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Teen Social Inclusion National Institute. Decentralized Service. Creation

Original Language Title: Instituto Nacional Inclusion Social Adolescente. Servicio Descentralizado. Creacion

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 27 Jan/016-NAº 29384

Law No. 19.367

NATIONAL TEEN SOCIAL INCLUSION INSTITUTE

CREACIA " N AS A DECENTRALIZED SERVICE

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


CAPATULO I

JURASSIC, PERSONERAA, AND ADDRESS NATURE

ArtAculoA 1Aº.A (Creation, name, nature, person, and address).-Crate the National Institute of Adolescent Social Inclusion, as a decentralized service that will relate to the Executive Branch through the Ministry of Social Development.

This decentralized service will replace the deconcentrated National Institute of the NiA and Adolescent of Uruguay (INAU), called the Adolescent Criminal Accountability System (SIRPA), created in the framework of the Law No. 18,771, of July 1, 2011, once the members of the Board have been appointed.

The National Institute of Adolescent Social Inclusion is a legal person, with legal domicile in Montevideo, without prejudice to the premises installed or to be installed throughout the territory of the country.

ArtAculoA 2Aº.A (Objective).-The National Institute of Adolescent Social Inclusion will have as an essential objective the social and community insertion of adolescents in conflict with criminal law through a psychosocial, educational and comprehensive process, which leads to the recognition of their condition of subjects of law.

CAPATULO II

OF THE MAIN TASKS OF THE NATIONAL INSTITUTE

TEEN SOCIAL INCLUSION

3Aº.A (Committed).-The National Institute of Adolescent Social Inclusion shall have the following tasks in addition to those expressly assigned by other laws:

a) Encourage a secure environment in which respect and authority are present so that reliability vAncles can be repaired.

B) Promoting relationships and relationships that the teen manages to maintain in his or her privacy situation with his or her family people close to them that can mean a sustain for the process within the National Institute of Adolescent Social Inclusion and for later egress.

C) Coordinate and articulate with other specialized, public or private institutions and institutions that comply with related activities their competence.

D) Execute the socio-educational measures and the injunctions provided by the Justice under the article 78 of the href="areuelveref.aspx?LAW, 17823/art78/HTM"> Law No 17,823, dated 7 September 2004 (The Code of the Nià ± ez and the Adolescence), as relevant.

E) Run the security measures arranged by the Justice under the literalA F) of the 2Aº of the Law No. 15,977, dated September 14, 1988.

F) Inform the teen of institutional functioning, his rights and duties, as well as the internal center of the center where he is finds compliance with the imposed measure.

G) Report to the competent Judge on how the measures and the evolution of the adolescent are being fulfilled, having always present the top intering of the same.

All the tasks and faculties of the Institute should be fulfilled, taking into consideration the higher interest of the adolescent and in strict observance of the national and international regulations in the field, which is expressed in the recognition, respect and guarantee of their rights.

ArtAculoA 4Aº.A (Programs).-For the purpose of ensuring compliance with your objectives and tasks, at least the following programs will be articulated:

A) Income, diagnosis, and derivation.

B) Education, which will be done through sport, recreation, formal and non-formal teaching.

C) Psychosocial technique.

D) Social and Community Insertion.

E) Security and Move.

F) Instrumentation, surveillance, and evaluation of alternative measures to freedom of liberty.

G) Instrumentation, surveillance, and evaluation of curative measures.

H) Instrumentation, surveillance, and evaluation of custodial measures.

A

CAPATULO III

OF THE ADDRESS "N AND THE ADMINISTRATION" N

ArtAculoA 5Aº.A (Directory).-The address and administration of the National Institute of Social Inclusion Adolescent will be in charge of a Directory composed of a President and two Directors appointed by the Executive Branch, in accordance with the . To be designated, natural or legal citizenship shall be required with at least five years of exercise, Thirty years of age are fulfilled and accredited knowledge and experience in the tasks of this law.

