Law on Criminal Offender Rehabilitation

This Law regulates the execution of sentences and security measures, the preventive detention of defendants and, in general, the treatment of convicts and their post-incarceration guidance with a view to achieving their social readaptation.

Penitentiary activity shall be developed with the guarantees and within what is established by the Constitution of the Republic, this Law, its regulations and the judicial sentences pronounced against prisoners.

The aforementioned objectives shall be the responsibility of the General Directorate of Penal Establishments and the subsidiary bodies established for such purpose.

The General Directorate of Penal Establishments is hereby created as a technical administrative organism, dependent on the State Secretary of the Departments of Governance and Justice, with national jurisdiction, and to which the directors or administrative heads of penitentiaries and detention facilities of the country shall be subordinated. Its seat shall be the capital of the Republic.

The General Directorate of Penal Establishments shall have the following functions:

• 1)

  Propose the creation and organization of state detention establishments and direct and administer their operation;

• 2)

  Exercise the technical direction of penal establishments and social readaptation;

• 3)

  Prepare and submit to the approval of the Executive Branch the regulations that may be necessary for the application of this Law;

• 4)

  Ensure compliance with this Law, its regulations and the resolutions issued on the matter by the State Secretary of the Departments of Governance and Justice and the General Directorate itself;

• 5)

  Propose to the State Secretary of the Departments of Governance and Justice the appointment and, where appropriate, the removal of subordinate personnel of the General Directorate and of penitentiaries and jails;

• 6)

  Communicate directly with any authority regarding everything related to the exercise of its functions, respecting the hierarchical order of public administration;

• 7)

  Request through the corresponding channels the reports and counseling that it deems necessary;

• 8)

  Guide the social readaptation of prisoners in accordance with the progressive system of this Law;

• 9)

  Organize the detailed National Registry of detained persons;

• 10)

  Issue certificates of criminal records of prisoners when legally requested;

• 11)

  Organize in penal centers:

  • a)

    The work of prisoners;

  • b)

    The necessary educational establishments;

  • c)

    Psychiatric clinics where possible;

• 12)

  Form a security body responsible for ensuring compliance with measures that do not involve internment;

• 13)

  Promote associations of prisoners and ex-convicts under conditional release measures;

• 14)

  Organize training courses for personnel of the General Directorate and penal establishments;

• 15)

  Order transfers to penitentiary establishments of sentenced inmates who are serving their sentences in other jails, whenever the Executive Branch deems it convenient with the knowledge of the Supreme Court of Justice;

• 16)

  Enter into contracts relating to the administration of penal establishments and social re-education that have been authorized by the Executive Branch through the corresponding agreement of the Department of Governance and Justice, subject to the pertinent legal provisions;

• 17)

  Ensure legal assistance for prisoners in cases that apply; and,

• 18)

  The other attributions determined by the regulations of this Law.

The General Directorate of Penal Establishments shall be headed by a Director General and, in his absence, by a Sub-Director General, and shall have the necessary personnel for the performance of its functions.

To be Director and Sub-Director of Penal Establishments, the following is required:

• 1)

  To be Honduran by birth;

• 2)

  To hold the title of Attorney, duly registered and over 25 years of age;

• 3)

  To have specialization in Criminal or Penitentiary Law or experience in the matter; and,

• 4)

  To be a citizen in the exercise of civil rights and of recognized integrity.

The Sub-Director General must meet the same requirements as the Director, shall cooperate with the Director General in the administrative and technical aspects indicated by the respective regulation, and shall substitute him in case of absence or legal or physical impediment.

There shall be an Inspector General, who shall also meet the same requirements as the Director General, responsible for overseeing penal and social re-education establishments, and for ensuring that the provisions of this Law and the corresponding regulations are complied with.

The General Directorate of Penal Establishments shall organize a Central Registry of Prisoners, strictly confidential and reserved, which shall contain the necessary data for their respective identification and shall serve to identify repeat and habitual offenders.

For the purposes of the preceding article, judges and courts throughout the country shall send monthly to the General Directorate of Penal Establishments, a certification of all sentences they pronounce. Police investigation offices shall send to the same office a duplicate of the fingerprint records they prepare, which shall serve as the basis for issuing the corresponding criminal records registration certificates.

