no financial means, you will be provided with the necessary to reach your residence and come up with your first expenses.

Article eighteen

The transfers of detainees, prisoners and prisoners will be carried out in such a way as to respect the dignity and rights of the inmates and the safety of the driving.

Article nineteen.

One. All inmates will be housed in individual cells. In the event of temporary accommodation or the indication of the doctor or the observation and treatment equipment, collective dependencies may be used. In these cases, the inmates will be properly selected.

Two. Both the premises intended for the night accommodation of the prisoners and those in which the common life is developed must satisfy the needs of the hygiene and be conditioned in such a way that the volume of space, ventilation, water, lighting and heating is in line with the climatic conditions of the locality.

Three. For hygiene reasons, careful personal grooming will be required. To this end, the administration shall provide the internal services and daily toiletries for free to the inmates.

Article twenty

One. The internal body has the right to wear its own garments, provided that they are appropriate or to be eligible for the establishment, which must be correct, adapted to the climatic conditions and devoid of any element that may affect to the dignity of the inmate.

Two. In the case of exit from abroad, clothes must be dressed which do not denote their status as prisoners. If they lack the right ones, the necessary ones will be sought.

Item twenty-one

One. All inmates will have the necessary clothes for their bed and furniture suitable for storing their belongings.

Two. The Administration will provide the inmates with a doctor-controlled diet, suitably prepared and which responds in quantity and quality to the dietary and hygiene standards, taking into account their state of health, the nature of the and, as far as possible, their philosophical and religious convictions. The inmates will have, under normal circumstances, drinking water at all times.

Article twenty-two

One. Where the Regulation does not authorize the internal to keep in its possession money, clothes, valuables or other items belonging to it, they shall be kept in safe place, prior to the corresponding safeguard, or sent to persons authorized by the inmate for receive them.

Two. The Director, at the request of the physician, may order, for reasons of hygiene, the inutilization of the contaminated clothes and effects of the inmates.

Three. The Director, at the request of the intern or of the Doctor, and in accordance with the latter in any case, shall decide on the fate of the medicinal products in his possession which are internal at the time of entry into the establishment or receive from abroad, which can be maintained for your administration and which should be deposited in the nursing facility, attended to the needs of the patient and the safety requirements. If the inmates are involved in drugs, the provisions of the legal provisions will be complied with.

Article twenty-three

Records and searches on the persons of the inmates, their belongings and premises that occupy, the counts, as well as the requisitions of the premises of the establishment, shall be carried out in the cases with the guarantees and periodicity that the dignity of the person is determined and within the respect of the dignity of the person.

Article twenty-four

It will be established and stimulated, in the form that is regulated, systems of participation of the inmates in activities or responsibilities of educational, recreational, religious, labor, cultural or sports. In the development of the food and clothing services, the participation of the inmates will also be sought.

The internal market will be allowed to purchase on its own account of food and consumption products within the limits of the regulations. The sale of these products will be managed directly by the prison administration or by concessionary companies. Prices shall be checked by the competent authority and may in no case be higher than those in the place where the establishment is located. The inmates will also participate in the quality control and prices of the products sold in the center.

Article 25

One. In all prison facilities, a schedule will be in place, which will be punctually fulfilled.

Two. The time will be distributed in such a way as to guarantee eight hours a day for the night rest and the spiritual and physical needs, the treatment sessions and the educational and cultural activities of the internal.

CHAPTER II

Job

Article twenty-six

Work will be regarded as a right and a duty of the internal, being a fundamental element of treatment.

Your conditions will be:

a) It shall not be of a afflictive character and shall not be applied as a measure of correction.

b) It will not tie the dignity of the inmate.

c) It will have a formative, creative or conservative character of labor, productive or therapeutic habits, in order to prepare the inmates for the normal conditions of free labor.

d) Be organised and planned, in the light of skills and professional qualifications, in such a way as to meet the employment aspirations of the prisoners as soon as they are compatible with the organisation and safety of the establishment.

e) It will be facilitated by the administration.

f) You will enjoy the protection afforded by the legislation in force in the field of Social Security.

g) Not subject to the achievement of economic interests by the Administration.

