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May 24, 2021In force

Agreement Number 01-2021

Poder Ejecutivo

  • Decree: 64-2012
  • Published: May 24, 2021
  • Issuing body: Poder Ejecutivo
  • Gazette: 35,608
  • Category: Criminal

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This law creates and organizes the National Penitentiary Academy, an institution responsible for training, training, and professionalizing penitentiary system personnel in Honduras. The Academy prepares penitentiary officers and agents through education programs, criminological research, and continuous improvement, ensuring they meet high standards in human rights, security, and penitentiary management.

Considerations

Whereas, pursuant to Legislative Decree number 64-2012, published in the Official Gazette La Gaceta number 32,990, dated December 3, 2012, the Law of the National Penitentiary System is created with the primary purposes of protecting society, rehabilitation, re-education, and social reintegration of persons sentenced to penalties and security measures, deprivation of liberty such as the retention and custody of all persons detained in preventive prison or serving sentences depriving them of liberty.

Whereas, it is the responsibility of the Board of Directors of the National Penitentiary Institute to approve and reform Regulations and Manuals for the application of the Law in accordance with the provisions established in Article 11, numeral 4, of the Law of the National Penitentiary System where the rules for the penitentiary system are prescribed.

Whereas, the Regulation of the Penitentiary Service Career in Article 43 establishes: The personnel that make up the organic, professional, and technical systems shall be provided with professional and comprehensive training in the different training and capacity-building centers, in national institutions necessary for their better performance according to the needs of the institution, without discrimination on grounds of race, sex, religion, language, political opinion, national or social origin, economic position, birth, disability, or any other reason.

Whereas, in accordance with Legislative Decree number 6-2017, published in the Official Gazette La Gaceta 34,276 dated February 27, 2017, in its Article 35A, it is established: "The National Penitentiary Academy is created as the body responsible for organizing, directing, executing, coordinating, and controlling the processes of training for penitentiary service career personnel. National Interinstitutional Security Force (FUSINA) Republic of Honduras."

Whereas, the Regulation of the Penitentiary Service Career in Article 15 establishes: The professional and technical training of penitentiary service career personnel is oriented toward the knowledge of penitentiary sciences, human security, human rights, and use of force for the analysis, decision-making, conduct of the exercise of management and the execution of functions in the operational, administrative, and technical areas, in addition to higher-level studies to respond to the demands of society's modernizing dynamics.

Whereas, by means of Executive Decree number PCM-068-2019 dated December 16, 2019, issued by the President of the Republic in Council of Secretaries of State, a State of Emergency in the National Penitentiary System was Decreed, for the purpose of accelerating the strengthening and assuring the improvement of a new penitentiary management system.

Whereas, by means of said Executive Decree, the intervention of the National Penitentiary System was ordered for a period of six (6) months, including the National Penitentiary Institute and the National Institute for Juvenile Offenders, appointing for such purpose an Intervention Commission comprised fully by the National Interinstitutional Security Force (FUSINA), which shall assume all legal competencies, both those established in the General Law of Public Administration and the special ones that govern this matter for the fulfillment of its purposes.

Whereas, by means of Executive Decree number PCM-102-2020 dated December 31, 2020, issued by the President of the Republic in Council of Secretaries of State, a Decree was issued to Extend the period of validity of the Intervention Commission of the National Penitentiary System until December thirty-first (31) of the year two thousand twenty-one (2021), which was created by means of Executive Decree Number PCM-068-2019, published in the Official Gazette "La Gaceta" on December 16, 2019, Edition No. 35,125.

Articles

Article 1.-

Objective. To establish the basic provisions that regulate the organization, administration and functioning of the National Penitentiary Academy in accordance with this regulation.

Article 2.-

Purpose. To establish the processes of administrative, academic, operative and functional management of the National Penitentiary Academy in accordance with the needs for training, instruction and development that penitentiary personnel and the penitentiary service career require. CHAPTER II OF THE SUPERIOR AUTHORITIES

Article 3.-

The personnel of the National Penitentiary Academy shall act in accordance with what is established in Article 3 of the Regulations of the Career of Personnel of the Penitentiary Service.

Article 4.-

The superior authorities of the National Penitentiary Academy are composed of:

  • 1)

    National Direction of the National Penitentiary Institute.

  • 2)

    Subdirection of Institutional Development.