There shall be in the Republic the following penal establishments:

• 1)

  National penitentiaries for the enforcement of sentences exceeding three years;

• 2)

  Departmental or sectional jails for the enforcement of sentences not exceeding three years; and,

• 3)

  Local jails for the enforcement of prison sentences.

In psychiatric establishments, penal farms, re-educational centers or special treatment centers, which shall operate in accordance with the requirements established in the regulations, security measures shall be enforced. In places where there is no adequate establishment, the measure of internment according to its nature shall be enforced in an annex or special section of a penal establishment.

The facilities intended for prisoners must satisfy requirements of hygiene and health, particularly regarding air volume, water, minimum surface area, lighting and ventilation.

Men and women shall be confined in different establishments and, if not possible, in completely separate wards or facilities. In each establishment, separation shall be made between those convicted of intentional crimes and negligent crimes; those sentenced for common offenses, political offenses, connected common offenses or military offenses.

In each penitentiary there shall be a Director and a Sub-Director, appointed by the Executive Branch at the proposal of the General Director of Penal Establishments. These positions are of trust and must be held by legal professionals, preferably with specialization in Penal Sciences or with experience in penitentiary matters. There shall also be a Secretary who must be a legal professional, appointed at the proposal of the Director of the Penal Center.

The prisons shall be under the immediate responsibility of the respective administrators, assisted by the subordinate personnel that the number of inmates makes necessary. To be Administrator of a departmental, sectional or local prison, it is required to be of legal age, of notorious good conduct, to be in the exercise of one's civil rights, and to have experience or knowledge of penitentiary matters.

The powers and duties of the Director of a penal establishment are:

• 1)

  To ensure compliance with this Law and its Regulations;

• 2)

  To ensure the security, order, discipline, hygiene and health of the inmates;

• 3)

  To collaborate with the technical staff of the establishment to achieve the rehabilitation of the inmates;

• 4)

  To organize the work of the inmates;

• 5)

  To communicate to the General Direction of Penal Establishments and to the families of the inmates, the deaths, illnesses and serious accidents that may occur;

• 6)

  To visit daily all the cells and departments of the establishment;

• 7)

  To maintain the Register Book where the entry of the inmates and other circumstances related to them shall be recorded;

• 8)

  To report to the General Direction of Penal Establishments of the events that occur in the establishment; and,

• 9)

  All other duties established by this Law and the regulations.

The Sub-Director shall cooperate with the Director in administrative and technical matters, and shall substitute for him in case of absence or legal or physical impediment.

The powers and duties of administrators are:

• 1)

  To ensure compliance with this Law and its regulations;

• 2)

  To ensure the security, order, discipline, hygiene and health of the inmates;

• 3)

  To maintain a Daily Book where all matters related to the inmates shall be recorded;

• 4)

  To report to the General Direction of Penal Establishments of the events that occur in the establishment; and,

• 5)

  The other duties established by this Law and the regulations.

For the proper functioning of the penitentiary system in the appointment of directive, administrative, technical and assistance personnel of the internment institutions, consideration shall be given to the vocation, aptitudes, academic preparation and personal background of the candidates.

Members of the penitentiary personnel are subject to the obligation to take, before taking possession of their post and during the performance of their duties, the training and update courses that are established, as well as to pass the selection examinations that are implemented. Therefore, in the agreements, the participation that the personnel selection and training service, dependent on the General Direction of Penal Establishments, shall have in this matter will be determined.

The personnel of penal establishments shall be selected through competitive examination, among the applicants who meet the necessary conditions of integrity, humanitarian sense, capacity and physical aptitude. The personnel in charge of technical functions, including in administrative positions, must possess the professional conditions required for each of the activities for which they are assigned. Preference shall be given to candidates who, in addition to the requirements specified in this Article, demonstrate having completed special studies or have experience in penitentiary matters. The Regulations shall determine the other requirements and the procedure to be followed in the selection of personnel to opt for positions in penal establishments.

Establishments for women shall have female personnel, but for reasons of professional limitations or other qualified reasons, male officials or employees may be appointed, especially doctors and teachers, to perform functions in such establishments.