Article twenty-seven

One. The work performed by the inmates, inside or outside the establishments, shall be understood in any of the following ways:

(a) Vocational training, to which the administration will give priority.

b) Those dedicated to academic study and training.

(c) The production of labor status or by cooperative or similar formulas in accordance with current legislation.

d) Occupations that are part of a treatment.

e) Personal benefits in common ancillary services of the establishment.

f) Craft, intellectual and artistic.

Two. Any directly productive work carried out by the inmates will be remunerated and will be developed under the conditions of safety and hygiene laid down in the legislation in force.

Article twenty-eight

The work will be compatible with the treatment sessions and with the teaching needs at the required levels. To this end, the Administration shall adopt the measures that are regulated to ensure the satisfaction of those purposes and ensure the effectiveness of the outcome.

Article twenty-nine

One. All penados will have an obligation to work according to their physical and mental skills.

Except for this obligation, without prejudice to the enjoyment of the prison benefits, if any:

(a) Medical treatment for causes of accident or disease until they are discharged.

(b) Those who suffer permanent incapacity for all kinds of work.

c) Over sixty-five years.

d) The recipients of retirement benefits.

e) Pregnant women during the six weeks prior to the scheduled delivery date, and the eight after delivery.

f) Inmates who cannot work for force majeure.

Two. Those who are subject to preventive detention may work in accordance with their skills and inclinations. The administration of the establishment shall provide them with the means of occupation available to them, allowing the inmates to procure themselves at their expense, provided that they are compatible with the procedural guarantees and the security and good order of the person. Those who voluntarily carry out any of the work expressed in Article 27 shall do so under the conditions and with the effects and benefits provided for in this Law. All inmates must contribute to the good order, cleanliness and hygiene of the establishment, and the work organized for these purposes is regulated.

Article thirty

The goods, products or services obtained by the work of the inmates will have equal conditions, preferential character in the awards of supplies and works of the public administrations.

Article thirty-one

One. The management and control of the activities carried out under the work arrangements within the establishments shall be the responsibility of the prison administration.

Two. The Administration will encourage the participation of the inmates in the organization and planning of the work.

Article thirty-two

The inmates may be part of the Rector Board and the Management or Management of the cooperatives that are constituted. The Administration will acquire the quality of its partner, contributing to the achievement of the corresponding social object in accordance with the current legislation.

Article thirty-three

One. The Administration shall organise and plan the work of a productive nature under the following conditions:

a) Provide sufficient work to occupy the inmates on working days, ensuring weekly rest.

(b) The working day shall not exceed the legal maximum and shall ensure that the working hours allow sufficient time for the application of the means of treatment.

(c) It shall ensure that the remuneration is in accordance with performance, professional category and class of activity performed.

d) Take care that the inmates contribute to the maintenance of their family burdens and the fulfillment of their remaining obligations, providing the inmate of the excess quantity in the conditions that are established regulentarily.

Two. The remuneration of the work of the inmates shall only be repayable under the conditions and with the requirements laid down for the salary of the free worker.

Article thirty-four

The inmates, as employees or cooperative partners, will individually assume the defense of their labor rights and interests or cooperative, which they will exercise before the competent bodies and courts. claim or conciliation on administrative basis and in the form that is regulated by law.

Article thirty-five

Those who have been released into the employment office within 15 days of their release and have not received an adequate offer of employment shall be entitled to unemployment benefit under the conditions laid down in the rules are set out.

CHAPTER III

Healthcare

Article thirty-six

One. At each centre there shall be at least one general practitioner with psychiatric knowledge who is responsible for taking care of the physical and mental health of the inmates and for monitoring the hygiene and health conditions in the establishment, which may, where appropriate, be request the collaboration of specialists. There will also be at least one Health Technical Assistant and the services of an Odontologo Doctor and appropriate auxiliary staff will be available.