  • 3)

    Direction of the National Penitentiary Academy. CHAPTER III OF THE DEFINITIONS

Article 5.-

For the purposes of application and interpretation of this Regulation, the following are defined in addition to the concepts stipulated in Article 4 of the Regulations of the Career of Penitentiary Service: a. Academy: Institution responsible for planning, organizing, directing, executing, coordinating and controlling the plans and programs for training and instruction of personnel of the Penitentiary Services Career and others in their different levels and areas. b. Programmatic Activity: These are artistic, scientific, cultural and sporting activities carried out by the teacher and instructor in the training process. c. Scholarship: It is the economic benefit intended to cover study expenses in whole or in part, inherent to the scholarship holder during their training or instruction, within or outside the country. d. Candidate for Promotion: It is a member of the Penitentiary Service Career who acquires the right to submit to the promotion process once they meet all and each one of the requirements of Law. e. Academic Council: Collegiate body, advisor to the Director of the National Penitentiary Academy in all matters concerning academics. f. Disciplinary Council: It is the principal body of consultation and verification of the application of the disciplinary regime. g. Course for Promotion: It is the training process to which personnel are subjected that is governed by the Law of the National Penitentiary System to be promoted to the immediately higher grade. h. Teacher: One who administers, organizes, directs, teaches or supervises education and whose profession is penitentiary teaching. i. Doctrine: Set of ideas, teachings and basic principles in the National Penitentiary System. j. Specialization: To cultivate with specialty a determined branch of penitentiary science. k. Teacher Evaluation: Method to determine the degree of performance and conduct of a teacher in the National Penitentiary Academy. l. Academic Event: It is an activity carried out in a period of time, related to training processes, instruction, updating and others. m. Induction: It is the process by which someone is taught and motivated to do something with a purpose. n. Instructor: Person in charge of instructing or teaching a technique or modality of a subject in both the theoretical and practical parts. o. Research: Process through which data or information of interest to the Penitentiary System is obtained. p. Professionalization: Process through which the skills and abilities of personnel of the Penitentiary Service Career are continuously improved. q. Administrative Week: Time allocated in the National Penitentiary Academy for newly admitted applicants to carry out all pending procedures and complete legal requirements. r. Academic Linkage: Set of actions and processes executed by the National Penitentiary Academy together with external sectors of the same.

Article 6.-

For the purposes of application and interpretation of this Regulation, the following principles are defined: a. Normative Framework and Scope of Application: The labor regime of personnel of the National Penitentiary Academy is regulated by the Law of the National Penitentiary System, the Civil Service Law, Regulations of the Career of Penitentiary Service Personnel, this regulation and supplementarily by the Labor Code. b. Legality: The regime of functioning of the Academy and the disciplinary regime shall be governed by what is provided in the Law of the National Penitentiary System, Regulations of the National Penitentiary Academy and the Law of the Career of Penitentiary Service Personnel, operational manuals, agreements and resolutions emanating from the authorities. c. Respect for Human Dignity: In the National Penitentiary Academy respect for dignity, Constitutional guarantees and human rights shall prevail without discrimination on grounds of race, sex, language, religion, political opinion, national or social origin, economic position, birth, disability or any other nature established in the treaties subscribed by Honduras. d. Continuity: It is the union that must prevail among the personnel of the Academy without interruption, thus contributing to the spirit of dedication to the academy and its sense of belonging. It is the provision of permanent services in accordance with the modality. e. Professionalism: It implies that each member of the National Penitentiary Academy, from the moment they enter the National Penitentiary Academy, has the obligation to provide their professional services as a primary and fundamental occupation in accordance with the grade and assignment of the position. f. Hierarchy: It is the order that exists in accordance with the grades and positions, which grants faculties, attributions, rights and duties, in accordance with the Law of the National Penitentiary System and Regulations of the Career of Penitentiary Service. It is the normativity that must be observed based on the order and chain of command among the different grades and ranks. g. Discipline: It is the observance of the laws and ordinances of the National Penitentiary Institute and the National Penitentiary Academy, based on the instruction of its personnel especially in moral matters, prompt and spontaneous obedience to a superior's requirement to do or refrain from doing something, developing courtesy among personnel of the different ranks and subranks. h. Non-Partisan Political Nature: It refers to being removed from all partisan political activity. i. Transparency: The personnel of the National Penitentiary Academy must carry out all their activities with due transparency in order to combat corruption permanently. j. Equality: It refers to the fact that all personnel of the National Penitentiary Academy are considered with equal opportunities of the same nature, with the same duties, rights, social recognition and all equal before the Law. k. Solidarity: It is helping, supporting, accompanying or having empathy with another person or groups of people who are in difficulty, in need or in a critical situation. l. Ethics: It is the set of customs and norms that regulate the conduct of men and women who provide service in the National Penitentiary Academy. m. Impartiality: It is the attitude that each official or employee of the National Penitentiary Academy must have when fulfilling their assigned mission or task, without leaning toward any natural or legal person. n. Equity: Quality of giving each one what they deserve based on their merits or conditions. o. Humanism: It is the attitude of every public servant to provide students, colleagues and visitors with the proper treatment that entails the respect that the inherent dignity of every human being deserves. The human person is the supreme end of society and the State, we all have the obligation to respect and protect them. The dignity of the human being is inviolable.

