Decree No. 101-2015 Labor Law for Persons Deprived of Liberty
Congreso Nacional
- Decree: 101-2015
- Published: May 14, 2012
- Issuing body: Congreso Nacional
- Category: Criminal
Summary
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.
Considerations
Whereas pursuant to 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 diverse conventions, commitments and international 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 are established minimum principles and norms regarding the right and duty of work and the treatment, rights and obligations of persons deprived of liberty, making desirable the establishment in Article 37 of the American Declaration of the Rights of Man when expressing "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 Law of the Penitentiary System determines the attributions and functions of the authority to execute activities for the protection of society and the rehabilitation, reduction, and social reintegration of persons sentenced to penalties and security measures depriving them of liberty, 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, a situation that is generalized in all penal centers, converting said centers into veritable schools of crime, thereby losing one of the purposes of prison sentences such as 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 it corresponds to the National Congress the power established in Article 205 Section 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 differential treatment based on prejudices and stigmas mainly for reasons 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 regime of permanence for inmates of high dangerousness and aggressiveness in maximum security facilities.
OBJECTIVES. The objectives of this Law are the following:
- 1)
Generate economic resources to cooperate with the maintenance expenses of the person deprived of liberty and promote self-sufficiency in food production;
- 2)
Prevent violence within penitentiary facilities;
- 3)
Reduce crime indices of criminal acts that are planned from within penitentiary facilities;
- 4)
Strengthen the frameworks of discipline to prevent abuse and internal irregularities;
- 5)
Promote the rehabilitative and re-educational work of persons deprived of liberty;
- 6)
Generate conditions for the realization of productive work;
- 7)
Facilitate knowledge, skills and abilities necessary for work in deprivation of liberty and post-penitentiary;
- 8)
Establish inter-institutional, regional and local coordination to promote rehabilitative and re-educational work;
- 9)
Generate the work habit as a process of rehabilitation and re-education in persons deprived of liberty;
- 10)
Promote the revaluation of persons deprived of liberty as subjects of human rights; and,
- 11)
Establish a special system for persons deprived of liberty of high dangerousness and aggressiveness.
SCOPE OF APPLICATION. All activities relating to work in public works or in other types of activities that benefit the community, within or outside penitentiary facilities, are subject to the regulation of this Law, under the modalities that permit the characteristics of each facility. Likewise, the measures established in this Law must be applied to persons deprived of liberty who, by resolution of competent authority or in cases determined by Law, must be subjected to a special regime of permanence for inmates of high dangerousness and aggressiveness.
DEFINITIONS. For the purposes of this Law, the following is understood as:
- 1)
Person Deprived of Liberty: Any person who is confined in a penitentiary facility, by order of a judicial authority by means of a final condemnatory sentence.
- 2)
Penitentiary Work: It is understood as such the activity or set of these performed by persons deprived of liberty, within penitentiary facilities.
- 3)
Special Regime of Permanence for Persons Deprived of Liberty of High Dangerousness and Aggressiveness: It is that directed to persons deprived of liberty who, by resolution of competent authority, through 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.
- 4)
Person Deprived of Liberty of High Aggressiveness: Status declared by competent authority, following expert opinion, by which it is established that a person deprived of liberty under normal conditions possesses behavior from which, with great probability, harm may result against any of the persons deprived of liberty, visitors to the penitentiary or detention facility, penitentiary officials, against their own life or against society in general.
- 5)
Person Deprived of Liberty of High Dangerousness: For the purposes of this Law, any person who, by virtue of a final court sentence, is serving a prison sentence for belonging to a criminal organization, illicit association or criminal group is considered a person deprived of liberty of high dangerousness. In these cases, the special regime of permanence must be determined in accordance with what is established in Article 10 of this Law.
- 6)
Criminal Organization, Illicit Association or Criminal Group: It is 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 offenses, in accordance with what is established in the Penal Code and the United Nations Convention Against Transnational Organized Crime.