Two. In addition to the medical services of the establishments, the inmates may be assisted in the hospital and care institutions of a penitentiary and, in case of need or urgency, in other hospitals.

Three. The inmates may request the medical services of professionals from outside the prison institutions at their expense, except when security reasons advise limiting this right.

Article thirty-seven

For the provision of healthcare all establishments will be equipped:

(a) From a nursing facility, which will have a sufficient number of beds, and will be provided with clinical material, adequate instruments and basic pharmaceutical products for emergency cures and dental interventions.

b) A dependency on psychiatric observation and the attention of drug addicts.

c) A unit for contagious patients.

Article thirty-eight

One. In the women's establishments or departments there will be a dependence on the obstetrics material needed for the treatment of pregnant women and those who have just given birth and are recovering, as well as for care for those deliveries whose urgency does not allow them to be performed in civilian hospitals.

Two. There may also be a local child care and preschool education facility so that the children may have children in their company who have not reached the age of compulsory schooling.

Three. In the women's establishments, the necessary items of normal use for intimate hygiene shall be provided to the internal ones.

Article thirty-nine

Psychiatric diagnoses affecting the penitentiary situation of the inmates must be performed by a technical team, consisting of a psychiatric specialist, a medical examiner and the establishment, accompanied by in any case report of the observation or treatment team.

Article forty

Medical and health care will be ensured by the initial recognition of those admitted and the successive ones that are regulated.

CHAPTER IV

Disciplinary regime

Article forty-one

One. The disciplinary regime of the establishments will be directed to ensure safety and to achieve an orderly coexistence.

Two. No internal shall perform any service involving the exercise of disciplinary powers.

Article forty-two

One. The inmates will not be disciplined in discipline but in the cases established in the Regulation and with the penalties expressly provided for in this Law.

Disciplinary violations will be classified into very serious, severe and minor faults.

Two. No other sanctions may be imposed than:

a) Cell isolation, which may not exceed fourteen days.

b) Isolation of up to seven weekends.

c) Privatisation of exit permits for a time that cannot be longer than two months.

d) Limitation of oral communications to the minimum of time provided for in regulation, for a maximum of one month.

e) Privatization of common rides and recreational acts, as soon as it is compatible with physical and mental health, up to a maximum of one month.

f) Monstation.

Three. In cases of repetition of the infringement, the penalties may be increased by half of their maximum.

Four. The sentence of isolation in a cell shall only apply in cases where there is evident aggression or violence by the inmate. Or when it is repeatedly and seriously alter the normal co-existence in the center. In any case, the cell in which the penalty is complied with must be similar to those of the establishment.

Five. The guilty of two or more faults shall be imposed on all of them for simultaneous compliance if possible, and, not if possible, shall be fulfilled by order of their respective gravity, but the maximum of their compliance shall not be not more than three times the time corresponding to the most serious time, not more than forty-two consecutive days in case of cell isolation.

Six. Penalties may be reduced by a decision of the relevant collegiate body or on a proposal from the technical team, and, where it is noted that there was an error in the application of a corrective, a qualification, or, where appropriate, of lifting, shall be made. immediately the punishment.

Article forty-three

One. The isolation sanction will be met with a report from the establishment's doctor, who will monitor the inmate daily while remaining in that situation, informing the director about his state of physical and mental health and, if necessary, about the need to suspend or modify the sanction imposed.

Two. In cases of illness of the sanction, and whenever the circumstances advise, the effectiveness of the sanction that consists of interment in isolation cell, until the internal one is discharged or the corresponding organ, will be suspended As appropriate, respectively.

Three. This sanction will not apply to pregnant women and women up to six months after termination of pregnancy, to nursing mothers and to those who have children with them.