Article 7.-

The National Penitentiary Academy is created as a body responsible for organizing, directing, executing, coordinating and controlling the processes of training, professionalization, instruction and development of personnel of the penitentiary career.

Article 8.-

The National Penitentiary Academy is a body dependent on the National Penitentiary Institute; which is in charge of the selection, training, qualification, evaluation, professionalization and development of the human resources managed by the National Penitentiary System.

Article 9.-

The National Penitentiary Academy has as its mission the specialized technical training of personnel of the penitentiary career in order to satisfy the needs for qualified personnel to serve the processes of transformation, renovation and penitentiary reform.

Article 10.-

The National Penitentiary Academy has the following attributions: a. To select, train and qualify applicants to enter as personnel in the Career Service of the Penitentiary System. b. To improve and conduct educational evaluations of the National Penitentiary Institute personnel in any of the penitentiary areas. c. To organize and promote research in penitentiary science and policy. d. To promote academic exchange in penitentiary matters and related sciences, at national and international levels. e. To manage and promote agreements for cooperation and technical, academic, administrative and financial assistance with other academies and public or private institutions at national and international levels in fulfillment of their scope and objectives.

Article 11.-

The National Penitentiary Academy has the following objectives: a. To organize, direct, execute, coordinate and control the training processes of Personnel of the Penitentiary Service Career. b. To develop penitentiary research aimed at the continuous improvement of its academic quality and the performance of its personnel. c. To conduct linking and extension activities in penitentiary matters to contribute to the crime prevention policy in Honduras. d. To implement programs of cooperation and academic exchange in the judicial and security fields, as well as formal and informal education at both national and international levels.

Article 12.-

The National Penitentiary Academy has the following functions: a. To design and conduct the process of training, instruction, professionalization, development, specialization, evaluation and accreditation of personnel of the National Penitentiary System. b. To coordinate with the Direction of the National Penitentiary Institute the training of Penitentiary Career personnel to meet the demand for personnel in the National Penitentiary System. c. To present for approval the budgetary, administrative and academic projects to the National Penitentiary Institute. d. To schedule and hold national and international meetings on matters relating to training, instruction, criminological and penitentiary research and related sciences. e. To develop, promote and disseminate studies, scientific publications and research. f. To issue certificates in accordance with the programs of training, instruction, professionalization and other educational and academic activities in the penitentiary area. g. Other functions provided for in this regulation, by the Academic Council and by the National Penitentiary Institute.

Article 13.-

The National Penitentiary Academy is made up of the following bodies: a. Academic Council. b. Disciplinary Council. c. Direction. d. Subdirection. e. Subdirector for Academic Affairs. f. Command of the Corps of Cadets and Students. g. General Secretariat of the National Penitentiary Academy. h. Administrative Department. i. Department of Human Talent Management. j. Department of Planning and Development. k. Department of Research and Documentation. l. Department of Communications.

Article 14.-

The Academic Council constitutes the advisory body to the Direction of the National Penitentiary Academy and is the consulting entity in relation to the administration, planning, organization, development, evaluation and control of all academic processes carried out in the National Penitentiary Academy. The Academic Council is composed of the Heads of the following bodies and departments: a. President: Director of the National Penitentiary Academy. b. Vice President: Subdirector of the National Penitentiary Academy. c. Secretary: Head of the Department of Human Talent Management. d. Vocal I: Subdirector for Academic Affairs. e. Vocal II: Head of the Department of Research and Documentation. f. Vocal III: Head of the Department of Planning and Development. g. Vocal IV: Commander of the Corps of Cadets and Students.

