Special Regulation for the Operation of the National Penitentiary System

This General Regulation shall be applicable to all persons deprived of liberty confined in the National Penitentiary System, whose guidelines shall be executed by managerial, administrative, technical, and security personnel; and complied with by the population deprived of liberty. The purpose of this Regulation consists of guaranteeing the security, order, and discipline of persons deprived of liberty within penitentiary establishments, with strict adherence to the rights and guarantees established in national and international legislation on the matter.

The National Penitentiary System shall be provided with all necessary instruments for compliance with this normative.

Only the Directors of Penitentiary Establishments have the authority to apply disciplinary sanctions to persons deprived of liberty, and must previously hear from the psychological personnel and the alleged offender, communicating such sanctions to the director of the National Directorate and to the Execution Judge.

Persons deprived of liberty who are resident, habitual, and in general, those who in the judgment of the Interdisciplinary Technical Council, by means of diagnosis demonstrates elevated dangerousness and violent conduct must be classified in a higher degree in a special sector, always in strict adherence to their human rights. CHAPTER II RIGHTS AND OBLIGATIONS FOR PERSONS DEPRIVED OF LIBERTY: RIGHTS

Persons deprived of liberty shall have the following rights:

• a)

  To be provided with a booklet containing the rights and duties that correspond to them and the disciplinary procedures, which shall be duly explained by the Official who receives them;

• b)

  To receive assistance from their Lawyer or Public Defender in the respective visiting areas, or in the place designated by the Director of the Establishment if necessary, except in those cases where force majeure or fortuitous event duly justified warrant restricting the right;

• c)

  Use of the conjugal quarters during the established days, for a period of two (2) hours and in accordance with the capacity of the Penitentiary Establishment, without restrictions other than those indicated by physicians or by disciplinary measures established in this regulation;

• d)

  Periodic ordinary visits from family members, institutional and private visitors depending on their good behavior, for a period of four (4) hours and in accordance with the capacity of the Penitentiary Establishment. In case the Penitentiary Establishment is insufficient to accommodate all visitors, it shall be considered that visiting persons whose surname begins with letters "A" through "L" shall have visitation during morning hours; and visiting persons whose surnames begin with letters "M" through "Z" shall have visitation during afternoon hours. Nevertheless, extraordinary visits may be received in circumstances qualified as such, such as in cases of illness proven by the physician;

• e)

  To be provided adequate food at the Penitentiary Establishment; however, their family members may provide food that they deem necessary, provided it does not pose a risk to the security of the establishment and their own health;

• f)

  To participate in labor training programs, education, sports, and in general all programs developed in the penitentiary system aimed at rehabilitation;

• g)

  Access to libraries, as well as to acquire books, newspapers, magazines, and educational material on loan;

• h)

  To form associations to conduct work and projects within penitentiary establishments, provided such activities have rehabilitation purposes and provide assistance to their family members; funds arising from developed activities shall be managed in special accounts administered by penitentiary personnel;

• i)

  To receive medical assistance; and j) All other rights established in the Constitution of the Republic, applicable Laws, and International Treaties subscribed to by Honduras on the matter. OBLIGATIONS:

The following are enforceable obligations of persons deprived of liberty:

• a)

  To observe compliance with this regulation and other norms and instructions from the corresponding authorities;

• b)

  To collaborate with the authorities of the center for the maintenance of hygiene, health, order, discipline, and security of the Establishment;

• c)

  To maintain their personal hygiene;

• d)

  To conserve the materials provided by the Authorities of the Penitentiary Establishment;

• e)

  To preserve the physical facilities of the Establishment;

• f)

  To maintain order, cleanliness, hygiene, and security in the quarters where they are assigned;

• g)

  To respect the physical integrity of their peers, penitentiary personnel, and visitors in general;

• h)

  To participate in penitentiary orientation programs developed in the Establishment, cultural and rehabilitation programs;

• i)

  To work on public works planned by the Directors, within the Establishments, in collaboration with the Municipalities and other State institutions;

• j)

  All other obligations established in the Constitution of the Republic, applicable Laws and International Treaties, and sentences handed down by Courts and Tribunals and international treaties subscribed to by Honduras. CHAPTER III SECTION ONE: WORK SECTOR

Work is mandatory for all sentenced persons deprived of liberty and voluntary for persons under investigation, to whom the opportunity shall be provided to participate in activities developed within the Establishments and shall be recognized as part of the treatment, so that the sentenced person may advance one or two of the stages of such treatment. The National Directorate shall organize the different modalities that may be possible to implement in the establishments, in accordance with the operational plans and budgets allocated for such purpose by the Secretariat of State in the Office of Security. The Secretariat of State in the Office of Security, through the General Directorate of Special Preventive Services, shall manage the execution of cooperation agreements with other State organs, so that in some activities they carry out, labor from persons deprived of liberty may be employed.

The National Director of Special Preventive Services is authorized to manage with Private Enterprise, Non-Governmental Organizations, and others from civil society the support for developing activities aimed at rehabilitation of persons deprived of liberty for their social reintegration. SECTION TWO OF PRODUCTIVE PROJECTS

For the occupation of the population deprived of liberty, productive projects of different types shall be developed in the different Establishments, which shall operate under the direction and supervision of the Department of Rehabilitation and Social Reintegration. The funds arising from productive projects shall be administered separately from the income received by the Penitentiary Establishments as State allocations for current expenses; for this purpose they shall have their own accounting system and shall be deposited in separate special accounts by project. Of the profits obtained from productive projects, twenty percent (20%) shall serve to support minor needs that arise in the Establishments and the remaining eighty percent (80%) shall be used for reinvestment with the purpose of growth and diversification.

It is prohibited for Administrators of Productive Projects to make use of funds for activities not authorized in this Regulation and to make investments without authorization from the Department of Social Rehabilitation. It is likewise prohibited to grant royalties or donations of products without authorization from the Department of Social Rehabilitation, which shall previously evaluate the financial status of each project. For better control over product exits, every person upon leaving a Penitentiary Establishment carrying products must show the respective invoice or receipt; otherwise the products shall be seized until the purchase receipt is presented. SECTION THREE OF PECULIUM

The peculium of the Person Deprived of Liberty shall consist of salary allocations paid to them for work carried out in collaboration with the Municipalities or other State Institutions.

All monetary income received by the person deprived of liberty, whether by way of peculium or commercial activities within the Establishment or in fairs promoted by the Directors, shall be taxed at 10% which shall be used for the creation of industrial and artisanal workshops that shall serve for rehabilitative work of the entire penitentiary population.

Upon this Regulation coming into effect, no person deprived of liberty may maintain or carry money, therefore they are obligated to deposit such amounts in special deposit accounts; they shall be given a receipt and their respective debit card with which they may purchase in the Commissaries installed in each area where they are residing.

Persons deprived of liberty who are permitted to install industrial, artisanal workshops, or carry out any other economic activity may acquire raw materials through the administration of the Penitentiary Establishment, which shall debit from their cards the amounts to be paid to suppliers.

All owners of industrial or artisanal workshops, and those engaged in other economic activities shall pay 10% on the value of purchases they make to contribute to the operational expenses of the Establishments.

The relatives of persons deprived of liberty may make their contributions in special accounts, funds which shall be credited to the recipient at the time of deposit, delivering to the depositor a corresponding receipt.