Four. The isolation shall be carried out in the compartment normally occupied by the inmate, and in cases where he shares it with others or for his own safety or the good order of the establishment, he shall pass on to an individual of such measures and conditions.

Article forty-four

One. Disciplinary sanctions shall be imposed by the relevant collegiate body, the organisation and composition of which shall be determined in the Regulation.

Two. No inmates will be punished without being previously informed of the offence attributed to them and without being allowed to present their defence, verbal or written.

Three. The interposition of appeal against sanctioning decisions shall suspend the effectiveness of the sanction, except where the correction cannot be delayed because it is an act of serious indiscipline. Appeals against resolutions imposing the sentence of isolation in a cell shall be urgent and preferential processing.

Article forty-five

One. Only those coercive means which are regulated in the following cases may be used with the authorisation of the Director:

a) To prevent acts of evasion or violence from inmates.

b) To prevent damage from internal to themselves, to other people or things.

c) To overcome the active or passive resistance of the inmates to the orders of the prison staff in the exercise of their duties.

Two. Where, in the light of the urgency of the situation, it is necessary to make use of such means, the Director shall be notified immediately, which shall bring him to the attention of the Judge of Surveillance.

Three. The use of coercive measures shall be aimed exclusively at the restoration of normality and shall only remain strictly necessary.

Four. In the performance of their surveillance functions, officials from prison institutions shall not be able to use firearms.

CHAPTER V

Rewards

Article forty-six

Acts that highlight good behavior, a spirit of work and a sense of responsibility in personal behavior and organized activities of the establishment will be stimulated through a system of reward Regulation-specific.

CHAPTER VI

Output Permissions

Article forty-seven

One. In case of death or serious illness of the parents, spouse, children, siblings and other persons intimately linked with the inmates, birth of the wife, as well as important and proven reasons, with the safety measures appropriate, exit permits shall be granted, unless exceptional circumstances are present.

Two. Leave of absence may also be granted for up to seven days in preparation for the life of the person, subject to a report from the technical team, up to a total of thirty-six or forty-eight days a year for second and third-degree convicts, respectively, provided that they have extinguished the fourth part of the conviction and do not observe misconduct.

Article forty-eight

The permits referred to in the previous article may also be granted to preventive inmates with the approval, in each case, of the relevant judicial authority.

CHAPTER VII

Information, complaints, and resources

Article forty-nine

The inmates will receive written information about the establishment's regime, their rights and duties, the disciplinary rules and the means to make petitions, complaints or appeals. For those who cannot understand the information by the indicated procedure, they will be provided by another appropriate means.

Article fifty

One. Inmates have the right to make requests and complaints concerning their treatment or the establishment of the establishment before the Director or person representing him, in order to take appropriate action or, where appropriate, to bring them to the authorities. or Competent Bodies. If they are made in writing, they may be presented in closed documents, which shall be delivered on receipt.

Two. If the inmates intervene in any of the resources provided for in this Law, they shall also submit them to the Director of the establishment, who shall bring them to the judicial authority, giving a sealed copy thereof to the appellant.

CHAPTER VIII

Communications and visits

Article fifty-one

One. The inmates authorized to communicate periodically, orally and in writing, in their own language, with their family, friends and accredited representatives of institutions and institutions of penal cooperation, except in cases of incommunicado judicial.

These communications will be held in such a way as to ensure that privacy is fully respected and that there will be no further restrictions on individuals and on the way, which are imposed for reasons of safety, treatment interest and good order of establishment.

Two. The communications of the inmates with the Advocate Advocate or with the Advocate expressly referred to in relation to criminal matters and with the Attorneys who represent it, shall be held in appropriate departments and shall not be suspended or (

) the law of the Court of Justice of the European Union;

Three. In the same departments, the inmates may be authorized to communicate with accredited professionals regarding their activity, with the social workers and with priests or ministers of their religion, whose presence has been claimed previously. Such communications may be intervened in the form that is regulated.

Four. The communications provided for in this Article may be made by telephone in the cases and with the guarantees to be determined in the Regulation.