Article 15.-

It is the responsibility of the Academic Council to: a. Approve the manuals, directives, internal regulations and resolutions that are necessary for the efficient functioning of the National Penitentiary Academy and its different departments. b. Preside over the graduations of the National Penitentiary Academy. c. Present the annual budget and budgets by programs. d. Define the administrative and educational policies of the National Penitentiary Academy. e. Know and endorse the academic plans. f. Approve the annual work plan of the National Penitentiary Academy. g. Know about the awarding of degrees, diplomas, certificates and mentions, in accordance with applicable norms. h. Approve the structure, contents, methodologies, duration and form of evaluation of the different programs of training, instruction, development, specialization and research that the National Penitentiary Academy proposes to execute. i. The other functions related to or complementary to the foregoing that are attributed to it by the institutional educational project and the Direction of the National Penitentiary Institute.

Article 16.-

The Academic Council must hold ordinary sessions at least (1) time per month and extraordinary sessions when convoked by request of the Director of the National Penitentiary Academy or three of its members. The quorum of the Council is considered validly constituted with the attendance of (3) of its members, plus the participation of the Director, and resolutions must be adopted by simple majority. In case of a tie, the Director has the tie-breaking vote.

Article 17.-

The Disciplinary Council is the multidisciplinary technical body responsible for hearing and sanctioning serious and less serious misconduct committed by cadets and students of the National Penitentiary Academy and is the principal body for consultation and verification of the application of the disciplinary regime.

Article 18.-

The Disciplinary Council is composed of the heads of the following departments and bodies:

  • a)

    President: The Sub-Director of the National Penitentiary Academy;

  • b)

    Vice-President: The Academic Sub-Director;

  • c)

    Secretary: The Head of the Department of Human Resources Management and Talent;

  • d)

    Member I: The Commander of the Corps of Cadets and Students;

  • e)

    Member II: The Head of the Department of Research and Documentation.

Article 19.-

The Disciplinary Council shall hold sessions to hear cases that, in accordance with the discipline regulations, the Council must hear, and extraordinary sessions when convoked by request of the Sub-Direction of the National Penitentiary Academy. The quorum of the Council is considered validly constituted with the attendance of (3) of its members, including the Sub-Director of the National Penitentiary Academy, and resolutions must be adopted by simple majority. In case of a tie, the Sub-Director has the tie-breaking vote.

Article 20.-

The Direction is the highest technical and administrative authority of the National Penitentiary Academy. It is responsible for the execution of academic policy, administrative policy, and decisions emanating from the Direction of the National Penitentiary Institute.

Article 21.-

To be Director of the National Penitentiary Academy, the following requirements are required: a. To be Honduran. b. To be in the full exercise of civil and political rights. c. Not to be an active member of other armed bodies. d. To be a professional with a university academic degree, with training in the areas of Penitentiary Sciences, Legal Sciences, Criminology, Psychology, Education Sciences, Administration, and related fields. e. To be a penitentiary official of the penitentiary career service. f. To have accumulated experience of no less than (5) years in the performance of executive positions, direction, advisory, consulting work in the public or private sector and/or teaching administration. g. To be of recognized integrity and of notorious good conduct.

Article 22.-

The functions of the Director(a) of the National Penitentiary Academy are: a. To direct the functioning of the National Penitentiary Academy and ensure its normal operation. b. To prepare and submit to the consideration of the Academic Council the projects and plans of the National Penitentiary Academy. c. To guarantee the normal development of the work programs of the National Penitentiary Academy. d. To supervise the achievement of general and specific objectives. e. To ensure compliance with regulatory provisions, decisions, and resolutions adopted by the Academic Council and Disciplinary Council. f. To promote and support the execution of programs developed by the different departments related to aspects of research on the penitentiary and prison reality of the country. g. To coordinate actions with the Judicial Branch and other State bodies that affect the penitentiary activity of the country in order to develop training programs. h. To recommend to the National Penitentiary Institute the hiring and appointment of directive, administrative, teaching, and research personnel of the National Penitentiary Academy. i. To prepare annually the budget project of the National Penitentiary Academy. j. To manage before the National Penitentiary Institute the resources and funds for the proper functioning of the National Penitentiary Academy for the execution of its educational, research, and administration programs. k. To prepare quarterly reports and the annual report of the activities carried out by the National Penitentiary Academy and present them to the Academic Council. l. To sign agreements and academic cooperation accords with public and private institutions, national and foreign, with prior authorization from the Academic Council. m. To perform the other functions that may be assigned to it in accordance with the regulations of the National Penitentiary Academy, the Academic Council, and the Law and regulations of the National Penitentiary Institute.