The penitentiary authorities shall issue the corresponding manuals for the administration of special account funds and shall be attached to this Regulation. Administrators are obligated to present the corresponding monthly reports regarding the handling of special funds, which shall contain expense settlements with their respective supporting documentation. CHAPTER IV SECTION ONE, DISCIPLINE

The disciplinary system for persons deprived of liberty shall be directed at guaranteeing security and good order within Penitentiary Establishments and at obtaining an orderly and peaceful coexistence in such a manner that the sense of responsibility and the capacity for self-control are fostered as necessary prerequisites for the realization of the purposes of penitentiary activity.

The disciplinary system shall apply to all persons deprived of liberty who violate the established norms regardless of whether their legal status is that of defendants or convicted persons, both within the Penitentiary Establishment and during transfers or other moments while they are subject to the system.

Discipline shall be applied by the Director of the Penitentiary Establishment, after previously hearing the person deprived of liberty and listening to the technical opinions of the psychopedagogical team. Every disciplinary sanction applied to the person deprived of liberty shall be brought to the attention of the Enforcement Courts and the same shall be added to the respective file.

All forms of disciplinary sanctions involving cruel, inhumane, or degrading treatment are strictly prohibited and are contrary to penitentiary regulations and other applicable laws. Similarly, the use of force against persons deprived of liberty is prohibited except to the extent absolutely necessary to maintain order.

The discipline of persons deprived of liberty in the Penitentiary Establishments of the country shall be applied in strict compliance with this present normative and applicable Laws. SECTION TWO INFRACTIONS

Infractions are classified as:

• a)

  Minor;

• b)

  Less Serious;

• c)

  Serious. Recidivism in the commission of the same, shall give rise to the application of the immediate superior sanction in accordance with the order previously described.

MINOR INFRACTIONS ARE:

• a)

  Failure to respect the programmed schedules related to the functioning, order, discipline, and security of the Penitentiary System; as well as failure to obey instructions and convocations for the development of various activities except for duly justified cause;

• b)

  Failure to comply with hygiene rules related to the cleanliness of bed linen, clothing, and other similar items of personal use and those instructed by Penitentiary Authorities;

• c)

  Failure to appropriately perform the obligations of cleaning or maintenance of cells and personal hygiene;

• d)

  Disturbing tranquility with shouts or loud noises;

• e)

  Formulating petitions or claims in an inappropriate manner;

• f)

  Failure to show due respect in actions or words before authority;

• g)

  Failure to immediately report to penitentiary personnel any defect or deterioration produced in the place of accommodation;

• h)

  Smoking in unauthorized places or times;

• i)

  Feigning illness for the improper obtaining of medications, or to evade an obligation inherent to the interior regime of the Penitentiary Establishment.

LESS SERIOUS INFRACTIONS ARE:

• a)

  Refusing medical examination upon admission or readmission to the Establishment and those required for preventive health purposes;

• b)

  Unjustifiably refusing to personally perform cleaning or maintenance tasks assigned to them;

• c)

  Hindering the execution of administrative acts;

• d)

  Engaging in prohibited games, as well as organizing for betting purposes those that were authorized;

• e)

  Petitioning collectively, directly or indirectly in oral or written form employing violence;

• f)

  Making electrical, telephone, or water connections without authorization;

• g)

  Clandestinely taking food, materials, and equipment belonging to the Administration;

• h)

  Showing aggressive behavior during and after the development of sports practices;

• i)

  Using equipment or machinery without proper authorization;

• j)

  Divulging news, records, or false data with the intent to undermine the functioning or prestige of the Penitentiary Institution;

• k)

  Disobeying orders received from Authorities in the legitimate exercise of their attributions or passively resisting their compliance;

• l)

  Carrying or maintaining money in any amount in their possession;

• m)

  Causing damage through negligence to the movable property of the penitentiary establishment, as well as to the furnishings or belongings of other persons;

• n)

  Promoting criminal actions against visitors; o) Refusing to attend activities related to work, education, social assistance, spiritual and others that are for the benefit in the rehabilitation and reintegration process; p) Intimidating or threatening physically or psychologically other persons deprived of liberty to perform tasks in their replacement or for their personal benefit; q) Disrupting the order or security of the Penitentiary Establishment, inciting or participating in fights, without injuries being produced; r) Failure to comply with personal hygiene measures and those of the Establishment, as well as those instructed by the Penitentiary Authority; s) Cooking in unauthorized places and times.

SERIOUS INFRACTIONS ARE:

• a)

  Attempting or carrying out an escape, collaborating in it or possessing elements for these purposes;

• b)

  Inducing or participating in riots, plans, or collective disorders when these have occurred;

• c)

  Detaining, assaulting, coercing, or threatening Penitentiary Officials or other persons;

• d)

  Executing actions that are potentially dangerous for transmitting diseases to other persons;

• e)

  Resisting through physical violence the compliance with orders legally issued by competent Officials;

• f)

  Intentionally causing workplace accidents or of any other nature that damages the physical integrity of third parties;

• g)

  Preparing, consuming, or collaborating in the preparation of alcoholic beverages or toxic substances, or adulterating food and drinks with these same purposes;

• h)

  Introducing, consuming, being recipient of, or intervening in the introduction of drugs, alcoholic beverages, toxic inhalant substances, or medications not authorized by the medical service;

• i)

  Introduction of photographic or video cameras, mobile telephones, or other objects considered harmful to their physical integrity, of persons who work, reside, and visit, otherwise; the Penitentiary Authority shall proceed to their seizure and subsequent destruction before the corresponding authorities;

• j)

  Planning or proposing to any person acts against the security and order of the Penitentiary Establishments, or for the commission of criminal actions inside or outside of this;

• k)

  Returning to the Penitentiary Establishment on the occasion of exits authorized by current legislation, in a state of inebriation or under the effect of drugs or toxic inhalant substances;

• l)

  Proposing to the Penitentiary Authority, participating directly or indirectly, in escapes or other illicit actions;

• m)

  Being absent without permission from the Penitentiary Authority from the zones where they are permitted to remain, in the case of persons deprived of liberty in minimum security or in pre-release.

The sanction shall be appropriate to the gravity of the infraction committed and to the damages and losses caused. For the determination of the sanction to be applied, consideration shall be given to the degree of participation, the motives that impelled the act, and the other personal conditions of the inmate.

The sanctions or disciplinary measures to be imposed for the commission of infractions in general are:

• a)

  Admonition;

• b)

  Deprivation of recreation and sports;

• c)

  Execution of hygiene services;

• d)

  Suspension of exits;

• e)

  Deprivation of temporary visits or communications;

• f)

  Deprivation of another meal other than the regulated one;

• g)

  Deprivation of specific trust activities;

• h)

  Deprivation of the free enjoyment of allowance;

• i)

  Setback to the period of the progressive system;

• j)

  Reclassification to a higher security level.

