Labor Law for Persons Deprived of Liberty and High-Risk Inmates
Congreso Nacional
- Decree: 101-2015
- Published: January 14, 2016
- Issuing body: Congreso Nacional
- Gazette: 33,933
- Category: Criminal
Summary
This law requires incarcerated persons in Honduras to work 5 hours daily as part of their rehabilitation and social readaptation, preventing idleness that generates crime in prisons. It also establishes a special maximum security regime for highly dangerous inmates, with severe restrictions such as cellular isolation, prohibition of electronic devices, and restricted visits.
Considerations
Whereas, in accordance with Article 87 of the Constitution of the Republic, prisons are establishments of security and social defense, in which the rehabilitation of persons deprived of liberty and their preparation for work shall be sought.
Whereas Honduras is a signatory to various international agreements, commitments and instruments, among which stand out the Universal Declaration of Human Rights; American Convention on Human Rights; Inter-American Declaration of the Rights and Duties of Man; International Covenant on Civil and Political Rights; the Standard Minimum Rules for the Treatment of Prisoners, in which principles and minimum standards are established regarding the right and duty to work, and the treatment, rights and obligations of persons deprived of liberty, being noteworthy what is stated in Article 37 of the American Declaration of the Rights of Man in expressing that "every person has the duty to work, within his capacity and possibilities, in order to obtain the resources for his subsistence or for the benefit of the community".
Whereas the Penitentiary System Law determines the powers and functions of the authority to execute the activities for the protection of society and the rehabilitation, reduction, and social reintegration of persons sentenced to deprivations of liberty and security measures, as well as the retention and custody of every person detained, in preventive detention or serving a sentence depriving them of liberty.
Whereas due to idleness and lack of activity in penitentiary centers, inmates dedicate this time to planning criminal activities, this situation being widespread in all penal centers, converting said centers into veritable schools of crime, thereby losing one of the purposes of imprisonment as a penalty, which is rehabilitation. CONSIDERING: It is indispensable that norms be created tending to prevent persons deprived of liberty from being idle, both for their mental health, their rehabilitation, and so that to a certain extent they repay to society what the State invests in them.
Whereas the National Congress has the power established in Article 205, Attribution 1) of the Constitution of the Republic to create, decree, interpret, reform and repeal laws.
Articles
PURPOSE. The purpose of this Law is to organize and execute the work that must be performed by persons deprived of liberty as part of rehabilitation processes, social readaptation and occupational therapy, without making distinctions in treatment based on prejudices and stigmas, mainly on grounds of race, color, sexual orientation, gender identity, language, religion, nationality, political opinion or any other opinion, of national or social origin, fortune, birth or any other circumstance whatsoever. As well as to establish a special system of permanence for prisoners of high dangerousness and aggressiveness in maximum security facilities.
OBJECTIVES. The objectives of this Law are the following:
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To generate economic resources to cooperate with the maintenance expenses of the person deprived of liberty and to promote self-sufficiency in food production;
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To prevent violence within penitentiary facilities;
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To reduce the crime rates of criminal acts that are planned from within penitentiary facilities;
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To strengthen the disciplinary frameworks to prevent abuses and internal irregularities;
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To promote the rehabilitative and re-educational work of persons deprived of liberty;
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To generate conditions for the performance of productive work;
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To facilitate knowledge, skills and abilities necessary for work in deprivation of liberty and post-penitentiary;
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To establish inter-institutional, regional and local coordination to promote rehabilitative and re-educational work;
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To generate the habit of work as a process of rehabilitation and re-education in persons deprived of liberty;
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To promote the revaluation of persons deprived of liberty as subjects of human rights; and,
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To establish a special system for persons deprived of liberty of dangerousness and aggressiveness.