Article 23.-

The Sub-Direction is the second technical and administrative authority of the National Penitentiary Academy. It is responsible for the execution of academic-administrative policy and decisions emanating from the Direction of the National Penitentiary Academy.

Article 24.-

The Sub-Director of the National Penitentiary Academy must comply with the same requirements as the Director established in Article 21 of this Regulation. In the exercise of his/her position, he/she must cooperate with the Director in operational, administrative, and technical aspects that the Director assigns or are established in the National Penitentiary System Law and its Regulations, and shall substitute for the Director in cases of absence or physical or legal impediment.

Article 25.-

The functions of the Sub-Director of the National Penitentiary Academy are: a. To assume the functions of the Director of the Academy in his/her absence as established in Article 22 of this Regulation. b. To receive decisions and instructions from the Director of the National Penitentiary Academy and take appropriate actions and courses of action. c. To coordinate all work, projects, plans, or diverse activities of the Academy's departments. d. To communicate to the Director of the Academy every event related to the Academy. e. To advise the Director of the Academy for the efficient and effective fulfillment of the functions determined in the National Penitentiary System Law and its Regulations and others granted by other laws to penitentiary responsibility, as well as international agreements of which Honduras is a party. f. To participate in the creation of policies, strategies, plans, and instructions that contribute to obtaining better results. g. To supervise the achievement of general and specific objectives of the educational programs and projects of the National Penitentiary Academy. h. To recommend to the Direction of the National Penitentiary Academy the appointment of administrative, teaching, research, and communication personnel. i. To work jointly with the department coordinators of the National Penitentiary Academy in the proposal of the Annual Operational Plan (POA). j. To perform the other functions that may be assigned to it in accordance with the regulations of the National Penitentiary Academy, the Academic Council, and the Law and regulations of the National Penitentiary Institute. k. To coordinate with the leadership of the Corps of Cadets and Students each and every instruction emanating from the Direction, Academic Council, and Disciplinary Council.

Article 26.-

The Academic Sub-Direction has as its purpose to develop, execute, and evaluate the plans and programs of study for the formation, professionalization, training, and improvement of personnel of the Penitentiary Career Service, through the National Penitentiary Academy, coordinated with the teaching staff to develop the penitentiary formation curriculum in all its areas.

Article 27.-

To be Academic Sub-Director(a) of the National Penitentiary Academy, the following requirements are required: a. To be Honduran. b. To be in the full exercise of civil and political rights. c. To be a professional with a university academic degree in: Education Sciences, Educational Administration. d. To have accumulated experience of no less than (3) years in the performance of teaching administration duties, planning and curriculum development, with knowledge in pedagogical areas. e. To have knowledge and skills in the management of communication and information technologies. f. To have experience in public or private administration.

Article 28.-

The functions of the Academic Sub-Direction are: a. To direct the functioning of the Academic Sub-Direction, ensuring its normal operation. b. To organize, coordinate, supervise, and control the work of teaching personnel. c. To propose the appointment of teachers, lecturers, and other professionals for the development of professional subjects of the National Penitentiary Academy. d. To verify compliance with the programmed contents by the teaching personnel of the National Penitentiary Academy. e. To organize working meetings with the teaching staff to coordinate training activities. f. To supervise and control the attendance of teachers and students of the National Penitentiary Academy. g. To ensure the proper use of didactic resources. h. To analyze with the teaching staff the problems of teaching and learning to find new ways to improve the process. i. To promote among the teaching staff pedagogical training activities. j. To propose to the Director and Sub-Director the update of curricular contents in the study plans of the National Penitentiary Academy. k. To resolve problems posed by teachers and students within the limits of its competence. l. To prepare the annual budget of the department. m. To grant permits to personnel under its charge, teachers and students, and other functions assigned by the Director of the National Penitentiary Academy or the Academic Council. n. To execute initial formation courses, continuous and permanent formation courses as scheduled. o. To develop each year plans and programs of study for the formation and training of penitentiary personnel. p. To develop extension courses directed to university students and professionals in law, social work, education, psychology, medicine, and other branches related to penitentiary sciences. q. To organize seminars, round tables, and conferences on penitentiary topics. r. To plan external formation of the personnel of the National Penitentiary Academy and propose it to the Direction of the National Penitentiary Academy. s. To plan, organize, and coordinate the provision and use of materials, equipment, and facilities intended for the training of personnel of the National Penitentiary Academy. t. To propose to the Direction of the National Penitentiary Academy the technical and teaching personnel that will perform training functions. u. To prepare reports required by the Direction of the National Penitentiary Academy. v. To carry out other formation and training activities assigned by the Direction of the Academy and the Academic Council.

