Título IV. Régimen progresivo

The Progressive Regime is the set of activities directed at the reeducation and social readaptation of convicted persons through phases, in which the progress of

The Progressive System comprises the following phases:

a)Diagnosis and Placement Phase;

b)Treatment Phase;

c)Pre-release Phase; and,

d)Controlled Release Phase.

The diagnostic and placement phases of the progressive regime shall be carried out by the Multidisciplinary Diagnostic Teams, which shall be created in accordance with the needs of the Penitentiary System, whose task shall be to carry out the diagnostic phase and the placement recommendation.

In addition, each conviction center shall have a Multidisciplinary Team in charge of the Treatment, Pre-release and Controlled Release phases.

The purpose of the diagnostic phase shall be to define the location and establish a technical care plan for the incarcerated person with a final conviction. It shall be carried out by the Multidisciplinary Diagnostic Team having competence over the incarcerated person, prior to the judge defining the inmate's location for serving his or her sentence, through a personalized study. Such study shall be conducted within a maximum of fifteen calendar days from the notification by the execution judge requesting such study.

The evaluation and diagnosis include, among other aspects, the following:

a)Physical and mental health status;

b)Personality;

c)Socio-economic situation; and,

d)Legal situation.

The Multidisciplinary Diagnostic Team shall be composed of specialists in the field.

Once the evaluation has been carried out by the Multidisciplinary Diagnostic Team, it shall remit it to the General Directorate of the Penitentiary System within the time limit established in the preceding article, which shall forward it, with the location recommendation, to the execution judge to resolve as appropriate.

Derived from the evaluation and diagnosis, the Multidisciplinary Diagnostic Team shall develop a technical plan aimed at addressing needs and developing the potentialities of incarcerated persons, during the execution of the penalty and the security conditions to ensure compliance therewith.

The treatment shall be carried out in accordance with the individualized technical plan with the support of the professionals of the Subdirectorate of Social Rehabilitation, through the Multidisciplinary Teams.

The Multidisciplinary Teams must keep a systematized register control of each incarcerated person, of work, training, education, conduct and other relevant facts of their stay in the detention center.

The Multidisciplinary Teams shall prepare a report every six months, which includes the response of the incarcerated person to the assigned technical plan. A copy thereof shall be sent to the Subdirectorate of Social Rehabilitation, which shall evaluate said reports, making the pertinent recommendations, and others shall be sent to the execution judge and to the incarcerated person.

The treatment phase shall conclude at the latest when the incarcerated person has served one-half of the sentence imposed upon them, provided that there is a favorable opinion from the Subdirectorate of Social Rehabilitation of the General Directorate of the Penitentiary System. If the evaluation by the latter determines that the incarcerated person is not in a condition to move to the next phase of treatment, the same shall continue and conclude until said subdirectorate issues the favorable opinion. Decisions adopted by the penitentiary authorities in relation to evaluation, diagnosis and treatment shall be reported to the execution judge.

During the treatment phase, incarcerated persons may engage in labor or productive activities inside the center, with prior authorization from the penitentiary authorities. The authorities shall provide them with the facilities to bring in work instruments, raw material and to send their products to the market, with the authorization, control and register of the Director of the penal center, provided that such jobs do not threaten the security of the penal center.

Pre-release is the benefit obtained by the convicted person after having completed the diagnosis and placement phases, as well as treatment. Law and its regulations. Pre-release is a phase in which the incarcerated person progressively strengthens his or her family ties and his or her relationship with the outside community, with the purpose of gradually achieving his or her social readaptation.

In accordance with compliance with the phases of the progressive system and upon prior assessment of their degree of rehabilitation, the Subdirectorate of Social Rehabilitation, with the approval of the National Commission on Comprehensive Health, Education, Labor, may propose that incarcerated persons perform work outside the penitentiary center in public or private entities located in the departmental jurisdiction of the establishment, provided that the conditions of the offer guarantee the purposes of rehabilitation. Work outside the penitentiary center shall be authorized by the respective penal enforcement judge, and they may perform it without any custody. In the performance of these activities, incarcerated persons shall enjoy the rights stipulated in labor legislation.

An incarcerated person who is in the pre-release phase may enjoy weekend leave permits, or daytime leaves with the obligation to spend the night at the center. Such person may also enjoy other benefits, such as being placed in a specific sector of the center. Both the transitional leaves and the related benefits shall be executed in accordance with the provisions of the corresponding execution judge. Voluntary noncompliance with the schedules and conditions imposed by the execution judge shall entail automatic return to the treatment phase and the impossibility of carrying out activities outside the center until such person is again promoted to this phase.

Controlled liberty is the last phase of the progressive regime, in which the incarcerated person obtains his liberty under control of the execution judge, with the favorable opinion of the Subdirectorate of Rehabilitation and the approval of the General Directorate, after a prior hearing of the incarcerated person, provided it is to perform work or study outside the penal center and that he has served at least half of the penalty.

The benefit of controlled liberty may be granted to those who have been diagnosed, by report of the physician of the penal center and of the forensic physician, as suffering from illness in terminal stage. The conditions for the granting and exercise of controlled liberty shall be determined by the respective execution judge.

Telematic control devices shall be applied to this phase and to what is provided in Chapter IV of Title IV of the present [Law]

Prioritization criteria for qualifying for telematic control mechanisms.

In incidents of early liberty, the competent judge shall prioritize the use of telematic control in the following cases:

1)Persons over sixty-five years of age;

2)Pregnant women who are in the third trimester of the gestation process. The same treatment shall apply within the twelve months following the date of birth;

3)Those who suffer from a serious or terminal illness duly certified by the National Institute of Forensic Sciences -INACIF-;

4)Those who suffer from a permanent physical disability that significantly affects their ability to move;

5)A mother or father who is head of household with a minor child or with a child or spouse who suffers from a permanent disability, provided that he or she has been under his or her care, duly accredited; and,

6)Adolescents in conflict with criminal law who have been sanctioned and are under a deprivation regime and reach the age of majority, subject to prior evaluation by the competent judge.