Sanctions shall be applied in accordance with the following order:

• a)

  Verbal or written admonition, or deprivation of recreation and sports shall be applicable in the case of minor infractions;

• b)

  Execution of hygiene services, temporary deprivation of communications and visits, and deprivation of another meal other than the regulated one shall be applicable in the case of less serious infractions; and,

• c)

  Deprivation of specific trust activities, deprivation of the free enjoyment of allowance, detention and period of the progressive system, and reclassification to a higher security level in the case of serious infractions. SECTION FOUR DEFINITION AND SCOPE OF SANCTIONS

The sanctions imposed shall comprise and have the scope and modalities established in this regulation. ADMONITION:

Admonishment consists of a verbal and written warning that shall be recorded in a document incorporated into the disciplinary file of the person deprived of liberty. The admonished person may be referred to psychology services, social work, medical service, or religious services depending on the nature of the infraction, so that with the assistance of personnel they may reflect carefully and thoughtfully on the implications of their transgression. Where these services do not exist, this assistance shall be requested from religious institutions or other organizations that visit the Facility, which shall be done in respect of the freedom of worship established in the Constitution of the Republic. DEPRIVATION OF RECREATION AND SPORTS:

It consists of depriving the person deprived of liberty of witnessing and participating in recreational activities, such as artistic spectacles, sporting events, radio or television broadcasts, or other similar activities for up to five (5) days. EXECUTION OF HYGIENE SERVICES:

It consists of imposing on the person deprived of liberty extraordinary cleaning services in the facilities such as cells, sanitary installations, sports courts, bathrooms, visitation areas, and other common areas used by inmates, as well as the execution of services for health maintenance carried out by medical units, psychology and social work services, or the authority of the Facility where they are housed, for eight days. SUSPENSION OF VISITS:

It comprises the temporary suspension of visits provided for in Articles 46, numerals 2 and 3, 49, numeral 5, and 62, numeral 5 of the Criminal Rehabilitation Law, considering the gravity of the infraction to apply:

• a)

  The temporary suspension of ten (10) to fifteen (15) dates of pre-release visits according to the type of permit that the person deprived of liberty enjoys in the case of less serious infractions;

• b)

  The temporary suspension of twenty (20) to thirty (30) dates of visits according to the type of permits in the case of serious infractions;

• c)

  Suspension of visits established in numerals 2 and 3 of Article 46 of the Criminal Rehabilitation Law shall be applicable to sentenced individuals. TEMPORARY DEPRIVATION OF VISITS OR COMMUNICATIONS:

The temporary deprivation of visits or communications comprises:

• a)

  Temporary deprivation of general visits and conjugal visits;

• b)

  Temporary deprivation of communications. TEMPORARY DEPRIVATION OF GENERAL VISITS:

It implies the prohibition of entry of relatives and friends to the Penitentiary Facilities, which shall be complied with under the following terms:

• a)

  Deprivation of up to five (5) days; scheduled as visit dates;

• b)

  Deprivation of up to eight (8) days; scheduled as visit dates;

• c)

  Deprivation of visits of up to ten (10) days; scheduled as visit dates;

• d)

  Deprivation of up to fifteen (15) days scheduled as visit dates.

The imposition of deprivation of general visits for serious infractions also prevents the person deprived of liberty from receiving their conjugal visit during the time the sanction lasts.

For less serious infractions, the penitentiary authority may impose the disciplinary measure consisting of the provision of hygiene services. Penitentiary personnel shall ensure that such services are complied with and have resulted in the modification of the behavior of those sanctioned. TEMPORARY DEPRIVATION OF CONJUGAL VISITS:

It comprises the prohibition of maintaining intimate visits with their spouse or authorized domestic partner, which shall be complied with under the following terms:

• a)

  Deprivation of conjugal visit for two (2) days scheduled as such;

• b)

  Deprivation of conjugal visit for six (6) days scheduled as such;

• c)

  Deprivation of conjugal visit for ten (10) days scheduled as such. The measure of deprivation of conjugal visits does not suspend visits from relatives, including the spouse, who shall be received in visiting areas or in other areas established under the supervision of penitentiary personnel. TEMPORARY DEPRIVATION OF COMMUNICATIONS:

The temporary deprivation of communications comprises the prohibition of making or receiving telephone calls, sending and receiving correspondence, and shall be complied with under the following terms: The temporary deprivation of communications shall be applicable from ten (10) to fifteen (15) days; this measure shall be interrupted by serious illness or death of close relatives duly proven. DEPRIVATION OF MEALS OTHER THAN THOSE PROVIDED BY REGULATION:

The deprivation of meals other than those provided by regulation comprises the restriction to the inmate of consuming foods other than those served from the kitchen, as well as the prohibition of entry of foods intended for them. This deprivation may be imposed for up to five (5) days. Those inmates who by medical prescription must follow a special diet shall be excepted from this sanction. DEPRIVATION OF AUXILIARY POSITIONS OF TRUST AND RESPONSIBILITY:

It is that by which the Director of the Facility suspends the person deprived of liberty from performing work or activities outside the housing unit in which they are confined, from fifteen (15) to thirty (30) days; activities that have been assigned as privileges to remain in areas outside cells; whether outside the module or within it. DEPRIVATION OF FREE ENJOYMENT OF PERSONAL FUNDS:

It is that measure by which the Direction of the Penitentiary Facility suspends the person deprived of liberty in the enjoyment of personal funds earned through activities carried out inside or outside the Penitentiary Facility, during the time the sanction lasts, which shall be fifteen (15) to thirty (30) days, without prejudice to their continuing to perform the aforementioned tasks. REGRESSION TO THE PROGRESSIVE REGIME PERIOD:

It consists of the regression from a higher stage of progressive penitentiary treatment to a lower stage, with the purpose of correcting negative behavior of persons deprived of liberty, as established by technical personnel who shall determine the duration of the sanction.

The disciplinary measure consisting of the suspension of privileges, benefits, and regression to the progressive regime period shall be applicable to persons deprived of liberty whose legal status is that of sentenced individuals. CHAPTER VI SECTION ONE, DIAGNOSIS AND TREATMENT

Every person who enters a Penitentiary Establishment in the status of deprivation of liberty shall be subjected, within thirty (30) days following their admission, to the respective evaluations (medical, psychological and socioeconomic, etc.) whose results shall be added to the criminological file in each case, and shall serve as reference material for resolving requests for preliminary release filed by sentenced persons deprived of liberty.

Every sentenced person deprived of liberty who, as a result of the evaluations conducted, presents a pathology that in the judgment of the professionals responsible for their evaluation should receive specialized treatment, shall be referred by the Direction of the Establishment to the Hospital Center where the indicated treatment shall be provided. Such referral shall be made as mandatory, in accordance with the criteria and recommendations of the professionals.

The psychopedagogical team and the Direction of the Penitentiary Establishment shall indicate the stages of treatment to be applied to persons deprived of liberty and shall evaluate them by applying technical criteria for advancement to the next stage of treatment, in accordance with what is established in the Law of Rehabilitation of Offenders. CHAPTER VII SECTION ONE, OF CLASSIFICATION IN THE DIFFERENT LEVELS OF SECURITY

The purpose of the classification of persons deprived of liberty into the different levels consists in guaranteeing to persons deprived of liberty, penitentiary personnel and visitors in general, safety and an environment of peaceful coexistence and safe operation of the Establishments.

In order for the classification of persons deprived of liberty to achieve the effects intended in this Regulation, it shall be applied based on the pertinent physical structures for separation and effective treatment in accordance with the Law.