Five. The oral and written communications provided for in this Article may be suspended or brought to the attention of the Director of the establishment, giving an account to the competent judicial authority.

Article fifty-two

One. In cases of death, illness or serious accident of the inmate, the Director shall inform the nearest family member or the person designated by him.

Two. The inmate shall also be informed of the death or serious illness of a close relative or of a person intimately linked to him.

Three. All inmates have the right to immediately communicate to their family and lawyer their detention, as well as to communicate their transfer to another establishment at the time of entry.

Article fifty-three

The establishments will have local facilities especially suitable for family visits or close associates of those inmates who cannot obtain leave of departure.

These visits shall be granted subject to the provisions of Article 51, second paragraph, number 1, and in cases, with the requirements and periodicity to be determined.

CHAPTER IX

Religious assistance

Article fifty-four

The Administration shall ensure the religious freedom of the inmates and facilitate the means for such freedom to be exercised.

CHAPTER X

Instruction and Education

Article fifty-five

One. In each establishment there will be a school in which the instruction of the inmates, and especially the illiterate and the young, will be developed.

Two. The lessons to be taught in the establishments will be adjusted as far as possible to the existing legislation in the field of education and vocational training.

Three. The prison administration will encourage the interest of the inmates in the study and will provide maximum facilities so that those who cannot follow the courses abroad do so by correspondence, radio or television.

Article fifty-six

The Administration will organize the activities, educational, cultural and professional according to the official system, so that the inmates can reach the corresponding degrees, to whose end they will be entitled to communicate with their teachers to the sole purpose of carrying out the relevant examinations.

Article fifty-seven

In each establishment there will be a library provided with books suitable for the cultural and professional needs of the inmates, who will also be able to use the books provided by the service of street libraries established by the Administration or private entities for the same purpose.

Article fifty-eight

The inmates have the right to have books, newspapers and magazines of free circulation abroad, with the limitations that, in specific cases, advise the requirements of the individualized treatment, after resolution the reasons for the establishment's observation and treatment equipment. They shall also be informed by radio, television and other similar auditions.

TITLE III

From Treatment

Article fifty-nine

One. The prison treatment consists of the set of activities directly aimed at the attainment of the reeducation and social reinsertion of the penados.

Two. The treatment is intended to make the internal person with the intention and the ability to live in compliance with the penal law, as well as to meet his needs. To this end, it shall be sought, as far as possible, to develop in them an attitude of self-respect and individual and social responsibility with respect to their family, their neighbor and society in general.

Article sixty

One. The services responsible for the treatment shall endeavour to know and deal with all the personality and environmental characteristics of the penalty which may be an obstacle to the purposes set out in the previous article.

Two. To this end, all methods of treatment and means must be used, as far as possible, which, while respecting the constitutional rights not affected by the sentence, may facilitate the attainment of those purposes.

Article sixty-one

One. The intern will be encouraged to participate in the planning and execution of their treatment and will collaborate to, in the future, be able to lead, with social conscience, a life without crimes.

Two. The interest and collaboration of the inmates in their own treatment will be stimulated as soon as possible. The satisfaction of your personal interests will be taken into account to the extent compatible with the purposes of the same.

Article sixty-two

The treatment will be inspired by the following principles:

(a) It shall be based on the scientific study of the constitution, temperament, character, aptitudes and attitudes of the subject to be dealt with, as well as its dynamic-motivational system and the evolutionary aspect of its personality, conducive to a global prosecution of the same, which will be collected in the internal protocol.

b) Will be directly related to a diagnosis of a criminal personality and with an initial prognostic judgment, which shall be issued on the basis of a weighted consideration of the overall prosecution referred to in paragraph above, as well as the summary of their criminal activity and all environmental data, whether individual, family or social, of the subject.

c) It will be individualized, consisting in the variable use of medical-biological, psychiatric, psychological, pedagogical and social methods, in relation to the personality of the internal.

d) In general it will be complex, requiring the integration of several of the above methods in a joint direction and within the framework of the appropriate regime.

e) It will be programmed, with the general plan to be followed in its execution, the greater or lesser intensity in the application of each method of treatment and the distribution of the concrete members of the same among the diverse specialists and educators.

f) It will be continuous and dynamic character, dependent on the incidences in the evolution of the personality of the inmate during the fulfillment of the condemnation.