- 7)
Competent Authority: Competent authority is understood as the judicial authority. CHAPTER II OF THE WORK SYSTEM FOR PERSONS DEPRIVED OF LIBERTY
WORK REGIME. The Work Regime for persons deprived of liberty must be elaborated and implemented in all penitentiary facilities, with a duration of five (5) daily hours except on Sunday and days of conjugal visits or the time 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, within each penitentiary facility and with other State Secretariats, the design and execution of work projects for persons deprived of liberty subject to this Law. Those who suffer from an illness that makes it impossible for them to perform these works are exempt, instituted by other appropriate work within the facility. Persons who in accordance with the Law of the National Penitentiary System and its Regulation are exempt from the obligation to work 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:
- 1)
It must not have an afflictive character, but rather one of rehabilitation and/or training;
- 2)
All persons deprived of liberty must work with special consideration to their physical and mental aptitude;
- 3)
Penitentiary Work must provide professional training in some useful trade to persons deprived of liberty; and,
- 4)
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 collaborate with the Facility and have a good conduct record. Such benefits may consist of:
- 1)
Additional family visits on special days and hours;
- 2)
Extension of the regulatory schedule for the development of educational, cultural, sports and recreational activities;
- 3)
Prioritization in obtaining scholarships; and,
- 4)
Access to training, education and/or educational activities.
SANCTIONS. The non-compliance with the provisions of this Law by persons deprived of liberty shall incur the disciplinary and administrative responsibility that is appropriate, without prejudice to the criminal responsibility that corresponds in accordance with the current legal system. These measures include the suspension of the incentives enumerated in the preceding 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 shall be developed in the Penitentiary Facilities of the country:
- 1)
Isolated confinement in special maximum security cell pavilion;
- 2)
Restriction of their freedom of movement within the Facility;
- 3)
Prohibition of possessing or carrying computers, televisions, audiovisual equipment and other electronic devices;
- 4)
Restriction of written material, which must be authorized by the competent authority;
- 5)
Only internal and supervised telephone communications are permitted, properly monitored;
- 6)
In no case shall conjugal or intimate visits be permitted;
- 7)
Physical exercise must be restricted, outings to external areas and they must be separated from the rest of persons deprived of liberty, avoiding physical contact among them;
- 8)
They shall enjoy one hour per day to receive sunlight;
- 9)
After the use of personal cleaning utensils, whether disposable or not, they must be immediately removed from the Person Deprived of Liberty and made available to them daily only for the time necessary to execute said action;
- 10)
The entry of money in cash 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
Reform Articles: 8 by adding numeral 21) and correcting the numbering in their respective order of said article; 9 by adding numeral 14) and correcting the numbering in their respective order of the related article; 16 numerals 6), 9) and 17) by adding numeral 19) and correcting the numbering in their respective order of the referred article; 33 by adding numeral 18) and correcting the numbering in their 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 of May 14, 2012, which must be read as follows:
The National Penitentiary Institute has the following Powers: 1):... 2):... 3):... 4):... 5):... 6):... 7):... 8):... 9):... 10):... 11):... 12):... 13):... 14):... 15):... 16):... 17):... 18):... 19):... 20):... 21) Prepare, approve and execute work system programs for Persons Deprived of Liberty in penitentiary facilities throughout the country; and, 22) The other powers established by this Law and its Regulations in accordance with it".
The National Penitentiary Institute (INP) has the following bodies: 1) :... 2) :...; 3) :...; 4) :...; 5) :...; 6) :...; 7) :...; 8) :...; 9) :...; 10) :...; 11) :...; 12) :...; 13) :...; 14) 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 are established in the Regulations. The Regulations of this Law must establish the organization and operation of the departments and units indicated in this Article".