The classification process shall begin during the diagnostic period, which shall last from one (1) to thirty (30) days, during which time personality studies shall be conducted by psychologists and socioeconomic studies shall be conducted by Social Workers; the studies shall include the most important data collected during the interviews.

For purposes of the classification of persons deprived of liberty in the penitentiary system, several levels of security are established in degrees from 1 (one) to 4 (four) as follows:

• a)

  Level 1 (one) Minimum Security;

• b)

  Level 2 (two) Moderate Security;

• c)

  Level 3 (three) High Security;

• d)

  Level 4 (four) Super High Security;

All National Penitentiary Establishments shall have the four classification levels described in the preceding article; however, the National Direction of Special Preventive Services may construct other Establishments with special categories of High and Super High Security, for the housing of those persons deprived of liberty who, due to their high degree of dangerousness and maladjustment, cannot coexist peacefully with other persons deprived of liberty.

To easily identify the security levels in the Penitentiary Establishments, identification signals are established with different colors, namely:

• a)

  Green Color represents Level 1 (one) or Minimum Security (persons deprived of liberty of minimal dangerousness);

• b)

  Blue Color represents Level 2 (two) of Security (moderately dangerous persons deprived of liberty);

• c)

  Red Color represents Level 3 of Security (dangerous persons deprived of liberty);

• d)

  Orange Color represents Level 4 (four) of Security (very dangerous persons deprived of liberty).

Persons deprived of liberty who are enjoying the preliminary release period with benefits of release outside the Establishments and persons over seventy (70) years of age who lack less than three years until their conditional liberty shall be classified in Level One (1) or Minimum Security.

Persons deprived of liberty who, within the last six (6) months prior to the entry into force of this Regulation, have not shown signs of high dangerousness in the Penitentiary Establishments, and those who have regressed in the treatment of Level 1 or Minimum Security, shall be classified in Level Two (2) or Moderate Security.

All persons deprived of liberty who, during the six (6) months preceding the entry into force of this Regulation, have shown signs of Qualified High Dangerousness, in accordance with the opinion of the Interdisciplinary Technical Council, led by the Director of each Establishment, and those who have regressed in the treatment of Level Two (2) or Moderate Security, shall be classified in Level Three (3) or High Security.

Persons deprived of liberty who, while classified in Security Levels 1, 2, and 3, commit the following offenses shall be classified in Level Four (4) or Super High Security:

• a)

  Cause the death or serious injuries to another person deprived of liberty, penitentiary personnel, or visitor;

• b)

  Those who participate in or carry out violent escape attempts;

• c)

  Persons deprived of liberty proven to be part of gangs planning kidnappings from the Penitentiary Establishments;

• d)

  Persons deprived of liberty proven to commit the crime of extortion from the Penitentiary Establishments;

• e)

  Chiefs of Drug Trafficking Cartels qualified as very dangerous from their admission;

• f)

  Bank and armored vehicle robbers who in their criminal action have caused the death of persons.

The Penitentiary Authority shall issue all necessary formats for the classification of persons deprived of liberty, which shall contain all important data for the formation of the criminological file. SECTION TWO OF THE TECHNICAL CLASSIFICATION COMMITTEE

The classification of persons deprived of liberty shall be under the responsibility of a Technical Committee attached to the National Direction of Special Preventive Services and Coordinated by the Operations Department.

The Technical Committee shall be selected by the National Director and is composed of professionals in law, psychology, medicine, and social work, who shall receive training at the internal level and abroad for efficient work.

The Committee shall meet ordinarily once per week and in extraordinary session each time it is necessary by convocation of the Coordinator (Operations Department).

In order to execute the decisions of the Technical Classification Committee, an executing team shall be formed composed of penitentiary police personnel duly trained in the matter and shall be under the coordination of the Operations Department and the Penitentiary Directorates.

In order for the decisions of the Technical Classification Committee to be effective, the Directors of Penitentiary Establishments shall comply with said decisions, and they may not be modified, except by the Committee in cases that warrant it by means of a reasoned resolution.

The National Director of Special Preventive Services shall oversee that the Technical Committee maintains independence for decision-making and that its actions are carried out in accordance with law.

The Technical Committee shall have its headquarters in Támara, Municipality of the Central District, in the same premises as the National Directorate and shall have jurisdiction in all Penitentiary Establishments in the country for the evaluation and classification of persons deprived of liberty.

The Psychopedagogical Technical Teams and the Interdisciplinary Technical Councils shall collaborate with the work they develop and shall forward the documents and reports that are requested of them in relation to the persons deprived of liberty. No person deprived of liberty may be transferred from one security level to another without hearing the opinion of the Technical Committee, except in cases of emergency to safeguard their life and integrity. CHAPTER VIII SECTION ONE, OF THE PRELIBERATION TECHNICAL COMMITTEE

For the proper functioning in the granting of preliberation benefits to persons deprived of liberty, two classes of benefits or incentives shall be considered:

• a)

  Those that the person deprived of liberty may enjoy within Penitentiary Establishments;

• b)

  Those that the Person Deprived of Liberty may enjoy outside the Penitentiary Establishment (weekend releases with confinement Monday through Friday; releases on business days with weekend confinement, daytime releases with nighttime confinement).

In order to enjoy preliberation benefits, the person deprived of liberty must have completed all the stages that the Law of Criminal Rehabilitation establishes, respecting the criteria of personality and conduct that has been established by psychopedagogical personnel, criteria by which it shall be determined whether it is appropriate for the person deprived of liberty to enjoy benefits within Penitentiary Establishments or whether it is appropriate for them to enjoy benefits outside of said Establishments.

Persons deprived of liberty who have not enjoyed the stages of treatment within Penitentiary Establishments prior to the effectiveness of this regulation and who request the application of the benefit of release outside of them shall be evaluated by the psychopedagogical technical team and even though the results are favorable, they shall be subjected to a period of therapy, which may be in group or individual form, whose therapeutic period shall not be less than ninety (90) days.

The requirements to be eligible for preliberation treatment are:

• a)

  To have been sentenced to sentences greater than three years;

• b)

  To have submitted to all stages of penitentiary treatment, or in their case; to have submitted to a therapeutic period of ninety (90) days;

• c)

  To enjoy good conduct and work habits certified by the psychologist, social worker, physician and granted by the Director of the Penitentiary Establishment;

• d)

  Not to be a recidivist in the commission of crime, which shall be proven by the criminal record certification issued by the Judicial Branch;

• e)

  To be included in the periods established in this regulation;

• f)

  To present verbal or written request to the Director of the Penitentiary Establishment;

• g)

  To have learned to read and write, in the case of those who entered being illiterate, and to have continued studies in other cases when the conditions exist in the Establishments;

• h)

  To have satisfactorily passed the exams administered by the psychopedagogical personnel of the Establishment, and approval of the Director in accordance with Article 60 of the Law of Criminal Rehabilitation;

• i)

  To possess a fixed residence where they will stay when released from the Penitentiary Establishment.

If during the course of the therapeutic treatment applied to those persons deprived of liberty whose evaluation result has been favorable in the primary evaluation, it is found that traits of dangerousness are detected that were not detected in the first study conducted, the request made may be temporarily denied and treatment shall continue until it is certain that the person deprived of liberty is ready to enjoy the benefit without social risk.