In each penal establishment there shall be custody personnel, served by a special body of civil character, dependent on the Direction of Penal Establishments.

The following special technical services shall function in penal establishments: Medical, psychopedagogical and others that are deemed necessary, which shall be subject to the regulatory provisions issued for that purpose.

There shall be an Interdisciplinary Technical Council in each one of the penitentiaries and departmental prisons, made up of the Director of the Center and the Heads of administrative units, with the purpose of keeping up to date the knowledge of the various situations related to the treatment of the inmates and the general functioning of the penitentiary or prison, in order to suggest and execute actions in accordance with the guidelines of penitentiary technique and this Law.

The Interdisciplinary Technical Council shall have as its specific function the establishment and development of the treatment regime and the powers and guidance for the proper functioning of the penitentiary or prison.

Every person who enters a penitentiary or prison from the moment of his entry must be examined by a doctor, in order to determine his physical and mental state, and the pertinent measures must be adopted, where appropriate. When the result of medical examinations reveals that an inmate has some physical or mental anomaly that makes necessary the application of a measure of internment in a specialized institution, he shall be remitted to it, following the procedure and resolution of the competent authority that corresponds.

The medical service shall be provided with the necessary means for the proper care of the inmates. This service shall function in a ward within each establishment and shall also have an isolation section for those affected by contagious disease. In case it is not possible to care for the inmates in the medical ward or infirmary, they shall be transferred to a hospital with the necessary security measures to prevent escape.

The chief medical officer of the service shall collaborate with the management of the establishment in all matters pertaining to hygiene and sanitation, as well as in the fulfillment of the provisions relating to food, physical education, work, and sports.

In establishments or sections for women, there must be special facilities for the treatment of pregnant women; however, in all cases, efforts shall be made to ensure that childbirth takes place at a civil maternity center. In the birth certificate of the child, the penal or social rehabilitation establishment shall not be mentioned as the residence of the father or mother.

When necessities require it and when possible, the competent authority shall organize childcare centers in penal establishments, where the children of female inmates shall remain until a responsible relative or the corresponding state agency assumes responsibility for them upon reaching the age of two years at most. Social workers in service at the establishment shall collaborate in the operation of such childcare centers.

There shall also be one or more dentists in each penal establishment to attend to the inmates. Dental prosthesis work shall only be performed at the expense of the interested party.

Each penal establishment shall have, within its capabilities, the services of teachers or technical instructors, psychiatrists, psychologists, and social workers whose work shall be to contribute to the rehabilitation of inmates. Technical teams shall be formed with the psychopedagogical staff to advise the Management on the measures that should be taken to achieve the effective readaptation of inmates.

Penal Treatment is the set of actions founded on Law, previously reasoned and directed by the technical agency of a prison, and executed by penitentiary personnel, in order to achieve the adequate social reintegration of the individual deprived of liberty due to the commission of a crime.

The Penitentiary Regime shall be progressive and technical in character and shall consist, at minimum, of periods of study, diagnosis, and treatment, the latter divided into phases of treatment in classification and pre-release treatment. Treatment shall be based on the results of personality studies conducted on the inmate, which must be updated periodically.

Treatment shall be individualized, with the contribution of the various sciences and disciplines pertinent to the social reincorporation of the subject, considering his personal circumstances.

Efforts shall be made to begin the study of the personality of the inmate from the moment he is placed under criminal investigation, in which case a copy of such study shall be forwarded to the jurisdictional authority under which he falls.

The place where preventive detention is carried out shall be different from that designated for the fulfillment of sentences and shall be completely separated. Women shall be confined in places separate from those designated for men.

Those sentenced to a sentence exceeding three years in duration shall be subject to the Progressive Penitentiary Treatment System.

The Progressive Penitentiary Treatment System shall comprise the following periods:

• 1)

  Observation;

• 2)

  Night cellular isolation and daytime common regime;

• 3)

  Preparation for freedom, with communal living day and night; and,

• 4)

  Conditional release, when appropriate.