The National Director is responsible for:
- 1)
:...;
- 2)
:...;
- 3)
:...;
- 4)
:...;
- 5)
:...;
- 6)
Create, expand, reduce, suppress or modify the dependencies of penitentiary facilities, of the National Penitentiary Institute (INP) for the fulfillment of security measures, as well as their powers;
- 7)
:...;
- 8)
:...;
- 9)
Prepare the plans, programs and projects necessary for the fulfillment of the purposes of the Institute, and present to the Board of Directors technical, financial and accounting reports as required;
- 10)
:...;
- 11)
:...;
- 12)
:...;
- 13)
:...;
- 14)
:...;
- 15)
:...;
- 16)
:...;
- 17)
Sign agreements and cooperation or collaboration 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;
- 18)
:...;
- 19)
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 blackboards, recycling of organic and inorganic material, work in construction and reconstruction activities of raw material necessary for these purposes, such as: block manufacturing, brick making, digging trenches, sand movement and any other raw material for construction; and, 20) The other powers established by this Law and its Regulations in accordance with it".
The duties and responsibilities of the Directors of penitentiary facilities are: 1) :..., 2) :..., 3) :..., 4) :..., 5) :..., 6) :..., 7) :..., 8) :..., 9) :..., 10) :..., 11) :..., 12) :..., 13) :..., 14) :..., 15) :..., 16) :..., 17) :..., 18) Execute, supervise and guarantee the implementation of work programs issued by the Board of Directors of the National Penitentiary Institute; and; 19) The other powers established by this Law and its Regulations in accordance with it. The Deputy Director must cooperate with the Director in the administrative and technical matters assigned to them or established in this Law and its Regulations and substitutes for them in cases of absence or physical or legal impediment".
Work is a right and a duty....: 1):..., 2) Not be demeaning; 3):..., 4):..., 5) Must be remunerated, except when it comes to activities 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 five (5) daily hours except on Sunday and days of conjugal visits and the schedule corresponding to family and spiritual visits, for Persons Deprived of Liberty, is the responsibility of the Execution Judge, in accordance with what is provided in the applicable criminal laws.
BUDGET. For the purposes provided in this Law, the State Secretariats must channel the necessary budgetary funds to link and make viable the implementation of the programs of the Special Work Regime for Persons Deprived of Liberty in those matters within their competence.
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 of two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PEREZ LOPEZ SECRETARY JOSE TOMAS ZAMBRANO MOLINA SECRETARY To the Executive Branch Therefore: Let it be executed. Tegucigalpa, M.D.C., December 7, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO
Related laws
- Legislative Decree No. 208-2026 — Special Law for the Fight Against Terrorist Associations, Maras and Gangs — This law establishes severe measures against terrorism, gangs and organized crime in Honduras. It requires members to be held in maximum security solitary confinement with no visits or communication. It also authorizes the government to declare "High-Risk Territories" for police-military operations, restricts motorcyclists in affected areas, and protects the identity of judges who try terrorists. (Decree 208-2026, 2026)
- Decree No. 66-2022 repealing articles contained in Legislative Decrees relating to the creation of trust contracts — This decree eliminates the laws that allowed the creation of trusts using public funds. It also requires that administrators of existing trusts hire independent auditors certified by the National Commission of Banks and Insurance to review how those public funds are being used. (Decree 66-2022, 2023)
- Special Law against Money Laundering (Decree No. 144-2014) — This law fights money laundering and terrorist financing in Honduras. It establishes rules that banks, financial companies, and other institutions must follow to detect, report, and prevent suspicious illegal money activities. It protects the national financial system. (Decree 144-2014, 2015)
- Special Law against Money Laundering — This law establishes rules to prevent and detect money laundering and terrorist financing in Honduras. It requires banks, insurance companies, financial institutions and other entities to report suspicious transactions, verify customer identity, and maintain detailed records. (Decree 144-2014, 2016)
- Labor Law for Persons Deprived of Liberty and High-Risk Inmates — 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. (Decree 101-2015, 2015)