No person deprived of liberty shall enjoy preliberation benefits outside of Penitentiary Establishments, except in the following cases:

• a)

  Two years after having served half the sentence in cases of sentences greater than 12 (twelve) and equal to fifteen (15) years;

• b)

  Three years after having served half the sentence in cases of sentences greater than fifteen (15) and equal to eighteen (18) years;

• c)

  Four years after having served half the sentence in cases of sentences greater than eighteen (18) and equal to twenty-six (26) years;

• d)

  Four years and six months after having served half the sentence in cases of sentences greater than twenty-four (24) and equal to twenty-five (25) years;

• e)

  Five years after having served half the sentence in cases of sentences greater than twenty-five (25) and equal to thirty (30) years;

• f)

  In other cases, the decision shall be made through the collegial opinion of the Interdisciplinary Technical Council and the opinion of the Courts of Sentence Execution.

The preliberation benefit to be enjoyed outside penitentiary establishments shall have as its purpose the gradual reintegration of persons deprived of liberty into society. During said period of time, they must spend it with their families (spouse and children, parents, siblings, church, or with friends whose reputation is proven in the social environment where they live, which shall be verified and investigated by the Directors of Penitentiary Establishments through assigned social workers), in the same visit it shall be verified whether the beneficiaries are complying with the rules established in this regulation.

Persons deprived of liberty to whom preliberation benefits have been granted shall be subject to the following conditions:

• a)

  They are prohibited from leaving the country and their residence without prior authorization from the Director of the Establishment and other competent authorities;

• b)

  They are prohibited from carrying weapons of any kind;

• c)

  They are prohibited from consuming alcoholic beverages or drugs and visiting places where they are sold, or where prohibited games are practiced;

• d)

  They are prohibited from residing in or approaching the victim or their family members. The breach of the above measures or others determined by the Director of the Establishment together with psychopedagogical personnel shall result in the temporary or permanent suspension of the benefit granted. The benefits and living conditions of persons deprived of liberty shall be supervised by the National Directorate of Special Preventive Services, without prejudice to the powers that the Law confers on the Courts of Sentence Execution.

If as a result of the visits conducted it is verified that the beneficiaries of the aforementioned modalities have failed to comply with the conditions established by the Interdisciplinary Technical Council, the benefit shall be suspended for a period of six (6) months by means of a reasoned resolution. After the suspension period has elapsed, the degree of remorse for having violated the rules shall be evaluated, and depending on the result, the benefit shall be restored and follow-up shall be provided until final release, without prejudice to the fact that, depending on the severity of the infraction committed, the definitive cancellation of the benefit may be appropriate.

The Directors of Penitentiary Facilities are obligated to send information to the National Criminal Investigation Directorate, the National Preventive Police, the National Commissioner of Human Rights, the Office of the Attorney General, to the Courts of Execution in each Department, and to the National Directorate of Special Preventive Services regarding all persons deprived of liberty who are enjoying pre-release benefits, indicating the day on which their leaves begin and the address where the beneficiary will reside.

The modality of weekend leaves may be changed to leaves on business days (Monday through Friday), when the person deprived of liberty proves that they work in a State or Private Company, provided they have not committed infractions of crimes during the period of time they have enjoyed weekend leaves, or have not failed to comply with the conditions established in this regulation, which in any case may not be less than six (6) months of having enjoyed the previous stage.

Persons deprived of liberty who enjoy pre-release benefits must at their own expense on a mandatory basis, both within the Penitentiary Facility and outside of it, wear an electronic monitoring device that shall be provided by the Direction of the Penitentiary Facility. In case of loss, they must report it immediately, otherwise the benefit shall be temporarily suspended.

For the change of modality from weekend leaves to business days with confinement on weekends, candidates must be evaluated by the psychopedagogical technical team and must prove by means of a certificate issued by the Direction of the corresponding Penitentiary Facility that during the weekends enjoyed, they did not violate the rules imposed by means of the resolution granting them the benefit.

The Director of the Penitentiary Facility shall personally supervise, through a team or personnel of their confidence, all persons deprived of liberty who enjoy the benefit of leaves from Monday through Friday at the place where they are providing their services, and if it is verified that they do not reside or work in the places indicated at the time the benefit was granted, the benefit shall be suspended indefinitely, the certificate of misconduct shall be filed in the record, which will prevent them from enjoying conditional release.

Persons deprived of liberty who are enjoying leave benefits in any of the modalities shall be at the disposal of the Direction of the Facility to perform cleaning work, repairs, and other work in favor of the penitentiary system. Such work shall be taken into account for the following stages of treatment.

If the person deprived of liberty who has been granted leave in any of the modalities does not present themselves at the respective time to make their entry to the Penitentiary Facility, a grace period of two hours shall be given, and if they do not present themselves, they shall be considered a fugitive from justice, with written notice being given to the National Criminal Investigation Directorate (DNIC), National Preventive Police, the Court of Execution, Office of the Attorney General of the Public Ministry, and the National Directorate of Special Preventive Services (DNSEP) for their recapture and other legal purposes.

Persons deprived of liberty who have absconded (fugitives) and are recaptured shall not be able to enjoy pre-release benefits outside the Facility, and must serve the total sentence, plus the time that the corresponding Court may add for the evasion committed. CHAPTER IX SECTION ONE, REGARDING VISITS TO FACILITIES OF THE HONDURAN PENITENTIARY SYSTEM

Visits made to persons deprived of liberty shall be conducted under optimal conditions of order, respect, and security. Visitors are obligated to respect and comply with the provisions contemplated in this regulation.

The Directors of Penitentiary Facilities must foster the existence of adequate conditions for visits. It is the obligation of Directors to inform, by means of instruments that are easily accessible and understandable to the prison population and visitors, the provisions that regulate this matter.

For reasons of safety of visitors and of the penitentiary population, every person deprived of liberty has the right to be visited by a maximum number of six (6) members of their family group, two for each visit day, in accordance with the procedures stipulated in this regulation. The following visit modalities are established:

• a)

  Family visit;

• b)

  Conjugal visit;

• c)

  Institutional visits;

• d)

  Visit of Ambassadors and Consuls;

• e)

  Visit of Legal Representatives.

For the purposes of the preceding Article, visit days shall be understood as Saturdays and Sundays. The Penitentiary Authority shall prepare the respective calendar indicating which classification levels shall be visited on Saturdays and which shall be visited on Sundays, it being understood that those receiving visits on Saturdays shall not receive them on Sundays, and visits shall be granted in the following order:

• a)

  Persons deprived of liberty classified at level one or minimum security shall not receive visits, since they enjoy the benefits of visiting their family members;

• b)

  Persons classified at level two (2) or medium security shall receive family and personal visits once per week and conjugal visits once every fifteen (15) days;

• c)

  Persons deprived of liberty classified at level three (3) of High Security shall receive family and personal visits in the visiting areas once (1) per month and conjugal visits once every two (2) months;

• d)

  Persons deprived of liberty of Super High Security shall receive regular visits in the visiting areas once every two (2) months, provided that the Penitentiary Authority determines the feasibility and safety of the visitor, and shall not receive conjugal visits until they return to the lower security level if they decide to modify their conduct.