The observation, which shall not exceed one month, shall be conducted by a Special Committee formed by the Director or Administrator of the penal establishment together with the technical team established for this purpose. During this period, a comprehensive study of the inmate shall be made through direct and personal contact, considering the social, medical, psychiatric, psychological, labor, and pedagogical aspects, in order to determine the appropriate measures to which he must be submitted to achieve his social readaptation.

The transition from one to another of the periods contemplated in Article 42 of this Law shall be decided by the Special Committee of the penal establishment, in accordance with the good conduct observed by the inmate. In any case, the duration of cellular isolation shall not exceed six months.

In sentences of three years or less of confinement, only separation during the night in single-person cellular regime and work in common during the day shall be applied.

The Director of the penal establishment, prior to the favorable report that the psychopedagogical personnel shall prepare, may authorize the release of inmates in the following cases:

• 1)

  To carry out unavoidable personal matters, such as: Serious illness or death of close relatives;

• 2)

  When the releases have the purpose of preparing for life in freedom; and,

• 3)

  To act in public places as members of cultural, artistic or sports groups. SECTION II TREATMENT STAGES

The treatment stages are:

• 1)

  Classification treatment;

• 2)

  Pre-Liberation treatment; and,

• 3)

  Post-Incarceration treatment.

In the Honduran Penitentiary System, the classification criteria are the following: 1) Objective criterion; and, 2) Subjective criterion.

Pre-liberational treatment may comprise:

• 1)

  Information and special orientation and discussion with the inmate and his family members of the personal and practical aspects of his life in freedom;

• 2)

  Collective methods;

• 3)

  Granting of greater freedom within the establishment;

• 4)

  Transfer to an open institution; and,

• 5)

  Weekend or daily release permits with nighttime confinement, or alternatively, release on business days with weekend confinement.

Post-incarceration treatment is the auxiliary assistance that shall be provided to strengthen the former inmate in situations of difficulty manifested by him, especially in the first stage of recovery of his freedom. SECTION III WORK

Work is a right and a duty of the inmate and shall be performed always under the supervision and control of the penitentiary or correctional authority. The assignment of work to the inmate shall be made under the following characteristics:

• 1)

  Work assigned considering his wishes, vocation, aptitudes and work capacity;

• 2)

  Work performed, considering the possibilities of the penal center;

• 3)

  Work performed considering the characteristics of the local economy; and,

• 4)

  Work performed considering the characteristics of the official market. In no case may inmates be permitted to work for private natural or juridical persons.

The inmates who, in accordance with the Law, are exempt from the obligation to work, shall, however, have the right to do so, in tasks appropriate to their state of health, according to medical opinion.

Work in public works may likewise be dispensed by the Director or Administrator of the respective penal establishment, to inmates whose intellectual level warrants it, substituting it with work within the establishment.

The General Directorate of Penal Establishments shall organize industrial or agricultural work that is appropriate to the nature and need of the respective penal establishment and with the rural or urban environment from which the inmate comes.

The work of inmates must be remunerated, under conditions that serve the purposes of the inmate's rehabilitation.

The salary of the convicted person shall constitute a reserve fund that shall be divided as follows: 30% for reparation of damage, costs and judicial expenses, when applicable. 40% for the support of the inmate and his economic dependents. 30% for the constitution of the inmate's savings fund, which shall be delivered to him upon completion of his sentence or upon release as a former inmate. The provisions in this article are applicable as applicable to the salary of non-convicted inmates.

The work day shall not exceed the maximum legal duration and care shall be taken that work schedules allow for sufficient time for the application of treatment means. SECTION IV DISCIPLINE

In penal establishments the inmates shall wear a uniform that, without prejudice to identifying them with ease, shall lack signs of excessive notoriety that may embarrass them.

Every convicted or accused person upon entering the penal establishment shall be provided with a booklet where the rights and duties that apply to him and the internal regulations of the establishment are set forth, which shall be, furthermore, duly explained to him.

The Director or Administrator of the penal establishment shall be the sole competent authority to impose measures and grant incentives, after previously hearing the psychopedagogical personnel, and in the case of sanctions also hearing the alleged offender.