Article sixty-three

For the individualisation of treatment, after proper observation of each penalty, its classification shall be made, with the establishment of the establishment whose regime is more appropriate to the treatment which has been pointed out to it, and, where appropriate, to the most suitable group or section within that group. The classification must take into account not only the personality and the individual, family, social and criminal history of the inmate, but also the duration of the penalty and penal measures in his case, the means to which he will probably return and the resources, facilities and difficulties in each case and time for successful treatment success.

Article sixty-four

One. The observation of the preventive measures will be limited to gathering as much information as possible on each one of them through documentary and interview data, and by direct observation of the behavior, establishing on these bases the separation or internal classification into groups referred to in Article 16, and all this as soon as it is compatible with the presumption of innocence.

Two. Once a conviction has been passed, the above information will be completed with a scientific study of the personality of the observed person, making based on these studies and information a determination of the criminological type, a diagnosis of Criminal and social adaptability capacity and the reasoned proposal for a degree of treatment and destination at the appropriate rate of establishment.

Article sixty-five

One. The evolution in the treatment will determine a new classification of the internal, with the consequent proposal of transfer to the establishment of the corresponding regime, or, within it, the pass from one section to another of different regime.

Two. The progression in treatment will depend on the modification of those sectors or personality traits directly related to the criminal activity; it will manifest in the overall conduct of the internal and will involve an increase of the trust placed in it and the attribution of increasingly important responsibilities that will involve greater freedom.

Three. Grade regression shall proceed when an unfavourable evolution of his personality is observed in the internal treatment, in relation to the treatment.

Four. Every six months at most, the inmates must be individually studied to reconsider their previous classification, taking the appropriate decision, which must be notified to the person concerned.

When the same team reiterates the first grade rating for the second time, the internal team will be able to request that its next classification proposal be made at the observation center. The same right will be for you when, finding yourself in the second degree and attending the same circumstance, you have reached half the fulfillment of the sentence

Article sixty-six

One. For certain groups of inmates, whose treatment requires it, programs based on the principle of therapeutic community may be organized in the appropriate centers.

Two. Special attention will be given to the organisation in the establishments of compliance with the number of sessions of psychopedagogical counselling and group psychotherapy which are judged to be appropriate given the programming of the treatment and the criteria of selection used in these methods as well as the performance of behavioral therapy and procedures designed to modify the system of internal attitudes when they are unfavorable or negative, all with absolute respect to the personality of the same.

Three. The treatment programme will also include the training and professional improvement of those subjects whose rehabilitation requires them, with continuous psychological counselling during the training process and after the guidance. corresponding personnel.

Article sixty-seven

The treatment or the freedom of the inmate will be completed, a final prognostic report will be issued, in which the results achieved by the treatment and a probability judgment on the future behavior of the subject to freedom, which, where appropriate, shall be taken into account in the file for the granting of probation.

Article sixty-eight

One. In the special centres the treatment will be harmonised with the specific purpose of each of these institutions.

Two. In establishments for young people under the age of twenty-one years, at the end of treatment with the final forecast, the evaluation of the outcome of the judgment will be sought through the data provided by the central services. corresponding.

Article sixty-nine

One. The tasks of observation, classification and treatment shall be carried out by qualified teams of specialists, whose composition and duties shall be determined in the Staff Regulations of Officials. These teams will be assisted by the number of educators needed, given the peculiarities of the groups of internal treaties.