In the Security Office of the Penitentiary Facilities, control books shall be maintained that are properly folioed, authorized, signed and sealed by the Director of Special Preventive Services, in which shall be kept the register of persons who make family visits and conjugal visits authorized by the Institution and by persons deprived of liberty, and the register of other visitors. Likewise, a Data Bank shall be maintained in which there shall be a Digitized Register of all Persons authorized to conduct the corresponding visits.

The Direction of the Facility, upon prior study by the Social Work Office and Medical Department, may grant the visit of their spouse or domestic partner to persons deprived of liberty, which shall not be denied except for sanitary reasons and other circumstances qualified by the penitentiary authority. Conjugal visits shall be conducted during daytime hours and on the days established for general visits. Under no circumstances shall conjugal visits be permitted during nighttime hours.

The Social Work Office of each Establishment shall conduct a prior social study before granting each person admission to the respective Establishment in the capacity of visitor, evaluating whether there are reasons of personal or institutional security that prevent such person from entering the respective Establishment, in which case it shall inform the Director thereof, who shall make a determination in the matter. In the case of minors, the Social Work Office must consider, in addition to security, the greatest possible welfare.

The Social Work Office of the Establishment, upon conducting the respective social study, shall give priority for admission in the capacity of visitor to the Penitentiary Establishment to the following persons: a) Members of the family group of the person deprived of liberty (Spouse, Father, Mother, Grandparents, Children and Siblings) and other relatives within the fourth degree of consanguinity and second degree of affinity. b) Persons who, without having family ties with the person deprived of liberty, constitute a resource criterion of support provided they are essential to and accepted by the incarcerated person.

Each Establishment shall maintain a Register of Visitors that shall be prepared by the Social Work Office, in close coordination with the Direction of the Penitentiary Establishment.

The Register of Visitors shall contain at minimum all names and surnames, as well as the identification card numbers of each of the visitors and an indication of the person deprived of liberty whom they visit; such information shall also appear in the Digitalized System maintained for such purpose. The entry points of the Establishments shall have an updated copy of the Register of Visitors to exercise the respective control.

For purposes of admission in the capacity of visitor to an Establishment of the National Penitentiary System, the person must meet the following requirements:

• a)

  Be registered in the Register of Visitors;

• b)

  Present an identification card, passport in the case of foreigners or if the interested party does not have such documents, any other document with a photograph that demonstrates identity and its validity;

• c)

  In the case of minors, they must carry valid identification issued by the Penitentiary Direction and be accompanied by their mother, father or Legal Guardian, such guardianship must be supported by a Court Judgment of the respective Court;

• d)

  Not be under the influence of alcohol or toxic substances;

• e)

  Dress appropriately;

• f)

  Comply with the respective provisions related to searches.

The Social Work Office of the Establishment shall coordinate the issuance of visitor identification cards for minors, valid for one year; such card shall be signed by the person responsible for that office and by the Director of the respective Establishment. For the preparation of the minor's visit card, the interested parties must present to that office a birth certificate of the minor issued by the Civil Registry or passport in the case of foreigners and two passport-sized photographs of the minor, plus the respective authorization from the legal representative.

The Social Work Office that handles community matters of the Establishment shall study, when so required, the advisability of a minor entering the Establishment in the capacity of visitor, and shall immediately render a detailed report with a recommendation to the Director of the Establishment, who shall make the corresponding determination by issuing a communication to the interested parties, with a copy to the Juvenile Prosecutor's Office.

The parents or Legal Guardians of minor visitors who enter the Establishment with them shall be responsible for their care during their stay and for accompanying them upon their departure, without prejudice to the security measures that the Direction of the Establishment implements for their protection.

Each Penitentiary Establishment must guarantee the admission of general visits on established days, in accordance with the classification in the different Security levels.

All Penitentiary Establishments shall designate spaces for visits, which must meet the necessary hygiene and security conditions. Only persons deprived of liberty who are to receive visits shall have access to such spaces.

Special visit is that which is granted outside the hours of general visits, when the gravity or urgency of the circumstances so warrant. It shall be authorized by the Director of the Establishment, and shall not exceed one (1) hour.

Professionals who practice their profession independently, while providing their services to one or more persons deprived of liberty, and public officials in the exercise of their functions and competence, may visit the Establishments of the National Penitentiary System, and must accredit their status by presenting valid identification issued by the professional college to which they are affiliated or by the Institution for which they provide services, as applicable. Both the aforementioned professionals and Public Officials who visit the Penitentiary Establishments must respect the provisions contained in this regulation.

Diplomatic Heads of Mission and Consuls in exercise of functions proper to their office may visit their fellow citizens deprived of liberty, accrediting their status by presenting the respective official identification.

Representatives of International Organizations that safeguard the protection of human rights, insofar as they act in exercise of functions proper to the position they hold, may visit the incarcerated population with restricted hours, for which they must accredit their status by presenting the respective official identification.

The Direction of the Penitentiary Establishment, after prior case study, may authorize a program of special visits to religious groups, student groups, social welfare organizations or other associations with similar purposes. In the event that the volunteer group is authorized to conduct periodic visits as required by its program, each of its members shall be issued a special identification card by the Social Work Office, which card shall be signed by the person responsible for that office and by the Director of the Establishment. The Direction of the Establishment must inform the National Direction of Special Preventive Services regarding the permits it grants to the groups described in this Regulation.

All members of Volunteer Groups shall return to the Establishment Management the identification card issued by it upon their withdrawal from the group when their programming has concluded. The coordinator or president of the Volunteer Group shall be responsible for ensuring compliance with this provision; otherwise, shall be liable for any misuse that one of its members makes of the assigned identification card. Members of volunteer groups must respect the provisions of this regulation.

Every authorized Volunteer Group must conduct its activities in a space designated for such purpose, within the established schedule and for the time authorized by the Establishment Management.

University Students who provide their services as a mandatory academic requirement or who conduct academic research, with prior approval from the Establishment Management, shall have a special visit program whose schedule may not coincide with the one assigned for general visits, except when it is necessary for these three, and must comply with the provisions contained in this regulation. To the groups in question, the Penitentiary Establishment Management shall grant the necessary time to conduct their activities under the supervision of penitentiary personnel.

In cases where the visitor of a person deprived of liberty resides abroad and is in the country for a period not exceeding thirty days, the Establishment Management, after prior evaluation of the case by the office in charge of Social Work of the Penitentiary Establishment, shall establish a special visit program, which shall not exceed in any case one (1) day per week, which allows interested parties to take advantage of the visitor's stay in areas to encourage and strengthen existing bonds between both persons. The High and Super High Security levels are excepted.

Persons deprived of liberty have the right to communicate with persons who visit them, but no visit may enter the facilities except with the consent of the person deprived of liberty who will receive it. The Social Work Department shall conduct investigations to determine the person with whom they have a stable union, which shall be recorded in the control book for conjugal visit; (such visit shall be permitted between persons of different sex).

Any Official of State bodies, Diplomatic or Consular representatives or International Organizations, as well as National or Foreign Non-Governmental Organizations, duly accredited in the country, must request from the Director of the Penitentiary Establishment their entry, stating the purpose of their visit, which shall not be denied except for qualified reasons.