Article 29.-

The Department of Human Talent Management of the National Penitentiary Academy has as its purpose to plan and execute programs of recruitment and selection of technical and administrative personnel and applicants in all modalities required by the National Penitentiary Academy, as well as the monitoring and control thereof.

Article 30.-

To be coordinator of the Department of Human Talent Management(a) of the National Penitentiary Academy, the following requirements are required: a. To be Honduran. b. To be in the full exercise of civil and political rights. c. To be a professional with a university academic degree, with training in the areas of: Psychology, Penitentiary Sciences, Economic Sciences, Legal Sciences, Education Sciences, Industrial Engineering with Orientation in Human Resources Administration, and related fields. d. To have accumulated experience of no less than (3) years in the performance of human talent management work and personnel management. e. To have knowledge and skills in the management of communication and information technologies. f. To have experience in public or private administration.

Article 31.-

The functions of the Human Talent Management Department are: a. Design, formulate and develop recruitment and personnel selection systems for the National Penitentiary Academy, corps of aspirants and corps of cadets for penitentiary officers. b. Notify personnel when their vacation period is due. c. Control of personnel requesting leave and those who are incapacitated. d. Coordinate with the Human Resources Management of the National Penitentiary Institute the control of personnel transfers, hiring and termination of personnel at the National Penitentiary Academy. e. Prepare and maintain updated files for personnel of the National Penitentiary Academy. f. Prepare the service schedule for penitentiary officers and agents at the National Penitentiary Academy. g. Preparation of pre-payroll lists for administrative and operational personnel. h. Preparation of the annual work plan. i. Execute selection and evaluation systems for academic and support personnel. j. Be responsible for the processes of induction, evaluation, disciplinary regime, rights, obligations, salary scale structure and social benefits of the National Penitentiary Academy. k. Apply instruments designed for the selection of new personnel and the evaluation of existing personnel. l. Establish the personnel profiles for each position required by the National Penitentiary Academy. m. Maintain updated the database of candidates to fill positions within the National Penitentiary Academy. n. Present the reports required by the Director of the National Penitentiary Academy. o. Other functions assigned by the Director of the National Penitentiary Academy.

Article 32.-

The Planning and Development Department has as its purpose to plan, design and develop the annual plans (POA), programs and projects of the National Penitentiary Academy in conjunction with all departments of the National Penitentiary Academy.

Article 33.-

To be Coordinator of the Planning Department of the National Penitentiary Academy the following are required: a. Be Honduran. b. Be in full exercise of their civil and political rights. c. Be a professional with a university academic degree in: Industrial Engineering, Administration, Economic Sciences, Pedagogy, with orientation in planning and projects. d. Have accumulated experience of no less than (3) years in the performance of administration and planning tasks, projects and team management. e. Have knowledge and skills in the handling of information and communication technologies. f. Have experience in public or private administration. g. Other desirable requirements: self-organization, innovation, creativity, oral and written communication.

Article 34.-

The functions of the Planning and Development Department are: a. Plan, design and control the development programs of the National Penitentiary Academy. b. Monitor and evaluate quarterly, semi-annually or as required by the Director and Academic Council the plans and programs developed at the National Penitentiary Academy in all areas of execution. c. Design and make proposals related to organizational development, creation, modification and/or elimination of structures, positions and functions of the National Penitentiary Academy. d. Prepare the POA of the National Penitentiary Academy in coordination with the Director and other departments. e. Prepare the budget in conjunction with the Administration of the National Penitentiary Academy. f. Perform the functions assigned, inherent to the position and others assigned by the Director of the National Penitentiary Academy.

Article 35.-

The Administrative Department has as its purpose to coordinate and oversee the functioning of all activities involving the use of economic resources for the operation of the National Penitentiary Academy, in accordance with laws, regulations, norms and administrative procedures.

Article 36.-

To be Coordinator of the Administrative Department of the National Penitentiary Academy the following are required: a. Be Honduran. b. Be in full exercise of their civil and political rights. c. Be a professional with a university academic degree in: Administration, Public Finance, Accounting and other related fields. d. Have accumulated experience of no less than (3) years in the performance of administration, planning, accounting, auditing and other related tasks. e. Have knowledge and skills in the handling of information and communication technologies. f. Have experience in public or private administration.