SCOPE OF APPLICATION. All activities related to work in public works or in other activities that benefit the community are subject to the regulation of this Law, within and outside penitentiary facilities, under the modalities that allow the characteristics of each facility. Likewise, the measures established in this Law must be applied to persons deprived of liberty that through resolution
DEFINITIONS. For the purposes of this Law, the following terms are understood as:
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Person Deprived of Liberty: Any person who is confined in a penitentiary facility by order of a judicial authority through a final sentencing judgment.
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Penitentiary Work: The activity or set of activities performed by persons deprived of liberty, within and outside any penitentiary facility.
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Special Regime of Permanence for Persons Deprived of Liberty of High Dangerousness and Aggressiveness: That which is directed to persons deprived of liberty who through resolution of competent authority, upon psychological or psychiatric evaluations, have been diagnosed as persons deprived of liberty of high aggressiveness or high dangerousness in the cases established by this Law.
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Person Deprived of Liberty of High Aggressiveness: A status declared by competent authority, with prior technical opinion, through which it is established that a person deprived of liberty under normal conditions possesses behavior from which harm can be derived with great probability against any of the persons deprived of liberty, visitors to the penitentiary facility or detention, penitentiary officials, against their own life or against society in general.
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Person Deprived of Liberty of High Dangerousness: For the purposes of this Law, a person deprived of liberty of high dangerousness is considered any person who, by virtue of a final judicial sentence, is serving prison time for belonging to a criminal organization, illicit association or criminal group. In these cases, the special regime of permanence must be determined in accordance with what is established in Article 10 of this Law.
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Criminal Organization, Illicit Association or Criminal Group: That structured group of three (3) or more persons with existence during a certain time and that acts in concert with the purpose of committing one or more serious or less serious crimes, in accordance with what is established in the Penal Code and the United Nations Convention Against Transnational Organized Crime.
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Competent Authority: The competent authority is understood to be the judicial authority. CHAPTER II OF THE WORK SYSTEM FOR PERSONS DEPRIVED OF LIBERTY
OF THE WORK REGIME. The Work Regime for persons Deprived of Liberty must be developed and implemented in all penitentiary facilities, with a duration of five (5) daily hours except for Sunday and days of conjugal visits and the hours corresponding to family and spiritual visits, for each person deprived of liberty. The National Director of the Institute must coordinate through the National Institute of Professional Training (INFOP) the execution of educational activities for the development of professional training skills for persons deprived of liberty, and must also coordinate, internally in each penitentiary facility and with the other Secretariats of State, the design and execution of work projects for persons deprived of liberty under this Law. Those who suffer from an illness that prevents them from performing these works are exempt, subject to another appropriate work within the facility; persons who in accordance with the Law of the National Penitentiary System and its Regulations are exempt from the work obligation have the right to do so voluntarily in those tasks that do not harm them and are in accordance with their condition.
PRINCIPLES OF THE SYSTEM. The principles and general guidelines that govern penitentiary work and the minimum conditions that must be required are the following:
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It must not have an afflictive character, but rather one of rehabilitation and/or training;
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All persons deprived of liberty must work with special consideration to their physical and mental aptitude;
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Penitentiary Work must provide professional training in some useful trade to persons deprived of liberty; and,
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Persons deprived of liberty may choose the type of work they wish to perform, within the limits of rational professional selection and the requirements of penitentiary administration and discipline; the foregoing, without prejudice to the final determination adopted by the penitentiary authority for the assignment of Penitentiary Work.
INCENTIVES. The Director of the Penitentiary Facility, prior to resolution by the Interdisciplinary Technical Council, may grant additional benefits to those internal persons who are efficient in work, who cooperate with the Facility and maintain a good conduct record. Such benefits may consist of:
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Additional visits from their family on special days and hours;
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Extension of the regulatory hours for the development of educational, cultural, sports and recreational activities;
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Prioritization in obtaining scholarships; and,
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Access to training, professional development and/or educational activities.