Visitors of persons deprived of liberty shall not be permitted under any circumstances to perform the following actions:

• a)

  Present themselves in a state of intoxication or under the effects of drugs and/or narcotics;

• b)

  Bring any class of weapons;

• c)

  Introduce into the Penitentiary Establishment alcoholic beverages, drugs or narcotics;

• d)

  Carry medications not authorized by the medical personnel of the center;

• e)

  Carry personal use items intended for inmates such as jewelry, money and similar items;

• f)

  Introduce written material, pornographic or other material that incites violence or that is contrary to morality and good customs;

• g)

  Introduction of cameras or video cameras, mobile phones or other objects potentially capable of causing damage to the physical integrity of persons and facilities;

• h)

  The communication of persons deprived of liberty with the particular visitor in visiting areas shall take place under the supervision of a custody officer;

• i)

  Other prohibitions that at the discretion of the Director are necessary.

The visit shall be recorded meticulously through Detection Equipment and use of gloves and shirts. If such persons carry unauthorized objects and documents, they shall be confiscated or deposited at the reception area; if they constituted crimes, a report shall be made to the Public Ministry for them to take the legally appropriate actions. CHAPTER X SECTION ONE, OF THE SUSPENSION OF VISITS

The Establishment Management shall suspend the realization of the visit when any of the following circumstances arise:

• a)

  When the visitor violates the right to life, physical and mental integrity of the person visited, of other persons deprived of liberty and of other visitors or Officials of the Institution;

• b)

  When the person deprived of liberty violates the right to life, physical and mental integrity of the visitor;

• c)

  For reasons of institutional security;

• d)

  When the person deprived of liberty or the visitor fails to comply with the provisions contained in this regulation;

• e)

  When riots or endemic health situations occur.

If any cause contemplated in this regulation occurs that warrants suspending the entry of a person in the capacity of visitor, the Social Work office shall submit to the Establishment Management a report indicating the reasons for which the suspension is applicable, whereupon the appropriateness of the suspension shall be determined, guaranteeing due process to those in violation.

The suspension of entry of a person in the capacity of visitor may be temporary or permanent depending on the gravity of the case; the temporary suspension may last up to six consecutive months, and the measure may be extended for an equal period subject to compliance with due process and by resolution of the respective Establishment. The Social Work office shall submit, when required, a report with recommendations regarding the suspension of entry of a person in the capacity of visitor, in order to determine whether such measure should be applied and likewise when the measure should be maintained.

In the case of special visits established in this regulation, the Penitentiary Establishment Management may suspend them in accordance with the regulations of this rule.

Against the resolutions of the Establishment Management that order the suspension or cancellation of entry of a person in the capacity of visitor, the remedies established by law may be filed before the corresponding authorities.

When visitors carry objects or utensils intended for persons deprived of liberty, whose entry is not permitted, they shall be deposited at the reception area and shall be returned to them at the moment of the visitor's departure.

Visitors of persons deprived of liberty shall not be permitted under any circumstances to enter under the following conditions:

• a)

  In a state of intoxication or under the effects of drugs and/or narcotics;

• b)

  Bring any class of weapons;

• c)

  Introduce into the module alcoholic beverages, drugs or narcotics;

• d)

  Carry medications not authorized by the medical personnel of the Establishment;

• e)

  Carry personal use items intended for persons deprived of liberty (jewelry, money and other similar items);

• f)

  Introduce written material with pornographic content or other material that incites violence or that is contrary to morality and good customs;

• g)

  Introduction of cameras or video cameras, mobile phones or other objects potentially capable of causing damage to the physical integrity of persons and facilities;

• h)

  The communication of persons deprived of liberty with the particular visitor in visiting areas shall take place under the supervision of a custody officer;

• i)

  Other prohibitions that at the discretion of the Director are necessary. CHAPTER XI SECTION ONE, OF SPOKEN AND WRITTEN COMMUNICATION

Telephone communication shall be conducted when the Penitentiary Authority permits it, with a duration of five (5) minutes per call, through the use of controlled telephony from a Central Telephone System of the Institution.

Postal correspondence, sent and received, must be opened and reviewed by the designated social worker, in the presence of the person deprived of liberty and two witnesses, with entries to be recorded in the correspondence control log.

Correspondence sent and received, in order to be permitted, must be written in legible handwriting; the use of codes, symbols, or other types of non-conventional signs capable of transmitting messages of illicit content shall not be allowed; in the event that the correspondence is written in a language other than Spanish, the assistance of a translator shall be sought. CHAPTER XII SECTION ONE, MEDICAL SERVICES

The physician shall visit the persons deprived of liberty daily in order to ensure they are maintained in satisfactory health conditions, with appropriate measures to be adopted as necessary.

When the results of medical examinations reveal that a person deprived of liberty shows alteration of their physical or mental health, the Director of the Penitentiary Establishment, upon hearing the reasoned opinion of the physician, may in such case take the following decisions:

• a)

  Authorize their care in the first aid clinic of the Penitentiary Establishment;

• b)

  Authorize the transfer of the person deprived of liberty to receive assistance in the nearest Public Hospital.

Penitentiary medical services, in collaboration with the Ministry of Health, shall offer to persons deprived of liberty HIV/AIDS laboratory tests, which they may voluntarily accept upon the physician's suggestion; likewise, periodic Basiloscopic examinations shall be conducted for the early detection of pulmonary tuberculosis and other infectious-contagious diseases.

The physician shall review all types of medications that come from outside the Penitentiary Establishment and are destined for persons deprived of liberty, allowing entry only of those that merit it.

The physician of the Establishment shall supervise and control aspects of health and environmental and personal hygiene in all spaces, verifying the cleanliness of cells, sanitary services, bathrooms, bedpan water, clothing, potable water supply, food, sunbathing areas, ventilation, lighting, control of vectors and ectoparasites.

Persons deprived of liberty shall receive basic dental care as prevention of oral health. CHAPTER XIII SECTION ONE, OF THE PENITENTIARY SYSTEM'S OBLIGATION IN MATTERS OF TREATMENT

It is mandatory for the Penitentiary System, with the collaboration of the Ministry of Education, to provide persons deprived of liberty with educational material consisting of books, magazines, and other materials that, by their educational content, comply with the information of conduct in compliance with Article No. 68 of the Law on Rehabilitation of Offenders. For the purposes of this article, libraries shall be created in each Establishment, with the purpose of encouraging reading and research for rehabilitation purposes aimed at social reintegration.

It is the obligation of the Director of the Penitentiary Establishment to provide persons deprived of liberty with the respective psychological treatment in compliance with Article No. 26 of the Law on Rehabilitation of Offenders.

Permanent spiritual care shall be provided in Penitentiary Establishments, which shall be imparted by persons of different faiths that operate legitimately in the country and shall be conducted on the days and at the hours established by the Penitentiary Authority. CHAPTER XIV SECTION ONE, SECURITY NORMS

Security in Penitentiary Establishments shall be in charge of a team of properly trained penitentiary police officers, according to the criteria of the Directors as deemed adequate to maintain order, discipline, and security during the twenty-four hours of the day. This team must be under the command of the Head of Security, who shall be an Officer with the rank of Sub-Commissioner or Police Inspector, who shall be responsible for executing the administrative and security decisions issued by the Direction of the Establishment.

Roll call shall be conducted twice a day, cell by cell, at an established schedule, at 06:30 A.M. and 06:30 P.M., to verify the presence of persons deprived of liberty. At 08:00 P.M., there shall be general silence in all facilities.