Article 37.-

The functions of the Administrative Department are: a. Verify and oversee the functioning of all activities involving the use of economic resources of the National Penitentiary Academy in accordance with the State Contracting Law. b. Manage financially the movements related to appointments, resignations, vacations and leave. c. Ensure the maintenance and hygiene of the physical plant and equipment of the National Penitentiary Academy. d. Provide and facilitate petty cash funds in case they exist. e. Ensure an adequate system of supplies of materials required by the National Penitentiary Academy for its organization and operation. f. Record all accounting activities derived from the operation of the National Penitentiary Academy in financial matters. g. Prepare reports of income and expenses of the budget allocated to the National Penitentiary Academy. h. Recommend modifications to systems and procedures aimed at increasing the efficiency and effectiveness of the general functioning of activities. i. Perform reconciliations of the accounts of the National Penitentiary Academy. j. Any other activity assigned by the Director of the National Penitentiary Academy and those inherent to the position.

Article 38.-

The Communications Department has as its objective to disseminate, both internally and externally of the National Penitentiary Academy, through various information media, the academic institutional work, the importance and results of the training, updating and capacity-building of personnel of the Penitentiary Service Career.

Article 39.-

To be Coordinator of the Communications Department of the National Penitentiary Academy the following are required: a. Be Honduran. b. Be in full exercise of their civil and political rights. c. Be a professional with a university academic degree in: Bachelor of Social Communication, Journalism, Advertising or other positions related to the role. d. Have knowledge and skills in the handling of information and communication technologies. e. Preferably knowledge of the English language. f. Other requirements: oral and written communication, self-organization, innovation and creativity.

Article 40.-

The functions of the Communications Department are: a. Manage the external and internal institutional communication of the National Penitentiary Academy. b. Be responsible for the social visibility of the National Penitentiary Academy and the protection of its public reputation. c. Direct and execute the directives of protocol events held at the National Penitentiary Academy. d. Establish a healthy and fluid system of internal communication that maintains institutional cohesion, adherence to the mission and vision of the Academy, as well as the medium and short-term strategic goals. e. Disseminate training programs to attract people, teachers and students to the National Penitentiary Academy, as well as penitentiary personnel in service. f. Develop penitentiary dissemination programs that contribute to the change of culture regarding persons deprived of liberty and their rights to be respected. g. Promote communication activities and products that contribute to the social revaluation of penitentiary personnel.

Article 41.-

The Research and Documentation Department has as its purpose to: Direct the functioning of Research, Documentation and Publication, controlling scientific activities in penitentiary and criminological aspects.

Article 42.-

To be Coordinator of the Research and Documentation Department of the National Penitentiary Academy the following are required: a. Be Honduran. b. Be in full exercise of their civil and political rights. c. Be a professional with a university academic degree preferably in: Legal Sciences, Psychology, Social Sciences, Psychiatry, Criminology, Education Sciences. d. Have accumulated experience of no less than (3) years in the performance of research, library, publications, documentation or related positions. e. Have knowledge and skills in the handling of information and communication technologies. f. Have experience as a Researcher in the areas of Criminology, Penitentiary Sciences, Criminal Sciences.

Article 43.-

The functions of the Research and Documentation Department are: a. Develop research policies in the criminological and penitentiary areas. b. Program, direct and evaluate research conducted by contracted researchers. c. Foster scientific exchanges and criminological and penitentiary research with national and foreign institutions that develop similar activities. d. Promote research to develop educational and business projects, to be executed in penitentiary facilities. e. Disseminate criminological and penitentiary information, publishing the results of studies and research conducted. f. Identify critical problems in the areas of administration, public service, security, penitentiary treatment and others and develop research that allows optimization of human resources and services. g. Present its work plan for approval by the Academic Council. Conduct scientific events with the objective of analyzing and disseminating topics of criminological and penitentiary interest. h. Present research projects to the Director of the National Penitentiary Academy for consideration and submission to the Academic Council and manage them. i. Advise the Academic Council, the General Director of the National Penitentiary Academy and other departments in decision-making regarding training, education and research programs to be implemented. j. Develop draft agreements, treaties, protocols and contracts to be executed by the National Penitentiary Academy. k. Collaborate in the development of laws, regulations and resolutions that affect the better functioning of the Penitentiary System. l. Participate in international events related to criminological and penitentiary issues, through its researchers. m. Acquire and classify books, specialized magazines and other publications related to penitentiary and criminological aspects. n. Support the work of the Academy departments with timely and updated information through electronic media. o. Implement the Department, installing the Penitentiary Documentation Center, the Library and the Publications Unit. p. Compile and organize documentation generated by the Academy departments as well as those from other national and international organizations related to criminological and penitentiary aspects. q. Acquire and classify specialized magazines. r. Define and promote the institutional doctrine of the penitentiary system, the National Penitentiary Academy and penitentiary career personnel. s. Establish contact and exchanges with libraries and documentation centers of Penitentiary Academies of other countries. t. Prepare informational bulletins about new acquisitions. u. Reproduce material on penitentiary training and research for dissemination and exchange purposes. v. Prepare lists of books and documents that can be acquired through donations in order to propose them to the Director of the Academy. w. Propose to the Director of the Academy the technical personnel necessary to perform functions in the Library, the Documentation Center and the Publications Section.