SANCTIONS. Non-compliance with the provisions of this Law by persons deprived of liberty carries the disciplinary and administrative responsibility that may be applicable, without prejudice to the criminal responsibility that corresponds in accordance with the existing legal system. These measures include the suspension of the incentives enumerated in the previous Article and other actions that the Director of the Penitentiary Facility considers necessary, prior to resolution by the Interdisciplinary Technical Council. CHAPTER III SPECIAL REGIME OF PERMANENCE FOR PERSONS DEPRIVED OF LIBERTY OF HIGH DANGEROUSNESS AND AGGRESSIVENESS
CONDITIONS OF THE REGIME. The following are conditions under which the special regime of permanence for persons deprived of liberty of high dangerousness and aggressiveness develops in Penitentiary Facilities of the country:
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Isolated confinement in special cell pavilion of maximum security;
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Restriction of their freedom of movement within the Facility;
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Prohibition of possessing or carrying computers, televisions, audiovisual equipment and other electronic devices;
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Restriction of written material, which must be authorized by the competent authority;
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Only internal and supervised telephone communications are permitted, properly monitored;
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In no case shall conjugal or intimate visits be permitted;
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The exercise of physical activity, outings to exterior areas must be restricted and they must be separated from the rest of persons deprived of liberty, avoiding physical contact between them;
- 8)
They shall enjoy one hour per day to receive sunlight;
- 9)
After the use of personal hygiene utensils, whether disposable or not, the same must be withdrawn from the Person Deprived of Liberty and made available daily only for the time necessary to execute said action;
- 10)
The entry of cash money in any of its denominations is prohibited; and,
- 11)
They must wear special clothing established by the Board of Directors of the National Penitentiary Institute.
Inmates of high dangerousness and aggressiveness must be confined in maximum security facilities or modules, for the time determined by the Board of Directors of the National Penitentiary Institute, in accordance with the respective sentence. CHAPTER IV FINAL PROVISIONS
To Reform articles: 8 adding numeral 21) and correcting the numbering in its respective order of the article; 9 adding numeral 14) and correcting the numbering in its respective order of the referenced article; 16 numerals 6), 9) and 17) adding numeral 19) and correcting the numbering in its respective order of said article; 33 adding numeral 18) and correcting the numbering in its respective order of said article; 75 numerals 2) and 5); and 102; of THE LAW OF THE NATIONAL PENITENTIARY SYSTEM, contained in Decree No. 64-2012 dated May 14, 2012, which must read as follows:
The National Penitentiary Institute has the following Attributions: 1)...; 2)...; 3)...; 4)...; 5)...; 6)...; 7)...; 8)...; 9)...; 10)...; 11)...; 12)...; 13)...; 14)...; 15)...; 16)...; 17)...; 18)...; 19)...; 20)...; 21) To prepare, approve and execute the Work System programs for Persons Deprived of Liberty in penitentiary facilities of the country; and, 22) The others that this Law and its Regulations establish in accordance with it".
The National Penitentiary Institute (INP) has the following bodies:
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The Coordinating Unit of Work for each of the penitentiary facilities must maintain a permanent record of the work hours of each person deprived of liberty, which must be validated annually with the Execution Judge, adding the respective certificate in the judicial file; and, 15) The other Departments and Units that may be established in the Regulations. The Regulations of this Law must establish the organization and operation of the departments and units indicated in this Article".
It is the responsibility of the National Director:
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To create, expand, reduce, suppress or modify the dependencies and penitentiary facilities of the National Penitentiary Institute (INP) for the fulfillment of security measures, as well as its competencies;
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To prepare the plans, programs and projects necessary for the fulfillment of the purposes of the Institute, and to present to the Board of Directors technical, financial and accounting reports as required;
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To execute collaboration or cooperation agreements and agreements between the National Penitentiary Institute (INP) and non-governmental organizations, associations, patronages or support groups for the population deprived of liberty, national or foreign;
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To prepare, approve and execute annually at least one work program for persons deprived of liberty for each penitentiary facility and any other activity that does not violate human rights, which must consist of reforestation projects, desk manufacturing, educational boards, organic and inorganic material recycling, work in construction and reconstruction activities of raw materials necessary for these purposes, such as: block manufacturing, brick making, digging trenches, sand movements and any other raw material for construction; and, 20) The others that this Law and its Regulations establish in accordance with it".