ArtAculoA 6Aº.A (Directory attributions).-In order to fulfill the tasks of the National Institute of Adolescent Social Inclusion, the Directory will have the following attributions:

A) Approving the internal organization of the service.

b) Exercise the direction, manage your assets and resources.

C) Projecting your budget, which will be presented to the Executive Branch for the purposes set forth in artAculoA 220 of the Constitution of the Republic.

D) Being a primary computer for expenses and investments within the limits of the corresponding budget allocations.

E) Accept inheritances, legacies, and donations instituted for your benefit.

F) Gravy and dispose of your real estate and furniture, requiring the unanimity of votes of its members.

G) Projecting the General Service Regulation, submitting it to the Executive Branch for approval.

H) Celebrate conventions with public or private entities, national, departmental, or local. May it also enter into agreements with international bodies, institutions or foreign governments, without prejudice to the limitations contained in the final act of the Article 185 of the Constitution of the Republic.

I) Subscribe to other public or private institutions, concerted management commitments, avoiding service superposition and insufficient use of human and material resources.

J) Fiscalize, monitor, evaluate, and control the quality of your own and contracted services, dictating the necessary regulations for the fulfillment of the service's purposes.

K) Delegate to other bodies or officials of the National Institute of Adolescent Social Inclusion, by way of resolution founded and under its responsibility, the privileges it deems appropriate, in order to achieve greater enforceability, effectiveness and efficiency in the function.

L) Propose to the Executive Branch the designations, promotions, cesantAs and removals of their officials.

M) Exercise disciplinary authority over all National Institute of Adolescent Social Inclusion staff.

N) Spreading at all levels and by all possible means, the tasks and activities of the service in your charge.

O) Contreating eventual staff up to 20% of your template to meet the needs for vacancies in your services, who should be presented to the next call for entry by contest. The General Report of the Nació will enable the necessary funds to pay for their remuneration; by transferring the savings corresponding to the vacant posts that give rise to such a contract.

P) Celebrate contracts for the lease of a particular service or work, when the service requires it. Those who, by virtue, provide services or perform works, shall not be the quality of public servants.

Q) Spreading and promoting at all levels of the Service, compliance with national and international regulations on teens in conflict with the law.

R) Approving the projects presented by the various execution centers of the measures, controlling the compliance of the same.

ArtAculoA 7Aº.A (Session and Quirums).-The Directory will establish the regular session session, which will not be less than two monthly meetings, without prejudice to the extraordinary sessions. The President or two of its members may be convened in accordance with the regulations to be established. The body will be sessionA and will be solved by the simple majority of the present. In the event of a tie the vote of the President will be counted as double.

ArtAculoA 8Aº.A (Personal and solidarity responsibility of the Directors).-Without prejudice to the provisions of the , the members of the Board are personally and jointly responsible for the resolutions voted in opposition. to the Constitution, to laws or regulations. For such purposes, the Board shall refer monthly to the Executive Branch, testimony to the minutes of its deliberations and copies of its resolutions.

This liability is waived:

A) The absent to the session in which the resolution was adopted and which would not have been present when the minutes were approved that session.

B) Those who would have recorded in minutes their dissent with the resolution adopted and the foundation that motivated it.

When this order for constancy occurs, the Chairman of the Board shall be obliged to account for the fact to the Executive Branch within twenty-four hours, giving him testimony of the respective act.

ArtAculoA 9Aº.A (Chairman of the Directory).-The President will be in charge of executing and complying with the resolutions of the Directory, and must respond to it for the performance of its functions, without prejudice to the provisions of the previous Article. They are committed and assigned to it, among others:

A) Represent the National Institute of Adolescent Social Inclusion.

b) Chair Directory sessions.

C) Taking urgent action when necessary, giving the Directory account in the following immediate session, is being taken to what this resolves.

D) Signing, together with another member of the Directory, or with the official that this body designates, all acts and contracts in which The National Institute of Adolescent Social Inclusion is involved.

