Título VI. Régimen disciplinario

The disciplinary regime is intended to guarantee security and orderly coexistence in penitentiary centers. Disciplinary sanctions shall be those strictly necessary to fulfill this purpose.

Disciplinary power in penal centers is the responsibility of the authorities of the Penitentiary System, and consequently, no other authority or incarcerated person may exercise it.

Incarcerated persons shall only be subject to disciplinary sanctions in cases in which they commit previously defined actions, independently of the criminal and civil sanctions applicable for such actions.

Infractions are classified as: minor, serious and very serious as provided in the following articles.

Incarcerated persons who engage in any of the following acts commit minor offenses:

a)Failing to show due respect to the authorities, public officials and employees of penitentiary institutions in the legitimate exercise of their functions, within the detention center;

b)Insulting another incarcerated person, as well as other persons who are inside the center; and,

c)Intentionally causing minor or minimal damage to the facilities, materials or property of the detention center or to the belongings of other persons.

Incarcerated persons who engage in any of the following acts commit serious offenses:

a)Collective disorders or instigation thereof if such disorders have been committed;

b)Bringing in, consuming, possessing or distributing alcoholic beverages or prohibited drugs;

c)Promoting, collaborating, introducing or distributing in the detention center objects that are not authorized by the corresponding authorities and that threaten the life of persons;

d)Causing damage in order to render the center unusable;

e)Failing to comply with the regulations or the internal provisions of the center; and,

f)Performing, through threat, coercion or aggression against any inmate, acts that correspond to authorities of the penitentiary system.

Incarcerated persons who plan, promote, incite, collaborate and/or engage in any of the following acts commit very serious offenses:

a)The violent resistance to compliance with orders from a public official or authority in the legitimate exercise of their office or that contravene what is prescribed in the present law;

b)The physical aggression against public officials, authorities or any other person; and,

c)The possession of work instruments, tools or utensils outside the work areas.

In cases of minor offenses, the following sanctions may be imposed:

a)Written reprimand on the first occasion;

b)Restriction of family visits to once per week on the second occasion; and,

c)On the third occasion it shall be considered a serious offense.

In cases of serious infractions, any of the following sanctions may be imposed:

a)Restriction of exit permits which shall not exceed two months;

b)Restriction of telephone calls during the time limit of one month;

c)Restriction of the intimate visit during the time limit of one month; and,

d)Reduction from ten percent to fifteen percent of the benefit of penalty reduction granted to them.

In case of recidivism, double the time established for the sanction shall be applied.

In cases of very serious infractions, any of the following sanctions may be imposed:

a)The transfer of the incarcerated person to a maximum-security prison;

b)Loss of the benefit of the pre-release phase; and,

c)Reduction of twenty-five percent of the penalty-reduction benefit that has been granted to them.

For the application of disciplinary sanctions, the nature and characteristics of the duly proven committed offense shall be taken into account.

In cases in which the infractions are committed under the effects of alcohol or narcotics, after prior professional diagnosis, the incarcerated person shall be subjected to detoxification and rehabilitation treatment. In the case of recidivism, twice the time established for the sanction shall be applied.

In cases of urgency, to re-establish order and security in detention centers, the coercive mechanisms contained in the United Nations Minimum Rules for the Treatment of Prisoners may be used, in accordance with the principles of rationality, proportionality and necessity.

Emergency coercive measures shall only be used with the authorization of the director of the facility in the following cases:

a)To prevent harm to other incarcerated persons, other persons or property;

b)To prevent acts of escape or violence by incarcerated persons; and,

c)To overcome the active resistance of incarcerated persons.

The Director of the Center who must resort to emergency coercive measures shall immediately communicate it, stating the reasons for their use:

a)To the Director General of the Penitentiary System.

b)To the corresponding judge.

The disciplinary authority in the penal centers is the faculty of the Director of the Center or, failing that, of the Director General of the Penitentiary System; consequently, no one else is empowered to exercise such authority.

Upon receipt of the complaint by the Director of the Penitentiary Center, the Director shall schedule a hearing within a time limit of three days, in which the allegedly infringing person shall be heard and the evidence offered shall be received. The director shall decide as appropriate within the following forty-eight hours. In the processing of this procedure, technical defense shall not be necessary. No incarcerated person may be sanctioned without the act attributed to them having previously been proven.

Against decisions issued in penitentiary matters, the application for revocation shall lie, which shall be filed before the authority that issued the challenged decision, except for original decisions issued by the Minister of the Interior, against which a motion for reconsideration may be filed. The filing, requirements, time limits, procedure and decision on the appeals referred to in this article shall be governed by the provisions established in the Law on Contentious Administrative Matters.

The Penitentiary System shall have a permanent public information system, so that at any time it may be known:

a)The full name of the incarcerated person;

b)Front and profile photograph;

c)The reasons for the detention;

d)The time, date and place of the detention;

e)The time and date of their appearance before the judge;

f)The information on the transfers to which the detainee has been subjected; and,

g)Indication of the judge who ordered the deprivation of liberty, the prosecutor in charge of the case and the appointed defense counsel.

The information system shall permit ascertaining: the identity of the incarcerated person by means of photograph and the time of detention of each of the persons admitted to the centers.

All persons subject to pretrial detention must be treated in a dignified and humane manner. The Penitentiary System shall guarantee at least the following minimum conditions of hygiene, floor space, ventilation and lighting. The State shall guarantee the necessary resources for compliance with the following conditions:

a)They must sleep in adequate cells and shall have a bed;

b)Detention centers shall maintain spaces for outdoor recreation;

c)They must, where possible, serve pretrial detention in centers near the place where the judicial proceedings to which they are linked are conducted;

d)They have the right to receive free food of good quality, well prepared and served. The food must meet the requirements necessary for adequate nutrition, or, where appropriate, the family shall be allowed to bring in special diets;

e)They have the right to obtain drinking water when they need it;

f)Every prison facility must have medical, dental and psychological clinics, with sufficient professional and auxiliary staff to meet demand, according to the number of detainees and, if necessary, allow the entry of private professionals for their care;

g)The Director of the Center or whoever replaces him may authorize the transfer of incarcerated persons, in emergency cases following prior evaluation by the center's physician, forensic physician and the Public Prosecutor's Office, giving immediate notice to the General Directorate so that it notifies the execution judge;

h)The personal belongings of detainees must be kept in a safe place, under inventory to be made by the detained person. These shall be returned at the time they are released.

Disciplinary measures during pretrial detention are governed by the provisions of this Law.