The following are attributions and obligations of the Directors of penitentiary facilities:
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To execute, supervise and guarantee the implementation of work programs dictated by the Board of Directors of the National Penitentiary Institute; and, 19) The others that this Law and its Regulations establish in accordance with it. The Sub-Director must cooperate with the Director in the administrative and technical aspects assigned to him or that are established in this Law and its Regulations and substitutes him in cases of absence and physical or legal impediment".
Work is a right and a duty.... 1)...; 2) Not to be degrading; 3)...; 4)...; 5) Must be remunerated, except when it is work inherent to the facility and public works; 6)...; 7)...; and, 8)...
The supervision and control of the Execution of sentences, security measures and compliance with the five (5) daily hours except for Sunday and days of conjugal visits and the hours corresponding to family and spiritual visits, for Persons Deprived of Liberty, is in charge of the Execution Judge, in accordance with what is provided in the applicable criminal laws.
BUDGET. For the purposes provided in this Law, the Secretariats of State must channel the necessary budgetary funds to link and make feasible the implementation of the programs of the Special Work Regime for Persons Deprived of Liberty in those matters under their competence.
To repeal Numeral 6 of Article 11 of Decree No. 64-2012 of May 14, 2012, containing the Law of the National Penitentiary System.
EFFECTIVE DATE. This Law enters into force on the date of its publication in the Official Gazette "LA GACETA". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the ninth day of the month of September in the year two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PEREZ LOPEZ SECRETARY JOSE TOMAS ZAMBRANO MOLINA SECRETARY To the Executive Branch Therefore: Execute it. Tegucigalpa, M.D.C., December 7, 2015. JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO
Related laws
- Decree No. 101-2015 Labor Law for Persons Deprived of Liberty — This law requires incarcerated persons in Honduran prisons to work 5 hours daily as part of their rehabilitation and social reintegration. The work aims to help them generate resources for their maintenance, prevent behavioral problems, and acquire job skills. For prisoners deemed highly dangerous, it establishes a special regime with solitary confinement in maximum security cells and severe restrictions. (Decree 101-2015, 2016)
- Special Law for Persons Deprived of Liberty with Terminal Stage Diseases — This law allows incarcerated people with terminal and incurable diseases to be released to live with dignity in their families, hospitals, or assistance institutions. Judges use specific medical criteria (such as the Karnofsky scale) to evaluate whether someone meets the requirements, and can impose security measures if necessary. (Decree 5-2007, 2007)
- Regulation of the Disciplinary Regime for Persons Deprived of Liberty in the Prison System — This regulation establishes disciplinary rules for incarcerated persons in Honduran prisons. It defines what behaviors constitute violations (minor, serious, or grave), what sanctions apply to each, and guarantees fundamental rights such as dignified treatment, education, healthcare, and due process. It protects inmates against torture, discrimination, and abuse while maintaining order and security in penitentiary facilities. (Decree 64-2012, 2012)
- Acuerdo No. 2-2015 — Reglamento del Régimen Disciplinario de las Personas Privadas de Libertad del Sistema Penitenciario Nacional — This regulation establishes disciplinary rules for incarcerated persons in Honduras, regulating what conduct constitutes offenses (minor, less serious, and serious) and what sanctions can be applied. It protects the human rights of detainees, guarantees due process and judicial oversight, and prohibits torture and inhumane treatment. (Decree 2-2015, 2016)
- Acuerdo No. 01-2019 — Reglamento Especial del Régimen de Permanencia para Personas Privadas de Libertad de Alta Peligrosidad y Agresividad (Decree 01-2019, 2019)