Two. For the purpose of obtaining the social recovery of the inmates in ordinary and open regimes, it will be possible to request the collaboration and participation of the citizens and of public or private associations or associations occupied in the resocialization of the inmates.

Article seventy

One. For the due advice on the observation, classification and treatment of the inmates, there will be a Central Penitentiary of Observation, where a technical team of specialists will act for the following purposes:

a) Complete the work of the Observation and Treatment Teams in their specific tasks.

b) Resolve technical questions and queries that are formulated by the management center.

c) Conduct a work of criminological research.

d) Participate in the teaching assignments of the School of Penitentiary Studies.

Two. It will be for the central government to pass the internal ones whose classification is difficult or doubtful for the teams of the establishments or the groups or types of those whose peculiarities it is appropriate to investigate in the judgment of the management center.

Article seventy-one

One. The primary purpose of the compliance regime is to achieve the right environment for the success of the treatment; consequently, the regimental functions should be considered as a means and not as a purpose in itself. same.

Two. The activities involved in the treatment and the scheme, although governed by a principle of specialisation, must be properly coordinated. The Directorate of the establishment will organise the various services so that the staff members achieve the necessary understanding of their respective roles and responsibilities to achieve the indispensable coordination

Article seventy-two

One. The custodial sentences shall be executed according to the system of scientific individualization, separated in degrees, the last of which shall be the probation, as determined by the Penal Code.

Two. The second and third grades shall be met respectively in ordinary and open-speed establishments. The first grade shall be assigned to the closed-rate establishments, in accordance with the provisions of Article 10 (1) of this Law.

Three. Provided that the observation and corresponding classification of an inmate is in a position to do so, he may initially be placed in a higher grade, except for the probation, without having to pass directly through precedence.

Four. In no case shall it be kept to an internal at a lower level when the evolution of its treatment makes it worthy of its progression.

TITLE IV

From Post-Prison Assistance

Article seventy-three

One. The sentenced person who has served his sentence and who has otherwise extinguished his or her criminal responsibility must be fully reintegrated in the exercise of his or her rights as citizens.

Two. The antecedents may not in any case be grounds for social or legal discrimination.

Article seventy-four

The Ministry of Justice, through the Social Assistance Commission, a body dependent on the Directorate General of Penitentiary Institutions, whose structure and functions will be determined in the organic regulation of the The department shall provide the necessary social assistance to the inmates, the conditional or definitive released and the family members of each other.

Article seventy-five

One. The care staff of the Social Assistance Commission shall be constituted by officials who will be able to provide their services in the said organ, excluding any other activities other than those of the strict assistance.

Two. The Social Assistance Commission will collaborate permanently with the entities dedicated especially to the assistance of the inmates and to the treatment of the existing prisoners in the place where they radiate the penitentiary establishments.

TITLE V

From The Surveillance Judge

Article seventy-six

One. The Judge of Surveillance shall have the powers to enforce the sentence imposed, to resolve the remedies concerning the modifications that he may experience according to the requirements of the Laws and Regulations, to safeguard the rights of the inmates and correct the abuses and deviations that may occur in the enforcement of the provisions of the prison regime.

Two. It is particularly appropriate for the Supervisory Judge:

(a) Adopt all decisions necessary for the pronouncements of the resolutions in order of the custodial sentences to be carried out, assuming the functions that would correspond to the Judges and Courts (s).

b) Solve on the parole proposals of the penados and agree on the revocations that proceed.

c) Approve proposals to be made by establishments on prison benefits that may result in shortening of the sentence.

d) Approve isolation penalties in cell for longer than fourteen days.

e) To resolve the complaints that the inmates make about disciplinary sanctions by way of redress.

f) Solve based on the studies of the Observation and Treatment Equipment, and in the case of the Observation Central, the resources concerning the initial classification and progressions and regressions of grade.

g) Agree on the requests or complaints made by the inmates in relation to the prison regime and treatment as soon as it affects the fundamental rights or the rights and benefits of the prison. those.

h) Conduct visits to prison facilities that prevent the Criminal Prosecution Act.

i) Authorize exit permits for longer than two days, except for third-grade qualifiers.

j) Know about the passage to the closed regime establishments of the inmates on the proposal of the Director of the establishment.