ArtAculoA 10.A (Temporary Vacancy).-In cases of temporary vacancy in the office of Chairman of the Directory, the former Director shall perform his or her functions as the date of design. For the case of equality in the age-old age, the order of precedence established in the resolution of design will be taken into account.

ArtAculoA 11.A (Remuneration Of Members of the Board).-Members of the Board of Directors of the National Institute of Adolescent Social Inclusion will have a remuneration of the current members of the Board of Directors. The Delegated Commission of the SIRPA.

Will the National Institute of Social Inclusion be applied to the provisions of article 289 of the Ley NAºA 18.172, dated 31 August 2007.

CAPATULO IV

OF THE NATIONAL ADVISORY HONORARY COUNCIL

ArtAculo 12.A (Integration and operation).-A National Advisory Honorary Council composed of: a member of the Board of the National Institute of Adolescent Social Inclusion A representative of the National Association of Non-Governmental Organizations (ANONG); a representative of INAU; a representative for each of the following Ministries: Public Health, Social Development, Labor and Social Security, Education and Culture; a representative of the National Secretariat of the Sport; a representative of the Human Rights Secretariat of the Presidency of the Republic; a representative of the Uruguay Magistrates Association and a representative of the Uruguay Tax Association.

The National Advisory Board will be held as a minimum three times a year with the President and half as one of its members and will agree to its recommendations by the simple majority of these.

ArtAculoA 13.A (National Advisory Honorary Council Competition).-The National Advisory Honorary Council will have the following competencies:

A) Promote coordination, integration, and integrality of the sectoral policies of conflict adolescence with the law.

B) Propose the initiatives you deem appropriate and cooperate in the obtencyon of all enhancements that contribute to compliance with the purposes of the service.

C) Issue non-binding assessments, recommendations, and evaluations, which will be referred to the body's Directory.

A

CAPATULO V

OF HUMAN RESOURCES

ArtAculoA 14.A (Personal).-The National Institute of Adolescent Social Inclusion will have the staff set up by the Executive Branch.

The entry of personnel of any category shall be governed by the general rules of the Staff Regulations, without prejudice to the special rules that are issued in accordance with the Andole of its tasks (literalA) of the href="areuelveref.aspx?CONSTITUTION, 401/art59/2004/HTM/" title="Constitution in force on this document, " Article 59 of the Constitution of the Republic.

Within one hundred and fifty days, counted from the time of this law, the Executive Branch will define the personnel that will belong to the Institute that is created, coming from its separation with the Institute of the NiA and Adolescent of the Uruguay.

The personal designations of the preceding incisor will be performed in strict attention to the profile appropriate to the objectives and tasks of this law, and according to the position and task to be performed at the Institute.

ArtAculoA 15.A (Specialization and Requirements).-Without prejudice to the general requirements of entry into the public office provided for in the Statute of the Public Officer, the aspirants to occupy positions professional, technical, specialized, teaching, administrative and service assistants, should be able to accredit the specific competencies in terms of professional training and experience in the performance of the job.

Professional performance and the psycho-Asian balance of the staff in direct attention of the adolescents will be assessed annually as an unavoidable requirement.

The permanent training and training of staff will be promoted.

In any case of entry of staff to the National Institute of Adolescent Social Inclusion, the presentation of the judicial background certificate will be required.

ArtAculoA 16.A (Total dedication).-The positions of Directors and Subdirectors of National Programs or Regional Directors, as well as the Directors of direct attention centers and the Directors Administrative, Professional and Technical Divisions, will be charged with total dedication, understanding the rule set out in the article 158 of the Law No 12.803, dated 30 November 1960.