A thorough search shall be conducted a number of times per week in each cell, preferably during daytime hours, and a written report of the results obtained shall be given to the Director of the Establishment and to the psychopedagogical team; if drugs, weapons, or any unauthorized object are found, seizure shall be made and an investigation shall be conducted to determine the persons responsible for their introduction, in order to apply the sanctions that the law corresponds, whether these be employees, persons deprived of liberty, or visitors.

When transfers of persons deprived of liberty from Penitentiary Establishments throughout the country to Courts, hospitals, and from one Establishment to another must be made, the necessary security measures shall be adopted in order to reduce risks and prevent rescues by criminal gangs, with stronger measures being required when the persons deprived of liberty are considered dangerous or extremely dangerous.

Transfers shall be carried out preferably in minibuses with polarized windows, to prevent persons deprived of liberty from being exposed to the sight of persons who have an interest in rescuing them or causing them harm. Every transportation unit that transfers persons deprived of liberty shall be escorted by one or more other transportation units with sufficient security personnel to control any emergency situation. Prior to conducting transfers, the Director of the Establishment or the Sub-Director in his case shall notify the police posts near the route in order to receive immediate assistance in case of emergency. To this effect, every person deprived of liberty shall be conducted wearing their respective orange uniform regardless of the level of internal security to which they are assigned, with the exception of persons in minimum security. CHAPTER XV SECTION ONE, COMPETENCE AND POWERS

The Secretariat of State in the Office of Security through the National Directorate of Special Preventive Services shall be competent for the application of this Regulation.

The functions of the National Directorate of Special Preventive Services in accordance with the Organic Law of the National Police of Honduras are:

• a)

  To propose the creation and organization of state detention establishments, direct and manage their functioning;

• b)

  To exercise technical direction of Penitentiary Establishments and Social Readaptation;

• c)

  To prepare and submit through the Secretariat of State in the Office of Security, for approval of the Executive Branch, the regulations that may be necessary for the application of concerning laws;

• d)

  To ensure compliance with laws, regulations and resolutions issued on the matter by competent authorities;

• e)

  To guide the social readaptation of persons deprived of liberty in accordance with laws in effect on the matter;

• f)

  To request through appropriate channels the reports and advisors necessary for the proper functioning of Penitentiary Establishments;

• g)

  To order the transfers of sentenced persons deprived of liberty to other Establishments for security reasons and other justified circumstances;

• h)

  To coordinate with competent authorities the transfers of persons being processed;

• i)

  Others permitted by Law.

The powers and authority of the National Director of Special Preventive Services, without prejudice to those attributed in the Organic Law of the National Police and its Regulation, are:

• a)

  To comply with and ensure compliance with the Constitution of the Republic, laws, treaties, conventions, regulations and manuals in effect on the matter;

• b)

  To ensure the security, order, discipline, hygiene, sanitation of persons deprived of liberty and the restoration of order in case of disturbance;

• c)

  To protect the life and physical integrity of persons deprived of liberty;

• d)

  To maintain a computerized or digitalized, updated and integrated system of records regarding persons deprived of liberty at the national level;

• e)

  To strictly comply with the orders and legal resolutions that competent authorities issue on the matter;

• f)

  To adopt the necessary measures for the proper functioning of Penitentiary Establishments;

• g)

  To apply, prior to the corresponding legal procedure, disciplinary measures;

• h)

  To plan, execute, supervise and evaluate through the different departments of the National Directorate of Special Preventive Services in coordination with other Directorates and Justice Operators; special provisions in the different Penitentiary Establishments of the country, and all those dispositions issued by the Secretariat of State in the Office of Security for the proper functioning of these;

• i)

  To plan projects, execute programs and projects, establish policies and strategies that are authorized on the matter by the Secretariat of State in the Office of Security.

The National Directorate of Special Preventive Services is responsible for the administration, control and surveillance of the Penitentiary Establishments of the Republic; this Regulation governs its organization and functioning in accordance with the Organic Law of the National Police. CHAPTER XVI FINAL PROVISIONS

The National Directorate of Special Preventive Services shall issue the manuals that may be necessary for the different procedures in compliance with Law and this Regulation.

Matters not covered in this Regulation shall be governed by the provisions of the Constitution of the Republic, the Criminal Rehabilitation Law, and International Treaties on the matter ratified by the State of Honduras.

This General Regulation shall enter into force as of its publication in the Official Gazette La Gaceta. SECOND: This agreement is for immediate execution and shall be published in the Official Gazette La Gaceta. Given at Presidential House on the twentieth day of the month of July of the year two thousand eleven. PORFIRIO LOBO SOSA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC JOSÉ ROBERTO ROMERO LUNA SECRETARY OF STATE IN THE OFFICE OF SECURITY, BY LAW Secretariat of State in the Office of Health EXECUTIVE AGREEMENT NUMBER 08-2011 THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC, CONSIDERING: That it corresponds to the President of the Republic among other powers, to direct the general policy of the State, represent it, manage the public treasury and issue extraordinary measures in economic and financial matters when the national interest so requires. CONSIDERING: That the President of the Republic is in charge of the state enterprise and Coordination of the centralized and decentralized Public Administration, the General Administration of the State and therefore to direct the economic and financial policy thereof, being able to act by himself or in Council of Ministers. CONSIDERING: That it is a constitutional duty of the State to protect the health of the Honduran people. That health is considered as a state of comprehensive well-being, biological, psychological, social and ecological, is a right of every person and it corresponds to the State its protection, recovery and rehabilitation through its health service producing units. CONSIDERING: That the protection, promotion, prevention, preservation, restoration and rehabilitation of the health of the population are fundamental priorities of the Government of the Republic, as well as the establishment of the bases to simplify and rationalize administrative procedures in order to ensure that all actions are carried out in compliance with the law, achieving prompt and effective satisfaction of the interested parties. CONSIDERING: That the Government of Spain through the Spanish Agency for International Development Cooperation (AECID) signed with the Government of Honduras, through the Secretariat of State in the Office of Health of the previous Public Administration, a Memorandum of Understanding in relation to the Action Plan of the Strategy for Reduction of Maternal and Child Mortality (RAMNI). The general objective of RAMNI is to achieve by 2015 a reduction in maternal and child mortality rates that historically have been very high in Honduras. Furthermore, that the Budget Execution Program in the Health Secretariat during the present fiscal year must be operationalized considering that there are strategies that must be articulated from the central level to health services in different localities, with a perspective of harmonization among the various initiatives of the actors, institutions involved and international cooperation agencies. CONSIDERING: That among the national health institutes, the National Institute of Geriatrics (ING), has been classified as a specialized institution designated to provide comprehensive quality geriatric care to the elderly population of the country with preventive, curative, rehabilitative and health promotion services within the framework of national policies. CONSIDERING: That the National Institute of Geriatrics must respond to the needs demanded by the Honduran population, particularly elderly adults, for which it is imperative that said institute has the human, physical and financial resources necessary to fulfill its mission of contributing to improve the quality of life of the elderly adult. CONSIDERING: That it is essential that the National Institute of Geriatrics continue to strengthen its management capacity and that the Health Secretariat in coordination with other State institutions direct specific actions aimed at satisfying the needs of the elderly adult population of the country. [page omitted]