The corrective and disciplinary measures that may be imposed are the following:

• 1)

  Admonition;

• 2)

  Deprivation of recreation and sports;

• 3)

  Execution of hygiene services;

• 4)

  Suspension of outings;

• 5)

  Temporary deprivation of communications or visits;

• 6)

  Deprivation of meals other than those provided by regulation;

• 7)

  Deprivation of free enjoyment of personal funds;

• 8)

  Deprivation of auxiliary positions of trust; and,

• 9)

  Regression to an earlier period of the progressive regime.

The rewards referred to in Article 60 shall be the following:

• 1)

  Granting of extraordinary communications or visits;

• 2)

  Employment in auxiliary positions or posts of trust;

• 3)

  Exemption from work on public works, substituting it with work within the penal facility;

• 4)

  Advancement to the next period of the progressive regime; and,

• 5)

  Temporary releases.

The use of force against inmates is prohibited, except insofar as is strictly necessary to restore order among those who are undisciplined.

The custody personnel of penal facilities shall be authorized to carry weapons, but the use of such weapons shall be limited exclusively to cases of an extraordinary nature and in circumstances that are absolutely indispensable for legitimate self-defense.

In no case shall disciplinary measures other than those established in Article 61 of this Law be imposed or applied to inmates. SECTION V FOOD AND HYGIENE

The Director or Administrator of the respective Penal Center, advised by the physician of the facility, shall determine the food system for inmates, which shall adequately cover their nutritional needs for organic repair.

The Director or Administrator of the penal facility shall establish the prophylactic and hygienic measures necessary, in accordance with the physician of the facility, in whose implementation inmates are obligated to cooperate. Their disobedience, neglect, or negligence shall result in the imposition of disciplinary corrections. SECTION VI EDUCATION

Education in the penal facility shall have as its principal objective the social rehabilitation of the inmate and their preparation for work in free society. Efforts shall be made to teach inmates a trade, integrating the learning with work.

The education provided to inmates shall not have only an academic character, but also a civic, social, hygienic, artistic, physical, and ethical character. It shall be guided by the technique of collective pedagogy and shall be conducted, preferably, by specialized teachers.

In all penal facilities, inmates shall be permitted to read newspapers, magazines, and books that circulate freely in the country. The Regulations shall determine the scope of the foregoing provisions. SECTION VII SPORTS AND RECREATION

For the physical, mental, and cultural improvement of inmates, sports and recreational activities shall be developed in penal facilities, in accordance with what is established by regulatory provisions. SECTION VIII INMATE COMMUNICATIONS

Oral communication with relatives and friends shall take place on the days and hours established by the Regulations, but such communication shall not be less than three hours per week. Communication with the defense counsel shall not be subject to limitations, nor may it be suspended as a disciplinary measure.

An inmate of foreign nationality shall have the right to visit from the consular representative of their country. SECTION IX CONJUGAL VISITS

Married inmates or those united in a de facto marriage may request and obtain from the Director or Administrator of the Penal Center in which they are held, an intimate visit from their spouse, partner, or domestic partner, which may not be denied except for hygienic reasons or other justified circumstances.

When both spouses or domestic partners are serving sentences, either of them may obtain the appropriate written permission to leave the facility in which they are held, as well as permission to enter the penal center where their respective spouse or domestic partner is located.

For the purposes of the preceding Article, penal establishments shall have an attached facility constructed in such a way as to permit spouses or household partners to enter and exit it with the utmost discretion. The facility intended for conjugal visits shall be conditioned with the necessary decency and cleanliness.

The frequency of conjugal visits to inmates shall be regulated by the medical service of the respective establishment.

SECTION X DETAINEES OR DEFENDANTS

Adjacent to penal establishments, although conveniently separated from them, there shall be one or more preventive departments, intended to receive detainees or defendants.

Defendants undergoing trial may:

• 1)

  Choose between a cell or communal living;

• 2)

  Be separated between first-time offenders and recidivists;

• 3)

  Be subject to the discipline of the penal establishment;

• 4)

  Work, if they wish, choosing their own work themselves, in accordance with the means available to the establishment; and,

• 5)

  Receive instruction and participate in sports and recreational activities.