CAPATULO VI

HERITAGE, RESOURCES, AND BUDGET

ArtAculoA 17.A (Heritage).-The National Institute of Social Inclusion's heritage will be constituted by all the goods and rights the holder of which is the INAU and is assigned to the The services provided by the SIRPA to the date of validity of this law, as well as those that in the future acquire or receive any title. The transfer of the domain in favor of the National Institute of Social Inclusion of the goods of the INAU will operate in full right. The Executive Branch shall determine the real estate and recordable furniture included in this transfer, and the public records shall be recorded with the sole presentation of the notarial testimony of the latter. resolution.

ArtAculoA 18.A (Resources).-The National Institute for Adolescent Social Inclusion will have the following resources available:

A) The items assigned to you by the rules of budget or other legal provisions.

B) The natural and civil fruits of your assets.

C) The entirety of the projects in their dependencies.

D) The donations, inheritances, and legacies that you receive.

ArtAculoA 19.A (Resource destination).-The sums that are collected by the National Institute of Adolescent Social Inclusion are intended to meet the expenses of the service.

Balances not executed at the end of each financial year approved by budget laws for expenditure and investments shall be added to the following year, provided that the amount transferred does not exceed 20% (20%) of the original credit.

ArtAculoA 20.A (transient RA©gimen).-As long as the first budget for the National Institute of Adolescent Social Inclusion is not approved, it will continue to be governed by the one that has been assigned to the SIRPA. The deficit that may originate in that period shall be met by General Rentas.

ArtAculoA 21.A (Surplus and operational performance).-Operational surpluses can be in accordance with the rules of the and concordant laws, intended for:

A) Financing investments.

B) Special reserve for future coverage.

C) Being transferred to the central government.

The operational requirements will be covered:

A) By superA previously accumulated vit.

B) By credit you contract the body.

C) By transfers from the central government approved by law.

ArtAculoA 22.A (Tax Exoneration).-The National Institute of Adolescent Social Inclusion is exonerated from the payment of any national tax.

CAPATULO VII

TRANSIENT PROVISIONS

ArtAculoA 23.A (From the new authorities).-The Delegation of the Directory of the Institute of the NiA and Adolescent of Uruguay (INAU), will cease in its functions when the authorities of the Directory of the National Institute of Adolescent Social Inclusion.

ArtAculoA 24.A (General Service Regulation).-The Directory of the National Institute of Adolescent Social Inclusion will project within 90 days of its installation the General Regulation of the Service, submitting it to the Executive Branch for approval.

Until a General Service Regulation is approved, the applicable general rules shall be governed as soon as the provisions of this law are not opposed.

ArtAculoA 25.A (Interpreting and Repeal).-Any normative reference to the SIRPA or subject matter governed by this law, shall be understood to be made to the National Institute of Adolescent Social Inclusion.

A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, 22 December 2015.

LUCAA TOPOLANSKY,
President.
José Pedro Montero,
Secretary.

MINISTRY OF INTERIOR
TO MINISTRY OF FOREIGN RELATIONS
TO MINISTRY OF ECONOMY AND FINANCE
TO A MINISTRY OF NATIONAL DEFENSE
A A A MINISTRY OF EDUCATION " N AND CULTURE
A A A A MINISTRY OF TRANSPORT AND
works pasblicas

A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A PESCA
A A A A A A A A A A A A A A A A A A A A A A A A A MINISTRY OF HOUSING
, TERRITORIAL AND ENVIRONMENT
A A A A A A A A MINISTRY OF SOCIAL DEVELOPMENT

Montevideo, December 31, 2015.

Cúmplase, achosese recibo, comunaquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se crea el Instituto Nacional de Inclusión Social Adolescente como servicio decentralized.

TABARA% VAZQUEZ.
JORGE VÁZQUEZ.
RODOLFO NIN NOVOA.
DANILO ASTORI.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
MARAA JULIA MUA ' OZ.
VICTOR ROSSI.
GUILLERMO MONCECCHI.
ERNESTO MURRO
JORGE BASSO.
ENZO BENECH.
BENJAMIN LIBEROFF.
JORGE RUCKS.
ANA OLIVERA.

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Montevideo, Uruguay. Legislative Power.