Article seventy-seven

The Surveillance Judges may address the General Directorate of Penitentiary Institutions, making proposals concerning the organization and development of the surveillance services, the management of coexistence within the establishments, to the organization and activities of the workshops, school, medical and religious assistance, and in general to the regimental, economic and administrative activities in the strict sense.

Article seventy-eight

One. In the case of organic matters relating to the Judges of Surveillance and the procedures for their action, the provisions of the relevant laws shall be laid down.

Two. The Judges of Surveillance shall have their residence in the territory in which they radiate the penitentiary establishments under their jurisdiction.

TITLE VI

From officials

Article seventy-nine

It is for the Directorate-General of Penitentiary Institutions of the Ministry of Justice to address, organize and inspect the institutions that are governed by this Law, except for the Autonomous Communities. who have assumed in their respective Statutes the execution of the penitentiary legislation and subsequent management of the prison activity.

Article eighty

One. For the performance of the tasks entrusted to it, the prison administration shall have the necessary and duly qualified personnel.

Two. Corrections officers shall have the status of civil servants, with the rights, duties and incompatibilities governed by the general legislation of civil servants of the State Administration.

In the exercise of their duties, the principle of political impartiality shall be met in accordance with the constitutional requirements.

Three. The selection and, where appropriate, the promotion of prison officials shall be in accordance with the same procedures as laid down in the Staff Regulations.

Four. Before starting their activity, penitentiary officials shall receive the specific training, both theoretical and practical, in the appropriate official centre to be determined.

TRANSIENT PROVISIONS

First.

Until the rules referred to in Article seventy and eight are dictated, the Judge of Surveillance shall abide by the articles five hundred and twenty-six, nine hundred and eighty-five, nine hundred and eighty-seven, nine hundred and ninety-five concordants of the Criminal Prosecution Act.

Second.

In the regulatory development of this Law, consideration will be given to the forecasts that, in relation to the prison administration, may include the Statutes of Autonomy adopted by the different nationalities and regions.

FINAL PROVISIONS

First.

The rights recognized to the inmates in this Law may be partially and temporarily suspended by agreements of the Ministries of Justice and Interior in the cases of serious disturbances of order in a center, which will force the Prison authority to require the intervention of the State Security Corps.

One. From the moment they intervene, they will assume the direction of the penitentiary establishment in terms of custody, surveillance and restoration of the order the chief of the same, without prejudice to continue the prison authority in the management of the processing activities, administrative procedure in relation to the judicial authorities, administrative economic regime and care functions.

Two. Regardless of the assumption in the previous number, the Ministries of Justice and Home Affairs may agree, for reasons of public security, that the custody and internal surveillance of a closed establishment or department This is a special case for the State Security Corps.

Three. In the cases referred to in the preceding two paragraphs, the agreement adopted by the Ministries of Justice and the Interior shall be immediately given to the Commission of Justice of the Congress of Deputies for the purpose of adopting the resolution which Regulation should apply.

Second.

In the maximum period of one year, the Government will approve the Regulation that will develop this Law, continuing in effect the Regulation of the Prisons Services approved by Decree of two February of a thousand nine hundred. Fifty-six and modified by Decrees two thousand seven hundred five/thousand nine hundred and sixty-four, twenty-seven of July; one hundred and sixty-two/thousand nine hundred and sixty-eight, of twenty-five of January; one thousand three hundred and seventy-two/thousand nine hundred Seventy, thirty of April; and Royal Decree two thousand two hundred and seventy-three/thousand nine hundred and seventy and seven, of twenty-nine of July, in which he does not object to the precept of the General Penitentiary Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Given in Madrid to twenty-six of September of a thousand nine hundred and seventy-nine.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