Article 44.-

The Command of the Corps of Cadets and Students has as its main function the command, control and supervision of all operational activities of the corps of cadets and students in all matters related to discipline, close order, academic instruction, command and leadership and all those related to the internal regime of the National Penitentiary Academy.

Article 45.-

To be Commander of the Corps of Cadets and Students the following are required: a. Be Honduran. b. Be in full exercise of their civil and political rights. c. Be a penitentiary official of the penitentiary career service. d. Hold a minimum rank of Penitentiary Superintendent. e. Have accumulated experience of no less than (3) years in the performance of operational penitentiary functions, security, direction, command and personnel leadership. f. Be a professional with a university academic degree with training in the areas of: Penitentiary Sciences, Legal Sciences, Criminology and related disciplines. g. Be of recognized honorability and notoriously good conduct. h. Have knowledge and skills in personnel command and direction. i. Have experience in the direction of penitentiary units, operational and security functions.

Article 46.-

The functions of the Command of the Cadet and Student Corps are: a. To exercise control and supervision of all operational activities of the cadet and student corps in all matters pertaining to discipline, close order, academy instruction, command and leadership, and all those related to the closed regime of the institution. b. To coordinate all activities related to the student body of the National Penitentiary Academy. c. To keep the Director and Assistant Director informed of everything related to the student corps. d. To supervise compliance with the Disciplinary Regulations of the Academy. e. To manage in advance scholarship procedures for students of each course before the Direction of the National Penitentiary Academy in coordination with the Administrative Department and Human Resources. f. To request in advance all material resources, supplies, and equipment necessary for the development of the courses. g. To supervise and control the work performed by tactical officers. h. To serve as liaison between students and authorities according to the chain of command. i. To be responsible for maintaining a daily record in which he/she evaluates both the positive and negative aspects of the students (evaluation sheet). j. To present to the Assistant Direction of the Academy all types of absenteeism, permits, absences, medical leave, and weekend outings. k. To elevate to the Assistant Direction of the Academy any unforeseen need that arises. l. To consolidate and coordinate any requests, complaints, observations, and suggestions from the students. m. To integrate and form the Internal Promotion Committee of the Cadets.

Article 47.-

The Promotion Committee for Cadets of the National Penitentiary Academy is the evaluating board of personnel dependent on the command of the Cadet and Student Corps that is formed temporarily, with the purpose of regulating, organizing, and ranking the process of command and leadership of the Cadets, in accordance with the qualities, attitudes, conduct, and special characteristics that derive from behavior as an incentive to discipline and the cadet training process.

Article 48.-

The Direction of the National Penitentiary Academy shall be performed by a professional from the Penitentiary Career Service, while the hierarchy of career personnel is developed and structured in its different ranks and grades, in which case it must be performed by a member of the officer personnel with a penitentiary rank of Intendent at minimum.

Article 49.-

The present Regulations on Organization and Functioning of the National Penitentiary Academy shall enter into force as of its publication in the Official Gazette (Diario Oficial de La Gaceta) and shall be executed immediately. Done in the city of Tegucigalpa, municipality of the Central District, on the eleventh (11) day of the month of May of the year two thousand twenty-one (2021). BRIGADIER GENERAL MARIO ARNALDO BUESO CABALLERO COORDINATOR EHO-2295 POLICE COMMISSIONER HUGO SALVADOR VELÁSQUEZ MORENO MEMBER PNHO-0194 COLONEL OF INFANTRY D.E.M EDILBERTO MONCADA HERNÁNDEZ MEMBER EHO-2235 COLONEL OF INFANTRY D.E.M MANUEL AMAYA SECRETARY EHO-2388

Notes

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