When a defendant undergoing trial chooses to work or receive instruction and the preventive department does not have adequate means, authorization may be granted for such activities to be carried out with the condemned. CHAPTER V SPECIAL REGIME SECTION I POLITICAL OFFENDERS

Those charged with political offenses may be excused by the Director of the Center from the obligation to work; they may do so when they request it and in work selected by them or related to their profession or occupation; they may likewise use books and magazines and choose between a communal regime or solitary confinement. SECTION II CONDITIONAL RELEASE

In cases where a report must be made regarding the conduct of an inmate in proceedings for obtaining conditional release as provided in Article 76 of the Penal Code, the Director or Administrator, as applicable, shall accompany his report with the recommendations of the technical personnel of the penal establishment.

Security measures shall be executed in accordance with the provisions of Title VII, Book One of the Penal Code and in the regulations issued for such purpose. CHAPTER VI GENERAL PROVISIONS

For the admission of a defendant or convicted person to any of the penal and social reeducation establishments, an order from the competent judicial authority is an indispensable requirement. Upon admission to the establishment, the detainee or convicted person shall be registered in the Registry Book and a personal file shall be opened, headed by the admission order.

The personal file shall also contain the following data:

• 1)

  Identity of the inmate;

• 2)

  Copy of the resolution of the judicial authority that ordered the detention;

• 3)

  Day and hour of admission;

• 4)

  Day and hour of release; and,

• 5)

  Authority that ordered it.

For the identification of the inmate, the corresponding record card shall be issued, which shall follow alphabetical order and shall show the file number and the personal description of the defendant or convicted person, in accordance with the form prepared for such purpose by the General Directorate of Penal Establishments.

Upon admission, an individual cell shall be assigned to him in which he shall remain during the observation period. If his health is found to be impaired, the establishment's physician shall indicate the place of internment or isolation.

The clothing, money, and other objects that the inmate brings with him shall be placed in the custody of the Director or Administrator of the establishment, after an inventory is made. The inmate may dispose of such objects provided they are intended for his family or any other lawful use. The Regulations shall establish which personal use objects the inmate may possess within the establishment. The inmate's belongings shall be returned to him at the time of his release, except for clothing whose destruction is deemed necessary for reasons of hygiene. The inmate shall sign the corresponding receipt. Values and objects sent to the inmate from outside the establishment shall be subject to the same rules.

When an inmate is transferred from one establishment to another, care shall be taken not to expose him to the public and necessary measures shall be taken to protect him from curiosity and to prevent all publicity. The transportation of inmates under conditions that cause or constitute physical suffering is prohibited.

When inmates are nearing the end of their sentence, the Director or Administrator shall communicate this to the respective Court. If the convicted person is subject to a security measure, he shall send a report together regarding the degree of social readaptation that he shall have achieved.

No inmate may be released without an order from the competent judicial authority. CHAPTER VII FINAL AND TRANSITORY PROVISIONS

The Criminal Court Judges shall visit the penal establishments within their respective jurisdiction at least weekly, inspecting their organization and operation; and, at that time, shall hear the complaints of the inmates to order the appropriate measures.

The Executive Branch shall construct the necessary establishments for the implementation of the security measures provided for in Article 83 of the Penal Code. While the aforementioned establishments are being built, separate wards shall be set up in penitentiaries and jails for the implementation of precautionary measures. With respect to inmates suffering from mental illness, they shall be confined in psychiatric establishments that depend on the Secretary of Public Health.

The National Welfare Board or the competent state agency shall cooperate in the oversight and assistance of inmates and released persons, providing them with aid and work as a means of adaptation to free life. Likewise, it shall provide protection and assistance to the abandoned children of inmates, primarily so that they may receive adequate education, and shall provide relief in case of illness.

The Executive Branch, through the Secretariat of State in the Offices of Government and Justice, shall issue the General Regulations and the special regulations that may be necessary for the better implementation of this Law. CHAPTER VIII EFFECTIVE DATE

This Law shall enter into force on March 13, nineteen hundred eighty-five and shall be published in the Official Gazette "La Gaceta", and from that date the Regulatory Law of Prisons, issued by Decree No. 129 of April 3, nineteen hundred nine, shall be repealed. Given in the city of Tegucigalpa, Central District, in the Session Hall of the National Congress, on the fifteenth day of the month of October of nineteen hundred eighty-four.